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Agenda 10/25/2022 Item #17C (Ordinance - To have the BCC review staff's findings and recommendations along with the recommendations of the CCPC regarding the above reference petition and render a decision regarding this PUD Amendment petition)17.0 10/25/2022 EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 2000-10, as amended by Ordinance No. 2015-30, the San Marino Residential Planned Unit Development (RPUD), to consolidate the San Marino, Willow Run, and Lido Isles RPUDs and the adjacent Rural Agricultural District (A) land known as Cracklin' Jacks into one Residential Planned Unit Development consisting of 1,321 residential dwelling units on 823.64: acres; by revising the statement of compliance; by revising property ownership and description; by revising development standards, in particular by establishing development Parcel C and adding and revising permitted uses and development standards for Parcels B and C; by revising development commitments; by revising deviations; by revising the master plan; by revising the legal description, for property located near 9300 Marino Circle, on the east side of Collier Boulevard (C.R. 951) approximately 2 miles north of the intersection of Collier Boulevard and Rattlesnake Hammock Road in Sections 11, 12, 13, and 14, Township 50 South, Range 26 East, Collier County, Florida; by repealing Ordinance No. 2014-35, Willow Run RPUD, and Ordinance No. 2015-35, Lido Isles RPUD; and by providing an effective date. [PL20210001766] OBJECTIVE: To have the Board of County Commissioners ("Board") review staff s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above -referenced petition and render a decision regarding this PUD Amendment (PUDA) 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 petitioner seeks to combine three PUDs: the San Marino PUD, the Willow Run PUD, and the Lido Isles PUD, along with the former Cracklin' Jacks restaurant property, into one PUD to be known as the San Marino RPUD. In 2000, the San Marino PUD was approved by Ordinance 2000-10 and in 2015 was subsequently amended by Ordinance 2015-30 (See Attachment B-Ordinance 2015-30) and is developed with 350 residential dwelling units known as "Advenir at Aventine." In 2014, Willow Run PUD was approved by Ordinance 2014-35 (See Attachment C-Ordinance 2014-35) and allows for 590 residential dwelling units. In 2015, Lido Isles PUD was approved by Ordinance 2015-35 (See Attachment D-Ordinance 2015-35) and allows for 61 dwelling units. Approval of the petition will result in a combination of the San Marino, Willow Run and Lido Isles RPUDs, as well as the acreage of the former Cracklin' Jacks, into a new proposed San Marino RPUD and consist of up to 1,321 residential dwelling units, 20 additional dwelling units than the 1301 currently authorized by the three PUDs, on 823.6± acres or 1.6 dwelling units per acre. Ordinance 2014-35, Willow Run RPUD, and Ordinance 2015-35, Lido Isles RPUD will be repealed by the subject PUDA. Modifications to the PUD Document include: - Revising the Statement of Compliance; - Revising the Development Standards; o Establishment of development Parcel C; o Revising of Permitted Uses and Development Standards for Parcels B and C; - Revising the Development Commitments; - Revising the Deviations - Revising the Master Plan - Revising the Legal Description See Attachment A - Proposed PUD Ordinance. FISCAL IMPACT: The rezoning 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 Packet Pg. 1737 17.0 10/25/2022 Amendment is approved, a portion of the land could be developed, and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain the adopted Level of Service (LOS) for public facilities. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by the application of ad valorem tax rates and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Comprehensive Planning staff has reviewed the proposed PUDA and the subject petition is consistent with the Future Land Use Element (FLUE) of the GMP. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC, heard Petition PUDA-PL20210001766, San Marino PUD Amendment on September 15, 2022, and voted unanimously (7-0) to forward this petition to the Board with a recommendation of approval. There have been no letters of objection received. Therefore, this petition has been placed on the Summary Agenda. LEGAL CONSIDERATIONS: This is a site -specific amendment to a Planned Unit Development Zoning District for a project known as the San Marino PUD. The burden falls upon the applicant to prove that the proposed rezoning is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners, should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory, or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for PUD Amendments 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 adequacy of evidence of unified control and suitability of 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? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed MPUD Amendment 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 MPUD 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 MPUD Amendment be appropriate considering the existing land use pattern? 11. Would the requested MPUD Amendment result in the possible creation of an isolated district unrelated Packet Pg. 1738 17.0 10/25/2022 to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 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 MPUD Amendment 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 MPUD Amendment request that the Board of County Commissioners shall deem important in the protection of public health, safety, and welfare? The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons, and the oral testimony presented at the 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. (DDP) RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends that the Board of County Commissioners approve the request for Petition PUDA-PL20210001766, San Marino PUDA. Prepared by: Nancy Gundlach, AICP, PLA, Principal Planner, Zoning Division ATTACHMENT(S) 1. San Marino Staff Report 9-2-22 (PDF) 2. Attachment A -Proposed PUD Ordinance - 082222 (PDF) 3. Attachment B-San Marino Ord. 15-30 (PDF) 4. Attachment C-Willow Run Ord. 14-35 (PDF) 5. Attachment D-Lido Isles Ord. 15-35 (PDF) 6. Attachment E-NIM Synopsis 7-8-22 (PDF) 7. [Linked] Attachment F-Application 8-11-22 (PDF) Packet Pg. 1739 17.0 10/25/2022 8. Public Hearing Sign Affidavit 8-25-22 (PDF) 9. legal ad - agenda ID 23403 (PDF) Packet Pg. 1740 17.0 10/25/2022 COLLIER COUNTY Board of County Commissioners Item Number: 17.0 Doc ID: 23403 Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 2000-10, as amended by Ordinance No. 2015-30, the San Marino Residential Planned Unit Development (RPUD), to consolidate the San Marino, Willow Run, and Lido Isles RPUDs and the adjacent Rural Agricultural District (A) land known as Cracklin' Jacks into one Residential Planned Unit Development consisting of 1,321 residential dwelling units on 823.6± acres; by revising the statement of compliance; by revising property ownership and description; by revising development standards, in particular by establishing development Parcel C and adding and revising permitted uses and development standards for Parcels B and C; by revising development commitments; by revising deviations; by revising the master plan; by revising the legal description, for property located near 9300 Marino Circle, on the east side of Collier Boulevard (C.R. 951) approximately 2 miles north of the intersection of Collier Boulevard and Rattlesnake Hammock Road in Sections 11, 12, 13, and 14, Township 50 South, Range 26 East, Collier County, Florida; by repealing Ordinance No. 2014-35, Willow Run RPUD, and Ordinance No. 2015-35, Lido Isles RPUD; and by providing an effective date. [PL20210001766] Meeting Date: 10/25/2022 Prepared by: Title: Planner, Principal — Zoning Name: Nancy Gundlach 09/16/2022 4:36 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 09/16/2022 4:36 PM Approved By: Review: Zoning Ray Bellows Additional Reviewer Completed 09/19/2022 9:08 AM Zoning Mike Bosi Division Director Completed 09/22/2022 8:20 AM Growth Management Department Diane Lynch Growth Management Department Completed 09/22/2022 7:37 PM Growth Management Department Trinity Scott Transportation Skipped 09/20/2022 9:24 AM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 10/10/2022 3:23 PM Growth Management Department James C French Growth Management Completed 10/11/2022 12:24 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/11/2022 1:55 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/11/2022 3:39 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 10/14/2022 2:06 PM County Manager's Office Board of County Commissioners Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 10/19/2022 9:26 AM 10/25/2022 9:00 AM Packet Pg. 1741 17.C.1 Co [ L-ier County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT - PLANNING & REGULATION HEARING DATE: SEPTEMBER 15, 2022 SUBJECT: PUDR-PL20210001766, SAN MARINO RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) PROPERTY OWNER/APPLICANT AND AGENTS: Property Owner: SD San Marino, LLC 2639 Professional Circle # 101 Naples, FL 34119 Agents: Fred Drovdlic and Alexis Crespo, AICP Richard Yovanovich, Esquire RVi Planning + Landscape Architecture Coleman, Yovanovich, and Koester, P.A. 28100 Bonita Grande Drive 4001 Tamiami Trail North, Suite 300 Bonita Springs, FL 34135 Naples, FL 34103 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider amending an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 2000-10, as amended by Ordinance No. 2015-30, the San Marino Residential Planned Unit Development (RPUD), to consolidate the San Marino, Willow Run, and Lido Isles RPUDs and the adjacent Rural Agricultural District (A) land known as Cracklin' Jacks into one Residential Planned Unit Development consisting of 1,321 residential dwelling units on 823.6± acres; by revising the statement of compliance; by revising property ownership and description; by revising development standards, in particular by establishing development Parcel C and adding and revising permitted uses and development standards for Parcels B and C; by revising development commitments; by revising deviations; by revising the master plan; by revising the legal description, by repealing Ordinance No. 2014-35, Willow Run RPUD, and Ordinance No. 2015-35, Lido Isles RPUD; and by providing an effective date. 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(See the Location Map on page 2 of this Staff Report.) PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks to combine three PUDs: the San Marino PUD, the Willow Run PUD, and the Lido Isles PUD, along with the former Cracklin' Jacks restaurant property, into one PUD to be known as the San Marino RPUD. In 2000, the San Marino PUD was approved by Ordinance 2000- 10 and in 2015 was subsequently amended by Ordinance 2015-30 (See Attachment B-Ordinance 2015-30) and is developed with 350 residential dwelling units known as "Advenir at Aventine." In 2014, Willow Run PUD was approved by Ordinance 2014-35 (See Attachment C-Ordinance 2014- 35) and allows for 590 residential dwelling units. In 2015, Lido Isles PUD was approved by Ordinance 2015-35 (See Attachment D-Ordinance 2015-35) and allows for 61 dwelling units. The proposed San Marino PUD will consist of 1,321 residential dwelling units on 823.6± acres or 1.6 dwelling units per acre. Ordinance 2014-35, Willow Run RPUD, and Ordinance 2015-35, Lido Isles RPUD will be repealed by the subject PUDR. Modifications to the PUD Document include: - Revising the Statement of Compliance; - Revising the Development Standards; o Establishment of development Parcel C; o Revising of Permitted Uses and Development Standards for Parcels B and C; - Revising the Development Commitments; - Revising the Deviations - Revising the Master Plan - Revising the Legal Description See Attachment A — Proposed PUD Ordinance. SURROUNDING LAND USE AND ZONING: North: Vacant land and multi -family residential development with a zoning designation of Forest Glen of Naples PUD with a density of 1.26 dwelling units per acre East: Undeveloped land with zoning designations of Rural Agriculture District (A) and Hacienda Lakes PUD/Development of Regional Impact (DRI) with a density of 2.8 dwelling units per acre PUDR-PL20210001766, SAN MARINO RPUD September 2, 2022 Page 5 of 26 Packet Pg. 1746 17.C.1 South: Undeveloped land with zoning designations of Rural Agriculture District (A) and Hacienda Lakes PUD/Development of Regional Impact (DRI) with a density of 2.8 dwelling units per acre West: Collier Boulevard, a 6-lane divided roadway, and a golf course with a zoning designation of Naples National Golf Club PUD, and residential homes with a zoning designation of Homes of Islandia PUD with a density of 0.18 dwelling units per acre PUDR-PL20210001766, SAN MARINO RPUD AERIAL PHOTO September 2, 2022 Page 6 of 26 Packet Pg. 1747 17.C.1 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located between Rattlesnake Hammock Road to the south, Interstate 75 to the north, and Collier Boulevard (SR 951) to the east in Section 11, Township 50, and Range 26. The 832.6± acre site is identified as Urban Residential Fringe and only partially as Rural Fringe Sending on the eastern portion as defined within the Future Land Use Element (FLUE) of the GMP. The proposed development will include three major parcels that combine the existing Willow Run PUD, Lido Isle PUD, San Marino PUD, and adjacent agriculturally zoned property into one large development which will be called the San Marino RPUD. The intent of the Urban Residential Fringe is to provide transitional densities between the Urban Designated Area and the Agricultural/Rural Area. Within the Urban Residential Fringe, rezone requests are not subject to the density rating system, except as specifically provided below for the Affordable Housing Density Bonus. All rezones are encouraged to be in the form of a planned unit development. Proposed development in the Subdistrict shall be fully responsible for all necessary water management improvements. These improvements include the routing of all on -site and appropriate off -site water through the project's water management system, and a fair share cost of necessary improvements to the CR 951 canal/out-fall system made necessary by new development in the Subdistrict. Future Land Use Element (FLUE): According to the Urban residential fringe subdistrict, the base density allowed within the urban residential fringe is 1.5 DU/A which at a total acreage of 659.5 equates to a base allowance of 989 units. The remaining 164.1 acres within the Rural Fringe Sending Lands are calculated at a density of 1 DU/A which equates to 4 units totaling 993 units by right. The petitioner is proposing an additional 328 residential units through the transfer of development right (TDR) process in order to achieve a proposed density of 1321 units. See the chart below: Property Acres Base Density Acreage Eligible to TDR Bonus TDR Density Total Density San Marino 235.3 352 196.4 @ 1.5 DU/A 298 650 Willow Run 558.5 596 0 0 596 Lido Isles 24.3 37 24 @ l DU/ A 24 61 Cracklin' Jacks 5.5 8 5.5 @ 1.25 DU/A 6 14 TOTALS 823.6 993 328 1,321 Growth Management Staff Analysis/Findings: Comprehensive Planning staff has reviewed the information provided by the applicant as well as the goals and policies of the Growth Management Plan and has determined the following: Parcels A and C will consist of multi -family residential development, while Parcel B will consist entirely of single- family residential development and related accessory uses. The total amount of units requested within the development is 1,321 over 832.6 acres with 350 of those units already constructed within the Adventine at Advenir apartment complex. The proposed Master Plan provided depicts multiple ingress and egress points while creating separate development tracks with limited connections between them. Though the connections to PUDR-PL20210001766, SAN MARINO RPUD September 2, 2022 Page 7 of 26 Packet Pg. 1748 17.C.1 adjacent collector/arterial roads have been provided, Comprehensive Planning staff recommended pedestrian connections between the development parcels as encouraged by Policy 7.3 of the GMP, specifically between the single-family parcel and the multi -family parcels which were rejected by the applicant due to safety concerns of the community. Transportation Element: In evaluating this project, Transportation Planning staff has reviewed the petition and recommends the following: 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 ofpermissible 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 A UIR 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: In evaluating the proposed San Marino and Willow Run PUDR request, staff reviewed the applicant's Traffic Impact Statement (TIS) dated (revised) May 5, 2022, for consistency with the Growth Management Plan (GMP) and using the applicable 2021 Annual Update and Inventory Report (AUIR). According to the TIS and the application, the applicant is proposing to combine the San Marino and the Willow Run PUDs into a single combined PUD that will add 81 residential units (75 units on the adjacent +/-29.8-acre parcel and 6 units on the existing Willow Run PUD). The additional 81 units will generate an approximate +/- 70 two-way PM peak hour trips on the adjacent roadway network. The total number of trips that the combined new PUD will generate will be approximately +/- 842 two-way PM peak hour trips on the adjacent roadway network for the unbuilt residential units. The developer trip cap noted in Section 5.5.C. of the PUD allows a total of +/-1,013 two-way PM peak hour trips which includes the 842 remaining trips noted above plus the existing +/-171 Two-way PM peak hour trips that are on the roadway network for the 350 constructed residential units. PUDR-PL20210001766, SAN MARINO RPUD September 2, 2022 Page 8 of 26 Packet Pg. 1749 17.C.1 Please see the table below for reference: Approved Developed vs Proposed with Trip Counts PUD or Undeveloped Combined PUD Property San Marino 350 multi -family 300 dwelling units +/- 171 existing trips on the PUD 650 constructed network dwelling units 300 remaining units There are +/- 772 trips allowed Willow Run 0 units constructed 596 dwelling units PUD 590 590 remaining units (6 additional units currently in the combined PUDs, dwelling units proposed) This request: +/- 70 two-way PM peak hour trips for the additional 81 units Adjacent +/- 0 units constructed 75 dwelling units 29.8 acres 75 proposed units Totals 350 constructed units 971 dwelling units 1,013 Total two-day PM peak hour 965 units proposed (965 + 6) trips for all proposed units plus plus 350 constructed units consistent with constructed units the trip cap total 1,321 units Staff notes that the following road improvements are funded within the 5-year work program: I-75 Collier Boulevard Interchange improvements; Collier Boulevard 6-lane expansion from Golden Gate Canal to Green Boulevard. Both projects will improve capacity on Collier Boulevard within the area of impact resulting from this development. Policy 7.1 of the Transportation Element of the GMP states: "Collier County shall apply the standards and criteria of the Access Management Policy as adopted by Resolution and as may be amended to ensure the protection of the arterial and collector system 's capacity and integrity. " Staff finding: This development is proposing several access points on Collier Boulevard which will be finalized at the time of Platting or Site Development Plan permitting. Staff recommends approval of the proposed conceptual access point shown on the master plan for this petition. Policy 9.3 of the Transportation Element of the GMP states: "The County shall require, wherever feasible, the interconnection of local streets between developments to facilitate convenient movement throughout the road network. The LDC shall identify the circumstances and conditions that would require the interconnection of neighboring developments and shall also develop standards and criteria for the safe interconnection of such local streets. " Staff finding: The Land Development Code requires the applicant to create an interconnected street system designed to disperse and reduce the length of automobile trips (4.08.07.J.3.a.iii). The PUDR-PL20210001766, SAN MARINO RPUD September 2, 2022 Page 9 of 26 Packet Pg. 1750 17.C.1 proposed Master Plan shows interconnections. The combined PUD also interconnects the previously separated developments and provides access to future roadway alignments consistent with the LRTP. Conservation and Coastal Management Element (COME): Environmental Planning staff have found this project to be consistent with the CCME. A minimum of 212.8 acres of native vegetation is required to be preserved; however, 267.7 acres of native vegetation shall be placed under preservation and dedicated to Collier County. GMP Conclusion: The proposed PUD Rezone may be deemed consistent with the FLUE of the GMP. STAFF ANALYSIS: Staff completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Section 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Section 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the Collier County Planning Commission's (CCPC) recommendation. The CCPC uses these same criteria as the basis for their recommendation to the Board of Collier County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review." In addition, staff offers the following analysis: Environmental Review: Environmental Planning staff has reviewed the PUD petition to address environmental concerns. The minimum PUD preservation requirement is 212.8 acres for the proposed project; the applicant is proposing to preserve 267.7 acres of native preservation in a Conservation Easement dedicated to Collier County. The petition request is to combine adjacent parcels into one rezoning project. The parcels include the San Marino PUD, the Willow Run PUD, the Lido Isles PUD, and Cracklin' Jack's. Three of the four parcels have approved zoning resolutions as well as state and federal approvals. The San Marino PUD Amendment (PL201400000100) was approved for 57.71 acres of native vegetation preservation (Ordinance 15-30); South Florida Water Management District (SFWMD) Permit 11-3664-P and US Army Corps of Engineers (COE) Permit SAJ-1999-01251 were issued for the project. The Willow Run PUD Rezone (PL2013000062) was approved for 149.19 acres of native vegetation preservation (Ordinance 14-35); SFWMD Permit 11-03730-P-02 and COE Permit SAJ1996-04158 were issued for the project. The Lido Isles PUD Rezone (PL20140000393) was approved for 4.73 acres of native vegetation preservation required (Ordinance 15-35); SFWMD Permit 11-03614-P was issued for the project. Cracklin' Jack's property has not had any previous zoning approvals; the property contains 3.16 acres of native vegetation and will require 0.32 acres of native preservation (3.16 acres x 10% preservation requirement). PUDR-PL20210001766, SAN MARINO RPUD September 2, 2022 Page 10 of 26 Packet Pg. 1751 17.C.1 Listed Species: The environmental data indicates the proposed project is in an area that has the potential to contain a variety of protected animal species. The plan establishes guidelines to protect conservation lands; protect wildlife and educate people living and operating within the proposed project. Listed wildlife species observed on the site include gopher tortoise (Gopherus polyphemus). Additionally, signs of Florida Black Bear (Ursus americanus floridanus), bald eagle (Haliaeetus leucocephalus), and Florida panther (Puma concolor coryi) were observed onsite. The property is in Florida Panther Primary Zone. Two panthers' telemetry points were recorded in 2010 and 2015; both panthers were recorded deceased in 2015. The Florida Fish and Wildlife Conservation Commission (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. The proposed project is located within the U.S. Fish and Wildlife Service (FWS) consultation area for Bonneted Bat (Eumops floridanus); however, no evidence was found indicating trees were being utilized. Additionally, Butterfly orchid (Encyclia tampensis), Giant wild pine (Tillandsia utriculata), Northern needle -leaf (Tillandsia balbisiana), and Stiff -leafed wild -pine (Tillandsia fasciculata), are listed as less rare plants, have been observed on the property and will be protected in accordance with LDC 3.04.03. This project does require Environmental Advisory Council (EAC) review, as this project did meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Specifically, the project is requesting a deviation to allow the preservation areas to not be contiguous as required by LDC Section 3.05.07.A.5. Environmental Services staff recommends approval of the proposed petition. Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this project. Utilities Review: The project lies within the regional potable water service area and the south wastewater service area of the Collier County Water -Sewer District (CCWSD). Water and wastewater services are available via existing infrastructure within the adjacent Collier Boulevard right-of-way along the western boundary of the project. Sufficient water and wastewater treatment capacities are available. Any improvements to the CCWSD's water or wastewater systems necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to the County at the time of utility acceptance. School Review: At this time, there is existing capacity within the next 5 years for the proposed development at the elementary, middle, and high school levels. At the time of the site plan or plat, the development project would be reviewed for concurrency to ensure there is capacity either within the concurrency service area the project is located within or adjacent concurrency service areas. PUDR-PL20210001766, SAN MARINO RPUD September 2, 2022 Page 11 of 26 Packet Pg. 1752 17.C.1 Stormwater Review: Stormwater staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this project. Zoning and Land Development Review: As previously stated, the purpose of the proposed Rezone is to amend the San Marino RPUD by combining three RPUDs: the San Marino RPUD, the Willow Run RPUD, and the Lido Isles RPUD, along with the former Cracklin' Jacks restaurant property, into one PUD to be known as the San Marino RPUD. The San Marino RPUD is approved for 650 dwelling units and is partially developed with 350 residential dwelling units known as "Advenir at Aventine." The Willow Run RPUD is approved for 590 dwelling units. The Lido Isles RPUD is approved for 61 dwelling units. The Cracklin' Jacks property is requesting 14 dwelling units and the Willow Run RPUD is requesting 6 additional dwelling units for a total of 1,321 dwelling units or 1.6 dwelling units per acre. The intensity and density of the proposed combined RPUDs and additional (Cracklin' Jacks) land are similar to the previous development of 1,315 dwelling units (vs. 1,321 dwelling units) is similar to the previous intensity and density. The land uses and development standards in the proposed San Marino PUD are most similar to those in the previously approved Willow Run RPUD. Single-family detached, townhouse, single-family attached/two-family duplex, zero -lot line for single-family, multi -family, variable lot line for single-family and clubhouse/recreation buildings are proposed. The proposed front yard setbacks are 20 feet, side yard setbacks are 0-10 feet, and rear yard setbacks are 10 feet, except when located next to a waterbody or landscape buffer, the rear yard may be reduced to 0 feet. The proposed zoned building heights range from 30-35 feet, except for townhouses at 50 feet and clubhouses at 70 feet, and multi -family at 75 feet. Staff finds the proposed changes to the San Marino RPUD to be compatible with the neighborhood. REZONE FINDINGS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the following analysis: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning staff has reviewed his petition and has offered an analysis of the consistency of the proposed change with the goals, objectives, and future land use map and the elements of the GMP within the GMP Consistency portion of this staff report on page 7. PUDR-PL20210001766, SAN MARINO RPUD September 2, 2022 Page 12 of 26 Packet Pg. 1753 17.C.1 2. The existing land use pattern. As described in the "Surrounding Land Use and Zoning" portion of this report and discussed in the zoning review analysis, the neighborhood's existing land use pattern can be characterized as residential. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. At the time the subject property was rezoned to a PUD, it was deemed to be of sufficient size and did not result in an isolated district unrelated to adjacent and nearby districts. The proposed PUD Rezone does not change this finding. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn as discussed in Items 2 and 3. 5. Whether changed or changing conditions make the passage of the proposed rezone necessary. The proposed change is not necessary, but it is being requested in compliance with the LDC provisions to combine the San Marino RPUD, the Willow Run RPUD, and the Lido Isles RPUD, along with the former Cracklin Jacks restaurant property, into one PUD to be known as the San Marino RPUD. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The merging of the three RPUDs into one RPUD will not adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., the GMP is consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. Operational impacts will be addressed at the time of the first development order (SDP or Plat). Additionally, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 8. Whether the proposed change will create a drainage problem. The proposed PUD Rezone will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District environmental resource permitting requirements. PUDR-PL20210001766, SAN MARINO RPUD September 2, 2022 Page 13 of 26 Packet Pg. 1754 17.C.1 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed PUD Rezone will not reduce light and air to adjacent areas inside or outside the PUD. Furthermore, the PUD Document provides adequate property development regulations to ensure light and air should not be seriously reduced to adjacent areas. The Master Plan further demonstrates that the locations of the proposed preserve and open space areas should further ensure light and air should not be seriously reduced to adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff could find no evidence that the proposed PUD Rezone will adversely impact property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The properties to the north and west are developed. The property to the south is vacant or partially developed. The property to the east is mostly undeveloped. The basic premise underlying all of the development standards in the LDC is that their sound application, when combined with the SDP approval process and PPL process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of the adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The development complies with the GMP, which is a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed Rezone does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property could be developed within the parameters of the existing zoning designations. However, the petitioner is seeking this PUD Rezone to add property into the PUD in compliance with LDC provisions. The proposed Rezone meets the intent of the PUD district. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Based on staff s review of the proposed PUD Rezone, this petition has not been deemed as out of scale with the needs of the neighborhood or County. PUDR-PL20210001766, SAN MARINO RPUD September 2, 2022 Page 14 of 26 Packet Pg. 1755 17.C.1 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its own merit for compliance with the GMP and the LDC, and staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or PPL processes, and as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The activity proposed by this amendment will have no adverse impact on public utility facility adequacy. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Section 10.02.13.B.5 states that "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria:" 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The combination of the three RPUDs into one RPUD does not change the pattern of development in the area. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at the time of the first development order (SDP or Plat), at which time a new TIS will be required to further 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 are sought, including but not limited to any plats and or site development plans. PUDR-PL20210001766, SAN MARINO RPUD September 2, 2022 Page 15 of 26 Packet Pg. 1756 17.C.1 Water and wastewater mains are available along Collier Boulevard at the western boundary of the project and there are adequate water and wastewater treatment capacities to serve the project. Any improvements to the CCWSD's water or wastewater systems necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to the County at the time of utility acceptance. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for Rezones in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provided satisfactory evidence of unified control of the property. Additionally, the development will be required to gain SDP approval. These processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives, and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff has found this petition consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed landscaping and buffering standards are compatible with the adjacent uses. Staff has concluded that this Rezone will not change the project's compatibility, both internally and externally. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Water and wastewater mains are available along Collier Boulevard at the western boundary of the project and there are adequate water and wastewater treatment capacities to serve the project. Any improvements to the CCWSD's water or wastewater systems necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to the County at the time of utility acceptance. PUDR-PL20210001766, SAN MARINO RPUD September 2, 2022 Page 16 of 26 Packet Pg. 1757 17.C.1 The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at the time of the first development order (SDP or Plat), at which time a new TIS will be required to further 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 are sought, including but not limited to any plats and or site development plans. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Water and wastewater mains are available along Collier Boulevard at the western boundary of the project and there are adequate water and wastewater treatment capacities to serve the project. Any improvements to the CCWSD's water or wastewater systems necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to the County at the time of utility acceptance. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The current San Marino PUD has eight (8) deviations that were previously approved. The petitioner is modifying six (6) of them and is seeking seven (7) new deviations. The proposed San Marino RPUD has a total of 15 deviations. Please, refer to the Deviation Discussion portion of the staff report below for a more extensive examination of the deviations. Deviation Discussion: The petitioner is seeking 13 new or modified deviations from the requirements of the LDC. The deviations are directly extracted from PUD Section Vl. The petitioner's rationale and staff analysis/recommendation are outlined below. Deviation #1 Deviation #1 was previously approved for the subject RPUD per Ordinance 2015-30 and no revisions are proposed. Deviation #2 Deviation #2 was previously approved for the subject RPUD per Ordinance 2015-30 and no revisions are proposed. Deviation #3 Deviation #3 seeks relief from LDC Section 6.06.0l .N, Street System Requirements and Appendix B, Typical Street Sections and Right -of -Way Design Standards, which establishes a 60-foot wide PUDR-PL20210001766, SAN MARINO RPUD September 2, 2022 Page 17 of 26 Packet Pg. 1758 local road, to allow a minimum 4050-foot wide local road for internal rights -of -way (see Exhibit A)• Petitioner's Justification: The petitioner states the following in support of the deviation: This deviation was approved for the RPUD per Ordinance 2015-30 and is still applicable to the proposed project. However, the requested reduction has been modified for consistency with the current CCWSD Design Criteria. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, 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 the literal application of such regulations." Deviation #4 Deviation #4 seeks relief from LDC Section 5.03.02.C, Fences, and Walls, Excluding Sound Walls which permits a maximum wall height of 6 feet in residential zoning districts. The requested deviation is to allow a maximum wall height of 8 feet throughout the development, and a 12-foot tall wall, berm, or combination wall/berm along Collier Blvd. frontage, the western boundary of Parcel B, and the northern boundary of Parcel B where residential tracts abut Forest Glen of Naples PUD. Petitioner's Justification: The petitioner states the following in support of the deviation: This deviation is approved for the RPUD per Ordinance 2015-30, however, it is requested to increase the deviation where residential tracts abut Forest Glen from an 8-foot tall wall to a 12- foot tall wall and/or berm to allow for additional visual screening where an established residential neighborhood abuts the property. Approval of this deviation will serve to promote public health, safety, and welfare, as well as enhance the aesthetic appeal of the proposed community. Staff Analysis and Recommendation: The request to also apply the deviation to the property boundary between San Marino residential tracts abutting Forest Glen is acceptable as the request came from Forest Glen. The additional wall/berm will have no impact of the public, as it is internal to the project and between private properties. Zoning and Land Development Review staff recommend APPROVAL, 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 the literal application of such regulations." Deviation #5 Deviation #5 from LDC Section 5.04.04.B.5, Model Homes and Model Sales Centers, which permits a maximum of five (5) model homes, or a number corresponding to ten (10) percent of the total number of platted lots, whichever is less, per platted approved development prior to final plat PUDR-PL20210001766, SAN MARINO RPUD September 2, 2022 Page 18 of 26 Packet Pg. 1759 approval. The requested deviation is to allow for a maximum of 30 )-model homes at and one time within the overall RPUD. apphea4ion ma4er-ial for- evefy building pefmit for- a fnedel home, the developer- shall provide homes is not exeee oa With each building permit for a model home, the applicant shall provide documentation as to the current number of model homes in existence. Petitioner's Justification: The petitioner states the following in support of the deviation: The deviation for model homes was approved for the San Marino RPUD per Ordinance 2015-30 allowing 17 model homes. A similar deviation was approved in the Willow Run RPUD (Deviation #6) per Ordinance 2014-35 to allow up to 20 model homes. The combined PUD is requesting a reduction from the previously approved model homes quantity from 37 to 30 units. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, 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 the literal application of such regulations." Deviation #6 Deviation #6 seeks relief from LDC Section 5.04.06.A.3.e, Temporary Si nos which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height, 17. to allow a temporary sign or banner up to a maximum of 32 square feet in area and a maximum of 8 feet in height. The temporary sign or banner shall be limited to 28 days per calendar year. Petitioner's Justification: The petitioner states the following in support of the deviation: This deviation is approved for the subject RPUD per Ordinance 2015-30. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, 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 the literal application of such regulations." Deviation #7 Deviation #7 seeks relief from LDC Section 5.06.02.B.6, Development Standards for Si ins. which permits two (2) ground signs per entrance to the development with a maximum height of 8' and a total sign area of 64 s.f. The requested deviation is to allow for two (2) ground signs per project entrance with a maximum height of 10' and a total sign area of 80 s.f. per sign. Petitioner's Justification: The petitioner states the following in support of the deviation: PUDR-PL20210001766, SAN MARINO RPUD September 2, 2022 Page 19 of 26 Packet Pg. 1760 17.C.1 This deviation is approved for the RPUD per Ordinance 2015-30. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, 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 the literal application of such regulations." Deviation #8 Deviation #8 seeks relief from LDC Section 4.06.02.C-, Buffer Requirements, which requires a fifteen -foot (15') Type "B" landscape buffer where single-family residential uses are proposed adjacent to multi -family residential uses, to allow " buff-ef- where proposed single family dwellings in the San Mafino RPUD are adjaeent to miti family dwellings in the Willow Run RPUD along the seuthefn and easteEn pr-opeAy lines, and where pf-eposed single family dwellings afe adjaeent to multi family dwellings in Aventine at Naples to the south. no landscape buffer along the western residential tract adjacent to the Parcel -A preserves and FP&L easement. Petitioner's Justification: The petitioner states the following in support of the deviation: This deviation is limited to internal buffers between Parcel A and Parcel B and allows for no buffer where existing vegetation exists within Parcel A preserves. The FP&L easement is located adjacent to the preserve area associated with the Advenir at Aventine apartments. The width of the preserve area ranges from approximately 380 feet to approximately 650 feet wide, with only a small portion on the northern end of the preserve reduced to less than 100 feet wide. The preserve area contains robust vegetation and provides a sufficient visual buffer between the single-family and multi family uses. As a result, the requested deviation will not negatively impact public health, safety, or welfare. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, 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 the literal application of such regulations." Deviation #9 Deviation #9 seeks relief from LDC Section 4.06.02., Buffer Requirements, which require landscape buffers to separate developments, to allow for no buffer along the southern property boundary in either or both of the following circumstances: 11 West of the FPL easement if the Hacienda Lakes PUD is rezoned or amended to allow for a unified development plan of a portion of the Hacienda North PUD property immediately to the south of Parcel C prior to the approval of an SDP or PPL: 2) East of the FPL easement if the Hacienda Lakes PUD is rezoned to allow for no adjacent buffer or records an agreement demonstrating a shared desire for no buffer between developments, as depicted on the PUD Master Plan, attached hereto. PUDR-PL20210001766, SAN MARINO RPUD September 2, 2022 Page 20 of 26 Packet Pg. 1761 17.C.1 Petitioner's Justification: The petitioner states the following in support of the deviation: The Applicant is requesting no required buffer along the southern property line to accommodate two different development scenarios. WEST OF THE FPL EASEMENT, this scenario allows for the unified development of both properties. This will require the Hacienda Lakes PUD to be amended to allow for a unified development plan for both properties. Future SDP or PPL submittals will be required to demonstrate this unified development. If the Hacienda Lakes PUD is not amended and developed as a unified development, buffers will be provided as required by this MPUD and the LDC, as applicable. EAST OF THE FPL EASEMENT, this scenario allows for the coordinated development of two separate PUDs. While it is not intended to develop these properties under a single, unified development plan, the development of the properties will be coordinated to allow for the existing lakefront in the adjacent development to be expanded to the Hacienda Lakes MPUD's northern boundary. As a result, the request facilitates the creation of lake views for properties within the Hacienda Lakes MPUD. Although a unified development plan is not proposed in this area, the coordination of these two developments is evidenced by a similar deviation request in the Hacienda Lakes — North Area PUDA (PL20210001791). Since a unified development plan is not proposed in this area, an agreement will be required prior to the approval of an SDP or PPL. The proposed agreement will demonstrate the shared desire to include no buffer between the two developments. LDC Section 4.06.02.A describes the purpose of required buffers as separating residential developments from several other uses. The deviation supports this goal in the area west of the FPL easement since it facilitates the development of a unified development plan, within which, internal buffers would not be desired. Buffers will be provided in accordance with the LDC wherever this unified development plan abuts other uses. East of the FPL easement, the deviation allows for the creation of unobstructed lake views for properties within the San Marino and Hacienda Lakes PUDs. The lake ensures a separation of approximately 900 feet or more between the residential areas in each PUD. This lake view, and the significant distance between dwellings, is an enhancement over the LDC buffer requirements. The unobstructed lake views will serve the same purposes of improving the aesthetic appearance of developments in ways that harmonize the natural and built environment, reduces noise and glare, and enhance community identity, while also maximizing the physical and psychological benefits provided by the lakefront. Since both PUDs propose high -quality residential development, there are no visual aspects of the developments which must be shielded from view. In addition to maintaining the intent of the Landscape Code, this deviation maximizes the use and benefit of nearby open space amenities by not shielding properties along the northern boundary from the adjacent lakefront. For these reasons, the requested deviation will not have a detrimental effect on public health, safety, or welfare. PUDR-PL20210001766, SAN MARINO RPUD September 2, 2022 Page 21 of 26 Packet Pg. 1762 17.C.1 Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, 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 the literal application of such regulations." Deviation #10 Deviation #10 from LDC Section 5.06.02.B.2, Development Standards for Signs within Residential Districts, which permits one (1) real estate sign per street frontage that is setback a minimum of 10' from any property line, to allow for a maximum of one (1) real estate sin Der street frontage setback a minimum of 5' from the property line abutting the canal along Collier Blvd. only. Petitioner's Justification: The petitioner states the following in support of the deviation: This deviation is approved for the Willow Run RPUD per Ordinance 2014-35 as Deviation #8 Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, 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 the literal application of such regulations." Deviation #11 Deviation #11 from LDC Section 5.06.02.B.5.a, On -premises Directional Signs within Residential Districts, which requires on -premises directional signs to be setback a minimum of 10' from the edge of the roadway, paved surface or back of curb, to allow for on -premises direction signage to be setback a minimum of 5' from the edge of the roadway_ ,paved surface or back of curb. This deviation does not apply to signage adjacent to Collier Blvd. Petitioner's Justification: The petitioner states the following in support of the deviation: This deviation is approved for the Willow Run RPUD per Ordinance 2014-35 as Deviation #9 Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, 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 the literal application of such regulations." Deviation #12 Deviation #12 from LDC Section 6.06.01.J, Street System Requirements, which limits cul-de-sacs to a maximum length of 1,000 feet, to permit cul-de-sacs to exceed 3.500 feet in length with the placement of no through traffic signage and creation of one emergency vehicle turnaround approximately 1,500 feet from the beginning of the cul-de-sac. PUDR-PL20210001766, SAN MARINO RPUD September 2, 2022 Page 22 of 26 Packet Pg. 1763 17.C.1 Petitioner's Justification: The petitioner states the following in support of the deviation: This deviation is approved for the Willow Run RPUD per Ordinance 2014-35 as Deviation #3. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, 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 the literal application of such regulations." Deviation #13 Deviation #13 from LDC Section 6.06.01.J, which requires cul-de-sacs at the end of a dead-end street, to allow for a hammerhead at the end of the terminus street. Petitioner's Justification: The petitioner states the following in support of the deviation: The Applicant is requesting a hammerhead stub at the end of the private street as shown on the PUD Master Plan. The purpose of the hammerhead stub is to efficiently utilize the properties' developable area while providing a design that is in compliance with state and local fire safety standards. Therefore, the requested deviation will not negatively impact public health, safety, or welfare and will provide for design flexibility within this infill development parcel. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, 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 10.02.13.13.51, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations." Deviation #14 Deviation #14 from LDC Section 3.05.07 A.5, which requires preservation areas to be interconnected within the site and to adjoining off -site preservation areas or wildlife corridors: to allow the preserve areas between parcels to not be interconnected and located consistent with the Master Site Plan. Petitioner's Justification: The petitioner states the following in support of the deviation: The preserve areas on the Master Site Plan have been previously approved in the San Marino PUD and Willow Run PUD. The San Marino PUD included parcel A which has been developed as the Advenir Apartments with the preserve areas consistent with these approvals. The San Marino PUD amendment proposed in this rezoning does not seek to alter any development parameters concerning parcel A. Similarly, the preserve area in Parcel B on the proposed Master Site Plan is consistent with the preserve area approved in the Willow Run PUD. This preserve area significantly interconnects with the natural areas to the east. Staff Analysis and Recommendation: Environmental staff recommend APPROVAL of the PUDR-PL20210001766, SAN MARINO RPUD September 2, 2022 Page 23 of 26 Packet Pg. 1764 17.C.1 deviation request. The applicant has requested to combine previously approved rezoning projects San Marino, Willow Run, Lido Isles and add the Cracklin Jack's parcel. The preservation areas for both previously approved San Marino and Willow Run PUDs provide the majority of the preservation (Parcel B). The combined preservation areas for San Marino and Willow Run are located along the eastern property boundary and are interconnected, which creates an opportunity for wildlife movement into vacant lands to the east. The preservation areas for Lido Isles and Cracklin Jack's parcels (Parcels A and C) are located along the west property boundary. These preservation areas are separated from the larger established preservation areas (Parcel B) by developed areas and an active mine which prevents the required interconnectivity for the preserved areas required by LDC Section 3.05.07.A.5.; therefore, staff supports the deviation request to allow the preservation areas to not be contiguous. Furthermore, 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 the literal application of such regulations." Deviation #15 Deviation #15 from LDC Section 4.05.04.G, Parking Space Requirements, where small-scale recreation facilities are accessory to a single-family or multifamily project and intended only for the residents of that project the recreation facilities may be computed at 50 percent of normal requirements of 1 space per 200 feet, to allow the parking requirements for all structures/uses in the amenity center area, such as the office/lobby/health club/clubhouse/lounge/snack bar/dining1meeL- ing rooms/pool/outdoor recreational facilities/and sports courts to also be computed at 50 percent of the normal parking requirements. Petitioner's Justification: The petitioner states the following in support of the deviation: The LDC allows for recreational uses such as swimming pools, tennis, pickleball and basketball courts, and the like, which are located in the amenity area, to be calculated at 50% of the parking requirement. In addition to that standard reduction in parking requirements, the applicant is requesting the office/lobby/health club/clubhouse/lounge/snack bar/dining/meeting rooms/pool/outdoor recreational facilities/ and sports courts that are part of the amenity area also be calculated at 50% of the parking requirements. The parking reduction is justified for these reasons: - The proposed amenity site is intended only for the residents of the development and is oriented central to the entrance of the overall San Marino RPUD. - The development does not include the parking intensive use of a golf course, thereby reducing parking demand typically associated with clubhouses and restaurants internal to the clubhouse. PUDR-PL20210001766, SAN MARINO RPUD September 2, 2022 Page 24 of 26 Packet Pg. 1765 17.C.1 The clustered nature of the development and the design of the community will limit reliance on vehicles to travel to the amenity site traffic through a well formed internal sidewalk and trails system designed for safety and to encourage pedestrian and bicycle access, and anticipated golf cart use. The eastern "half" of the development is dedicated to preserve and lake areas resulting in clustered development footprint that fits common definitions of a walkable community for most dwelling units. Commonly accepted planning, transportation, and public advocacy groups' definitions of walkable communities include distances from a '/ mile up to a % mile radius, or a 10-minute walk. For most residents, the amenity center uses are walkable within a % mile radius reducing the need for automobile parking at the amenity center. See the radius exhibit and the discussion on a walkable community in Attachment F-Application. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, 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 the literal application of such regulations." NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on June 6, 2022, at Fairway Bible Church, located at 3855 The Lords Way, Naples, Florida. Two residents attended the meeting virtually via ZOOM along with the physical presence of the Agent's team. For further information, see Attachment E NIM Synopsis. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed the Staff Report for this petition on August 24, 2020. RECOMMENDATION: Planning and Zoning Review staff recommends that the CCPC forward Petition PUDR- PL20210001766, San Marino RPUD to the BCC with a recommendation of approval. Attachments: Attachment A -Proposed PUD Ordinance Attachment B-Ordinance 2015-30 Attachment C-Ordinance 2014-35 Attachment D-Ordinance 2015-35 Attachment E NIM Synopsis Attachment F-Application. PUDR-PL20210001766, SAN MARINO RPUD September 2, 2022 Page 25 of 26 Packet Pg. 1766 17.C.1 PUDR-PL20210001766, SAN MARINO RPUD September 2, 2022 r Q Page 26 of 26 Packet Pg. 1767 17.C.2 ORDINANCE NO.2022- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2000-10, AS AMENDED BY ORDINANCE NO. 2015-30, THE SAN MARINO RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), TO CONSOLIDATE THE SAN MARINO, WILLOW RUN, AND LIDO ISLES RPUDS AND THE ADJACENT RURAL AGRICULTURAL DISTRICT (A) LAND KNOWN AS CRACKLIN' JACKS INTO ONE RESIDENTIAL PLANNED UNIT DEVELOPMENT CONSISTING OF 1,321 RESIDENTIAL DWELLING UNITS ON 823.6f ACRES; BY REVISING THE STATEMENT OF COMPLIANCE; BY REVISING PROPERTY OWNERSHIP AND DESCRIPTION; BY REVISING DEVELOPMENT STANDARDS, IN PARTICULAR BY ESTABLISHING DEVELOPMENT PARCEL C AND ADDING AND REVISING PERMITTED USES AND DEVELOPMENT STANDARDS FOR PARCELS B AND C; BY REVISING DEVELOPMENT COMMITMENTS; BY REVISING DEVIATIONS; BY REVISING THE MASTER PLAN; BY REVISING THE LEGAL DESCRIPTION, FOR PROPERTY LOCATED NEAR 9300 MARINO CIRCLE, ON THE EAST SIDE OF COLLIER BOULEVARD (C.R. 951) APPROXIMATELY 2 MILES NORTH OF THE INTERSECTION OF COLLIER BOULEVARD AND RATTLESNAKE HAMMOCK ROAD IN SECTIONS 11, 12, 13, AND 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; BY REPEALING ORDINANCE NO. 2014-35, WILLOW RUN RPUD, AND ORDINANCE NO. 2015-35, LIDO ISLES RPUD; AND BY PROVIDING AN EFFECTIVE DATE. [PL20210001766] WHEREAS, on February 22, 2000, the Board of County Commissioners approved Ordinance No. 2000-10, which created the San Marino Planned Unit Development (PUD); and WHEREAS, on May 12, 2015, the Board of County Commissioners approved Ordinance No. 2015-30, which amended and renamed Ordinance No. 2000-10, the San Marino Residential Planned Unit Development (RPUD); and WHEREAS, Fred Drovdlic, AICP and Alexis V. Crespo, AICP, LEED AP of RVi Planning + Landscape Architecture, Inc., and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., representing SD San Marino, LLC and Hartley Land, LLC, petitioned the Board of County Commissioners to amend the RPi 1D. [21-CPS-02178/1739736/1] 8/22/2022 San Marino RPUD PUDA-PL20210001766 Page 1 of 2 Packet Pg. 1768 17.C.2 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendments to the San Marino RPUD Document, Exhibit A of Ordinance No. 2000-10, as amended by Ordinance No. 2015-30. The San Marino RPUD Document, Exhibit A of Ordinance No. 2000-10, as amended by Ordinance No. 2015-30, is hereby amended and replaced with Exhibit A attached hereto and incorporated herein by reference. SECTION TWO: Repeal of Ordinance No. 2014-35, Willow Run RPUD, and Ordinance No. 2015-35, Lido Isles RPUD. Ordinance No. 2014-35, Willow Run RPUD, and Ordinance No. 2015-35, Lido Isles RPUD, are hereby repealed in their entirety. SECTION THREE: Effective Date. This Ordinance shall become effective upon filing with the Florida 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: 2022. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA William L. McDaniel, Jr., Chairman Derek D. Perry 'J�\ Assistant County Attorney Attachment: Exhibit A — San Marino RPUD Document [21-CPS-02178/1739736/1] 8/22/2022 Page 2 of 2 San Marino RPUD PUDA-PL20210001766 Packet Pg. 1769 17.C.2 SAN MARI N O RESIDENTIAL PLANNED UNIT DEVELOPMENT PREPARED FOR: H & LD VENTURE, I I (` 11145 TAMIAMI TRAIL CAST SD SAN MARINO, LLC 2639 PROFESSIONAL CIR #101 NAPLES, FL 34113 34119 Ia047_10401 ya WAI r ROP ENGINEERING, D A RVi PLANNING + LANDSCAPE ARCHITECTURE 28100 BONITA GRANDE DR., SUITE 305 BONITA SPRINGS, FL 34135 RICHARD D. YOVANOVICH COLEMAN, YOVANOVICH & KOESTER, P.A 4001 TAMIAMI TRAIL NORTH, SUITE 300 NAPLES, FL 34103 of inn of 2014 0100 PL20210001766 Strike thr. ugI text is deleted San Marino RPUD Underline text is added Last Revised: April August 18, 2022 Page 1 of 42 IN1Q Packet Pg. 1770 17.C.2 TABLE OF CONTENTS PAGE TABLE OF CONTENTS 2 LIST OF EXHIBITS 3 STATEMENT OF COMPLIANCE 4 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 6 SECTION 11 PROJECT DEVELOPMENT REQUIREMENTS 11 SECTION III RESIDENTIAL/GOLF COURSE AREAS PLAN 14 SECTION IV PRESERVE AREAS PLAN 23 SECTION V DEVELOPMENT COMMITMENTS 25 SECTION VI DEVIATIONS FROM THE LDC 32 of inn of 2014 0100 PL20210001766 Strike thr. ugI text is deleted San Marino RPUD Underline text is added Last Revised: ^n�,2015 August 18, 2022 Page 2 of 42 IN1Q Packet Pg. 1771 17.C.2 LIST OF EXHIBITS :1=T_! WME09?9!,11�1�7►11eT.`��:7»e\�I EXHIBIT CB LEGAL DESCRIPTION of inn of 2014 0100 PL20210001766 Strike thr. ugI text is deleted San Marino RPUD Underline text is added Last Revised: ^n�,2015 August 18, 2022 Page 3 of 42 IN1Q Packet Pg. 1772 17.C.2 STATEMENT OF COMPLIANCE The development of approximately 235.3823.6+/- acres of property in Collier County, as a Residential Planned Unit Development to be known as the San Marino RPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential uses and-golf Goy Arco faGilitioc of the San Marino RPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within the Urban Designation, Mixed Use District, Urban Residential Fringe Subdistrict Land Use Designation as identified on the Future Land Use Map. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 5. The project development will result in an efficient and economical allocation of community facilities and services as required in Objective 2 of the Future Land Use Element. 6. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub -Element of the Public Facilities Element. 7. The 6-50 1.321 residential units on 235.3 823.6 acres will yield a projected density of 1.6 dwelling units per acre, which is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria. This listing inventories the unit counts associated with the Darcels and existing PUDs being incorporated into the San Marino RPUD via PL20210001766: Property Acres Base Density TDR Density Total Density San Marino 235.3 352 298 650 Willow Run 558.5 596 0 596 Lido Isles 24.3 37 24 61 Cracklin' Jacks 5.5 8 6 14 TOTALS 823.E � �2$ 1 of inn of 2014 0100 PL20210001766 Strike thr„ugI text is deleted San Marino RPUD Underline text is added Last Revised: April August 18, 2022 Page 4 of 42 IN1Q Packet Pg. 1773 17.C.2 ._-WA- MAI AN 11 1 1 1,■' ■- HIM Niii 8. All final local development orders for this project are subject to Section 6.02.00, Adequate Public Facilities, of the Collier County Land Development Code. P DAP _2014 0100 PL20210001766 Strike througI4 text is deleted San Marino RPUD Underline text is added Last Revised: °^�,2015 August 18, 2022 Page 5 of 42 Q Packet Pg. 1774 17.C.2 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of San Marino RPUD. 1.2 LEGAL DESCRIPTION The subject property being 235.3823.6+/- acres, and located in SeGtieR 11, Township 50 SeA+h and Range 26 East Sections 11, 12, 13. and 14. Township 50 South, Range 26 East, Collier County. Florida, and is fully described on Exhibit "C". 1.3 PROPERTY OWNERSHIP The subject property is owned by: ■ a i■i:a.T.�`r. ■ O*Vr.T.T.1 -Win. ... .-•... ■ -Irnmi■. ... ...._ ■ of inn of 2014 0100 PL20210001766 Strike thr. ugI text is deleted San Marino RPUD Underline text is added Last Revised: ^n�,2015 August 18, 2022 Page 6 of 42 IN1Q Packet Pg. 1775 17.C.2 MEMO. 10 WE . r ■ : I aI ■ I \ BN I \ I . r ■ .is ■ I ► I San Marino RPUD Parcels Ownership Parcel ID: 00410840009 SD SAN MARINO LLC Street# & Name: 9480 COLLIER BLVD MGR: STOCK, BRIAN K 2639 PROFESSIONAL CIR #101 Build# / Unit#: 006 / Parcel ID: 00410640005 NAPLES, FL 34119 Street# & Name: Build# / Unit#: 001 / Parcel ID: 00410880001 Street# & Name: Build# / Unit#: 007 / Parcel ID: 00410960002 Street# & Name: Build# / Unit#: 009 / Parcel ID: 00411200004 Street# & Name: Build# / Unit#: 015 / Parcel ID: 00411240006 Street# & Name: Build# / Unit#: 016 / Parcel ID: 00411320007 Street# & Name: Build# / Unit#: 018 / of inn of 2014 0100 PL20210001766 Strike thr. ugI text is deleted San Marino RPUD Underline text is added Last Revised: ^n�,2015 August 18, 2022 Page 7 of 42 ISIO Packet Pg. 1776 17.C.2 Parcel ID: 00411440000 Street# & Name: Build# / Unit#: 022 / Parcel ID: 00411640004 Street# & Name: Build# / Unit#: 027 / Parcel ID: 00410760008 ADVENIRaAVENTINE LLC Street# & Name: 9300 MARINO CIR 17501 BISCAYNE BLVD STE 300 AVENTURA, FL 33160 Build# / Unit#: 004 / Former Willow Run RPUD Parcels Ownership Parcel ID: 00411800006 SD SAN MARINO LLC Street# & Name: 9220 COLLIER BLVD MGR: STOCK, BRIAN K 2639 PROFESSIONAL CIR #101 Build# / Unit#: 032 / NAPLES, FL 34119 Parcel ID: 00412240005 Street# & Name: Build# / Unit#: 008 / Parcel ID: 00414320004 Street# & Name: Build# / Unit#: 011 / Parcel ID: 00417120007 Street# & Name: Build# / Unit#: 012 / 1 Parcel ID: 00411120003 Street# & Name: Build# / Unit#: 013 / Parcel ID: 00411160005 Street# & Name: Build# / Unit#: 014 / Parcel ID: 00412520000 Street# & Name: Build# / Unit#: 015 / Parcel ID: 00411360009 Street# & Name: Build# / Unit#: 020 / Parcel ID: 00411400008 Street# & Name: Build# / Unit#: 021 / Parcel ID: 00417680000 Street# & Name: Build# / Unit#: 029 / Parcel ID: 00417040006 Street# & Name: Build# / Unit#: 011 / Parcel ID: 00410920000 Street# & Name: Build# / Unit#: of inn of 2014 0100 PL20210001766 Strike througl4 text is deleted San Marino RPUD Underline text is added Last Revised: ^n�,29T6 August 18. 2022 Page 8 of 42 INIO Packet Pg. 1777 17.C.2 1.4 1.5 Former Lido Isles RPUD Parcels Owner shi Parcel ID: 00411520001 Street# & Name: 9198 COLLIER BLVD HARTLEY LAND, LLC 7742 ALICO RD FORT MYERS, FL 33912 Build# / Unit#: 024 / Parcel I D: 00411000000 Street# & Name: Build# / Unit#: 010 / Parcel ID: 00411720005 Street# & Name: Build# / Unit#: 030 / Former Cracklin' Jacks Parcel Ownershi Parcel ID: 00411040002 Street# & Name: 9080 COLLIER BLVD HARTLEY LAND, LLC 7742 ALICO RD FORT MYERS, FL 33912 Build# / Unit#: 011 / GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the east side of County Road 951 approximately one and one-half (1.5) miles south of the intersection of Davis Boulevard (State Road 84) and County Road 951, unincorporated Collier County, Florida. B. The entire project site currently has Residential Planned Unit Development (RPUD) Zoning San Marino RPUD per Ordinance No. 2015-30, Willow Run RPUD per Ordinance No. 2014-35, Lido Isles RPUD per Ordinance No. 15-35) and Agriculture zoning per Parcel ID: 00411040002. The former PUDs will be repealed by this PUDA. Except for the San Marino RPUD. the existina PUDs will be repealed with this PUDA. Ordinance No. 2022- PHYSICAL DESCRIPTION Generally, the undeveloped site vegetation consists of pine and pine/cypress forest with varying degrees of exotic coverage. State jurisdictional wetlands are located within the site boundaries. Listed plant species including butterfly orchid (Encyclia tampensis) and hand fern (Ophioglossum palmatum) were observed on the property. The project site is located within the County Road 951/Henderson Creek Canal Drainage Basin. Stormwater runoff from the site historically sheet flows south and west to the existing County Road 951/Henderson Creek Canal, which runs parallel to County Road 951 on the east side of the road. Once storm water enters the canal, it is routed to the south ultimately discharging into Rookery Bay. Elevations within the project range from lows of 9.0 National Geodetic Vertical Datum (NGVD) within man-made drainage ditches to 12.5 NGVD in the spoil pile created by the construction of the County Road 951/Henderson Creek Canal. of inn of 2014 0100 PL20210001766 Strike thre gI text is deleted San Marino RPUD Underline text is added Last Revised: ^n�,2015 August 18, 2022 Page 9 of 42 IN1Q Packet Pg. 1778 17.C.2 Natural grades range from 9.0 Ft NGVD to 11.5 Ft NGVD. The entire site is located within Flood Zone V with no base flood elevation designated. According to the Collier County Soil Legend, dated January, 1990, there are four (4) types of soils found within the limits of the property: Chobee, limestone substratum and Dania Mucks depressional Hallandale fine sand Pinede fine sand, limestone substratum Boca fine sand 1.6 PROJECT DESCRIPTION The San Marino RPUD is comprised of +'"� three 3 separate development parcels delineated on the PUD Master Plan as Parcels "A". aPA-"B" and "C". Parcel "A" is approximately 3-9 38.9 acres and is built -out with 350 multi -family dwelling units, accessory recreational facilities, supportive infrastructure, and preserve. Parcels "B" and "C" combined is approximately 496.4784.7 acres and will develop as a residential community with a maximum of -_'�GG971 dwelling units. 1.7 SHORT TITLE This ordinance shall be known and cited as the "San Marino Residential Planned Unit Development Ordinance". P DAP _2014_0100 PL20210001766 Strike througI4 text is deleted San Marino RPUD Underline text is added Last Revised: °^�,2015 August 18, 2022 Page 10 of 42 Q Packet Pg. 1779 17.C.2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the San Marino RPUD shall be in accordance with the contents of this document, RPUD Residential Planned Unit Development and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, the provisions of the most similar district in the Land Development Code Shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the San Marino RPUD shall become part of the regulations, which govern the manner in which the RPUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this RPUD remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 6.02.01, Adequate Public Facilities of the Collier County Land Development Code. This review will occur at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat and Construction Plan approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF THE PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 0-501. 221 dwelling units s#af4 may be constructed in the residential areas of the nr^,o, t area designated on the PUD Master Plan. The ^r^�� ^rejeGt area is 235.3 P DAP _2014_0100 PL20210001766 Strike th,-. ugI text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 11 of 42 Q Packet Pg. 1780 17.C.2 nits her aGFe via TDRE; is appliG-able to PaFGel B enly. The residential portion of Parcel A is assigned 350 base dwelling units and the combined residential portion of Parcels B and C are assigned 643 base dwelling units. Parcels B and C shall also be entitled to an additional aggregate 328 dwelling units through the acquisition of TDRs. Subject to the right to exhaust base density first as provided in Section 5.6., density calculation and TDR Credit Tracking Sheet shall be submitted with each Site Development Plan (SDP) and/or plat for the redemption of TDR Credits needed for the project. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. The general configuration of the land uses is illustrated graphically on Exhibit "A", PUD Master Plan and Exhibit-B. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Section 10.02.04 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. B. The provisions of Section 10.02.03, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said 10.02.03 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of the proposed infrastructure improvements. These instruments will provide for appropriate infrastructure dedications and the methodology for providing perpetual maintenance of common facilities. 2.6 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 5.04.04 of the Collier County Land Development Code, except where a deviation is permitted in Section VI of this PUD Document. B. Temporary sales trailers and construction trailers can be placed on the RPUD site after Subdivision Plan or Site Development Plan approval and prior to the recording of an applicable Subdivision Plats, subject to the other requirements of Section 5.04.03 of the Land Development Code. 2.7 OFF-STREET PARKING AND LOADING REQUIREMENTS As required by Section 4.05.04 of the Land Development Code in effect at the time of building permit application. of inn of 2014 0100 PL20210001766 Strike thr. ugI text is deleted San Marino RPUD Underline text is added Last Revised: ^n�,2015 August 18, 2022 Page 12 of 42 IN1Q Packet Pg. 1781 17.C.2 2.8 OPEN SPACE REQUIREMENTS A minimum of sixty percent (60%) open space, as described in Section 4.07.02 of the Land Development Code. 2.9 LANDSCAPING AND BUFFERING REQUIREMENTS Where preserves are used to satisfy buffer requirements, they may be supplemented with native vegetation where existing native vegetation in the preserve does not provide adequate buffers. If landscape buffers are determined to be necessary adjacent to conservation areas, they shall be separate from conservation areas. pm- - - RAN NORM - - 2.104 SIGN STANDARDS Signs shall be permitted as allowed within Section 5.06.02 of the Collier County Land Development Code except where a deviation is permitted in Section VI of this PUD Document. of inn of 2014 0100 PL20210001766 Strike thr. ugI text is deleted San Marino RPUD Underline text is added Last Revised: ^n�,2015 August 18, 2022 Page 13 of 42 IN1Q Packet Pg. 1782 17.C.2 SECTION III RESIDENTIALIGOLF COURSE AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", PUD Master Plan an�Exheb't "B", Tnol B PUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 6501.321 units. A maximum of 350 dwelling units are permitted within Parcel "A", and a maximum of -389971 dwelling units are permitted within the combined Parcels "B" and "C". 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. PARCEL A - Permitted Principal Uses and Structures: 1. Multi -family dwellings. 2. Golf courses. 3. Community centers/clubhouses. 4. Any other principal uses deemed comparable in nature by the Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the Land Development Code (LDC). B. PARCEL A - Permitted Accessory Uses and Structures: 1. Customary accessory residential uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, children's playground areas, tot lots, walking paths, picnic areas, recreation buildings, health club/spa, and basketball/shuffle board courts. 3. Managers' residences and offices, rental facilities, and model units. 4. Water management facilities and related structures. 5. Essential services, including interim and permanent utility and maintenance facilities. P DAP _2014_0100 PL20210001766 Strike througl4 text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 14 of 42 Q Packet Pg. 1783 17.C.2 6. Gatehouse. 7. Clubhouse, pro -shop, offices, cart storage facility, practice putting greens, driving ranges and other customary accessory uses of golf courses. 8. Child-care facilities for on -site residents and their children. 9. Small commercial establishments including gift shops, golf equipment sales, restaurants, cocktail lounges and similar uses, intended to exclusively serve patrons of the golf course or other permitted recreational facilities. 10. Any other accessory use deemed compatible by the Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the Land Development Code (LDC). C. PARCELS B AND C - Permitted Residential Principal Uses and Structures: 1. Single family detached dwelling units. 2. Single family variable and zero lot line units. 3. Two-family attached, duplex dwelling units. 4. Townhouses 5. Multi -Family 6. Model homes, model home sales centers, and sales trailers, including offices for project administration, construction, sales and marketing. as well as resale and rental of units. 7. Community centers/clubhouses and recreational uses and facilities includina swimming pools, tennis courts, pickleball courts, bocce ball courts, volleyball courts, children's playground areas, tot lots, walking paths, picnic areas, recreation buildings, health club/spa, and basketball/shuffle board courts. otherwise known as amenities. The amenities located on Parcel B are for Parcel B residents use only and likewise amenities on Parcel C are for Parcel C residents only. In addition, recreational lake uses (which may include non - motorized boats, canoes, kayaks and _paddle boarding, as well as community docking facilities) which are to serve the residents and guests of Parcel B exclusivelv. of inn of 2014 0100 PL20210001766 Strike througI4 text is deleted San Marino RPUD Underline text is added Last Revised: ^n�,29T5 August 18. 2022 Page 15 of 42 ISIQ Packet Pg. 1784 17.C.2 8. Commercial excavation that will cease at the time of issuance of the 200th certificate of occupancy of a dwelling unit in Parcel B, not including model homes, and subject to any applicable commercial excavation permits issued from time to time. 9. 4. Any other principal and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the Land Development Code (LDC). D. PARCELS B AND C - Permitted Residential Accessory Uses and Structures 1. Customary accessory uses and structures including garages. 2. Swimming pools, spas, screen enclosures, sheds/structures similar in nature 3. Passive recreational areas, open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. .M�LAn:n■. .n■ s� _ .rs�r_�rzmr_rr�rr�er: esters . � ....N. 4. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, children's playground areas, tot lots, walking paths, picnic areas, recreation buildings, health club/spa, and basketball/shuffle board courts. 5. Clubhouse and associated offices and other customary accessory uses. 6. Walls, berms and signs. 8. Water management facilities and related structures. 9. Essential services, including interim and permanent utility and maintenance facilities. 10.E Any other accessory use and related use that is determined to be comparable to the foregoing and consistent with the permitted accessory uses of this PUD by the Board of Zoning Appeals, pursuant to the process outlined in the Land Development Code (LDC). r.T.TM eMMIM of inn of 2014 0100 PL20210001766 Strike thr. ugI text is deleted San Marino RPUD Underline text is added Last Revised: ^n�,2015 August 18, 2022 Page 16 of 42 ISIQ Packet Pg. 1785 17.C.2 - - - - -- .ka .- 3.4 DEVELOPMENT STANDARDS A. Parcel A - Minimum Yards: Front yard setbacks shall be measured from the adjacent right-of-way line if the parcel is served by a public or private right-of-way, from the edge of the pavement if the parcel is served by a non -platted drive, or from the road easement or property line if the parcel is served by a platted private drive. of inn of 2014 0100 PL20210001766 Strike thr. ugI text is deleted San Marino RPUD Underline text is added Last Revised: ^n�,2015 August 18, 2022 Page 17 of 42 ISIO Packet Pg. 1786 3.4 DEVELOPMENT STANDARDS A. Parcel A - Minimum Yards: Front yard setbacks shall be measured from the adjacent right-of-way line if the parcel is served by a public or private right-of-way, from the edge of the pavement if the parcel is served by a non -platted drive, or from the road easement or property line if the parcel is served by a platted private drive. of inn of 2014 0100 PL20210001766 Strike thr. ugI text is deleted San Marino RPUD Underline text is added Last Revised: ^n�,2015 August 18, 2022 Page 17 of 42 ISIO Packet Pg. 1786 17.C.2 1. Principal Structures: (a) Yards along County Road 951 Canal Right -of -Way — Seventy-five (75) feet for one (1) and two (2) story structures and one hundred fifty (150) feet for three (3) story structures: (b) Yards from all other perimeter PUD boundaries — One half (1/2) the height of the structure but not less than twenty-five (25) feet. (c) Yards from back of curb or edge of vehicular pavement — Fifteen (15) feet. (d) Yards from the Preserve Area — Twenty-five (25) feet. (e) Yards from the lake — Twenty (20) feet (measured from the control elevation for the lake). 2. Accessory Structures: (a) Carports and garages are permitted within parking areas. (b) Yards from the perimeter PUD boundaries — One half (1/2) the height of the structure but not less than fifteen (15) feet. (c) Yards from any principal structures — Ten (10) feet, except for swimming pools and screen enclosures which have none. B. Parcel A - Distance Between Principal Structures: 1. Between one (1) story and one (1) story structures — One half (1/2) the sum of their heights but not less than ten (10) feet. 2. Between one (1) story and two (2) story structures — One half (112) the sum of their heights but not less than fifteen (15) feet. 3. Between one (1) story and three (3) story structures — One half (1/2) the sum of their heights but not less than twenty (20) feet. 4. Between two (2) story and two (2) story structures — One half (1/2) the sum of their heights but not less than twenty (20) feet. 5. Between two (2) story and three (3) story structures — One half (1/2) the sum of their heights but not less than twenty-five (25) feet. 6. Between three (3) story and three (3) story structures — One half (1/2) the sum of their heights but not less than thirty (30) feet. C. Parcel A - Minimum Floor Area: 1. One -bedroom residential units — Six hundred (600) square feet. 2. Two -bedroom residential units — Eight hundred (800) square feet. 3. Three -bedroom or larger residential units — One thousand (1000) square feet. P DAP _2014_0100 PL20210001766 Strike througl4 text is deleted San Marino RPUD Underline text is added Last Revised: °^�,2015 August 18, 2022 Page 18 of 42 Q Packet Pg. 1787 17.C.2 D. Parcel A - Maximum Height: 1. For principal structures forty (40) feet or three (3) stories, whichever is the most restrictive. E. Parcels B and C - Development Standards STANDARDS SINGLE FAn411 Y DETACHED ZERO LOT 1 IAIC TWO FAMILY AND D IPI CY n ninimum Let Area 5,000 SF `'I'� VVV�F 5nn eC �� MiRimum Let Widthce �F�t1 40 fee 7G Mfeet feet nnin Let Depth 10feet fee n0 fee fee n PrreRtY'-adds vetbaGk *1-& *2 20 feet 20 fee 20 feet rMiR. nnin Sidle Yard! cetbaGk 5 fee f 0 beef 0 E)r 5 feet *4 nni�Tear Y�Coe rL *v&v 10 feet 1-0--Feet 1-0--FCCt Maximum B iilddiRg Heigl# 'tea Aral 35 feet F-feet `�ti 35 fee fee 35 `i�te^e^t� f 0n ^^ � Minima Dostanne Between 40 feet 10 feet Oil 0 feet *4 rn PFiRGInal ctn anti Tres nnin Preserve cethonL 2-5-feet * * 4-54eet t5FCGt 4-54eet 4�et ^� GG4e^e^tt� -Ft t 4-54eet A(`(`GCcf1RY STRUCTURES IRGC 1 C_CAnnll-V ZERG LOT LINE CY TWO FAMILY AND DUPLEX ,SIn1(_ ' '' DETACHED Min. Grent Yard ceth�k *1 & **2 `IS dPIS dP—d nnin Sidle Yard! ce+had•L 54eet 54eat �. f�4 Rear Y, and Setback *moo 54bet 54eet 54eet ,MiR. nnin PreseFye cetha Gk 444eet 444iYY 444eLet Minima Dostanne Between n/-lv>l0feet n/1�� rn ctr'v�ruG ufe-s Maximum Height n R d t cd�cd d. SPIS d--++P S� &P-9 SPr--�+ * * nn SPIS dP-d SPIS Pl DA_Pl _2014 0100 PL20210001766 Strike -tom text is deleted San Marino RPUD Underline text is added Last Revised: April August 18, 2022 Page 19 of 42 Q Packet Pg. 1788 17.C.2 PRINCIPAL USES AND famil, Detached Townhouse famil. Attached/ Zero Lot Multi -Family Variable Clubhouse/ Recreation STANDARDS Line for Lot Line famil. f4[ f�nll Two famil. �Sl Y Min. Lot Area 3.000 SF 1.350 SF 2.000 SF 3.000 SF 10-000 SF 3.000 SF NIA Per Building Min, Lot Width *3 40° ME 30' 4Q NLA 4Q NLA Min. Lot Depth 7H 7H 7H 7E NLA 7H NLA Min, Floor Area NIA NIA NIA NIA SF Per Unit: NIA NLA 600 — 1 BR 800 — 2 BR 1.000 — 3BR SETBACKS Min, Front Yard 20' '1, �2 2� � 2� 20`1, �2 Q *2 2 Min, Side Yard 6' 0' o_r_5' 0' o_r_5' G"4 140 10' '4 0'-10' 's Min. Rear Yard: Principal `6,*7 ME MY Min. Waterbodv ' fr m LME/LMT ' fr m LME/LMT ' fr m LME/LMT ' fr m LME/LMT ' fr m LME/LMT ' fr m ' fr m LME/LMTor BH LME/LMT or BH or BH or BH or BH or BH or BH Max. Building Height: 3T 0E 5T 5X 0E 42' m g 7E 8E m g 70° 7E Zoned Actual Min. Distance Between 1Q 20'for buildings 2 0[10' 1Q 20'for buildings 2 10' 20' for buildings Structures /Principal 2 stories or less Structures stories or stories or less in height OR less in height in height OR sum of the building OR Y2 sum of ' m f the building the building 11e�-f bsdildin buildin stories or [ems stories a stories or heg_h_t 5 Min. PUD Boundary Setback's 15� 15' or ,/2 the building 15' 1E 20' or'/z the 1E IE it in hp iigh# h i ht `5 Min. Preserve Setback 2E 2-E 25� 20' 2E 2E 2E ACCESSORY STRUCTURES Min. Front Setback 20' �2 20' �2 20' m 20° 20° 20° Min. Side Setback E SPS SPS T 0' 0' Min. Rear Yard: Accessory's,'? Min, PUD Boundary Setback •s 1E 15, or the building JJE 16' 15' or'/2 the 1E 15' or'/2 the bsljldifl bslildin heiah s Min. Preserve Setback 12 Ic 12 1Q 12 12 12 Min. Waterbodv Setback 0' from LME/LMT 0' from LME/LMT 0' from LME/LMT 0' from LME/LMT 0' from LME/LMT or 0' from 0' from LME/LMT or LME/LMT or BH or BH or BH or BH BH or BH BH Min, Distance Between 0Q 0'/10 0'/10 0'/10 0'/10 0'/10 QLQ Structures Maximum Height: Zoned Actual SPS BPS SPS SPS SPS SPS SPS BPS 3E 40 feet SPS SPS 40 feet of inn of 2014 0100 PL20210001766 Strike througl4 text is deleted San Marino RPUD Underline text is added Last Revised: April August 18. 2022 Page 20 of 42 INIQ Packet Pg. 1789 17.C.2 SPS — Same as Principal Structure; LME — Lake Maintenance Easement; LMT — Lake Maintenance Tract; BH — Bulkhead; SF — Spuare Feet DEVELOPMENT STANDARDS REFERENCES AND FOOTNOTES Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be applied by the Growth Management Division during an application for a building permit for a site development plan or plat. Nothing in this RPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in Section VI. Deviations. *1 — Front yards shall be measured as follows: A. If the parcel is served by a private road, setback is measured from the adiacent right-of-way line. B. For corner lots, only one (1) front yard setback shall be required. The yard that does not contain the driveway/vehicular access to the residence shall provide 10' setback. w:nn� *2 — Front entry garages must be setback a minimum of 20 feet from the property line and a minimum of 23 feet from a sidewalk. The minimum 20-foot setback for a residence may be reduced to 10 feet for a side- loaded or rear entry garage. Porches. entry features and roofed courtyards may be reduced to 10 feet. Corner lots shall provide one 1) front yard setback within the yard that contains the driveway/vehicular access to the dwelling unit. The secondary front yard that does not contain the driveway/vehicular access to the dwelling unit shall provide a minimum 10-foot setback measured from the right-of-way, and will have no overhang into the utility easement if there are any buildings adiacent to that side setback. *3 — Minimum lot width may be reduced by 20% for cul-de-sac lots and 50% for flag lots provided the minimum lot area requirement is maintained. -. ii -•. • •- .• • • •- IN 1-• •- 1 of inn of 2014 0100 PL20210001766 Strike thr. ugI text is deleted San Marino RPUD Underline text is added Last Revised: ^n�,2015 August 18, 2022 Page 21 of 42 ISIQ Packet Pg. 1790 *2 — Front entry garages must be setback a minimum of 20 feet from the property line and a minimum of 23 feet from a sidewalk. The minimum 20-foot setback for a residence may be reduced to 10 feet for a side- loaded or rear entry garage. Porches. entry features and roofed courtyards may be reduced to 10 feet. Corner lots shall provide one 1) front yard setback within the yard that contains the driveway/vehicular access to the dwelling unit. The secondary front yard that does not contain the driveway/vehicular access to the dwelling unit shall provide a minimum 10-foot setback measured from the right-of-way, and will have no overhang into the utility easement if there are any buildings adiacent to that side setback. *3 — Minimum lot width may be reduced by 20% for cul-de-sac lots and 50% for flag lots provided the minimum lot area requirement is maintained. -. ii -•. • •- .• • • •- IN 1-• •- 1 of inn of 2014 0100 PL20210001766 Strike thr. ugI text is deleted San Marino RPUD Underline text is added Last Revised: ^n�,2015 August 18, 2022 Page 21 of 42 ISIQ Packet Pg. 1790 17.C.2 *5 — Setback is measured from zoned height. *6 — Landscape Buffer Easements and/or Lake Maintenance Easements shall be located within open space tracts or lake tracts and not within a platted residential lot. Where a home site is adjacent to a Landscape Buffer Easement or Lake Maintenance Easement within open space tracts or lake tracts, the principal and accessory structure setback on the platted residential lot may be reduced to zero (0) feet where it abuts the easement/tract. Nothing in this RPUD shall Q diminish the riparian rights nor prohibit a property owner in the RPUD from use of buffer or lake maintenance easements/tracts for recreational purposes, including but not limited to docks, fishing, walking, etc., which are not inconsistent with the purpose of the tract/easement or (ii) be deemed to grant riparian rights to any persons not residing in the RPUD. Where a bulkhead is constructed, no intervening easement or maintenance tract shall be required by this RPUD. *7 — Rear yards for principal and accessory structures on lots and tracts which abut lakes and open spaces. Setbacks from lakes for all principal and accessory uses may be 0 feet provided architectural bank treatment is incorporated into design and subject to written approval from the Collier County Engineering Review Section. *8 — Setback from the FPL Easement is 0 feet. All other setbacks are 10 feet. of inn of 2014 0100 PL20210001766 Strike thr. ugI text is deleted San Marino RPUD Underline text is added Last Revised: ^n�,2015 August 18, 2022 Page 22 of 42 ISIQ Packet Pg. 1791 17.C.2 SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A", RPUD Master Plan. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. PARCEL A - Permitted Uses and Structures 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves. 5. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, may be approved after Planning Services Environmental Staff review. All supplemental plantings within the Preserve Areas shall be 100% indigenous native species and may meet the minimum planting criteria set forth in Section '��-9.5.5.4 3.05.07.H.1.e.vii. of the Land Development Code. 6. Any other use deemed comparable in nature by the Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the Land Development Code (LDC). B. PARCELS B AND C - Permitted Uses and Structures 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves. 5. Shelters without walls, educational kiosks, and viewing platforms. 6. Benches P DAP _2014_0100 PL20210001766 Strike througl4 text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 23 of 42 Q Packet Pg. 1792 17.C.2 7. Educational signage and bulletin boards located on or immediately adjacent to the pathway. 8. Any other use deemed comparable in nature by the Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the Land Development Code (LDC). P DAP _2014_0100 PL20210001766 Strike througl4 text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 24 of 42 Q Packet Pg. 1793 17.C.2 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this section is to set forth the commitments for the development of the San Marino RPUD. 5.2 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan aped per OrdinanGe 200010 and GResolutmen 01 27 illustrates the existing development in ParGel A. Exhibit "B", ParGel B PUD nagsteF Plan, illustrates the proposed development 1n PaFGe' R, and is conceptual in nature. Proposed area, lot or land use boundaries of special land use boundaries shall not be construed to be final and minor changes may be made at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 10.02.13 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 5.3 PUD MONITORING .. , . . -1 10 „ "One entitv (hereinafter the Manaaina Entitv) shall be responsible for PUD monitorin until closeout 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 RPUD approval, the Managing Entity is SD SAN MARINO, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a of inn of 2014 0100 PL20210001766 Strike -+text is deleted San Marino RPUD Underline text is added Last Revised: ^n�,2015 August 18, 2022 Page 25 of 42 IN1Q Packet Pg. 1794 17.C.2 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 RPUD 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." 5.4 UTILITIES ■ PEN■. .. ■ A. At the time of application for subdivision Plans and Plat (PPL) and/or Site Development Plan (SDP) approval, as the case may be, offsite improvements and/or upgrades to the wastewater collection/transmission system may be required to adequately handle the total estimated peak hour flow from the project. Whether or not such improvements are necessary, and if so, the exact nature of such improvements and/or upgrades shall be determined during PPL or SDP review. Such improvement and/or upgrades as may be necessary shall be permitted and installed at the developer's expense and may be required to be in place prior to issuance of a certificate of occupancy for any portion or phase of the development that triggers the need for such improvements and/or upgrades. B. Standard industry_ _practices must be followed when connecting_ to the 36" fusible PVC water main. 5.5 TRAFFIC A. The applicant shall install arterial level street lighting at the project entrances, prior to the granting of any Certificates of Occupancy for the project. B. The applicant shall provide, if required by Collier County Transportation Services, both a northbound right turn lane and a southbound left turn lane at the project entrances, which shall be constructed during the construction of the project's access driveways onto County Road 951. AAAT:Tl. VIG1�l�:tf�1 :TZT.74�1L�1'L11At7TTP. ... ON - of inn of 2014 0100 PL20210001766 Strike througI4 text is deleted San Marino RPUD Underline text is added Last Revised: ^n�,29T5 August 18, 2022 Page 26 of 42 IN1Q Packet Pg. 1795 17.C.2 C. The develepment shall be limited to a maximum of 493 Two way unadjusted Doak Hear trips. The maximum total daily trip generation for the PUD shall not exceed 1.013 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip aeneration rates in effect at the time of application for SDP/SDPA or subdivision plat approval." D. The Owner, its successor, or assign(s) agrees to provide proportionate fair share payment to Collier County for a traffic signal and appurtenances at any project entrance, when and if warranted. E. The connections for the development of Parcel B must align with existing directional median opening, appr atel y 800'+ s euth „f the Northerly pr„pert y lino correspond ina with the entrance to Parcel B. as shown in Exhibit A — PUD Master Plan F. Parcel C shall be accessed either via the Hacienda Lakes PUD to the South or via a bridge to replace the existing bridge serving the former Cracklin' Jacks parcel folio No. 00411040002. G. At the time the first residential Certificate of Occupancy is issued to Parcel B or Parcel C respectively, the bridge designated by the developer for primary pedestrian or vehicular access to Parcel B or Parcel C. as applicable, will be completed or bonded by the developer of such Parcel to meet promulgated Collier County Standards applicable to private access bridges serving a residential development. If bonded, the amount will be equal to the then -cost to complete construction of the access bridge and the bond will be released pursuant to customary Collier County standards for all other site infrastructure upon completion of the access bridge. To the extent the respective developer elects to construct subsequent access bridges, then such bridge(s) shall likewise be constructed to promulgated Collier County Standards prior to actual use by a resident. Unless the County establishes a funding mechanism or County otherwise agrees. Owner as shown on the right-of-way permit, as may be assigned from time to time (provided notice of such assignment is provided to the county through PUD monitoring or by other writing), shall own and maintain the bridges that provide vehicular and pedestrian access to the applicable Parcel. Q 0 IL 0 c 0 IL a� c .E 0 N M O M N N N N N O O s= L O 0 IL H. The County has identified various future potential road alignments for what is r- currently known as Benfield Road, some of which may cross over a portion of the E RPUD near its eastern boundary. At the time of the RPUD adoption. the County has 0 not selected the final alignment of said Benfield Road. The owner, developer, and a their successors and assigns at the County' s request, has agreed to work with the of inn of 2014 0100 PL20210001766 Strike througI4 text is deleted San Marino RPUD Underline text is added Last Revised: April August 18. 2022 Page 27 of 42 IN1Q Packet Pg. 1796 17.C.2 County in the future, should the final alignment as approved by the Board of County Commissioners and as permitted by the applicable reviewina aaencies. encroach onto the lands of RPUD, with the following stipulations: a 0 1. If the eventual alignment crosses over RPUD lands: (a) the alignment shall be no a further than 150 feet from the eastern RPUD boundary. except that in the °c northernmost ± 1.350 feet of the RPUD eastern boundary, the alignment may be o 300 feet or less from the eastern RPUD boundary: and ( b) in no event shall the c alignment be any closer than 100 feet from any residential or lake tract. The y alignment shall be consistent with the alignment of Benfield Road in the CL rl- development south of the PUD, but shall immediately transition to the eastern 150 feet of the RPUD. o 2. Any portion of Benfield Road that traverses the RPUD lands shall be no more J than 120 feet in ultimate right of way width, inclusive of storm water, other than a as provided below. `o 3. The County shall at all times be responsible for all permitting for Benfield Road, a including any modification of any project permits and easements, including. without limitation mitigation (e. a. wildlife protection, buffers, and any obligation o imposed on the lands of the RPUD by virtue of the permitting of the Benfield ^! Road) for the impacts of any such road and replacement mitigation that otherwise o is in place within the RPUD that mitigates the impact of the project and/ or the N previous mining operation that occurred within the RPUD historically. The Owner. its successors or assigns shall not be responsible to obtain or modify any current N N or future permits or conservation easements on behalf of the County related to 00 the planning, platting, replattina, dedication, construction, or extension of Benfield Road. In no event shall Developer be obligated to plat any roadway or depict any reservation on any plat. L 4. The owner or its successors and assigns shall convey the lands to the County by 0 o ujt claim deed within 120 days of the County' s written request to owner, or its successors and assigns, but no sooner than the permitting agencies' notices of a intent to issue applicable federal and state permits. o 5. The owner. or its successors and assians. shall be paid the fair market value of 4 the land at the time of the conveyance to the County, excluding damages. The a Developer shall first become eligible for transportation impact fee credits based upon the agreed upon fair market value per acre in accordance with the consolidated impact fee Ordinance in effect at the time of recordation of the deed. If the project is built out or has prepaid transportation impact fees to be assessed Q for the project, then the developer or its successors or assigns shall be entitled w to a cash reimbursement. E 6. The County shall maintain at its sole expense any RPUD lands remaining to the a east of the final alignment, if requested by the Owner, its successors or assigns of inn of 2014 0100 PL20210001766 San Marino RPUD Last Revised: ^n�,29T6 August 18. 2022 Strike # text is deleted Underline text is added Page 28 of 42 INIO Packet Pg. 1797 17.C.2 within sixty (60) days of request. _provided County_ is given a maintenance easement at no cost to the County. 7. The developer, its successors or assigns, shall provide to any potential resident a disclosure statement that the County has identified several potential alignments for Benfield Road which may impact the RPUD lands, and that any such road could be on the eastern edge of the property once the appropriate permits and approvals are obtained by the County. This disclosure statement must be presented to the buyer prior to entering into any sales contract by Developer or builders which convey directly to potential residents. 8. Should Collier County ultimately abandon the proposed roadway extension, or the road alignment is determined not to be within the San Marino RPUD. the County, through Board Resolution upon petition by the Developer, shall release the Developer from the Benfield Road obligations of this PUD and the requirement for the disclosure statement shall terminate, without the necessity of an amendment to this RPUD. 9. For any portion of Benfield Road that may be constructed within or adjacent to the San Marino RPUD along the easterly boundary and within the north and south limits: a. Collier County may discharge treated stormwater into the San Marino RPUD stormwater management system for attenuation. Prior to discharge outside the County_ owned ROW, the stormwater shall have received full water quality treatment in accordance with SFWMD requirements at the time of permitting and shall not compromise the proposed water quality and proposed water quality and/ or recreational use of the lakes. Collier County shall be responsible for maintenance of water quality for stormwater resulting from the County roadway. San Marino RPUD shall be held harmless if the PUD' s stormwater management system experiences a water quality breach solely due to Benfield Road stormwater. The County shall be responsible for any remediation and related costs if the SFWMD deems the ROW is the sole cause of water quality issues. No other stormwater, treated or untreated, from off -site -portions of the ROW outside the north and south limits of the RPUD boundary shall discharge into the San Marino RPUD surface water management system. b. Lighting must comply with international Dark Skies standards. 5.6 PLANNING c 0 as a a� c 0 N M O M N N N N N O O c 0 L 0 0 IL c as If during the course of site clearing, excavation or other construction activity a historic, E or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code a Enforcement Department contacted. of inn of 2014 0100 PL20210001766 Strike througk4 text is deleted San Marino RPUD Underline text is added Last Revised: ^n�,29T6 August 18. 2022 Page 29 of 42 ISIO Packet Pg. 1798 17.C.2 TDR credits shall be utilized in accordance with the requirements of LDC Section 2.03.07.D.4.g, except for the specific requirements affected by Section VI, LDC Deviation No. 1. A maximum of 6-501. 221 dwelling units are permitted in the RPUD, of which -352-993 units are derived from the allowable base density and 298328 units are derived from TDR credits. All residential density above the base density shall be derived from TDR credits severed and transferred from RFMUD Sending Lands consistent with the provisions of the Collier County Growth Management Plan. The RPUD may use the available 643 units of base density throughout Parcels B and C without the need to acquire and transfer TDRs. TDR's may be used throughout Parcels B and C. A total of 99.85 TDR credits (equivalent to 100 dwelling units) have been transferred to the RPUD: 75.85 per Certificates 0104BTX. 0104ETX. and 0104RTX (San Marino Caymas Ph 1 PL20160001063) and 24.00 per Certificate 0107BX (Lido Isles PL20160001693). Up to an additional 228 TDR credits must be acquired and transferred to the RPUD to be used as density credits. Commencing with submittal of the first development order that utilizes TDR credits, a TDR calculation sheet shall be submitted documenting that the developer has acquired all TDR credits needed for that portion of the development. The calculation sheet tracks the chronological assignment of TDR credits with respect to all subsequent development orders until the maximum density allowed by the utilization of TDR credits has been reached (all TDR credits allowing residential development reach a zero balance). 5.7 ENVIRONMENTAL A. Rt+ve vegetates to shall be retaiRed. The minimum required native vegetation for the PUD is 57.71 212.8 AC acres. The total preserve area provided is as follows: Total Preserve Provided 267.7 AC Parcel A 15.09 AC Parcels B & C 252.61 AC B. Listed Species Management. For wildlife protection, roads located within the Rural Fringe Mixed Use District, not including Benefield Road, will have a very low speed limit (e.g. 15 mph) and tortoise caution signs will be installed. Prospective buyers of properties adjacent to the Preserve will be provided with written information about the Preserve's protected wildlife and management practices which may have direct effects on their property including: of inn of 2014 0100 PL20210001766 Strike thr. ugI text is deleted San Marino RPUD Underline text is added Last Revised: ^n�,2015 August 18, 2022 Page 30 of 42 IN1Q Packet Pg. 1799 17.C.2 • gopher tortoises may expand their foraging or burrowing habitat to include a • periodic prescribed burns will result in smoke in the vicinity: a 0 • wildlife co -existence plan: and a 0 • black bear management. Project homeowner's association documents will contain similar disclosures in accordance with project permits. C. If County permits are obtained for new residential and/or private roads adjacent to 6 CD CD the preserve's tortoise -occupied habitat, then tortoise -appropriate fencing or tortoise -appropriate barriers will be installed by Developer, or its successors and N assigns, between the tortoiserves or where tortoises exist and the private road a e pres and/or development in that location prior to construction of the new residential development and /or private roads. a� 5.8 MISCELLANEOUS c Pursuant to Section 125.022(5issuance of a development permit by a county N 1 F.S.. 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 M 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 N violation of state or federal law. All other applicable state or federal permits must be N 00 obtained before commencement of the development. C m C L 0 a of inn of 2014 0100 PL20210001766 San Marino RPUD Last Revised: ^n�,29T6 August 18. 2022 Q Strike througl4 text is deleted Underline text is added Page 31 of 42 INIQ Packet Pg. 1800 17.C.2 SECTION VI DEVIATIONS FROM THE LDC 1. Deviation (1) from LDC Section 2.03.07.D.4.g, which requires TDR credits to be redeemed at a rate proportional to percentage of the PUD approved gross density that is derived through TDR credits and TDR Bonus credits, to allow for use of the PUD's base density prior to the redemption of TDR credits. 2. Deviation (2) from LDC Section 6.06.02.A.2, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks which are internal to the development to be constructed on both sides of local streets, to allow a 6'-wide sidewalk on one side of the street only for streets with homes on one side of the street, and to allow a 6'-wide sidewalk on one side of the main entry road. One canopy tree (or canopy tree equivalent shall be provided per 30 linear feet of sidewalk. Canopy trees located within 10 feet of the sidewalk may count towards a sidewalk canopy tree. 3. Deviation (3) from LDC Section 6.06.01.N, Street System Requirements and Appendix B, Typical Street Sections and Right -of -Way Design Standards, which establishes a 60 foot wide local road, to allow a minimum 4050 foot wide local road for internal rights -of - way (see Exhibit A — PUD Master Plan, Page 2). 4. Deviation (4) from LDC Section 5.03.02.C, Fences and Walls, Excluding Sound Walls, which permits a maximum wall height of 6 feet in residential zoning districts. The requested deviation is to allow a maximum wall height of 8 feet throughout the development, and a 12-foot tall wall, berm or combination wall/berm along Collier Blvd. frontage, the western boundary of Parcel B and the northern boundary of Parcel B where residential tracts abut Forest Glen of Naples PUD. 5. Deviation (5) from LDC Section 5.04.04.B.5, Model Homes and Model Sales Centers, which permits a maximum of five (5) model homes, or a number corresponding to ten (10) percent of the total number of platted lots, whichever is less, per platted approved development prior to final plat approval. The requested deviation is to allow for a maximum of 30 model homes at any one time per deV r McRt trurtt , RGt ce evneerd 17 merle- hemec Within the overall RPUD. As mart of the appliGatieri material fer e stating how mariy model h��saran-irl ex0steRGi so -that the maximum 17 node hemec iS Rot eXGeederl. With each building permit for a model home, the applicant shall provide documentation as to the current number of model homes in existence. 6. Deviation (6) seeks relief from LDC Section 5.04.06.A.3.e, Temporary Signs, which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in heights. The requested de„iatier, is to allow a temporary sign or banner up to a maximum of 32 square feet in area and a maximum of 8 feet in height. The temporary sign or banner shall be limited to 28 days per calendar year. of inn of 2014 0100 PL20210001766 Strike thr„u gI text is deleted San Marino RPUD Underline text is added Last Revised: April August 18, 2022 Page 32 of 42 IN1Q Packet Pg. 1801 17.C.2 7. Deviation (7) seeks relief from LDC Section 5.06.02.B.6, Development Standards for Sians. which permits two (2) ground signs per entrance to the development with a maximum height of 8' and total sign area of 64 s.f. The requested deviation is to allow for two (2) ground signs per project entrance with a maximum height of 10' and total sign area of 80 s.f. per sign. 8. Deviation (8) seeks relief from LDC Section 4.06.02.C, Buffer Requirements, which requires a fifteen -foot (15') Type "B" landscape buffer where single-family residential uses are proposed adjacent to multi -family residential uses, to allow a ten feet (10') Tine "B" buffer where proposed SiRgle family dwelliRgS OR the SaR Marino RPUD are adjaGeRt to multi family dwellings On the Willew RLIR RPUD alORg the southern and eastern property IiRes, and where proposed SiRgle family dwelliRgs are adjaGent to multi family dwelIRS on AP nt�e at Naples t„ the se� ,th. no landscape buffer along the western residential tract adjacent to the Parcel A preserves and FP&L easement. 9. Deviation (9) seeks relief from LDC Section 4.06.02., Buffer Requirements, which requires landscape buffers to separate developments, to allow for no buffer along the southern property boundary in either or both of the following circumstances: 1) West of the FPL easement if the Hacienda Lakes PUD is rezoned or amended to provide for a unified development plan of a portion of the Hacienda Lakes — North Area properties immediately to the south of Parcel C prior to approval of an SDP or PPL: 2) East of the FPL easement if the Hacienda Lakes PUD is rezoned to allow for no adjacent buffer, as depicted on Exhibit A, attached hereto. 10. Deviation C0) from LDC Section 5.06.02.B.2. Development Standards for Signs within Residential Districts, which permits one (1) real estate sign per street frontage that is setback a minimum of 10' from any property line, to allow for a maximum of one (1) real estate sign per street frontage setback a minimum of 5' from the property line abutting the canal along Collier Blvd. only. 11. Deviation (11) from LDC Section 5.06.02.B.5.a. On -premises Directional Signs within Residential Districts, which requires on -premises directional signs to be setback a minimum of 10' from the edge of the roadway, paved surface or back of curb, to allow for on -premises direction signage to be setback a minimum of 5' from the edge of the roadway, paved surface or back of curb. This deviation does not apply to signage adjacent to Collier Blvd. 12. Deviation (12) from LDC Section 6.06.01.J, Street System Requirements, which limits cul-de-sacs to a maximum length of 1,000 feet, to permit cul-de-sacs to exceed 3,500 feet in length with placement of no through traffic signage and creation of one emergency vehicle turnaround approximately 1.500 feet from the beginning of the cul- de-sac. 13. Deviation (13) from LDC Section 6.06.01.J, which requires cul-de-sacs at the end of a dead-end street, to allow for a hammerhead at the end of the terminus street. of inn of 2014 0100 PL20210001766 Strike # text is deleted San Marino RPUD Underline text is added Last Revised: ^n�,29T6 August 18. 2022 Page 33 of 42 INIO Packet Pg. 1802 17.C.2 14. Deviation (14) from LDC Section 3.05.07 A.S. which requires preservation areas to be interconnected within the site and to adjoining off -site preservation areas or wildlife corridors: to allow the preserve areas between parcels to not be interconnected and located consistent with the Master Site Plan. 15. Deviation (15) from LDC Section 4.05.04.G. Parking Space Requirements. where small- scale recreation facilities are accessory to a single-family or multifamily_ project and intended only for the residents of that project the recreation facilities may be computed at 50 percent of normal requirements of 1 space per 200 feet, to allow the parking requirements for all structures/uses in the amenity center area, such as the office / lobby / health club / clubhouse / lounge / snack bar / dining / meeting room / pool / outdoor recreational facilities / and sports courts, to also be computed at 50 percent of the normal parking requirements, of inn of 2014 0100 PL20210001766 San Marino RPUD Last Revised: ^n�,20T6 August 18. 2022 Strike througl4 text is deleted c 0 m IL a� c 0 N M O M N N N N N O O d C� C C L Q IL Q Underline text is added Page 34 of 42 INIQ Packet Pg. 1803 17.C.2 P DAP _2014_0100 PL20210001766 Strike througl4 text is deleted San Marino RPUD Underline text is added Last Revised: °^�,2015 August 18, 2022 Page 35 of 42 Q Packet Pg. 1804 EXHIBIT 13A PARCEL Q PUD MASTER PLAN — PAGE 1 NORTH i � qU �nA L Z9NHG: PUP ]6 G Fxlsnw�usE. PREaawa L=co E I uaEREsaEHru,Yncnr I� a I 2 s M1R�r3� OR � [ rnEE euFFFa • - 7�7 p� PER LPC a.o�a:.c �• q SC.3.LE: 1"= liW' 0 650 1300 26470 NAPLEI HERBAGE FLU: URBAN RE aICEMNL �� '� SCALE IN FEET F RSIGE B'JBPIGTRICT TURFS .i. .i. J_ 1 1 1 t' ZONING: PYIP FRaKiE BVEPISTRICFIMF� �„ .�. �4 �. E][ISTMG USE. YACAHi l4� I' _4_ 1 _I_ _I_ _I_ GOLF couRSE '4 . ,��J R PER I!]C 4Afi.a2C '1 _ — i5. iQ P J�:f �1J.r4 J _LL~RL IFAL N n PROJECT ENTRANCE QTENTIAL - - x �I 9CHING: M.1]—A3' �'f VRaAN I RVRAL i USE:fL=31]E4TSL ' 1 � WE1Lf32 —~� r 11 .% FRINGE F—. J L r •.��. R f IREC9YIHGI 4 J IfENPINGV LNO EiIF=ER A ;�v EXISITNG ENTRANCE N { _11= �.� IRE: _'IREC AVENLINE APT5 I .+ Ac +rAN MAPNar1y� 1 1 � FRa1�RsueoBTR w-r �uRFl SAN MARINO ..' EXISTING [1SE:GGL=CGURSE 3&9AC_J � /•. .k 1 R ..�� V ..... [PARCEL BI .. r :3 7 PROJECT QITYMANCE - 4 " l �� 7 POTENTIAL PROJECT ENTRANCE o .. e • /'-^^, �, • N': as •Y /�' I.,, 'HELL w� CE - \ V'✓ V- %1--Uti''YVV'r'� \': �' NGNES PFIawIPw SAN MARIND A E FLU: UZ6AN HEGOENFUl R . �N�. /�%'�`t i/\'MJ�,'`✓\�\"v J': /� v=R1YC£auePlsrRlcT 4uRss (PARCEL C} .�;r. .`.l ^ ,.�:. h.��1%.suti �� •. ._` G E%18iLIGURE�'. REBOEHTLLL i /� '^� •�/✓�-�/�N�," e'- /� �� L cPLUER caLRrrr _ '•..- tra.L sa ".'V^./�.'..'W�/'..-�. J 3 Z FlIY CCNSERVAFIIXJ ICY •� 5AH MARIND POTENTIAL ♦^.'�'v +l 'ice. .�i �.\n . {PARCEL B AND CI - IFRERC ONN ECT T94 7 AC � � O IA 7. 5 J H wG V a�a� c.i z Q x a^@ � �-• '::'..'� NAPEES LAI[Ei Fl_Il: PEST I `J I ]70' FPL I Q —1 ` BUBPISTRIGT [URI (UR, ��IH RES PZ,—i I.WLTrFyWILYI GO'_F PEl'NTXNI Y9 "•HO aUFFERP--Er.IE !lP 9UFER� I REgUNim Fw aIG NiFSi C "• H�U ,fi f-1 9 GSEP ACCEaB �� mow, o?Lza2.msasen B.PtIP E = p .. f aE. REaoENr� 'I WIDE ❑ �„ P ,"� IL4CENOA LAMES H.�IEHPA H�a PR - L ry ❑ ry G JI RV: URBAN R1�lOEMTLLL FRINGE BUEOISTRICT 14RFI �.'+ (]] pn r% ZONWG'HAGENPA LNfEB ORIAJPUO VSE: RESILFJRW / n '� n � rj 71 _ ce a DI DA_PI _2014 0100 PL20210001766 San Marino RPUD Last Revised: April 17, 2015 August 18, 2022 Strike throug14 text is deleted Underline text is added a Page 36 of 42 Q Packet Pg. 1805 17.C.2 EXHIBIT A PUD MASTER PLAN — PAGE 2 NORTH 6W � .. &CALE. 1' 11)' = d 9 5 10 20 r SCALE IN FEET � x Y F = V C u i 1= - jC w w b V o xr ]� Oe P T Dni�r`%� u� ZaC NOTES w 1. THIS PLAN IS CONCEPTUAL M NATURE AND IS SUBJECT TO MINOR z� MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2. ALL ACREAGES EXCEPT PRESERVE ARE APPROXIMATE AND SUBJECT TO MODIFICATION AT THE TIME OF SDP OR PLAT APPROVAL. 3. DEVIATIONS NOT LABELED ON PLAN ARE APPLICABLE TO ENTIRE RPUD. 4. MINIMUM 25-FOOT VEGETATED UPLAND BUFFER ADJACENT TO THE WETLAND PER LDC SECTION 3-U5-07 F-3-F- v� v o C e ua] e a PARCEL A OPEN SPACElPRESERVE SUMl,44+2Y CATEGORY ACREAGE PROVIDED PRESERVE 15.U9±AC OPEN SPACE REQUIRED 23.4±AG TDTAL AREA 38.9± AC PARCELS B AND C OPEN SPACEIPRE5ERLE SUMMARY CATEGORY REQUIRED PROVIDED of Inn of 2014 0100 PL20210001766 San Marino RPUD Last Revised: Apri>�,20T6 August 18, 2022 PARCELS B AND C LAND USE SEMINARY CATEGORY ACREAGE PERCENT RESiUENTIAL 155-A± AC 19-8% AMENITY 18-4±AC 2-3% PRESERVE 252.81±AC 32.2% OTHER OPEN SPACE 7Q-49±AC 9.U% TOTAL SITE 784.7tAC iQQ4b O O O N O N J a O d a C .O N M O M N N N N co O U C <4 O a O a Q C d t U Q C 1= t v c+,-il,o +I,r,,,,,,h text is deleted Underline text is added a Page 37 of 42 Q Packet Pg. 1806 17.C.2 EXHIBIT A PUD MASTER PLAN --PAGE 3 DEVIATIONS FROM LDC 1. Deviation (f1 from LDC Section 2.03.07.0.4.g, which requires TDR credits to be redeemed at a rate proportional to percentage of the PUD approved gross density that is derived through TDR credits and TDR Bonus credits. to allow for use of the P UD's base density priorto the redemption of TDR credits. 2. Deviation (2) fmm LDC Section 6.06.02.A.2, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks which are internal to the development to be constructed on both sides of local streets, to allow a 6'-wide sidewalk on one side of the street only for streets with homes on one side of the street, and to allow a 6'-wide sidewalk on one side of the main entry road. One campy tree (or canopy tree equivalent shall be provided per 3D linear feet of sidewal k- Canopy trees located within 1 D feet of the sidewalk may court [.awards a sidewalk canopy tree. 3. Deviation (3) from LDC Section 6.06.01.N, Street System Requirements and Appendix B. Typical Street Sections and Right -of -Way Design Standards, which establishes a 60 foot wide local road, to allow a minimum 4G50 foot wide Total road for internal rights-cf-way (see Exhibit A - P UD Master Plan, Page 2 - 4. Deviation (4) from LDC Section 5.03.D2.C, Fences and Walls, Excluding Sound Walts. which permits a maximum wall height of 6 feet in residential zoning districts. The requested deviation is to a Ilow a maximum wall height of 8 feet throughout the development, and a 12-foot tal I wall, berm or combination walUberm along Collier Blvd- frontage, the western boundary of Parcel B and the northern boundary of Parcel B where residential tracts abut Forest Glen of Naples PUD- 5. Deviation (5) from LDC Section 5.04.04.B.5, Model Homes and Model Sales Centers, which permits a maximum offive (5) model homes, or a number corresponding to ten (10) percent of the total number of planed lots, whichever is less, per platted approved developmem prior to final plat approval. The requested deviation is to allow fora maximum of 30 m (61 model homes at any oche time Rhin the overall RPUD. wed- With each bui[ding permit for a mode[ home, the applicant shall provide documentatiem as to the current number of model homes in existence. 6. Deviation (6} seeks relief from LDC Section 5.04.O6A.3.e, Temporary Signs, which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height. 9 e eqtjested demation-ts to allow a temporary sign or banner up to a maximum of 32 squa re feet in area and a maximum of 8 feet in freight. The temporary sign or banner sha II be limited to 28 days per calendar year. 7. Deviation [7) seeks relief from LDC Section 5.06.02-B.6, Development Standards for Signs, which permits two (2) ground signs per entrance to the development with a maximum height of 8' and total sign area of 64 s.f. The requested deviation is to allow for two (2) ground signs per project entrance with a maximum height of 19 and total sign area of BD s.f. per sign. 8. Deviation (8) seeks relief from LDC Section 4.06.02-C, Buffer Requirements, which requires a fifteen -foot (15') Type'B' landscape buffer where single-family residential uses are proposed adjacent to multi -family residential uses, to allow do.elings .� Amitme at Naples to the . no landscape buffer along the western residential tract adjacent to the Parcel A preserves and FPBL easement. of Inn of 2014 0100 PL20210001766 San Marino RPUD Last Revised: Ar,>�,20T6 August 18, 2022 NORTH SCALE. 1" = 101 0 5 1D SCALE 1N FEET 9. Deviation 19) seeks reliei from LDC Section 4.06-D2.. Buffer Requirements, which requires landscape buffers to separate developments, to allow for no buffer along the southern property boundary in either or moth of the following circumstances: 1) Westof the FPL easement if the Hacienda Lakes PUD is rezoned or amended to provide for a unified development plan of a portion of the Hacienda Lakes - North Area properties immed iately to the south of Parcel C prior fa approval of an SDP or PPL; 2) Eastof the FPL easement ff the Hacienda Lakes PUD is rezoned to allow for no adjacent buffer, as depicted on 6thibl A, aft ched hereto - ID. Deviation {10) from LDC Section 5-06.02.B2, Development Standards for Signs within Residential Districts, which permits one (1) real estate sign per street frontage that is setback a minimum of 10' from any Property line, to allow for a maximum of one { 1) real estate sign per sweet frontage setback a minimum of 5' from t1he property line along Collier Blvd. only- 11. Deviation f 11) frwn LDC Section 5.06.02.B.5-a, On -premises Di rechonal Signs within Residential Districts, which requires on -premises directional signs to be setback a minimum of 1 U from the edge of the roadway. paved surface or back of curt), to allow for on -premises direction signage to be setback a min- urn o-f 5' from the edge of the roadway, paved surface or back of curb - This deviation does not apply to signage adjacent to Collier Blvd- 12. Deviation {12) from LDC Section 6.06.01.J, Street System Requirements, which limits c"e-sacs to a maximum length of 1,000 feet, to permit culL-desacs to exceed 3,500 feet in length with piacement of no through traffic signage and creation of one emergency vehicle to maround approximately 1.500 feet from the beginning ofthe cul-deaac. 13. Deviation (13) from LDC Section 6.06.01.J, which requires cul-de-sacs at the end of a dead-end street, to allow for a hammerhead at the end of the terminus street 14. Deviation (14) from LDC Seetion 3.05.07 A.5, which requires preserration areas to he interconnected within the site and to adjoining off -site preservation areas or wildlffe corridors; to allow the preserve areas between parcels to not be interconnected and located consistent with the Master Site Pfan- (15) Deviation 1151 from LDC Section 4.05. D4.G. Parking Spa ce Requirements. where small-scale recreation facilities are accessory to a single-family or mtrltfamily project and intended only for the residents of that project the recreation facilities may be computed at 50 percent of normal requirements of 1 space per 200 feet, to allow the parking requirements for all structuresluses in the amenity center area, such as the off ce I lobby I health club I clubhouse 1 lounge I snack bar[ dining 1 meeting morn I pool I outdoor recreational facilities 1 and sports courts, to also be computed at 50 percent of the normal Parking requirements. 0 0 0 N O N J a d 4 .7 � �A ZD a V d qq�q��a A rWA4. ZYr Strike thre g1 text is deleted Underline text is added Page 38 of 42 IN1Q Packet Pg. 1807 17.C.2 EXHIBIT CB LEGAL DESCRIPTION DESCRIPTION AS SUPPLIED BY THE CLIENT r!1-J14MIRA !VJ.��imi■rdWal W!I-JRMIRAW!►rr�-l�i�i�� . !-JIB . ., ... - . _ .11 IN . 011 ra,- .. . . , I.P.. . . IRS - — . .. ...m - . ►.- . RJAINEM of inn of 2014 0100 PL20210001766 Strike thr. ugI text is deleted San Marino RPUD Underline text is added Last Revised: ^n�,2015 August 18, 2022 Page 39 of 42 IN1Q Packet Pg. 1808 17.C.2 ► .�NSI/ri . . ► &X ► - -.► .1=1&0 r*11 111TV .� ■. .► ■ - me- ► - • - . . ► ► . .► a A - .MON-.► 1 ► of inn of 2014 0100 PL20210001766 Strike thr. ugI text is deleted San Marino RPUD Underline text is added Last Revised: ^n�,2015 August 18, 2022 Page 40 of 42 ISIQ Packet Pg. 1809 17.C.2 THE FLORIDA EAST ZONE. o PARGEL CONTAINS 10.250.859 SQUARE FEET � a 0R 235.33 ACRES) MORE ORBS- 0 L BEING A PARCEL OF LAND LYING IN SECTIONS 11, 12, 13, AND 14, TOWNSHIP 50 c SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY in DESCRIBED AS FOLLOWS: CL BEGINNING AT THE SOUTHEAST CORNER OF FOREST GLEN OF NAPLES, ACCORDING g TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 31, PAGES 94 THROUGH 103 0 (INCLUSIVE) OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME J BEING THE NORTHEAST CORNER OF SECTION 11. TOWNSHIP 50 SOUTH, RANGE 26 a EAST, COLLIER COUNTY, FLORIDA: THENCE SOUTH 00°45'13" WEST, ALONG THE `o EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 11, A DISTANCE OF 1,356.42 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST a 1/4 OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST, SAID COLLIER COUNTY} FLORIDA, THENCE NORTH 87°47'32" EAST, ALONG THE NORTH LINE OF SAID o FRACTION, A DISTANCE OF 1,318.80 FEET TO THE NORTHEAST CORNER OF SAID ^! FRACTION, THENCE SOUTH 00°40'50" WEST, ALONG THE EAST LINE OF SAID o FRACTION, A DISTANCE OF 1,353.60 FEET TO THE NORTHEAST CORNER OF THE N WEST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 12; THENCE SOUTH 00°42'14" N WEST, ALONG THE EAST LINE OF LAST SAID FRACTION, A DISTANCE OF 2,707.26 FEET N TO THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF 00 SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST, SAID COLLIER COUNTY FLORIDA, THENCE SOUTH 00°39'29" WEST, ALONG LAST SAID FRACTION, A DISTANCE OF 1,345.37 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION: THENCE SOUTH c 87030'06" WEST, ALONG LAST SAID FRACTION, A DISTANCE OF 824.11 FEET TO A POINT ON THE BOUNDARY OF HACIENDA LAKES OF NAPLES, ACCORDING TO THE o PLAT THEREOF, AS RECORDED IN PLAT BOOK 55, PAGES 10 THROUGH 21 a (INCLUSIVE) OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY, FLORIDA: THENCE RUN THE FOLLOWING NINE (9) COURSES ALONG THE BOUNDARY OF SAID PLAT: c COURSE NO. 1: CONTINUE SOUTH 87°30'06" WEST, ALONG THE SOUTH LINE OF LAST c SAID FRACTION, A DISTANCE OF 504.61 FEET TO THE SOUTHWEST CORNER LAST a`, SAID FRACTION, THE SAME BEING THE SOUTHEAST CORNER OF THE NORTHEAST a 1/4 OF THE NORTHEAST 1/4 OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST* SAID COLLIER COUNTY, FLORIDA: COURSE NO.2: SOUTH 87°28'42" WEST, ALONG THE Ea) SOUTH LINE OF LAST SAID FRACTION, A DISTANCE OF 1,336.55 FEET: COURSE NO. 3: NORTH 00047'14" EAST, 671.39 FEET, COURSE NO. 4: SOUTH 87027'14" WEST, 668.22 a FEET: COURSE NO. 5: NORTH 00047'37" EAST, 671.11 FEET TO A POINT ON THE SOUTH C LINE OF SAID SECTION 11; COURSE NO.6: SOUTH 87°25'45" WEST, ALONG THE SOUTH E LINE OF SAID SECTION 11. A DISTANCE OF 668.16 FEET TO THE SOUTH 1/4 CORNER OF SAID SECTION 11, ALSO BEING THE NORTH 1/4 CORNER OF SAID SECTION 14; a COURSE NO. 7: CONTINUE SOUTH 87025'45" WEST, ALONG THE SOUTH LINE OF SAID of inn of 2014 0100 PL20210001766 Strike # text is deleted Underline text is added Page 41 of 42 ISIO Packet Pg. 1810 San Marino RPUD Last Revised: April August 18. 2022 17.C.2 SECTION 11. A DISTANCE OF 1,336.32 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 11; COURSE NO. 8: NORTH 00049'13" EAST, ALONG THE WEST LINE OF LAST SAID FRACTION, A DISTANCE OF 342.92 FEET; COURSE NO. 9: SOUTH 87°28'56" WEST, 1,235.95 FEET TO A POINT ON THE EAST RIGHT—OF—WAY LINE OF COLLIER BOULEVARD (COUNTY ROAD 951): THENCE NORTH 00050'45" EAST, ALONG SAID EAST RIGHT—OF—WAY LINE, A DISTANCE OF 3,785.08 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 11. THENCE NORTH 88004'51' EAST, ALONG THE SOUTH LINE OF LAST SAID FRACTION, A DISTANCE OF 1,234.37 FEET TO THE SOUTHEAST CORNER OF LAST SAID FRACTION; THENCE NORTH 00°49'48" EAST} ALONG THE WEST LINE OF LAST SAID FRACTION, A DISTANCE OF 1,371.98 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 11, THE SAME BEING A POINT ON THE BOUNDARY OF AFORESAID FOREST GLEN OF NAPLES PLAT: THENCE RUN THE FOLLOWING TWO (2) COURSES ALONG THE BOUNDARY OF SAID PLAT; COURSE NO. 1: NORTH 88017'57" EAST, ALONG THE NORTH LINE OF LAST SAID FRACTION, A DISTANCE OF 1,333.82 FEET TO THE NORTH 1/4 CORNER OF SAID SECTION 11: COURSE NO.2: NORTH 88°17'50' EAST, ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 11. A DISTANCE OF 2,667.29 FEET TO THE POINT OF BEGINNING. CONTAINING 35,876,756 SQUARE FEET OR 823.617 ACRES, MORE OR LESS. of inn of 2014 0100 PL20210001766 San Marino RPUD Last Revised: ^n�,29T6 August 18. 2022 Strike througl4 text is deleted c 0 as IL a� c 0 N M O M N N N N N O O d C� C C L Q IL Q Underline text is added Page 42 of 42 ISIQ Packet Pg. 1811 ORDINANCE NO. 15- 30 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2000-10, THE SAN MARINO PLANNED UNIT DEVELOPMENT, BY INCREASING THE MAXIMUM DWELLING UNITS FROM 352 TO 650; BY REMOVING THE GOLF COURSE USES; BY ESTABLISHING TWO DEVELOPMENT PARCELS AS PARCEL A AND PARCEL B; BY ADDING PERMITTED USES FOR PARCEL B; BY ADDING DEVELOPMENT STANDARDS FOR PARCEL B; BY ADDING DEVIATIONS; BY REVISING THE MASTER PLAN; BY REVISING DEVELOPER COMMITMENTS FOR THE PUD LOCATED ON THE EAST SIDE OF CR 951 APPROXIMATELY 1.5 MILES SOUTH OF DAVIS BOULEVARD IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA CONSISTING OF 235f ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PETITION PUDA- PL201400001001 WHEREAS, Alex Crespo, AICP of Waldrop Engineering and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, PA representing Stock Development and H & LD Venture, LLC, petitioned the Board of County Commissioners to amend the PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendments to the PUD Document, Exhibit A of Ordinance No. 2000- 10. The San Marino PUD Document, Exhibit A of Ordinance No. 2000-10, is hereby amended and replaced with Exhibit A attached hereto and incorporated herein by reference. SECTION TWO: Effective Date, This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 2015-A becomes effective. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this day of rylA 4 2015. [14-CPS-01347/1172984/1] 72 1 of San Marino PUD\PUDA-PL20140000100 Rev. 4/20/ 15 Packet Pg. 1812 17.C.3 ATTEST: DWIGIAT-FaMOCK, CLERK DepuClerk . o airman's Approved as to form and legality: Heidi Ashton-Cicko ,AVI, Managing Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LI-A Attachment: Exhibit A — San Marino PUD Document [14-CPS-01347/1172984/1] 72 2 of San Marino PUD\PUDA-PL20140000100 Rev. 4/20/ 15 TIM NANCE, Chairman This ordinance filed with the Secretary of State's Office IS jY—kday of _,.—.�, o4C� and acknowledgement of that filing received this � dey of B 0 M Packet Pg. 1813 17.C.3 SAN MARI N O RESIDENTIAL A -PLANNED UNIT DEVELOPMENT PREPARED FOR: TAMES D. VOGEL H & LD VENTURE, LLC IA�.AJ no -DOES 11145 TAM IAM I TRAIL EAST SUITE S NAPLES, FL 34103 34113 PREPARED BY: NGWALDROP ENGINEERING, P.A. 3050 NORTH HORcccuno,_,DRIVE, SUITE27028100 BONITA GRANDE DR., SUITE 305 NAPLES, FL 3 104 BONITA SPRINGS, FL 34135 RICHARD D. YOVANOVICH GOODRTTR CO EM N & jOHNSON, RA COLEMAN, YOVANOVICH & KOESTER, P.A 4001 TAMIAMI TRAIL NORTH, SUITE 300 NAPLES, FL 34103 P PUDA-PL-2014-0100 Stride -through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 0 T LO r Page 1 of 33 , Packet Pg. 1814 17.C.3 TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAL/GOLF COURSE AREAS PLAN SECTION IV PRESERVE AREAS PLAN SECTION V DEVELOPMENT COMMITMENTS SECTION VI DEVIATIONS FROM THE LDC PUDA-PL-2014-0100 Strike -through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 PAGE +2 43 44 -26 610 913 4320 4-4 22 27 Page 2 of 33 Packet Pg. 1815 17.C.3 LIST OF EXHIBITS EXHIBIT B EXHIBIT C PUD MASTER PLAN PER CCPC RESOLUTION 01-27 LEGAL DESGRIPT-1 PARCEL B PUD MASTER PLAN LEGAL DESCRIPTION PUDA-PL-2014-0100 Strifes -through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 0 M LO Page 3 of 33 Packet Pg. 1816 17.C.3 STATEMENT OF COMPLIANCE The development of approximately 235.3+/- acres of property in Collier County, as a Residential Planned Unit Development to be known as the San Marino RPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential uses and golf course facilities of the San Marino RPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is within the Urban Designation, Mixed Use District, Urban Residential Fringe Subdistrict Mixed Use DistriGt Land Use Designation as identified on the Future Land Use Map. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 5. The project development will result in an efficient and economical allocation of community facilities and services as required in Objective 2 POliGies 3.1.H and 3.1-1 of the Future Land Use Element. 6. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub -Element of the Public Facilities Element. 7. The 352 650 residential units on 235.3 acres will yield a projected density of 1.496 2.76 dwelling units per acre, which is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Base Density 1.5 dwelling units/acre Project Acreage 235.3 acres Maximum Permitted Base Density 1.5 dwelling units/acre Maximum Permitted Base Unit Count 352 dwelling units 0 M LO Bonus (TDR) Density 1.52 dwelling units/acre a Parcel B Acreage 196.4 acres Maximum Permitted Bonus (TDR)* Density 1.52 dwelling units/acre Maximum Permitted Bonus (TDR)* Unit Count 298 dwelling units PUDA-PL-2014-0100 Str4ke through text is deleted San Marino RPUD Underline text is added il\ Last Revised: April 17, 2015 Pa e 4 of 33 r Packet Pg. 1817 17.C.3 Total RPUD Acreage 235.3 acres Total RPUD Unit Count 650 dwelling units Total RPUD Density 2.76 dwelling units/acre Parcel A Acreage 39 acres Parcel A Unit Count 350 dwelling units Parcel A Density 8.97 dwelling units/acre Parcel B Acreage 196.4 acres Parcel B Unit Count 300 dwelling units Parcel B Density 1.52 dwelling units/acre * TDR = Transfer of Development Rights 8. All final local development orders for this project are subject to Section 6.02.00. Adequate Public Facilities, of the Collier County Land Development Code. 0 M LO r PUDA-PL-2014-0100 Str&e through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 Page 5 of 33 Packet Pg. 1818 P**0iEel V11l PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of San Marino RPUD. 1.2 LEGAL DESCRIPTION The subject property being 235.3+/- acres, and located in Section 11, Township 50 South, and Range 26 East, and is fully described on Exhibit "SC". 1.3PROPERTY OWNERSHIP The subject property is owned by: Property ID#: 00410760008 Minhael & Teresa u„r,+or Aventine of Naples, LLC 960 Meadow Lark Ave-. 1427 Clarkview Road, Suite 500 Miami Springs, Flerida 33166 Baltimore, MD 21209 Property ID #: 00410640005 H & LD Venture, LLC PUDA-PL-2014-0100 Str4ke through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 Page 6 f 33r Packet Pg. 1819 17.C.3 11145 Tamiami Trail E. Naples, Florida 34104 34113 Property ID #: 00410840009 Clyde G. Quinby, Trus _H & LID Venture, LLC 11145 Tamiami Trail E. Naples, Florida 34105 34113 Property ID#: 00410880001 H & LID Venture, LLC 11145 Tamiami Trail E. Naples, Florida 34105 34113 Property ID#: 00411240006 Clyde G. Quinby, Trus H & LID Venture. LLC 3785 Airport PUl'iRg Road North 11145 Tamiami Trail E. Naples, Florida 34105 34113 Property ID#: 00411320007 Andrew j. Saluan, Trustee H & LID Venture, LLC 4173 DernestiG Avenue 11145 Tamiami Trail E. Naples, Florida -34104 34113 Property ID#: 00411440000 Andrew j. SaluaR, Trustee H & LID Venture, LLC 4173 n,,,, eSti„ Avenue 11145 Tamiami Trail E. Naples, Florida 34104 34113 Maria V. BORvie H & LID Venture, LLC 11145 Tamiami Trail E. Fort Myers, Flericla 33 Naples, Florida 34113 Property ID#: 00410960002 Frank UrzK H & LID Venture LLC 11145 Tamiami Trail E. Miami, Florida 33160 Naples Florida 34113 Property ID#: 00411200004 T. Maloney H & LID Venture�LLC P.O. Box 8 11145 Tamiami Trail E. PUDA-PL-2014-0100 Sough text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 0 M LO r Page 7 of 33 Packet Pg. 1820 17.C.3 Naples, Florida 34101 34113 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the east side of County Road 951 approximately one and one-half (1.5) miles south of the intersection of Davis Boulevard (State Road 84) and County Road 951, unincorporated Collier County, Florida. B. The entire project site currently has °^ri^ultural Zening with a Special Treatment (ST) Overlay and is proposed to be rezened te Planned Unit Development (PUD) Zoning. 1.5 PHYSICAL DESCRIPTION 0 Generally the undeveloped site vegetation consists of pine and pine/cypress T LO forest with varying degrees of exotic coverage.flatweeds. The GaneP11,1 11prederninantly S ash Pine with MeialeUGa iRvasien. There 06 Gypress intermingled L with pine. The site as b n^�overgrown wTCh exotic vegetation. State c jurisdictional wetlands are located within the site boundaries. Listed I� species including butterfly orchid (Encyclia tamaensis) and hand fern (Oahioglossum palmatum) have Rot been were observed on the property. IT The project site is located within the County Road 951/Henderson Creek Canal Drainage Basin. Stormwater runoff from the site historically sheet flows south and west to the existing County Road 951/Henderson Creek Canal, which runs parallel to County Road 951 on the east side of the road. Once storm water enters the canal, it is routed to the south ultimately discharging into Rookery Bay. Elevations within the project range from lows of 9.0 National Geodetic Vertical Datum (NGVD) within man-made drainage ditches to 12.5 NGVD in the spoil pile created by the construction of the County Road 951/Henderson Creek Canal. Natural grades range from 9.0 Ft NGVD to 11.5 Ft NGVD. The entire site is located within Flood Zone X" with no base flood elevation designated. PUDA-PL-2014-0100 Strike through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 Page 8 of 33 Packet Pg. 1821 17.C.3 According to the Collier County Soil Legend, dated January, 1990, there are four (4) types of soils found within the limits of the property: Chobee, limestone substratum and Dania Mucks depressional Hallandale fine sand Pinede fine sand, limestone substratum Boca fine sand 1.6 PROJECT DESCRIPTION The San Marino RPUD is comprised of two (2) separate development parcels delineated on the PUD Master Plan as Parcels "A" and "B". Parcel "A" is approximately 39 acres and is built -out with 350 multi -family dwelling units, accessory recreational facilities, supportive infrastructure, and preserve. Parcel "B" is approximately 196.4 acres and will develop as a residential community with a maximum of 300 dwellina units.' ._ -- - - - -• - - - re e 1.7 SHORT TITLE o M LO This ordinance shall be known and cited as the "San Marino Residential Planned r Unit Development Ordinance". o PUDA-PL-2014-0100 Strike through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 Pa e 9 of 33 Packet Pg. 1822 17.C.3 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the San Marino RPUD shall be in accordance with the contents of this document, RPUD Residential Planned Unit Development and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, the provisions of the most similar district in the Land Development Code Shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the San Marino RPUD shall become part of the regulations, which govern the manner in which the RPUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this RPUD remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Di Section 6.02.01, Adequate Public Facilities of the Collier County Land Development Code. This review will occur at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat and Construction Plan approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF THE PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 352 650 dwelling units shall be constructed in the residential areas of the project area. The gross project area is 235.3 acres. The gross project density shall be a PUDA-PL-2014-0100 text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 Page 10 of 33 Packet Pg. 1823 17.C.3 maximum of 1.496 1.5_units per acre of base density (352 dwelling units). and 1.52 units per acre (298 dwelling units) via TDRs. The 1.52 units per acre via TDRs is applicable to Parcel B only. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. The general configuration of the land uses is illustrated graphically on Exhibit "A" PUD Master Plan and Exhibit B, `"'hiGh GORStit tee the required PUD Development P a-n. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, DiViSi^n 3.2Section 10.02.04 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. B. The provisions of Division 3.3 Section 10.02.03, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said D+visiea3.3 10.02.03 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of the proposed infrastructure improvements. These instruments will provide for appropriate infrastructure dedications and the methodology for providing perpetual maintenance of common facilities. 2.6 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 5.04.04 of the Collier County Land Development Code, except where a deviation is permitted in Section IV of this PUD Document. B. Temporary sales trailers and construction trailers can be placed on the RPUD site after Subdivision Plan or Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.4 5.04.03 of the Land Development Code. PUDA-PL-2014-0100 Str4ke through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 Page 11 of 33 Packet Pg. 1824 17.C.3 2.87 OFF-STREET PARKING AND LOADING REQUIREMENTS As required by Division 2.3 Section 4.05.04 of the Land Development Code in effect at the time of building permit application. 2.198 OPEN SPACE REQUIREMENTS A minimum of sixty percent (60%) open space, as described in Section ''�24.07.02 of the Land Development Code. 2.4-09 LANDSCAPING AND BUFFERING REQUIREMENTS As required within Division 2.4 of the Collier County Land Development Code, exGep a a that required landSGaping for the RPUD perimeter buffers IGGated within Genseiwatlon c Areas may be FelOGated within other areas of the Cc)nseFvat*en Areas, with approval E)f 'c O the County nits no Ar iteGt at the time of the t orit RaR apprn�iol N tArrcT.rF.apc-rci �rccc,Z arm�ti Site r v u. Where preserves are used to satisfy buffer requirements, they may be supplemented with native vegetation where existing native vegetation in the preserve does not provide N adequate buffers. If landscape buffers are determined to be necessary adjacent to 0 conservation areas, they shall be separate from conservation areas. LO T r 2.440 ARCHITECTURAL STANDARDS All buildings, signage, landscaping, and visible architectural infrastructure shall be architecturally and aesthetically unified within each Parcel. Said unified architectural theme shall include: a similar architectural design and use of similar materials and light colors throughout all of the buildings, signs, and fences/walls to be erected on the entire subject parcel, except for decorative trim. Landscaping and streetscape materials shall also be similar in design throughout the subject site. An architectural plan shall be submitted concurrent with the first application for the Site Development Plan approval demonstrating compliance with these standards. Parcels "A" and "B" are not required to be architecturally and aesthetically unified. 2.121 SIGN STANDARDS Signs shall be permitted as allowed within Division 2.6 Section 5.06.02 of the Collier a County Land Development Code except where a deviation is permitted in Section IV of this PUD Document. PUDA-PL-2014-0100 Strike-thmug# text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 Page 12 of 33 Packet Pg. 1825 17.C.3 SECTION III RESIDENTIAL/GOLF COURSE AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Residential/Golf Course Areas as shown on Exhibit "A", PUD Master Plan and Exhibit "B", Parcel B PUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 352 650 units. A maximum of 350 dwelling units are permitted within Parcel "A", and a maximum of 300 dwelling units are permitted within Parcel "B". 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. PARCEL A Permitted Principal Uses and Structures: 1. Multi -family dwellings. 2. Golf courses. 3. Community centers/clubhouses. 4. Any other principal uses deemed comparable in nature by the Development SeNieesDiFeG-tOr Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the Land Development Code L( DC). B. PARCEL A Permitted Accessory Uses and Structures: 1. Customary accessory residential uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, children's playground areas, tot lots, walking paths, picnic areas, recreation buildings, health club/spa, and basketball/shuffle board courts. 3. Managers' residences and offices, rental facilities, and model units. 4. Water management facilities and related structures. 5. Essential services, including interim and permanent utility and a maintenance facilities. 6. Gatehouse. PUDA-PL-2014-0100 Strike through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 Page 13 of 33 Packet Pg. 1826 17.C.3 7. Clubhouse, pro -shop, offices, cart storage facility, practice putting greens, driving ranges and other customary accessory uses of golf courses. 8. Child-care facilities for on -site residents and their children. 9. Small commercial establishments including gift shops, golf equipment sales, restaurants, cocktail lounges and similar uses, intended to exclusively serve patrons of the golf course or other permitted recreational facilities. 10. Any other accessory use deemed compatible by the DeveloprnepA Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the Land Development Code C. PARCEL B Permitted Residential Principal Uses and Structures: 1. Single family detached dwelling units 2. Single family zero lot line units 3. Two-family, duplex dwelling units 4. Anv other Drincipal and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the Land Development Code (LDC). D. PARCEL B Permitted Residential Accessory Uses and Structures: 1. Customary accessory uses and structures including garages. N 2 Swimmina pools spas screen enclosures, sheds/structures o similar in nature. LO 3 Open space uses and structures such as but not limited to, boardwalks - nature trails, bikeways, gazebos, boat and canoe docks, fishing piers, o picnic areas fitness trails and shelters. e 0 4 Model homes, model home sales centers. and sales trailers. including offices for proiect administration, construction, sales and marketing, as well as resale and rental of units. 6. Any other accessory use and related use that is determined to be m comparable to the foregoing by the Board of Zoning Appeals. pursuant to the process outlined in the Land Development Code E E. PARCEL B Permitted General Uses and Structures 1. Community recreation clubhouse indoor and outdoor fitness facilities, pool spa, dining facilities, sport courts, picnic areas, community administration, maintenance buildings recreational amenities and other similar uses designed for use by all residents and guests shall be permitted throughout the PUD, all designed to serve the residents and their auests. PUDA-PL-2014-0100 Str4ke through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 Pa e 14 of 33 Packet Pg. 1827 p�� 17.C.3 Development Standards: Residential Tract Setback: 20' Front Yard Setback: 15' Side Yard Setback: 10', except where adjacent to preserve Rear Yard Setback: 10', except where adjacent to preserve Waterbody Setback: 0' from Lake Maintenance Easement or bulkhead PUD Boundary Setback: 100' for any recreational buildings *No setback is required adjacent to the FPL easement. Maximum height for Clubhouse(s1: Zoned: 50' Actual: 65' Maximum height for other structures_ : Zoned: 45' Actual: 55' 2. Community structures such as guardhouses, gatehouses, fences, walls. columns, decorative architectural features, streetscape, passive parks, and access control structures shall have no reauired setback, except as listed below, and are permitted throughout the PUD; however such structures shall be located such that they do not cause vehicular stacking into the road right- of-way to create site distance issues for motorists and pedestrians. Maximum height for Guardhouses/Gate_houses: o Zoned: 30' LO Actual: 35' Setbacks: PUD Boundary: 15' except fences, walls, and architectural features shall have no setback, except that which is adequate to provide landscaping on the exterior side of the wall, if required. 3.4 DEVELOPMENT STANDARDS A. Parcel A Minimum Yards: Front yard setbacks shall be measured from the adjacent right-of-way line if the parcel is served by a public or private right-of- way, from the edge of the pavement if the parcel is served by a non -platted drive, or from the road easement or property line if the parcel is served by a platted private drive. Principal Structures: PUDA-PL-2014-0100 SWke threug# text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 Page 15 of 33 Packet Pg. 1828 17.C.3 (a) Yards along County Road 951 Canal Right -of -Way —Seventy-five (75) feet for one (1) and two (2) story structures and one hundred fifty (150) feet for three (3) story structures: (b) Yards from all other perimeter PUD boundaries —One half (1/2) the height of the structure but not less than twenty-five (25) feet. (c) Yards from back of curb or edge of vehicular pavement — Fifteen (15) feet. (d) Yards from the Preserve Area —Twenty-five (25) feet. (e) Yards from the lake- Twenty (20) feet (measured from the control elevation for the lake). 2. Accessory Structures: (a) Carports and garages are permitted within parking areas. (b) Yards from the perimeter PUD boundaries- One half (1/2) the height of the structure but not less than fifteen (15) feet. (c) Yards from any principal structures — Ten (10) feet, except for swimming pools and screen enclosures which have none. B. Parcel A Distance Between Principal Structures: Between one (1) story and one (1) story structures - One half (1/2) the sum of their heights but not less than ten (10) feet. 2. Between one (1) story and two (2) story structures - One half (1/2) the N sum of their heights but not less than fifteen (15) feet. o M r 3. Between one (1) story and three (3) story structures- One half (1/2) the sum of their heights but not less than twenty (20) feet. 4. Between two (2) story and two (2) story structures- One half (1/2) the sum of their heights but not less than twenty (20) feet. 5. Between two (2) story and three (3) story structures- One half (1/2) the sum of their heights but not less than twenty-five (25) feet. 6. Between three (3) story and three (3) story structures — One half (1/2) the sum of their heights but not less than thirty (30) feet. C. Parcel A - Minimum Floor Area: 1. One -bedroom residential units — Six hundred (600) square feet. 2. Two -bedroom residential units — Eight hundred (800) square feet. 3. Three -bedroom or larger residential units — One thousand (1000) square feet. PUDA-PL-2014-0100 Str4ke-thmug# text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 Page 16 of 33 Packet Pg. 1829 17.C.3 D. Parcel A - Maximum Height: For principal structures forty (40) feet or three (3) stories, whichever is the most restrictive. E. Parcel B — Development Standards STANDARDS SINGLE FAMILY ZERO LOT LINE TWO FAMILY AND DUPLEX DETACHED Minimum Lot Area Minimum Lot Width *3 50 feet 40 feet_ft Min. Lot Depth 100 feet 100 feet of t Min. Front Yard Setback *1 & *2 20 feet 20 feet 20 fe& Min. Side Yard Setback 5 feet 0 feet 0 or 5 feet *4 Min. Rear Yard Setback *5 & *6 10 feet 10 feet _10 feed Maximum Building Height Z n Actual 35 feet 40 feet 35 feet .40iget 35 feet met Minimum Distance Between 10 feet 10 feet 0/10 feet 4 Principal Structures Min. Preserve Setback 25 feet 25 feet 25-fe-et PUD Boundary Setback *6 & *7 15 feet 15 feet Hemet ACCESSORY STRUCTURES SINGLE-FAMILY ZERO LOT LINE TWO-FAMILY AND DUPLEX DETACHED Min Front Yard Setback *1 & *2 SPS SIPS SPS Min. Side Yard Setback f5 eet Ueet 5jeej *4 Min Rear Yard Setback *5 & *6 5 fjef met 5 feet Min. Preserve Setback 1_4 feet !Q-fe-et�� Minimum Distance Between 10 feet Structures Maximum Height Zoned Actual SP SPS BPS SPS P D Boundary t k* *7 -$-P—S ASP SPS PUDA-PL-2014-0100 Str4ke through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 a 0 a 0 S �L 0 2 c M Cn c0 ti 0 0 0 N 0 N J d c 0 r a) a 0 N M 0 M 0 Cl? LO O 0 c �L 0 2 c M Cn m c 0 E �a a r c as E U 2 Q Page 17 of 33 Packet Pg. 1830 17.C.3 SIPS — Same as Principal No setback is required adjacent to the FPL easement areas. Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area. shall define th development standards to be aDDlied by the Growth Manaaement Division durina an application for a buildina Dern Q *1 — Front yards shall be measured as follows: A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way a line. o0 B_. 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). Q. For corner lots, only one (1) front yard setback shall be required. The yard that does not contain the C driveway/vehicular access to the residence shall provide 10' setback. N m m *2 — Single-family dwellings, as defined in the LDC, which provide for two parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce the front yard requirement to 10 fee o for a side entry garage. Front loaded garages shall be a minimum of 23 feet from the edge of sidewalk. 0 N 0 " —Minimum lot width may be reduced by 20% for cul-de-sac lots and 50% for flag lots provided the minimum to CN a area requirement is maintained. c *4 — Building distance may be reduced at garages to a minimum of 0' where attached garages are provided and a 10' minimum building separation is maintained, if detached. a *5 -Rear yards for principal and accessory structures on lots and tracts which abut lakes and open spaces. .o Setbacks from lakes for all principal and accessory uses may be 0 feet Drovided architectural bank treatment is incorporated into design and subject to written approval from the Collier County Engineering Review N Sactim M 0 *6 - Landscape Buffer Easements and/or Lake Maintenance Easements shall be located within open space tracts or N lake tracts and not within a platted residential lot Where a home site is adjacent to a Landscape Buffer c Easement or Lake Maintenance Easement within open space tracts or lake tracts, the principal and accessory structure setback on the platted residential lot may be reduced to zero (0) feet where it abuts the LO easement/tract. Nothing in this RPUD shall diminish the riparian rights nor prohibit a property owner from use 0 of buffer or lake maintenance easements/tracts for recreational purposes, including but not limited to docks, o fishing walking etc.,which are not inconsistent with the purpose of the tract/easement Where a bulkhead is •� L constructed, no intervening easement or maintenance tract shall be required by this RPUD. *7 - No setback is required for fences or walls, except to provide area for landscaping on the exterior side of to the wall, if required. op nepc. i+ C E. 0 E The dens'rt n all pwGels threulghou+ the DI In shall he at loon+ 1.49 rlwa ire V u nits per onre i plee- the o��iner of n parrs provides ei-prcrv�v�crr-�}Bcrc� ��iri++en fine +o (`Allier Q an��--uvr�-zrn�—�r�c-vvrr� County DevelopmeRt SePV*Ges that he aGGept a lower density on his o r eF she will C �Ct-: e E � V R PUDA-PL-2014-0100 Strip# text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 r Q Page 18 of 33 Packet Pg. 1831 17.C.3 E. Parcel B Minimum Project Requirements & Design Standards Development in Parcel B must provide the following: 1. Resort -style swimming pool 2. Clubhouse with fitness center 3. Tennis court or bocce ball court 4. Gated entry 5. Cement or slate tile roof or approved equivalent 6. Concrete pavers at project entrance/exit. 0 M LO PUDA-PL-2014-0100 Strip# text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 Page 19 of 33 Packet Pg. 1832 17.C.3 SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A", RPUD Master Plan. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. PARCEL A Permitted PrinGipal Uses and Structures Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves. and wildlife saRGtuaries. 5. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, may be approved after Planning Services Environmental Staff review. All supplemental plantings within the Preserve Areas shall be 100% indigenous native species and may meet the minimum planting criteria set forth in Section 3.9.5.5.4 of the Land Development Code. 6. Any other use deemed comparable in nature by the Development SerViGes DireGtGF Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the Land Development Code B. PARCEL B Permitted Uses and Structures 1. Passive recreational areas. 2 Biking hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves. 5 Shelters without walls, educational kiosks and viewing platforms. 6. Benches 7. Educational sianaae and bulletin boards located on or immediately adjacent to the pathway. PUDA-PL-2014-0100 Str4ke through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 Page 20 of 33 Packet Pg. 1833 17.C.3 8. Any other use deemed comparable in nature by the Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the Land Development Code (LDC). PUDA-PL-2014-0100 Stf*e through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 0 M Page 21 of 33 Packet Pg. 1834 17.C.3 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this section is to set forth the commitments for the development of the San Marino Cab RPUD. WWI I e I I ATME■- - - - - -MINNOW ■ ■. 5.32 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan approved per Ordinance 2000-10 and CCPC Resolution 01-27 illustrates the wed existin development in Parcel A. a -Rd T LO is GGRGeotual+,, na Exhibit "B", Parcel B Master Plan, illustrates the r proposed development in Parcel B, and is conceptual in nature. Proposed area, o lot or land use boundaries of special land use boundaries shall not be construed C to be final and minor changes may be made at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the 2 provisions of Section 2.7.2.5 Section 10.02.13 of the Collier County Land Development Code, amendments may be made from time to time. 00 w B. All necessary easements, dedications, or other instruments shall be granted to 0 insure the continued operation and maintenance of all service utilities and all common areas in the project. PUDA-PL-2014-0100 Str+ke through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 Page 22 of 33 Packet Pg. 1835 17.C.3 5.43 SCHEDULE OF DEVE C)PMEN TPUD MONITORING Q,OT 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 amendment approval dated 2014, the Managing Entity is H & LID Venture LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal 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. 5.7-4 UTILITIES PUDA-PL-2014-0100 Strike through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 'a 0 a Page 23 of 33 Packet Pg. 1836 17.C.3 - - - - -- - e• - - •e - - G. Sewage system conneGtmen when interim sewage treatment plant utilized: The location is not possible or warranted. 5.85 TRAFFIC A. The applicant shall install arterial level street lighting at the project entrances, prior to the granting of any Certificates of Occupancy for the project. B. The applicant shall provide, if required by Collier County Transportation Services, both a northbound right turn lane and a southbound left turn lane at the project entrances, which shall be constructed during the construction of the project's access driveways onto County Road 951. 9-C. Future lnteFGonneGtions to and shared aGGess with abutting properties shall be established where phySiGally possible and finanGially A potential PUDA-PL-2014-0100 Str*e-through text is deleted San Marino RPUD Underline text is added Last Revised. April 17, 2015 Page 24 of 33 Packet Pg. 1837 17.C.3 vehicular interconnection to the agriculturally zoned property to the north may be provided if a mutual agreement is reached with the owners to address coordinated design, and responsibility for permitting. construction and maintenance costs, and other applicable access considerations, including any bridge and turn lane improvements. At the time of subdivision plat for the first phase of development, the developer must provide staff with documentation of their efforts to establish the interconnection in the form of a certified letter to the adjacent property owner. D. The development shall be limited to a maximum of 4_93_ Two-way unadjusted PM Peak Hour trips. E. The Owner, its successor, or assign(s) agrees to provide proportionate fair share payment to Collier County for a traffic signal and appurtenances at any proiect entrance, when and if warranted. F. New driveway connections for the development of Parcel B must align with existing directional median opening, approximately 800'+ south of the Northerly property line. 5.96 PLANNING A psp.,„t to SeGt*.,n 2 2 25.8 1—of the La„CoevelopmeRt Code, Of If during the course of site clearing, excavation or other construction activity a historic, or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. B. TDR credits shall be utilized in accordance with the requirements of LDC Section 2.03.07.D.4.a, except for the specific requirements affected by Section VI, LDC Deviation No. 1. C. A maximum of 650 dwelling units are permitted in the RPUD, of which 352 units are derived from the allowable base density and 298 units are derived from TDR credits. All residential density above the base density shall be derived from TDR credits severed and transferred from RFMUD Sending Lands consistent with the provisions of the Collier County Growth Management Plan. D. Commencina with submittal of the first development order that utilizes TDR credits, a TDR calculation sheet shall be submitted documenting that the developer has acquired all TDR credits needed for that portion of the development. The calculation sheet tracks the chronological assignment of TDR credits with respect to all subsequent development orders until the maximum density allowed by the utilization of TDR credits has been reached (all TDR credits allowing residential development reach a zero balance). PUDA-PL-2014-0100 S#i#e-thmug# text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 a 0 a 0 �L C� G Cn ti O 0 0 N O N J d 0 r m a .E 0 N M O M 0 Cl? LO L 0 0 c m c E a E U Q Page 25 of 33 Packet Pg. 1838 17.C.3 5.4-07 ENVIRONMENTAL •- - -- - - •- - - • - - - - - r • • • _ - r.721M 20W. • _ _ _ r • I _ _ - - • • _ _ _ _ _ _ _ : • - • • _ _ _ PUDA-PL-2014-0100 Str4ke through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 Page 26 of 33 Packet Pg. 1839 17.C.3 SECTION VI DEVIATIONS FROM THE LDC 1. Deviation (1) from LDC Section 2.03.07D.4.a, which reauires TDR credits to be redeemed at a rate proportional to percentage of the PUD approved gross density o that is derived through TDR credits and TDR Bonus credits to allow for use of the a PUD's base density prior to the redemption of TDR credits. 0 •L The following deviations are applicable to Parcel B only: 2. Deviation (2) from LDC Section 6.06.02.A.2, Sidewalks, Bike Lane and Pathway c in Requirements, which requires sidewalks which are internal to the development to be constructed on both sides of local streets, to allow a 6'-wide sidewalk on one side of o the street only for streets with homes_ on one side of the street and to allow a 6'-wide g sidewalk on one side of the main entry road. One canopy tree (or canopy tree o equivalent shall be provided per 30 linear feet_ of sidewalk. Canopy trees located within J 10 feet of the sidewalk may count towards a sidewalk canopy tree. a 0 3. Deviation (3) from LDC Section 6.06.01.N. Street System Requirements and Appendix B. Typical Street Sections and Right -of -Way Design Standards which establishes a 60 a- foot wide local road, to allow a minimum 40 foot wide local road. 0 4. Deviation (4) from LDC Section 5.03.02.C. Fences and Walls, which permits a N maximum wall height of 6 feet in residential zoning districts. The requested deviation is to allow a maximum wall height of 8 feet throughout the developmentand a 12-foot tall N wall, berm or combination wall/berm along Collier Blvd. o M 5. Deviation (5) from LDC Section 5 04 04.B 5 Model Homes and Model Sales Centers, to which permits a maximum of five (5) model homes, or a number corresponding to 0 ten (10) percent of the total number of platted lots, whichever is less. per platted 0 approved development prior to final plat approval The requested deviation is to allow for a maximum of six (6) model homes per development tract, not to exceed 17 2 model homes within the overall RPUD. As part of the application material for every cn building permit for a model home, the developer shall provide documentation statina CO how many model homes are in existence so that the maximum of 17 model homes is not exceeded. E 6. Deviation (6) seeks relief from LDC Section 5 04 06.A.3.e which allows temporary a signs on residentially zoned properties up to 4 square feet in area or 3 feet in height. The requested deviation is to allow a temporary sign or banner up to a maximum of 32 square feet in area and a maximum of 8 feet in height. The temporary sign or banner shall be limited to 28 days per calendar year. Q 7. Deviation (aseeks relief from LDC Section 5.06.02.13.6, which permits two (2) around signs per entrance to the development with a maximum height of 8' and total sign area of 64 s f The requested deviation is to allow_ for two (2) around signs per project entrance with a maximum height of 10' and total sign area of 80 s.f. per sign. PUDA-PL-2014-0100 SWke through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 Page 27 of 33 Packet Pg. 1840 17.C.3 8. Deviation (8) seeks relief from LDC Section 4.06.02.C. Buffer Requirements, which requires a fifteen foot (15') Type "B" landscape buffer where single-family residential uses are proposed adjacent to multi -family residential_ uses, to allow a ten foot (10 Type "B" buffer where proposed single-family dwellings in the San Marino RPUD are adjacent to multi -family dwellings in the Willow Run RPUD along the southern and eastern property lines, and where proposed single-family dwellings are adjacent to multi -family dwellings in Aventine at Naples to the south. PUDA-PL-2014-0100 text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 0 M LO Page 28 of 33 Packet Pg. 1841 EXHIBIT A 17.C.3 PUD MASTER PLAN PER CCPC RESOLUTION 01-27 t fi �SS _. ...�-..�.-�..-.-«. go Noma +r k _ 1°� r��►�k��ri I to k; to r ♦ ► ► o to to y' to to k' to to to to kr ks i kr # ►Y k� t to to to �,�� r r � t r ♦ s w k k k toto k k k t� k k ► ` k —Z MOW—e- �nasa.:s ' ••• E,9411" 'Ar PUDA-PL-2014-0100 text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 Page 29 of 33 Packet Pg. 1842 EXHIBIT B PARCEL B PUD MASTER PLAN 17.C.3 f1n -1a �m� m� z� ;1 1m D OpN m C 25 �Q�z pyp OC N1n;m myZ v2 O�1Ny;�y pC C-Z C1�y ,n ,0 si' Ry�y7 -i Ayfp�nT1 {� M. (�zz W OL7ZOZ rOr C Cmr T_i �1Z 4yC Tli lils a.A % Z _i p Cm CUn �Ofn yvCi-lm InM T OTO�?N�A CC v� W� '8t m� Cp CpZ n 0O-iz IT Co�Sz ��1177 tlJ,0- mTgC RI> 11 �m -4p T1 5 DC O 8o mZo m� C i COLLIER BLVD/CR951 z- g< Dv m 90MS'W".R mm mo m 1 RpA1 <D dl mN me z m m r Fom mm s m x pc -m c � g W _Z— _ z Z NSA z �� m O�1zc� i� 6g my W z _ �z g� oTm° 6 mm °�'� � a mP ` ,n�0 o_ So X mcmi ; a 0 A m �t m n A m I g z �o z Z °o m z� Z 10 TYPE W r1FFFR r v W / Y z r'I zo C 1 0 C,m� p m sj ,gym pz p o G) F1 _ ?�Om Z ♦ ♦ -:�pZ � I i J. ',. tzD O m l i ��Cr A (p-": Sc CW d p Z C: m N C W Z)� A 1 11 \ I E'.' RED o �] T iR X C ffnn O AxO- tnZm w W 1 Z Z (1) C fn c Z Z p C� 6 ? z CpC O -m ';pU rmo yAO < ?{m a AZ U) m ` m Z g r m m OZ m z m -I r ORIGINAL SUBMITTAL: ON13114 pap O A PLAN REVISIONS SAN MARINO ( ' 'ENGINEERING CLIENT: H & LD VENTURE, L.L.C. PARCEL "B' PUD MASTER PLAN EXHIDTT B rlwm.rw.wr-.1Rw rw.rrw,Ru.w .il RI W m m m 3 1m- m r D a m r W rm- y� y O y i r W � D� D AO < D � � r Z c 5 5 m v7 0 0 0� " m z � to < p tCil rn m � m rn c m H V p 4+ C �1 t0 N � �I N m ff H NW1 t0 C C H H OdDB/14 REVISED PER COUNTY COMMENTS 11l1?/74 REVISED PER COUNTY COMMENT9 Of(09H5 REVISED PER COUNTY COMMENTS C1JBd15 REVISED PER COUNTY COMMENTS DNidi5 REVISED PER COUNTY COMMENTS EXHIBIT C PUDA-PL-2014-0100 StfilEe-through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 Page 30 of 33 Packet Pg. 1843 17.C.3 LEGAL DESCRIPTION DESCRIPTION AS SUPPLIED BY THE CLIENT {D-�) THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. {1-2-} THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA. fD-3) THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. P-4} THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OD-5) THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LESS THE WEST 100 FEET FOR ROAD RIGHT-OF-WAY. OD-63 THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LESS THE WEST 100 FEET FOR ROAD RIGHT-OF-WAY. 9B- THE NORTH 1/2 OF SOUTH 1/2 OF SOUTHWEST 1/4 OF NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LESS THE WEST 100 FEET FOR ROAD RIGHT- OF-WAY. P-9) THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 11, COLLIER COUNTY, FLORIDA. SUBJECT TO: THE RIGHT OF WAY TO SR 951 AND TO A FLORIDA POWER AND LIGHT COMPANY EASEMENTS. P-93 THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 PUDA-PL-2014-0100 Stroke through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 0 M LO r Page 31 of 33 Packet Pg. 1844 17.C.3 OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO: THE RIGHT OF WAY EASEMENT TO SR 951 AND TO A FLORIDA POWER AND LIGHT COMPANY EASEMENTS. (D-10) THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: LESS AND EXCEPT THE WEST 100 FEET FOR C.R. 951 RIGHT-OF-WAY. (D 11) THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLLIER COUNTY FLORIDA. LESS THE WEST 100 FEET. (D-12) THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LESS AND EXCEPT THE WEST 100 FEET FOR C.R. 951 RIGHT-OF-WAY. (D-13) THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (D-14) THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 LESS THE WEST 30 FEET AND THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 LESS THE EAST 30 FEET. BEING PART OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA. NOTES: BEARINGS ARE BASED ON THE WEST LINE OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AS BEING N00*48*E. WHICH IS NORTH AMERICAN DATUM OF 1983, 1990 ADJUSTMENT. STATE PLANE PUDA-PL-2014-0100 Str4ke through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 0 M LO r Page 32 of 33 Packet Pg. 1845 17.C.3 COORDINATE SYSTEM FOR THE FLORIDA EAST ZONE. PARCEL CONTAINS 10.250.859 SQUARE FEET OR 235.33 ACRES, MORE OR LESS. PUDA-PL-2014-0100 text is deleted San Marino RPUD Underline text is added Last Revised. April 17, 2015 0 M LO r Page 33 of 33 , Packet Pg. 1846 17.C.3 PLORIDA DEPARTMENT Of STATE RICK SCOTT Governor May 15, 2015 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Teresa L. Cannon, BMR Senior Clerk Dear Mr. Brock: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 15-30, which was filed in this office on May 15, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb 0 M LO R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us Packet Pg. 1847 17.C.4 ORDINANCE NO. 14- 3 5 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND Q DEVELOPMENT CODE, WHICH ESTABLISHED THE o COMPREHENSIVE ZONING REGULATIONS FOR THE a UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY c AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY a CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL ZONING DISTRICT (A), A RURAL AGRICULTURAL ZONING CO DISTRICT WITH AN ST OVERLAY (A-ST), A RURAL AGRICULTURAL ZONING DISTRICT WITH A RURAL FRINGE 0 MIXED USE SENDING LANDS OVERLAY AND NATURAL o RESOURCE PROTECTION OVERLAY (A-RFMUD-NRPA), AND AN J AGRICULTURAL ZONING DISTRICT WITH A RURAL FRINGE a MIXED USE SENDING LANDS OVERLAY AND SPECIAL o TREATMENT OVERLAY AND NATURAL RESOURCE PROTECTION r AREA OVERLAY (A-RFMUD-ST-NRPA) TO A RESIDENTIAL a PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO ALLOW UP TO 590 DWELLING UNITS FOR A PROJECT TO BE o KNOWN AS THE WILLOW RUN RPUD ON PROPERTY LOCATED ^! AT 9220 COLLIER BOULEVARD IN SECTIONS 11, 12, 13 AND 14, o TOWNSHIP 54 SOUTH, RANGE 26 EAST, COLLIER COUNTY, M N FLORIDA CONSISTING OF 559f ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PUDZ-PL20130000682) "' v WHEREAS, D. Wayne Arnold of Q. Grady Minor and Associates, P.A., representing Joseph D. Bonness, III, as Trustee for the Willow Run Land Trust, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Zoning Classification. The zoning classification of the herein described real property located in Sections 11, 12, 13 and 14, Township 50 South, Range 26 East, Collier County, Florida is changed from a Rural Agricultural Zoning District (A), a Rural Agricultural Zoning District with an ST Overlay (A- ST), a Rural Agricultural Zoning District with a Rural Fringe Mixed Use Sending Lands Overlay and Natural Resource Protection Overlay (A-RFMUD-NRPA), and an Agricultural Zoning District with a Rural Fringe Mixed Use Sending Lands Overlay and Special Treatment Overlay and Natural Resource Protection Area Overlay (A-RFMUD-ST-NRPA) to a Residential Planned [ 13-CPS-01255/85207811127 Willow Run RPUD- PUDZ-PL20130000682 Page 1 of Rev. 8113114 Packet Pg. 1848 17.C.4 Unit Development (RPUD) Zoning District for a 559t acre parcel to be known as the Willow Run RPUD 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 No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State, PASSED AND DULY ADOPTED by sup r-majority vote of the Board of County Commissioners of Collier County, Florida, this J_�r4�k day of � ,ri �.{.� , 2014. ATTEST DWIGHT E. BROCK, CLERK By: �, Aitest D Approved as to form and legality: N BOARD OF COUNTY COMMISSIONERS YA L M H >di Ashton-Cicko 0 Managing Assistant County Attorney r- Attachments: Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Plan (5 pages) Exhibit D — Legal Description Exhibit E — List of Requested Deviations Exhibit E-I — Private Road Crass Section Single and Double Loaded Development Tract Exhibit F — List of Developer Commitments This ordinance cry of t� AtIday and ocknowlec3, [13-CPS-01255/852078/1127 Willow Run RPUD - PUDZ-PL20130000682 Page 2 of 2 Rev. 81 t 31 f 4 filed with the 'e's `fice +n that 4i day Packet Pg. 1849 17.C.4 EXHIBIT A FOR WILLOW RUN RPUD Regulations for development of the Willow Run RPUD shall be in accordance with the contents of this RPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this RPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. PERMITTED USES: A maximum of 590 dwelling units shall be permitted within the RPUD. 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: GENERAL 1. Community recreation, clubhouse, indoor and outdoor fitness facilities (spa), dining facilities, community administration, maintenance buildings, recreational amenities and other similar uses designed for use by all residents and guests shall be permitted uses throughout the R designated areas of the PUD. Development Standards: Front Yard Setback: Side Yard Setback: Rear Yard Setback: Waterbody Setback: PUD Boundary Setback: Setback From Residential Tract: 15' 15' except where adjacent to preserve. 15' except where adjacent to preserve. 0' from lake maintenance easement or bulkhead 100' for any building or use exceeding 35' in height, 30' for any building or use 35' or less in height. When a building or use is placed less than 100' from PUD boundary a 15' wide Type B landscape buffer with 6' high wall shall be provided. 25' In any case, no setback is required adjacent to the FPL easement areas, as shown on the Master Plan. All pole lighting shall be limited to flat panel fixtures. Where a setback is required, any lighting fixture placed within: (a) 50 feet of the external boundary shall be limited to 15 feet in height; (b) 30 feet of the external boundary shall utilize full cut-off shields. Wiflow Run RPUD PL20130000682 Page 1 of I9 Lost Revised 08/13/2014 Packet Pg. 1850 17.C.4 Maximum Height: Clubhouse(s): Zoned: 70' Actual: 75' Other uses: Zoned: 25' Actual: 35' 2. Community structures such as guardhouses, gatehouses, fences, walls, columns, decorative architectural features, streetscape, passive parks and access control structures shall have no required setback, except as listed below, and are permitted throughout the "R" designated areas of the PUD; however such structures shall be located such that they do not cause vehicular stacking into the road right-of-way or create site distance issues for motorists and pedestrians. Maximum Height for Guardhouses/Gatehouses: Zoned: 25' Actual: 30' Setbacks: PU❑ Boundary: 10', except fences or walls shall have no setback, except that which is adequate to provide landscaping on the exterior side of the wall, if required. RESIDENTIAL A. Principal Uses: 1. Commercial excavation, asphalt and concrete batch plants (these uses shall cease upon issuance of first building permit for a dwelling unit other than model homes}). 2. Dwelling Units - Multiple -family, single family attached, single family detached, townhouse, two-family, duplex, variable lot line (single family) and zero lot line (single family). (A variable lot line dwelling unit is a single family dwelling where the side yards may vary between 0 and 10 feet as long as a 10-foot minimum separation between principal structures is maintained.) 3. 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 Hearing Examiner by the process outlined in the Land Development Code (LDC). B. Accessory Uses: uO M Rt T Willow Run RPUD PL20I30000682 Page 2 of I9 Lost Revised 08/13/2014 Packet Pg. 1851 17.C.4 Other accessory uses and structures customarily associated with the principal uses permitted in this District, including but not limited to swimming pools, spas and screen enclosures, sheds/structures and similar structures all designed to serve the residents and their guests shall be permitted in accordance with the development standard identified for accessory uses in Exhibit B. 2. 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 Board of Zoning Appeals or Hearing Examiner. PRESERVE A. Principal Uses: 1. Native preserves. B. Accessory Uses, 1. Water management. 2. Mitigation areas. 3. Hiking trails, boardwalks, shelters without walls, or other such facilities constructed o for the purposes of passage through or enjoyment of the site's natural attributes, 1* subject to approval by permitting agencies. M Iq 4. Any other conservation and related open space activity or use which is comparable r in nature with the foregoing uses and which the Board of Zoning Appeals (BZA) or Hearing Examiner determines to be compatible in the Preserve Area. DEVELOPMENT STANDARDS: Exhibit B sets forth the development standards for land uses within the RPUD Residential Subdistrict. 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 SDP or subdivision plat. GROWTH MANAGEMENT PLAN: This PUD qualifies for the Density Blending Conditions and Limitations for properties straddling the Urban Residential Fringe Subdistrict and Rural Fringe Mixed Use District Sending Lands in Section B.5.2 of the Density Rating System of the Future Land Use Element. In the event any lands in the sending land area are developed, prior to residential development in said areas the limitation of development rights agreement that affects that land shall be modified to reflect the density blending otherwise allowed by this RPUD. Willow Run RPUD PL20130000682 Poge 3 of 19 Last Revised 08/13/2014 Packet Pg. 1852 17.C.4 EXHIBIT B FOR WILLOW RUN RPUD DEVELOPMENT STANDARDS STANDARDS SINGLE TOWNHOUSE TWO FAMILY ZERO LOT MULTI- VARIABLE LOT FAMILY AND DUPLEX LINE FOR FAMILY LINE FOR DETACHED 51NGLE SINGLE FAMILY FAMILY Minimum Lot Area 3,000 SF 1,350 SF 2,625 5F 3,000 5F N/A 3,000 SF Minimum Lot Width •3 40 feet 18 feet 35 feet 40 feat N/A 40 feet Minimum Lot Depth 75 feet 75 feet 75 feet 75 feet N/A 75 feet Minimum Front Yard Setback 20 feet *1,*2 20 feet *1,*2 20 feet *1,*2 20 feet *1,*2 20 feet *1,*2 20 feet *1,*2 Minimum Side Yard Setback 5 feet 0 or 5 feet 0 or 5 feet 0 feet *4 10 feet 0 - 10 feet *4 Minimum Rear Yard Setback Principal *1 10 feet 10 feet 10 feet 10 feet 15 feet 10 feet Accessory *1 5 feet 5 feet 5 feet 5 feet 10 feet 5 feet Minimum Waterbody 0 feet from 0 feet from 0 feet from 0 feet from 0 feet from 0 feet from Setback LMEAMT or LME/LMT or LME/LMT or LME/LMT or LME/LMT or LME/LMT or BH BH BH BH BH BH Maximum Building Height Zoned 30feet 45feet 30feet 30feet 75 feet *5 30feet Actual 35feet SO feet 35feet 35feet 85feet *5 35feet Minimum Distance Between Structures 10 feet 20' for 0/10 feet 10 feet 20' for 10 feet Principal Structures buildings 2 buildings 2 stories or less stories or less in height OR in height OR Y2 sum of the sum of the building building height for height for buildings 3 buildings 3 stories or stories or greaterin greaterin height *6 height *6 Floor Area Min. (5.F.) 1500 SF 1000 SF 1000 SF 1000 SF 750 SF 1000 SF Minimum PUD Boundary 15 feet 15 feet or'/z 15 feet 15 feet 20 feet or Y= 15 feet Setback the building the building height *6 height *6 Minimum Preserve Setback 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet ACCESSORY STRUCTURES Minimum Front Yard Setback 20 feet*2 20 feet*2 20 feet 20 feet 20 feet 26feet Minimum Side Yard Setback 5 feet 5 feet SPS SPS 0 feet 0 feet Minimum PUD Boundary 15 feet 15 feet or 15 feet 15 feet 15 feet or Yi 15 feet Setback the building the building height *6 height *6 Minimum Preserve Setback 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet Minimum Waterbody 0 feet from 0 feet from 0 feet from 0 feet from 0 feet from 0 feet from Setback LME/LMT or LMEAMT or LMEAMT or LME/LMT or LMEAMT or LMEAMT or BH BH BH BH BH BH Minimum Distance Between 10 feet 0/10 feet 0/10 feet 0/10 feet 0/10 feet 0/10 feet Structures Maximum Height Zoned SPS SPS SPS SPS 35feet 5P5 Actual SPS SPS 5P5 SPS 40 feet 5P5 5P5— Same as Principal CM Willow Run RPUD PL20130000682 Page 4 of 19 Lost Revised 08/13/2014 Packet Pg. 1853 17.C.4 LME —Lake Maintenance Easement LMT — Lake Maintenance Tract BH — Bulkhead Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be applied by the Growth Management Division during an application for a site development plan or plat. •1— Front yards shall be measured as foIlaws: A. If the parcel is served by a public road right-af-way, setback is measured from the adjacent right-of-way line. & 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). C. If the parcel has road frontage on two sides, setback is measured from the side with the shortest frontage with the other frontage designated as a side yard. Access shall be from road with full front yard setback. '2 — Front entry garages must be a minimum of 20', and a minimum of 23' from a sidewalk. The minimum 20' setback for a residence may be reduced to 15' for a side -loaded or rear entry garage. Porches, entry features and roofed courtyards may be reduced to 15'. '3 — Minimum lot width may be reduced by 20%for cul-de-sac lots and 50%for flag lots provided the minimum lot area requirement is maintained. '4 — Minimum separation between adjacent dwelling units, if detached, shall be 10'. '5— The building height shall be limited to a maximum zoned height of 50 feet and an actual height of 55 feet west of the FP&L Easement. '6 — Setback is measured from zoned height. '7 - Landscape Buffer Easements and/or Lake Maintenance Easements shall be located within open space tracts or lake tracts and not be within a platted residential lot. Where a home site is adjacent to a Landscape Buffer Easement or Lake Maintenance Easement within open space tracts or lake tracts, the principal and accessory structure setback on the platted residential lot may be reduced to zero (0) feet where it abuts the easement/tract. Nothing in this RPUD shall diminish the riparian rights nor prohibit a property owner from use of buffer or lake maintenance easements/tracts for recreational purposes, including but not limited to docks, fishing, walking, etc., which are not inconsistent with the purpose of the tract/easement. Where a bulkhead is constructed, no intervening easement or maintenance tract shall be required by this RPUD. Note: Nothing in this RPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in Exhibit E, Deviations uO M r Willow Run RPUD PL20130000682 Page 5 of 19 Last Revised 0811312014 Packet Pg. 1854 : -- ao Qa'I f WF � a o a R Q .. = T W f 6 Q W 0 3 0 W 1[aZy.1 LpJ wFw �p�� v] ❑ a. � 4 Q J F v F u J ❑7 W ��y w V ..] m ma wn ¢ asu � lug i ~a Ti ❑i rc �~ 7 �' 7 x �• F yl o W rc a HI 2 ry W W of n W � 4 - Sy H C ' - � ` 'v cli _ jT � - ...ram__ _ _�— .___...�.__�... '�.'��-�T•r�-��.^. _.._ -5 l 1 70'6MDE FPL EASEMENT ----------------- ----- ------ --------------------_- o - ------------------------- -- - -- - -- - _"---' ----BO----------`--m------------------------------------ COLLIER BOULEVARD _ 2 W - w > to L0 M f$ Packet Pg. 1855 17.C.4 ZONED SAN MARINO RPU❑ USE: RESIDENTIAL NAPLES NATIONAL f I SAN MARINO I GOLF CLUB INGRESSIEGRESS ' INGRESSIEGRESS ! + I I f 1 p I R ZONED: SAN MARINO — — — RPUD I — — — — — — — — — — 1 I USE: RESIDENTIAL I f ! 10 n f � 4 � . y :m ° —POTENTIAL m } I INTERCONNECT R LAKE Ica R m I'I e f l�l f VJ L ILu m BUFFER PER LDC - --_ �IUI R ; f R �LU Lu BUFFER PER LDC I POTENTIAL R i INTERCONNECT 1 I I � — I I _ _ _ J - ZONED: AGRICULTURAL f f USE: UNDEVELOPED a I U } I ZONED: AGRICULTURAL m R R f USE' RESTAURANT N LAKE + I� m NAPLES CLUB - ESTATES f L CRAKLIN' JACKS I - R INGRESSIEGRESS I INGRESSIEGRESS_- -� I I 1 f ZONED: HACIENDA f + LAKES DRIIMPU❑ USE: RESIDENTIAL ZONED: HACIENDA LAKES , I I ❑RIIMPUD f I USE: RESIDENTIAL f ' COUNTY PARK T L HACIENDA LAKES PROPOSED � III ........ iI , INGRESSIEGRESS 1 INGRESSIEGRESS F— I I 1 1 �� ' q 107/20141 PER GCK H IN .u. �� 0 300' 500' SCALE: 1 " = 50�' I — - - - KEY MAP 45/241a PER COUNTY REVIEW 3 CGMMENTS _. S.V. 2 12/2013 PER C4LIN'r REVIEW 2 COVKNTS S.U. t QS/201 j PER COUNTY REVIEW 1 ClIMMENTS s.u. P?-1s�c� Dote �•Ipllan �, ® GradyMinnr o crahumu. x.d +�x+.+I P. :,i Yle I. I. H..IIIW i,.W. FI.i ldJ 3113 1 [:I+fl F:ujpnccm x_mmwl5151 5,Inlipr. I,anet CnrvnwK Plal+ncrs S.aruJFcaP• Ar IIItvfls nuela 239.9d71111 Ir. 1:"'NN In nr. room F'nn Rlapn.:;:39.G901380 WILLOW RUN RPUD Soe cop€. pE r EXHIBIT C WASTER PLAN yy{� 3H:6T 2 OP 5 Packet Pg. 1856 17.C.4 URBAN j RURAL FRINGE RESIDENTIAL MIXED USE DISTRICT FRINGE BELLE MEADE NRPA ZONED: FOREST GLENN OF NAPLES RPUD USE: RESIDENTIAL Q � I v o aoa soa d SCALE: 1" = 60( °c w W ZONED: A (RFMUO) NRPA " W SENDING - - W USE: RESIDENTIAL LL O . y. W zONEfl_ SAN V r c r MARINO W - - - T_ W RPUD W N 0 USE: W Y W W J w _ RESIDENTIAL W v El {� W (PRESERVE) W uJ _ W O w EL Z Y w W W y W ZONED: A (RFMUO) O _ _ ` ` ` " PRESERVE NRPA SENDING N Zqp+_ACRES W USE: RESIDENTIAL M W _ w w Lo I, iR Jf� ZONED: HACIENDA LAKES O DRIIMPUD {RFMUO, NRPA F SENDING} , USE: RESIDENTIAL V f-- - R R _ - ------ -----MATCH ySHEET r a J LINE- SEE 4 QF 4 } E I I; YF L1lwrcandAYxnl.lrs Pry GradyMinor ® :181M1 �la 1M•nll„+ll�l,ily.. �1nAdy :111:41 C101 4gron•rrn . I.and141r% nm I'I:rrlltrr4 . i.audsr;glr.Arrhllcrle l", ,Y Will M 100,14 it I� , — IA I..iW31 IAINu,a. Ll. 7"1" 11-fli-1441w "1917 1111 n p w Ur IrYr Ipn ur. i'um YIYI %,ff! 'L19.690. 1300 WILLOW RUN RPUD EXHIBIT C MASTER PLAN 2 Q KEY MAP - acYll- �o>t .nv..a= nYYic rrc Hwr - $HEIM s or s Packet Pg. 1857 17.C.4 R R - 1' - - MATCH LINE - SEE SHEET 3 OF 4 1 1 R � I �WWWWWWyWW�„ R R a w LAKE I LAKE w 1 II y v ` LL W��' WWWw�yWWWW�w�WWW 0' W PRESERVE W W W 210�+1-ACRES F w W LAKE i LLJ r �- J Wr ir.W. .WWW.WW�W�Wy W� ' Lu1 r Lu . LU J' = I I 01 �I 1 ZONED: HACIENDA y yV 0 300, son' w SCALE: 1" = 600' ZONED: HACIENDA LAKES DRIIMPU❑ (RFMUO,NRPA SENDING) USE: RESIDENTIAL Lo M ZONED: HACIENDA LAKES LAKES DRIIMPU❑ DRIIMPU❑ USE: RESIDENTIAL I USE: RESIDENTIAL i 120' WIDE FUTURE BENFIELD ROAD CORRIDOR THROUGH I URBAN RESIDENTIAL FRINGE HACIENDA LAKES DRI RURAL FRINGE MIXED USE DISTRICT BELLE MEADE NRPA F--- --- --- --- ---All. i?er•sion I Dote I Oescrlplian U err W �11nu. rid 4—:a1r . 1• ; ® G ra dyMi n or 11uu1 wn 1)c1 un Pu1JW Sy:1u1p, F]urWu 31131 01.11 Ei Wih v.m land Survot" F'lalmrlxl L:iudsC8pc .4lY�l]Ileclh ur1 .i •luui fip"5151 I'KI I!{ln11 Lft l 15 ge.ew.Ir: ilWV1e0 [5onlln gLwm ln: 214 417 11 1.1 .M w I;rxd. Mlxan. ram Fun 1Nro; 279 470 4380 WILLOW RUN RFUD EXHIBIT C MASTER PLAN 3 I H0 KEY MAP NNINII .www RPI ELT = 9F .`.. Packet Pg. 1858 TOTAL SITE AREA: 559t AC PRESERVES: REQUIRED 149.19t AC URBAN RESIDENTIAL FRINGE 114.83± AC NATIVE VEGETATION X 25% 28.71t AC RFMU SENDING 133.87t AC NATIVE VEGETATION X 90% = 120.48t AC PROVIDED 210t AC URBAN RESIDENTIAL FRINGE = 75.13t AC RFMU SENDING = 133.87t AC 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2. ALL ACREAGES, EXCEPT PRESERVE AREAS, ARE APPROXIMATE AND SUBJECT TO MODIFICATION AT THE TIME OF SDP OR PLAT APPROVAL IN ACCORDANCE WITH THE LDC. DEVIATIONS SEE EXHIBIT E, LIST OF REQUESTED DEVIATIONS O5 ER COUNTY REVIEW y GVpitNTAOPR C.'NTY REVIEW 2 COu1AENT5 1 0912013 pER COUNTY REVIEW I COMMENTS . Rer sloes Dote 0e3c•;peon WILLOW RUN RPUB SCA±'+IF1/l m Grady�Minor o G..� glmr.el,ll`'° away svrwlP �nw�.,•. �: � � � ME. EXHIBIT C l:l>,•II F.n�nn•I•n land Suny�nrn F'IauperF lagdecapr Amid leclx MASTER PLAN k •.we rid{uw FJ31A1Pi151 Iyrt d+liun EP nlpslil eu.brs. 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P7 zlm mo .__^. - S OP s Packet Pg. 1859 17.C.4 EXHIBIT D FOR WILLOW RUN RPUD LEGAL DESCRIPTION A TRACT OF LAND LYING IN SECTIONS 11, 12, 13, AND 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, Q COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST; a 0 THENCE RUN SOUTH 00°45'13" WEST ALONG THE EAST LINE OF SAID SECTION 12, A DISTANCE OF L 1,356.42 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST m QUARTER OF SECTION 12; THENCE LEAVING SAID EAST LINE, NORTH 87'47'32" EAST, A DISTANCE OF c 1,318.80 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST in QUARTER OF SECTION 12; THENCE RUN ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE � NORTHWEST QUARTER OF SAID SECTION 12, SOUTH 00°40'50" WEST, A DISTANCE OF 1,353.60 FEET; c THENCE SOUTH 00'42'14" WEST, A DISTANCE OF 2,707.26 FEET TO A POINT ON THE NORTH LINE OF c SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE IN AND THROUGH SAID SECTION 13, N SOUTH 00'39'11" WEST, A DISTANCE OF 1,345.38 FEET TO THE SOUTHEAST CORNER OF THE J NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13; THENCE LEAVING SAID CORNER, a SOUTH 87°30'27" WEST, A DISTANCE OF 1,328.58 FEET TO THE EAST LINE OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE IN AND THROUGH SAID SECTION 14, SOUTH 87'28'53" WEST, A r DISTANCE OF 1,336.40 FEET; THENCE NORTH 00'47'15" EAST, A DISTANCE OF 671.38 FEET; THENCE a SOUTH 87'27'18" WEST, A DISTANCE OF 668.30 FEET; THENCE NORTH 00°47'46" EAST, A DISTANCE OF a 671.09 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 11; THENCE ALONG SAID SOUTH LINE, SOUTH 87°25'49" WEST, A DISTANCE OF 2,004.66 FEET, (PASSING OVER THE SOUTHEAST CORNER OF 0 THE SOUTHWEST QUARTER OF SAID SECTION 11 AT A DISTANCE OF 668.22 FEET) TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 11; THENCE LEAVING SAID SOUTH LINE OF SECTION 11, NORTH 00`50'07" EAST, A DISTANCE OF 1,371.71 FEET; N THENCE SOUTH 87'38'49" WEST, A DISTANCE OF 1,235.72 FEET TO A POINT ON THE EAST RIGHT -OF- LO WAY LINE OF COLLIER BOULEVARD (COUNTY ROAD 951); THENCE RUN ALONG SAID EAST RIGHT -OF- `'? WAY LINE, NORTH 00050'49" EAST, A DISTANCE OF 344.10 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE, NORTH 87°42'04" EAST, A DISTANCE OF 1,235.58 FEET; THENCE NORTH 00°50'07" EAST, A DISTANCE OF 1,028.79 FEET; THENCE NORTH 87°51'50" EAST, A DISTANCE OF 2,670.28 FEET; THENCE O c NORTH 00046'52" EAST, A DISTANCE OF 2,723.04 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 11; THENCE RUN ALONG SAID NORTH LINE OF SECTION 11, NORTH 88'17'54" EAST, A 3 DISTANCE OF 1,333.91 FEETTO THE POINT OF BEGINNING. CONTAINING 559.05 ACRES, MORE OR LESS. 3; Willow Run RPUD PL20130000682 Page II of 19 Lost Revised 0811312014 Packet Pg. 1860 17.C.4 EXHIBIT E FOR WILLOW RUN RPUD LIST OF REQUESTED DEVIATIONS 1. From LDC Section 6.06.02.A.2, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks which are internal to the development to be constructed on both sides of local streets, to allow sidewalks on one side of the street only for streets with homes on one side of the street. One canopy tree (or canopy tree equivalent) shall be provided per 30 linear feet of sidewalk. Canopy trees located within 10 feet of the sidewalk may count towards a sidewalk canopy tree. 2. From LDC Section 6.06.01.N, Street System Requirements and Appendix B, Typical Street Sections and Right -of -Way Design Standards, which establishes a 60 foot wide local road, to allow a minimum 40' wide local road (see Exhibit E-1). 3. From LDC Section 6.06.01.J, Street System Requirements, which limits cul-de-sacs to a maximum length of 1,000 feet, to permit cul-de-sacs to exceed 3,500 feet in length with placement of no through traffic signage and creation of one emergency vehicle turnaround approximately 1,500 feet from the beginning of the cul-de-sac. 4. From LDC Section 4.06.02, Buffer Requirements, which requires a fifteen foot type "B" o landscape buffer between single family and multi -family residential uses, to allow no N landscape buffer along the western residential tract adjacent to the FP&L easement area and c a 10 foot wide type "B" buffer along the northern PUD boundary adjacent to the San Marino N PUD. LO M 5. From LDC Section 5.03.02.C, Fences and Walls, Excluding Sound Walls, which permits a maximum wall height of 6' in residential zoning districts, to allow a maximum wall height of 8' throughout the development, and a 12' tall wall, berm, or combination wall/berm along Collier Blvd frontage. 6. From LDC Section 5.04.04.0.5, Model Homes and Model Sales Centers, which permits a maximum of five (5) model homes, or a number corresponding to ten (10) percent of the total number of platted lots, whichever is less, per platted approved development prior to final plat approval. The requested deviation is to allow for a maximum of four (4) model homes per development tract, not to exceed 20 model homes within the overall RPUD. With each building permit for a model home, the applicant shall provide documentation as to the current number of model homes in existence. 7. From LDC Section 5.04.06.A.3.e, Temporary Signs, which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height, to allow a temporary sign or banner up to a maximum of 32 square feet in area and a maximum of 8 feet in height. The temporary sign or banner shall be limited to 28 days per calendar year. 8. From LDC Section 5.06.02.B.2, Development Standards for Signs within Residential Willow Run RPUD PL20130000682 Page 12 of 19 Lost Revised 08/13/2024 Packet Pg. 1861 17.C.4 Districts, which permits one (1) real estate sign per street frontage that is setback a minimum of 10' from any property line, to allow for a maximum of one (1) real estate sign per street frontage setback a minimum of S' from the property line along CR 951 only. 9. From LDC Section 5.06.02.B.5, Development Standards for Signs within Residential Districts, which requires on -premise directional signs to be setback a minimum of 10' from internal property lines, to allow for on -premise direction signage to be setback a minimum of 5' from internal property lines. This deviation does not apply to property adjacent to Collier Blvd. 10. From LDC Section 5.06.02.B.6, Development Standards for Signs within Residential Districts, which permits two (2) ground signs per entrance to the development with a maximum height of 8' and total sign area of 64 s.f. per sign. The requested deviation is to allow for two (2) ground signs per project entrance with a maximum height of 10' and total sign area of 64 s.f. per sign face. 11. From LDC Section 4.02.04.D, Standards for Cluster Residential Design, which requires the zero lot line portion of the dwelling unit to be void of doors or windows where such wall is contiguous to an adjoining lot line to allow windows along portions of the principal building that is on the zero setback line. to M r Willow Run RPUO PL20130000682 Poge 13 of 19 Lost Revised 08/13/2014 Packet Pg. 1862 « �La Cr 5g� - g \ aao; aA 3C !cc ^� R » \ �{ �y 5g \§ + � \ cl -/ Ul .® w � } � o Ne k& y\¥ LU vi z p = e Packet Pg. 1863 17.C.4 EXHIBIT F FOR WILLOW RUN RPUD LIST OF DEVELOPER COMMITMENTS 1. UTILITIES A. Prior to its last phase of development, the owner shall identify and provide an interconnection stub -out to either hacienda Lakes or San Marino PUD for water distribution; plans shall be reviewed and approved by CCWSD at time of SOP or plat. This commitment can be terminated by CCWSD if its staff determines that interconnection at either property line is not possible. B. During the Plat approval process, CCWSD shall review and approve the utility design associated with any cul de sac serving in excess of 149 units. 2. TRANSPORTATION A. If warranted by the project's traffic counts the Developer shall be responsible for the proportional share of the cost of a traffic signal, or other traffic control device, sign, or pavement markings at the Collier Boulevard intersection Upon the completion of the installation, inspection, burn -in period, and final approval/acceptance of said traffic signal it shall be turned over (for ownership) to Collier County, and will then be operated and maintained by the Collier County Transportation Department. B. The County has identified various future potential road alignments for what is Currently known as Benfield Road, some of which may cross over a portion of the RPUD near its eastern boundary. At the time of the RPUD adoption, the County has not selected the final alignment of said Benfield Road. The owner, developer, and their successors and assigns at the County's request, has agreed to work with the County in the future, should the final alignment as approved by the Board of County Commissioners and as permitted by the applicable reviewing agencies, encroach onto the lands of RPUD, with the following stipulations: 1. If the eventual alignment crosses over RPUD lands: (a) the alignment shall be no further than 150 feet from the eastern RPUD boundary, except that in the northernmost ±1,350 feet of the RPUD eastern boundary, the alignment may be 300 feet or less from the eastern RPUD boundary; and (b) in no event shall the alignment be any closer than 100 feet from any residential or lake tract. The alignment shall be consistent with the alignment of Benfield Road in the development south of the PUD, but shall immediately transition to the eastern 150 feet of the RPUD. Willow Run RPUD PL20130000682 Page 15 of 19 Last Revised 08/13/2014 Packet Pg. 1864 17.C.4 2. Any portion of Benfield Road that traverses the RPUD lands shall be no more than 120 feet in ultimate right of way width, inclusive of storm water, other than as provided below. 3. The County shall at all times be responsible for all permitting for Benfield Road, including any modification of any project permits and easements, including, without limitation mitigation (e.g. wildlife protection, buffers, and any obligation imposed on the lands of the RPUD by virtue of the permitting of the Benfield Road) for the impacts of any such road and replacement mitigation that otherwise is in place within the RPUD that mitigates the impact of the project and/or the previous mining operation that occurred within the RPUD historically. The Owner, its successors or assigns shall not be responsible to obtain or modify any current or future permits or conservation easements on behalf of the County related to the planning, platting, replatting, dedication, construction or extension of Benfield Road. In no event shall Developer be obligated to plat any roadway or depict any reservation on any plat. 4. The owner or its successors and assigns shall convey the lands to the County by quit claim deed within 120 days of the County's written request to owner, or its successors and assigns, but no sooner than the permitting agencies' notices of intent to issue applicable federal and state permits. 5. The owner, or its successors and assigns, shall be paid the fair market value of the land at the time of the conveyance to the County, excluding damages. The Developer shall first become eligible for transportation impact fee credits based upon the agreed upon fair market value per acre in accordance with the consolidated impact fee Ordinance in effect at the time of recordation of the deed. If the project is built out or has prepaid transportation impact fees to be assessed for the project, then the developer or its successors or assigns shall be entitled to a cash reimbursement. 6. The County shall maintain at its sole expense any RPUD lands remaining to the east of the final alignment, if requested by the Owner, its successors or assigns within sixty (60) days of request, provided County is given a maintenance easement at no cost to the County. 7. The developer, its successors or assigns, shall provide to any potential resident a disclosure statement that the County has identified several potential alignments for Benfield Road which may impact the RPUD lands, and that any such road could be on the eastern edge of the property, once the appropriate permits and approvals are obtained by the County. This disclosure statement must be presented to the buyer prior to entering into any sales contract by Developer or builders which convey directly to potential residents. 8. Should Collier County ultimately abandon the proposed roadway extension, or the road alignment is determined not to be within the Willow Run RPUD, the County shall release the Developer from the Benfield Road obligations of this PUD and the Willow Run RPUD PL20130000682 Page 16 of 19 Last Revised 08/13/2014 Packet Pg. 1865 17.C.4 requirement for the disclosure statement shall terminate, without the necessity of an amendment to this RPUD. 9. For any portion of Benfield Road that may be constructed within or adjacent to the Willow Run RPUD along the easterly boundary and within the north and south limits: a. Collier County may discharge treated stormwater into the Willow Run RPUD stormwater management system for attenuation. Prior to discharge outside the County owned ROW, the stormwater shall have received full water quality treatment in accordance with SFWMD requirements at the time of permitting and shall not compromise the proposed water quality and proposed water quality and/or recreational use of the lakes. Collier County shall be responsible for maintenance of water quality for stormwater resulting from the County roadway. Willow Run RPUD shall be held harmless if the PUD's stormwater management system experiences a water quality breach soley due to Benfield Road stormwater. The County shall be responsible for any remediation and related costs if the SFWMD deems the ROW is the sole cause of water quality issues. No other stormwater, treated or untreated, from off -site portions of the ROW outside the north and south limits of the RPUD boundary shall discharge into the Willow Run RPUD surface water management system. b. Lighting must comply with international Dark Skies standards. C. Potential vehicular interconnections have been shown on the conceptual PUD master plan in locations which may be appropriate for shared access to the intersecting driveway with Collier Boulevard. Shared access shall not be prohibited to any property that is immediately adjacent to the Collier Boulevard intersecting driveway and is willing to pay its prorated "fair" share of the entry roadway, bridge, Collier Boulevard improvements, landscaping, lighting, maintenance, taxes and utilities or future signalization, as computed on a prorated share -by number of PM Peak Hour trips connected to the driveway. Such shared access shall be granted via executed shared access easement agreement to such adjacent property within 90 days of receipt of payment of said prorated "fair" share expenses to the Willow Run RPUD developer or successor. Willow Run RPUD PL20130000682 Page 17 of 19 Lost Revised 09113120I4 Packet Pg. 1866 17.C.4 3. ENVIRONMENTAL A. Vegetation shall be retained in accordance with the criteria established in the Conservation and Coastal Management Element of the GMP and Section 3.05 of the LDC. Total Preserve Required 149.19± AC Urban Residential Fringe 114.83± AC Native Vegetation X 25°% = 28.71± AC RFMU Sending 133.87± AC Native Vegetation x 90% = 120.48± AC Total Preserve Provided 210± AC Urban Residential Fringe = 76.13± AC RFMU Sending = 133.87± AC B. For wildlife protection, roads located within the Rural Fringe Mixed Use District will have a very low speed limit (e.g., 15 mph) and tortoise caution signs will be installed. Prospective buyers of properties adjacent to the Preserve will be provided with written information about the Preserve's protected wildlife and management practices which may have direct effects on their property including: ■ gopher tortoises may expand their foraging or burrowing habitat to include yards. • periodic prescribed burns will result in smoke in the vicinity. • wildlife co -existence plan Project home owner's association documents will contain similar disclosures in accordance with project permits. C. If County permits are obtained for new residential and/or private roads adjacent to the preserve's tortoise -occupied habitat, then tortoise -appropriate fencing or tortoise - appropriate barriers will be installed by Developer, or its successors and assigns, between the tortoise preserves or where tortoises exist and the private road and/or development in that location prior to construction of the new residential development and/or private roads. 4. PLANNING A. A maximum of 590 dwelling units shall be permitted in the PUD. B. No buffer shall be required if the right-of-way reservation as shown on the Master Plan as an east/west road is constructed as an east/west road along the southern PUD boundary as shown on the Master Plan. The developer is not obligated to construct the east/west road along the southern P U D boundary. Willow Run RPU❑ PL20I30000682 Page 18 of 19 Last Revised 08/13/2014 Packet Pg. 1867 17.C.4 5. WATER MANAGEMENT The water management system shall be designed to route existing off -site surface water flows through or around the project. These conveyance facilities shall be sized such that post construction water levels are lower than or equal to existing water levels on the surrounding lands. These improvements shall be made prior to the issuance of the first residential certificate of occupancy. 5. PUD MONITORING One entity (Thereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is The Willow Run Land Trust, C/O Joseph D. Bonness, III as Trustee, 1910 Seward Avenue, Naples, FL 34109. 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. uO M T Willow Run RPUD PL20130000682 Page 19 of 19 Lost Revised 0811312014 Packet Pg. 1868 17.C.4 FLORIDA DEPARTMENT Of STATE RICH SCOTT Governor September 29, 2014 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ann Jennejohn, Deputy Clerk Dear Mr. Brock: HEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 14-35, which was filed in this office on September 29, 2014. Sincerely, Ernest L. Reddick Program Administrator ERL/lb R. A. Gray Building ■ 500 South Bronough Street + Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 * Facsimile: (850) 488-9879 www.dos.state.fl.us Packet Pg. 1869 ORDINANCE NO. 15- 3 5 ►INANCE OF THE BOARD OF COUNTY COMMISSIONERS .LIER COUNTY, FLORIDA AMENDING ORDINANCE NO. AS AMENDED, THE COLLIER COUNTY LAND )PMENT CODE, WHICH ESTABLISHED THE HENSIVE 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 ZONING DISTRICT (A), AND A RURAL AGRICULTURAL ZONING DISTRICT WITH AN ST OVERLAY (A-ST), TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO ALLOW UP TO 61 DWELLING UNITS FOR A PROJECT TO BE KNOWN AS THE LIDO ISLES RPUD ON PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD AT 9130 AND 9198 COLLIER BOULEVARD IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 24.32f ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZ- PL20140000393] WHEREAS, Robert J. Mulhere, FAICP of Hole Montes, Inc. representing Marco Island Group LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Zoning Classification. The zoning classification of the herein described real property located in Section 11, Township 50 South, Range 26 East, Collier County, Florida is changed from a Rural Agricultural Zoning District (A), and a Rural Agricultural Zoning District with an ST Overlay (A-ST), to a Residential Planned Unit Development (RPUD) Zoning District for a 24.32± acre parcel to be known as the Lido Isles RPUD 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 No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. [14-CPS-01369/1182219/11 112 Lido Isles RPUD - PUDZ-PL20140000393 Page 1 of 2 Rev. 5/22/ 15 17.C.5 Packet Pg. 1870 n 17.C.5 PASSED AND DULY ADOPTED by sue -majority vote of the Board of County Commissioners of Collier County, Florida, this J3"`ay of _ ]-I a r-1 e , 2015, ATTEST DWIGIITT B iCK� CLERK By: s n h Attest as O - signature onv. Approved as to form and legality: G 14, d, A Heidi Ashton-Cicko Managing Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, Chairman Attachments: Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit C-1 — R-O-W Section Exhibit D — Legal Description Exhibit E — List of Requested Deviations Exhibit F — List of Developer Commitments [14-CPS-01369/1182219/11 112 Lido Isles RPUD - PUDZ-PL20140000393 Page 2 of 2 Rev. 5/22/15 This ordinance filed with the Secr"ary Of day of tat F20— �e 1-57'and acknowledge+nemtt�Off thot filing received this day of B ,Y Packet Pg. 1871 17.C.5 2 EXHIBIT A LIDO ISLES RPUD PERMITTED USES MAXIMUM DWELLING UNITS The maximum dwelling units shall be sixty-one (61) provided that 24 of the maximum 61 units are obtained through a transfer of development rights in accordance with the requirements set forth in the LDC and GMP (Growth Management Plan). GENERAL A. Community recreation, clubhouse, indoor and outdoor fitness facilities (spa), dining facilities, community administration, maintenance buildings, recreational amenities and other similar uses designed for use by all residents and guests shall be permitted uses throughout the R designated areas of the PUD. Development Standards: Front Yard Setback: Side Yard Setback: Rear Yard Setback: Waterbody Setback: Preserve Setback: PUD Boundary Setback: FPL Easement Setback: Height: Clubhouse(s): Zoned: Actual: Other uses: Zoned: Actual: 25' 20' except where adjacent to preserve. 15' except where adjacent to preserve. 0' from lake maintenance easement or bulkhead 25' Equal to required width of perimeter landscape buffers 0' 35' 42' 25' 35' All pole lighting shall be limited to flat panel fixtures. Where a setback is required, any lighting fixture placed within: (a) 50 feet of the external boundary shall be limited to 15 feet in height; (b) 30 feet of the external boundary shall utilize full cut-off shields. B. Community structures such as guardhouses, gatehouses, fences, walls, columns, decorative architectural features, streetscape, passive parks and access control structures shall have no required setback, except as listed below, and are permitted throughout the "R" designated areas of the PUD. Maximum Height for Guardhouses/Gatehouses: Zoned: 25' Actual: 30' Page I of 10 HA2013\2013099MP\PUD Rezone\Post CCPC\Lido Isles RPUD (PUDZ-PL-20140000393)(CLEAN 5-7-2015).docx Packet Pg. 1872 17.C.5 PUD Boundary Setback: 10', except fences or walls shall have no setback, except that which is required in order to provide landscaping on the exterior side of the wall. 3. RESIDENTIAL/TRACT R No building or structure, or part thereof, shall be erected, altered or used, in whole or in part, for other than the following: A. Principal Uses: 1. Single-family detached dwelling units. 2. Single-family attached dwelling units. 3. Two-family and single-family zero lot line dwelling units. 4. Townhouse and multi -family dwelling units. 5. Any other principal use, which is comparable in nature with the foregoing listed of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner ("HEX"), as applicable, by the process outlined in the Land Development Code ("LDC"). B. Accessory Uses: Accessory uses and structures customarily associated with principal residential uses permitted in this RPUD, including recreational facilities, such as swimming pools and screen enclosures. 2. Temporary construction, sales and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas, and related uses, subject to the procedures for a temporary use permit provided in the Land Development Code. 4. PRESERVE/TRACT P No building or structure, or part thereof, shall be erected, altered, or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Preservation of native habitat. B. Accessory Uses: Storm water management structures. Page 2 of 10 HA2013\2013099\WP\PUD Rezone\Post CCPC\Lido Isles RPUD (PUDZ-PL-20140000393)(CLEAN 5-7-2015).docx i Packet Pg. 1873 ' 2. Pervious and impervious pathways and boardwalks, consistent with the LDC. 3. Shelters without walls. 4. Educational signage and bulletin boards located on or immediately adjacent to the pathway. 5. Benches for seating. 6. Viewing platforms. 7. Conservation -related and recreational activities comparable in nature with the aforementioned uses, as determined by the County Manager or designee. Page 3 of 10 H:\2013\2013099\WP\PUD Rezone\Post CCPC\Lido Isles RPUD (PUDZ-PL-20140000393)(CLEAN 5-7-2015).docx a a Packet Pg. 1874 J 17.C.5 EXHIBIT B LIDO ISLES RPUD The Table below sets forth the development standards for land uses within the Lido Isles RPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the Land Development Code in effect as of the date of approval of the Site Development Plan or Subdivision Plat. DEVELOPMENT STANDARDS TABLE PERIMETER PUD SETBACK: The perimeter PUD setback shall be, at a minimum, equal to the required width of perimeter landscape buffers. DEVELOPMENT STANDARDS SINGLE- FAMILY DETACHED SINGLE-FAMILY ATTACHED TWO-FAMILY & SINGLE-FAMILY ZERO LOT LINE TOWNHOUSE or MULTI - FAMILY PRINCIPA)I✓-MUCTURES dP- MINIMUM LOT AREA 4,800 S.F. PER UNIT 1,800 S.F. PER UNIT 4,000 S.F. PER UNIT 10,000 S.F. PER BLDG. MINIMUM LOT WIDTH 40 FEET 30 FEET 40 FEET N/A MINIMUM FLOOR AREA 1,200 S.F 1,200 S.F PER UNIT 1,200 S.F. PER UNIT 1,000 S.F. PER UNIT MINIMUM FRONT YARD ' 20 FEET 20 FEET 20 FEET 20 FEET MINIMUM SIDE YARD 5 FEET 0 OR 5 FEET 0 OR 5 FEE 0 or 15 FEET MINIMUM REAR YARD 10 FEET 10 FEET 10 FEET 10 FEET MINIMUM PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET MINIMUM DISTANCE BETWEEN STRUCTURES 10 FEET 10 FEET 10 FEET 20 FEET MAXIMUM BUILDING HEIGHT - ZONED 2 STORIES NTE 35 FEET 2 STORIES NTE 35 FEET 2 STORIES NTE 35 FEET 4 STORIES NTE 50 FEET MAXIMUM BUILDING HEIGHT -ACTUAL 42 FEET 42 FEET 42 FEET 57 FEET AGCE . S0RY STRLICTrtJRES MINIMUM FRONT YARD SPS SPS SPS 23 FEET MINIMUM SIDE YARD SPS SPS SPS SPS MINIMUM REAR YARD 5 FEET 5 FEET 5 FEET 5 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET MAXIMUM HEIGHT ZONED & ACTUAL S.P.S. S.P.S. S.P.S. S.P.S. NTE = Not to Exceed; S.P.S. = Same as Principal Structures; BLDG. = Building; S.F. = Square Feet; N/A = Not Applicable General: Except as provided for herein, all criteria set forth in Exhibit B below shall be understood to be in relation to individual parcel or lot boundary lines or between structures. Condominium and/or homeowners' association boundaries shall not be utilized for determining development standards. Footnotes: 1 Where a utility easement encroaches farther into a yard than the allowable setback, the minimum required setback shall be increased to the extent of the utility easement encroachment. 2 Lots fronting on two streets shall provide a full front yard setback along the street with the shorter frontage, and a minimum 10' front yard setback along the other street frontage. Front entry garages shall be at least 23 feet from back of sidewalk. Where side entry garages are provided, the driveway shall be designed in such a manner so that a parked vehicle shall not conflict with the sidewalk; however, in no case shall the front setback be less than 10' for side entry garages. 3 5' minimum side setbacks for single-family attached, two-family and single-family zero lot line trust be accompanied by another 5' minimum side setback on adjoining lot to achieve minimum 10' separation. 4 Zero feet if adjacent to a landscape buffer or lake maintenance tract. Landscape buffers and lake maintenance easements shall be platted as separate tracts at time of subdivision plat approval Page 4 of 10 H:\2013\2013099\WP\PUD Rezone\Post CCPC\Lido Isles RPUD (PUDZ-PL-20140000393)(CLEAN 5-7-2015).docx LO eM LO T_ Packet Pg. 1875 +i +i ++ 04U wtop L.) mno Z Ca Z I3t m4 LU p U Ulw Oxo3p W ,y Q Z O F. h•t.iCt.B 82it �w �zo z� 9 Q^• �\ n!oNonl�o Za tp (n O t000i aDM.-O U aU Q Q ZU O lal Ln r N M O Z Lai Z tal ly r U v Z Z K W _Z O} Z m OII) 1-- �U w JJ NZ O=x N F, * * N N Z ZO ��¢ <j z Q W _ N N M a 0 M C O >> J }} II : NCy 9 MC• � � Zr ��O CZ� W Z O ~ N : N W r a m W 7 IOv O J— W W- 3 I II aaa oQz m o [ �p dwaviµl (l 8 ww CL zz _3 i �o ��r 3m� p C\Z! 3 �o w�a °w" : I ° I' z " N �'tcZ aw > o al I '''' La_ o o rd Or a Wa ��W IlWvwi sdm In m o'er o ��? w ww <wv ~zz In a a¢ za°- z\o vv3��a wow �la_U oawm ®w L,) U �� W J 0- K K''lo W az0: UQ�p9 rp0 M 0 Z>> oo 35 xw .5. �p W zZ �� to cricricricri w� a lnNow {°�W Mz ®W Z ww cnZz nw wxr w�r� 3adF-F ay Df ON 00 wI� I :� �f_ * ~O O Z N M 4 / 1 -------------- - ------------------------------------- Ir------------OV021 1MI4 JNILSIXY-- LL W n----------- 6 ----------------------- I W W J U;pn1+ I j Z r Il;tll!.I IlYt'1 :III,Itt� I I m j l j I 0 ¢ 3 ratnni;tl}urrl»'an ,. 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'a .,-. a .',• . i 'a, a :a . a. - a a. a �a . .,a .' a a. a -> ,, i r•��•.�L- F- 1 I L•-------'—'—'—'——'—'—'—'—'—'—'— —'— —'-------------•---------.—._._.-_-- ¢ I I--- ��-----_---- -- --- --- -----------------=-=_---- �I III — — — — — — — — $ lVNVO NOSU30N3H --------------------------------------- L96 IM aavn3 MO HM-1-100 IT________________ __ ____________________________� _____---- _---- _------ ______-------------- : 17.C.5 m m m Co g 2 a o � 4 I•i o � o M N 0 N CA s Q J W ci Q JU V) C) t Co Q � X W J J D CL LU Z O U J m m Q 0 D a 0 C m c m U) ti 0 0 0 N 0 N J a 11 C N M O M ui M 'a O N N 0 J 0 C V C d z u m a Packet Pg. 1876 Page 6 of 10 H \2013\2013099\WP\PUD Rezone\Post CCPC\Lido Isles RPUD (PUDZ-PL-20140000393)(CLEAN 5-7-2015).docx I Packet Pg. 1877 1 17.C.5 EXHIBIT D LIDO ISLES RPUD LEGAL DESCRIPTION THE NORTH'/z OF THE NORTH %2 OF THE SOUTHWEST 'A OF THE SOUTHWEST'/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, EXCEPT THE WEST 100 FEET THEREOF FOR ROADWAY PURPOSES, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE NORTH '/2 OF THE NORTH %2 OF THE SOUTH '/2 OF THE SOUTHWEST '/4 OF THE SOUTHWEST %4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 100 FEET FOR ROAD RIGHT-OF-WAY. THE SOUTH '/2 OF THE NORTH '/2 OF THE SOUTHWEST '/4 OF THE SOUTHWEST '/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST EXCEPT THE WESTERLY 100 FEET THEREOF FOR ROADWAY PURPOSES, COLLIER COUNTY, FLORIDA. Page 7 of 10 H:\2013\2013099\WP\PUD Rezone\Post CCPC\Lido Isles RPUD (PUDZ-PL-20140000393)(CLEAN 5-7-2015).doex Packet Pg. 1878 EXHIBIT E LIDO ISLES RPUD LIST OF REQUESTED DEVIATIONS FROM LDC PRIVATE ROADWAY WIDTH 1. Deviation No. 1 seeks relief from LDC Section 6.06.01, Private Roadway Width, which requires a 60-foot right-of-way width, to allow that the private roadway shall have a minimum 42-foot right-of-way width. DRAINAGE EASEMENT WIDTH 2. Deviation No. 2 seeks relief from LDC Section 6.01.02.B.2, Drainage Easements, which requires, where underground drainage structures are installed, that an easement shall be no less than 15 feet in width, to allow for an easement alongside lot lines that is no less than 10 feet in width for storm drainage pipes less than 24" in diameter and with an invert no more than 6 feet below finished grade. All installations will follow OSHA and ACPA Standards. This does not apply to drainage easements over which Collier County holds or will hold maintenance rights. All drainage easements proposed to be less than 15 feet shall be maintained only by the developer, its successor or assigns, and shall not be transferred or conveyed to the County for ownership or maintenance. STREET SYSTEM REQUIREMENTS 3. Deviation No. 3 seeks relief from LDC Section 6.06.01.J, which prohibits culs-de-sac in excess of 1,000 feet, to allow the cul-de-sac in excess of 1,000 feet as shown on the RPUD Master Plan. SIDEWALKS 4. Deviation No. 4 seeks relief from LDC Section 6.06.02.A.1, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks on both sides of the street, to allow a single five (5) foot -wide sidewalk on only one side of a street where the street abuts the FPL easement or the Collier County raw water production well. Page 8 of 10 H:\2013\2013099\WP\PUD Rezone\Post CCPC\Lido Isles RPUD (PUDZ-PL-20140000393)(CLEAN 5-7-2015).docx 17.C.5 LO M LO Packet Pg. 1879 17.C.5 EXHIBIT F LIDO ISLES RPUD LIST OF DEVELOPER COMMITMENTS TRANSPORTATION REQUIREMENTS A. The developer, his successor, or assign(s) shall bear a proportionate share responsibility toward the cost of creation or extension of any turn lanes in CR 951, as well as any future traffic signal (at such time as a signal may be warranted) or other median restrictions that serve the shared project entrance with the Willow Run RPUD. B. No Site Development Plan (SDP) or other development order authorizing site clearing or site improvements shall be granted until evidence of legal access, (an executed shared access agreement for vehicular access through Willow Run RPUD) to CR 951 is provided. The effective date of the easement(s) shall be prior to the date of the earliest to occur of plat approval or SDP approval. UTILITY REQUIREMENTS The primary water connection will be at a location at the southwest corner of the property; a stub -out for a second feed will be provided to the Willow Run RPUD at the entry road to the Lido Isles RPUD. 3. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring A until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the RPUD. At the time of this PUD approval, the 17 Managing Entity is Lord's Way 30, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document, to be approved for legal sufficiency by the County Attorney. 0 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 o Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to the County that includes an acknowledgement of the o commitments required by the RPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity E will not be relieved of its responsibility under this Section. When the RPUD is closed out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of f° PUD commitments. Q 4. PLANNING A. To achieve the maximum allowable density of 61 units, 24 TDR Credits are required to be severed and transferred to the RPUD. Page 9 of 10 HA2013\2013099MP\PUD Rezone\Post CCPC\Lido Isles RPUD (PUDZ-PL-20140000393)(CLEAN 5-7-2015).docx Packet Pg. 1880 17.C.5 B. A density calculation and TDR Credit tracking sheet shall be submitted with each Site Development Plan (SDP) and/or plat for the redemption of TDR Credits needed for the project. ENVIRONMENTAL A. Tract "P" Preserve provides a 5.01f acre contiguous preserve area on the west side of the site. The on -site preserve area consists of 4.75± acres of existing native vegetation and 0.26f acre of non-native habitat. The minimum required native vegetation preservation is 4.73t acres (25% of 18.92f acres of existing native vegetation). The Lido Isles RPUD shall preserve a minimum of 4.73f acres of native vegetation on -site. B. The informational brochure created by the Florida Fish and Wildlife Conservation Commission (FWCC) and titled "A Guide to Living in Bear County" provides background information on the identification, habits, and protection of the Florida black bear (Ursus americanus floridanus) and will be distributed to future homeowners and construction/maintenance personnel. The brochure educates the public about the Florida black bear and how to discourage bears around homes. The brochure also provides FWCC contact information for homeowners who may experience bear problems. The project will utilize bear -proof dumpsters and residents will be provided with information on how to secure their garbage containers to discourage bears from foraging in trash receptacles. Page 10 of 10 H:\2013\2013099\WP\PUD Rezone\Post CCPC\Lido Isles RPUD (PUDZ-PL-20140000393)(CLEAN 5-7-2015).docx LO M LO Packet Pg. 1881 17.C.5 :con..µF �s F FLORIDA DEPARTMENT Of STATE RICK SCOTT Governor June 25, 2015 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ms. Martha Vergara, BMR Senior Clerk Dear Mr. Brock: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 15-35, which was filed in this office on June 25, 2015 Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 LO M LO www.dos.state.fl.us Packet Pg. 1882 17.C.6 1 Planning + Landscape Architecture MEMORANDUM To: Nancy Gundlach, AICP From: Fred Drovdlic, AICP Date: June 6, 2022 Subject: SAN MARINO RPUD AMENDMENT (PL20210001766) Neighborhood Information Meeting Synopsis RVi Planning, SD San Marino representatives and Collier County Staff conducted a Neighborhood Information Meeting (NIM) on Monday, June 6, 2022. The meeting was held at 5:30 p.m. at Fairway Bible Church, 3855 The Lords Way, Naples FL 34114 The sign -in sheet demonstrates that two Collier staff, and Atwell staff and two RVi planners and zero residents attended the live presentation while two residents from Forest Glen attended via Zoom. The master plan that has been submitted for zoning was used as a reference and exhibit. Fred Drovdlic presented. The team was introduced, the site location and entitlement history and then discussed the overall project and combining the PUD's specifying density of 1,321 units on 824 acres = 1.6 du/acre. Closed with next steps with completion of entitlements to take place in September 2022. Question/Comment 1: Forest Glen resident asked for the location of the preserves and if the preserve area was contiguous to the preserve at the southern boundary of Forest Glen and if the development area would have a buffer. Response: Responded that the buffer is a landscaped 12-foot-high wall where development abuts the southern boundary of Forest Glen and that the remaining area east of the developed area are preserves contiguous to Forest Glen's preserve area. Resident was satisfied with the answers and said the development program looks good. Question/Comment 2: Property manager from Forest Glen asked to be sent the presentation. Response: Fred said yes and sent the presentation the next day. The person had no objections to the development program. Page 1 of 1 Packet Pg. 1883 17.C.8 (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 NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Fred Drovdlic WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PL20210001766 �2.�G�i f/2.9G�GGGGCi SIGNATURE OF APPLICANT OR AGENT Fred Drovdlic NAME (TYPED OR PRINTED) 1514 Broadway, Suite 201 STREET OR P.O. BOX Fort Myers, FL 33901 CITY, STATE ZIP STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this 2� day of ljs� , 20_L, by personally known to n r who produced as identification and who did/did not take an oath. Sign tune of Notary Public Printed Name of Notary Public My Commission Expires: (Stamp with serial number) E4:7M CA K LINNc-State of FloridaRev.3/4/2015 n # HH 211052 ission Expires Jill 16, 2026 Packet Pg. 1884 17.C.8 Packet Pg. 1885 Attachment: Public Hearing Sign Affidavit 8-25-22 (23403 : Zoning Petition - PL20210001766-San Marino PUDA) F: V, im pL 'd— v 'El - pr J, A 7L % .7EEam+ 'b 4 L W7. Lr 1 41 4. A r .01 41 F, L L�k j .4-q -1 c nr rl PL p 4% 41 P U dlk� L Zn -F b v r Pla LUL IF v. I 4 t 0 Mt r -q pp -tUl X 329 9 Y RA Nan � Ax % k. V% "W6 w f3. I n UF- Nq % OW + 44 V 0 or L ..% -:g a I 1 1% Op rd r of r % '44 r 9 % tip•Ir T. Ld F L % a %•�'•r+'` •� L. 1.91 N F FRTFG M A Wma 0 MP MMM 'L c �FM@W_.TmWNWj + :9 d ILL A" V 1 % % 9 rl LL 'b.r I;r I 4.1 IK 9 r L. 5r_ • r9 % t L qw 5. A& L d. L ,1 L` 1. P..r 7 )o fir ;L Mv Packet Pg. li % A -0 v%. dl L%L Ado e 9% v�' L' 91" r _V -e h rw VN p L w Lit ti 6116 b I . 411% 11 YL N ti _w sit, T_ lLlL "'b ;k_ II V �PL 79, P, % L %k.LI6 :1 ._ L'. . . 4 40 lbtL t P, d �m di 4c r IL �lp .e %% Pr% r !% r rL N JO L % F) - - L . ir A .4f N p d wl do V I d- V 'n Mb. L vc I p . %P y 5 41 t _+ : •, r r •ti F kl r,� r ' . ZX +' * F•L' f ra 4 +•. ALIP ir PUBLIC HEARING NOTICE 1 f � ■ KvCI0Prn0nt to PUD Rezone t • -may J f�' { �.. }` L�,•,�. ~ 1 '}_. Pet fi ' • L_'.f : F? '+a•. J 1~+rt'� , ' J. •tile},_ - �. y Lk+ rF + rf ■ { rip. y _ i '.� Lxf 1. M r• r��'� 1T1a'1 1 ' BCC Coll er Goverriment_ 3_ *' IFr r~r`. 'W 1- }' 4•I:��fr % • 3299 Lrami:arni Trait -East. 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A. 8AN MARINO (pLj().R)• hkm1 Tr 14 9L 19 PUD Remir- x pe OP . t _1 Pet't'o-n NO PL2()2 10001766 44• "r I I 1�4 N-sl N — P C S LPteirktKIF 2-0.2 2 — �;T' K a M ctobcn 2 5. 2 0 2 2 a. rn. % A 4 a 1�:'+v A �L-f� 'i I . A 41 + A 3 20 Tanli-@ m i Trail Ea 51, Napi ets. FL 3 L %Lil whmont C�Dnkur Collier GovL x4:Zl 7 p p IL r.Nancy Ge I F1 d;ac h, AIC P (2 �9 252 - 2 L 484 31 0 li!F�_ �ri p tj + X Akh 4- L . -rf % r.7 I -A bL F r ma_*- M AA 711�11;114 1p L 41 OL IL k, N L rni 4 IF 4 A— %.JF A� - z,. . I 7 wrM_. 7"', J r,:I/. % _? -Z 16% r . - 6 p 2_- r A I _eo vb_ E7 IF pr m i L k f. % zon- Ok 0 J11 0i 0, r � , -V 4L Pr L C P u r al 13 N, I Planned j r!, r A CCPC BCC 3299 Ta V Nancy r Ir dio 4k or r 'h L L r r *1 7,r % P qv r L Or 19F. r;r L wr b ZW� A % P N. % I p% 0. Amry I * .P A . I, " A . % % , - vA A 3, 1 % A 3w L.A" %I h % L -A. % 4%6•L) L L e6 -L 06' A N6 le L Z :h SAN MARftqo TICE (PUDR) Onit Developmellt e tition No. PL20210t0 01-7U6D6 Re7-.olie 9�L , rO A�3 Vp%rp. L r % r..., lit I ;OFL#6 �4 -L �6 r— September' 155 2022 - 9LOO a.Mr -4. L7 L P . 9LOO a.m. October 25, 2022 1z..ti . j cif o1fier Governrnent Center L 00 6 1. L % j L Lijami Trail East. Naples, FL 34112 k J, r 114 JCP: (239) 252-2484 ;64, Gundlach, A I - -C!, � tip i VQ -.10F117M. r II r !VINP I j - lie 31 low— jPr ••F. :kK dF F, +rt1 - 0— sat". r TF. I % LL Ir % v _Q% d L;or In do ' �N f�» Yngtjj r 1`I F• i, � � � 1 1 Ott I I 1 I k WALDROP ,I.. µl« oo3e San Marino RPUD Amendment D.3q 6 17.C.9 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on October 25, 2022, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2000-10, AS AMENDED BY ORDINANCE NO. 2016-30, THE SAN MARINO RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), TO CONSOLIDATE THE SAN MARINO, WILLOW RUN, AND LIDO ISLES RPUDS AND THE ADJACENT RURAL AGRICULTURAL DISTRICT (A) LAND KNOWN AS CRACKLIN' JACKS INTO ONE RESIDENTIAL PLANNED UNIT DEVELOPMENT CONSISTING OF 1,321 RESIDENTIAL DWELLING UNITS ON 823.6t ACRES; BY REVISING THE STATEMENT OF COMPLIANCE; BY REVISING PROPERTY OWNERSHIP AND DESCRIPTION; BY REVISING DEVELOPMENT STANDARDS, IN PARTICULAR BY ESTABLISHING DEVELOPMENT PARCEL C AND ADDING AND REVISING PERMITTED USES AND DEVELOPMENT STANDARDS FOR PARCELS B AND C; BY REVISING DEVELOPMENT COMMITMENTS; BY REVISING DEVIATIONS; BY REVISING THE MASTER PLAN; BY REVISING THE LEGAL DESCRIPTION, FOR PROPERTY LOCATED NEAR WIN MARINO CIRCLE, ON THE EAST SIDE OF COLLIER BOULEVARD (C.R. 951) APPROXIMATELY 2 MILES NORTH OF THE INTERSECTION OF COLLIER BOULEVARD AND RATTLESNAKE HAMMOCK ROAD IN SECTIONS 11, 12, 13, AND 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; BY REPEALING ORDINANCE NO. 2014-35, WILLOW RUN RPUD, AND ORDINANCE NO. 2015-35, LIDO ISLES RPUD; AND BY PROVIDING AN EFFECTIVE DATE. [PL20210001766] 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 three (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 ten (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 three (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 (7) 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 encourage public involvement, 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 through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specked within the public meeting notice.Individuals who register will receive an email in advance of the public hearing detailing howthey can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at (239) 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101 Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA WILLIAM L. MCDANIEL, JR., CHAIRMAN CRYSTAL K. KINZEL, CLERK By: Martha Vergara, Deputy Clerk (SEAL) ND-GC10953719 Packet Pg. 1893 LOAN AGREEMENT (UTILITY) AMONG FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION AND THE COLLIER COUNTY WATER -SEWER DISTRICT AND JPMORGAN CHASE BANK, N.A. Dated as of .2022 FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION POOLED COMMERCIAL PAPER LOAN PROGRAM TABLE OF CONTENTS Page ARTICLE I DEFINITIONS SECTION 1.01. DEFINITIONS......................................................................................3 ARTICLE II REPRESENTATIONS AND WARRANTIES OF PUBLIC AGENCY SECTION 2.01. REPRESENTATIONS AND WARRANTIES .................................. 14 ARTICLE III LOAN TERM AND THE LOANS SECTION 3.01. COMMENCEMENT OF LOAN TERM............................................17 SECTION 3.02. TERMINATION OF LOAN TERM..................................................17 SECTION 3.03. THE LOANS......................................................................................17 SECTION 3.04. NOTICE OF DRAW...........................................................................18 ARTICLE IV LOAN TERM AND LOAN CLOSING REQUIREMENTS SECTION 4.01. COMMENCEMENT DATE SUBMISSIONS...................................20 SECTION 4.02. CONDITIONS PRECEDENT TO LOANS AND DRAWS .............. 20 SECTION 4.03. LOAN SUBMISSIONS...................................................................... 21 SECTION 4.04. DRAW SUBMISSIONS..................................................................... 21 ARTICLE V LOAN REPAYMENTS SECTION 5.01. PAYMENT OF LOAN REPAYMENTS ........................................... 23 SECTION 5.02. CALCULATION OF LOAN RATE .................................................. 25 SECTION 5.03. LOAN REPAYMENTS...................................................................... 26 SECTION 5.04. MAXIMUM LEGAL INTEREST RATE .......................................... 27 SECTION 5.05. COSTS OF ISSUANCE.....................................................................27 SECTION 5.06. MANDATORY PREPAYMENT....................................................... 28 SECTION 5.07. OBLIGATIONS UNCONDITIONAL ............................................... 28 ARTICLE VI SECURITY FOR LOANS AND PUBLIC AGENCY COVENANTS SECTION 6.01. STATUS OF LOAN OBLIGATIONS ............................................... 29 SECTION 6.02. SECURITY FOR LOAN REPAYMENTS ........................................ 29 i SECTION 6.03. PLEDGED REVENUES....................................................................29 SECTION6.04. RATES................................................................................................ 30 SECTION 6.05. PAYMENT COVENANT.................................................................. 30 SECTION 6.06. ADDITIONAL COVENANTS.......................................................... 30 ARTICLE VII ASSIGNMENT AND PAYMENT BY THIRD PARTIES SECTION 7.01. ASSIGNMENT BY COMMISSION .................................................. 35 SECTION 7.02. ASSIGNMENT BY PUBLIC AGENCY ........................................... 35 ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES SECTION 8.01. EVENTS OF DEFAULT DEFINED .................................................. 36 SECTION 8.02. NOTICE OF DEFAULT..................................................................... 37 SECTION 8.03. REMEDIES ON DEFAULT............................................................... 37 SECTION 8.04. ATTORNEY'S FEES AND OTHER EXPENSES ............................. 38 SECTION 8.05. APPLICATION OF MONEYS.......................................................... 38 SECTION 8.06. NO REMEDY EXCLUSIVE; WAIVER, NOTICE ........................... 38 SECTION 8.07. ASSIGNMENT TO BANK................................................................39 ARTICLE IX EXCESS FUNDS SECTION 9.01. EXCESS FUNDS................................................................................40 ARTICLE X MISCELLANEOUS SECTION 10.01. NOTICES............................................................................................41 SECTION 10.02. BINDING EFFECT............................................................................ 42 SECTION 10.03. SEVERABILITY................................................................................ 42 SECTION 10.04. AMENDMENTS, CHANGES AND MODIFICATIONS ................. 42 SECTION 10.05. EXECUTION IN COUNTERPARTS ................................................ 42 SECTION 10.06. APPLICABLE LAW.......................................................................... 43 SECTION 10.07. WAIVER OF JURY TRIAL............................................................... 43 SECTION 10.08. BENEFIT OF NOTEHOLDERS; COMPLIANCE WITH INDENTURE................................................................................. 43 SECTION 10.09. CONSENTS AND APPROVALS...................................................... 43 SECTION 10.10. IMMUNITY OF OFFICERS, EMPLOYEES AND MEMBERS OFCOMMISSION........................................................................ 43 SECTION10.11. CAPTIONS......................................................................................... 43 SECTION 10.12. NO PECUNIARY LIABILITY OF COMMISSION ......................... 43 ii SECTION 10.13. PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDAYS................................................................................... 44 SECTION 10.14. RIGHT OF OTHERS TO PERFORM PUBLIC AGENCY'S COVENANTS................................................................................ 44 EXHIBIT A FORM OF PUBLIC AGENCY COUNSEL'S OPINION .............. A-1 EXHIBIT B FORM OF PUBLIC AGENCY'S CERTIFICATE ........................ B-1 EXHIBIT C CREDIT FACILITY FEE CERTIFICATE ................................... C-1 EXHIBIT D FORM OF NOTE........................................................................... D-1 EXHIBIT E AGREEMENT RE: CONTINGENCY ACCOUNT ...................... E-1 iii LOAN AGREEMENT (UTILITY) THIS LOAN AGREEMENT, dated as of , 2022 is entered into among the FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION (the "Commission"), a legal entity and a public body corporate and politic created pursuant to Part I of Chapter 163, Florida Statutes (the "Interlocal Act"), and THE COLLIER COUNTY WATER -SEWER DISTRICT, FLORIDA (the "Public Agency"), a body corporate and politic and a duly constituted political subdivision of the State of Florida (the "State") and JPMORGAN CHASE BANK, N.A. (the "Bank"), a national banking association. WHEREAS, the Commission was created for the benefit of duly constituted counties, municipalities and other public agencies as described in the Interlocal Act (collectively, the "Public Agencies"), desiring to participate in a pooled commercial paper loan program in order to obtain cost effective, short-term financing for acquiring, constructing and equipping capital improvements and for other governmental needs; and WHEREAS, the Commission has determined that there is substantial need within the State for a pooled commercial paper loan program (the "Program") which will allow loans to be made to Public Agencies in the State in order to provide funds to such Public Agencies to enable them to acquire, construct and equip capital improvements and to finance other governmental needs; and WHEREAS, the Commission is authorized under the Interlocal Act to issue its obligations to make loans in order to provide funds for such purposes; and WHEREAS, the Commission has determined that the public interest will best be served and that the purposes of the Interlocal Act can be satisfied by the Commission's issuance of commercial paper notes in order to make loans in order to provide funds to Public Agencies desiring to finance the cost of acquiring, constructing and equipping capital improvements and, to the extent permitted by the terms of this Loan Agreement, to finance other governmental needs; and WHEREAS, in furtherance of the foregoing, the Commission shall issue, from time to time, commercial paper notes to be known as "Florida Local Government Finance Commission Pooled Commercial Paper Notes" (the "Notes"), pursuant to the terms of a certain Indenture of Trust, dated as of June 6, 2011 between the Commission and the Trustee (as defined herein) (such Trust Indenture, as amended or supplemented, is referred to herein as the "Indenture"); and WHEREAS, such Notes may be issued under the Indenture as two separate series and shall be further designated as "Series A-1 (Governmental Issue)" and "Series B-1 (AMT Issue)"; and 1 WHEREAS, pursuant to the authority of the Interlocal Act, the Commission desires to loan, from time to time, to the Public Agency such amounts as shall be authorized herein in order to enable the Public Agency to finance various capital improvements and other governmental needs and to pay a pro rata share of the costs of issuing the aforementioned Notes, and the Public Agency desires to borrow various amounts from the Commission subject to the terms and conditions of and for the purposes set forth in this Loan Agreement; and WHEREAS, the Bank desires to provide its Credit Facility for credit and liquidity support for the Program; and WHEREAS, the Public Agency is authorized under and pursuant to Chapter 125, Florida Statutes, the Interlocal Act and other applicable provisions of law to enter into this Loan Agreement for the purposes set forth herein; and WHEREAS, the Commission and the Public Agency have determined that the provision of funds by the Commission to the Public Agency pursuant to the terms of this Loan Agreement and the Indenture will assist in the development and maintenance of the public welfare of the residents of the State and the areas served by the Public Agency, and shall serve a public purpose by improving the health and living conditions, and providing governmental services, facilities and programs and will promote the most efficient and economical development of such services, facilities and programs; NOW, THEREFORE, for and in consideration of the premises hereinafter contained, the parties hereto agree as follows: [Remainder of page intentionally left blank] 2 ARTICLE I DEFINITIONS SECTION 1.01. DEFINITIONS. Unless the context or use indicates another meaning or intent, the following words and terms as used in this Loan Agreement shall have the following meanings (or the meaning specified in the Section hereof or in the document herein referenced), and any other words and terms not otherwise defined herein which are defined in the Indenture shall have the meanings as therein defined. "Accountant" or "Accountants" means an independent certified public accountant or a firm of independent certified public accountants as to whom neither the Commission nor the Bank makes a reasonable objection. "Act" means, collectively, the Interlocal Act, Chapter 125, Florida Statutes, Part II, Chapter 153, Florida Statutes, Chapter 2003-353, Laws of Florida, as amended and supplemented, and all other applicable provisions of law. "Act of Bankruptcy" means a petition filed by or against the Public Agency seeking relief as a debtor under the federal bankruptcy laws or under any other similar applicable law or statute of the United States of America or of the State relating to bankruptcy or insolvency. "Actual Monthly Interest" means, with respect to all Loans of the Public Agency funded from Commercial Paper Notes of a Series, the sum of the Daily Loan Rate times the Daily Loan Balance for each actual day of the period with respect to which such calculation is made. "Additional Payments" means the payments required to be made by the Public Agency pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05, 6.06(e) and 8.04 of this Loan Agreement. "Administration Agreement" means that certain Program Administration Agreement, dated as of June 6, 2011, between the Commission and the Administrator, as amended and supplemented from time to time. "Administrator" means the Florida Association of Counties, Inc., a Florida nonprofit corporation, or such other program administrator selected by the Commission and approved by the Bank in writing to administer the making, originating and administration of the Loans or any portion thereof and to act as the Commission's agent as set forth in the Administration Agreement. "Aggregate Monthly Investment Earnings" means the aggregate amount of earnings credited to the applicable Interest Payment Account from the investment of the daily balances in the Accounts relating to a Series of Commercial Paper Notes for each day of the actual number of days of the period with respect to which such calculation is made. 3 "Aggregate Note Interest" means, with respect to a Series of Commercial Paper Notes, the aggregate amount of interest paid or accrued on all of the Commercial Paper Notes of such Series on the basis (year containing 365/366 days or actual number of days elapsed) set forth in such Commercial Paper Notes during the period with respect to which such calculation is made and if the principal of any Commercial Paper Note is paid with a draw on the Credit Facility which has not been reimbursed, the interest accruing on the Public Agency's Proportionate Share of such drawing in accordance with the provisions of the Credit Agreement until such drawing has been reimbursed. "Aggregate Portfolio Balance" means the sum of Daily Loan Balances for the Public Agency and all other government entities participating in the Program under the same Series of Commercial Paper Notes for each day of the actual number of days of the period with respect to which such calculation is made. "Alternate Credit Facility" has the meaning given such term in the Indenture. "Annual Debt Service" shall have the meaning provided therefor in the Utility Resolution. "Arbitrage Certificate" means the Certificate as to Arbitrage and Certain Other Tax Matters of the Public Agency and any reaffirmations or renewals thereof or new Certificate as to Arbitrage and Certain Other Tax Matters, all as described in Section 6.060)(ii) hereof. "Authorized Officer" means, when used with respect to the Commission, the Chairman of the Board of Directors thereof and such other designated member, agent or representative as may hereafter be selected by Commission resolution, when used with respect to the Administrator, shall mean the person or persons designated by the Administrator, and, when used with reference to a Public Agency, means the person or persons designated by the Public Agency in writing to the Administrator and the Commission and, when used with reference to an act or document, also means any other person authorized by resolution to perform such act or sign such document. "Bank" means JPMorgan Chase Bank, N.A., a national banking association, as issuer of the Letter of Credit, and any successor thereof, and any issuer or issuers of an Alternate Credit Facility with respect to the Commercial Paper Notes. "Bank Rate" means the interest rate charged by the Bank to the Commission pursuant to Section 2.16(b) of the Credit Agreement for any draws made against the Credit Facility to pay maturing Commercial Paper Notes which could not be remarketed by the Dealer. Initially, the Bank Rate shall mean (1) for the first 120 days such Bank Rate is applicable with respect to a Loan, the Base Rate, (2) after the first 120 days such Bank Rate is applicable with respect to a Loan through the stated expiration date of the Credit Facility, the Base Rate plus 1.00%, and (3) thereafter, the Base Rate plus 2.00%. Notwithstanding 2 the foregoing, the Bank and the Commission may amend the definition of Bank Rate under the Credit Agreement from time to time without the consent of the Public Agency. "Base Rate" means the higher of (1) the Loan Rate, (2) the Prime Rate, and (3) 7.5%. "Board" means the Board of County Commissioners of the County, acting as the governing body of the Public Agency. "Bond Counsel" means Nabors, Giblin & Nickerson, P.A., Tampa, Florida, or any other nationally recognized bond counsel acceptable to the Commission and the Administrator. "Business Day" means any day excluding Saturday, Sunday, any other day on which banks in New York City or the cities in which the designated corporate trust office of the Trustee or the office of the Bank at which drawings may be presented under the Letter of Credit are located are lawfully closed and any day on which the Depository Trust Company is closed. "Code" means the Internal Revenue Code of 1986, as amended, and the regulations promulgated or proposed thereunder. "Commencement Date" means , 2022 which is the date when the term of this Loan Agreement begins and the obligation of the Public Agency hereunder to make Loan Repayments, if any, commences. "Commercial Paper Notes" or "Notes" means any Outstanding Florida Local Government Finance Commission Pooled Commercial Paper Notes issued from time to time pursuant to the Indenture. The term "Commercial Paper Notes" shall include both Series of Commercial Paper Notes issued pursuant to the Indenture, unless the context indicates otherwise. "Commission" means the Florida Local Government Finance Commission, and any assigns or successors in function thereto. "Commitment" shall have the meaning ascribed thereto in the Credit Agreement, as it may be modified from time to time pursuant to the Credit Agreement. "Cost" or "Costs," to the extent permitted by law, as the same relates to a Project, shall mean (1) the cost of physical construction, reconstruction or completion; (2) the cost of acquisition or purchase; (3) the cost of all labor, materials, machinery and equipment; (4) the cost of land and interests therein, property rights, easements and franchises of any nature whatsoever; (5) the cost of any indemnity and surety bonds and premiums for insurance during construction; (6) all interest due to be paid on account of this Loan Agreement and other obligations relating to such Project during the period of construction 5 and for such period of time subsequent to completion of acquisition and construction as the Public Agency deems appropriate; (7) engineering, financial, legal and other consultant fees and expenses; (8) the cost of plans and specifications, construction plans, surveys and estimates of costs; (9) payments, when due (whether at the maturity of principal or the due date of interest or upon redemption) on any interim or temporary indebtedness incurred for any portion of such Project; (10) amounts required for reserve funds; (11) costs and expenses related to the Loan Agreement, issuance of the Commercial Paper Notes or other indebtedness related to such Project, all financing charges, and any expenses related to any liquidity facility or credit facility; (12) Additional Payments; and (13) any other costs and expenses properly attributable to acquisition, construction or equipping of such Project, and such other expenses as may be necessary or incidental to this Loan Agreement and the issuance of the Commercial Paper Notes; and shall include reimbursement to the Public Agency for any moneys advanced for any costs incurred by the Public Agency in connection with any such items of cost. "Cost of Operation and Maintenance" shall have the meaning provided therefor in the Utility Resolution. "Counsel" means an attorney or firm of attorneys duly admitted to practice law before the highest court of any state and, without limitation, may include legal counsel for the Commission, the Public Agency, the Trustee, the Dealer or the Bank. "County" means Collier County, Florida, a political subdivision of the State of Florida. "Credit Agreement" means that certain Reimbursement Agreement, dated as of June 6, 2011, between the Commission and the Bank, including any amendments and supplements thereto, and any agreement pursuant to which an Alternate Credit Facility is issued. "Credit Facility" means the Letter of Credit issued by the Bank, or any Alternate Credit Facility. "Daily Investment Balance" means that portion of the amounts on deposit in the Accounts relating to a Series of Commercial Paper Notes which are credited by the Trustee to each public agency in accordance with the provisions of Section 3.03(f) of the Indenture as of any day with respect to which such calculation is made. "Daily Investment Credit Rate" means the quotient of. (1) the Aggregate Monthly Investment Earnings, divided by (2) the sum of Investment Balances with respect to loans funded from all Series of Commercial Paper Notes for the period with respect to which such calculation is made. 71 "Daily Loan Balance" means the principal balance of all Loans of the Public Agency funded from Commercial Paper Notes of a Series outstanding on the day with respect to which such calculation is made. "Daily Loan Rate" means, with respect to a Series of Commercial Paper Notes, the quotient of (1) the Aggregate Note Interest, divided by (2) the Aggregate Portfolio Balance for the period with respect to which such calculation is made. "Dealer" means JPMorgan Chase Securities Inc. acting in its capacity as rate setting agent and dealer for the Commercial Paper Notes pursuant to the Dealer Agreement, or its successors and assigns or any other entity or entities designated by the Commission in writing. "Dealer Agreement" means that certain Commercial Paper Dealer Agreement, dated as of June 6, 2011 between the Commission and the Dealer, and any and all modifications, alterations, amendments or supplements thereto, and any other Dealer Agreement entered into by the Commission and the Dealer with respect to the Commercial Paper Notes. "Default" means any of the events specified in Section 8.01 hereof which with the passage of time or giving of notice or both would constitute an Event of Default hereunder. "Default Rate" means the Base Rate plus 4.00% per annum; provided, however, the Default Rate shall never exceed the Maximum Legal Rate. "Designated Revenues" means (1) Net Revenues in accordance with the terms of Section 6.02 hereof, (2) the proceeds of the Loans pending the application thereof, (3) the proceeds of any obligations issued to refinance Loans made hereunder, and (4) the Pledged Revenues, if any, which shall secure the Loan Repayments as provided in Section 6.03 hereof. "Draw" means the borrowing of money under this Loan Agreement in accordance with Article III hereof "Draw Date" means, with respect to Loans financed with proceeds of the Commercial Paper Notes, the date or dates upon which Draws are funded, which dates shall be agreed to by the Bank, the Administrator and the Public Agency prior to each Draw Date. "Draw Request" means the request by the Public Agency to the Commission for a Draw under its Loan and the corresponding authentication and delivery of a Commercial Paper Note or Commercial Paper Notes of a particular Series. "Estimated Monthly Interest" means, for each calendar month, (1) the Estimated Monthly Rate times the Daily Loan Balance of all Loans of the Public Agency funded from 7 Commercial Paper Notes of a Series which are expected to be outstanding during the calendar month with respect to which such calculation is made, less (2) the sum of (a) the applicable Monthly Investment Credit, plus (b) the Monthly Excess Credit (based on the second prior calendar month). Notwithstanding the foregoing, the Administrator shall calculate the Estimated Monthly Interest for any period occurring before the first Interest Calculation Period as it shall determine in its sole discretion. "Estimated Monthly Rate" means, for each calendar month, 110% of the sum of the Daily Loan Rates for Commercial Paper Notes of a Series during the immediately preceding Interest Calculation Period. Notwithstanding the foregoing, the Administrator may, at any time and from time to time, recalculate the Estimated Monthly Rate in accordance with the requirements of Section 3.03(b) of the Indenture. "Event of Default" has the meaning given such term in Section 8.01 of this Loan Agreement. "Expiration Date" means the scheduled date of expiration of the Credit Facility as the same may be extended from time to time pursuant to the terms thereof. "Fiscal Year" shall have the meaning provided therefor in the Utility Resolution. "Gross Revenues" shall have the meaning provided therefor in the Utility Resolution. "Holders" or "Noteholders" means the registered owners of the Outstanding Commercial Paper Notes. "Indenture" means that certain Indenture of Trust, dated as of June 6, 2011, between the Commission and the Trustee, as the same may be amended and supplemented from time to time. "Interest Calculation Period" means the period commencing on the day (whether or not a Business Day) next succeeding the last day of the previous Interest Calculation Period and ending on the fifteenth (15th) day of the next succeeding calendar month; provided, however, that the first Interest Calculation Period shall be the period commencing on the first sixteenth (16th) day of a calendar month which occurs after the date of initial issuance of Commercial Paper Notes hereunder and ending on fifteenth (15th) day of the next succeeding calendar month. "Interlocal Act" means Part I of Chapter 163, Florida Statutes. "Interlocal Agreement" means that Interlocal Agreement, dated as of February 19, 1991, currently among Brevard County, Florida, Charlotte County, Florida, Collier County, Florida, Lee County, Florida, Osceola County, Florida and Sarasota County, N. Florida, pursuant to which the Commission was created and the Pooled Commercial Paper Loan Program was authorized, as amended and supplemented from time to time. "Investment Balances" means the sum of the daily balances in the Accounts relating to a Series of Commercial Paper Notes for each day of the actual number of days of the period with respect to which such calculation is made. "Letter of Credit" means the irrevocable letter of credit issued by the Bank under the terms and conditions set forth in the Credit Agreement in order to secure the payment of principal of and interest on the Commercial Paper Notes. "Loan" means the loan or loans made, from time to time, by the Commission to the Public Agency pursuant to Section 3.03 hereof. Each loan shall be made to finance or refinance a Project or to finance Public Agency Expenses approved by the Administrator and the Bank in accordance with Section 4.04 hereof. "Loan Agreement" means this Loan Agreement (Utility), as the same may be amended and supplemented from time to time. "Loan Amounts" means the amount of Loans Outstanding at any time of calculation. "Loan Note" means a note of the Public Agency evidencing the obligations incurred hereunder by the Public Agency on account of a Draw made in regard to a Loan, which shall be in substantially the form provided in Exhibit D hereto. "Loan Rate" means the rate of interest the Loan shall bear, which is described in Sections 5.01 and 5.02 hereof; provided, however, the Loan Rate shall never exceed the Maximum Legal Rate. "Loan Repayments" or "Repayments" means the payments of principal and interest on the Loan Amounts payable by the Public Agency pursuant to the provisions of this Loan Agreement and all other payments, including Additional Payments, payable by the Public Agency pursuant to the provisions of this Loan Agreement. "Loan Term" means the term of each Loan as provided in Sections 4.02 and 4.03 hereof. "Maximum Legal Rate" means (1) in the case of a Loan Note, the maximum rate of interest such Loan Note may bear under applicable law and, (2) in the case of Commercial Paper Notes, the maximum rate of interest such Commercial Paper Notes may bear under applicable law; provided, however, that the rate determined under clause (2) shall never be greater than the rate determined under clause (1). 9 "Maximum Loan Amount" means the maximum amount of Loans which at any time is permitted to be outstanding hereunder as provided in, and subject to the terms and conditions of, Section 3.03 hereof. "Monthly Excess Credit" means, for a month, with respect to all Loans of the Public Agency funded from Commercial Paper Notes of a Series the difference (whether or not less than zero) between the Estimated Monthly Interest and the Actual Monthly Interest for the month with respect to which such credit is given. "Monthly Investment Credit" means, for a month, with respect to the Public Agency, the sum of the Daily Investment Credit Rates times the Daily Investment Balance for each day of the actual number of days of the month with respect to which such calculation is made. "Net Revenues" shall have the meaning provided therefor in the Utility Resolution. "Non -Current Loan" means all of the Loans of the Public Agency funded from Commercial Paper Notes of a Series, during any period the Public Agency is in default in the payment, when due, of the principal of or interest on any Loan of the Public Agency, whether by acceleration or otherwise. "Outstanding" in the context of the Commercial Paper Notes, has the meaning given such term in the Indenture. "Outstanding," in the context of the Loans, means the aggregate Loan Amounts less any Loan Amounts for which moneys have been deposited with the Trustee for the repayment thereof. "Parity Obligations" means the Public Agency's outstanding Water and Sewer Refunding Revenue Note (Subordinate), Series 2016 and any other debt issued on parity with Loans hereunder pursuant to Section 6.06(m) hereof. "Person" means an individual, a corporation, a partnership, an association, a trust or any other entity or organization including a government or political subdivision or an agency or instrumentality thereof. "Pledged Revenues" means the revenues, if any, of the Public Agency designated as added security for the Loan Repayments pursuant to Section 6.03 hereof. "Pooled Commercial Paper Loan Program" or "Program" means the pooled commercial paper loan program of the Commission authorized by the Interlocal Agreement and a resolution of the Commission. "Prime Rate" means for any day the greater of: (1) the rate of interest announced by the Bank from time to time as its prime commercial rate for U.S. dollar loans, or equivalent, as in effect on such day, 10 with any change in the Prime Rate resulting from a change in said prime commercial rate to be effective as of the date of the relevant change in said prime commercial rate; or (2) the sum of (a) the rate determined by the Bank to be the average (rounded upwards, if necessary, to the next higher 1/100 of 1%) of the rates per annum quoted to the Bank at approximately 10:00 a.m. (New York time) (or as soon thereafter as is practicable) on such day (of, if such day is not a Business Day, on the immediately preceding Business Day) by two or more Federal funds brokers selected by the Bank for the sale to the Bank at face value of Federal funds in an amount equal or comparable to the principal amount owed to the Bank for which such rate is being determined, plus (b) 1/2 of 1% (0.50%). "Program Termination Date" shall have the meaning given such term in the Indenture. "Project" or "Projects" shall refer to the development, acquisition, construction and equipping of certain improvements and public facilities in the Public Agency. The Project or Projects to be financed or refinanced by each Loan shall be described in the resolution or ordinance of the Public Agency authorizing such borrowing, as the same may be amended from time to time by the Board. "Proportionate Share" means, at any time of calculation, a fraction the numerator of which is the Outstanding unpaid principal balance of the Loan Amounts of the Public Agency under this Loan Agreement and the denominator of which is the sum of the Outstanding unpaid principal balance of all Loan Amounts of all Public Agencies under the loan agreements funded with the proceeds of the Commercial Paper Notes (whether such balances are unpaid because they are not then due or because they are past -due and in default). "Public Agency" means the signatory to this Loan Agreement which is a duly constituted political subdivision of the State, which Public Agency is using the Loan proceeds to finance, refinance and/or reimburse the Costs of Projects or Public Agency Expenses. "Public Agency Commitment" means that portion of the Commitment which is allocable or attributable to Loans of the Public Agency. "Public Agency Expenses" means, to the extent permitted by the terms of this Loan Agreement, expenses of the Public Agency which may include operating expenses or working capital of the Public Agency. Public Agency Expenses to be financed or refinanced by a Loan shall be described in the resolution or ordinance of the Public Agency authorizing such borrowing, as the same may be amended from time to time by the Board. 11 "Rates" means the rates, fees, rentals and other charges imposed by the Public Agency for the use of the products, services and facilities of the System. "Repayment Schedule" means the schedule of repayments approved by the Administrator pursuant to Section 4.02 hereof, as the same may be modified from time to time in accordance with the terms of this Agreement, including Sections 3.04(c) and 5.01(c) hereof. "Senior Obligations" means (1) the Public Agency's Water and Sewer Refunding Revenue Bonds, Series 2016, Water and Sewer Revenue Bond, Series 2018, Water and Sewer Revenue Bonds, Series 2019 and Water and Sewer Revenue Bonds, Series 2021; (2) any obligations issued on parity with any of the obligations described in clause (1) above; (3) any obligations issued to refund any of the obligations described in clause (1) or (2) above; and (4) any obligations issued on parity with the obligations described in clause (3) above. "Series" means the Series A Notes and the Series B Notes and any other series of Commercial Paper Notes authorized to be issued pursuant to the Indenture. "Series A Notes" means the "Florida Local Government Finance Commission Pooled Commercial Paper Notes, Series A-1 (Governmental Issue)" issued pursuant to the Indenture. "Series B Notes" means the "Florida Local Government Finance Commission Pooled Commercial Paper Notes, Series B-1 (AMT Issue)" issued pursuant to the Indenture. "Special Assessment Proceeds" shall have the meaning provided therefor in the Utility Resolution. "State" means the State of Florida. "System" shall have the meaning provided therefor in the Utility Resolution. "System Development Fees" shall have the meaning provided therefor in the Utility Resolution. "Trustee" means U.S. Bank, National Association, acting in its capacity as Trustee under the Indenture, or any successor trustee or co -trustee. "Trust Estate" has the meaning given such term in the Indenture. "Utility Resolution" means the Public Agency's Resolution No. CWS-85-5, adopted on July 30, 1985, as restated, amended and supplemented, and any successor instrument thereto. 12 "Written" or "in writing" means any form of written communication or a communication by means of electronic mail, telex, facsimile transmission device, telegraph or cable. [Remainder of page intentionally left blank] 13 ARTICLE II REPRESENTATIONS AND WARRANTIES OF PUBLIC AGENCY SECTION 2.01. REPRESENTATIONS AND WARRANTIES. The Public Agency represents and warrants for the benefit of the Commission, the Administrator, the Trustee, the Bank and the Holders as follows: (a) Organization and Authority. The Public Agency is located in the State, is duly organized and validly existing as a body corporate and politic and a political subdivision of the State and has all requisite power and authority to carry out the transactions contemplated hereby. (b) Full Disclosure. There is no fact that the Public Agency has not specifically disclosed in writing to the Commission, the Administrator and the Bank, prior to the date of its execution hereof, that materially and adversely affects or, so far as the Public Agency can now foresee, that will materially adversely affect, the financial condition of the Public Agency, the Designated Revenues or the ability of the Public Agency to perform its obligations under this Loan Agreement. To the best knowledge of the Public Agency, the financial statements, and any other written statement furnished by the Public Agency to the Commission, the Administrator and the Bank, do not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements contained therein or herein not misleading, and since the date of such financial statements there has been no material adverse changes in the financial condition of the Public Agency. There is no fact known to the Public Agency which the Public Agency has not disclosed to the Commission, the Administrator and the Bank in writing which materially adversely affects the financial condition of the Public Agency. (c) Pending Litigation. Except as described in writing by the Public Agency to the Commission, the Administrator and the Bank, there are no proceedings pending, or to the best knowledge of the Public Agency threatened, against or affecting the Public Agency, in any court or before any governmental authority or arbitration board or tribunal that, if adversely determined, would materially and adversely affect the financial condition of the Public Agency, the Designated Revenues or existence or powers or ability of the Public Agency to enter into and perform its obligations under this Loan Agreement. (d) Borrowing Legal and Authorized. The execution and delivery of this Loan Agreement and the Loan Notes, the consummation of the transactions provided for in this Loan Agreement, the security for Loan Repayments provided for herein, and compliance by the Public Agency with the provisions of this Loan Agreement: (i) are within the powers of the Public Agency and have been duly and effectively authorized by all necessary action on the part of the Public Agency; 14 (ii) do not require approval by referendum of the qualified electors of the Public Agency (except to the extent such referendum has been heretofore held and has approved the same); and (iii) do not and will not (A) conflict with or result in any breach of any of the terms, conditions or provisions of, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any property or assets of the Public Agency (other than the liens created hereby) pursuant to any indenture, loan agreement or other agreement or instrument to which the Public Agency is a party or by which the Public Agency, its properties or operations may be bound, or (B) with the giving of notice or the passage of time or both, constitute a breach or default of any such loan agreement, indenture or other agreement or instrument or so result in the creation or imposition of any such lien, charge, or encumbrance (other than the liens created hereby), or (C) result in any violation of the provisions of the Act, or any laws, ordinances, governmental rules or regulations or court orders to which the Public Agency, its properties or its operations may be bound. (e) No Defaults. No event has occurred and no condition exists that constitutes an Event of Default, or which with the passage of time or giving of notice, or both, would constitute an Event of Default. (f) Governmental Consent. The Public Agency has obtained all permits, approvals and findings of non-reviewability required by any governmental body or otherwise for its participation in the Pooled Commercial Paper Loan Program. The Public Agency has complied with all applicable provisions of law requiring any notification, declaration, filing or registration with any court, agency or other governmental body or officer in connection with its participation in the Pooled Commercial Paper Loan Program. The Public Agency's participation in the Pooled Commercial Paper Loan Program and the execution and delivery of this Loan Agreement is consistent with, and does not violate or conflict with, the terms of any such court, agency or other governmental consent, order or other action which is applicable thereto. (g) Binding ag tion. This Loan Agreement is, and each of the Loan Notes will be, a legal, valid and binding obligation and agreement of the Public Agency, enforceable against the Public Agency in accordance with its terms except that the enforceability hereof may be limited by laws relating to the bankruptcy or insolvency of the Public Agency or other similar laws affecting creditors' rights generally or by general principles of equity. (h) Compliance with Act. All agreements and transactions provided for herein or contemplated hereby are in full compliance with the terms of the Act. 15 (i) Certificates and Resolutions. All resolutions and certificates subsequently adopted or executed, as the case may be, by the Public Agency in connection with and pursuant to the provisions of this Loan Agreement shall be incorporated herein by reference. Any resolution subsequently adopted by the Public Agency authorizing the issuance of any Loan Note hereunder shall be deemed to be a contract between the Public Agency and the Commission with respect to such Loan Note. [Remainder of page intentionally left blank] ARTICLE III LOAN TERM AND THE LOANS SECTION 3.01. COMMENCEMENT OF LOAN TERM. The Public Agency's obligations under this Loan Agreement shall commence on the Commencement Date. SECTION 3.02. TERMINATION OF LOAN TERM. The Public Agency's obligations under this Loan Agreement shall terminate after (a) payment in full of all Loan Repayments, including Additional Payments and other payments due hereunder, and (b) the Public Agency shall provide notice to the Administrator, the Trustee, the Dealer and the Bank of its desire to terminate its obligations hereunder; provided, however, that all covenants and obligations hereunder specified to so survive shall survive the termination of this Loan Agreement and the payment in full of all amounts due hereunder. Upon termination of the Public Agency's obligations hereunder, the Commission, the Administrator, the Bank and the Trustee shall, upon request by the Public Agency, deliver, or cause to be delivered, to the Public Agency an acknowledgment thereof, subject to the proviso set forth in the preceding sentence. During such time as no Loans are Outstanding hereunder and all payments have been made hereunder, the covenants, agreements and representations made by the Public Agency shall not be binding, except as otherwise expressly provided herein. SECTION 3.03. THE LOANS. (a) The Commission hereby agrees to make Loans to the Public Agency from time to time, in accordance with the terms hereof, in an aggregate amount not to exceed $ ; provided, however, such amount may be increased or decreased in accordance with the provisions hereof, provided, further, no Draws for a Loan shall be made after the Administrator determines that such Draw shall cause the aggregate principal amount of Commercial Paper Notes Outstanding and interest thereon to the stated maturity dates thereof to exceed the Commitment available under the Credit Facility. The Maximum Loan Amount may be increased by approval of the Commission and the Bank and shall be the aggregate amount of all Loans authorized by the Commission and the Bank to be Outstanding hereunder at any one time, subject to the terms and conditions set forth herein. The Maximum Loan Amount may be decreased at any time upon written notice delivered by the Bank to the Public Agency and the Administrator that, in the Bank's judgment, it has determined that it would not then approve a Draw by such Public Agency for any reason, including, but not limited to, a material decline of the financial condition of the Public Agency; provided, however, such decrease in the Maximum Loan Amount shall have no effect on the outstanding amount of Loans made to the Public Agency. Loans shall be subject to approval by the Administrator and the Bank in accordance with the provisions of Section 4.02 hereof. Draws which have been approved by the Administrator pursuant to Section 4.02 hereof and by the Bank pursuant to Section 3.03(b) hereof and for which all documentation has been submitted pursuant to Sections 4.03 and 4.04 hereof may be made by the Public Agency upon notice pursuant to 17 a Draw Request to the Administrator and the Bank as provided in Section 3.04 hereof. The proceeds of each Loan shall forthwith be used to finance, refinance or reimburse the Public Agency for the Costs of a Project or Projects or for Public Agency Expenses, in each case as approved by the Administrator and the Bank in accordance with Section 4.02 hereof. A Loan which shall be used to finance Public Agency Expenses shall be made only if the Administrator and the Bank are in possession of an opinion of Bond Counsel to the effect that utilization of such Loan for such purposes is permitted by the Act. The Loan shall be repaid in accordance with the provisions of Articles IV and V hereof. (b) The Maximum Loan Amount described in Section 3.03(a) hereof is not a commitment by the Bank to approve an increase in the amount of the Commitment or to approve any Draw hereunder. Each Draw which the Commission agrees to make to the Public Agency is subject to Bank review and an increase in the Commitment required in order to make the Draw may be rejected by the Bank in its sole discretion. No one shall have recourse against the Bank in the event (i) the Bank rejects a request to increase the Commitment available under the Credit Facility, (ii) the Public Agency receives any notice from the Bank pursuant to Section 3.03(a) hereof of a decrease of the Maximum Loan Amount or (iii) the Public Agency receives any notice from the Bank pursuant to Section 5.06 that the Expiration Date will not be extended or that any portion of the Public Agency Commitment will not be extended. (c) In order to obtain an agreement from the Bank to approve all the Draws to be made under a Loan or Loans to be made by the Commission pursuant to the terms hereof and accordingly increase the Commitment under the Credit Facility, the Public Agency may enter into an agreement with the Bank whereby the Bank will agree to such increase in the Commitment upon payment, or agreement for payment, of a commitment fee or fees. The amount of the commitment fee or fees and the terms of the commitment shall be mutually agreed upon by the Bank and the Public Agency. The Administrator shall receive a copy of any such agreement. The amount of such commitment fee or fees shall be reflected in a certificate substantially in the form of Exhibit C hereto. SECTION 3.04. NOTICE OF DRAW. (a) At least sixty (60) days (or such shorter period of time as may be agreed to by the Public Agency, the Bank and the Administrator) prior to a Draw Date on which the Public Agency desires to make the initial Draw on account of a Loan it shall submit to the Administrator and the Bank for review and approval pursuant to Section 4.02 hereof (i) a description of the Project or Projects (or the Public Agency Expenses) to be financed or refinanced by such Loan, (ii) the amount of the Loan, and (iii) the Repayment Schedule of the Loan. At or prior to the time of making the initial Draw for a Loan, the Public Agency shall also submit the documentation described in Section 4.03 hereof. (b) In the case of Draws which have been approved in accordance with the provisions of Section 4.02 hereof, the Public Agency shall give the Administrator, the Bank and the Dealer a Draw Request at least forty-five (45) days prior to the Draw Date on which In it wants to make such Draw (or such shorter period of time as may be agreed to by the Public Agency, the Bank and the Administrator). The Draw shall be made in accordance with Section 4.02 hereof. Such Draw Request shall state (i) the amount of the Draw, (ii) the Draw Date, (iii) the purpose of the Draw, (iv) the Series of Commercial Paper Notes to be used to fund the Draw, (v) the information required by Section 4.04(f) hereof and any other information required by the Bank, and (vi) the Repayment Schedule for the Draw (which shall be in compliance with the Repayment Schedule approved by the Administrator pursuant to Section 4.02 hereof). (c) Loan Repayments shall be made in accordance with the Repayment Schedule approved pursuant to Section 4.02 hereof; provided, however, the Public Agency may repay all or a portion of a Loan upon at least forty-five (45) days (or such shorter period of time as may be agreed to by the Public Agency, the Bank and the Administrator) written notice to the Administrator, the Dealer and the Bank, but only to the extent the Administrator determines that there will be sufficient Commercial Paper Notes coming due at such time of requested prepayment so as to permit such contemporaneous redemption of an equal principal amount of Commercial Paper Notes; and, provided further, each Loan or any portion thereof shall also be subject to mandatory prepayment pursuant to Section 5.06 hereof. The Repayment Schedule may be modified at any time upon written consent of the Administrator and the Bank. In the event of a failure to remarket Commercial Paper Notes, the Repayment Schedule shall be deemed to be modified to conform to the schedule of repayments required pursuant to the terms of Section 2.16(a)(iv)(C) of the Credit Agreement. In the event a Repayment Schedule shall be extended to a date later than the originally scheduled repayment date or dates, the Credit Facility fees and charges for that portion of the Commitment related to the Loan for which such Repayment Schedule was extended shall be as agreed to by the Bank and the Public Agency. Any changes to the Repayment Schedule, other than changes required by Section 2.16(a)(iv)(C) of the Credit Agreement, shall be reflected in a resolution adopted by the Public Agency approving the Loan relating thereto; provided, however, such changes shall take effect in accordance with the terms hereof and of the Credit Agreement. (d) Draws on a Loan shall be made only to the extent such Draw shall not cause the aggregate principal amount of Commercial Paper Notes Outstanding and interest thereon to stated maturity to exceed the Commitment. (e) A copy of all information relating to Draws submitted to the Administrator by the Public Agency pursuant to the terms hereof shall be sent by the Administrator to the Bank within five (5) Business Days of receipt thereof. 19 ARTICLE IV LOAN TERM AND LOAN CLOSING REQUIREMENTS SECTION 4.01. COMMENCEMENT DATE SUBMISSIONS. On or before the execution of this Loan Agreement, the Public Agency shall have caused to be delivered to the Administrator, the Bank and Bond Counsel the following items in form and substance acceptable to the Administrator, the Bank and Bond Counsel: (a) An opinion of the Public Agency's Counsel or Bond Counsel regarding the due authorization, validity and enforceability of this Loan Agreement and the due adoption of the resolution or ordinance of the Public Agency authorizing the execution and delivery of this Loan Agreement (enforceability may be subject to standard bankruptcy exceptions and the like); provided such opinion may be delivered at the time of the first Draw on the initial Loan; (b) A certified resolution or ordinance of the Public Agency, authorizing the execution and delivery of this Loan Agreement; (c) Approval of the Public Agency as a participant in the Pooled Commercial Paper Loan Program by the Bank and approval by the Bank of this Agreement and Designated Revenues; and (d) Such other certificates, opinions, documents and information as the Administrator, the Bank or Bond Counsel may reasonably require. SECTION 4.02. CONDITIONS PRECEDENT TO LOANS AND DRAWS. Each Loan made to a Public Agency pursuant to the terms hereof shall be subject to approval by the Commission or the Administrator, acting on behalf of the Commission, in its sole discretion, of (a) the Project or Projects or Public Agency Expenses to be funded from the proceeds of the Loan, (b) the Loan Amount applicable to such Loan, (c) the Series of Commercial Paper Notes to be used to make the Loan, and (d) the Repayment Schedule of such Loan. The Repayment Schedule and Loan Amount must be approved by the Bank. The Repayment Schedule may be amended from time to time subject to the provisions of Sections 3.04(c) and 5.01(b) and (c) hereof. The Repayment Schedule shall also be amended, by notice from the Administrator or the Bank to the Public Agency and the Trustee, to the extent necessary to amortize the Loan in accordance with Section 2.16(a) of the Credit Agreement. Approval by the Administrator shall be evidenced by the certificate of an Authorized Officer thereof. Each Draw shall be subject to the provisions of Section 3.03(b) hereof relating to Bank approval of the increase in the Commitment which is a condition precedent to each such Draw. SECTION 4.03. LOAN SUBMISSIONS. At or before the time of making the initial Draw for each Loan, the Public Agency shall provide to the Administrator, the Bank and Bond Counsel the following documents each dated the date such Draw is made: (a) A certified resolution or ordinance of the Public Agency, authorizing such Loan and authorizing the Project or Projects or Public Agency Expenses to be funded from proceeds of the Loan; (b) An opinion of the Public Agency's Counsel and/or Bond Counsel in form and substance acceptable to the Administrator and the Bank substantially in the form of Exhibit A to this Loan Agreement; provided, however, that the Administrator may permit variances in such opinion from the form or substance of such Exhibit A, with the consent of the Bank, if, in the judgment of the Administrator, such variance is not to the material detriment of the interests of the holders; (c) A certificate of the officials of the Public Agency who sign this Loan Agreement substantially in the form of Exhibit B to this Loan Agreement; provided, however, that the Administrator may permit variances in such certificate from the form or substance of Exhibit B, with the consent of the Bank, if, in the judgment of the Administrator, such variance is not to the material detriment of the interests of the holders; (d) This executed Loan Agreement; (e) An Arbitrage Certificate in form and substance satisfactory to Bond Counsel; (f) Approval of the Administrator and the Bank required by Section 4.02 hereof; (g) The Repayment Schedule for the Draw, as approved pursuant to Section 4.02 hereof, (h) An executed IRS Form 8038G; and (i) Such other certificates, documents, opinions and information as the Administrator, the Bank or Bond Counsel may reasonably require. The aforementioned opinions, documents and certificates need not be submitted to the extent they have been previously submitted by the Public Agency, except as the same are required by the Administrator or Bank to be updated. Provision of any of the above - described documents may be waived by the Administrator and the Bank. SECTION 4.04. DRAW SUBMISSIONS. At or prior to the time of making any Draw for a Loan the Public Agency shall submit to the Administrator, the Bank and Bond Counsel: (a) A copy of the Draw Request for such Draw; 21 (b) If applicable, a copy of a completed and executed Form 8038-G relating to the Draw to be filed with the Internal Revenue Service; (c) A certificate of an Authorized Officer of the Public Agency to the effect that the representations and warranties contained in the Loan Agreement are true and correct as of the date of the Draw and that no Default or Event of Default exists at such date; (d) A copy of a certificate substantially in the form of Exhibit C hereto indicating the Credit Facility fee applicable to such Draw; (e) A Loan Note duly executed by the Public Agency reflecting the terms of the Draw, including the Repayment Schedule, in form and substance as provided in Exhibit D hereto; (f) A certificate of an Authorized Officer of the Public Agency setting forth any Senior Obligations or other debt secured by the Net Revenues issued by the Public Agency since the last Draw and stating whether there has been any material adverse change in the financial condition of the Public Agency since the date the last financial statements were filed with the Bank; (g) A new or amended Arbitrage Certificate; and (h) Such other opinions, documents, certificates and information as the Administrator, the Bank or the Bond Counsel may reasonably require. Provision of any of the above -described documents may be waived by the Administrator and the Bank. [Remainder of page intentionally left blank] 22 ARTICLE V LOAN REPAYMENTS SECTION 5.01. PAYMENT OF LOAN REPAYMENTS. (a) The Public Agency shall make all Loan Repayments in lawful money of the United States of America to the Trustee. All Loan Repayments shall be made by electronic or wire transfer or other method of immediate funds payment. The principal of each Loan shall be repaid in accordance with the Repayment Schedule relating thereto. The principal component of a Loan Repayment shall be paid on or before the date such amount is due, subject to the provisions of Sections 3.04(c) and 5.06 hereof, provided the Public Agency pays the Trustee moneys which are available not later than such due date. Unpaid interest on the Outstanding principal balance of the Loan Amounts shall be paid by the Public Agency to the Trustee, as follows: (i) On or before the twenty-fifth (25th) day of each calendar month, the Administrator will determine the Estimated Monthly Rate and Estimated Monthly Interest for the Loan Amounts of each Series of Commercial Paper Notes from which such Loan Amounts are derived for the next succeeding calendar month. (ii) No later than the twenty-fifth (25th) day of each month, the Administrator shall provide an invoice to the Public Agency setting forth the total amount (including without limitation, Loan Repayments and Additional Payments) due on the first Business Day of the next succeeding month. Such written notice shall state the amount of interest, Additional Payments, Monthly Investment Credits and Monthly Excess Credits relating to each Loan of the Public Agency. Such notice shall also state the amount of principal due, if any, in the next succeeding month. A copy of such notice shall be provided to the Trustee. (iii) On or before the first Business Day of each month the Public Agency shall pay to the Trustee for deposit into the Interest Payment Account the Estimated Monthly Interest for such calendar month relating to each Series of Commercial Paper Notes together with the other amounts invoiced pursuant to clause (ii). (iv) If, at any time and from time to time during a month, the Administrator determines that the amount on deposit in the Interest Payment Account will be insufficient to pay the interest due or to become due on Commercial Paper Notes in such month, the Administrator shall recalculate the Estimated Monthly Interest due from the Public Agency and require, on three (3) Business Days' notice to the Public Agency, the Public Agency to pay to the Trustee, as a part of the interest component of the Loan Repayment due in such month, an amount equal to the difference, if any, between the Estimated Monthly Interest as previously calculated and the Estimated Monthly Interest as so recalculated. Notwithstanding the definition of Estimated Monthly Rate and in accordance with the provisions of Section 3.03(b) of the Indenture, the Administrator, in its sole discretion, may 23 recalculate the Estimated Monthly Rate if necessary to ensure sufficient funds are on deposit in the applicable Interest Payment Account under the Indenture. Upon full payment and discharge of the Loan, the Commission shall cause the Trustee to pay over to the Public Agency the Monthly Investment Credits and Monthly Excess Credits accrued during the calendar month in which the Loan is paid and discharged. (b) Notwithstanding the foregoing, if the Public Agency fails to make a Loan Repayment on the due date thereof and an unreimbursed draw is made on the Letter of Credit as a result of such delinquency, interest will accrue on the unpaid portion of the Loan Repayment at the Default Rate from the original due date of such Loan Repayment to the date of payment of all due and unpaid Loan Repayments. (c) The principal component of any Loan Repayments shall be paid by the Public Agency to the Trustee at such time and in such manner as provided in the Repayment Schedules, unless (i) the Loan Amounts are prepaid in accordance with the terms hereof, (ii) the Repayment Schedules are modified in accordance with the terms hereof, including, but not limited to Section 3.04(c) hereof, (iii) any portion of the Loan becomes subject to mandatory prepayment pursuant to Section 5.06 hereof, or (iv) the due dates of the Loan Repayments are accelerated pursuant to the terms of Section 8.03 hereof. (d) In determining the Estimated Monthly Interest as described in Section 5.01(a) above, the Public Agency receives a credit against each Loan Repayment for investment earnings on moneys in the Accounts. The Public Agency shall receive a pro- rata share of such investment earnings based on the amount of money representing the interest component of Loan Repayments as described in Section 5.02(a) hereof made by each Public Agency participating in the Pooled Commercial Paper Loan Program. (e) The Public Agency acknowledges that the Commission has agreed, pursuant to Section 3.03 (g) of the Indenture, that upon the occurrence and continuance of any default under Section 8.01(a) hereof, or, upon the acceleration of the Loan, all Loan Repayments are to be deposited by the Trustee in a special escrow account pursuant to such Section 3.03(g) and held as a part of the Trust Estate for the sole benefit of and as security for the Noteholders and the Bank, pending the application of such moneys to pay, or to reimburse the Bank (including interest on unreimbursed amounts at the applicable rate or rates as set forth in the Credit Agreement) for L/C Payments made by the Bank to pay, Commercial Paper Notes and the interest thereon at their maturity; provided, that (i) any net earnings (or losses) derived from the investment of any portion of such moneys held in such special escrow account shall be credited to (or, in the case of losses, payable by) the Public Agency, and (ii) the Public Agency shall remain liable for its share of the amounts specified in subsections (a), (b), (c) and (d) of Section 5.02 hereof accruing during the period moneys are held by the Trustee in such special escrow account. The Public Agency agrees that it shall have no interest in or rights to such special escrow account, subject to clause (i) of 24 the proviso in the preceding sentence. The provisions of this Section 5.01(e) shall survive the payment in full of the Loan Repayments. (f) The Public Agency shall make all Loan Repayments in lawful money of the United States of America to the Trustee as required hereby. All Loan Repayments shall be made by electronic or wire transfer or other method of immediate funds payment at or prior to 3:00 p.m. on the due date. (g) Any amount not paid when due shall bear interest at the Default Rate until paid. SECTION 5.02. CALCULATION OF LOAN RATE. Except as otherwise provided in Section 5.01 of this Loan Agreement, the Loan Rate shall equal the sum of subsections (a), (b), (c) and (d) minus (e) of this Section 5.02: (a) Interest on the Commercial Paper Notes. A rate which reflects the Actual Monthly Interest on the Loan, payable in the amount of Estimated Monthly Interest, subject to Monthly Excess Credits and Monthly Investment Credits, as provided in Section 5.01 hereof, and, provided further, however, the Public Agency recognizes that when Commercial Paper Notes become due for payment and Commercial Paper Notes cannot be sold by the Dealer to repay such maturing Commercial Paper Notes, such Commercial Paper Notes must be paid with funds provided by the Bank under the Credit Agreement, and the interest rate on Loans or portions thereof will reflect the Bank Rate in accordance with the terms of the Credit Agreement. (b) Proportionate Expenses. A rate which reflects the Public Agency's Proportionate Share of the following items, fees and expenses to the extent that such items are not paid as provided in Sections 5.05 and 6.06(e) hereof- (i) the fees and expenses of the Administrator owed to it under the Administration Agreement; (ii) the fees and expenses of the Trustee owed to it under the Indenture; (iii) the expenses of the Commission, including legal and accounting fees; (iv) the rating fees of Moody's Investors Service and/or Standard & Poor's Corporation; (v) any loss on investments of the Trust Estate; (vi) any fees or penalties related to terminating the Program or replacing the Credit Facility; and 25 (vii) such other reasonable fees and expenses in connection with the Commercial Paper Notes or this Loan Agreement as the Commission may determine. Extraordinary expenses payable pursuant to this Section 5.02(b) shall be stated separately on the bill delivered by the Administrator to the Public Agency. (c) Credit Facility Charges. A rate which reflects the Credit Facility fees or charges of the Bank owed to it under the Credit Agreement by the Public Agency, plus any commitment fees or other fees payable under Section 3.03(c) hereof. The letter of credit fees component of such Credit Facility charge or charges shall be provided in a certificate substantially in the form of Exhibit C hereto or in a resolution adopted by the Public Agency approving the Loan relating thereto, as the same may be amended from time to time. In addition, the Public Agency shall be responsible for payment of a Proportionate Share of any other amounts owing the Bank under the Credit Agreement. (d) Proportionate Dealer Fees. A rate which reflects the Public Agency's Proportionate Share of the fees and expenses of the Dealer owed to it under the Dealer Agreement. (e) Credits. The Public Agency shall receive the credits referred to in Sections 5.01(a) and 5.01(d) hereof (without duplication), applied as set forth in Section 5.02(a) above. SECTION 5.03. LOAN REPAYMENTS. The obligation of the Public Agency to make Loan Repayments or payment of any other amounts required hereunder and to perform and observe the other covenants and agreements contained herein shall be absolute and unconditional in all events. Notwithstanding any dispute between the Public Agency and the Commission, the Trustee, the Bank, the Administrator or any Noteholder, the Public Agency shall pay Loan Repayments or any other amounts when due and shall not withhold any Loan Repayments or any other amounts payable hereunder pending final resolution of such dispute nor shall the Public Agency assert any right of setoff or counterclaim against its obligation to make such payments required under this Loan Agreement. The Public Agency's obligation to make payment of Loan Repayments or any other amounts due shall not be abated through accident or unforeseen circumstances. The Commission, the Bank and the Public Agency agree that the Public Agency shall bear all risk of damage or destruction in whole or in part to the Projects or any part thereof, including without limitation any loss, complete or partial, or interruption in the use, occupancy or operation of such Projects, or any manner or thing which for any reason interferes with, prevents or renders burdensome the use or occupancy of the Projects or the compliance by the Public Agency with any of the terms of this Loan Agreement. Notwithstanding the foregoing, this Section shall not limit the rights of the Public Agency to recover amounts owing to it, except as specifically set forth herein. all SECTION 5.04. MAXIMUM LEGAL INTEREST RATE. Notwithstanding the calculation of interest pursuant to Section 5.02 hereunder, the Commission and the Public Agency acknowledge that it is their intent to contract hereunder in strict compliance with the usury laws of the State. In furtherance thereof, the Commission and the Public Agency stipulate and agree that none of the terms and provisions contained herein or under any instruments held as security hereunder, shall ever be construed to create a contract for the use, forbearance or detention of money requiring payment of interest at a rate in excess of the Maximum Legal Rate. The Public Agency shall never be liable for interest on any Loan Note at a rate in excess of the Maximum Legal Rate applicable thereto. The provisions of this Section shall control over all other provisions of this Loan Agreement and any other instruments executed in connection herewith which may be in apparent conflict herewith. If a court of competent jurisdiction shall make a final determination that the performance of any provision of this Loan Agreement shall result in a payment of an amount for such use, forbearance or detention in excess of the Maximum Legal Rate, then (a) such provision shall be deemed to be appropriately modified to the extent necessary to reduce such interest to an amount not in excess of such Maximum Legal Rate, and (b) any such excess amounts theretofore received by the Commission or its assignees shall be deemed to have been a prepayment of a like principal amount of said Loan Notes, and all necessary reallocations of subsequent payments with respect to said Loan Notes shall be made. In addition, if the rate of interest payable under Section 5.02 hereof shall exceed the Maximum Legal Rate for any period for which interest is payable (i) interest at the Maximum Legal Rate shall be due and payable with respect to such interest period, and (ii) to the extent permitted by applicable law, interest at the rate equal to the difference between (A) the rate of interest calculated in accordance with the terms hereof and (B) the Maximum Legal Rate (the "Excess Interest") shall be deferred until such date as the rate of interest, calculated in accordance herewith, ceases to exceed the Maximum Legal Rate, at which time the Public Agency shall pay the Commission such portion of the deferred Excess Interest as will cause the rate of interest then paid to the Commission to equal the Maximum Legal Rate, which payments of deferred Excess Interest shall continue until all such deferred Excess Interest is fully paid to the Commission. SECTION 5.05. COSTS OF ISSUANCE. (a) At the time of each Draw hereunder, the Public Agency agrees to pay the Administrator an amount equal to $2,000 for each $1,000,000 of Loan Amounts then Outstanding (including the proposed Draw) to the extent not previously paid with respect to such Outstanding amounts. The maximum aggregate amount payable pursuant to this Section 5.05(a) shall be $40,000. Such fees shall represent the Public Agency's share of the costs of structuring the Commercial Paper Loan Program. (b) The Public Agency shall also pay the Administrator, the Bank, Bank's Counsel and Bond Counsel, as the case may be, all reasonable fees and expenses associated with approving and administering the Loans and the Draws pursuant to the provisions of this Loan Agreement. 27 SECTION 5.06. MANDATORY PREPAYMENT. (a) All Loans of the Public Agency will become due and payable in full on the Expiration Date at a prepayment price of 100% of the principal amount Outstanding plus accrued interest to the prepayment date. (b) If (i) in connection with any extension of the Expiration Date, the Bank notifies the Administrator that the Bank will not extend the Public Agency Commitment beyond the then -current Expiration Date, or will extend the Public Agency Commitment but only at a reduced amount or (ii) the Administrator determines that the Bank will not be extending the Public Agency Commitment or will be reducing the amount of the Public Agency Commitment, a principal amount of all Outstanding Loans of the Public Agency will become due and payable on the then applicable Expiration Date at a prepayment price of 100% of the principal amount to be prepaid plus accrued interest to the prepayment date. The principal amount of Loans required to be prepaid under this Section 5.06(b) shall be (A) 100% of the Outstanding principal amount in the event the Bank is not extending the Public Agency Commitment, or (B) the amount by which the Bank is reducing the amount of the Public Agency Commitment. The Administrator will promptly provide the Public Agency with notice of any such required prepayment. SECTION 5.07. OBLIGATIONS UNCONDITIONAL. Except as provided in Section 5.01 hereof, the obligation of the Public Agency to make Loan Repayments and payment of any other amounts required hereunder from Designated Revenues and to perform and observe the other covenants and agreements contained herein shall be absolute and unconditional in all events. Notwithstanding any dispute between the Public Agency and the Commission, the Trustee, the Bank, the Administrator or any Noteholder, the Public Agency shall pay the Loan Repayments or any other amounts when due and such obligations shall not be abated, rebated, set-off, reduced, abrogated, terminated, waived, diminished, postponed, or otherwise modified in any manner or to any extent whatsoever and the Public Agency shall not withhold any such payments pending final resolution of such dispute nor shall the Public Agency assert any right of setoff, recoupment, abatement, or counterclaim against its obligation to make such payments required under this Loan Agreement. Subject to the foregoing, the Public Agency shall have the right to litigate any issue that cannot be amicably resolved with the Commission. [Remainder of page intentionally left blank] ARTICLE VI SECURITY FOR LOANS AND PUBLIC AGENCY COVENANTS SECTION 6.01. STATUS OF LOAN OBLIGATIONS. Anything in this Loan Agreement to the contrary notwithstanding, it is understood and agreed that the ad valorem taxing power and the full faith and credit of the Public Agency has not been pledged to secure the obligations of the Public Agency hereunder. Neither the Commission, the Bank, the Administrator, the Trustee nor the Holders of the Notes shall have any right to compel the exercise of any ad valorem taxing power of the Public Agency to pay the obligations owing hereunder. The obligations of the Public Agency under this Loan Agreement, including Loan Repayments and all other payments, shall be payable solely from Designated Revenues in accordance with the terms hereof. The provisions of this Section shall survive the termination and/or assignment of this Loan Agreement. SECTION 6.02. SECURITY FOR LOAN REPAYMENTS. The Public Agency's obligation to repay the Loan Repayments shall be secured by a pledge of and lien on the Designated Revenues; provided, however, the pledge of and lien upon the Net Revenues shall be junior and subordinate in all respects to the pledge of and lien upon such Net Revenues granted to the holders of the Senior Obligations pursuant to the Utility Resolution and shall be on parity in all respects to the pledge of and lien upon such Net Revenues granted to the holders of the Parity Obligations. The Pledged Revenues, which are part of the Designated Revenues, shall be pledged to the payment of the Loan Repayments in accordance with Section 6.03 hereof. The Public Agency hereby irrevocably pledges and grants a lien upon the Designated Revenues to the payment of the Loan Repayments in accordance with the provisions hereof. SECTION 6.03. PLEDGED REVENUES. The Public Agency may, in its sole discretion, pledge other non -ad valorem funds to the payment of the Loan Repayments with respect to any Loan made hereunder. Such Pledged Revenues shall be described in a resolution adopted by the Public Agency approving the Loan relating thereto. The pledge of and lien on such Pledged Revenues shall commence and terminate at such times and in accordance with the provisions of such resolution. The Public Agency may provide for the termination and defeasance of the pledge of and lien on such Pledged Revenues in accordance with the terms of any such resolution. The terms and provisions of any resolution shall be subject to the approval of the Administrator and the Bank. At or prior to the pledge of any Pledged Revenues the Public Agency shall submit to the Administrator and the Bank (a) a certified copy of the resolution or ordinance of the Public Agency pledging such Pledged Revenues and (b) an opinion of Counsel to the Public Agency or Bond Counsel to the effect that the resolution or ordinance pledging such Pledged Revenues has been duly adopted and is enforceable in accordance with its terms (subject to standard bankruptcy exceptions and the like). 29 SECTION 6.04. RATES. The Public Agency shall fix, establish, maintain and collect such Rates and revise the same from time to time, whenever necessary, as will always provide in each Fiscal Year Net Revenues, together with System Development Fees and Special Assessment Proceeds, if any, adequate at all times to pay in each Fiscal Year at least 115% of the Annual Debt Service becoming due in such Fiscal Year on outstanding Senior Obligations and at least 115% of the annual debt service on the Loans and the Parity Obligations in such Fiscal Year and at least 100% of any amounts required to be deposited in the Reserve Account established by the Utility Resolution. Such Rates shall not be so reduced so as to be insufficient to provide Net Revenues at least equal to 100% of the current Annual Debt Service becoming due in such Fiscal Year on the outstanding Senior Obligations and the annual debt service on the Loans and the Parity Obligations becoming due in such Fiscal Year. For purposes of this covenant, Loans shall be assumed to bear interest at the higher of 6.00% per annum and the actual interest rate borne during the month immediately preceding the date of calculation. For purposes of calculating annual debt service on Loans under this Section 6.04, the Loans shall be amortized over 20 years at the interest rate described in this paragraph. SECTION 6.05. PAYMENT COVENANT. The Public Agency covenants that it shall duly and punctually pay from Designated Revenues the Loan Repayments and other amounts owing hereunder at the dates and place and in the manner provided herein. SECTION 6.06. ADDITIONAL COVENANTS. The Public Agency makes the following additional covenants and representations as of the date first above written and such covenants shall continue in full force and effect until all amounts due hereunder have been paid in full: (a) Books and Records. The Public Agency will keep books and records of the receipt of the Designated Revenues in accordance with generally accepted accounting principles, and the Administrator, the Bank and the Trustee shall have the right at all reasonable times to inspect the records, accounts and data of the Public Agency relating thereto. (b) Annual Audit and Other Information. The Public Agency shall (i) furnish or cause to be furnished to the Bank upon request, as soon as available, and in any event not less than forty-five (45) days after the beginning of each fiscal year, a copy of its budget for such fiscal year, (ii) cause the financial statements of the Public Agency for each fiscal year to be audited by an Accountant, (iii) furnish or cause to be furnished to the Bank and the Administrator, as soon as available and in any event not less than ten (10) days after the issuance thereof, a copy of any final official statement relating to Senior Obligations or other debt of the Public Agency payable from or secured by the Designated Revenues, and (iv) additional information as reasonably requested by the Bank. Such annual financial statements shall contain, but not be limited to, a statement of net position, a statement of 30 revenues, expenses and changes in net position, and any other statements as required by law or accounting convention. The annual financial statement shall be prepared in conformity with generally accepted accounting principles, and shall be furnished to the Bank as soon as available and in any event not more than 180 days after the end of the applicable fiscal year. The Public Agency shall also provide a certificate to the Bank each year with the audited financial statements certifying that it is in compliance with all of the provisions herein and is not in default hereunder. Such certificate shall also include the evidence of compliance with Section 6.04 hereof. (c) Right of Inspection. The Commission, the Bank, the Trustee, and their designated agents shall have the right at all reasonable times during normal business hours to enter into and upon the property of the Public Agency for the purpose of inspecting books and records of the Public Agency relating to this Loan Agreement, the Designated Revenues and the transactions contemplated hereby and by the Indenture. (d) Information. The Public Agency's chief financial officer shall, at the reasonable request of the Trustee or the Bank, discuss the Public Agency's financial matters with the Bank and the Trustee. In addition, the Public Agency shall furnish the Administrator all necessary information relating to its financial condition to enable the Commission and the Administrator to make all disclosures to the Noteholders required by State or Federal law. The Public Agency shall immediately inform the Administrator of any material adverse change in its financial condition. (e) Agreement to Reimburse Certain Amounts. (i) To the extent allowed by law, the Public Agency will pay to, reimburse or indemnify the Commission, the Administrator, the Bank, the Trustee, each member, officer, commissioner, employee and agent of the Commission, the Administrator, the Bank, the Trustee and each other Person, if any, who has the power, directly or indirectly, to direct or cause the direction of the management and policies of the Commission, the Administrator, the Bank and the Trustee for any and all liabilities, losses, damages, costs, expenses (including reasonable attorneys' fees), suits, claims and judgments of whatsoever kind and nature, arising or resulting from, or in connection with, this Loan Agreement, the Credit Agreement or the Projects or the breach or violation of any agreement, covenant, representations or warranty of the Public Agency set forth in this Loan Agreement or any document delivered pursuant hereto or in connection herewith. (ii) In addition, to the extent allowed by law, the Public Agency will reimburse all other Public Agencies participating in the Pooled Commercial Paper Program to the extent the Public Agency has committed any act or failed to commit an act and the result of such action or failure to act is that the cost of participating in the Pooled Commercial Paper Program of such Public Agencies is increased. Such reimbursement includes, without limitation, any increased costs incurred by 31 other participating Public Agencies as a result of the Public Agency failing to make a Repayment or any other payment hereunder when due. (iii) The provisions of this Section 6.06(e) shall survive the termination of this Loan Agreement. (f) Further Assurance. The Public Agency shall execute and deliver to the Commission, the Administrator, the Bank or the Trustee, as the case may be, all such documents and instruments and do all such other acts and things as may be necessary or reasonably required by the Trustee, the Administrator, the Bank or the Commission to enable the Trustee, the Administrator, the Bank or the Commission to exercise and enforce its rights under this Loan Agreement, and to validate, preserve and protect the position of the Trustee, the Administrator, the Bank and the Commission under this Loan Agreement. (g) Use of the Projects. The Public Agency will not use the Projects or suffer or permit the Projects to be used in any manner or to any extent which would result in the loss of the exclusion of interest on the Commercial Paper Notes from gross income for federal income tax purposes pursuant to the Code. (h) Special Covenants. The Public Agency agrees to fully comply with any additional covenants required by the Bank or the Commission with respect to a particular Loan which shall be provided in a certificate or in a resolution adopted by the Public Agency approving the Loan relating thereto, the terms of which are incorporated herein by reference. Such covenants may be established, terminated or modified at any time with the written consent of the Bank. (i) Compliance with Laws, etc. The Public Agency shall comply with the requirements of all applicable laws, the terms of all grants, rules, regulations and orders of any governmental authority, non-compliance with which would, singly or in the aggregate, materially adversely affect its business, properties, earnings, prospects or credit, unless the same shall be contested by it in good faith and by appropriate proceedings which shall operate to stay the enforcement thereof. 0) Tax Exempt Status of Commercial Paper Notes. (i) The Commission and the Public Agency understand that it is the intention hereof that the interest on the Commercial Paper Notes be excluded from the gross income of the Holders thereof for federal income tax purposes. In furtherance thereof, the Public Agency agrees that so long as any Loans are Outstanding under this Agreement it will take all action within its control which is necessary in order for the interest on the Commercial Paper Notes to be excluded from gross income for purposes of federal income taxation (other than those Series B Notes held by a person who is deemed a "substantial user" of a Project or a "related person" to a "substantial user" of a Project within the meaning of Section 32 147(a) of the Code) and shall refrain from taking any action which results in such interest becoming so taxable. (ii) In order to maintain the exclusion from gross income for purposes of federal income taxation of interest on the Commercial Paper Notes the Public Agency shall comply with each requirement of the Code applicable to the Loan Amounts. In furtherance of the covenant contained in the preceding sentence, the Public Agency shall execute an Arbitrage Certificate for each Loan and shall comply with all the terms and conditions thereof. Such Arbitrage Certificate shall be deemed to be re -executed and reaffirmed as of the date of each subsequent delivery of Series A Notes or Series B Notes, the proceeds of which are used to pay the principal of Series A Notes or Series B Notes, which financed or refinanced such Loan unless and until the Public Agency shall furnish the Administrator and Bond Counsel a new Arbitrage Certificate or a supplement or modification to the existing one. The Public Agency shall set forth in each of its Arbitrage Certificates its reasonable expectations on the date of delivery of such Arbitrage Certificate as to compliance with the relevant requirements of Section 103 and Sections 141 through 150 of the Code and as to the relevant facts, estimates and circumstances relating to the use of proceeds of a Loan, and any other matters deemed relevant by Bond Counsel. The facts, estimates and circumstances set forth in each such Arbitrage Certificate will be, to the best knowledge of an Authorized Officer of the Public Agency, true and correct as of the date thereof. The Public Agency shall inform Bond Counsel of any change in the facts, estimates and circumstances contained in any Arbitrage Certificate. (iii) So long as necessary in order to maintain the exclusion, if any, from gross income of interest on the Commercial Paper Notes for federal income tax purposes (other than those Series B Notes held by a person who is deemed a "substantial user" of a Project or a "related person" to a "substantial user" of a Project within the meaning of Section 147(a) of the Code), the covenants contained in this Section shall survive the payments of the Commercial Paper Notes and the interest thereon, including any payment or defeasance thereof. (iv) The Public Agency shall not take or permit any action or fail to take any action so long as any Loans are Outstanding under this Agreement which would cause the Commercial Paper Notes to be "arbitrage bonds" within the meaning of Section 148(a) of the Code. (v) The Public Agency covenants to provide the Administrator with all material and information necessary to enable the Administrator to file all reports required under the Code. 33 (vi) The Public Agency shall make any and all payments required to be made to the United States Department of the Treasury in connection with the Loan Amounts pursuant to Section 148(f) of the Code. (k) Agreement Re: Contingency Account. The Public Agency agrees on the Commencement Date to execute the Agreement Re: Contingency Account substantially in the form attached hereto as Exhibit E. The Public Agency agrees to comply with the terms of the aforementioned Agreement and to make such amendments to the Agreement as shall be reasonably requested to ensure the prompt payment of the Loan Repayments; provided, however, no amendment may be made without the prior written consent of the Bank. (1) Utility Resolution Compliance. The Public Agency agrees to comply with the provisions of the Utility Resolution, regardless of whether any Senior Obligations are outstanding under the Utility Resolution. (m) Additional Indebtedness. No additional indebtedness (excluding Loans hereunder), payable on a parity or senior basis with the Loans then outstanding pursuant to this Loan Agreement, shall be issued unless the Public Agency certifies to the Bank and the Administrator that the aggregate amount of Designated Revenues for each of the preceding two Fiscal years equals at least 115% of the maximum annual debt service requirements on all outstanding Loans and other indebtedness of the Public Agency which is payable from any portion of the Designated Revenues and the proposed additional indebtedness. For purposes of this covenant, Loans shall be assumed to bear interest at the higher of 6.00% per annum and the actual interest rate borne during the month immediately preceding the date of calculation. For purposes of calculating annual debt service on Loans under this Section 6.06(m), the Loans shall be amortized over 20 years at the interest rate described in this paragraph. The Public Agency may issue such additional indebtedness for any one or more of the following purposes: (1) financing the cost of lawful capital improvements to the System, or the completion thereof, or (ii) refunding any or all indebtedness of the Public Agency. (n) Amendments to Utility Resolution. The Public Agency agrees to not amend the Utility Resolution without the written consent of the Bank. (o) Flow of Funds. The Public Agency agrees to make Loan Repayments from Net Revenues which remain after the payments required in Sections 4.04(B)(1) through and including 4.04(B)(5) of the Utility Resolution. (p) Refunding Indebtedness. The Public Agency agrees to make its best efforts to issue indebtedness (other than Loan Notes hereunder) on or prior to the maturity date of any Loan Note issued hereunder, the proceeds of which indebtedness will be applied to the refunding of such Loan. 34 ARTICLE VII ASSIGNMENT AND PAYMENT BY THIRD PARTIES SECTION 7.01. ASSIGNMENT BY COMMISSION. This Loan Agreement and the obligations of the Public Agency to make payments hereunder may be assigned and reassigned by the Commission in whole or in part to one or more assignees or subassignees at any time subsequent to its execution without the necessity of obtaining the consent of the Public Agency. Any assignment by the Commission shall be subject to the prior written consent of the Bank, except in the case of an assignment to the Trustee. The Public Agency expressly acknowledges that this Loan Agreement and the obligations of the Public Agency to make payments hereunder (with the exception of the Commission's rights to reimbursement, indemnification, fees and expenses), have been pledged and assigned to the Trustee and the Bank under the Indenture as security for the holders of the Commercial Paper Notes and the Bank and that the Trustee shall be entitled to act hereunder in the place and stead of the Commission whether or not any of the Commercial Paper Notes or this Loan Agreement are in default. In addition, the Public Agency acknowledges that the Commission has appointed an Administrator which shall be entitled to act hereunder in the place and stead of the Commission, but only to the extent of such appointment. SECTION 7.02. ASSIGNMENT BY PUBLIC AGENCY. This Loan Agreement may not be assigned by the Public Agency for any reason without the express prior written consent of the Commission, the Administrator, the Bank and the Trustee, except in the case of an assignment to the Bank in accordance with Section 8.03 hereof and Section 10.05 of the Indenture. After receipt of notice of any such assignment of this Loan Agreement to the Bank, the Public Agency will make all payments required under Article V hereof directly to the Bank, in accordance with the terms hereof and of the Credit Agreement. [Remainder of page intentionally left blank] 35 ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES SECTION 8.01. EVENTS OF DEFAULT DEFINED. The following shall be "Events of Default" under this Loan Agreement and the terms "Event of Default" shall mean (except where the context clearly indicates otherwise), whenever such term is used in this Loan Agreement, any one or more of the following events: (a) Failure by the Public Agency to timely pay any Loan Repayment; (b) Failure by the Public Agency to observe and perform any covenant, condition or agreement on its part to be observed or performed under this Loan Agreement, other than as referred to in Section 8.01(a) or 8.02 hereof, for a period of thirty (30) days after written notice specifying such failure and requesting that it be remedied, is given to the Public Agency by the Commission, the Bank, the Administrator or the Trustee, unless the Commission, the Bank, the Administrator and the Trustee shall agree in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice can be wholly cured within a period of time not materially detrimental to the rights of the Commission, the Noteholders, the Bank or the Trustee, as the case may be, but cannot be cured within the applicable 30-day period, the Commission, the Bank, the Administrator and the Trustee will not unreasonably withhold their consent to an extension of such time if corrective action is instituted by the Public Agency within the applicable period and diligently pursued until the failure is corrected; (c) Any warranty, representation or other statement by the Public Agency or by an officer or agent of the Public Agency contained in this Loan Agreement or in any instrument furnished in compliance with or in reference to this Loan Agreement is false or misleading in any material adverse respect; (d) A petition is filed against the Public Agency under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, and an order for relief is entered or such petition is not dismissed within sixty (60) days of such filing; (e) The Public Agency files a petition in voluntary bankruptcy or seeking relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or consents to the filing of any petition against it under such law; (f) The Public Agency admits insolvency or bankruptcy or its inability to pay its debts as they become due or is generally not paying its debts as such debts become due, or becomes insolvent or bankrupt or makes an assignment for the benefit of creditors, or a custodian (including without limitation a receiver, liquidator or trustee) of the Public Agency or any of its property is appointed by court order or takes possession thereof and such order remains in effect or such possession continues for more than 60 days; or (g) Any debt of or assumed by the Public Agency relating to the System (i) is not paid when due nor within any applicable grace period in any agreement or instrument relating to such debt, (ii) becomes due and payable before its normal maturity by reason of a default or event of default, however described, or (iii) becomes subject to a moratorium. SECTION 8.02. NOTICE OF DEFAULT. (a) The Public Agency agrees to give the Trustee, the Bank, the Administrator and the Commission prompt written notice if any petition, assignment, appointment or possession referred to in Sections 8.01(d), 8.01(e) and 8.01(f) hereof is filed by or against the Public Agency or of the occurrence of any other event or condition which constitutes an Event of Default, or an event or condition which, with the passage of time or the giving of notice or both, would constitute an Event of Default, immediately upon becoming aware of the existence thereof. (b) The Commission or Administrator will notify the Bank on the same Business Day as the Commission becomes aware of the existence of an Event of Default, specifying the nature thereof. SECTION 8.03. REMEDIES ON DEFAULT. Whenever any Event of Default referred to in Section 8.01 hereof shall have happened and be continuing, the Commission, the Bank or the Trustee shall, in addition to any other remedies herein or by law provided, have the right, at its or their option without any further demand or notice, but subject to the right of the Bank to direct the enforcement of remedies pursuant to the Indenture, to (a) declare all Loan Repayments and all other amounts due hereunder (i) to be immediately due and payable without further notice or demand in the case of an Event of Default occurring under Sections 8.01(a), 8.01(d), 8.01(e) or 8.01(f) hereof, and (ii) to be due and payable without further notice or demand on a date which shall be no sooner than ninety (90) days of the date notice is given to the Public Agency in the case of an Event of Default occurring under Sections 8.01(b), 8.01(c) or 8.01(g) hereof, or (b) take such steps and exercise such remedies as provided in Article V of the Indenture, and take whatever other action at law or in equity may appear necessary or desirable to collect the amounts then due and thereafter to become due hereunder or to enforce any other of its or their rights hereunder. Upon the occurrence of an Event of Default, the Public Agency agrees that the Bank may notify the Commission and the Trustee prior to 1:00 p.m. (New York City time) on the proposed date of issuance of any Notes pursuant to Section 2.06(c)(iv)(A) of the Indenture to discontinue issuing and delivering Notes for the purpose of repaying maturing Notes in an amount equal to the aggregate principal amount of the outstanding Loans to the Public Agency pursuant to Section 3.03(g) of the Indenture; provided, that notwithstanding any such notice, the obligation of the Bank to permit drawings under the Credit Facility shall not terminate with respect to any Notes issued prior to the time 37 provided in this sentence. In connection therewith, the Trustee shall draw on the Credit Facility to repay such maturing Notes and upon the Bank honoring such draw, the Bank may direct the Commission and the Trustee to cause this Loan Agreement to be assigned solely to the Bank. The Bank may also instruct the Trustee to draw on the Credit Facility in an amount equal to the aggregate principal amount of the outstanding Loans to the Public Agency, plus the interest to accrue thereon through the earliest date on which the Trustee will be able to apply the amount drawn to discharge a principal amount of Commercial Paper Notes equal to the principal amount of such Loans and, upon the Bank honoring such draw, the Bank may direct the Commission and the Trustee to cause this Loan Agreement to be assigned solely to the Bank. SECTION 8.04. ATTORNEY'S FEES AND OTHER EXPENSES. The Public Agency shall on demand pay to the Commission, the Bank, the Administrator and the Trustee the reasonable fees and expenses of attorneys (including in connection with any appeal) and other reasonable expenses incurred by any of them in collection of Loan Repayments or any other sums due hereunder or in the enforcement of performance of any other obligations of the Public Agency hereunder upon an Event of Default. The provisions of this Section shall survive the termination and/or assignment of this Loan Agreement and the payment in full of the Public Agency's obligations hereunder. SECTION 8.05. APPLICATION OF MONEYS. Any moneys collected by the Commission, the Bank, the Administrator or the Trustee pursuant to Section 8.03 hereof shall be subject to Section 5.01(e) hereof and Section 3.03(g) of the Indenture and shall be applied (a) first, to pay any attorneys' fees or other expenses owed by the Public Agency to the Trustee or the Bank pursuant to Section 8.04 hereof, (b) second, to pay any interest due on the Loan Amounts, (c) third, to pay principal due on the Loan Amounts, (d) fourth, to pay any other amounts due hereunder, (e) fifth, to pay interest and principal on the Loan Amounts and other amounts payable hereunder but which are not due, as they become due (in the same order, as to amounts which come due simultaneously, as in clauses (a) through (d) in this Section), and (f) sixth, to pay any attorneys' fees owed by the Public Agency to the Commission or the Administrator pursuant to Section 8.04 hereof, pro rata based on the amount of such expenses owed. SECTION 8.06. NO REMEDY EXCLUSIVE; WAIVER, NOTICE. No remedy herein conferred upon or reserved to the Commission, the Bank, the Administrator or the Trustee is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Loan Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any right, remedy or power accruing upon any Default shall impair any such right, remedy or power or shall be construed to be a waiver thereof, but any such right, remedy or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Commission, the Bank, the Administrator or the Trustee to exercise any remedy reserved to it in this Article VIII, it shall not be necessary to give any notice other than such notice as may be required in this Article VIII. SECTION 8.07. ASSIGNMENT TO BANK. After receipt of notice of any such assignment of this Loan Agreement to the Bank pursuant to Section 8.03 hereof, the Public Agency will make all payments required under Article V hereof directly to the Bank, in accordance with the terms hereof and of the Credit Agreement. [Remainder of page intentionally left blank] 39 ARTICLE IX EXCESS FUNDS SECTION 9.01. EXCESS FUNDS. Any amounts remaining in the Trust Estate after (a) full payment of the Commercial Paper Notes or provision for payment thereof so that no Commercial Paper Notes are deemed Outstanding under the Indenture, (b) all amounts owed to the Bank under the Credit Agreement have been paid and the Credit Facility terminated, and (c) all fees, charges and expenses required to be paid pursuant to the Indenture have been paid, shall, after being held for one hundred twenty-three (123) days after such full payment or provision shall have been made and no claim shall have been made thereon, be rebated by the Trustee to Public Agency in an amount certified by the Administrator as being equal to the amount remaining in the Trust Estate (as defined in the Indenture) multiplied by the result of (i) the dollar amount of interest (other than any interest representing that portion of an interest payment reflecting the Bank Rate) theretofore received by the Trustee hereunder, divided by (ii) the total dollar amount of all interest payments theretofore received by the Trustee on all loan agreements outstanding under the Pooled Commercial Paper Loan Program (other than any interest representing that portion of an interest payment reflecting the Bank Rate). [Remainder of page intentionally left blank] .O ARTICLE X MISCELLANEOUS SECTION 10.01. NOTICES. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when hand delivered or mailed by registered or certified mail, postage prepaid, or provided by electronic mail to the appropriate parties: Commission: Florida Local Government Finance Commission c/o Florida Association of Counties, Inc. 100 South Monroe Street Tallahassee, Florida 32301 Attention: Director of Commercial Paper Program Telephone: 850/922-4300 Telecopy: 850/488-7501 Public Agency: Collier County Water -Sewer District c/o Collier County, Florida 3299 East Tamiami Trail Naples, Florida 34112 Attention: Ed Finn, Director, Corporate Financial & Management Services Telephone: 239/252-8609 Telecopy: 239/403-2366 Administrator: Florida Association of Counties, Inc. 100 South Monroe Street Tallahassee, Florida 32301 Attention: Director of Commercial Paper Program Telephone: 850/922-4300 Telecopy: 850/488-7501 Dealer: JPMorgan Chase Securities Inc. 450 South Orange Ave Suite 1000 Orlando, Florida 32801 Telephone: 407/236-5434 Telecopy: 407/23 5 -5444 41 Trustee: U.S. Bank National Association Mail Code EX-FL-UORT 225 E. Robinson Street, Suite 250 Orlando, Florida 32801 Attention: Corporate Trust Services Telephone: 407/835-3807 Telecopy: 407/835-3814 Bank: JPMorgan Chase Bank, N.A. 450 South Orange Avenue, Suite 1000 Orlando, Florida 32801 Attention: Government, Non -Profit & Healthcare Telephone Number: 407/236-5464 Facsimile Number: 407/218-5355 Bond Counsel: Nabors, Giblin & Nickerson, P.A. 2502 Rocky Point Drive, Suite 1060 Tampa, Florida 33607 Telephone: 813/281-2222 Telecopy: 813/281-0129 Any of the above parties may, by notice in writing given to the others, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. Notices to the Trustee shall be effective only upon the receipt thereof by the Trustee. SECTION 10.02. BINDING EFFECT. To the extent provided herein, this Loan Agreement shall be binding upon the Public Agency and the Commission and shall inure to the benefit of the Public Agency, the Commission, the Bank, the Administrator and the Trustee and their respective successors and assigns. SECTION 10.03. SEVERABILITY. In the event any provision of this Loan Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. SECTION 10.04. AMENDMENTS, CHANGES AND MODIFICATIONS. This Loan Agreement may be amended by the Commission and the Public Agency, with the prior written consent of the Bank, as provided in Section 8.05 of the Indenture. SECTION 10.05. EXECUTION IN COUNTERPARTS. This Loan Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 42 SECTION 10.06. APPLICABLE LAW. This Loan Agreement shall be governed by and construed in accordance with the laws of the State of Florida. SECTION 10.07. WAIVER OF JURY TRIAL. To the extent permitted by applicable law, each of the Public Agency, the Commission and the Bank, knowingly, voluntarily and intentionally waives any right each may have to a trial by jury in respect of any litigation based on, or arising out of, under or in connection with this Loan Agreement, the Loans or any agreement contemplated to be executed in connection with this Loan Agreement, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of any party with respect hereto. This provision is a material inducement to the Bank agreeing to provide credit and liquidity support to Loans hereunder. SECTION 10.08. BENEFIT OF NOTEHOLDERS; COMPLIANCE WITH INDENTURE. This Loan Agreement is executed in part to induce the purchase of the Commercial Paper Notes. Accordingly, all covenants, agreements and representations on the part of the Public Agency and the Commission, as set forth in this Loan Agreement, are hereby declared to be for the benefit of the Holders, from time to time, of the Commercial Paper Notes and of the Bank. SECTION 10.09. CONSENTS AND APPROVALS. Whenever the written consent or approval of the Commission shall be required under the provisions of this Loan Agreement, such consent or approval may be given by an Authorized Officer of the Commission or such other additional person provided by rules, regulations or resolutions of the Commission. SECTION 10.10. IMMUNITY OF OFFICERS, EMPLOYEES AND MEMBERS OF COMMISSION. No recourse shall be had for any representation, obligation, covenant or agreement in this Loan Agreement against any past, present or future officer, member, employee, director or agent of the Commission, as such, and all such liability of any such officers, members, employees, directors or agents, as such, is hereby expressly waived and released as a condition of and consideration for the execution of this Loan Agreement. SECTION 10.11. CAPTIONS. The captions or headings in this Loan Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Loan Agreement. SECTION 10.12. NO PECUNIARY LIABILITY OF COMMISSION. No provision, covenant or agreement contained in this Loan Agreement on behalf of the Commission, or any obligation herein imposed upon the Commission, or the breach thereof, shall constitute an indebtedness or liability of the State or any political subdivision of the State (excluding the participating public agencies to the extent of their obligations under their respective loan agreements) or any public corporation or governmental agency existing under the laws thereof other than the Commission. In making the agreements, 43 provisions and covenants set forth in this Loan Agreement, the Commission has not obligated itself except with respect to the Trust Estate. SECTION 10.13. PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDAYS. In any case where the date for making any payment or the last date for performance of any act or the exercise of any right, as provided in this Loan Agreement, shall be other than a Business Day, then such payment or performance shall be made on the succeeding Business Day with the same force and effect as if done on the nominal date provided in this Loan Agreement, provided that interest on any monetary obligation hereunder shall accrue at the applicable rate to and including the date of such payment. SECTION 10.14. RIGHT OF OTHERS TO PERFORM PUBLIC AGENCY'S COVENANTS. If the Public Agency shall fail to make any payment or perform any act required to be performed hereunder, then and in each such case the Commission, the Bank, the Administrator or the Trustee or any of them, may (but shall not be obligated to) remedy such default for the account of the Public Agency and make advances for that purpose. No such performance or advance shall operate to release the Public Agency from any such default and any sums so advanced by the Commission or the Trustee shall bear interest at the Default Rate from the date of the advance until repaid as provided herein. IN WITNESS WHEREOF, the Commission has caused this Loan Agreement to be executed in its corporate name with its corporate seal hereunto affixed and attested by its duly authorized officers as of the date first above written. FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION (SEAL) LIM Attest: Secretary -Treasurer Chairman IN WITNESS WHEREOF, the Public Agency has caused this Loan Agreement to be executed in its name with its seal hereunto affixed and attached by its duly authorized officers as of the date first above written. (SEAL) Attest: M. COLLIER COUNTY WATER -SEWER DISTRICT Clerk of the Board of County Commissioners of Collier County, Florida and Ex-Officio Clerk to the Governing Body of the Collier County Water -Sewer District Approved as to form and legal sufficiency: County Attorney Chairman, Board of County Commissioners of Collier County, Florida, as the Ex-officio Chairman of the Governing Body of the Collier County Water -Sewer District 45 IN WITNESS WHEREOF, the Bank has caused this Loan Agreement to be executed in its name by its duly authorized officer as of the date first above written. JPMORGAN CHASE BANK, N.A. Authorized Signatory .e EXHIBIT A OPINION OF PUBLIC AGENCY'S COUNSEL IN CONNECTION WITH LOAN [Letterhead of Counsel to Public Agency] [Date of the Draw] Florida Local Government Finance Commission Tallahassee, Florida U.S. Bank National Association, as Trustee Orlando, Florida Ladies and Gentlemen: JPMorgan Chase Bank, N.A.. as Letter of Credit Provider Orlando, Florida Nabors, Giblin & Nickerson, P.A. Tampa, Florida I am counsel to the Collier County Water -Sewer District (the "Public Agency"), and have been requested by the Public Agency to give this opinion in connection with a loan in the principal amount of $ (the "Loan") by the Florida Local Government Finance Commission (the "Commission") to the Public Agency of funds to finance, refinance or reimburse the cost of certain capital improvements to the Public Agency's water and sewer utility system (the "Project") pursuant to the terms and conditions of the Loan Agreement (Utility), dated as of (the "Loan Agreement"), among the Commission, the Public Agency and JPMorgan Chase Bank, N.A. In this connection, I have reviewed such records, certificates and other documents as I have considered necessary or appropriate for the purposes of this opinion, including Chapter 125, Florida Statutes, Part II, Chapter 153, Florida Statutes, Chapter 2003-353, Laws of Florida, as amended, and other applicable provision of law, the relevant resolutions or ordinances adopted by the Board of County Commissioners of Collier County, Florida, as the governing body of the Public Agency (collectively, the "Resolution"), the Loan Agreement and the Trust Indenture, dated as of June 6, 2011, (the "Indenture"), between the Commission and U.S. Bank, National Association, as Trustee. Based on such review and such investigation as I have deemed necessary and such other consideration of law and fact as I believe to be relevant, I am of the opinion that: 1. The Public Agency is a duly constituted body corporate and politic and a political subdivision of the State of Florida ("State"), validly existing and in good standing under the laws of the State, is not in violation of any provision of law material to the A-1 transactions contemplated by the Loan Agreement and the Loan, and has all requisite power and authority to execute and deliver the Loan Agreement and the Loan Note or Notes (as defined in the Loan Agreement) related to the Project [Public Agency Expenses], to enter into the Loan and to acquire, construct and equip the Project[Public Agency Expenses]. 2. No approval, authorization, consent or other order of any governmental entity or of any court, public board or body (other than those already obtained), and no approving referendum of the qualified electors of the Public Agency, is legally required for the Public Agency to enter into and perform its obligations under the Loan Agreement and the Loan Note related to the Project [Public Agency Expenses]. 3. The Public Agency has the requisite power to acquire, construct and equip the Project [Public Agency Expenses] and to enter into the Loan Agreement and the Loan and has duly authorized the execution and delivery of the Loan Agreement and the Loan Note related to the Project [Public Agency Expenses] and receipt of the Loan. The Public Agency is duly authorized to use the proceeds of the Loan to finance, refinance or reimburse the costs of acquiring, constructing and equipping the Project [finance the Public Agency Expenses]. 4. The Loan Agreement creates a valid pledge of and lien upon the Designated Revenues (as defined in the Loan Agreement); provided, however, the pledge of and lien upon the Net Revenues (as defined in the Loan Agreement) shall be junior and subordinate in all respects to the pledge of and lien upon the Net Revenues granted to the Senior Obligations (as defined in the Loan Agreement) and shall be on parity in all respects to the pledge of and lien upon such Net Revenues granted to the holders of the Parity Obligations (as defined in the Loan Agreement). 5. Neither the execution and delivery of the Loan Agreement, receipt of the Loan nor the consummation of the transactions contemplated thereby, nor the fulfillment of or compliance with the terms and conditions of the Loan Agreement conflicts with or results in a breach of any of the terms, conditions or provisions of the Constitution or laws of the State (including any limit on indebtedness), or any corporate restriction or any agreement, instrument or governmental or court order to which the Public Agency is now a party or by which it is bound or constitutes a default under any of the foregoing. 6. The Public Agency has obtained all permits and approvals required by any court, governmental body or officer for the execution and delivery of the Loan Agreement and the Loan Note related to the Project [Public Agency Expenses] and receipt of the Loan; the Public Agency has complied with any applicable provisions of law requiring any notification, declaration, filing or registration with any court, governmental body or officer in connection with the execution, delivery and performance of the Loan Agreement, the Loan Note related to the Project [Public Agency Expenses] and the Loan. A-2 7. The Loan Agreement and the Loan Note related to the Project [Public Agency Expenses] have been duly and validly authorized, executed and delivered, are in full force and effect, and each is a valid and legally binding obligation of the Public Agency, enforceable in accordance with its respective terms, except to the extent that the enforceability thereof may be limited by laws relating to the bankruptcy or insolvency of the Public Agency or other similar laws affecting creditors' rights generally or by general principles of equity. 8. To the best of my knowledge (based upon due inquiry and investigation), there is no litigation or legal or governmental action, proceeding, inquiry or investigation pending or threatened by judicial or governmental authorities to which the Public Agency is a party or any property of the Public Agency is subject, which, if determined adversely to the Public Agency, would individually or in the aggregate (a) adversely affect the validity or the enforceability of the Loan Agreement, the Loan Note related to the Project [Public Agency Expenses] or the Loan, (b) otherwise materially and adversely affect the ability of the Public Agency to comply with its obligations under the Loan Agreement or the Loan Note related to the Project [Public Agency Expenses], or (c) materially and adversely affect the acquisition, construction and equipping of the Project [financing of the Public Agency Expenses]. 9. The Public Agency is subject to suit in a court of competent jurisdiction by the Trustee or the Commission for the failure to pay any amounts due and owing by the Public Agency under, or the failure to perform any obligation required by, the Loan Agreement and the Public Agency is not entitled to the defense of sovereign immunity or any other comparable defense in any such suit. 10. The Utility Resolution and the Resolution have each been duly adopted and each is valid and binding upon the Public Agency in accordance with its respective terms and provisions, except to the extent that the enforceability thereof may be limited by laws relating to bankruptcy or insolvency of the Public Agency or other similar laws affecting creditors' rights generally or by general principles of equity. [Additional opinions regarding the Pledged Revenues, if any, including the validity, enforceability and priority thereof as may be required by the Administrator, the Bank or the Trustee.] All capitalized terms used in this opinion but not defined herein shall have the meanings ascribed to such terms in the Loan Agreement. Very truly yours, A-3 EXHIBIT B CERTIFICATE OF PUBLIC AGENCY IN CONNECTION WITH LOAN TO FINANCE PROJECT The undersigned, Chairman of the Board of County Commissioners, acting as the governing body (the 'Board") of the Collier County Water -Sewer District (the "Public Agency"), and the Clerk to the Board, acting for and on behalf of the Public Agency, hereby certify as of the date hereof as follows: 1. That the representations and warranties of the Public Agency set forth in the Loan Agreement, dated as of , 2022 among the Public Agency, the Florida Local Government Finance Commission (the "Commission") and JPMorgan Chase Bank, N.A., are true and correct in all material respects on the date hereof; the Public Agency is in compliance with all terms, covenants and conditions of the Loan Agreement on the date hereof, and no Event of Default (as defined in the Loan Agreement) or condition, event or act which with notice or lapse of time or both would become an Event of Default exists on the date hereof. 2. That the Public Agency has incurred, since the date of its last draw under the Loan Agreement, the debt secured by or payable from Designated Revenues set forth in Schedule A attached hereto. 3. That, to the best of our knowledge, within one year from the date hereof the Public Agency intends to incur the debt pledging the Designated Revenues as described in Schedule B attached hereto. 4. That there has not been any material adverse change in the financial condition of the Public Agency since the date the last financial statements were filed with the Bank. 5. That we did heretofore cause to be officially executed the Revenue Note described in Schedule C attached hereto (the "Loan Note") of the Public Agency and the Loan Agreement. 6. That the Chairman of the Board has caused to be executed the Loan Note by [his/her] manual signature, and that said Chairman was on the date [he/she] signed the Loan Note and is now the duly appointed, qualified and acting Chairman of the Board. 7. That we have caused the official seal of the Public Agency to be imprinted on the Loan Note, said seal imprinted hereon being the official seal of the Public Agency, and that said Clerk was on the date [he/she] signed the Loan Note and is now the duly appointed, qualified and acting Clerk of the Public Agency. WE 8. That the seal which has been impressed on or otherwise reproduced on the Loan Note and upon this certificate is the legally adopted, proper and only seal of the Public Agency. 9. That there is no litigation pending or, to our knowledge, threatened to restrain or enjoin the issuance or delivery of the Loan Note or in any way contesting or affecting any authority for the issuance of the Loan Note, or the validity of the Loan Note, or in any way contesting the existence or the powers of the Public Agency. 10. That the Public Agency has the power and authority to enter into the Loan Agreement as authorized by resolution of the Public Agency. Such resolution was duly adopted by the Board, has not been modified or amended in any manner, and is in full force and effect as of the date hereof. 11. That no obligation issued or guaranteed by the Public Agency is in default or has been in default any time after December 31, 1975, as to principal and interest. 12. The computation of the interest rate on the Loan Note issued by the Public Agency on the date hereof is in compliance with the requirements of Section 215.84(3), Florida Statutes. 13. To the knowledge of the Public Agency, but without independent investigation, the Public Agency hereby represents that: (a) it is in compliance with all applicable provisions of the Anti -Corruption Laws (as defined below) and all applicable Sanctions (as defined below) in all material respects; (b) none of the Public Agency, any of its officers or employees, or any agent of the Public Agency that will act in any capacity in connection with or benefit from the transaction evidenced by the Loan Note, is a Sanctioned Person (as defined below); and (c) no borrowing, use of proceeds or other transaction evidenced by the Loan Note will violate any Anti -Corruption Law or applicable Sanctions. 14. The Public Agency will not knowingly use any of the proceeds derived from the Loan Note: (a) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any applicable Anti -Corruption Laws; (b) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned County (as defined below); or (c) in any manner that would result in the violation of any Sanctions applicable to the Public Agency. For purposes of paragraphs 13 and 14 herein, the following definitions shall apply: "Anti -Corruption Laws" means, as of the date hereof, the Foreign Corrupt Practices Act of 1977, as amended, 15 U.S.C. §§ 78dd-1, et seq., and thereafter, during any period that the Loan Note is outstanding, all similar laws, rules, and regulations of any jurisdiction IM applicable to the Public Agency, if any, from time -to -time concerning or relating to bribery or corruption. "Person" means any governmental and other entities, in addition to natural persons, corporations, partnerships or other legal entity. "Sanctions" means economic or financial sanctions or trade embargoes imposed, administered or enforced from time to time by the U.S. government pursuant to (i) regulations promulgated by the Office of Foreign Assets Control Department of the Treasury (or any successor United States government office); (ii) the International Emergency Economic Powers Act, 50 U.S.C. Section 1701 et seq., (iii) the Trading with the Enemy Act, 50 U.S.C. App. 1 etseq.; and (iv) the September 24, 2001 Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism. "Sanctioned Country" means, at any time, a country or territory which is itself the subject or target of any Sanctions and is named on the list of "Consolidated Sanctions" maintained by the Office of Foreign Assets Control, Department of the Treasury (or any successor United States government office or list), or any similar list maintained by the United States Department of State (or any successor United States government office or list). "Sanctioned Person" means, at any time, (a) any Person that is named on the list of "Special Designated Nationals or Blocked Persons" maintained by the Office of Foreign Assets Control, Department of the Treasury (or any successor United States government office or list), or any similar list maintained by the United States Department of State (or any successor United States government office or list), (b) any Person operating, organized or resident in a Sanctioned Country or (c) any Person owned or controlled by any such Person or Persons in the foregoing clauses (a) or (b). Any terms not otherwise defined herein shall have the meanings assigned such terms in the Loan Agreement. IN WITNESS WHEREOF, we have hereunto set our hands and affixed the official seal of the Public Agency as of this day of , Term of Office Term of Office (SEAL) Title of Office Commences Expires Chairman Clerk I, Deputy Clerk to the Board of County Commissioners of Collier County, Florida, acting as the governing body of the Collier County Water -Sewer District do hereby certify that each of the above -described individuals are now and have continuously been since the dates of beginning of their respective current terms of office shown above, the duly elected, qualified and acting officers of the Public Agency. Deputy Clerk EXHIBIT C FORM OF CREDIT FACILITY FEES CERTIFICATE The following shall constitute the letter of credit fees for the [Loan] [Draw] made by the Commission to the Public Agency on Basis Points per annum Pursuant to the Credit Agreement and the Fee Letter between the Commission and the Bank, dated as of June 6, 2011, the letter of credit fees will increase by 10 basis points for each ratings downgrade of the Public Agency and by 100 basis points upon an Event of Default under the Loan Agreement. The letter of credit fee applicable to each Draw shall be calculated pursuant to Section 5.02(c) of the Loan Agreement. Accepted and Approved: PUBLIC AGENCY By: _ Title: By: _ Title: BANK By: _ Title: C-1 EXHIBIT D UNITED STATES OF AMERICA STATE OF FLORIDA COLLIER COUNTY WATER -SEWER DISTRICT REVENUE NOTE, DRAW NO. (JPMorgan Chase Bank) Principal Sum Date of Issuance Final Maturity Date KNOW ALL MEN BY THESE PRESENTS, that the Collier County Water -Seer District (the "Public Agency"), for value received, hereby promises to pay, solely from the Designated Revenues described in the within -mentioned Loan Agreement, to the order of the Florida Local Government Finance Commission, Tallahassee, Florida, or its successors or assigns (the "Noteholder"), the Principal Sum stated above advanced pursuant to that certain Loan Agreement by and among the Florida Local Government Finance Commission, the Public Agency and JPMorgan Chase Bank, N.A., dated as of , 2022 (the "Loan Agreement"), and to pay interest on such Principal Sum from the Date of Issuance identified above or from the most recent date to which interest has been paid at the interest rate per annum identified in the Loan Agreement commencing on the Date of Issuance until such Principal Sum shall have been paid. The Principal Sum hereof shall be payable upon the Final Maturity Date or earlier prepayment in accordance with the terms of the Loan Agreement and this Note. The Public Agency agrees to make all Loan Repayments in accordance with the terms of the Loan Agreement. This Note is subject to optional and mandatory prepayment in accordance with the Loan Agreement. Such Principal Sum and interest is payable in any coin or currency of the United States of America which, at the time of payment, is legal tender for the payment of public and private debts. [Insert Repayment Schedule.] This Note is issued under the authority of and in full compliance with the Constitution and statutes of the State of Florida, including, particularly, Chapter 125, Florida Statutes, Part II, Chapter 153, Florida Statutes, Chapter 2003-353, Laws of Florida, as amended, and other applicable provisions of law, a resolution duly adopted by the Public Agency on (the "Resolution"), as such resolution may be amended and supplemented from time to time, and is subject to all terms and conditions of the Resolution and the Loan Agreement. Any term used in this Note and not otherwise defined shall have the meaning ascribed to such term in the Loan Agreement. D-1 This Note is being issued to [finance or refinance or reimburse] the costs of . This Note is secured by and shall be payable from the Designated Revenues as described in the Loan Agreement to the extent and in the manner provided in the Loan Agreement. Notwithstanding any provision in this Note to the contrary, in no event shall the interest contracted for, charged or received in connection with this Note (including any other costs or considerations that constitute interest under the laws of the State of Florida which are contracted for, charged or received) exceed the maximum rate of interest allowed under the State of Florida as presently in effect. This Note, when delivered by the Public Agency pursuant to the terms of the Loan Agreement and the Resolution, shall not be or constitute an indebtedness of the Public Agency or of the State of Florida, within the meaning of any constitutional, statutory or charter limitations of indebtedness, but shall be payable solely from the Designated Revenues, as provided in the Loan Agreement and the Resolution. No Noteholder shall ever have the right to compel the exercise of the ad valorem taxing power of the Public Agency or the State, or taxation in any form of any property therein to pay the Note or the interest thereon, except to the extent otherwise specifically provided in the Loan Agreement. All terms and provisions of the Loan Agreement are hereby incorporated by reference herein. IN WITNESS WHEREOF, the Public Agency caused this Note to be signed by the manual signature of the Chairman of the Board of County Commissioners of Collier County, Florida, acting as the governing body of the Public Agency (the 'Board") and the seal of the Public Agency to be affixed hereto or imprinted or reproduced hereon, and attested by the manual signature of the Clerk to the Board and this Note to be dated the Date of Issuance set forth above. (SEAL) ATTEST: Clerk COLLIER COUNTY WATER -SEWER DISTRICT M. Chairman D-2 EXHIBIT E FORM OF AGREEMENT RE: CONTINGENCY ACCOUNT THIS AGREEMENT, dated as of is entered into between the Collier County Water -Sewer District (the "Public Agency"), a body corporate and politic and a duly constituted political subdivision of the State of Florida and U.S. Bank, National Association, as Trustee. WHEREAS, the Florida Local Government Finance Commission (the "Commission") is a legal entity and a public body corporate and politic formed pursuant to Part I, Chapter 163, Florida Statutes (the "Interlocal Act"), which Commission was created for the benefit of duly constituted counties, municipalities and other public agencies as described in the Interlocal Act, desiring to participate in a pooled commercial paper loan program in order to obtain a cost effective, short-term financing for acquiring, constructing and equipping capital improvements and for other governmental needs; and WHEREAS, in furtherance of the foregoing, the Commission shall issue, from time to time, commercial paper notes to be known as "Florida Local Government Finance Commission Pooled Commercial Paper Notes, Series A-1 (Governmental Issue)" (the "Series A Notes"), pursuant to the terms of a certain Trust Indenture, dated as of June 6, 2011 (the "Indenture"), between the Commission and the Trustee; and WHEREAS, the Public Agency has entered into a Loan Agreement (Utility) with the Commission and JPMorgan Chase Bank, N.A., dated as of , 2022 (the "Loan Agreement"), pursuant to which the Commission shall loan, from time to time, to the Public Agency certain proceeds of the Series A Notes to enable the Public Agency to finance various capital improvements and other governmental needs; and WHEREAS, the Public Agency has agreed to repay the above -described loans upon the terms specified in the Loan Agreement; and WHEREAS, such loan repayments shall be made monthly by the Public Agency to the Trustee; and WHEREAS, in order to ensure that adequate moneys shall be on deposit with the Trustee to meet the obligations of the Public Agency incurred under the Loan Agreement, the Commission shall require the Public Agency to establish a contingency account with the Trustee; NOW, THEREFORE, for and in consideration of the premises hereinafter contained, the parties hereto agree as follows: E-1 SECTION 1. ESTABLISHMENT OF CONTINGENCY ACCOUNT. The Trustee agrees to establish and hold for the Public Agency an account entitled "Collier County Water -Sewer District (Utility) Commercial Paper Note Contingency Account" (the "Contingency Account"). The Public Agency agrees to maintain a balance in the Contingency Account at least equal to 175 basis points (1.75%) times the Loan Amounts outstanding under the Loan Agreement times one -twelfth (the "Contingency Account Requirement"). In the event moneys in the Contingency Account are less than the Contingency Account Requirement, the Trustee shall notify the Administrator of the amount of such deficiency, which, in turn, shall notify the Public Agency. The Public Agency agrees to cure such deficiency at the time its next monthly Loan Repayment becomes due in accordance with the terms of the Loan Agreement. Moneys in the Contingency Account in excess of the Contingency Account Requirement shall be used as a credit on the next Loan Repayment due or, if no Loan Repayment shall thereafter be due, such moneys shall be returned to the Public Agency. No later than the 20th day of each month, the Trustee shall notify the Administrator of the amounts in the Contingency Account on the 15th day of such month. SECTION 2. USE OF MONEYS IN CONTINGENCY ACCOUNT. The moneys in the Contingency Account shall be used solely for the purpose of making the Public Agency's Loan Repayments arising under the Loan Agreement when the other moneys received by the Trustee from the Public Agency are insufficient for such purpose. Moneys in the Contingency Account shall be transferred by the Trustee to the accounts established by the Indenture in such amounts as shall be owing in relation thereto by the Public Agency pursuant to the Loan Agreement. Any moneys received by the Trustee as Loan Repayments made by the Public Agency which are in excess of the amounts required to be paid by the Public Agency pursuant to the Loan Agreement shall be deposited by the Trustee into the Contingency Account. SECTION 3. INVESTMENTS. The moneys in the Contingency Account shall be invested by the Trustee at the written direction of the Administrator in the securities described in clause (1), (2), (6), (7) and (8) of the definition of Investment Obligations (as defined in the Indenture). All investment earnings shall be retained in the Contingency Account and be utilized in accordance with the terms of this Agreement, including such earnings being used as a credit toward the next Loan Repayment due. The Trustee shall not be liable for any loss incurred with respect to any purchase or sale. SECTION 4. ACCOUNT NOT PART OF TRUST ESTATE. Moneys in the Contingency Account shall not be part of the Trust Estate established pursuant to the Indenture. Moneys in the Contingency Account are not pledged to the payment of the principal of and interest on the Series A Notes. Moneys in the Contingency Account shall not be used to make the loan repayments of any other public agency participating in the Pooled Commercial Paper Loan Program. E-2 SECTION 5. REMEDIES. In the event the Public Agency violates any provision of this Agreement, the Trustee, the Commission and/or the Administrator may take any action and enforce any remedy as shall be provided by law. SECTION 6. NOTICE. The Trustee shall immediately notify the Administrator of any violation of this Agreement by the Public Agency to which the Trustee becomes aware. SECTION 7. AMENDMENTS. This Agreement may be amended at any time by the parties hereto provided the Administrator and the Bank (as defined in the Indenture) have agreed in writing to such amendment. The Trustee agrees not to refuse to execute any amendment hereto which does not materially adversely affect it. SECTION 8. THIRD PARTY BENEFICIARIES. The Commission and the Administrator shall be third party beneficiaries to this Agreement. SECTION 9. TERMINATION. This Agreement shall terminate simultaneously with the termination of the Loan Agreement; provided, however, if the Commission and the Public Agency agree upon an earlier termination date, this Agreement shall terminate on such date. SECTION 10. DEFINITIONS. Unless the context or use indicates another meaning or intent, terms not otherwise defined herein shall have the meanings assigned thereto by the Loan Agreement. SECTION 11. APPLICABLE LAW. The laws of the State of Florida shall govern the construction of this Agreement. SECTION 12. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same Agreement. SECTION 13. NOTICES. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when hand delivered or mailed by registered or certified mail, postage prepaid, to the parties at the following addresses: Public Agency: Collier County Water -Sewer District c/o Collier County, Florida 3299 East Tamiami Trail Naples, Florida 34112 Attention: Ed Finn, Director, Corporate Financial & Management Services Telephone: 239/252-8609 Telecopy: 239/403-2366 E-3 Administrator: Florida Association of Counties, Inc. 100 South Monroe Street Tallahassee, Florida 32301 Attention: Director of Commercial Paper Program Telephone: (850) 922-4300 Telecopy: (850) 488-7501 Trustee: U.S. Bank National Association Mail Code EX-FL-UORT 225 E. Robinson Street, Suite 250 Orlando, Florida 32801 Attention: Corporate Trust Services Telephone: (407) 835-3807 Telecopy: (407) 835-3814 Any of the above parties may, by notice in writing given to the others, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. Notices to the Trustee shall be effective only upon the receipt thereof by the Trustee. [Remainder of page intentionally left blank] E-4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first written hereon. COLLIER COUNTY WATER -SEWER DISTRICT (SEAL) By: Chairman, Board of County Commissioners of Collier County, Florida, as the Ex-officio Chairman of the Governing Board of the Collier County Water -Sewer District Attest: Clerk of the Board of County Commissioners of Collier County, Florida and Ex-Officio Clerk to the Governing Body of the Collier County Water -Sewer District Approved as to form and legal sufficiency: County Attorney U.S. BANK NATIONAL ASSOCIATION By: Authorized Officer ACCEPTED AND ACKNOWLEDGED AS OF THE DATE FIRST WRITTEN HEREON FLORIDA ASSOCIATION OF COUNTIES, INC. By: Authorized Officer E-5 SAN MARINO RPUD Planned Unit Development Amendment Collier County Planning Commission Hearing Package August 11, 2022 PREPARED FOR: SD San Marino, LLC 2647 Professional Circle, Suite 1201 Naples, FL 34119 SUBMITTED TO: Collier County Government Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 www.colliergov.net (239) 252-2400 I 31if Y 1 Planning + Landscape Architecture Table of Contents Contents Completed PUDR Application Project Narrative Aerial Location Map Master Plan PUD Document (Strikethrough-Underline of Ordinance 15-30) Pre -application Meeting Notes Affidavits of Authorization, Disclosure and Unified Control Deviations and Justifications Addressing Checklist Warranty Deeds Boundary Survey and Legal Description Protected Species Survey Traffic Impact Statement School Concurrency Application Statement of Utility Provisions Hearing Waivers Neighborhood Information Meeting Zoning Approvals 141%11 Planning + Landscape Architecture SAN MARINO RPUD Planned Unit Development Amendment Application COMPLETED PUDR APPLICATION I 31if . Planning + Landscape Architecture 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): See properties owners list Name of Applicant if different than owner: _ Address: City: Telephone: E-Mail Address: Cell: State Fax: Name of Agent: Fred Drovdlic, Alexis Crespo & Richard Yovanovich WO Firm: RVi Planning + Landscape Architecture & Coleman, Yovanovich & Koester, P.A. Address: 28100 Bonita Grande Drive city: Bonita Springs state: FL Telephone: 239-318-6707 Cell: 239-989-3370 Fax: ZIP: 34135 E-Mail Address: frovdlic@rviplanning.com, rovanovich@cyklawfirm.com Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. March 4, 2020 Page 1 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 REZONE REQUEST This application is requesting a rezone from: RPUD Zoning district(s) to the RPUD zoning district(s). Present Use of the Property: willow Run Quarry, Adevenir Apts, vacant commercial/restaurant, and undeveloped land Proposed Use (or range of uses) of the property: Residential, Accessory Uses & Preserve Original PUD Name: San Marino RPUD, Willow Run RPUD, and Lido Isles RPUD Ordinance No.: 2014-35 (Willow Run PUD), 2015-29 (San Marino GMPA), 2015-30 (San Marino PUD), 2016-22 (San Marino PDI), 2015-35 (Lido isles) 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: 11.12,13,14 T50 R26 Lot: Block: Subdivision: Metes & Bounds Description: see survey and legal description Plat Book: Page #: Property I.D. Number: see addressing checklist Size of Property: ft. x ft. = Total Sq. Ft. Acres: 823.E+/- Access undetermined and 9480 COLLIER (San Marino), 9300 MARINO CIR (Advenir Apts.), Address/ General Location of Subject Property: - 9220 COLLIER (Willow Run); 9198 COLLIER (Lido Isles); 9080 COLLIER (Parcel ID: 00411040002) East side of Collier Blvd approx. 1.25 miles north of Rattlesnake Road PUD District (refer to LDC subsection 2.03.06 Q ❑ Commercial ❑■ Residential ❑ Community Facilities ❑ Mixed Use ❑ Other: ❑ Industrial March 4, 2020 Page 2 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 ADJACENT ZONING AND LAND USE Zoning Land Use N PUD and A Multi-Family/Golf Course/Preserves (Forest Glen PUD) S PUD and A Undeveloped Residential (Hacienda Lakes MPUD) E MPUD and A (RFMUO) NRPA SENDING Preserves (Hacienda Lakes MPUD); Residential/Agricultural Uses W PUD and CF P U D Single & Multi -Family (Naples Heritage, Naples National, Homes of Islandia & Naples Lakes PUDs); LASIP Lands 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: " 12,1314 / T5� R26 Lot: Block: Subdivision: Plat Book: Page #: Property I.D. Number: Metes & Bounds Description: See boundary survey and legal description 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: SEE NEXT PAGE FOR LIST Mailing Address: Name of Homeowner Association: City: State: ZIP: 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 ' ' , www.waldropengineering.com Ell I (855) WALDROP IAIENGINEERING PLANNING I CIVIL ENGINEERING LANDSCAPE ARCHITECTURE ASSOCIATIONS List all registered Home Owner Association(s) that could be affected by this petition. Naples Heritage Golf and Country Club Property Owner Association 7890 Naples Heritage Drive, Naples, FL 34112 Naples Lakes Country Club 4784 Inverness Club Drive, Naples, FL 34112 Forest Glen Golf & Country Club - Bishopwood Ct. West 3962 Bishopwood Ct., Unit 201, Naples, FL 34114 Forest Glen Golf & Country Club - Bishop West One 3909 Loblolly Bay, Unit 202, Naples, FL 34114 Forest Glen Golf & Country Club - Bishopwood Court East Condo Association 3980 Bishopwood Court East, Unit 201, Naples, FL 34114 Forest Glen Golf and Country Club -- Barrington One Condominium Association 3880 Forest Glen Boulevard, Unit 201, Naples, FL 34114 San Marino RPUD PL20210001766 Last Revised: August 27, 2021 Page 1 of 1 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 Collier County Payment Slip (PL) Date: November 24, 2021 Contact: Fred Drovdlic 28100 Bonita Grande Drive Suite 305 Bonita Springs, FL 34135 Project Name: San Marino -Willow Run (PUDR Project Number: PL20210001766 FEES: F D ri i n I Reference Number I Amount Comp Planning Review - PUD to PUD Rezone PL20210001766 $2,250.00 PL20210001766 $7,500.00 Planned Unit Development to PUD Rezone PL20210001766 $20,590.00 Site Area (Acreage) fee PL20210001766 $150.00 Fire Code Review - PUD Rezone PL20210001766 $1,125.00 Legal Advertising Fee PL20210001766 $500.00 Le al Advertising Fee BCC PL20210001766 $2,500.00 Environmental Impact Statement Base fee PL20210001766 $500.00 TIS Methodology Review PL20210001766 $1,500.00 TIS Major Study Review Total: $36,615.00 Pre-App Credits: Item Type Balance To pay online use the following link: httpsl/cvD rti2l.colliercounlyfl.gov/CityViewWeb/ Must be a GMD Public Portal registered user to make payment. PAY TO: SD San Marino LLC Collier County Board of Commissioners VENDOR NO. CHECK TOTAL CHECK NO. 536 3299 Tamiami Trail East Ste700 coc01 $36,615.00 CHECK DATE 12/03/2021 Naples, FL 34112-5749 Invoice Date Description Gross Amount Adjusts Net Amount WR*PUDA 11/30/21 PL20210001766-WillowRun 36615.00 0.00 36615.00 WR*PUDA Infrastructure Job 07500 San Marino Development ONLY Check Subtotal » 36615.00 0.00 36615.00 PLEASE DETACH AND RETAIN FOR YOUR RECORDS SD San Marino LLC 2639 Professional Circle Suite 101 Naples FL 34119 239-592-7344 THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER Iberia Bank 7041 536 2652 PAY THIRTY-SIX THOUSAND SIX HUNDRED FIFTEEN DOLLARS AND ZERO CENTS*********** TO THE ORDER OF t - Collier County Board of Commissioners 3299 Tamiami Trail East Ste700 Naples, FL 34112-5749 DATE 12/03/2021 VOID 90 DAYS TER ISSUE DATE AUTRORIZED SIGNATURE V. THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIA1 \A/ATFRMARK—HOLD AT AN ANGLE TO ****36,615.00 ��l 11/0000000 5 3 GO 1: 2 6 5 2 70 4 1 31: 2000 19 5 9 7 2 711' SAN MARINO RPUD Planned Unit Development Amendment Application PROJECT NARRATIVE Planning + Landscape Architecture ■ I 3XI 1 Planning + Landscape Architecture Request Narrative & Evaluation Criteria jan Marino RPUD 1. Project Overview Stock Development ("Applicant") is seeking approval for a PUD Amendment to the San Marino Residential Planned Unit Development (RPUD). The amended San Marino PUD will include additional acreage and a mix of housing types that range from multi -family apartments to single- family homes with multiple neighborhood areas each with amenity centers. As of today, the San Marino PUD includes the 350-unit Advenir at Aventine Apartments whereas the remainder of the resulting combined PUD is undeveloped. 2. Request The request is to amend the San Marino RPUD. The amendment is to bring in the Willow Run PUD, Lido Isles PUD, the property that occupied by Cracklin' Jacks Restaurant to the San Marino PUD to create one amended San Marino PUD. The maximum density of the combined PUD is 1,321 residential units on 823.E+/- acres yielding an overall projected density of 1.6 dwelling units per acre. The density is a combination of base density and Transfer of Development Rights (TDR) units as permitted in the Collier County Growth Management Plan (GMP). The density breakdown is in Table 1 in Section 5. The proposed amendment to the San Marino RPUD is comprised of three (3) separate development parcels delineated on the PUD Master Plan as Parcels "A", "B" and "C". Parcel "A" is approximately 38.9 acres and is built -out with 350 multi -family dwelling units, accessory recreational facilities, supportive infrastructure, and preserve. The amended PUD Parcel "B" and "C" combined is approximately 784.7+/- acres. • Parcels "B" and "C" will combine to develop as a residential community with a maximum of 971 dwelling units. The deviations being requested are a combination of previously approved deviations in both the San Marino and Willow PUD's and a new deviation. Some language has been modified for the previously approved deviations due to changes to code and the combining of the PUD's. Preserve/conservation areas from the combination of the requirements from both the San Marino and Willow Run PUD's exceed the requirements for the overall amended PUD. Open space will meet code for the overall PUD. The PUD document is a strikethrough-underline of the San Marino RPUD. San Marino RPUD PL20210001766 Last Revised: February 18, 2022 Page 1 of 11 Narrative & Evaluation Criteria 3. Site and Location The property is generally located on the east side of County Road 951 approximately one and one- half (1.5) miles south of the intersection of Davis Boulevard (State Road 84) and County Road 951, unincorporated Collier County, Florida. The adjacent property to the west is Collier Boulevard right-of-way and canal. Across the road is Naples Heritage PUD, Naples National PUD, Homes of Islandia PUD, Naples Lakes PUD and Collier County recreational lands. To the south is Hacienda Lakes MPUD. It is in the process of being developed with a potential future interconnection to the project. To the north is the Forest Glen Country Club and residential community and a vacant parcel that is agriculturally zoned and vacant abutting the project on Collier Boulevard. To the east is undeveloped land zoned Agriculture in the Rural Residential Fringe Sending (RFS) lands abutting the northeastern boundary with some scattered residential uses and the Hacienda Lakes MPUD preserve area abutting the majority of the eastern boundary. 4. Land Use and Zoning The San Marino Property was originally rezoned in 2000 from Rural Agriculture ("A") and Rural Agriculture with Special Treatment Overlay ("A-ST") to PUD, allowing for the development of the property with a maximum of 352 dwelling units, a golf course, and preserves. In 2002, approximately 38.9 acres of the PUD were developed with 350 multi -family dwelling units known as the "Aventine at Naples" apartment complex, effectively utilizing all of the available base density for the entire San Marino PUD. The intent at that time for the remaining 196 acres was for development as a private golf course and club. In February 2014, Stock Development & H & LD Venture, LLC filed a Growth Management Plan Amendment to allow: 1) density bonus of up to 2.5 units per gross acre via the transfer of up to 2.5 units (transferable development rights) per acre from lands designated as Rural Fringe Mixed Use District Sending Lands; and 2) to allow the use of TDRs from any lands designated as Sending within the Rural Fringe Mixed Use District, thereby omitting the requirement to obtain TDRs from lands within one (1) mile of the Urban Boundary. In 2015, pursuant to Ordinance 2015-30, the Applicant amended the San Marino RPUD zoning to allow for the development of the 196+/-acres with a maximum of 300 residential dwelling units, preserve lands, and amenities in accordance with the Growth Management Plan application. Since the date of approval the property was sold from H & LD Venture, LLC to Stock Development (SD San Marino, LLC). To date, only the Aventine Apartments have been developed within the project. In 2014, the Willow Run Property was rezoned from Rural Agriculture (A) and Agricultural Special Treatment Overlay (A-ST) to Residential Planned Unit Development pursuant to Ordinance 2014- 35. The RPUD allows for a maximum of 590 dwelling units, consisting of any mix of single-family detached, single-family attached, townhome, and multi -family dwelling types. To date, no development has commenced within the project, with the exception of historical mining activities. San Marino RPUD PL220210001766 Last Revised: February 18, 2022 Page 2 of 11 Narrative & Evaluation Criteria The Lido Isles Property was rezoned from Rural Agriculture (A) and Agricultural Special Treatment Overlay (A-ST) to Residential Planned Unit Development pursuant to Ordinance 2015-35. The RPUD allows for a maximum of 61 dwelling units (24 by TDR), consisting of any mix of single-family detached, single-family attached, townhome, and multi -family dwelling types. To date, no development has commenced within the project. The former Cracklin' Jack's Restaurant Property is zoned Rural Agriculture (A) and Agricultural Special Treatment Overlay (A-ST). The properties are part of the Urban Residential Fringe Subdistrict and Rural Fringe Mixed Use District Sending Lands Future Land use categories of the Collier County Growth Management Plan. The density breakdown is as follows: Table 1: Density Request APPROVED ZONING PROPOSED PUDA Property Acres Base Density TDR Density Base Density Allowed Per GMP TDR Density Total Request San Marino' 235.3 352 298 352 4 298 650 Willow Run 2 558.5 590 0 5965 0 596 Lido Isles 3 24.3 37 24 37 24 61 Cracklin' Jacks 5.5 8 0 8 6 7 14 TOTAL REQUEST 823.6 987 322 993 6 328 1,321 Notes: 1. Per Ord 15-30 (San Marino): Base Density @ 1.5 du/acre TDR Density @ 1.52 du/acre (235.3-38.9 = 196.4 acres) 2. Per Ord 14-35 (Willow Run): URF Base Density @ 1.5 du/acre (394.4 acres) RFS Base Density @ 1 du140 acres (164.1 acres) 3. Per Ord 15-35 (Lido Isles): Base Density @ 1.5 du/acre TDR Density @ 1 du/acre 4. 350 units have been constructed in the San Marino PUD for the Advenir at Aventine Apartments. 5. Base Density @ 1.5 du/acre (394.4 acres x 1.5 = 592 DU) Base Density @ 1 du140 acres (164.1 acres = 4 DU) 6. Urban Residential Fringe (URF) Base Density — 659.5 acres @ 1.5 du/acre = 989 DU maximum Rural Fringe Sending (RFS) Base Density— 164.1 acres @ 1 du140 acres = 4 DU maximum TOTAL BASE DENSITY = 993 DU 7. TDRs to be transferred from the Rural Fringe Mixed Use Sending Lands located within one mile of the Urban Boundary in accordance with LDC section 2.03.07 D.4.d.ii.a 5. Environmental As identified on the PUD Master Plan, the preserves are not being altered from the approvals found in Willow Run and San Marino PUD's and the preserves in the combined PUD's exceed preserve requirements for the amended San Marino PUD. Per the PUD Document a minimum of twenty-five (25) percent of the existing viable naturally functioning native vegetation on -site shall be retained. All of the lands in the Rural Fringe Sending (RFS) area are being preserved as was previously approved and the overall design of the Willow Run PUD and overall 32.5% of the existing viable naturally functioning native vegetation will be retained. The combined preserves will be 267.7+/- acres as shown on the Master Plan for the amended PUD and the minimum open space required is 494.2+/- acres. Passarella and Associates has conducted a Protected Species Survey attached to the submittal. San Marino RPUD PL220210001766 Last Revised: February 18, 2022 Page 3 of 11 Narrative & Evaluation Criteria 6. Infrastructure The subject property will be accessed via Collier Boulevard at the access point conceptually established by the Willow Run RPUD. This is the primary and only access for the amended San Marino RPUD that combines the three PUD's and the former Cracklin' Jacks. This proposed access supports the county's vision for limited access to high-speed arterial roadways, such as Collier Blvd. Parcel "C" will be accessed by the access from Parcel "C" south to Hacienda Lakes. The entrance existing access to the Aventine Apartments will remain. As outlined in the Traffic Impact Statement (TIS) prepared by JMB Transportation Engineering, Collier Boulevard has adequate capacity for this project. The density and trips have been included from the previous PUD zonings with additional trips from the addition of the Cracklin' Jacks property. The resulting project will slightly increase trips on Collier Boulevard yet the large majority had been previously programmed. Potable water and sanitary sewer is available with connection to Collier County Utilities from Collier Boulevard. 7. Site Plan Details The site will contain a maximum of 1,321 dwelling units. The gross project area is 823.E+/- acres. The gross project density shall be 1.6 units per acre. The site is divided into three areas: Parcels A, B and C. Parcel A is 38.9 acres and is built with 350 multi -family dwelling units known as the Advenir at Aventine apartments. Parcel B and C combine for 784.7 acres and will be developed as a residential community with a mix of housing types of up to 971 dwelling units. There are two access points for the PUD onto Collier Boulevard: 1. Primary access is generally consistent with the approval for the Willow Creek PUD. 2. The existing access as the entrance to the Advenir Apartments. Preserves are show as totaling 267.7+/- acres. The project is in both the Urban Fringe Receiving (UFR) and the Rural Residential Sending (RFS) lands. The entirety of the RFS land will be preserved. The project will contain various housing types in the list of permitted uses that include single family detached, single family variable and zero lot line units, two-family attached/duplex, townhouses, and multi -family. Additionally are a list of customary accessory uses and structures including garages, swimming pools, spas, screen enclosures, sheds/structures similar in nature; open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters; model homes, model home sales centers, and sales trailers, including offices for project administration, construction, sales and marketing, as well as resale and rental of units, swimming pools, spas, screen enclosures, shed/structures similar in nature; walls, berms and signs; passive open space uses and structures, including, but not limited to landscaped areas, gazebos, park benches, and walking trails; and temporary sales trailers and model units. San Marino RPUD PL220210001766 Last Revised: February 18, 2022 Page 4 of 11 Narrative & Evaluation Criteria Willow Run is approved for commercial excavation. This is part of the permitted uses to be requested to continue during construction of residential phases. All buildings, signage, landscaping, and visible architectural infrastructure shall be architecturally and aesthetically unified within each Parcel. Said unified architectural theme shall include: a similar architectural design and use of similar materials and light colors throughout all of the buildings, signs, and fences/walls to be erected on the entire subject parcel, except for decorative trim. Landscaping and streetscape materials shall also be similar in design throughout the subject site. Parcels "A", "B" and "C" are not required to be architecturally and aesthetically unified to each other. 8. Community Support A Neighborhood Information Meeting will be held after receiving the initial comments. The following Civic Associations will be notified: Naples Heritage Golf and Country Club Property Owner Association 7890 Naples Heritage Drive, Naples, FL 34112 Naples Lakes Country Club 4784 Inverness Club Drive, Naples, FL 34112 Forest Glen Golf & Country Club - Bishopwood Ct. West 3962 Bishopwood Ct., Unit 201, Naples, FL 34114 Forest Glen Golf & Country Club - Bishop West One 3909 Loblolly Bay, Unit 202, Naples, FL 34114 Forest Glen Golf & Country Club - Bishopwood Court East Condo Association 3980 Bishopwood Court East, Unit 201, Naples, FL 34114 Forest Glen Golf and Country Club -- Barrington One Condominium Association 3880 Forest Glen Boulevard, Unit 201, Naples, FL 34114 9. Evaluation Criteria GMP CONSISTENCY FUTURE LAND USE ELEMENT 2. Urban Residential Fringe Subdistrict: The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural/Rural Area and comprises approximately 5,500 acres and 5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum base density of 1.5 units per gross acre, plus any density bonus that may be achieved via CCME Policy 6.2.5 (6) b.1., and either "a" or "b" or "c" below: The subject property is within the Urban Residential Fringe (URF) Subdistrict per the Collier County Growth Management Plan (GMP). This subdistrict is specifically sited on the Future San Marino RPUD PL220210001766 Last Revised: February 18, 2022 Page 5 of 11 Request Narrative & Evaluation Criteria Land Use Map to provide transitional densities between the Urban designated area and the Agricultural/Rural area, and extends 1 mile east of Collier Blvd., from Davis Blvd. south to US 41. The maximum allowable "base" density within the URF Subdistrict is 1.5 units per acre, which may be increased by 1.0 unit per acre via the use of transferable development rights (TDRs) severed from Sending Lands located within one (1) mile of the Urban Boundary. The amended San Marino PUD will be at an overall density of 1.6 units per acre based on the densities set forth in the San Marino RPUD (per Ordinance 2015-30), Willow Run RPUD (per Ordinance 2014-35), the Lido isles RPUD (per Ordinance 15-35) and the acreage of Parcel ID 00411040002 as follows: Total dwelling units: 1,321 units Willow Run RPUD dwelling units: 596 units (per GMP) San Marino RPUD dwelling units: 650 units (352 Base units and 298 TDR units) Lido Isles RPUD dwelling units: 61 units (37 Base units and 24 TDR units) Cracklin' Jacks (ID 00411040002): 14 units (8 Base units and 6 TDR units) The proposed amendment to the San Marino RPUD is comprised of two (2) separate development parcels delineated on the PUD Master Plan as Parcels "A", "B" and "C". Parcel "A" is approximately 38.9 acres and is built -out with 350 multi -family dwelling units, accessory recreational facilities, supportive infrastructure, and preserve. Parcel "B" and "C" combined is approximately 784.7+/- acres and will develop as a residential community with a maximum of 971 dwelling units. The RPUD will be consistent with the stated objectives for the URF subdistrict, and will further the County's goals for growth management. Transfer of Development Rights Bonus: From Sending Lands located within one mile of the Urban Boundary into lands designated Urban Residential Fringe, at a maximum density increase of one unit per gross acre, except for properties that straddle the Urban Residential Fringe and the Rural Fringe Mixed Use Sending Lands designations, and meet the other Density Blending criteria provided for in subsection 5.2 of the Density Rating System, which may transfer TDRs from Sending Lands located within one mile of the Urban Boundary into lands designated Urban Residential Fringe, at a maximum density increase of 1.3 units per gross acre. The Urban Residential Fringe portion of the Naples Reserve Residential Planned Unit Development located in Section 1, Township 51 South, Range 26 shall not be subject to the one mile limitation set forth above and may utilize TDRs from any lands designated Sending within the Rural Fringe Mixed Use District to achieve up to the maximum allowable density increase. A maximum of 1,321 dwelling units shall be constructed in the residential areas of the project area. The gross project area is 823.6 acres. The gross project density shall be a maximum of 1.6 units per acre of base density (993 dwelling units), and 0.4 units per acre (328 dwelling units) via TDRs. Policy 5.3: Discourage unacceptable levels of urban sprawl in order to minimize the cost of community facilities by: confining urban intensity development to areas designated as Urban on the Future Land Use Map; requiring that any additions to the Urban Designated Areas be contiguous to an existing Urban Area boundary, and, encouraging the use of creative land San Marino RPUD PL220210001766 Last Revised: February 18, 2022 Page 6 of 11 f 13\ Request Narrative & Evaluation Criteria use planning techniques and innovative approaches to development in the County's Agricultural/Rural designated area, which will better serve to protect environmentally sensitive areas, maintain the economic viability of agriculture and other predominantly rural land uses, and provide for cost efficient delivery of public facilities and services The proposed RPUD will allow for infill development along a 6-lane arterial corridor where adequate public facilities are available to support the proposed density. This petition will allow for the expansion of residential uses in an appropriate location through the use of TDR bonus density credits, which will directly support the County's stated goals of limiting urban sprawl and protecting environmentally -sensitive rural areas. Therefore, the request is in direct compliance with the above policy. FLUE Policy 5.4: New developments shall be compatible with, and complementary to, the surrounding land uses as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). The RPUD's compatibility with surrounding land uses was reviewed and approved as part of the original PUD approvals for both the San Marino and Willow Run petitions, which allowed for a range of single-family, duplex and multi -family residential. The surrounding land use pattern is largely comprised of residential communities and mixed -use developments at urban and suburban levels of density and intensity. The proposed changes to the RPUD via this application will not impact the project's compatibility with these established land uses and will allow for new residential development in an infill location that is adequately serviced by available public infrastructure. Policy 5.6: Permit the use of clustered residential development, Planned Unit Development techniques, mixed -use development, rural villages, new towns, satellite communities, transfer of development rights, agricultural and conservation easements, and other innovative approaches, in order to conserve open space and environmentally sensitive areas. Continue to review and amend the zoning and subdivision regulations as necessary to allow and encourage such innovative land development techniques. The RPUD is a residential project incorporating Planned Unit Development techniques, such as clustered development patterns, which result in significant habitat protection in the northeast portion of the site, adjacent to off -site preserve areas. FLUE Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. Per the attached PUD Master Plan (Exhibit "A"), the RPUD will connect Collier Boulevard/CR 951. FLUE Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. The access points have been established in prior zoning approvals. The Parcel B portion of the project will access Collier Boulevard via a single access point corresponding to the Willow Run PUD ingress/egress south of Aventine Apartments. The internal configuration will allow for access to amenity areas and the neighborhood without entrance onto Collier Boulevard San Marino RPUD PL220210001766 Last Revised: February 18, 2022 Page 7 of 11 lqx AV Request Narrative & Evaluation Criteria in compliance with this policy to the greatest extent possible given prior approvals. Parcel "C" shall be accessed via an interconnect to Hacienda Lakes MPUD. FLUE Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. As noted above, the project will provide an interconnection to the remaining parcel, subject to the approval of the landowner. Direct interconnection is not proposed to the north due to the existing residential dwelling unit. FLUE Policy 7.4: "The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types." The RPUD proposes a variety of dwelling types, ranging from single-family detached to multi- family, which will vary in price in accordance with this policy. Moreover, the proposed recreational components, open space, and requisite sidewalks will ensure the community is walkable. A multi -use pathway is constructed along the project's Collier Blvd. frontage to further ensure walkability. Please address how the proposed project is consistent with Conservation Coastal Management Element (CCME) Policy 6.1 and Objective 7.1. Policy 6.1.1: Native Vegetation Preservation Developments within Urban designated lands that are greater than 20 acres in size and outside of the Coastal High Hazard Area are required to retain 25% of the existing, on -site native vegetation. In compliance with this policy, the Applicant is proposing to retain 252.6 acres of native vegetation within the 784.7+/- acre portion of the combined RPUD known as Parcels "B" and "C". Parcel "A" is already built and includes 15.1+/-acres of designated preservation lands in accordance with the above policy, as approved per SDP-2000-61 for a total RPUD or 267.7 acres. The minimum required native vegetation for the PUD is 206.7 acres. The Master Plan shows that 267.7 acres of native vegetation will be retained, or 32.5%. Objective 7.1: Protection of Listed Species Development areas within the project are concentrated to within and surrounding areas previously impacted by mining activity. The project proposes to preserve 267.7 acres of on - site native vegetation and the preserve areas are located contiguous to preserve areas in adjacent developments. A Listed Species Survey was conducted on the property and is attached. The PUD document includes commitments related to Listed Species Management. Additionally, the project will be required to comply with all State and Federal permitting requirements regarding species protection. Explain how the project meets or exceeds the native vegetation requirements and minimizes impacts to listed species as required in the CCME. (The preservation requirement is 25%}. PL220210001766 San Marino RPUD Last Revised: February 18, 2022 Page 8 of 11 • L Request Narrative & Evaluation Criteria A minimum of twenty-five (25) percent of the existing viable naturally functioning native vegetation on -site shall be retained. The minimum required native vegetation for the PUD is 206.7 acres. The Master Plan shows that 267.7 acres of native vegetation will be retained, or 32.5%. LDC CONSISTENCY 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 San Marino RPUD is currently approved for 650 dwelling units at a gross density of 2.76 du/acre. This petition proposes to merge the Willow Run PUD, Lido Isles PUD and the additional acreage known as the Cracklin' Jacks parcel into the San Marino PUD adding the density over the entireity of the project resulting in a unit count of 1,321 units. The resulting density, including TDR's, is 1.6 du/acre. The combined PUD is merging three previously approved PUD's. Constency with this policy has been previoulsy vetted. However an analysis does show that it is still consistent with the surrounding area. • The request is consistent with the approved density of 3.67 du/acre within the Lely Resort PUD/DRI, which is 1.5 miles southwest of the subject property. In addition to this comparable density, the Lely Resort approval allows for 820,000 square feet of commercial uses, which further intensifies the project and development pattern along Collier Blvd. • Similarly, Hacienda Lakes is approved at a density of 2.8 du/acre, but also has 587,500 square feet of commercial uses permitted in the development. • It is also important to note that uses immediately north in Forest Glen are multi -family dwellings, at a relatively high net density of approximately 12 du/acre. Additionally, this community is buffered from the subject property by the on -site preserve areas and golf course, as well as the expansive proposed preserve area in the northeast corner of the project. The proposed RPUD is supported by surrounding development patterns, and will not be inconsistent with the residential character and approved densities/intensities along the Collier Blvd. corridor. Compatibility will be further addressed through performance standards and development regulations provided in the companion PUD Document, including perimeter buffers, internal arrangement of developable areas, and the location of preserves to provide both separation from off -site uses and contiguous conservation areas. The immediate area along CR 951/Collier Blvd. has undergone extensive urban development and has experienced major additions in terms of community and essential servcies in recent years. A full range of utility infrastructure exists in the area, and is availble to service the RPUD per the attached Letter of Availability from Collier County Utilities and Traffic Impact Statement (TIS). Necessary educational facilities exist in the immediate area, and include: Calusa Park Elementary, Lely Elementary, Manatee Middle School, and Lely High School. San Marino RPUD PL220210001766 Last Revised: February 18, 2022 Page 9 of 11 IIX AV Request Narrative & Evaluation Criteria Golden Gate Fire #72 a station within 1 mile of the site. A Collier County Sheriff substation is located at 8075 Lely Cultural Parkway within 2 miles of the site. The RPUD is also in close proximity to the Mixed Use Activity Center Subdistrict at Rattlesnake Hammock and Collier Blvd., which is approved for DRI-levels of commercial and institutional uses as noted above. The RPUD application balances the County's desire to direct new development to areas serviced by existing public infrastructure, with measures to ensure compatability with surrounding communities. 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. The subject property is under unified control through SD Marino, LLC and Hartley Land LLC. which is managed and owned by Stock Development and David torres respectively as demonstrated by the Statement of Unified Control included in the PUDA application. c. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what subdistrict, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that subdistrict, policy or other provision.) See the GMP Consistency Section above. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The RPUD will allow for a mix of residential dwelling types, accessory uses and recreational amenities that are commonly found in PUDs across Collier County. Morevoer, the proposed density is consistent with approved densities to the west of Collier Blvd., and will be compatible with adjacent comunities to the north and south via the provision of landscape buffers and strategically located preserve areas. The provision of common neighorhood design criteria as outined in the PUD Document will further add to the continuity and compatibility of the project, both internaly and externally. e. The adequacy of usable open space areas in existence and as proposed to serve the development. The RPUD proposes 60% open space internal to the project, in accordance with the LDC. The open space will be met through on -site preserve areas, lakes, and passive and active recreational amenities provided for in the list of permitted uses. San Marino RPUD PL220210001766 Last Revised: February 18, 2022 Page 10 of 11 Narrative & Evaluation Criteria f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The timing and sequence of development will assure the adequacy of available improvements and facilities, in accordance with this criterion. Data and analysis has been provided with this application to demonstrate the adequacy of and facilities to service the project. g. The ability of the subject property and of surrounding areas to accommodate expansion. The RPUD is located in an area of the County specifically intended for expansion, as evidenced by the nearby activity center and surrounding land use pattern. The appropriate facilities exist and have been previously programmed to accommodate the approved 1,240 units proposed that will not be increased but merged into one unified development. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. When originally approved in 2014 and 2015, this project conformed to all applicable PUD regulations, except where deviations were approved for design flexibility. The purposes of this petition is to combine the three PUD's and additional acreage into a unified plan. The intent of the zoning district remains the creation of a residential community that serves as an enhancement to the County, and provides for a range of housing types to accommodate projected population growth. The strikethrough-underline San Marino RPUD document outlines the requested deviations per the current LDC requirements merging the previously approved deviations from the Willow Run and San Marino PUD's into 13 deviation requests. The project will continue to conform to the PUD regulations as prescribed by the LDC, except where a deviation is proposed to enhance design flexibility within the project. Demonstrate that the design of the proposed stormwater management system and analysis of water quality and quantity impacts fully incorporate the requirements of the Watershed Management regulations of 3.07.00. The proposed San Marino PUD will satisfy all regulations listed in sections A-E of Collier County LDC 3.07.00. The site will provide treatment for 150% of the required amount, mitigate wetlands that are directly impacted by development, provide sufficient floodplain storage compensation, convey water to minimize natural wetland impact, and not negatively affect surrounding properties during a 25-year, 3-day storm. 10. Conclusion In summary, the merging of the Willow Run PUD and Lido Isles PUD and the additional acreage in the Cracklin' Jacks property into the San Marino PUD to make a unified community does not seek to increase density, alter the required preserves or impact the surrounding community and infrastructure needs beyond what has already been approved through Ordinances 15-30, 14-35, 15- 35 and is allowable by the GMP. The request will allow for a cohesive master planned community that is well -planned and compatible with the surrounding land use pattern. Lastly, the request is consistent with the Collier County LDC and GMP. San Marino RPUD PL220210001766 Last Revised: February 18, 2022 Page 11 of 11 SAN MARINO RPUD Planned Unit Development Amendment Application AERIAL LOCATION MAP Planning + Landscape Architecture to 4 4 • AWL 1. I � r 1 - � 1 f , �� _ k ltjj - WALDROP .. µ«z oo3e, San Marino RPUD Amendmen ATTACHMENT `A' San Marino RPUD Parcels Parcel ID: 00410840009 Street# & Name: 9480 COLLIER BLVD Build# / Unit#: 006 / Parcel ID: 00410640005 Street# & Name: Build# / Unit#: 001 / Parcel ID: 00410880001 Street# & Name: Build# / Unit#: 007 / Parcel ID: 00410960002 Street# & Name: Build# / Unit#: 009 / Parcel ID: 00411200004 Street# & Name: Build# / Unit#: 015 / Parcel ID: 00411240006 Street# & Name: Build# / Unit#: 016 / Parcel ID: 00411320007 Street# & Name: Build# / Unit#: 018 / Parcel ID: 00411440000 Street# & Name: Build# / Unit#: 022 / Parcel ID: 00411640004 Street# & Name: Build# / Unit#: 027 / Parcel ID: 00410760008 Street# & Name: 9300 MARINO CIR Build# / Unit#: 004 / Willow Run RPUD Parcels Parcel ID: 00411800006 Street# & Name: 9220 COLLIER BLVD Build# / Unit#: 032 / Parcel ID: 00412240005 Street# & Name: Build# / Unit#: 008 / Parcel ID: 00414320004 Street# & Name: Build# / Unit#: 011 / Parcel ID: 00417120007 Street# & Name: Build# / Unit#: 012 / 1 Ownership SD SAN MARINO LLC MGR: STOCK, BRIAN K 2639 PROFESSIONAL CIR #101 NAPLES, FL 34119 ADVENIR(a-)AVENTINE LLC 17501 BISCAYNE BLVD STE 300 AVENTURA, FL 33160 Ownership SD SAN MARINO LLC MGR: STOCK, BRIAN K 2639 PROFESSIONAL CIR #101 NAPLES, FL 34119 San Marino RPUD PL20210001766 Last Revised: February 18, 2022 Page 1 of 2 Parcel ID: 00411120003 Street# & Name: Build# / Unit#: 013 / Parcel ID: 00411160005 Street# & Name: Build# / Unit#: 014 / Parcel ID: 00412520000 Street# & Name: Build# / Unit#: 015 / Parcel ID: 00411360009 Street# & Name: Build# / Unit#: 020 / Parcel ID: 00411400008 Street# & Name: Build# / Unit#: 021 / Parcel ID: 00417680000 Street# & Name: Build# / Unit#: 029 / Parcel ID: 00417040006 Street# & Name: Build# / Unit#: 011 / Parcel ID: 00410920000 Street# & Name: Build# / Unit#: Lido Isles RPUD Parcels Ownership Parcel ID: 00411520001 HARTLEY LAND, LLC Street# & Name: 9198 COLLIER BLVD 7742 ALICO RD Build# / Unit#: 024 / FORT MYERS, FL 33912 Parcel I D: 00411000000 Street# & Name: Build# / Unit#: 010 / Parcel ID: 00411720005 Street# & Name: Build# / Unit#: 030 / Former Cracklin' Jacks Parcel Ownership Parcel ID: 00411040002 HARTLEY LAND, LLC Street# & Name: 9080 COLLIER BLVD 7742 ALICO RD Build# / Unit#: 011 / FORT MYERS, FL 33912 San Marino RPUD PL20210001766 Last Revised: November 5, 2021 Page 2 of 2 ' ' , www.waldropengineering.com Ell I (855) WALDROP IAIENGINEERING PLANNING I CIVIL ENGINEERING LANDSCAPE ARCHITECTURE ASSOCIATIONS List all registered Home Owner Association(s) that could be affected by this petition. Naples Heritage Golf and Country Club Property Owner Association 7890 Naples Heritage Drive, Naples, FL 34112 Naples Lakes Country Club 4784 Inverness Club Drive, Naples, FL 34112 Forest Glen Golf & Country Club - Bishopwood Ct. West 3962 Bishopwood Ct., Unit 201, Naples, FL 34114 Forest Glen Golf & Country Club - Bishop West One 3909 Loblolly Bay, Unit 202, Naples, FL 34114 Forest Glen Golf & Country Club - Bishopwood Court East Condo Association 3980 Bishopwood Court East, Unit 201, Naples, FL 34114 Forest Glen Golf and Country Club -- Barrington One Condominium Association 3880 Forest Glen Boulevard, Unit 201, Naples, FL 34114 San Marino RPUD PL20210001766 Last Revised: August 27, 2021 Page 1 of 1 SECTION 11. A DISTANCE OF 1,336.32 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 11; COURSE NO. 8: NORTH 00049'13" EAST, ALONG THE WEST LINE OF LAST SAID FRACTION, A DISTANCE OF 342.92 FEET; COURSE NO. 9: SOUTH 87°28'56" WEST, 1,235.95 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF COLLIER BOULEVARD (COUNTY ROAD 951): THENCE NORTH 00050'45" EAST, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 3,785.08 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 11. THENCE NORTH 88004'51' EAST, ALONG THE SOUTH LINE OF LAST SAID FRACTION, A DISTANCE OF 1,234.37 FEET TO THE SOUTHEAST CORNER OF LAST SAID FRACTION; THENCE NORTH 00°49'48" EAST} ALONG THE WEST LINE OF LAST SAID FRACTION, A DISTANCE OF 1,371.98 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 11, THE SAME BEING A POINT ON THE BOUNDARY OF AFORESAID FOREST GLEN OF NAPLES PLAT, THENCE RUN THE FOLLOWING TWO (2) COURSES ALONG THE BOUNDARY OF SAID PLAT; COURSE NO. 1: NORTH 88017'57" EAST, ALONG THE NORTH LINE OF LAST SAID FRACTION, A DISTANCE OF 1,333.82 FEET TO THE NORTH 1/4 CORNER OF SAID SECTION 11: COURSE NO.2: NORTH 88°17'50' EAST, ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 11. A DISTANCE OF 2,667.29 FEET TO THE POINT OF BEGINNING. CONTAINING 35,876,756 SQUARE FEET OR 823.617 ACRES, MORE OR LESS. of inn of 2014 0100 PL20210001766 Strike througl4 text is deleted San Marino RPUD Underline text is added Last Revised: April 1' ` 01-5 July 27. 2022 Page 42 of 42 SAN MARINO RPUD Planned Unit Development Amendment Application PRE -APPLICATION MEETING NOTES Planning + Landscape Architecture GZer 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 to PUD Rezone (PUDR) Date and Time: Thursday 7/29/21 at 9 : 00 AM - SKYPE Assigned Planner: Nancy Gundlach Engineering Manager (for PPL's and FP's): Project Information Project Name: San Marino -Willow Run (PUDR) PL#: 20210001766 see Addressing Checklist Property ID #: Current Zoning: PUD' s Project Address: City: Naples State: FL Zip: 34114 Applicant: Fred Drovdlic - Waldrop Engineering Agent Name: Fred Drovdlic 28100 Bonita Grande Agent/Firm Address: Phone: Dr,Ste 305, City: 239-319-0026 Bonita Springs FL 34135 State: tip: Property Owner: SD San Marino LLC & Winchester Land LLC Please provide the following, if applicable: Total Acreage: 794 + / - ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 1/12/2021 Page 1 1 of 5 Coer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.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 See- 1�174che 6 z r'44,+tL J' /T)4/ St" ✓u" R, e,17,,Pcg ii P1,2-6.t iL ;��-z-v 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(cDnaplescloy.com Allyson Holland AMHolland (oDnaplesgov.com Robin Singer RSinger(@naplesgov.com Erica Martin emartin(c�naplesgov.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: MoscaMichele Sent: Friday, July 30, 2021 1:01 PM To: ThomasClarkeVEN Cc: GundlachNancy; MedinaJosephine Subject: Pre -Application Meeting - PL20210001766-San Marino -Willow Run (PUDR) Hi Thomas, Please include the following GMP consistency review items in the pre -application meeting notes for the San Marino - Willow Run (PUDR). • Address project compliance with FLUE Policy 5.6 • Address project compliance with FLUE Objective 7 and Policies 7.1— 7.4 • Explain how PUD density will be derived (i.e., base density of Urban Residential Fringe (URF), TDR credits for URF, base density of Sending Lands, and Density Blending - as may be applicable) Note: Project must be consistent with FLUM designation for property. Respectfully, Michele R. Mosca, AICP Principal Planner Co Ter County Zoning Division/Community Planning Section 2800 N. Horseshoe Dr., Naples, FL 34104 Phone: (239) 252-2466 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: BrownCraig Sent: Thursday, July 29, 2021 11:11 AM To: ThomasClarkeVEN Subject: RE: Pre-App Research for PL20210001766- San Marino -Willow Run (PUDR) - Virtual Meeting on Thursday 7/29/21 at 9:00 AM Thomas, Here are my notes for this one. PUDR Please provide the following: Please provide Environmental Data: Please provide FLUCFCS aerial map of the subject property please include the invasive exotic plant percentage amounts and indicate which FLUCFCS are being considered Native Vegetation. Identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS), and provide a legend for each of the FLUCFCS Codes identified. Aerials and overlay information must be legible at the scale provided. Provide calculations for the acreage of native vegetation required to be retained on -site. In a separate report, demonstrate how the preserve selection criteria pursuant to 3.05.07 have been met. Where applicable, include in this report an aerial showing the project boundaries along with any undeveloped land, preserves, natural flowways or other natural land features, located on abutting properties. ( Updated data from both previously approved Environmental data sets) 2. Please provide a current Listed species survey, which should include listed plants for the subject property. Provide supporting exhibits (i.e. Panther zones ect.) be sure to include Black Bear ( was black bear Management addressed?) and Florida Bonneted Bat as part of the evaluation. Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Provide a survey for listed plants identified in 3.04.03 3. Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and ratios permitted to be created on -site or mitigated off -site. Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.05.07.E-D; 3.05.07.F; 3.05.07.H.1.d- e). (25% present preservation required.) 4. Please address how the proposed project is consistent with Conservation Coastal Management Element (CCME) Policy 6.1 and Objective 7.1. 5. Explain how the project meets or exceeds the native vegetation requirements and minimizes impacts to listed species as required in the CCME. (The preservation Requirement is 25%). 6. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. (If found onsite). 7. Demonstrate that the design of the proposed stormwater management system and analysis of water quality and quantity impacts fully incorporate the requirements of the Watershed Management regulations of 3.07.00. Please provide SFWMD/ ACOE written approvals. Check the boxes for FLUCFCS Map and Environmental Data. FEE $2500.00 thanks Craig Brown Senior Environmental Specialist Development Review Division (239) 252-2548. How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! From: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> Sent: Tuesday, July 27, 2021 4:22 PM To: AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>; Beard Laurie <Laurie.Beard@colliercountyfl.gov>; BrownCraig <Craig.Brown@ col liercountyfl.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>; Templeton Mark <Mark.Templeton@colliercountyfl.gov>; WilkieKirsten <Kirsten.Wilkie@colliercountyfl.gov> Cc: GundlachNancy <Nancy.Gundlach@colliercountyfl.gov>; YoungbloodAndrew <Andrew.Youngblood@colliercountyfl.gov> Subject: Pre-App Research for PL20210001766- San Marino -Willow Run (PUDR) - Virtual Meeting on Thursday 7/29/21 at 9:00 AM Good Afternoon All, Please review the attached Zoning Pre-App Research for PL20210001766- San Marino -Willow Run (PUDR). The virtual meeting is scheduled for Thursday 7/29/21 at 9:00 AM- via Join Skype Meeting Trouble Joining? Try Skype Web App Help Thank you, ThomasClarkeVEN From: FeyEric Sent: Thursday, July 29, 2021 9:49 AM To: ThomasClarkeVEN Subject: RE: Pre -Application Meeting - PL20210001766-San Marino -Willow Run (PUDR) Follow Up Flag: Follow up Flag Status: Completed PUBLIC UTILITIES: Existing PUD commitments can be eliminated. Design criteria already require water main looping. Respectfully, Eric Fey, P.E. Principal Project Manager CO ie,-r C014"ty 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 -----Original Appointment ----- From: CDS-C <CDS-C@colliercountyfl.gov> Sent: Tuesday, July 20, 2021 1:34 PM To: CDS-C; AlcornChris; Amy Lockhart -Taylor; AnthonyDavid; ArnoldMichelle; AshkarSally; AshtonHeidi; BeardLaurie; Beddow5har; Brad Jackson; BrownCraig; BullertBenjamin; CascioGeorge; CastroGabriela; ChachereKatherine; ChurchWilliam; ColeTabatha; CookJaime; CrotteauKathynell; Daniel Zunzunegui; David Ogilvie; DeleonOmar; FaulknerSue; FeyEric; FinnTimothy; ForesterDebrah; GewirtzStorm; GibbonsMichael; GiblinCormac; GosselinLiz; GrantKimberley; GundlachNancy; HumphriesAlicia; JacobLisa; JenkinsAnita; JohnHouldsworthVEN; JohnsonEric; KellyJohn; KurtzGerald; LauraDeJohnVEN; LevyMichael; LintzSean; LulichPamela; Lynch Diane; MargaritaAcevedoVEN; MastrobertoThomas; McKennaJack; McLeanMatthew; MedinaJosephine; MoscaMichele; MoxamAnnis; NawrockiStefanie; NicholsonJoanna; NuteMelissa; OrthRichard; PadronAilyn; PajerCraig; PattersonAmy; PerryDerek; PochmaraNatalie; PollarclBrandi; RodriguezWanda; RoeDavid; RosenblumBrett; Sabolames; Saieva Charity; SantabarbaraGino; SawyerMichael; SchmidtCorby; ScottTami; Sean Lintz; Shar Beddow; ShawinskyPeter; Shawn Hanson; SheaBarbara; ShowalterAlexander; SimmonsLinda; StrainMark; SweetChad; TempletonMark; ThomasClarkeVEN; VargaCecilia; WalshJonathan; WilkieKirsten; WilloughbyChristine; ZunzuneguiDaniel Cc: Fred Drovdlic Subject: Pre -Application Meeting - PL20210001766-San Marino -Willow Run (PUDR) When: Thursday, July 29, 2021 9:00 AM-10:00 AM (UTC-05:00) Eastern Time (US & Canada). Where: Via Teleconference/Skype - GMD Conference Room C - Planner: Nancy Gunlach BRIDGE NUMBER TO CALL FOR MEETING 239-252-7167 ACCESS CODE - 111111 '46.1e. ,�.C_ ThomasClarkeVEN From: TempletonMark Sent: Thursday, July 29, 2021 9:38 AM To: ThomasClarkeVEN Subject: RE: Pre-App Research for PL20210001766- San Marino -Willow Run (PUDR) - Virtual Meeting on Thursday 7/29/21 at 9:00 AM Hi Thomas, Below is my comment for this pre-app: Landscape: Label perimeter landscape buffers on the updated master plan. It appears that deviation 4 in the Willow Run PUD will need to be edited to remove the 2"d half of that deviation since it is in regards to the San Marino PUD which will no longer be a separate PUD. Respectfully, Mark Templeton, RLA Principal Planner/Landscape Review Co 1e7'' C 014"ty 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@colliercountyfl.gov> Sent: Tuesday, July 27, 20214:22 PM To: AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>; Beard Laurie <Laurie.Beard@colliercountyfl.gov>; BrownCraig <Craig.Brown @colIiercountyfl.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> Cc: GundlachNancy <Nancy.Gundlach@colliercountyfl.gov>; YoungbloodAndrew <Andrew.Youngblood@coIIiercountyfl.gov> Subject: Pre-App Research for PL20210001766- San Marino -Willow Run (PUDR) - Virtual Meeting on Thursday 7/29/21 at 9:00 AM Cottier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 Meeting Notes %5IT�c'h�nr�o11L 3 . A v,�� i mot,. r c PITc" 3: �3. i — 3•►g, 3 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: SawyerMichael Sent: Thursday, July 29, 2021 9:31 AM To: ThomasClarkeVEN; GundlachNancy Subject: San Marion Willow Run PUD's pre app 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 GIMP. Provide both ITE and SIC use codes in the TIS. Provide trip limit based on TIS using standard language: "The maximum total daily trip generation for the PUD shall not exceed two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval." Also provide interconnection commitment using standard language: 'Vehicular and Pedestrian interconnection will be provided to the to allow access to all connection points with , consistent with the conceptual PUD Master Plan, . The final location of the access point will be coordinated with the adjacent property owner and a cross -access easement, or an access easement to the public for public use without responsibility of maintenance by Collier County, will be provided at time of the first Site Development Plan or Plat. The connection and supporting infrastructure will be constructed to the property line by the developer or successors or assigns prior to the first Certificate of Occupancy. The interconnections shall remain open to the public." Note the current level of entitlements (unit counts) provided by current PUD's and combined -address previous commitments with applicable updates. If additional scenario's are proposed regarding unit type please provide noting retention of current level of entitlement. Regarding current full opening on 951; outline project phasing, signal warrants -fair share commitment, turn -lanes and address safety concerns -proposed methods to address. Respectfully, Michael Sawyer Principal Planner Growth Management Department Transportation Planning 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 239-252-2926 michael.sawyer(iDcolliercountyfl.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. 1 4V 6 ,a �S. 4-. ThomasClarkeVEN From: Beard Laurie Sent: Thursday, July 29, 2021 9:13 AM To: GundlachNancy Cc: ThomasClarkeVEN Subject: Pre -Application Meeting - PL20210001766-San Marino -Willow Run (PUDR) Attachments: Transportation-PUD monitoring pre app handout 2020.docx Follow Up Flag: Follow up Flag Status: Completed See attached notes. Laurie Beard Project Manager Please note new address: PUD Monitoring, GMD 2800 N. Horseshoe Drive Naples, FL 34104 Laurie. Beard cDCollierCountvFL.aov Phone: (239)-252-5782 cOww N V A.JOOO A; 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 ?4-&.g? _s 8 1 . Transportation Planning and PUD Monitoring Pre-App Notes Developer Commitments: Transportation Planning " The maximum total daily trip generation for the PUD shall not exceed two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval." Use Codes Provide both ITE and SIC use codes in the TIS. PUD Monitoring "One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this CPUD approval, the Managing Entity is the Insert Company Name Here. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the CPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments." Miscellaneous "Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development." Comer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Pre -Application Meeting Sign -In Sheet PL# 20210001766 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 .,/ U�f' Laurie Beard PUD Monitoring 252-5782 1 laurie.beard@colliercountyfl.gov ❑ Craig Brown Environmental Specialist 252-2548 craig.brown@colliercountyfl.gov ❑ Alexandra Casanova Operations Coordinator 252-2658 Alexandra.casanova@colliercountyfl.gov Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov 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 DeMeo ❑, North Collier Fire 252-2308 pdemeo@northcollierfire.com (Maggie Ind' Eric Fey, P.E. Utility Planning 252-1037 eric.fey@colliercountyfl.gov ❑ Tim Finn, AICP Zoning Principal Planner 252-4312 timothy.finn @colliercountyfLgov ❑ Sue Faulkner Comprehensive Planning 252-5715 sue.faulkner@colliercountyfl.gov ❑ Jeremy Frantz LDC Manager 252-2305 Jeremy. Frantz@colliercountyfLgov ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov ❑ Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm.gewirtz@colliercountyfl.gov I' Cormac Giblin, AICP Development Review -Planning Manager 252-5095 Cormac.giblin@colliercountyfl.gov 1-o"'Nancy Gundlach, AICP Zoning Principal Planner 252-2484 nancy.gundlach@colliercountyfl.gov ❑ Richard Henderlong Zoning Principal Planner 252-2464 rchard.henderlong@colliercountyfl.gov ❑ John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humph ries@colliercountyfLgov ❑ 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 Blintz@northcollierfire.com ❑ Diane Lynch Operations Analyst 252-8243 diane.lynch@colliercountyfl.gov ❑ Thomas Mastroberto Greater Naples Fire 252-7348 thomas.mastroberto@colliercountyfl.gov Updated 1/12/2021 Page 1 4 of 5 Co*;r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 ❑ Jack McKenna, P.E. Engineering Services 252-2911 jack. mckenna@colliercountyfLgov ❑ Matt McLean, P.E. Development Review Director 252-8279 matthew.mclean@colliercountyfl.gov Michele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov ❑ Annis Moxam Addressing 252-5519 annis.moxam@colliercountyfl.gov ❑ Richard Orth Stormwater Planning 252-5092 richard.orth@colliercountyfl.gov ❑ Brandy Otero Transit 252-5859 brandy.otero@colliercountyfl.gov Derek Perry Assistant County Attorney 252-8066 Derek. perry@colliercountyfLgov ❑ Brandi Pollard Utility Impact fees 252-6237 bra ndi.pollard@ col IiercountyfLgov ❑ 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 L.d' 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 - Zoning 252-5748 christine.willoughby@colliercountyfl.gov ❑ Daniel Zunzunegui North Collier Fire 252-2310 Daniel.Zunzunegui@colliercountyfl.gov Additional Attendee Contact Information: Name Representing Phone Email .�i,� o Lie, A--U 2 '3 i q -Lie, (h YOv'4AA, C. - •'� 'r ` ,Z� G � '#'�s�,t LLB .- yr �.�,nc twj'd� ,? N Updated 1/12/2021 Page 1 5 of 5 61 AAAQkL4 "'-- c c. . Co ier County Growth Management Department Zoning Division Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. PL20210001766 — San Marino -Willow Run(PUDR) Planner- Nancy Gundlach PRE-APP Assigned Ops Staff: Thomas Clarke STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre-app request Fred Drovdlic, AICP 239-318-6707 Fred.Drovdlic@waldropengineering.com • Agent to list for PL# APPLICANT: Stock Development AGENT: Fred Drovdlic, AICP Waldrop Engineering 28100 Bonita Grande Drive, Suite 305, Bonita Springs, FL 3413 • Owner of property (all owners for all parcels) San Marino RPUD Parcels Parcel ID: 00410840009 Street# & Name: 9480 COLLIER BLVD Build# / Unit#: 006 / Parcel ID: 00410640005 Street# & Name: Build# / Unit#: 001 / Parcel ID: 00410880001 Street# & Name: Build# / Unit#: 007 / Parcel ID: 00410960002 Street# & Name: Build# / Unit#: 009 / Parcel ID: 00411200004 Street# & Name: Build# / Unit#: 015 / Parcel ID: 00411240006 Street# & Name: Build# / Unit#: 016 / Parcel ID: 00411320007 Street# & Name: Build# / Unit#: 018 / Parcel ID: 00411440000 Street# & Name: Build# / Unit#: 022 / Parcel ID: 00411640004 Street# & Name: Build# / Unit#: 027 / SD SAN MARINO LLC MGR: STOCK, BRIAN K 2639 PROFESSIONAL CIR #101 NAPLES, FL 34119 Zoring DMsion - 2800 North Horseshoe Drive • Naples, Florida 34104. 239-252-2400 - www.c-diergov.net Parcel ID: 00410760008 Street# & Name: 9300 MARINO CIR Build# / Unit#: 004 / Willow Run RPUD Parcels Parcel ID: 00411800006 Street# & Name: 9220 COLLIER BLVD Build# / Unit#: 032 / Parcel ID: 00412240005 Street# & Name: Build# / Unit#: 008 / Parcel ID: 004143 20004 Street# & Name: Build# / Unit#: 011 / Parcel ID: 00417120007 Street# & Name: Build# / Unit#: 012 / 1 Parcel ID: 00411120003 Street# & Name: Build# / Unit#: 013 / Parcel ID: 00411160005 Street# & Name: Build# / Unit#: 014 / Parcel ID: 00412520000 Street# & Name: Build# / Unit#: 015 / Parcel ID: 004113 60009 Street# & Name: Build# / Unit#: 020 / Parcel ID: 00411400008 Street# & Name: Build# / Unit#: 021 / Parcel ID: 00417680000 Street# & Name: Build# / Unit#: 029 / Parcel ID: 00417040006 Street# & Name: Build# / Unit#: 011 / Parcel ID: 00410920000 Street# & Name: Build# / Unit#: • Confirm Purpose of Pre-App: (Rezone, etc.) ADVENIRka AVENTINE LLC 17501 BISCAYNE BLVD STE 300 AVENTURA, FL 33160 WINCHESTER LAND LLC 100 N TAMPA STREET STE 3700 TAMPA, FL 33602 Rezoning the San Marino RPUD and the Willow Run RPUD by merging the San Marino RPUD into Willow Run. Zoning Division • 2800 North Horseshoe Drive • Naples, Florida 34104. 239-252-2400 • mm.cdkergovnet Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): 1,240 dwelling units broken down as follows: 350 existing in Advenir Apartments; 590 single-family and 300 multi -family. The original San Marino zoning allowed for 650 units and Willow Run 590. We intend to use the Willow Run Development Parameters and combine all formerly approved deviations. • Details about Project: Propose one access onto Collier Boulevard at the Willow Run entrance. Will request to use base units prior to using bonus density. REQUIRED Supplemental Information provided by: Name: Fred Drovdlic, AICP Title: Planning Manager — Fort Myers Office, Waldrop Engineering Email: Fred.Drovdlic@waldropengineering.com Phone: 239-318-6707 Cancellation/Reschedule Requests: Contact Danny Condomina-Client Services Supervisor danny.condomina@colliercountyfl Phone: 239-252-6866 Created April 5, 2017 Location: K:\CDES Planning Services\Current\Zoning Staff Information Zoning Division • 2800 North Horseshoe Drive • Naples, Florida 34104.239-252-2400 • mwvv colliergov.net Codie' r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (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 0 c CIL,CIILd1.{C UI JUCn IfUt2fCSL: Name and Address I % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the ercentaRe oT stocK owned ov eacn: I Name and Address I % of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership Created 9/28/2017 Page 1 of 3 Coajer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 f !? If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the 9 CI ICIdI ciIIU/UI IIIIIILCU IJdILIIeIS: 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 Es 11IL,e1s, S)LUCKnUIUers, Ueneticiarles, or partners: Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or of Date subject property acquired ❑ Leased: Term of lease , UI LIuJL. Name and Address years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Cotbeo r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Date of option: Date option terminates: Anticipated closing date: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 [oil 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 Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 Final Submittal Requirement Checklist for: P D Rezone- Ch. 3 G. 1 of the Administrative Code mendment to PUD- Ch. 3 G. 2 of the Administrative Code (D41LID to PUD Rezone- Ch. 3 G. 1 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountvfl.gov/Home/ShowDocument?id=76983. REQUIREMENTS # OF 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 boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 El Statement of Utility Provisions 1 ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 [r ❑ 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 CO ;,t,Q� .f ; A4 f- Ste^ I L 1 ❑ Historical Survey 1 ❑ School Impact Analysis Application, if applicable 1 ❑ Electronic copy of all required documents 1 ❑ Completed Exhibits A-F (see below for additional information)' ❑ ❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ ❑ Checklist continues on next page March 4, 2020 Page 9 of 11 Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.col I ie rcou nty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 I Revised Conceptual Master Site Plan 24" x 36"and One 8 %" x 11" copy ❑V ❑ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ ry IK� ❑ Revised PUD document with changes crossed thru & underli ed 1Ey 1 ❑ Copy of Official Interpretation and/or Zoning Verificz tion-1 ❑ 1 ❑ *If located in Immokalee or seeking affordable housing, include an addi io al set of each submittal requi ement 'The following exhibits are to be completed on a separate document and ttAc �Il"!'��ppli�catib�i_p�9JP Y u �f t. ❑ 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 FITUtilities Engineering: Eric Fey Parks and Recreation: Barry Williams (Director) Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: on Singer, Planning Director ❑ Other: ❑I City of Naples Utilities I ❑ Other: I ASSOCIATED FEES FOR APPLICATION I V Pre -Application Meeting: $500.00 PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre V/P�UD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre ❑ BUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre ;/comprehensive Planning Consistency Review: $2,250.00 CY 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: r 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*er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Legal A vertising Fees: �VCC: PC: $1,125.00 $500.00 Schocurrency Fee, if applicable: :Z"Ivlgation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5' and subsequent re -submittal will be accessed at 20% of the original fee. Signature of Petitioner or Agent Date Printed named of signing party March 4, 2020 Page 11 of 11 SAN MARINO RPUD Planned Unit Development Amendment Application AFFIDAVITS OF AUTHORIZATION, DISCLOSURE AND UNIFIED CONTROL Planning + Landscape Architecture AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20210001766 1 Keith Gelder (print name), as Managing Member (title, if applicable) of sD San Marine, LLC (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 Waldrop Engineering/Atwell/RVi (Fred Drovdlic & Alexis Crespo); Rich Yovanovich 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.it are trr Signature Date STATE OF FLORIDA COUNTY OF COLLIER e foregoing 'nstrument as acknowleged before me by means of physical presence or M online notarization this day of 20 21 , by (printed name of owner or qualifier)Cl Such person(s) Notary Public must check applicable box: El Are personally known to me Has produced a current drivers license P•'.. 'sue JUDITH M SEALE Notary Putatfc-'State of Florida 0 Has produced as identification. "` Commission X HH 046411 q 4 - My Comm. Expires Sep 28, 2024 Notary Signature: J Bonded through National Notary Assn. CP\08-COA-00115\155 REV 3/4/2020 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20210001766 1 DAVID TORRES (print name), as Managing Member (title, If applicable) of Hartley Land, LLC (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 workiltg 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. 55. We/I authorize RVi Planning + Landscape Architecture (Fred Drovdlic & Alexis Crespo); Rich Yovanovich 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�trru- edeclare that I have read the foregoing Affidavit of Authorization and that the facts stated in it Date STATE OF FLORID COUNTY OF COL Th� foregoing I strument was acknowleged before me by means of physical presence or ❑i online notarization this 2A day of 20 22 , by (printed name of owner or qualifier) UQ,il - t.p {TB.S Such person(s) Notary Public must check applicable box: M Are personally known to me Has produced a current drivers license Notary Sea Has produced as identification. �x r Natsry Public stein of FlOtide BIKUP Notary Signature: �� L i , i DSO ;4 1,Ay Crhanite a GG 94 fViy Commission G(3 946458 l ad Exprtes 01121/2024 CP\08-COA-00115\155 REV 3/4/2020 '07 r'..at�Xty 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 San Marino, Willow Run, Lido Isles and Parcel 00411040002 Access undetermined, 9300 MARINO CIR and 9480, 9220, 9198, 9080 COLLIER BLVD (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_KeithGelder _ , 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.,, SD San Marino, LLC Owner Keith Gelder Printed Name Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing ins rument was acknowleged before me by means of Elphysical presence oroonline notarization this L day of M 14 /I? , 20 21 by (printed name of owner or qualifier) Keith Gelder Such person(s) Notary Public must check applicable box: FAre personally known to me []Has produced a current drivers license .:�tp'u •., CATHERINE MARIE TRUCRSeSS []Has produced �y as identification. Notary Public - State of Florida "o`t Cnmmissioh *HH 133614 of My Comm. Expires Jan 26. 2025 Notary Signature: Bonded through National hotar.4 Assn. March 4, 2020 Page 8 of 11 LEGAL DESCRIPTION BEING A PARCEL OF LAND LYING IN SECTIONS 11, 12, 13, AND 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF FOREST GLEN OF NAPLES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 31, PAGES 94 THROUGH 103 (INCLUSIVE) OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING THE NORTHEAST CORNER OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 00°45' 13" WEST, ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 11, A DISTANCE OF 1,356.42 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST, SAID COLLIER COUNTY, FLORIDA; THENCE NORTH 87°47'32" EAST, ALONG THE NORTH LINE OF SAID FRACTION, A DISTANCE OF 1,318.80 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE SOUTH 00°40'50" WEST, ALONG THE EAST LINE OF SAID FRACTION, A DISTANCE OF 1,353.60 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 12; THENCE SOUTH 00°42'14" WEST, ALONG THE EAST LINE OF LAST SAID FRACTION, A DISTANCE OF 2,707.26 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST, SAID COLLIER COUNTY, FLORIDA; THENCE SOUTH 00039'29" WEST, ALONG LAST SAID FRACTION, A DISTANCE OF 1,345.37 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE SOUTH 87°30'06" WEST, ALONG LAST SAID FRACTION, A DISTANCE OF 824.11 FEET TO A POINT ON THE BOUNDARY OF HACIENDA LAKES OF NAPLES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 55, PAGES 10 THROUGH 21 (INCLUSIVE) OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY, FLORIDA; THENCE RUN THE FOLLOWING NINE (9) COURSES ALONG THE BOUNDARY OF SAID PLAT; COURSE NO. 1: CONTINUE SOUTH 87°30'06" WEST, ALONG THE SOUTH LINE OF LAST SAID FRACTION, A DISTANCE OF 504.61 FEET TO THE SOUTHWEST CORNER LAST SAID FRACTION, THE SAME BEING THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, SAID COLLIER COUNTY, FLORIDA; COURSE NO. 2: SOUTH 87°28'42" WEST, ALONG THE SOUTH LINE OF LAST SAID FRACTION, A DISTANCE OF 1,336.55 FEET; COURSE NO. 3: NORTH 00°47'14" EAST, 671.39 FEET; COURSE NO. 4: SOUTH 87°27'14" WEST, 668.22 FEET; COURSE NO. 5: NORTH 00°47'37" EAST, 671.11 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 11; COURSE NO. 6: SOUTH 87°25'45" WEST, ALONG THE SOUTH LINE OF SAID SECTION 11, A DISTANCE OF 668.16 FEET TO THE SOUTH 1/4 CORNER OF SAID SECTION 11, ALSO BEING THE NORTH 1/4 CORNER OF SAID SECTION 14; COURSE NO. 7: CONTINUE SOUTH 87025'45" WEST, ALONG THE SOUTH LINE OF SAID SECTION 11, A DISTANCE OF 1,336.32 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 11; COURSE NO. 8: NORTH 00'49'13" EAST, ALONG THE WEST LINE OF LAST SAID FRACTION, A DISTANCE OF 342.92 FEET; COURSE NO. 9: SOUTH 87°28'56" WEST, 1,235.95 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF COLLIER BOULEVARD (COUNTY ROAD 951); THENCE NORTH 00°50'45" EAST, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 3,785.08 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 11, THENCE NORTH 88°04'51' EAST, ALONG THE SOUTH LINE OF LAST SAID FRACTION, A DISTANCE OF 1,234.37 FEET TO THE SOUTHEAST CORNER OF LAST SAID FRACTION; THENCE NORTH 00°49'48" EAST, ALONG THE WEST LINE OF LAST SAID FRACTION, A DISTANCE OF 1,371.98 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 11, THE SAME BEING A POINT ON THE BOUNDARY OF AFORESAID FOREST GLEN OF NAPLES PLAT; THENCE RUN THE FOLLOWING TWO (2) COURSES ALONG THE BOUNDARY OF SAID PLAT; COURSE NO. 1: NORTH 88° 17'57" EAST, ALONG THE NORTH LINE OF LAST SAID FRACTION, A DISTANCE OF 1,333.82 FEET TO THE NORTH 1/4 CORNER OF SAID SECTION 11; COURSE NO. 2: NORTH 88°17'50' EAST, ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 11, A DISTANCE OF 2,667.29 FEET TO THE POINT OF BEGINNING. CONTAINING 35,876,756 SQUARE FEET OR 823.617 ACRES, MORE OR LESS. Coif ier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 'ROPFRTY 01niniERCNia DISCLOc-1 iRF FnRnn 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 % of Ownership SD San Marino, LLC: 2639 PROFESSIONAL CIR #101 NAPLES, FL 34119 100% STOCK, BRIAN K 100% If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address I % of Ownership Created 9/28/2017 Page 1 of 3 Coif ier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: e f [- Name and Address I % 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 'I I IL.CI J, a L U L.RI IUIUIn J, UCI ICI luau ICJ, UI f CII LI ICI J. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Date subject property acquired ❑ Leased: Term of lease Name and Address years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Coif ier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Date of option: 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 Fred Drovdlic, AICP Agent/Owner Name (please print) 2020-02-10 Date Created 9/28/2017 Page 3 of 3 Coif ier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 'ROPFRTY 01niniERCNia DISCLOc-1 iRF FnRnn 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 % of Ownership SD San Marino, LLC: 2639 PROFESSIONAL CIR #101 NAPLES, FL 34119 100% STOCK, BRIAN K 100% If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address I % of Ownership Created 9/28/2017 Page 1 of 3 Coif ier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: e f [- Name and Address I % 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 'I I IL.CI J, a L U L.RI IUIUIn J, UCI ICI luau ICJ, UI f CII LI ICI J. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Date subject property acquired ❑ Leased: Term of lease Name and Address years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Coif ier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Date of option: 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 Fred Drovdlic, AICP Agent/Owner Name (please print) 2020-02-10 Date Created 9/28/2017 Page 3 of 3 SAN MARINO RPUD Planned Unit Development Amendment Application DEVIATIONS AND JUSTIFICATIONS Planning + Landscape Architecture SAN MARINO RPUD Justification for Requested Deviations 1. Deviation (1) from LDC Section 2.03.07.D.4.g, which requires TDR credits to be redeemed at a rate proportional to percentage of the PUD approved gross density that is derived through TDR credits and TDR Bonus credits, to allow for use of the PUD's base density prior to the redemption of TDR credits. Justification: This deviation was approved for the RPUD per Ordinance 2015-30. 2. Deviation (2) from LDC Section 6.06.02.A.2, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks which are internal to the development to be constructed on both sides of local streets, to allow a 6'-wide sidewalk on one side of the street only for streets with homes on one side of the street, and to allow a 6'-wide sidewalk on one side of the main entry road. One canopy tree (or canopy tree equivalent shall be provided per 30 linear feet of sidewalk. Canopy trees located within 10 feet of the sidewalk may count towards a sidewalk canopy tree. Justification: This deviation was approved for the RPUD per Ordinance 2015-30. 3. Deviation (3) from LDC Section 6.06.01.N, Street System Requirements and Appendix B, Typical Street Sections and Right -of -Way Design Standards, which establishes a 60 foot wide local road, to allow a minimum 4050 foot wide local road for internal rights -of -way (see Exhibit A). Justification: This deviation was approved for the RPUD per Ordinance 2015-30 and is still applicable to the proposed project. However, the requested reduction has been modified for consistency with current CCWSD Design Criteria. 4. Deviation (4) from LDC Section 5.03.02.C, Fences and Walls, Excluding Sound Walls, which permits a maximum wall height of 6 feet in residential zoning districts. The requested deviation is to allow a maximum wall height of 8 feet throughout the development, and a 12-foot tall wall, berm or combination wall/berm along Collier Blvd. frontage, the western boundary of Parcel B and the northern boundary of Parcel B where residential tracts abut Forest Glen of Naples PUD. Justification: This deviation is approved for the RPUD per Ordinance 2015-30, however, it is requested to increase the deviation where residential tracts abut Forest Glen from an 8-foot tall wall to a 12-foot tall wall and/or berm to allow for additional visual screening where an established residential neighborhood abuts the property. Approval of this deviation will serve to promote public health, safety and welfare, as well as enhance the aesthetic appeal of the proposed community. 5. Deviation (5) from LDC Section 5.04.04.B.5, Model Homes and Model Sales Centers, which permits a maximum of five (5) model homes, or a number corresponding to ten (10) percent of the total number of platted lots, whichever is less, per platted approved development prior to final plat approval. The requested deviation is to allow for a maximum of 30 model homes at any one time per deVeloomen+ +rar+ not to evreerd 17 monde' homes within the overall RPUD. As part of the applina+ion material for every building permit for a model home the developer shall provide dGGUmeRtat!GR statiRg hew maRy model hemes are on exiSteRGe_ so that the maximum of 17 model homes is no+ evreerderd. With each building permit for a model home, the applicant shall provide documentation as to the current number of model homes in existence. Justification: The deviation for model homes was approved for the San Marino RPUD per Ordinance 2015-30 allowing 17 model homes. A similar deviation was approved in the Willow Run RPUD (Deviation #6) per Ordinance 2014-35 to allow up to 20 model homes. The combined PUD is requesting a reduction from the previously approved model homes quantity from 37 to 30 units. 6. Deviation (6) seeks relief from LDC Section 5.04.06.A.3.e, Temporary Signs, which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height}. The requested !de„ia+i.,r, is to allow a temporary sign or banner up to a maximum of 32 square feet in area and a maximum of 8 feet in height. The temporary sign or banner shall be limited to 28 days per calendar year. Justification: This deviation is approved for the RPUD per Ordinance 2015-30. 7. Deviation (7) seeks relief from LDC Section 5.06.02.B.6, Development Standards for Signs. which permits two (2) ground signs per entrance to the development with a maximum height of 8' and total sign area of 64 s.f. The requested deviation is to allow for two (2) ground signs per project entrance with a maximum height of 10' and total sign area of 80 s.f. per sign. Justification: This deviation is approved for the RPUD per Ordinance 2015-30. 8. Deviation (8) seeks relief from LDC Section 4.06.02.C, Buffer Requirements, which requires a fifteen -foot (15') Type "B" landscape buffer where single-family residential uses are proposed adjacent to multi -family residential uses, to allow a ten feet (10') Type <buffer where proposed single family dwellings in the San Marine RPUD are adjaGent t proposed single family dwelliRgs are adjaGeRt te MUlti family dwel'!RgS 'R AventiRe at Naples to the h. no landscape buffer along the western residential tract adjacent to the Parcel A preserves and FP&L easement. Justification: This deviation is limited to internal buffers between Parcel A and Parcel B and allows for no buffer where existing vegetation exists within Parcel A preserves. The FP&L easement is located adjacent to the preserve area associated with the Advenir at Aventine apartments. The width of the preserve area ranges from approximately 380 feet to approximately 650 feet wide, with only a small portion on the northern end of the preserve reducing to less than 100 feet wide. The preserve area contains robust vegetation and provides sufficient visual buffer between the single-family and multi -family uses. As a result, the requested deviation will not negatively impact public health, safety or welfare. Justification for Requested Deviations San Marino RPUD I \I Page 2 of 8 9. Deviation (9) seeks relief from LDC Section 4.06.02., Buffer Requirements, which requires landscape buffers to separate developments, to allow for no buffer along the southern property boundary in either or both of the following circumstances: 1) West of the FPL easement if the Hacienda Lakes PUD is rezoned or amended to allow for a unified development plan of a portion of the Hacienda North PUD property immediately to the south of Parcel C prior to approval of an SDP or PPL: 2) East of the FPL easement if the Hacienda Lakes PUD is rezoned to allow for no adjacent buffer or records an agreement demonstratina a shared desire for no buffer between developments, as depicted on the PUD Master Plan, attached hereto. Justification: The Applicant is requesting no required buffer along the southern property line to accommodate two different development scenarios. WEST OF THE FPL EASEMENT, this scenario allows for the unified development of both properties. This will require the Hacienda Lakes PUD to be amended to allow for a unified development plan of both properties. Future SDP or PPL submittals will be required to demonstrate this unified development. If the Hacienda Lakes PUD is not amended and developed as a unified development, buffers will be provided as required by this MPUD and the LDC, as applicable. EAST OF THE FPL EASEMENT, this scenario allows for the coordinated development of two separate PUDs. While it is not intended to develop these properties under a single, unified development plan, development of the properties will be coordinated to allow for the existing lakefront in the adjacent development to be expanded to the Hacienda Lakes MPUD's northern boundary. As a result, the request facilitates the creation of lake views for properties within the Hacienda Lakes MPUD. Although a unified development plan is not proposed in this area, the coordination of these two developments is evidenced by a similar deviation request in the Hacienda Lakes — North Area PUDA (PL20210001791). Since a unified development plan is not proposed in this area, an agreement will be required prior to approval of an SDP or PPL. The proposed agreement will demonstrate the shared desire to include no buffer between the two developments. LDC Section 4.06.02.A describes the purpose of required buffers as separating residential developments from several other uses. The deviation supports this goal in the area west of the FPL easement since it facilitates the development of a unified development plan, within which, internal buffers would not be desired. Buffers will be provided in accordance with the LDC wherever this unified development plan abuts other uses. East of the FPL easement, the deviation allows for the creation of unobstructed lake views for properties within the San Marino and Hacienda Lakes PUDs. The lake ensures a separation of approximately 900 feet or more between the residential areas in each PUD. This lake view, and the significant distance between dwellings, is an enhancement over the LDC buffer requirements. The unobstructed lake views will serve the same purposes of improving the aesthetic appearance of developments in ways that harmonize the natural and built environment, reduces noise and glare, and enhances community identity, while also maximizing the physical and psychological benefits provided by the lakefront. Since both PUDs propose high -quality residential development, there are no visual aspects of the developments which must be shielded from view. Justification for Requested Deviations 13VI San Marino RPUD Page 3 of 8 In addition to maintaining the intent of the Landscape Code, this deviation maximizes the use and benefit of nearby open space amenity by not shielding properties along the northern boundary from the adjacent lakefront. For these reasons, the requested deviation will not have a detrimental effect on the public health, safety or welfare. 10. Deviation (10) from LDC Section 5.06.02.B.2. Development Standards for Signs within Residential Districts, which permits one (1) real estate sign per street frontage that is setback a minimum of 10' from any property line, to allow for a maximum of one (1) real estate sign per street frontage setback a minimum of 5' from the property line abutting the canal along Collier Blvd. only. Justification: This deviation is approved for the Willow Run RPUD per Ordinance 2014-35 as Deviation #8. 11. Deviation (11) from LDC Section 5.06.02.B.5.a. On -premises Directional Signs within Residential Districts, which requires on -premises directional signs to be setback a minimum of 10' from the edge of the roadway, paved surface or back of curb, to allow for on -premises direction sianaae to be setback a minimum of 5' from the edge of the roadway, paved surface or back of curb. This deviation does not apply to sianaae adjacent to Collier Blvd. Justification: This deviation is approved for the Willow Run RPUD per Ordinance 2014-35 as Deviation #9. 12. Deviation (12) from LDC Section 6.06.01.J. Street System Requirements, which limits cul-de- sacs to a maximum length of 1.000 feet, to permit cul-de-sacs to exceed 3.500 feet in length with placement of no through traffic sianaae and creation of one emergency vehicle turnaround approximately 1.500 feet from the beginning of the cul-de-sac. Justification: This deviation is approved for the Willow Run RPUD per Ordinance 2014-35 as Deviation #3. 13. Deviation (13) from LDC Section 6.06.01.J. which requires cul-de-sacs at the end of a dead- end street, to allow for a hammerhead at the end of the terminus street. Justification: The Applicant is requesting a hammerhead stub at the end of the private street as shown on the PUD Master Plan. The purpose of the hammerhead stub is to efficiently utilize the properties developable area, while providing a design that is in compliance with state and local fire safety standards. Therefore, the requested deviation will not negatively impact public health, safety or welfare and will provide for design flexibility within this infill development parcel. 14. Deviation (14) from LDC Section 3.05.07 A.S. which requires preservation areas to be interconnected within the site and to adjoining off -site preservation areas or wildlife corridors: to allow the preserve areas between parcels to not be interconnected and located consistent with the Master Site Plan. ■ Justification for Requested Deviations 13V 1 San Marino RPUD Page 4 of 8 Justification: The preserve areas on the Master Site Plan have been previously approved in the San Marino PUD and Willow Run PUD. The San Marino PUD included parcel A which has been developed as the Advenir Apartments with the preserve areas consistent with these approvals. The San Marino PUD amendment proposed in this rezoning does not seek to alter any development parameters concerning parcel A. Similarly, the preserve area in Parcel B on the proposed Master Site Plan is consistent with the preserve area approved in the Willow Run PUD. This preserve area significantly interconnects with the natural areas to the east. 15. Deviation (15) from LDC Section 4.05.04.G, Parking Space Requirements, where small-scale recreation facilities are accessory to a single-family or multifamily project and intended only for the residents of that project the recreation facilities may be computed at 50 percent of normal requirements of 1 space per 200 feet, to allow the parking requirements for all structures/uses in the amenity center area, such as the office / lobby / health club / clubhouse / lounge / snack bar / dining / meeting roomto also be computed at 50 percent of the normal parking requirements. Justification: The LDC allows for the recreational uses such as swimming pools, tennis, pickle ball and basketball courts, and the like, that are located in the amenity area, to be calculated at 50% of the parking requirement. In addition to that standard reduction in parking requirements the applicant is requesting the office / lobby / health club / clubhouse / lounge / snack bar / dining / meeting rooms that are part of the amenity area also be calculated at 50% of the parking requirements. The Darkina reduction is iustified by these reasons: 1. The proposed amenity site is intended only for the residents of the development and is oriented central to the entrance of the overall San Marino RPUD. 2. The development does not include the parking intensive use of a golf course, thereby reducing parking demand typically associated with club houses and restaurants internal to the club house. 3. The clustered nature of the development and the design of the community will limit reliance on vehicles to travel to the amenity site traffic through a well - formed internal sidewalk and trails system designed for safety and to encourage pedestrian and bicycle access, and anticipated golf cart use. 4. The eastern "half" of the development is dedicated to preserve and lake areas resulting in clustered development footprint that fits common definitions of a walkable community for most dwelling units. Commonly accepted planning, transportation, and public advocacy groups definitions of walkable communities include distances from a 1/4 mile up to a '/z mile radius, or a 10- minute walk. For most residents the amenity center uses are walkable within a 1/2 mile radius reducing the need for automobile parking at the amenity center. See radius exhibit and the discussion on walkable community below. Justification for Requested Deviations San Marino RPUD Page 5 of 8 WALKABLE COMMUNITY There are two principal definitions for walkable communities: (a) The first is commonly referred to as the Standard Pedestrian Shed, which is defined as a 5-minute walk or'/4 mile or 1,320 feet. (b) The second has been called the Long Pedestrian Shed or'/z mile radius or 2640 feet and a 10-minute walk, which has been used by transit -oriented development standards for access to work and play and by jurisdictions and advocacy groups to be the standard for access to recreational facilities such as parks and open space. Below is a'/2 mile radius exhibit based on the PUD Master Plan showing a majority of proposed residential areas within the 10 minute walk area. A ' 1 I J_ J_ 1 1 -L J_ 71 W J F J_ __ 1 1 _L J- O R •�_ 1 -I- -L J-FL x 11L � 11L J_ � J- 1� R \f F� 04MEYMM SAN MARINA R (PARCEL P4 3S_6AC_ A R I R Ri GE ARCE I R SAN MARINO ;PAR i:EL C:I I V I•. � ^ Imo^ /t SAN MARINO 11 1 IPARCEL B AND C) w. — 'w + ?U? AC. r 17 y 97Cr FPL m Easemenl 4J MILE RADIUS��• Justification for Requested Deviations 13VI San Marino RPUD Page 6 of 8 ADDITIONAL DISCUSSION AND REFERENCES BY TRANSPORTATION AND PLANNING AUTHORITIES: FDOT Florida Greenbook Transit -Oriented Development (TOD) - a regional center development with transit available or proposed. TODs are developments that are moderate to high density, mixed -use, and walkable development designed to facilitate transit and accommodate multiple modes of transportation. TODs generally encompass a radius of '/4 or % miles of a transit station, a distance most pedestrians are willing to walk. https://www.fdot.gov/docs/default-source/roadway/floridagreenbook/tnd- handbook.pdf "Walkability Measures for Florida", Florida Resources and Environmental Analysis Center, Florida State University Walkability is "the extent to which the built environment supports and encourages walking by providing for pedestrian comfort and safety, connecting people with varied destinations within a reasonable amount of time and effort and offering visual interest in journeys throughout the network" I nw Incirlar Pedestrian Shed means an area, approximately circular, that is centered on a common destination. A Pedestrian Shed is applied to determine the approximate size of a neighborhood. A Standard Pedestrian Shed is 1/4 mile radius or 1320 feet, about the distance of a five-minute walk at a leisurely pace. It has been shown that provided with a pedestrian environment, most people will walk this distance rather than drive. The outline of the shed must be refined according to actual site conditions, particularly along Thoroughfares. A Long Pedestrian Shed is '/z mile radius or 2640 feet and may be used for mapping when transit is present or proposed. (Sometimes called a "walk - shed" or "walkable catchment.") Trust for Public Lands The Department of Transportation agrees that most people can walk a half - mile in about 10 minutes. At The Trust for Public Land, we believe everyone should be able to reach a park in that amount of time —no matter what kind of neighborhood you live in. https://www.tpl.org/blog/why-the-10-minute-walk Justification for Requested Deviations 11VI San Marino RPUD Page 7 of 8 10MINUTEWALK.ORG, sponsored by ULI, NRPA and Trust for Public Land Make the 100% Promise to ensure that everyone in your city has safe, easy access to a quality park within a 10-minute walk of home by 2050. FDOT Traditional Neighborhood Design Handbook Pedestrian shed - an area, approximately circular, that is centered on a common destination. A pedestrian shed is applied to determine the approximate size of a neighborhood. A standard pedestrian shed is 1/4 mile radius, or 1320 feet, about the distance of a five-minute walk at a leisurely pace. Justification for Requested Deviations San Marino RPUD Page 8 of 8 SAN MARINO RPUD Planned Unit Development Amendment Application ADDRESSING CHECKLIST Planning + Landscape Architecture Colfler county COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net ADDRESSING CHECKLIST 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Please complete the following and email to GMD—Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be 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 Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) 0 PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) Sections 11, 12, 13, and 14, Township 50 South, Range 26 East, Collier County, Florida FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) See attached STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 9300 COLLIER BLVD, 9480 COLLIER BLV, 9220 COLLIER BLVD and 9080 COLLIER BLVD LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) San Marino PUD, Willow RUn PUD, Lido Isles PUD PROPOSED PROJECT NAME (if applicable) San Marino RPUD name not yet approved PROPOSED STREET NAMES (if applicable) NA SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL # 20210001766 Rev. 6/9/2017 Page 1 of 2 Coflie-r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Return Approved Checklist By: ❑• Email ❑ Fax ❑ Personally picked up Applicant Name: Stock Development as Represented by Agent Fred Drovdlic, Waldrop Engineering Phone: 239-318-6707 Email/Fax: fred.drovdlic@waldropengineering.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 00410840009 Folio Number see attached Folio Number Folio Number Folio Number Folio Number a f 7+ Approved by: Date: 10/25/2021 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Rev. 6/9/2017 Page 2 of 2 16A ■ =mom ATTACHMENT `A' San Marino RPUD Parcels Ownership Parcel ID: 00410840009 SD SAN MARINO LLC Street# & Name: 9480 COLLIER BLVD MGR: STOCK, BRIAN K Build# / Unit#: 006 / 2639 PROFESSIONAL CIR #101 NAPLES, FL 34119 Parcel ID: 00410640005 Street# & Name: Build# / Unit#: 001 / Parcel ID: 00410880001 Street# & Name: Build# / Unit#: 007 / Parcel ID: 00410960002 Street# & Name: Build# / Unit#: 009 / Parcel ID: 00411200004 Street# & Name: Build# / Unit#: 015 / Parcel ID: 00411240006 Street# & Name: Build# / Unit#: 016 / Parcel ID: 00411320007 Street# & Name: Build# / Unit#: 018 / Parcel ID: 00411440000 Street# & Name: Build# / Unit#: 022 / Parcel ID: 00411640004 Street# & Name: Build# / Unit#: 027 / Parcel ID: 00410760008 ADVENIRkAVENTINE LLC Street# & Name: 9300 MARINO CIR 17501 BISCAYNE BLVD STE 300 Build# / Unit#: 004 / AVENTURA, FL 33160 Willow Run RPUD Parcels Ownership Parcel ID: 00411800006 SD SAN MARINO LLC Street# & Name: 9220 COLLIER BLVD MGR: STOCK, BRIAN K Build# / Unit#: 032 / 2639 PROFESSIONAL CIR #101 NAPLES, FL 34119 Parcel ID: 00412240005 Street# & Name: Build# / Unit#: 008 / Parcel ID: 00414320004 Street# & Name: Build# / Unit#: 011 / Parcel ID: 00417120007 Street# & Name: Build# / Unit#: 012 / 1 Parcel ID: 00411120003 Street# & Name: Build# / Unit#: 013 / Parcel ID: 00411160005 Street# & Name: Build# / Unit#: 014 / Parcel ID: 00412520000 Street# & Name: Build# / Unit#: 015 / Parcel ID: 00411360009 Street# & Name: Build# / Unit#: 020 / Parcel ID: 00411400008 Street# & Name: Build# / Unit#: 021 / Parcel ID: 00417680000 Street# & Name: Build# / Unit#: 029 / Parcel ID: 00417040006 Street# & Name: Build# / Unit#: 011 / Parcel ID: 00410920000 Street# & Name: Build# / Unit#: Lido Isles RPUD Parcels Ownership Parcel ID: 00411520001 LORDS WAY 30 LLC Street# & Name: 9198 COLLIER BLVD MGR: TORRES, DAVID E Build# / Unit#: 024 / 7742 ALICO ROAD FORT MYERS, FL 33192 Parcel ID: 00411000000 Street# & Name: Build# / Unit#: 010 / Parcel ID: 00411720005 Street# & Name: Build# / Unit#: 030 / Cracklin' Jacks Parcel Ownership Parcel ID: 00411040002 ZARZYCKI JR, WALTER G Street# & Name: 9080 COLLIER BLVD 270 18TH ST NE Build# / Unit#: 011 / NAPLES, FL 34120 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) Sections 11, 12, 13, and 14, Township 50 South, Range 26 East, Collierl%,rfWEFI@1da& 12 FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) See attached STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 9300 COLLIER BLVD, 9480 COLLIER BLV, 9220 COLLIER BLVD and 9080 COLLIER BLVD • 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) San Marino RPUD name not yet approved PROPOSED STREET NAMES (if applicable) NA SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL # 20210001766 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) Please Return Approved Checklist By: ❑• Email ❑ Fax ❑ Personally picked up Applicant Name: Stock Development as Represented by Agent Fred Drovdlic, Waldrop EngineE Phone: 239-318-6707 Email/Fax: fred.drovdlic@waldropengineering.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. 00411240006 Folio Number see attached Folio Number Folio Number Folio Number Folio Number Approved by: a f �+ Date: 08/12/2021 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED SAN MARINO RPUD Planned Unit Development Amendment Application WARRANTY DEEDS Planning + Landscape Architecture *** INSTR 6158911 OR 6041 PG 2532 RECORDED 11/15/2021 11:40 AM PAGES 1 *** CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA Doc@.70 $5,250.00 REC $10.00 CONS $750,000.00 After Recording Return To lr� Maytee Roman Schutt Law Firm, PA 12601 New Brittany Blvd Fort Myers, FL 33907 This Instrument Prepared by Maytee Roman Schutt Law Firm, PA 12601 New Brittany Blvd Fort Myers, FL 33907 as a necessary Incident to the fulfillment of conditions contained in a title Insurance commitment issued by it Property Appraisers Parcel I D (Folio) Number(s) 00411040002 File No 21091431 WARRANTY DEED This Warranty Deed, made the 9th day of November, 2021, by Walter G Zarzycki Jr., a single man, hereinafter called the,grantor, whose post office address is 270 18th Street NE, Naples, FL 34120-3670, to HARTLEY LAND LO, Florida limited liability company, whose post office address is 7742 Alico Road, Fort Myers, FL ; 1,2, hereinafter called the grantee, WITNESSETH: That sold g ` ntor, for and in consideration of the sum of $750,000 00 Dollars and other valuable considerations; re pt:,whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys anc cgnfirms unto the grantee, all that certain land situate in Collier County, Florida, to wit The South 1/2 of the North 1/2 of the South 1/2 of the Southwest 1/4 of the Southwest 1/4, Section 11, Township 50 South, Range 26:Fast, C�Ilier County, Florida, LESS road right-of-way a k a 9080 Collier Blvd , Naples„Fllda 34114 The property is not the homestead of the Grantor(s) TOGETHER with all the tenements, hredltaments and appurtenances thereto belonging or in anywise appertaining" To Have and to Hold, the same in fee simple1b,i And the grantor hereby covenants with sald,ga simple, that the grantor has good right and,,,awf hereby fully warrants the title to said land nl persons whomsoever, and that said land is free to 2020, reservations, restrictions and easement (The terms "grantor" and "grantee" herein shall be construed that the grantor is lawfully seized of said land in fee thority to sell and convey said land, that the grantor '`defend the same against the lawful claims of all (en,,cumbrances, except taxes accruing subsequent cotcf� if any udeo genders and singular or plural as the context indicates) IN WITNESS WHEREOF, Grantor has hereunto set granf written SIGNED IN THE PRESENCE OF THE FOLLOWING WITNESSES TWO SEPARATE DISINTERESTED WITNESSES REQUI Witness Signature Printed Name Ia6di PA, � Walter G Witness Signature Panted Name KI State of Florida County of Lee and seal the day and year first above 3rzyckr ; The foregoing instrument was acknowledged before me by means of SYphysical presence or ❑ online !Prin nzati n, this 9t# day of November, 2021 by Walter G Zarzyckl Jr He/She/They Is/are ❑Personally e or P oduced �F-C_ J7L as Identification a4`►►, ��y' Notary Public State of Florida Maytee Roman blic Sig a re My Commission HH 015577 ed Name Maytee RZox °>,, Expires06/29/2024 My Commission ExpiresZ�o5 0 Online Notary (Check f acentdone by Online Notarization) INSTR 6182173 OR 6063 PG 3360 E-RECORDED 12/29/2021 10:51 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA Doc@.70 $0.70 REC $27.00 This Warranty Deed Prepared By: David E. Torres 7742 Alico Rd Ft. Myers, FL 33912 (239) 208-4079 DOTE. This transfer is between related entities for nominal consideration only) WARRANTY DEED THIS WARRANVV I 2021, between Lord's Wad address is 7742 Alico Rd., Fo LLC, a Florida limited liabl Myers, FL 33912 ("Grantee") is made this 21day of L e./ C, a Florida limited liability company, whose er's, FL 33912 ("Grantor"), and Hartley Land, "pany, whose address is 7742 Alico Rd., Fort Grantor, in consideration of the suffi`f T and other good and valuable considerate the receipt of which is hereby acknowled said Grantee and Grantee's successors and property, situated, lying and being in Colli See attached AND NO/100 DOLLARS ($10.00) aid Grantor in hand paid by Grantee, granted, bargained and sold to the gn,s.forever, the following described our`1;t Florida. to wit: SUBJECT TO: (a) ad valorem and non ad valareq real property taxes for 2022 and subsequent years; (b) comprehensive land use plans, zoning, restrictions, prohibitions and othA�re,irements imposed by governmental authority; (c) outstandrg s and mineral interests of record, if any; and (d) covenants; edsrnts, restrictions and other matters of record. And said Grantor does hereby fully warrant the title to said property, and will defend the same against the lawful claims of all persons whomsoever. OR 6063 PG 3361 IN WITNESS WHEREOF, Grantor has executed and delivered this Warranty Deed the day and year first above written. Signed, sealed and delivered Lord's Way 30, LLC, a Florida Limited Liability Company -r-- By-, C44� J/ David E. orres, its Manager Witness L- Printed Name W �tn,s 2 — Signature (V--LZZ J Ce L Witness 2 - Printed Name STATE OF FLORIDA COUNTY OF LEE The foregoing Warranty Deed was acknowledged befote,,me y means of [] ph sical presence or [_] online notarization, on ` th' day of 2021, by David E. Torres, as Manager of� d"�s ay 30, LLC, a Florida limited liability company. He [IQ is personally know me or [_] produced A,rIA, as identification. ,,A-, NC01Y Publt S%ie of Fi da �hariotte M. Walkup w -.: . My GCrsMiaFa�1 G 945458 �oR Fxpir0a 01012024 bmulf6v 611da? *** OR 6063 PG 3362 *** The Sect (Parcel AND EXHIBIT A. 1/2 of the North 1/2 of the Southwest 1/4 of the Southwest 1/4 of `ownship 50 South, Range 26 East, except the West 100 feet roadway purposes, Collier County, Florida. �8411�520001) The South 1/2 of thetorth 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 11, Township 50 South, Range 26 East, except the West 100 feet thereof for roadway pur oses Collier County, Florida. (Parcel ID#: 00411000000) '` . , AND The North 1/2 of the North 1/2 Southwest 1/4 of Section 11, Toi 100 feet thereof for roadway pui (Parcel ID#: 00411720005) The North 1/2 of the East 1/2 of the Southwi West 1/2 of the Southeast 1/4 of Section 13, East, Collier County, Florida. (Parcel ID#: 00414120000) AND 1/2 of the Southwest 114 of the th, Range 26 East, less the West County, Florida. North 1/2 of the South, Range 26 The South 1/2 of the Northwest 1/4 of the Northeast 1/4 of theSoutheast 1/4 of Section 13, Township 50 South, Range 26 East, Collier County, Florida. (Parcel ID#: 00416000005) INSTR 5185701 OR 5206 PG 1326 RECORDED 10/21/2015 12:09 PM PAGES 7 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $131,250.00 REC $61.00 CONS $18,750,000.00 Prepared by: Law Offices of William G. Morris, P.A. 247 North Collier Boulevard, Suite 202 Marco Island, FL 34145 STATUTORY WARRANTY DEED THIS INDENTURE is made and entered into as of the 2Jday of October, 2015, by and between H & LD Venture, LLC, a Florida limited liability company ("Grantor"), whose mailing address is 7995 Mahogany Run Lane, Naples, Florida 34113, and SD San Marino, LLC, a Florida limited liability company ("Grantee"), whose mailing address is 2647 Professional Circle, Unit 1201, Naples, FL 34119. WITNESSETH, that Grantor, for-and--in-consideration of the sum of Ten and No/100 Dollars ($10.00) and other ccdanible consideration in hand paid, the receipt and sufficiency whereof f eb ackno r has ranted bargained, sold Y 9 9 , alienated, remised, released; +pVeyed and confirfr;nd by these presents does hereby grant, bargain, sell, �alieat�ise release, convey and confirm unto Grantee, and Grantee's heirs, success irs �� assi ns `f ever, vthe following described real property in the County of'Collit tf��"�to i i ! Y A SSE,E, " T A `T CH E HERETO AND INCORR-O ;L 1'1=D HER If B`t RE Irt NC ITHERETO, TOGETHER with all th�"� ,ements, here rid appurtenances, and every privilege, right, title, interest=n,,tate, reversion, - r ander and easement thereto belonging or in anywise appeg(c�lfectr , t`Property"). s �a SUBJECT TO the encumbrances a-n TMed ceptions described on Exhibit B attached hereto and incorporated herein by reference thereto (collectively, "Permitted Exceptions"); provided, however, that neither Grantor nor Grantee intend to reimpose any Permitted Exceptions nor shall this conveyance operate to reimpose or extend any Permitted Exceptions. TO HAVE AND TO HOLD the same in fee simple forever. And Grantor does hereby fully warrant the title to the Property, subject to and except for the Permitted Exceptions, and will defend the same, subject to and except for the Permitted Exceptions, against the lawful claims of all persons whomsoever. [SIGNATURES CONTAINED ON FOLLOWING PAGE] OR 5206 PG 1327 IN WITNESS WHEREOF, Grantor has caused these presents to be signed and sealed the day and year above written. Signed, sealed and delivered H & LD Venture, LLC, in ;thepre of: a Flo ' "mited li it By: (Witness gnature) ,�I Name: seph D. Boff Print Witness Nam e��I-1�{�`'l��E{Its: nager �GL.L 4�L1�- �� 'V��• (Witness Signature) Print Witness Name: L4 IF. 4", Cti STATE OF FLORIDA COUNTY OF COLLIER The foregoing instro 2015, by Joseph D. Boff, liability company, on beha `fit was acknowlec the Manager, of ,,id company. A' , pany d b6foro �4'q' this I "i' j'day of October, . s .LD Ve Lure, LLC, a Florida limited '• felt one]: ( personally knownrt'� or ( ) produced a valid driver's license as ide tifica Ion. Notary P li Mnature,) PEGILEEH.MORRIS Print Name: W COS VISSION # FF 142993�'— *'o* EXPIRES: Jury17,2o18 M Commission Expires: UL dD� 01M1 6omdolTNB420Noary6rvian Y P 2 OR 5206 PG 1328 Exhibit "A" TRACT 1 Parcel ID: 0041084009 The Northeast 1/4 of the Northwest 1/4 of Section 11, Township 50 South, Range 26 East, Collier County, Florida; and Parcel ID: 00411200004 Parcel ID: 00411240006 and Parcel ID: 0041088001 The Northwest 1/4 of the Northeast 1/4 of Section 11, Township 50 South, Range 26 East, Collier County, Florida; and Parcel ID: 00411320007 The Southwest 1/4 of the Northeast East, Collier County, Florida; and Parcel ID: 00410640005 The Southeast 1/4 of the No East, Collier County, Florida,i Parcel ID: 00411640004 The North 1/2 of the North 1% Township 50 South, Range 26 :t+on 11, Township 50 South, Range 26 west"'-, 1 Hof Section', 11, Township 50 South, Range 26 r w ' ',l Ek fthe Southwest 1>.of ttre,orthwest 1/4 of Section 11, 4'Collier County, ' l r ci.,ai` e` s the West 100 feet; and Parcel ID• 00410960002 � The South 1/2 of the North 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 11, Township 50 South, Range 26 East, Collier County, Florida, less the West 100 feet; and Parcel ID: 00411440000 The North 1/2 of the South 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 11, Township 50 South, Range 26 East, Collier County, Florida, less the West 100 feet. Being more particularly described as follows: Commencing at the West 1/4 corner of Section 11, Township 50 South, Range 26 East of Collier County, Florida; thence along the West line of the Northwest 1/4 of said Section 11, N 00 degrees 50'48" E, a distance of 344.19 feet, to the Southwest corner of the North 1/2 of the South 1/2 of the Southwest 1/4 of the Northwest 1/4 of said Section 11; thence leaving the said West line and along the South line of the North 1/2 of the South 1/2 of the Southwest 1/4 of the Northwest 1/4 of said Section 11, N 87 degrees 55'08" E, a distance of 100.13 feet, to the Point of Beginning of the parcel herein described; thence N 00 degrees 50'48" E, a distance of 1032.30 feet, being 100.00 feet Easterly and parallel to the said West line; thence along the North line of the North 1/2 of the North 1/2 of the Southwest 1/4 of the Northwest 1/4 of said Section 11, N 88 degrees 04'51" E, a distance of 1234.18 feet to the Southwest corner of Northeast 1/4 of the Northwest 1/4 OR 5206 PG 1329 of said Section 11; thence along the West line of the Northeast 1/4 of the Northwest 1/4 of said Section 11; N 00 degrees 49'48" E, a distance of 1371.72 feet, to the Northwest corner of Northeast 1/4 of the Northwest 1/4 of said Section 11; thence along the North line of the Northeast 1/4 of the Northwest 1/4 of said Section 11; N 88 degrees 17'49" E, a distance of 1333.66 feet, to the North 1/4 corner of said Section 11; thence along the North line of Northwest 1/4 of the Northeast 1/4 of said Section 11, N 88 degrees 17'56" E, a distance of 1333.62 feet, to the Northeast corner of the Northwest 1/4 of the Northeast 1/4 of said Section 11; thence along the East line of the West 1/2 of the Northeast 1/4 of said Section 11, S 00 degrees 4744" W, a distance of 2723.17 feet to the Southeast corner of the Southwest 1/4 of the Northeast 1/4 of said Section 11; thence along the East to West 1/4 line of said Section 11, S 87 degrees 51'54" W, a distance of 2669.89 feet to the Southwest corner of the Southeast 1/4 of the Northwest 1/4 of Section 11; thence along the west line of the Southeast 1/4 of the Northwest 1/4 of Section 11, N 00 degree 49'48" E, a distance of 342.93 feet to the Southeast corner of the North 1/2 of the South 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 11; thence along the South line of the North 1/2 of the South 1/2 of the Southwest 1/4 of the Northwest 1/4 of said Section 11, S 87 ° Q8" W, a distance of 1234.66 feet to the Point of Beginning of the parcel ecI�rn55' AND: JI m w = TRACT 2• t ,I The West 1/2 of the Northwest ,,,1/4 of the Southt/4he Northeast 1/4 of Section 31, Township 49 South e 27 East, Col fr,©o, Florida. The North 1/2 of the North 1/2 oir V.2"'of 'of the Southwest 1/4 of the Northeast 1/4 of Section 33, Township 49"µSouth, Range 27 East, Collier County, Florida. Mitigation Parcel 3: Parcel ID#: 00352680000 The East 1/2 of the North 1/2 of the North 1/2 of the South 1/2 of the North 1/2 of the Southeast 1/4 less the East 35 feet thereof dedicated for road purposes, and the East 1/2 of the South 1/2 of the North 1/2 of the South 1/2 of the North 1/2 of the Southeast 1/4 , less the East 35 feet thereof dedicated for road purposes of Section 35, Township 49 south, Range 27 East, Collier County, Florida. . Mitigation Parcel 4: Parcel ID#: 00350720001 The East 1/2 of the North 1/2 of the South 1/2 of the South 1/2 of the Northwest 1/4, less the East 35 feet of Section 35, Township 49 South, Range 27 East, Collier County, Florida. Mitigation Parcel 5:Parcel ID#: 00351480007 The West 1/2 of the North 1/2 of the North 1/2 of the South 1/2 of the North 1/2 of the Southwest 1/4, less the West 35 feet thereof, of Section 35, Township 49 South, Range 27 East, Collier County, Florida. Mitigation Parcel 6:Parcel ID#: 00352160009 OR 5206 PG 1330 The East 1/2 of the North 1/2 of the South 1/2 of the North 1/2 of the North 1/2 of the Southwest 1/4, less the East 35 feet thereof dedicated for road purposes, and the West 1/2 of the South 1/2 of the south 1/2 of the North 1/2 of the North 1/2 of the Southwest 1/4, less the West 35 feet thereof dedicated for road purposes, and the West 1/2 of the North 1/2 of the South 1/2 of the North 1/2 of the North 1/2 of the Southwest 1/4, less the West 35 feet thereof dedicated for road purposes of Section 35, Township 49 South, Range 27 East, Collier County, Florida. Mitigation Parcel 7:Parcel ID#• 00352880004 The South 1/2 of the North 1/2 of the Southeast 1/4 of the Southeast 1/4 of Section 35, Township 49 South, Range 27 East, Collier County, Florida, less and except the East 35 feet thereof. Mitigation Parcel 8:Parcel ID#• 00455120001 The Southeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 11, Township 50 South, Range 27 East, Collier County, Florida. Mitigation Parcel 9• Parcel ID#: 06i The North 1/2 of the West 1/2 offt ii..West 1/2 "rt i h 1/2 of the North 1/2 of the Southeast 1/4 of Section 23, Tc nr�ii°ip 50 South, Rang 27' ast, Collier County, Florida. The North 1/2 of the East 1/2t�f� ilrvi � "f ;e Southeast 1/4 of Section 2, Township 51 South, Range 2i East;, Co�liroi;,1 's 4 The Northeast 1/4 of the So4fst 1/4 AND thee t 1 of the Southeast 1/4 of the Southeast 1/4 of Section 2, To" 51 South, Rang2'ast, Collier County, Florida. The South 1/2 of the East 1/2 of the 'kI/." of the Southeast 1/4 of Section 2, Township 51 South, Range 27 East, Collier County, Florida. Mitigation Parcel 13:Parcel ID#• 00450840001 The North 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Northwest 1/4 of Section 6, Township 50 South, Range 27 East, Collier County, Florida. Mitigation Parcel 14: Intentionally omitted Mitigation Parcel 15:Parcel ID#: 00746960006 The West 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 2, Township 51 South, Range 27 East, Collier County, Florida. Mitigation Parcel 16: Parcel ID: 0034996005 The East 1/2 of the South 1/2 of the North 1/2 of the South 1/2 of the South 1/2 of the Northeast 1/4, less the East 35 feet thereof, dedicated for road purposes and the East 1/2 of the North 1/2 of the North 1/2 of the South 1/2 of the South 1/2 of the Northeast 1/4, less the East 35 feet thereof, dedicated for road purposes, all lying and being in Section 35, Township 49 South , Range 27 East, Collier County, Florida. OR 5206 PG 1331 EXHIBIT B Permitted Exceptions 1. Taxes and assessments for the year 2015 and subsequent years, which are not yet due and payable. 2. Florida Power & Light Company Right -of -Way Agreement recorded in Official Records Book 663, Page 594. (as to Tract 1). 3. Florida Power & Light Company Right -of -Way Agreement recorded in Official Records Book 664, Page 1488. (as to Tract 1) 4. Florida Power & Light Company Right -of -Way Agreement recorded in Official Records Book 666, Page 521. (as to Tract 1) 5. Resolution No. CWS-85-4 record der cls,eBook 1142, Page 1796. (as to Tract 1) s 6. Easements contained in Order�f, Faking recorded in ficii Records Book 3927, Page 3243. (as to Tract 1) Jma. 7. Temporary Construction Fasprfijir°"F6,fi in`od iR r Taking recorded in Official Records Book 4030, Page 2363. (as is fract 1)E.an, 8. Property is subject to Collie bounty Ordinancesnd/dr Re�%futions which establish mandatory garbage and solid waste colgit,ion in Collier Cow*`,, Said p ` perty is subject to all assessments made under said Ordinance ° ,Rolutions. (as to'TiRacti `and 2) 9. The nature, extent or existence ° nriCmitss"'to Tracts land 2) 10. Rights of predecessors in title, and all persons claiming by, through or under same, by virtue of the reservation, grant, or lease of the oil, gas and/or minerals lying within the lands described in Schedule A, as recorded in Deed Book 30, Page 91, as affected by Notice of Interest recorded in Official Records Book 4586, Page 412. (As to Tract 2 Mitigation Parcels 1, 2, 3, 4, 5, 6, 7 and 16) 11. Rights of predecessors in title, and all persons claiming by, through or under same, by virtue of the reservation, grant, or lease of the oil, gas and/or minerals lying within the lands described in Schedule A, as recorded in Deed Book 33, Page 445. (As to Tract 2 Mitigation Parcel 1) 12. Rights of predecessors in title, and all persons claiming by, through or under same, by virtue of the reservation, grant, or lease of the oil, gas and/or minerals lying within the lands described in Schedule A, as contained in Deed Book 36, Page 378. (As to Tract 2 Mitigation Parcel 2) 13. Rights of predecessors in title, and all persons claiming by, through or under same, by virtue of the reservation, grant, or lease of the oil, gas and/or minerals lying within the lands described in Schedule A, as recorded in Deed Book 40, Page 185. (As to Tract 2 Mitigation Parcels 3, 4, 5, 6, 7 and 16) 14. Rights of predecessors in title, and all persons claiming by, through or under same, by virtue of the reservation, grant, or lease of the oil, gas and/or minerals lying within the lands described *** OR 5206 PG 1332 *** in Schedule A, as recorded in Official Records Book 6, Page 269, Official Records Book 6, Page 270 and Official Records Book 6, Page 273. (As to Tract 2 Mitigation Parcel 13) 15. Restrictions and right of way reservation set forth in the Warranty Deed recorded in Official Records Book 25, Page 608. (As to Tract 2 Mitigation Parcel 1) 16. Rights of predecessors in title, and all persons claiming by, through or under same, by virtue of the reservation, grant, or lease of the oil, gas and/or minerals lying within the lands described in Schedule A, as recorded in Official Records Book 613, Page 714, as affected by Notice of Interest recorded in Official Records Book 4598, Page 2925. (As to Tract 2 Mitigation Parcels 8 and 9) 17. Rights of predecessors in title, and all persons claiming by, through or under same, by virtue of the reservation, grant, or lease of the oil, gas and/or minerals lying within the lands described in Schedule A, as recorded in Official Records Book 613, Page 730, as affected by Notice of Interest recorded in Official Records,, ,, 4�98R�P.age 2925. (As to Tract 2 Mitigation Parcels 10, 11, 12 and 15) � 18. Easement for roadway granted -in Deed recorded in O cia' ,Records Book 696, Page 575. (As to Tract 2 Mitigation Parcel 9y IJI t I 19. Easement for roadway seforta°rD", I Records Book 697, Page 381. (As to Tract 2 Mitigation Parcels, 10 11, 1 andis Ek.a, I 3 20. Easement for roadway resw6d in Deed recorded in Officf` `Mbcords Book 698, Page 451. (As to Tract 2 Mitigation Parcel 9I J.' 21. Easement for roadway resery � � ;Feeds recorder, ial Records Book 742, Page 1214. (As to Tract 2 Mitigation Parcel 8) .�..°" o 22. Easement for roadway reserved in Deed recorded in Official Records Book 759, Page 1564. (As to Tract 2 Mitigation Parcels 10, 11, 12 and 15) 23. Reservation of easement contained in Special Warranty Deed recorded in Official Records Book 1362, Page 829. (As to Tract 2 Mitigation Parcel 12) 24. Easement for roadway set forth in Deeds recorded in Official Records Book 2132, Page 313, Official Records Book 3194, Page 2705 and Official Records Book 3194, Page 2707. (As to Tract 2 Mitigation Parcels 10, 11, 12 and 15) 25. Easement for roadway set forth in Deeds recorded in Official Records Book 2392, Page 3263. (As to Tract 2 Mitigation Parcel 8) 30. Subject to terms and conditions of the "Collier County Transfer of Development Rights Program" as referenced in Warranty Deed recorded in Official Records Book 3673, Page 2843. (As to Tract 2 Mitigation Parcel 3) NOTE: ALL RECORDING REFERENCES SET FORTH ON THIS EXHIBIT "B" SHALL REFER TO THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, UNLESS OTHERWISE NOTED. INSTR 5593490 OR 5538 PG 1707 E-RECORDED 7/31/2018 2:03 PM PAGES 22 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC $188.50 PASSIVE DEED OF CONSERVATION EASEMENT WITH THIRD PARTY BENEFICIARY RIGHTS TO USACE Prepared by and after recording return to: Craig D. Grider, Esq. Coleman, Yovanovich, & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 THIS DEED OF CONSERVATION EASEMENT is given this day of u, _ 2018, by SD San Marino, LLC, a Florida limited liability company ("Grantor"), whose mailing address is 2639 Professional Circle, Suite 101, Naples, FL 34119, to the South Florida Water Management District, a government entity created and existing under Chapter 373, Florida Statutes ("Grantee"), with its principal office at 3301 Gun Club Road, West Palm Beach, Florida 33406, and whose mailing address is Post Office Box 24680, West Palm Beach, Florida 33416-4680, with third party enforcement rights to the U.S. Army Corps of Engineers and U.S. Fish and Wildlife„ Service {collectively, "Third Party Beneficiary"). As used herein, the term "Grantor' shall include any a 4 Qr JP sucoessors or assigns of the Grantor, and all subsequent owners of the "Conservation s hi ent Area„ (a fi r 4fter defined); the term "Grantee" shall include any successor or assignee c�f,` fee; and the term hid party Beneficiary" shall include any successor or assignee of the Third F arty- neficiarv_ _ 1A r WHEREAS, the Grantors is the fee simple 6wr)er ' 4nd$ situated in Collier County, Florida, and more specifically described the Ikcat p h xoibit "A� a to bd ,hereto and incorporated herein (the "Property"); and ° k., ,�. c ;, WHEREAS, Permit No. 1 4-P ("Permit") and m "d c��ns thereto issued by the Grantee authorizes certain activities which c - ect wetlands or other"9 ,waters in or of the State of Florida; and WHEREAS, the U.S. Army Corps`ol.« hgm er rmI No. SAJ-1999-01251 ("Corps Permit") authorizes certain activities in the waters of the United States and requires this site protection instrument over the lands identified in Exhibit "B" as mitigation for such activities; WHEREAS, the U.S. Fish and Wildlife Service maintains that the Property possesses or is capable of possessing ecological and habitat values that benefit endangered, threatened, or other species (collectively, "Conservation Values") of great importance to the people of the State of Florida and the United States; WHEREAS, the Grantor, in consideration of the consent granted by the Permit or other good and valuable consideration provided to Grantor, is agreeable to granting and securing to the Grantee a perpetual Conservation Easement as defined in Section 704.06, Florida Statutes (F.S.), over the area of the Property described on Exhibit "B", attached hereto and incorporated herein by reference ("Conservation Easement Area"); and WHEREAS, subject to the terms set forth herein, Grantor grants this Conservation Easement as a condition of the Permit, solely to off -set or prevent adverse impacts to natural resources, fish and wildlife, and wetland functions; and WHEREAS, subject to the terms set forth herein, Grantor desires to preserve the Conservation Easement Area in perpetuity in its natural condition, or, in accordance with the Permit, in an enhanced, restored, or created condition; and Page 1 of 11 OR 5538 PG 1708 NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration provided to the Grantor, the adequacy and receipt of which are hereby acknowledged, Grantor hereby voluntarily grants, creates, conveys, and establishes a perpetual Conservation Easement for and in favor of the Grantee upon the Conservation Easement Area which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever, all as set forth more particularly herein. The scope, nature, and character of this Conservation Easement shall be as follows: 1. Recitals. The recitals hereinabove set forth are true and correct and are hereby incorporated into and made a part of this Conservation Easement. 2. Purpose. It is the purpose of this Conservation Easement to retain land or water areas in their existing, natural, vegetative, hydrologic, scenic, open or wooded condition and to retain such areas as suitable habitat for fish, plants, or wildlife in accordance with Section 704.06, F.S. Those wetland and upland areas included in this Conservation Easement which are to be preserved, enhanced, restored, or created pursuant to the Permit (or any modification thereto- .and-anyxManagement Plan attached hereto as Exhibit °C ("Management Plan") which has been apprr,Vq �j yr iri ,Grantee, shall be retained and maintained in the preserved, enhanced restored .F srctedt5dito� rc{tred by the Permit (or any modification thereto). To carry out this a. To necessary equipment or vehicles contained in this easement, anal tq interfere with the use and quiet Oj loyl entry; and b. To proce Easement and the covenants set fc set forth herein, and to require the Area that may be damaged by any, to Grantee by this easement: 'Areo, at reasonable times with any with the covenants and prohibitions in iarrianner that will not unreasonably e rOa by Grantor at the time of such or in equity to onfot=ge """the provision of this Conservation to prevent the oc rgrice of any of the prohibited activities * of -.such -•ark ors�features of the Conservation Easement v n u isi�., is with this Conservation Easement. 3. Prohibited Uses. Except for activities that are permitted or required by the Permit (or any modification thereto) (which may include restoration, creation, enhancement, maintenance, and monitoring activities, or surface water management improvements) or other activities described herein or in the Management Plan (if any), any activity on or use of the Conservation Easement area inconsistent with the purpose of this Conservation Easement is prohibited. Without limiting the generality of the foregoing, the following activities are expressly prohibited in or on the Conservation Easement Area (except as authorized or required by the Permit (or any modification thereof) or in a Management Plan which has been approved in writing by the Grantee): a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; C. Removing, destroying or trimming trees, shrubs, or other vegetation, except: i. The removal of dead trees and shrubs or leaning trees that could cause damage property is authorized; Page 2 of 11 OR 5538 PG 1709 ii. The destruction and removal of noxious, nuisance or exotic invasive plant species as listed on the most recent Florida Exotic Pest Plant Council's List of Invasive Species is authorized; iii. Activities authorized by the Permit or described in the Management Plan or otherwise approved in writing by the Grantee are authorized; and iv. Activities conducted in accordance with a wildfire mitigation plan developed with the Florida Forest Service that has been approved in writing by the Grantee are authorized. No later than thirty (30) days before commencing any activities to implement the approved wildfire mitigation plan, Grantor shall notify the Grantee in writing of its intent to commence such activities. All such activities may only be completed during the time period for which the Grantee approved the plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural, restored, enhanced, or created condition; soil conservation, or clearing, and fencing; 9. and Activities detrime fish and wildlife fg' Acts or uses .ref h. Acts ( physical appearance of sites or Easement Area, including the ri)j) Conservation Easement Area that (or any modification thereto), Ma Easement. ghts. Grantor res engage or to perm of prohibited herein , eii a' ,t Plan, or the water conservation, erosion control, but not limited to, ditching, diking, retention of land or water areas; on of the structural integrity or cultural significance. ' as owner of the Conservation ,,rs to engage in all uses of the not inconsistent with the Permit purposes of this Conservation 5. Rights of the U.S. Arm v Corps of-En-airf rs ("Corps") and U.S. Fish and Wildlife Service ("Service"). The Corps and Service, as a third -party beneficiaries, shall have the right to enforce the terms and conditions of this Conservation Easement, including: a. The right to take action to preserve and protect the environmental value of the Conservation Easement Area; b. The right to prevent any activity on or use of the Conservation Easement Area that is inconsistent with the purpose of this Conservation Easement, and to require the restoration of areas or features of the Conservation Easement Area that may be damaged by any inconsistent activity or use; C. The right to enter upon and inspect the Conservation Easement Area in a reasonable manner and at reasonable times to determine if Grantor or its successors and assigns are complying with the covenants and prohibitions contained in this Conservation Easement; and d. The right to enforce this Conservation Easement by injunction or proceed at law or in equity to enforce the provisions of this Conservation Easement and the covenants set forth herein, to prevent the occurrence of any of the prohibited activities set forth herein, and the right to require Grantor, or its successors or assigns, to restore such areas or features of the Conservation Easement Area that may be damaged by any inconsistent activity or use or unauthorized activities. Page 3 of 11 OR 5538 PG 1710 The Grantor, including their successors or assigns, shall provide the Corps and Service at least 60 days advance notice in writing before any action is taken to amend, alter, release, or revoke this Conservation Easement. The Grantee shall provide reasonable notice and an opportunity to comment or object to the release or amendment to the Corps and the Service. The Grantee shall consider any comments or objections from the Corps and Service when making the final decision to release or amend this Conservation Easement. 6. No Dedication. No right of access by the general public to any portion of the Conservation Easement Area is conveyed by this Conservation Easement. 7. Grantee's and Third Party Beneficiary's Liability. Grantee's liability is limited as provided in Subsection 704.06(10) and Section 768.28, F.S. Additionally, Grantee and Third Party Beneficiary shall not be responsible for any costs or liabilities related to the operation, upkeep, or maintenance of the Conservation Easement Area. 8. Enforcement. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of„rcany-breach4 hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rigfa 1peEn er fair# e shall not be obligated to Grantor, or to any other person or entity, to enforce e r i toft ' ohtt r- b",A ' tion Easement. 9. Third Party Benefic Conservation Easement shall have including third party enforcement rj' Easement. Third Party Beneficiaryas,, discretion of the Third Party 130nefi'i exercise its rights hereunder irk k construed to be a waiver of TH(J—, a be obligated to Grantor, or to 64*101 Easement.° 4 hts her person or entity, 10. Taxes. When perp uaintenance is delinquency any and all taxes, asse dents,* fees,- am assessed by competent authority on the Cors�rvtiafi„; satisfactory evidence of payment upon request -,-m--,--' — hts \ Thb Third Party Beneficiary of this ant\eund�,pr this Conservation Easement, sions and restrictions of this Conservation rs, nr�ions and restrictions shall be at the a _ ehplf ojf the Third Party Beneficiary to ergo b� Gqantor, shall not be deemed or ier�ntder�Third Party Beneficiary shall not enforce airs.' provisions of this Conservation r S Lare,-d`y4he Permit, Grantor shall pay before v. os" of whatever description levied on or aefit Area, and shall furnish the Grantee with 11. Assignment. Grantee will hold this Conservation Easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this Conservation Easement except to another organization or entity qualified to hold such interests under the applicable state laws. 12. Severability. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 13. Terms and Restrictions. Grantor shall insert the terms and restrictions of this Conservation Easement (or incorporate the terms and restrictions by reference) in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Conservation Easement. 14. Written Notice. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor -in -interest. 15. Modifications. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors -in -interest, which shall be filed in the public records in Collier County, Florida. Page 4 of 11 OR 5538 PG 1711 16. Passive Recreational Facilities. Grantor reserves all rights as owner of the Conservation Easement Area, including the right to engage in uses of the Conservation Easement Area that are not prohibited by the Permit (including any modification thereto) or Management Plan, and that are not inconsistent with any rule of the Grantee, and the intent and purposes of this Conservation Easement. Passive recreational uses that are not contrary to the purpose of this Conservation Easement may be constructed with the following limitations: a. The Grantor may conduct limited vegetation removal but only to the extent necessary to construct boardwalks, mulched walking trails, observation platforms or other pervious or pile supported structures which have been approved in advance in the Permit (including any modification thereto) or Management Plan. b. The construction and use of the approved passive recreational facilities shall be subject to the following conditions: i. Grantor shall minimize and avoid, to the fullest extent possible, impact to any wetland or upland buffer areas within the.. -Conservation Easement Area and shall avoid materially diverting the direction of the natural surf ace' Wp rI, , Jr arc) arpa; ii. Suchfies and improvem ' t=s all be constructed and maintained utilizing Best Management Practices 7 " iii /Adequate container for litter disposal shall be situated adjacent to such facilities and improvements and pen' in ;a e `n lr 0ted by the maintenance entity, to clean any litter from the area srrodi f4ciiitielar_ipvmehts: i 4�.«,.`� � �, � iv. Th mo,o' ervaif6h as ent sliail .,,6onstitute authorization for the construction and operation of ti Wppssive recreational feet,,4ities At�y srach work shall be subject to all applicable federal, state, and local r hitting requirements n ,"� 17. Recordation. Grantor spp�a�Ilfrpord this Conservatfo l a ment in timely fashion in the Official Records of Collier County, Florida, anshat 1 1fiGrantee may require to reserve its eord Y q p rights. Grantor shall pay all recording costs arfd Wx rye s `ry to record this Conservation Easement in the public records. Grantor will hold Grantee harm%ss from any recording costs or taxes necessary to record this Conservation Easement in the public records. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purposes imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Conservation Easement Area. Grantor hereby covenants with Grantee that Grantor is lawfully seized of said Conservation Easement Area in fee simple; that the Conservation Easement is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement; all mortgages and liens on the Conservation Easement area, if any, have been subordinated to this Conservation Easement; that Grantor has good right and lawful authority to convey this Conservation Easement; and that it hereby fully warrants and defends record title to the Conservation Easement Area hereby conveyed against the lawful claims of all persons whomsoever. Page 5 of 11 OR 5538 PG 1712 IN WITNESS WHEREOF, SD San Marino, LLC ("Grantor") has hereunto set its authorized hand this tiol? 15 day of , 2846. SD San Marino, LLC, a Florida limited liabili company By: Brian K. S ck, Manager Signed, sealed and delivered in our presence as witnesses: By: _ . By - (Signature) Name: �' TA-, ;Sd, 4 Nam (Print) STATE OF FLORIDA COUNTY OF 1W On this appeared Brian K. Stock, tMe OT96 San Marino, LLC, a Florida limited-< on behalf of company, and the he produced a Florida driver's license as r� oar ra me, io subscribed tote f( �-A ity company, and dgly authorized to do tlftt, lon .m IN WITNESS WHEREOF, I hereunto set my hand and official seal NOTARY PUBLIC, STATE OF FLORIDA Si nat re) (Name) My Commission Expires: nature) undepigned notary public, personally )inn` trument, as the Manager of SD end that he/she executed the same o is personally known to me or has JUDITH M SEALENotary Public - State of FloridaCommission K # GG 027265My Comm. Expires Sep 28, 2020 Bonded through Nalicnal Notary Assn. Page 6 of 11 OR 5538 PG 1713 MORTGAGEE JOINDER, CONSENT AND SUBORDINATION For Ten Dollars ($10.00) and other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, IBERIABANK, a Louisiana state -chartered bank ("Mortgagee"), the owner and holder of that certain Mortgage and Security Agreement dated October 20, 2015, recorded October 21, 2015, in Official Records Book 5208 Page 1333, as recorded in the Public Records of Collier County, Florida, given by SD San Marino, LLC, a Florida limited liability company ("Grantor"), encumbering certain real property located in Collier County, Florida, including the real property,ftscribed on Exhibit " B" ("Conservation Easement Area") of that certain Deed of Cqnsrim 't E�aseanservation Easement") to which this Mortgagee Joinder, Come ". and Subordination is lacheld, together with that certain Assignment of Leases, Rertt October 21, 2015, in Official by GrantorAn favor of Mortgagee, recorded Of the Public Records of Collier County, Florida, and that � ri "inan"dn Stat"ent"tor, to Mortgagee as the Secured Party, recorded Oct r 21, 2015, in Officia ?�2edocd i3Aok 5206, Page 1354, of the 7 7Public Records of Collier Countt=jrda,sard mortgage,s►gnment of leases and rents, and UCC-1 Financing Statement, as mode arkrerriafter referred to as the "Mortgage"), hereby joins in, consents to and subordinates the lien of its Mortgage, as it has been, and as it may be, modified, amended and assigned from time to time, to the foregoing Conservation Easement, executed by Grantor, in favor of the South Florida Water Management District, a government entity created and existing under Chapter 373, Florida Statutes, together with any applicable third -party beneficiaries noted in said Conservation Easement, as said Conservation Easement may be modified, amended, and assigned from time to time, with the intent that the Mortgage shall be subject and subordinate to the Conservation Easement. Page 7 of 11 OR 5538 PG 1714 IN WITNESS WHEREOF, this Mortgagee Joinder, Consent and Subordination is made this day of 20 1 K. By: (Signature) I --`- Name: a p Title: ca a U.r.1 (Print) WITNESSES: "V, 'R By: J1 (Signature) Name: - %JTJ d t t-0 (Print) STATE OF FLORIDA COUNTY OF W IBERIABANK, a Louisiana state chartered bank (Mortgagee) nature) (Print) instrument re me this day of The foregoin �IEjd) _20 by (print name), as (pri (title) of IBERIASANK, a Louisiana state -chartered bank, on behalf of iaid bank. He/She is personally known to me or has produced a driver's license as identification. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY P ATE OF LORID N —1'(Sig Agat 6w ,e' (Name) My Lmmision Expires: (0 JUDITH GMGI Wros �j MY COMMISSION 0 FF 221542 EXPIRES: April 16,2019 Bonded Tin Notary public Underwriters Page 8 of 11 OR 5538 PG 1715 EXHIBIT A ILOCATION MAP] ! 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Page 11 of 11 INSTR 6091395 OR 5977 PG 3932 RECORDED 7/8/2021 9:43 AM PAGES 5 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $172,200.00 REC $44.00 CONS $24,600,000.00 THIS INSTRUMENT PREPARED BY AND RETURN TO: Christopher W. Brewer, Esq. Gardner Brewer Martinez -Monfort, P.A. 400 N. Ashley Drie Suite 1100_. Tampa, FL 336 Z SPECIAL WARRANTY DEED THIS INDENTURE, made this,.?JZf June, 2021, by WINCHESTER LAND, LLC, a Florida limited liabili] company, whose address is 1299 Zurich Way, Schaumburg, IL 60196 ("Grantor"), in favor SD AN MARINO, LLC, a Florida limited liability company, whose address 2639 Professional iroi, Suite 101, Naples, FL 34119 ("Grantee"). SSETH: That the Grantor, for and in co de good and valuable consideration, to it in had` by these presents does grant, bargain, sell, Grantee, its successors and assigns forever, the County of Collier, State of Florida, as hereto. TOGETHER WITH all the tenements, belonging or in anywise appertaining. of the sum of Ten Dollars ($10.00) and other ,,the receipt whereof is hereby acknowledged, mise, release, convey and confirm unto the .at certain parcel of land lying and being in .parti xlarly described on Exhibit A attached SUBJECT TO real estate taxes for 2021 and al restrictions, and reservations of record. TO HAVE AND TO HOLD the above described premise the said Grantee, its successors and assigns, in fee simple forever. and appurtenances thereto years, and all easements, vlthAhe appurtenances, unto AND GRANTOR HEREBY COVENANTS with Grantee that-Grantor,is lawfully seized ti of the Property in fee simple, and that Grantor hereby specially warrants e tie o said Property subject to the matters referred to above and will defend the same against the lawful claims and demands of all persons claiming by, through, or under Grantor, but not otherwise---.:' OR 5977 PG 3933 IN WITNESS WHEREOF, the Grantor has caused these presents to be duly authorized in its name and by those thereunto duly authorized, the day and year first above written. WITNESSES:",,"," " WINCHESTER LAND, LLC, a Florida limited liability company By: Print e: m(/r—Thomas Finley, Manager /Y _ !_ - Name: STATE OF () i[ (A h U M A- ) COUNTY OFBI<Iah oM (+ ) The foregoing instrument was acknowledd ,before me by means of O'physical presence or ❑ online notarization, this---I-��/ day of u e, 2 1, by Thomas Finley, as Manager of WINCHESTER LAND, LLC, a Florida limited lial�ilcompany, on behalf of the company. He is personally known to me or has produced a vali riv `ss, license as identification. JUDY -StateEf Notary'. 1 Notary Public State of Oklahoma Notary Seal) Commission Number 19008814 Printed me;_ My Commission Expires Aug 29, 2023 My Commis n E pires: q Oci, Z6Z-E 2 OR 5977 PG 3934 PARCEL 1: TH SOUTHWEST"`l THE WEST 100 FLORIDA. EXHIBIT A Legal Description of Property 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THI MON 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, LES! EREOF FOR ROAD RIGHT-OF-WAY, COLLIER COUNTY PARCEL 2: THE �-N HEAST 1/4 OF THE SOUTHWEST 1/4, AND THI NORTHWEST 1/4 OF T' SOUTHEAST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH RANGE 26 EAST, COLLIER 0bNTY, FLORIDA. PARCEL 3: THE NO: TOWNSHIP 50 SOUTH, PARCEL 4: THE SOUTHE, SOUTHWEST 1/4 OF THE SOU j RANGE 26 EAST, COLLIER CO OF THE SOUTHEAST 1/4 OF SECTION 11 >T, COLLIER COUNTY, FLORIDA. PARCEL 5: THE SOUTHEAST 1/4 OF TOWNSHIP 50 SOUTH, RANGE 26 EAST, F THE SOUTHWEST 1/4, AND THI OF SECTION 11, TOWNSHIP 50 SOUTH PARCEL 6: THE SOUTHEAST 1/4 OF TH TOWNSHIP 50 SOUTH, RANGE 26 EAST, CO PARCEL 7: THE NORTHEAST 1/4 OF THE NO] TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER JTHEAST 1/4 OF SECTION 11 COUNTY, FLORIDA. 1/4 OF SECTION 11 FLORIDA. T 1/4 OF SECTION 11 Y, FLORIDA. PARCEL 8: THE SOUTHWEST 1/4 OF THE NORTHWt T.,'1/4 OF SECTION 12 TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUN Y;#LOPdDA. PARCEL 9: THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTiT" 12, TOWNSHI 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. PARCEL 10: THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13 TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. PARCEL 11: THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 14 TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. PARCEL 12: THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THI NORTHEAST 1/4 OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA. 3 OR 5977 PG 3935 THE ABOVE TWELVE PARCELS ALSO DESCRIBED AS FOLLOWS: A TRACT OF LAND LYING IN SECTIONS 11, 12, 13, AND 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBEDAS FOLLOWS: BEGINNING, iT � 'FOIE NORTHEAST CORNER OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE, EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 00045'13" WEST,L DONG THE EAST LINE OF SAID SECTION 11, A DISTANCE OF 1,356.42 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4'F SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST, SAID COLLIER COUNTY, FL0 DA; THENCE LEAVING SAID EAST LINE, NORTH 87°47'32" EAST, A DIST CE OF 1,318.80 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST 1/4° m THE NORTHWEST 1/4 OF SAID SECTION 12; THENCE SOUTH 00040'50" WEST, A NG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF � i SECTION 12, A DISTANCE OF 1,353.60 FEET TO THE NORTHEAST CORNER 6F THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 12; THENCE SOUT00641t4" WEST, ALONG THE EAST LINE OF THE WEST 1/2 OF THE SOUTHWESi`` /4 OF.SAID SECTION 12, A DISTANCE OF 2,707.26 FEET TO A POINT TO THE NO I ST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 131, TOWNSHIP 50 SOUTH, RANGE 26 EAST, SAID COLLIER COUNTY, FLORIDA-"THENCE SOUTH 00039'29" WEST, A DISTANCE OF 1,345.37 FEET TO E':.. SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE NORTHW� '/ - OF SAID SECTION 13; THENCE SOUTH 87030'06" WEST, ALONG THE SOUili lNE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION. k3; STANCE OF 824.11 FEET TO A POINT ON THE BOUNDARY OF HACIENDA L` KES QF NAPLES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK_ 55, PAGES 10 THROUGH 21 (INCLUSIVE) OF THE PUBLIC RECORDS OF SAID C, LLIER COUNTY, FLORIDA; THENCE RUN THE FOLLOWING SEVEN (7) COURSES ALONG THE BOUNDARY OF SAID PLAT; COURSE NO. 1: CONTINUE SOUTH $ 30'06" WEST, 504.61 FEET; COURSE NO. 2: SOUTH 87028142" WEST, 1,336.55 FE T4;` BOURSE NO. 3: NORTH 00047'14" EAST, 671.39 FEET; COURSE NO. 4: SOUTH ," WEST, 668.22 FEET; COURSE NO. 5: NORTH 00147137" EAST, 671.11 FEET TO, PO NT ON THE SOUTH LINE OF SAID SECTION 11; COURSE NO. 6: SOUTH 87°25=45 'EST, ALONG THE SOUTH LINE OF SAID SECTION 11, A DISTANCE OF 668.16-F] I, O THE SOUTH 1/4 CORNER OF SAID SECTION 11, ALSO BEING THE NORTH IV4. CORNER OF SAID SECTION 14; COURSE NO. 7: CONTINUE SOUTH 87°25'457-WEST, ALONG THE SOUTH LINE OF SECTION 11, A DISTANCE OF 1,336.12 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 11; THENCE NORTH 00049'13" EAST, ALONG THE BOUNDARY OF LAST SAID PLAT AND ITS NORTHERLY PROLONGATION THEREOF, A DISTANCE OF 1,371.90 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 11; THENCE SOUTH 87038'49" WEST, ALONG THE SOUTH LINE OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 11, A DISTANCE OF 1,235.21 FEET TO A POINT OF THE EAST RIGHT OF WAY LINE OF COLLIER BOULEVARD (COUNTY ROAD 951); THENCE NORTH 00050'49" EAST, *** OR 5977 PG 3936 *** ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 344.10 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE NORTH 87042'04" EAST, A DISTANCE OF 1,235.46 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE SOUTHWEST .1/4 OF SAID SECTION 11; THENCE NORTH 00"49'48" EAST, ALONG LAST SAID, FRACTION, A DISTANCE OF 1,028.46 FEET TO THE NORTHWEST CORNER. 7T E NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 11; THENC H 87057'54" EAST, ALONG THE EAST -WEST 1/4 SECTION LINE OF SAID SECTION 11, A DISTANCE OF 2,669.89 FEET TO THE SOUTHWEST CORNER OFjjfX VAST 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 11; THENCE NORTH 00947.44" EAST, ALONG THE WEST LINE OF SAID FRACTION, A DISTANCE 2,723.1`f FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE NORTH 88°17'54"�;�� EAST, ALONG THE NORTH LINE OF SAID FRACTION, A DISTANCE OF 1,333r.84 I?EET TO THE POINT OF BEGINNING. SAN MARINO RPUD Planned Unit Development Amendment Application BOUNDARY SURVEY AND LEGAL DESCRIPTION Planning + Landscape Architecture N. W. CORNER 11-50-26 S LINE OF 3 �SFCTION THE S. W. 1/4 N 887757" E SECTION 2-50-26 N. LINE OF 10 THE N. W. 1/4 THE 11-50-26 o N. W. 1/4 OF m THE N. W. 1/4 I SECTION 11-50-26 O J I � 0 FIR 1/2" W (LB 1642) �N 88004'51 " E 1� S. LINE OF THE N. W. 1/4 OF THE N. W. 1/4 SECTION 11-50-26 PORTION OF THE N. W. 1/4 OF THE N. W. 1/4 SECTION 11-50-26 /,/ rn/ n�- n/nE�/ C r-n`�r-,, /,/ r-n/ /-\r- n/AE�/ C^ l7L.L_/V V/ /Vrli L.L... l V/\L..%/ 17L_L/V V% /V/-li L.L._. nT nn/' �./ �n /,r^ v`A •l rl� ' ` r-^ v A—'!n L.A/ Bvv/t , /, %/'Il7L_ t—/L/" .�T Bvvit :i, /`/;r FCM 3'X3" TAPERED WITH AMUMINUM DISK N. W. CORNER STAMPED — 043" OF THEN. E 1/4 N. 1/4 CORNER OF THE N.W. 1/4 SEC77ON 11-50-26 SECTION 11-50-26 S. LINE OF THE 2667.29' (BOB) SE. 1/4 N 88 °17'50 " E N 88 °17'57" E 1333. 82' SECTION 2 E 1/4 14 OF 1333.87' N LINE OF THE N.L. 1/4 N. LINE OF THE N.E 1 14 OF THE N. W. 1/4 THE N.11 SECTION 11-5050 -26 FIR 5/8" I SECTION 11-50-26 (LB #43) I ~zh I p W OZ FIR (BENT) 37' WWI S. E CORNER 0 0 0 N. W. 1/4 OF THE W v W ~ N. W. 1/4 J J SECTION 11 I I I I FIR 5/8" 100.0' )(LB6952) S LINE OF THE N. 1/2 OF THE S. 1/2 �F THE S W 1/OF�HE N W O POR TION OF THE S. E CORNER N. W. 1/4 OF N W. 1/4 OF THE THE S. W. 1/4 N. W. 1/4 SECTION 11 MSECTION 11-50-26 FIR 5/8" (PORTELLO) S. E CORNER N. 1/2 OF THE S 1/2 OF THE S. W. 1/4 OF THE N. W 1/4 sEcnoN 11 I I I S LINE OF THE N. E 1/4 OF SECTION 11 S. LINE OF THE N.E. 1/4� — — S LINE OF THE N.W. 1/4 FlR SECTION 11-50-26 �ECT10�11�50-26 N, LINE OF THE S. 1/4 N. LINE OF THE SW 1/4 SECTION 11-50-26 SECTION 11-50-26 FIRENT11-50-26R OF CTION W. 1/4 CORNER 518" SECTION 11-50-26 I (BENT) NO ID. IN O O N. W. 1/4 OF Ll p O THE S. W. 1/4 SECTION 17-50-26 W^ O�Z 100.0' I �v �CD 1= w a o a FIR ____-- � w 1--1 a FIR F/R N. LINE OF THE I S W. 1/4 OF THE S W. J/4 N. E CORNER N. 1/2 OF THE N. 1/2 SECTION 11 I S W. 1/4 OF THE OF THE S W. 1/4 5 W. 1/4 OF THE 11 W. 114— — 2 SECTION 11-50-26 — — SECTION 11 S 1/2 OF THE N. 1/2 I OF THE S. W. 1/4 �s OF THE S. W. 1/4 I h n ^ SECTION 11-50-26 W O ti= N. 1/2 OF THE N 1/2 OF THE S 1/2 � I OF THE S. W. 1/4 OF THE S W. 1/4 SECTION 11-50-26 — — — S.2 S 112 OF 12 OF LS.. —FIR OF THE S. 114 1141OF THE W SECTION 11-50-26 (LB 46'932)41 S 1/4 CORNER SECTION 11 N. 1/4 CORNER FIR 342.92' SECTION 14 S 87°28'56" W 1235.95' __—N 00 °49'13" E p S LINE OF THE 668.16' S. W. 1/4 OF THE S W. 1/4 1336.32 *IMPRO VEMEN TS NO T L OCA TED * S. LINE OF THE SE 1/4 SECT1o1_71-_50-26— N LINE OF THE N.E. 1/4 SECTION 14-50-26 POINT OF BEGINNING FCM 4'X4" NO ID. S.E. CORNER FOREST GLEN OF NAPLES N. E. CORNER 2 �SECTION 11-50-26 j 11112 Z PORTION OF SECTION W 12-50-26 c> Z Q Cj N LINE OF THE N SW 1/4 OF THE N. W. 1 ` OF SECTION 12 FIR N 87 4732" E 018. 80' N W. CORNER OF THE S W. 1/4 OF THE N. W. 1/4 SECTION 12-50-26 SECT/ON — 11 — - - - S 87°2545 W FIR 2004.48 lu FlR FIR S. LINE S E. CORNER S W. 1/4 OF THE SECTION 11-50-26 S W 1/4 r L//-1 IV/'1/ /7nvlL_/VCLIK SECTION 11 55, _ h Z TRACT FD-2 Z FUTURE DEVELOPMENT n /, / r-n / n n / n /%�- - n c- ^' n ''' `-C /7nvlL/VU/"l LJ-l/�'Z L// /V/ I L_L._. FIR FIR OhO V (A. E., D.E.) / nr nn �n/,ram en �� /. ,S872714„ W J W J (P. B. 55, PAGE 10) TRACT FD-2 668- 22' W FUTURE DEVELOPMENT s. W. CORNER N. W. 7/4 OF THE N. W. 1/4 (A.E., D.E.) IC) SECTION 15 S E CORNER (P. B. 55, PAGE 10) < NE 1/4 OF THE NE 1/4 O S LINE OF THE NNE SECTION 14 SECTION O OF THE N.E 1/4 OF SECTION 14 — — — — — — FPKD S 87 28'42 " W 1336.55 FIR ` / /n I' n n I LB #6952 I/A/,/r-A/nn /n/�[-^ nr- n/n J/[-, TRACT FD-2 FUTURE DEVELOPMENT (A. E., D.E.) (P. B. 55, PAGE 10) S. W. 1/4 OF THE N. W. 1/4 SECTION 12-50-26 S LINE OF THE N. W. 1/4 SECTION 12-50-26 — — N. LINE OF THE S. W. 1/4 SECTION 14-50-26 FIR '-- N. E CORNER OF THE S W. 1/4 OF THE N. W. 7/4 SECTION 12-50-26 O 4� o? : C� W O FIR N.E. CORNER OF THE W. 1/2 OF THE S. W. 1/4 SECTION 12-50-26 ti o�z O ti r� C� v Qs V N E CORNER THE N. W. 1/4 10'FW. THE N. 1/4 S LINE OF THE S. W. 1/4 SECTION 13-50-26 SECTION 12-50-26 _ _ _ N. LINE OF THEN. W. 1/4 FIR SECTION 13-50-26 N. W. 1/4 OF THE N. W. 1/4 SECTION 13-50-26 S LINE OF THE N. W. 1/4 OF THE N. W. 1/Y_lJ28-72" OF SECTION 1 S 87°30'06" W 504.61 824.11 ' / / A 1,1 / n-r-rr-n Vl V/ LJ-1/ /LL/ 0 FIR S E. CORNER OF THE N. W. 1/4 OF THE N. W. 1/4 SECTION 13-50-26 0 200 400 800 GRAPHIC SCALE /N FEET 1 "=400' LEGAL DESCRIPTION (PUD BEING A PARCEL OF LAND LYING IN SECTIONS 11, 12, 13, AND 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.- BEGINNING AT THE SOUTHEAST CORNER OF FOREST GLEN OF NAPLES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 31, PAGES 94 THROUGH 103 (INCLUSIVE) OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING THE NORTHEAST CORNER OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 0045'13" WEST, ALONG THE EAST LINE OF THE NORTHEAST 114 OF SAID SECTION 11, A DISTANCE OF 1,J5642 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 114 OF THE NORTHWEST 114 OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST, SAID COLLIER COUNTY, FLORIDA; THENCE NORTH 874732" EAST, ALONG THE NORTH LINE OF SAID FRACTION, A DISTANCE OF 1, 318.80 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE SOUTH 0040'50" WEST, ALONG THE EAST LINE OF SAID FRACTION, A DISTANCE OF 1,353.60 FEET TO THE NORTHEAST CORNER OF THE WEST 112 OF THE SOUTHWEST 114 OF SAID SECTION 12; THENCE SOUTH 0042'14" WEST, ALONG THE EAST LINE OF LAST SAID FRACTION, A DISTANCE OF 2,70726 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST 114 OF THE NORTHWEST 114 OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST, SAID COLLIER COUNTY, FLORIDA; THENCE SOUTH 003929" WEST, ALONG LAST SAID FRACTION, A DISTANCE OF 1,345.37 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE SOUTH 8730'06" WEST, ALONG LAST SAID FRACTION, A DISTANCE OF 824.11 FEET TO A POINT ON THE BOUNDARY OF HACIENDA LAKES OF NAPLES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 55, PAGES 10 THROUGH 21 (INCLUSIVE) OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY, FLORIDA; THENCE RUN THE FOLLOWING NINE (9) COURSES ALONG THE BOUNDARY OF SAID PLAT, COURSE NO. 1: CONTINUE SOUTH 8730'06" WEST, ALONG THE SOUTH LINE OF LAST SAID FRACTION, A DISTANCE OF 504.61 FEET TO THE SOUTHWEST CORNER LAST SAID FRACTION, THE SAME BEING THE SOUTHEAST CORNER OF THE NORTHEAST 114 OF THE NORTHEAST 114 OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, SAID COLLIER COUNTY, FLORIDA; COURSE NO. 2: SOUTH 872842" WEST, ALONG THE SOUTH LINE OF LAST SAID FRACTION, A DISTANCE OF 1,336.55 FEET; COURSE NO. J..• NORTH 0047'14" EAST, 671.39 FEET; COURSE NO. 4: SOUTH 8727'14" WEST 668.22 FEET; COURSE NO. 5.• NORTH 004737" EAST, 671.11 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 11; COURSE NO. 6: SOUTH 8725'45" WEST, ALONG THE SOUTH LINE OF SAID SECTION 11, A DISTANCE OF 668.16 FEET TO THE SOUTH 114 CORNER OF SAID SECTION 11, ALSO BEING THE NORTH 114 CORNER OF SAID SECTION 14; COURSE NO. 7.• CONTINUE SOUTH 872545" WEST, ALONG THE SOUTH LINE OF SAID SECTION 11, A DISTANCE OF 1, 336. 32 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST 114 OF THE SOUTHWEST 114 OF SAID SECTION 11; COURSE NO. 8.• NORTH 0049'13" EAST, ALONG THE WEST LINE OF LAST SAID FRACTION, A DISTANCE OF 34292 FEET; COURSE NO. 9.• SOUTH 872856" WEST, 1,235.95 FEET TO A POINT ON THE EAST RIGHT—OF—WAY LINE OF COLLIER BOULEVARD (COUNTY ROAD 951); THENCE NORTH 0050'45" EAST, ALONG SAID EAST RIGHT—OF—WAY LINE, A DISTANCE OF J,78508 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST 114 OF THE NORTHWEST 114 OF SAID SECTION 11, THENCE NORTH 88 0451 ' EAST, ALONG THE SOUTH LINE OF LAST SAID FRACTION, A DISTANCE OF 1,234.37 FEET TO THE SOUTHEAST CORNER OF LAST SAID FRACTION; THENCE NORTH 00 4948" EAST, ALONG THE WEST LINE OF LAST SAID FRACTION, A DISTANCE OF 1,371.98 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST 114 OF THE - NORTHWEST 114 OF SAID SECTION 11, THE SAME BEING A POINT ON THE BOUNDARY OF AFORESAID FOREST GLEN OF NAPLES PLAT, THENCE RUN THE FOLLOWING TWO (2) COURSES ALONG THE BOUNDARY OF SAID PLA T; COURSE NO. 1: NORTH 88`1757" EAST, ALONG THE NORTH LINE OF LAST SAID FRACTION, A DISTANCE OF 1,333.82 FEET TO THE NORTH 114 CORNER OF SAID SECTION 11; COURSE NO. 2.• NORTH 88°17'50' EAST ALONG THE NORTH LINE OF THE NORTHWEST 114 OF THE NORTHEAST 114 OF SAID SECTION 11, A DISTANCE OF 2,66729 FEET TO THE POINT OF BEGINNING. CONTAINING 35, 876, 756 SQUARE FEET OR 823. 617 ACRES, MORE OR LESS. ABBREVIATIONS BOB = BASIS OF BEARING C = COMMITMENT C/L = CENTERLINE EOP = EDGE OF PAVEMENT FIR = FOUND 5/8" IRON ROD NO ID (UNLESS OTHERWISE NOTED) FPL = FLORIDA POWER AND LIGHT M = MEASURED NAVD = NORTH AMERICAN VERTICAL DATUM P = PLAT CR = COUNTY ROAD F/K/A = FORMERLY KNOWN AS NO TES PRM = PERMANENT REFERENCE MONUMENT PSM = PROFESSIONAL SURVEYOR AND MAPPER A.E. = ACCESS EASEMENT R/W = RIGHT OF WAY LINE SIR = SET 5/8 IRON ROD AND CAP LB 6897 O.R. = OFFICIAL RECORD BOOK PG. = PAGE SECT. = SECTION 1. BEARINGS ARE BASED ON THE SOUTH LINE OF FOREST GLEN OF NAPLES, AS RECORDED IN PLAT BOOK 31, PAGES 94-103 (INCLUSITVE), AS BEING NORTH 88`77'57" EAST AND RELATE TO THE FLORIDA STATE PLANE COORDINATE SYSTEM FOR FLORIDA ZONE EAST, NORTH AMERICAN DATUM OF 1983, 1990 ADJUSTMENT (NAD83/90). 2 ELEVATIONS ARE BASED ON NA. V.D., 1988 UNLESS NOTED. J. FIELD MEASUREMENTS ARE IN SUBSTANTIAL AGREEMENT WITH PLAT AND/OR DEED CALLS UNLESS NOTED. 4. SUBJECT TO EASEMENTS, RESERVA TIONS AND RESTRICTIONS OF RECORD. 5. SURVEY PERFORMED WITH BENEFIT OF TITLE COMMITMENT BY OLD REPUBLIC NA TIONAL TITLE INSURANCE COMPANY, HAVING OFFICE FILE #2206.223, WITH AN EFFECTIVE DATE OF JUNE 17, 2019 A T 11. 00 P. M. 6. SURVEYORS CERTIFICATION DOES NOT APPLY TO MATTERS OF TITLE, ZONING, OR FREEDOM OF ENCUMBRANCES, AND IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 7 NO UNDERGROUND UTILITIES, FOUNDATIONS OR OTHER UNDERGROUND INSTALLATIONS WERE LOCH TED UNLESS SHOWN. 8. NO OTHER PERSONS OR ENTITIES, OTHER THAN SHOWN, MAY RELY ON THIS SURVEY. 9. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS OTHERWISE NOTED. 10. PROPERTY OWNER SHOULD OBTAIN WRITTEN FLOOD ZONE DETERMINATION FROM OUR LOCAL PERMITTING, PLANNING, AND BUILDING DEPARTMENT PRIOR TO ANY CONSTRUCTION PLANNING AND/OR CONSTRUCTION. CERTIFICATION: I CERTIFY THAT THIS SURVEY WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.052-053, FLORIDA ADMINISIRA TII/E CODE, PURSUANT CHAPTER 472.027, FLORIDA STATUTES JOHN SCOTT RHODES PSM #5739 BOUNDARY SURVEY design: FOR PUD I drawn: CERTIFIED TO: STOCK DEVELOPMENT, LLC OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY COLEMAN, YOVANOVICH & KOESTER, P.A. Pg: date: 1017 58 AUGUST 2021 1161 1-4 scale: 1"=400' cogo #: 14-25 FLOOD ZONE: PANEL NO.: ZONE X, X500, AH, AE-EL: 10.5 12021C 0418 H MAP REVISION DATE MAY 16, 2012 LEGAL DESCRIPTION BEING A PARCEL OF LAND LYING IN SECTIONS 11, 12, 13, AND 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF FOREST GLEN OF NAPLES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 31, PAGES 94 THROUGH 103 (INCLUSIVE) OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING THE NORTHEAST CORNER OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 00°45' 13" WEST, ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 11, A DISTANCE OF 1,356.42 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 26 EAST, SAID COLLIER COUNTY, FLORIDA; THENCE NORTH 87°47'32" EAST, ALONG THE NORTH LINE OF SAID FRACTION, A DISTANCE OF 1,318.80 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE SOUTH 00°40'50" WEST, ALONG THE EAST LINE OF SAID FRACTION, A DISTANCE OF 1,353.60 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 12; THENCE SOUTH 00°42'14" WEST, ALONG THE EAST LINE OF LAST SAID FRACTION, A DISTANCE OF 2,707.26 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST, SAID COLLIER COUNTY, FLORIDA; THENCE SOUTH 00039'29" WEST, ALONG LAST SAID FRACTION, A DISTANCE OF 1,345.37 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE SOUTH 87°30'06" WEST, ALONG LAST SAID FRACTION, A DISTANCE OF 824.11 FEET TO A POINT ON THE BOUNDARY OF HACIENDA LAKES OF NAPLES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 55, PAGES 10 THROUGH 21 (INCLUSIVE) OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY, FLORIDA; THENCE RUN THE FOLLOWING NINE (9) COURSES ALONG THE BOUNDARY OF SAID PLAT; COURSE NO. 1: CONTINUE SOUTH 87°30'06" WEST, ALONG THE SOUTH LINE OF LAST SAID FRACTION, A DISTANCE OF 504.61 FEET TO THE SOUTHWEST CORNER LAST SAID FRACTION, THE SAME BEING THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, SAID COLLIER COUNTY, FLORIDA; COURSE NO. 2: SOUTH 87°28'42" WEST, ALONG THE SOUTH LINE OF LAST SAID FRACTION, A DISTANCE OF 1,336.55 FEET; COURSE NO. 3: NORTH 00°47'14" EAST, 671.39 FEET; COURSE NO. 4: SOUTH 87°27'14" WEST, 668.22 FEET; COURSE NO. 5: NORTH 00°47'37" EAST, 671.11 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 11; COURSE NO. 6: SOUTH 87°25'45" WEST, ALONG THE SOUTH LINE OF SAID SECTION 11, A DISTANCE OF 668.16 FEET TO THE SOUTH 1/4 CORNER OF SAID SECTION 11, ALSO BEING THE NORTH 1/4 CORNER OF SAID SECTION 14; COURSE NO. 7: CONTINUE SOUTH 87025'45" WEST, ALONG THE SOUTH LINE OF SAID SECTION 11, A DISTANCE OF 1,336.32 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 11; COURSE NO. 8: NORTH 00'49'13" EAST, ALONG THE WEST LINE OF LAST SAID FRACTION, A DISTANCE OF 342.92 FEET; COURSE NO. 9: SOUTH 87°28'56" WEST, 1,235.95 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF COLLIER BOULEVARD (COUNTY ROAD 951); THENCE NORTH 00°50'45" EAST, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 3,785.08 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 11, THENCE NORTH 88°04'51' EAST, ALONG THE SOUTH LINE OF LAST SAID FRACTION, A DISTANCE OF 1,234.37 FEET TO THE SOUTHEAST CORNER OF LAST SAID FRACTION; THENCE NORTH 00°49'48" EAST, ALONG THE WEST LINE OF LAST SAID FRACTION, A DISTANCE OF 1,371.98 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 11, THE SAME BEING A POINT ON THE BOUNDARY OF AFORESAID FOREST GLEN OF NAPLES PLAT; THENCE RUN THE FOLLOWING TWO (2) COURSES ALONG THE BOUNDARY OF SAID PLAT; COURSE NO. 1: NORTH 88° 17'57" EAST, ALONG THE NORTH LINE OF LAST SAID FRACTION, A DISTANCE OF 1,333.82 FEET TO THE NORTH 1/4 CORNER OF SAID SECTION 11; COURSE NO. 2: NORTH 88°17'50' EAST, ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 11, A DISTANCE OF 2,667.29 FEET TO THE POINT OF BEGINNING. CONTAINING 35,876,756 SQUARE FEET OR 823.617 ACRES, MORE OR LESS. SAN MARINO RPUD Planned Unit Development Amendment Application PROTECTED SPECIES SURVEY Planning + Landscape Architecture SAN MARINO RPUD COLLIER COUNTY ENVIRONMENTAL DATA REPORT February 2022 Prepared For: SD San Marino, LLC 2647 Professional Circle, Suite 101 Naples, Florida 34119 (239) 449-5227 Prepared By: Passarella & Associates, Inc. 13620 Metropolis Avenue, Suite 200 Fort Myers, Florida 33912 (239) 274-0067 Project No. 19SDL3044 TABLE OF CONTENTS Page 1.0 Introduction........................................................................................................................1 2.0 Environmental Data Authors.............................................................................................1 3.0 Zoning and Permitting History..........................................................................................1 3.1 San Marino.............................................................................................................2 3.2 Willow Run............................................................................................................2 3.3 Lido Isles................................................................................................................2 3.4 Cracklin Jack's.......................................................................................................2 4.0 Vegetation Descriptions.....................................................................................................3 4.1 San Marino.............................................................................................................3 4.2 Willow Run............................................................................................................3 4.3 Lido Isles................................................................................................................4 4.4 Cracklin Jack's.......................................................................................................4 5.0 Listed Species Surveys......................................................................................................4 5.1 San Marino.............................................................................................................4 5.2 Willow Run............................................................................................................5 5.3 Lido Isles................................................................................................................5 5.4 Cracklin Jack's.......................................................................................................6 6.0 Native Vegetation Preservation.........................................................................................6 6.1 San Marino.............................................................................................................6 6.2 Willow Run............................................................................................................6 6.3 Lido Isles................................................................................................................6 6.4 Cracklin Jack's.......................................................................................................6 7.0 Summary............................................................................................................................ 8 8.0 References..........................................................................................................................8 0 LIST OF TABLES Page Table 1. Cracklin Jack's Native and Non -Native Habitat Types and Vegetation Acreages.......................................................................................7 Table 2. Minimum Native Vegetation Preservation Requirements.....................................7 ii LIST OF EXHIBITS Page Exhibit 1. Project Location Map......................................................................................... E l -1 Exhibit 2. Aerial with Project Boundary............................................................................ E2-1 Exhibit 3. Aerial with Boundary.........................................................................................E3-1 SanMarino...................................................................................................... E3A-1 WillowRun..................................................................................................... E313-1 LidoIsles......................................................................................................... E3C-1 CracklinJacks................................................................................................. E3D-1 Exhibit 4. Aerial with FLUCFCS and Wetlands map........................................................E4-1 SanMarino......................................................................................................E4A-1 WillowRun..................................................................................................... E413-1 LidoIsles......................................................................................................... E4C-1 CracklinJack's................................................................................................E5D-1 Exhibit 5. FLUCFCS Descriptions..................................................................................... E5-1 SanMarino......................................................................................................E5A-1 WillowRun..................................................................................................... E513-1 LidoIsles......................................................................................................... E5C-1 CracklinJack's................................................................................................E5D-1 Exhibit 6. Listed Species Surveys......................................................................................E6-1 SanMarino......................................................................................................E6A-1 WillowRun..................................................................................................... E613-1 LidoIsles......................................................................................................... E6C-1 CracklinJack's................................................................................................ E6D-1 Exhibit 7. Native Vegetation Map...................................................................................... E7-1 SanMarino......................................................................................................E7A-1 WillowRun..................................................................................................... E713-1 LidoIsles......................................................................................................... E7C-1 CracklinJack's................................................................................................ E7D-1 iii 1.0 INTRODUCTION The following environmental data report is provided in support of the rezoning application for San Marino Residential Planned Unit Development (RPUD) (Project). The following information was prepared in accordance with the Collier County (County) environmental data submittal requirements outlined in Chapter 3.08.00 of the County Land Development Code (LDC). The Project is located in Sections 11, 12, 13, and 14; Township 50 South, Range 26 East, Collier County. More specifically, it is located on the east side of Collier Boulevard (County Road (CR) 951), approximately 1.5 miles south of the intersection of Davis Boulevard and Collier Boulevard (CR 951) (Exhibit 1) and bordered by Forest Glen Golf Club to the north; undeveloped land, Picayune Strand State Forest (PSSF) and Collier Boulevard (CR 951) to the east; and the permitted Hacienda Lakes residential development to the south (Exhibit 2). The Project includes the rezoning and incorporation of three adjacent parcels into the San Marino RPUD. The parcels in the rezoning application include San Marino, Willow Run, Lido Isles, and Cracklin Jack's (Exhibit 2). This report includes details regarding the prior zoning authorizations, authors' qualifications, vegetation descriptions for the various on -site habitats, results of the listed species surveys conducted by Passarella & Associates, Inc. (PAI), and the minimum native vegetation preservation requirements. 2.0 ENVIRONMENTAL DATA AUTHORS This report was prepared by Brett Bartek and Bethany Brosious. They both satisfy the environmental credential and experience requirements, per Section 3.08.00(A)2 of the County LDC. Mr. Bartek is an Ecologist with PAI, with 2 years of consulting experience in the environmental industry. He holds a Bachelor of Science degree in Interdisciplinary Sciences from the University of West Florida and a Master of Science degree in Biology from Miami University. Ms. Brosious is a Senior Ecologist with PAI, with 15 years of consulting experience in the environmental industry. She holds a Bachelor of Science degree in Animal Sciences from the University of Florida and a Master of Science degree in Environmental Sciences from Florida Gulf Coast University. 3.0 ZONING AND PERMITTING HISTORY The Project includes the rezoning and incorporation of three adjacent parcels into the San Marino RPUD. The parcels in the rezoning application include San Marino, Willow Run, Lido Isles, and Cracklin Jack's (Exhibit 2). A brief summary of zoning and permitting history for each of the parcels is included below. 3.1 San Marino In 2015, San Marino Zoning Resolution No. PUDA-PL201400000100 was approved for an RPUD on the parcel. Per the zoning resolution, 57.71± acres of native vegetation were required to be retained on -site. South Florida Water Management District (SFWMD) Permit No. 11-03664-P and U.S. Army Corps of Engineers (COE) Permit No. SAJ-1999-01251 were issued for the Project in February 2016 and April 2018, respectively. The parcel is currently comprised of previously cleared, disturbed land and an on -site preservation area (Exhibit 3a). 3.2 Willow Run In 2014, Willow Run Zoning Resolution PUDZ-PL20130000682 was approved for an RPUD on the parcel. Per the zoning resolution, 149.19± acres of native vegetation were required to be retained on -site. SFWMD Permit No. 11-03730-P-02 and COE Permit No. SAJ-1996-04158 were issued for the Project in June 2016 and February 2020, respectively. The parcel is comprised of an existing mining operation with undeveloped forested upland and wetland areas that are infested with exotic vegetation and an on -site preserve area (Exhibit 3b). 3.3 Lido Isles In 2015, Lido Isles Zoning Resolution PUDZ-PL20140000393, was approved for an RPUD on the parcel. Per the zoning resolution, 4.73± acres of native vegetation were required to be retained on -site. SFWMD Permit No. 11-03614-P was issued for the Project in October 2015 and a no permit required verification was issued by the Florida Department of Environmental Protection in August 2021. The Project site consists of a utility easement and forested uplands and wetlands with varying degrees of exotic vegetation (Exhibit 3c). 3.4 Cracklin Jack's The parcel has no prior zoning authorizations or existing environmental permits and is comprised of a utility easement; undeveloped land; and forested upland and wetland areas that have been invaded to various degrees by exotic vegetation, abandoned buildings, a parking area and disturbed land (Exhibit 3d). 2 4.0 VEGETATION DESCRIPTIONS The vegetation associations for the Project were delineated using rectified color aerials and groundtruthing was conducted to ensure accuracy. These delineations were classified based on the nomenclature of the Florida Land Use, Cover and Forms Classification System (FLUCFCS) Levels III and IV (Florida Department of Transportation 1999). Level IV FLUCFCS was utilized to denote disturbance and ` E" codes were used to identify levels of exotic species invasion (i.e., melaleuca (Melaleuca quinquenervia), earleaf acacia (Acacia auriculiformis), downy rose -myrtle (Rhodomyrtus tomentosa), and Brazilian pepper (Schinus terebinthifolia)). AutoCAD Map 3D 2021 software was used to determine the acreage of each mapped polygon, produce summaries, and generate the final FLUCFCS map for each Project. 4.1 San Marino Updated vegetation mapping for the parcel was conducted in March 2013. A total of seven vegetative associations and land uses (i.e., FLUCFCS codes) were identified on the parcel. The dominant habitat type on the parcel is comprised of the previously cleared development area, which is identified as Disturbed Land (FLUCFCS Code 740), accounting for 73.7 percent of the property (144.77± acres). A FLUCFS map and a list of on -site habitat types and descriptions are included as Exhibits 4a and 5a, respectively. The parcel contains 13.59± acres of SFWMD jurisdictional wetlands, which are located in the on -site preserve area (Exhibit 4a). A list of wetland habitat types is included in Exhibit 5a. 4.2 Willow Run Updated vegetation mapping for the parcel was conducted in January 2014. A total of 43 vegetative associations and land uses (i.e., FLUCFCS codes) were identified on the property. The dominant habitat type on the property is Rock Quarry (FLUCFCS Code 163), accounting for 39.2 percent of the property (219.30± acres). Exotic vegetation documented on -site includes, but is not limited to, Brazilian pepper, earleaf acacia, torpedograss (Panicum repens), and melaleuca. The degree of exotic infestation ranges from zero to nearly 100 percent cover. A FLUCFS map and a list of on -site habitat types and descriptions are included as Exhibits 4b and 5b, respectively. The Project site contains 147.88± acres of SFWMD wetlands and 222.14± acres of SFWMD other surface water (OSW) (Exhibit 4a). A table summarizing the acreages and description of each of the FLUCFCS classifications are provided as Exhibit 4b. The wetland quality within the limits of the existing mining operation has been diminished by previously authorized site disturbance; a degraded regional hydrologic connection; and the infestation of exotic vegetation including Brazilian pepper, torpedograss, melaleuca, and earleaf acacia. 3 4.3 Lido Isles Vegetation mapping for the parcel was conducted in January 2014. A total of 15 vegetative associations and land uses (i.e., FLUCFCS codes) were identified on the parcel. The dominant habitat type on the property is Cypress/Pine/Cabbage Palm, Disturbed (25-75% Exotics) (FLUCFCS Codes 6249 E2, E3), accounting for 24.4 percent of the property (5.94± acres). Exotic vegetation documented on -site includes, but is not limited to, Brazilian pepper, earleaf acacia, torpedograss, and melaleuca. The degree of exotic infestation ranges from zero to nearly 100 percent cover. A FLUCFS map and a list of on - site habitat types and descriptions are included as Exhibits 4c and 5c, respectively. The Project site contains 15.15± acres of SFWMD jurisdictional wetlands (Exhibit 4c). A table summarizing the acreages and description of each of the FLUCFCS classifications are provided as Exhibit 5c. The on -site wetland quality has been diminished by a degraded regional hydrologic connection, and the infestation of exotic vegetation including Brazilian pepper, torpedograss, melaleuca, and earleaf acacia. 4.4 Cracklin Jack's Vegetation mapping was conducted for the parcel in December 2021 and a total of nine vegetative associations and land uses (i.e., FLUCFCS codes) were identified on the parcel. The dominant habitat type on the property is Cypress/Pine/Cabbage Palm, Disturbed (50- 100% Exotics) (FLUCFCS Codes 6249 E3, E4), accounting for 56.6 percent of the property (2.75± acres). Exotic vegetation documented on -site includes, but is not limited to, Brazilian pepper, earleaf acacia, torpedograss, and melaleuca. The degree of exotic infestation ranges from 50 to nearly 100 percent cover. A FLUCFS map and a list of on - site habitat types and descriptions are included as Exhibits 4d and 5d, respectively. The Project site contains 3.11± acres of SFWMD jurisdictional wetlands and 0.14± acre of SFWMD OSW (Exhibit 4d). A table summarizing the acreages and description of each of the FLUCFCS classifications are provided as Exhibit 5d. The on -site wetland quality has been diminished by a degraded regional hydrologic connection, and the infestation of exotic vegetation including Brazilian pepper, torpedograss, melaleuca, and earleaf acacia. 5.0 LISTED SPECIES SURVEYS 5.1 San Marino Listed plant and wildlife species surveys were conducted by PAI on the parcel in April and May 2006, February 2014, and most recently in January 2022. No listed wildlife or plant species were observed during the January 2022 listed species survey. The listed species survey methodology and results for January 2022 are provided as Exhibit 6a. In April 2017, the USFWS issued a Biological Opinion for the Project and addressed potential impacts to the Eastern indigo snake (Drymarchon corais couperi), wood stork (Mycteria americana), red -cockaded woodpecker (Picoides borealis), Florida bonneted bat (Eumops floridanus), and Florida panther (Puma concolor coryi). 5.2 Willow Run Listed plant and wildlife species surveys were conducted by PAI on the parcel in October 2014, and most recently in July 2021. During the July 2021 survey, Florida panther tracks and nine gopher tortoise (Gopherus polyphemus) burrows were documented on the parcel. The Florida panther is a state and federally listed endangered species and the gopher tortoise is a state listed threatened species. The listed species survey methodology and results are provided as Exhibit 6b. Listed plant species documented included stiff -leaved wild pine (Tillandsia fasciculata), giant airplant (Tillandsia utriculata), inflated wild pine (Tillandsia balbisiana), Simpson's stopper (Myrcianthes fragrans), and Florida butterfly orchid (Encyclia tampensis). The cardinal airplant and giant airplant are listed as endangered by the FDACS and designated a "Less Rare" species per the County's LDC (Section 3.04.03). The Northern needleleaf (a.k.a. inflated wild pine) is listed as threatened by the FDACS and is also designated a "Less Rare" species per the County's LDC (Section 3.04.03). The Simpson's stopper is listed as threatened by the FDACS. The Florida butterfly orchid is listed as commercially exploited by the FDACS and designated a "Less Rare" species per the County's LDC (Section 3.04.03). In May 2020, the USFWS issued a Biological Opinion for the Project was issued by the USFWS on May 19, 2020, and addressed potential impacts to the Florida panther, Florida bonneted bat, red -cockaded woodpecker, wood stork, and Eastern indigo snake. 5.3 Lido Isles Listed plant and wildlife species surveys were conducted by PAI on the parcel in April 2014, September 2016, and most recently in January 2022. No listed wildlife species were observed during the January 2022 survey. Three listed plant species, the Florida butterfly orchid, inflated wild pine, and stiff -leaved wild pine were scattered throughout the Project. The FDACS lists the Florida butterfly orchid as commercially exploited, the inflated wild pine as threatened, and the stiff -leaved wild pine as endangered. All three species are listed on the "Less Rare" Plant list per the County's LDC Section 3.04.03. The listed species survey methodology and results are provided as Exhibit 6c. 5 5.4 Cracklin Jack's A listed plant and wildlife species survey was conducted by PAI on the parcel on December 2, 2021. No listed wildlife species were observed during the listed species survey. The listed species survey methodology and results are provided as Exhibit 4. Two Florida panther (FP) telemetry points from FP No. 148 and 219 were historically documented on the parcel. Both panthers were reported as deceased in 2015. The Florida panther is a state and federally listed endangered species. Scattered occurrences of three listed plant species were documented on -site. They included the stiff -leaved wild pine, inflated wild pine, and Florida butterfly orchids. The stiff -leaved wild pine, inflated wild pine, and Florida butterfly orchid are listed as endangered, threatened, and commercially exploited, respectively, by the FDACS. All three species are listed on the County's "Less Rare" Plant list. Although these plants are protected at the state and local levels of government, they are rather ubiquitous to Southwest Florida. None of the documented species are federally listed. The listed species survey methodology and results are provided as Exhibit 6d. 6.0 NATIVE VEGETATION PRESERVATION 6.1 San Marino Per San Marino Zoning Resolution No. PUDA-PL201400000100, 57.71± acres of native vegetation were required to be retained on -site. Existing native vegetation is depicted in Exhibit 7a. 6.2 Willow Run Per Willow Run Zoning Resolution No. PUDZ-PL20130000682, 149.19± acres of native vegetation were required to be retained on -site. Existing native vegetation is depicted in Exhibit 7b. 6.3 Lido Isles Per Lido Isles Zoning Resolution No. PUDZ-PL20140000393, 4.73± acres of native vegetation were required to be retained on -site. Existing native vegetation is depicted in Exhibit 7c. 6.4 Cracklin Jack's The parcel is comprised of 3.16± acres of native vegetation. A 0.53± acre utility easement that bisects the eastern portion of the parcel, 0.23± acre of Open Land, 0.14± acre of Ditch, 2 0.68± acre of Disturbed Land, and 0.12± acre of Spoil Area were classified as non-native vegetation and were excluded from the native vegetation calculation (Exhibit 7d). Section 3.05.07.B.I of the County's LDC requires the retention and preservation of ten percent of the on -site native vegetation for a residential or mixed -use development in the non -coastal high hazard area, which equates to a 0.32f acre preserve requirement (i.e., 3.16± acres of native vegetation x 0.10 = 0.32± acre of required native vegetation preserve) for this parcel. Table 1 provides a summary of the native vegetation communities on -site and the native vegetation preservation calculation. Table 1. Cracklin Jack's Native and Non -Native Habitat Types and Vegetation Acreages FLUCFCS Code Description Native Acreage Non -Native Acreage 190 Open Land - 0.23 4159 E4 Pine, Disturbed 76-100% Exotics 0.41 - 514 Ditch - 0.14 6249 E3 Cypress/Pine/Cabbage Palm, Disturbed 50-75% Exotics 2.54 - 6249 E4 Cypress/Pine/Cabbage Palm, Disturbed 76-100% Exotics 0.21 - 740 Disturbed Land - 0.68 743 1 Spoil Area - 0.12 830 Utilities - 0.17 8301 Utilities, H dric - 0.36 Total 3.16 1.70 Minimum Retained Native Vegetation Requirement 0.32 Based on the minimum native vegetation preservation requirements previously determined for San Marino, Willow Run, and Lido Isles and in combination with the minimum native vegetation preservation requirement for the Cracklin Jack's parcel, the total native vegetation preservation requirement for the Project is 211.99± acres (Table 2). Table 2. Minimum Native Vegetation Preservation Requirements Project Name Prior Zoning Resolution Required Native Vegetation Preservation San Marino PUDA-PL201400000100 57.71 Willow Run PUDZ-PL20130000682 149.19 Lido Isles PUDZ-PL20140000393 4.73 Cracklin Jacks N/A 0.32 Total 211.99 7 7.0 SUMMARY The applicant proposes to preserve a total of 267.7± acres of on -site native vegetation of the Project, which exceeds the County's minimum native vegetation preservation requirements for the Project. The preservation area provided is a combination of conservation lands previously designated on the San Marino and Willow Run parcels. Please see the Master Concept Plan for the location of the on -site preserve area. The preserve area location is consistent with Sections 3.05.07.A.4 and 3.05.07.A.5 of the County's LDC and allows for habitat connectivity to the PSSF and other off -site undeveloped lands. Enhancement activities within the preserve area will include the continued maintenance and treatment of exotic vegetation. In addition, the preserve area will be protected in perpetuity via a conservation easement. 8.0 REFERENCES Florida Department of Transportation. 1999. Florida Land Use, Cover and Forms Classification System. Procedure No. 550-010-001-a. Second Edition. EXHIBIT 1 PROJECT LOCATION MAP T�msS s+# i2 r g,�.. �� '� _ 4TH AVE NE Y OR�GE BLOSSOM DRY. • 2ND AVE NE - -- GOLD.ENGATE BLVDE m ❑ W Ar - .. m r -GOLDEN GATE BLV.D W '.�w w w w.w w w w w w" i Nmm ww moot' w 2ND AVE SE m _❑ ¢ - F r r r r ~ ~ �` .4TH AVE SE rL ¢ '^'�Z"-":..i•:%•" w"�. . .x•�❑x.x rsxxx= ❑'6TH AVE SE .. 8TH AVE SE - ~ Z EXITPINE RIDGE RD; WHITEnBLVD 10T.H AVE SE D❑ 107 12TH'AVE SE 14T H AVE SE ❑ z O z N w ! m LL A GREEN BLVD- .o m 16TH AVE SW 9 16TH AVE SE w _ -18TH AVE SE 20THAVE SE -, O F j 22ND AVE SE'- x .: .. ...;: 24TH AVE SE.: C) F KEANE AVE O O m o= z EXIT o ❑ . N 3. . wi 00 GOB-OEN GATE PK'1dY 105 > "' = z w i m 32ND.ME SW \\ ¢ m EXIT :.. a 101 w h.' 1 z m �' °i ;.•F RADIO RD 75 — - - -- - - r r. •- �,,,a: - BLAOKBURN.RD w = 48T:H AVE-SE "1ST'AV E'S.r50THAVE SE STHAVF =' ESTEY AVE ,: _'.r'"�.'•';--52N.D VE-SE ;w..S DAVIS BLVD•'`• I 5 TH.•AVE SE 1 56TH'AVE SE .. � z ST -AVE SE--; .. 60T H AV E-S E -.-•, ..'AVE-SE -- :�SE— SEER Q... lz p_a,h o �. - THOMASS RATTi"ESNAKE HAM MOCKiRD j, .,,-•' - 70T AVE-SE y �. �i O�O�..-...' m 7• DAV E-SE :'.&" .. .�, '�1, z :,W...� •— 4TH AVE;SE p y • ""�� 1 .. J SABAL PALM RD 6T AVE z - J ❑ 78T�H AVE SE 80TH AVE SE 1yDR' 00 82ND AVE SE Y v. ry 84TH AVE SE 86TH AVE SE 9� 88TH AVE SE 90TH AVE SE AVE SE 94TH PRICE 7SS ^' , --... T AVE SE �„••-.-.�'��'': 96TH AVE SE `. .:..,.' 98TH AVE SE ... STEWART-BLVD f�, 102ND AVE SE GULF 104TH AVE SE' Il OF �a "�T �W. 11.3, 106TH AVE SE mq: p s'w„ i s r•f MEXICO 110TH AVE SE w='vim - ❑ 112TH AVE SE G yO p ».,.. 4.Y �� rw� � 114TH AVE SE 1r. 116THAVE.SE -- rol • �.Ly, 118TH VE S i EXHIBIT 2 AERIAL WITH SAN MARINO RPUD BOUNDARY EXHIBIT 3 AERIAL WITH BOUNDARY Ac9°�Unh^ REVISIONS Q ! I DATE DRAWN BY P.F. DESIGNED BY B.B. REVIEWED BY B.B. DATE 01/18/22 13620 Metropolis Avenue DATE Suite 200 01/18/22 Ft. Myers, FL 33912 DATE Phone (239) 274.0067 01/18/22 Fax (239) 274.0069 rkPPASSARELLA 2 g & ASSOCIATES z 0;- I NOTES: r;! AERIAL PHOTOGRAPHS WERE ACQUIRED THROUGH THE COLLIER COUNTY PROPERTY APPRAISER'S OFFICE WITH A FLIGHT DATE OF DECEMBER 2020. PROPERTY BOUNDARY PER WALDROP ENGINEERING, INC. DRAWING NO. 3730201BASE 2015-04-IO.DWG DATED MARCH 15, 2015. DRAWING No. SAN MARINO 19SDL3044 AERIAL WITH BOUNDARY SHEET No. EXHIBIT 3A 1 NOTES: AERIAL PHOTOGRAPHS WERE ACQUIRED THROUGH THE COLLIER COUNTY PROPERTY APPRAISER'S OFFICE WITH A FLIGHT DATE OF DECEMBER 2020 PROPERTY BOUNDARY PER RHODES AND RHODES LAND SURVEYING, INC. DRAWING NO. 2014-25PLAT-BNDY TO ENGINEER 11-18-14.DWG DATED NOVEMBER 18, 2014. REVISIONS DATE DRAWN BY DATE DRAWING No. T.S. 1/27/22 13620 Metropolis Avenue DESIGNED BY DATE Suite 200 PASSARELLA WILLOW RUN 19SDL3044 B.B. 1/27/22 Ft. Myers, FL 33912 SHEET No. Phone(239) 274.0067 g & ASSOCIATES z AERIAL WITH BOUNDARY REVIEWED BY DATE - EXHIBIT 3B B.B. 1/27/22 Fax (239) 274.0069 lqr :*y � � 6+Y, a t.� ti �� : 'ir^., v� ate•;''`\ ., ='L _. - Jr.. •,i .;.'. w{ µ Y, E• %r. ,fit.: rti`. L'h .<.! 4'"� % ''+` �..��_ ,d ALE: 7' — l 1 _pF '.b�' A, y,�'�• �` �>,. tea' Ya i O', Ar a�' ! yy �•�,�i2� .. '` :A . 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"''F a,''.':34 W_�(6y' •r~'', �.C. e•: , "�p,�,�v .Y-'-.«rtiset:•. �i.'. + x •PROPERTY _. �Y.-.. -.. a. �ii.T.:.. - •� _ ��r �h Y:-i"':.� r.lM- ` <. - '4r�y�, Tt .. - � _ ^.^ s �•.�,. �;�,.'j�: �, �_,�" .11 �. ®DRAWN BY DATE DRAWING No. T.S. 1/27/22 13620 Metropolis Avenue • ' 1 EXHIBIT 4 AERIAL WITH FLUCFCS AND WETLANDS xv; LEGEND: lSFWMD WETLANDS (48.66 Ac.±) V SURVEYED WETLAND LINE FLUCFCS % OF CODES DESCRIPTIONS ACREAGE TOTAL 411 PINE FLATWOODS 0.47Ac.± 0.2% 415 PINE 1.50Ac.± 0.8% 426 TROPICAL HARDWOODS 1.03 Ac.± 0.5% 621 CYPRESS 4.97Ac.± 2.5% 624 CYPRESS/PINE/CABBAGE PALM 42.94Ac.± 21.9% 625 PINE, HYDRIC 0.75Ac.± 0.49/6 740 DISTURBED LAND 144.77Ac.± 73.7% TOTAL 196.43 Ac.± 100.0% NOTES: AERIAL PHOTOGRAPHS WERE ACQUIRED THROUGH THE COLLIER COUNTY PROPERTY APPRAISER'S OFFICE WITH A FLIGHT DATE OF DECEMBER 2020 PROPERTY BOUNDARY AND SITE PLAN PER WALDROP ENGINEERING, INC. DRAWING NO. 3730201BASE 2015- 04-IO.DWG DATED MARCH 15, 2015. FLUCFCS LINES ESTIMATED FROM I"=200' AERIAL PHOTOGRAPHS AND LOCATIONS APPROXIMATED. FLUCFCS PER FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCFCS) (FDOT 1985). SURVEYED WETLAND LINES SHOWN PER RWA DRAWING No. FIELD LOCATED SFWMD LINE.DWG DATED FEBRUARY 19, 1999. WETLAND LINES FIELD VERIFIED BY CRAIG SCHMITTLER (SFWMD) ON JANUARY 7, 1999, RE -VERIFIED BY CATHERINE HAWKINS (SFWMD) ON MAY 10, 2006, AND BY JEWELENE HARRIS (SFWMD) ON OCTOBER 8, 2014. REVISIONS DATE DRAWN BY DATE DRAWING No. R.F., H.H. 01/19/22 13620 Metropolis Avenue DESIGNED BY DATE Suite 200 PASSARELLA SAN MARINO 19SDL3044 B.B. 01/19/22 Ft. Myers, FL 33912 SHEET No. Phone (239) 274-0067 VIEki REVIEWED BY DATEs� & ASSOCIATES ? AERIAL WITH FLUCFCS AND WETLANDS MAP EXHIBI,I, 4A B.B. 01/19/22 Fax (239) 274.0069 LEGEND: REVISIONS DATE DRAWN BY DATE R.F., H.H. 01/19/22 13620 Metropolis Avenue DESIGNED BY DATE Suite 200 PASSARELLA B.B. 01/19/22 Ft. Myers, FLL 33912 Pl,tn,,,'g ssoclATEsREVIEWED BY DATE Phone (239) 274-0067 gists U B.B. 01/19/22 Fax (239) 274.0069 SFWMD WETLANDS (147.88 AC.±) ®SFWMD "OTHER SURFACE WATERS" (222.14 Ac.±) SURVEYED WETLAND LINE FLUCFCS %OF CODE DESCRIPTION ACREAGE TOTAL 153 MINERAL PROCESSING 70.95 Ac.- 12.7% 183 ROCK QUARRY 219.30Ac 39.2% 321 PALMETTO PRAIRIE (<5%EXOTICS) 10.52Ac.- 1.9% 411 PINE FLATWOODS (<5% EXOTICS) 40.79 Ac.- 7.3% 4119 El PINE FLATWOODS, DISTURBED (0-24% E(OTICS) 6.14 Ac.- 1.1 % 4119 E2 PINE FLATWOODS, DISTURBED (25-49%E(OTICS) 0.95Ac.- 0.2% 4119 E4 PINE FLATWOODS, DISTURBED (78-100% EXOTICS) 0.80 Ac 0.1 % 4159 El PINE, DISTURBED (0-24% EXOTICS) 6.39 Ac.- 1.1 % 4159 E2 PINE, DISTURBED (25-49% EXOTICS) 6.70 Ac.- 1.2% 4159 E3 PINE, DISTURBED (50-75% EXOTICS) 0.83 Ac.- 0.1 % 4159 E4 PINE, DISTURBED (78-1DD%EXOTICS) 5.37 Ac.- 1.0% 42PJ743 BRAZILIAN PEPPERIBERM 3.77 Ac.- 0.7% 4289 E2 CABBAGE PALM, DISTURBED (25-49% EXOTICS) 0.48 Ac.- 0.1 % 4289 E4 CABBAGE PALM, DISTURBED (78-1DD%EXOTICS) 3.07 Ac.- 0.5% 4349 E2 HARDWOOD/CONIFER MIXED, DISTURBED (25-49% EXOTICS) 1.49 Aa 0.3% 4389 E2 MIXED HARDWOODS, DISTURBED (25-49% EXOTICS) 0.19 Aa 0.0% 514 DITCH 2.78 Ac.- 0.5% 520 POND 0.06Ac.- 0.0% 618 POP ASH/WILLOW (<5% EXOTICS) 3.05 Ac.- 0.5% 818` POP ASH/WILLOW (<5% EXOTICS) 0.18Ac.- 0.0% 6189 E4 POP ASH/WILLOW, DISTURBED (78-10D% EXOTICS) 0.73 Ac.± 0.1 % 621 CYPRESS (<5% EXOTICS) 4.17 Ac.- 0.7% 621 ` CYPRESS (<5% EXOTICS) 0.82 Ac.- 0.1 % 6219 E3 CYPRESS, DISTURBED (50-75% EXOTICS) 1.72Ac.- 0.3% 6219 E4 CYPRESS, DISTURBED (78-1DD%EXOTICS) 1.23Ac.- 0.2% 824 PINE/CYPRESS/CABBAGE PALM (<5% EXOTICS) 78.74 Ac.- 14.1% 824" PINE/CYPRESS/CABBAGE PALM (<5% EXOTICS) 14.99Ac 2.7% 8249 E2 PINE/CYPRESS/CABBAGE PALM, DISTURBED (25-49% EXOTICS) 0.85 Ac.± 0.2% 8249 E3 PINE/CYPRESS/CABBAGE PALM, DISTURBED (50-75% EXOTICS) 4.20 Ac.± 0.8% 8249 E4 PINE/CYPRESS/CABBAGE PALM, DISTURBED (78-100% EXOTICS) 0.89 Aa 0.2% 825 PINE, HYDRIC (<5% EXOTICS) 9.95Ac.- 1.8% 825* PINE, HYDRIC (<5% EXOTICS) 6.78 Ac.- 1.2% 6259 E3 PINE, HYDRIC, DISTURBED (50-75%EXOTICS) 0.06Ac.- 0.0% 630 WETLAND FORESTED MIXED 1.77Ac.- 0.3% 6309 E2 WETLAND FORESTED MIXED, DISTURBED (2549% EXOTICS) 2.72 Ac.- 0.5% 6309 E4 WETLAND FORESTED MIXED, DISTURBED (78-100% EXOTICS) 2.15 Ac.± 0.4% 643 WET PRAIRIE (<5% EXOTICS) 34.97 Ac.- 6.3% 740 DISTURBED LAND 0.52Ac.- 0.1 % 814 PAVED ROAD 1.40Ac 0.3% 8146 PRIMITIVE ROAD 4.99Ac 0.9% 832 ELECTRICAL POWER LINE EASEMENT 0.83Ac.- 0.1% 8321 ELECTRICAL POWER LINE EASEMENT, HYDRIC 0.88 Ac.- 0.1 % 8335 WATER SUPPLY PUMPING STATION 0.30 Ac 0.1 % TOTAL 559.05 Ac.± 100.0% * UPLAND AREAS PER FDEP PERMIT MODIFICATION NO.110134951-003 AND WETLANDS PER COE PERMIT NO.SAJ-1996-04158 NOTES: AERIAL PHOTOGRAPHS WERE ACQUIRED THROUGH THE COLLIER COUNTY PROPERTY APPRAISER'S OFFICE WITH A FLIGHT DATE OF DECEMBER 2020. PROPERTY BOUNDARY PER RHODES AND RHODES LAND SURVEYING, INC. DRAWING NO. 2014-25PLAT-BNDY TO ENGINEER II-18-14.DWG DATED NOVEMBER 18, 2014. TOP OF BANK FOR LAKES 1-4 PER WALDROP ENGINEERING, INC. DRAWING No. WILLOW RUN LAKE -PRESERVE LINE- WORK.DWG DATED APRIL 10, 2015. SURVEYED WETLAND LINES PER RHODES AND RHODES LAND SURVEYING, INC. DRAWING NO. WILLOW RUN_4-7- 15.DWG DATED APRIL 8, 2015. WETLAND LIMITS ESTIMATED AND OVERALL ACREAGE MAINTAINED IN ACCORDANCE WITH ACTIVE FDEP PERMIT MODIFICATION NO.110134951-003. LAND SEPARATION BETWEEN LAKE 3 AND LAKE 4 AERIAL INTERPRETED. FLUCFCS LINES ESTIMATED FROM 1"=300' AERIAL PHOTOGRAPHS AND LOCATIONS APPROXIMATED. FLUCFCS PER FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCFCS) (FDOT 1999). DRAWING No. WILLOW RUN 19SDL3044 SHEET No. AERIAL WITH FLUCFCS AND WETLANDS ExF11B1T 4s 4"fr �r L II rsr.�`.q J'ii 740/41 (0.11 Ac. , ti - i REVISIONS DATE DRAWN BY D.B. Approved wetland lines 7/24/14 DESIGNED BY Update notes 4/21/21 C.G.R. REVIEWED BY K.C.P. DATE 4/14/14 13620 Metropolis Avenue DATE Suite 200 4/14/14 Ft. Myers, FL 33912 DATE Phone (239) 274-0067 4/14/14 Fax (239) 274.0069 . IWPASSARELLA °`�gim & ASSOCIATES z LEGEND: SFWMD WETLANDS El (15.15 Ac.t) V SURVEYED WETLAND LINE FLUCFCS % OF CODES DESCRIPTIONS ACREAGE TOTAL 3219E1 PALMETTO PRAIRIE, DISTURBED (0-24%EXOTICS) 0.17Ac.t 0.7% 4119 E2 PINE FLATWOODS, DISTURBED (25-49% EXOTICS) 5,35 Ac.± 22.0% 422/411 BRAZILIAN PEPPER 0.42Ac.- 1.7% 4279 E1 OAK, DISTURBED (0-24% EXOTICS) 0.27 Ac.± 1.1 6219 E2 CYPRESS, DISTURBED (25-499/ EXOTICS) 2.37 Ac.± 9.7% 6249 E2 CYPRESS/PINE/CABBAGE PALM, DISTURBED (25-499/ EXOTICS) 3.68 Ac.± 15.1 6249 E3 CYPRESS/PINE/CABBAGE PALM, DISTURBED (50-759/o EXOTICS) 2.26Ac.± 9.3% 6259 E2 PINE, HYDRIC, DISTURBED (25-49% EXOTICS) 1.64Ac.± 6.7% 6259 E3 PINE, HYDRIC, DISTURBED (50-75%EXOTICS) 2.77Ac.± 11.4% 6319 E2 WETLAND SHRUB, DISTURBED (25-499/ EXOTICS) 0.41 Ac.± 1.7% 740/411 DISTURBED LAND 0.11 Ac ± 0.5% 7401/625 DISTURBED LAND, HYDRIC 0.57Ac.+ 23% 743/411 SPOILAREAS 0.54Ac.� 22% 830 UTILITIES 2.31 Ac.+ 95% 8301 UTILITIES, HYDRIC 1.45Ac+ 6.0% TOTAL 24.32 Ac.± 100.0% NOTES: AERIAL PHOTOGRAPHS WERE ACQUIRED THROUGH THE COLLIER COUNTY PROPERTY APPRAISER'S OFFICE WITH A FLIGHT DATE OF DECEMBER 2020. PROPERTY BOUNDARY PER HOLE MONTES ENGINEERING DRAWING No. ACAD R2004-13099MP0_140722.DWG DATED JULY 22, 2014. SURVEYED WETLAND LINES PER HOLE MONTES ENGINEERING DRAWING NO. JURIS_BND.DWG DATED FEBRUARY 10, 2014. - FLUCFCS LINES ESTIMATED FROM I"=200' AERIAL PHOTOGRAPHS AND LOCATIONS APPROXIMATED. FLUCFCS PER FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCFCS) (FDOT 1999). UPLAND/WETLAND LINES WERE REVIEWED AND APPROVED IN THE FIELD BY THE SFWMD ON JUNE 25, 2014 AND COE ON JUNE 30, 2014. DRAWING No. LIDO ISLES 19SDL3044 SHEET No. AERIAL WITH FLUCFCS AND WETLANDS EXHIBIT 4C ,Y, - .`.. •` t�. .a ! i1- .�t/„a�l r� y •i i� ��y�.�t• ,t �". .:•� ,mow; �!� ;. ��11 Q. 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'� *f'^+Fj'•Z '.�Y' `L. 1. i 1►b�llk- NUJ - e. ;CL '�"�.�dt' '.1'. 1r - 'a.3 ' ti '., .'s : ..�i•y.� b. j�_ t� 1 _ '. ��.� '�•' �� 4a• •• •;1 lr1 � `. ) 'E a % , � . �' _.., \r � M �,� 1 M •1rt - i s 1 * .:1, �� 4 r : it .f. •-• s'.ii> Jai. _=Er^7�-=�.� �-, `�•a -<�•�, ia�:.. ..' -;'�r>,.'�`-�l, te' cff � )4 ti•' -t. jj11 'f t- •v• _ 8301 y..•r�r .1, .02 Ac.±)= M•� '� ..v .- . . . . . . . . . . . . . . . .. .. . . . . . . .. . . . . . . 6249E4 W . (0.21 Ac.±) • � W .. . . .- .- . . . . . . . . . � . . . . . • • . . . . . . . . . . . . . .. . .. . 8301 743 B ' 4159E4 . . . . . . . .(0.34 Ac.±). 740 (0.14 Ac.±) .. . . . . . . . . . . .. .. .. . . . .. . . . . .. .. . . W r W 6249E3 0.12 Ac.±) 190 (0.68 Ac.±) (0.23 AC ±) .. . . . . .. . . .. . . . . . (2 54 . Ac.±) . . . .. . .. . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ` W 830 4159E4 . T (0.27 Ac.±) . . (0.17 Ac.±) . 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T r , i 1 ',r.. �r',fii`..:•I� r Y:•^..x�_s y, • c ✓ L ` r , EXHIBIT 5 FLUCFCS SUMMARY TABLES AND DESCRIPTION SAN MARINO EXISTING LAND USE AND COVER SUMMARY TABLE AND FLUCFCS DESCRIPTIONS February 2022 The following table summarizes the habitat types by Florida Land Use, Cover and Forms Classification System (FLUCFCS) codes and provides an acreage breakdown of the habitat types found on the property. A description of the vegetative composition within each FLUCFCS code follows. Exhibit 5A. Existing Land Use and Cover Summary Table FLUCFCS Code Description Acreage Percent of Total 411 Pine Flatwoods 0.47 0.2 415 Pine 1.50 0.8 426 Tropical Hardwoods 1.03 0.5 621 * Cypress 4.97 2.5 624* Cypress/Pine/Cabbage Palm 42.94 21.9 625* Pine, H dric 0.75 0.4 740 Disturbed Land 144.77 73.7 Total 196.43 100.0 *Wetland habitat Pine Flatwoods (FLUCFCS Code 411) This upland community is located within the on -site preserve area. The canopy is dominated by slash pine (Pinus elliottii) and cabbage palm (Sabal palmetto). The sub -canopy is dominated by myrsine (Myrsine cubana), swamp bay (Persea palustris), and saw palmetto (Serenoa repens). The ground cover contains beautyberry (Callicarpa americana), saw palmetto, wiregrass (Aristida stricta), snowberry (Chiococca alba), bracken fern (Pteridium aquilinum), muscadine grapevine (Vitis rotundifolia), and fingergrass (Eustachys petraea). Pine (FLUCFCS Code 415) This upland community is located within the on -site preserve area. The canopy is dominated by slash pine and cabbage palm. The sub -canopy consists of pine and scattered cabbage palm. The ground cover includes muscadine grapevine, sawgrass (Cladium jamaicense), wiregrass, poison ivy (Toxicodendron radicans), and saw palmetto. Tropical Hardwoods (FLUCFCS Code 426) This upland community is located within the on -site preserve area. The canopy is dominated by a mixture of gumbo limbo (Bursera simaruba), stopper (Eugenia sp.), and poison wood (Metopium toxiferum). The sub -canopy contained scattered wild coffee (Psychotria nervosa). E5A-1 Cypress (FLUCFCS Code 621) This wetland habitat is largely located within the on -site preserve area. The canopy is dominated by cypress (Taxodium sp.) with scattered slash pine. The sub -canopy contains wax myrtle (Morella cerifera), dahoon holly (Ilex cassine var. cassine), cypress, myrsine, and corkwood (Stillingia aquatica). The ground cover includes rosy camphorweed (Pluchea rosea), gulfdune paspalum (Paspalum monostachyum), rush fuirena (Fuirena scirpoidea), yellow -eyed grass (Xyris sp.), little blue maidencane (Amphicarpum muhlenbergianum), hatpin (Eriocaulon sp.), erect -leaf witchgrass (Dichanthelium erectifolium), Gulf muhly (Muhlenbergia capillaris), musky mint (Hyptis alata), and swamp fern (Telmatoblechnum serrulatum). Cypress/Pine/Cabbage Palm (FLUCFCS Code 624) This wetland habitat is located within the on -site preserve area. The canopy is dominated by a mix of slash pine and cypress. The sub -canopy contains slash pine, cypress, and wax myrtle. Ground cover includes little blue maidencane, swamp fern, Asiatic pennywort (Centella asiatica), rosy camphorweed, hatpin, and yellow -eyed grass. Pine, Hydric FLUCFCS Code 625) This wetland habitat is located within the on -site preserve area. The canopy and sub -canopy contain scattered slash pine. The ground cover is sparse with scattered gulfdune paspalum and little blue maidencane. Disturbed Land (FLUCFCS Code 740) This land use is comprised of the cleared and disturbed development limits on the parcel. E5A-2 WILLOW RUN EXISTING LAND USE AND COVER SUMMARY TABLE AND FLUCFCS DESCRIPTIONS February 2022 The following table summarizes the habitat types by Florida Land Use, Cover and Forms Classification System (FLUCFCS) codes and provides an acreage breakdown of the habitat types found on the property. A description of the vegetative composition within each FLUCFCS code follows. Exhibit 513. Existing Land Use and Cover Summary Table FLUCFCS Code Habitat Acreage Percent of Total 153 Mineral Processing 70.95 12.7 163 Rock Quarry 219.30 39.2 321 Palmetto Prairie <5% Exotics 10.52 1.9 411 Pine Flatwoods <5% Exotics 40.79 7.3 4119 E1 Pine Flatwoods, Disturbed 0-24% Exotics 6.14 1.1 4119 E2 Pine Flatwoods, Disturbed 25-49% Exotics 0.95 0.2 4119 E4 Pine Flatwoods, Disturbed 76-100% Exotics 0.80 0.1 4159 E1 Pine, Disturbed 0-24% Exotics 6.39 1.1 4159 E2 Pine, Disturbed 25-49% Exotics 6.70 1.2 4159 E3 Pine, Disturbed 50-75% Exotics 0.83 0.1 4159 E4 Pine, Disturbed 76-100% Exotics 5.37 1.0 422/743 Brazilian Pepper/Berm 3.77 0.7 4289 E2 Cabbage Palm, Disturbed 25-49% Exotics 0.48 0.1 4289 E4 Cabbage Palm, Disturbed 76-100% Exotics 3.07 0.5 4349 E2 Hardwood/Conifer Mixed, Disturbed 25-49% Exotics 1.49 0.3 4389 E2 Mixed Hardwoods, Disturbed 25-49% Exotics 0.19 <0.1 514 Ditch 2.78 0.5 520 Pond 0.06 <0.1 618** Pop Ash/Willow <5% Exotics 3.05 0.5 618* Pop Ash/Willow <5% Exotics 0.16 <0.1 6189 E4** Pop Ash/Willow, Disturbed 76-100% Exotics 0.73 0.1 621** Cypress <50 0 Exotics 4.17 0.7 621 * Cypress <5% Exotics 0.82 0.1 6219 E3** Cypress, Disturbed 50-75% Exotics 1.72 0.3 6219 E4** Cypress, Disturbed 76-100% Exotics 1.23 0.2 624** Pine/Cypress/Cabbage Palm <5% Exotics 78.74 14.1 624* Pine/Cypress/Cabbage Palm <5% Exotics 14.99 2.7 6249 E2** Pine/Cypress/Cabbage Palm, Disturbed 25-49% Exotics 0.85 0.2 6249 E3** Pine/Cypress/Cabbage Palm, Disturbed 50-75% Exotics 4.20 0.8 6249 E4** Pine/Cypress/Cabbage Palm, Disturbed 76-100% Exotics 0.89 0.2 E5B-1 Exhibit 5B. (Continued) FLUCFCS Code Habitat Acreage Percent of Total 625** Pine, H dric <5% Exotics 9.95 1.8 625* Pine, H dric <5% Exotics 6.78 1.2 6259 E3** Pine, H dric, Disturbed 50-75% Exotics 0.06 <0.1 630** Wetland Forested Mixed 1.77 0.3 6309 E2** Wetland Forested Mixed, Disturbed 25-49% Exotics 2.72 0.5 6309 E4** Wetland Forested Mixed, Disturbed 76-100% Exotics 2.15 0.4 643* Wet Prairie <5% Exotics 34.97 6.3 740 Disturbed Land 0.52 0.1 814 Paved Road 1.40 0.3 8146 Primitive Road 4.99 0.9 832 Electrical Power Line Easement 0.63 0.1 8321 * * Electrical Power Line Easement, H dric 0.68 0.1 8335 Water Supply Pumping Station 0.30 0.1 Totals 559.05 100.0 *Wetland habitat **Classified as an upland area per Florida Department of Environmental Protection Permit Modification No. 110134951-003 and as a wetland area per U.S. Army Corps of Engineers Permit No. SAJ-1996-04158. Mineral Processing (FLUCFCS Code 153) This land use classification generally includes the mine's lime -rock processing and storage areas, truck scale, guardhouse, and quarry perimeter roads and berms. Rock QugM (FLUCFCS Code 163) This cover type includes the man-made water bodies on -site. They are comprised of four large lakes (Lake Nos. 1 through 4) found throughout the property, and three smaller lakes (unnumbered) located on the east side of the Mineral Processing (FLUCFCS Code 153) area. These areas are also considered other surface waters (OSW) to the South Florida Water Management District and the Florida Department of Environmental Protection. Palmetto Prairie (<5% Exotics) FLUCFCS Code 321) This upland cover type is located within the conservation area (CA). The canopy of this community is generally open, while the sub -canopy consists of wax myrtle (Morella cerifera), saltbush (Baccharis halimifolia), rusty lyonia (Lyonia fruticosa), myrsine (Myrsine cubana), and American beautyberry (Callicarpa americana). The ground cover is dominated by saw palmetto (Serenoa repens), along with other species such as bracken fern (Pteridium aquilinum), pennyroyal (Piloblephis rigida), broomsedge (Andropogon virginicus), muscadine grapevine (Vitis rotundifolia), and poison ivy (Toxicodendron radicans). Pine Flatwoods (<5% Exotics) FLUCFCS Code 411) This upland habitat type is also located within the CA and contains minimal exotics. The canopy stratum is dominated by slash pine (Pious elliottii), along with cabbage palm (Sabal palmetto). The sub -canopy also consists of slash pine, cabbage palm, myrsine, dahoon holly (Ilex cassine), E5B-2 wax myrtle, and American beautyberry. The ground cover in this community is similar in species composition to Palmetto Prairie (FLUCFCS Code 321). Pine Flatwoods, Disturbed (0-24% Exotics) FLUCFCS Code 4119 El) This upland community is mostly found within the Baker Parcel. The canopy stratum is dominated by slash pine, along with scattered cabbage palm, earleaf acacia (Acacia auriculiformis), and melaleuca (Melaleuca quinquenervia). The sub -canopy consists of slash pine, myrsine, cabbage palm, wax myrtle, dahoon holly, rusty lyonia, American beautyberry, and very scattered Brazilian pepper (Schinus terebinthifolia) and melaleuca. The ground is dominated by saw palmetto, along with other species such as muscadine grapevine, poison ivy, and broomsedge. Pine Flatwoods, Disturbed (25-49% Exotics) FLUCFCS Code 4119 E2) This upland habitat is also located within the Baker Parcel, as well as along Collier Boulevard (County Road 951). The vegetation composition of this community is similar to FLUCFCS Code 4119 E1 except with 25 to 49 percent melaleuca, earleaf acacia, and/or Brazilian pepper in the canopy and sub -canopy. Pine Flatwoods, Disturbed (76-100% Exotics) FLUCFCS Code 4119 E4) This cover type is found within the Baker Parcel and along the south side of Lake No. 2. The vegetation composition of this upland community is similar to FLUCFCS Code 4119 E2 except the canopy and sub -canopy strata are dominated by melaleuca, earleaf acacia, and/or Brazilian pepper. Pine, Disturbed (0-24% Exotics) (FLUCFCS Code 4159 El) This habitat type is located to the north of Lake No.1. The canopy stratum is dominated by slash pine, along with scattered cabbage palm. The sub -canopy includes slash pine, cabbage palm, myrsine, and American beautyberry. The ground cover includes scattered species of muscadine grapevine, poison ivy, saw palmetto, bracken fern, and false buttonweed (Spermacoce verticillata). Pine, Disturbed (25-49% Exotics) (FLUCFCS Code 4159 E2) This upland habitat is found at the northwest corner of Lake No. 1 and along the west side of Lake No. 2. The canopy stratum is dominated by slash pine along with scattered cabbage palm, melaleuca, and earleaf acacia. The sub -canopy includes slash pine, cabbage palm, earleaf acacia, melaleuca, myrsine, and American beautyberry. The ground cover includes scattered species of muscadine grapevine, poison ivy, saw palmetto, bracken fern, and false buttonweed. Pine, Disturbed (50-75% Exotics) FLUCFCS Code 4159 E3) This upland community type is located in small, scattered locations along the west sides of Lake Nos. 1 and 2. The species composition of this habitat is similar to FLUCFCS Code 4159 E2 with the addition of melaleuca, Brazilian pepper, and earleaf acacia. Pine, Disturbed (76-100% Exotics) FLUCFCS Code 4159 E4) This cover type is found scattered along the west side of Lake No. 1 and the south and west sides of Lake No. 2. The species composition of this habitat is similar to that of FLUCFCS Code 4159 E3, except exotic coverage of melaleuca, Brazilian pepper, and/or earleaf acacia can reach 76 to 100 percent. E5B-3 Brazilian Pepper/Berm FLUCFCS Code 422/743) This land use classification is identified most along the south and west sides of Lake No. 2 and consists of a man-made berm that is part of the quarry's water management system. The berm is often dominated by Brazilian pepper and other exotic or nuisance species. Cabbage Palm, Disturbed (25-49% Exotics) (FLUCFCS Code 4289 E2) This vegetative community is located on the western portion of the site along a primitive road leading into the mine. The canopy stratum consists of cabbage palm with scattered slash pine. The sub -canopy is also comprised of cabbage palm, along with Brazilian pepper, winged sumac (Rhus copallina), and wax myrtle. The ground cover contains bracken fern, muscadine grapevine, and scattered saw palmetto. Cabbage Palm, Disturbed (76-100% Exotics) FLUCFCS Code 4289 E4) This habitat type can be found adjacent to FLUCFCS Code 4289 E2 with a similar vegetative composition. However, this community contains 76 to 100 percent Brazilian pepper in the sub - canopy. Hardwood/Conifer Mixed, Disturbed (25-49% Exotics) (FLUCFCS Code 4349 E2) This upland habitat type is located along the north side of the main entrance road. The canopy stratum includes a mixture of species, such as slash pine, swamp laurel oak, live oak, cabbage palm, melaleuca, and earleaf acacia. The sub -canopy includes slash pine, cabbage palm, myrsine, and American beautyberry. The ground cover includes scattered species of greenbrier (Smilax sp.), muscadine grapevine, poison ivy, saw palmetto, bracken fern, and false buttonweed. Mixed Hardwoods. Disturbed (25-49% Exotics) (FLUCFCS Code 4389 E2 This upland community is located along the south side of the Primitive Road (FLUCFCS Code 8146) and north of Lake No. 1. The canopy stratum includes scattered live oak, cabbage palm, and swamp bay (Persia palustris). The sub -canopy contains Brazilian pepper, Simpson's stopper (Myrcianthes fragrans), and myrsine. The ground cover is dominated by bracken fern, along with Boston fern (Nephrolepis exalta) and muscadine grapevine. Ditch (FLUCFCS Code 514) This type of land use is found in a couple of areas on -site and would be further classified as an OSW. A short ditch is found in the southwest corner of the property just west of Lake No. 2, while a much larger ditch defines the northwest boundary line. The vegetation in these areas can vary but may include such species as Carolina willow (Salix caroliniana), cattail (Typha sp.), and torpedograss (Panicum repens). Pond (FLUCFCS Code 520) This land use classification is located in a single area, along the east side of the Florida Power & Light (FPL) easement and near the west side of Lake No. 2. The canopy and sub -canopy consist of Carolina willow and Brazilian pepper around the perimeter. The ground cover includes mostly open water and a few cattail. E5B-4 Pop Ash/Willow (<5% Exotics) (FLUCFCS Code 618) This wetland habitat is located within the CA and contains minimal exotics. The canopy and sub - canopy strata consist of both pop ash (Fraxinus caroliniana) and Carolina willow. The ground cover consists of mostly bare ground with scattered swamp fern (Telmatoblechnum serrulatum), sawgrass (Cladium jamaicense), Florida pellitory (Parietaria floridana), fireflag (Thalia geniculata), and smartweed (Polygonum sp.) Pop Ash/Willow, Disturbed (76-100% Exotics) (FLUCFCS Code 6189 E4) This wetland habitat type is found between the FPL easement and Lake No. 2. The vegetative composition of this wetland habitat is similar to FLUCFCS Code 618, but with 76 to 100 percent coverage of Brazilian pepper, particularly around its perimeter. Cypress (FLUCFCS Code 621) This wetland habitat is located along the eastern boundary of the CA and contains minimal exotics. The canopy stratum is dominated by bald cypress (Taxodium distichum), along with very scattered slash pine and scattered dahoon holly. The sub -canopy consists of bald cypress, and scattered cabbage palm, dahoon holly, and wax myrtle. The ground cover is typically dominated by swamp fern, along with lesser species such as water pennywort (Hydrocotyle umbellata). Cypress, Disturbed (50-75% Exotics) (FLUCFCS Code 6219 E3) This habitat type is found along the northern portion of the western boundary. The canopy of this habitat contains bald cypress and melaleuca with scattered dahoon holly. The sub -canopy consists of bald cypress, pop ash, wax myrtle, myrsine, and Brazilian pepper. The ground cover is sparse in some areas due to the dense cypress canopy. Where present, ground cover species include swamp fern, Asiatic pennywort (Centella asiatica), maidencane (Panicum hemitomon), sawgrass, turkey tangle fogfruit (Phyla nodiflora), water pennywort (Hydrocotyle umbellata), bog hemp (Boehmeria cylindrica), and climbing hempvine (Mikania scandens). Cypress, Disturbed (76-100% Exotics)(FLUCFCS Code 6219 E4) This wetland community is located to the immediate south of FLUCFCS Code 6219 E3 and consists of a similar vegetative composition. However, this community contains 76 to 100 percent coverage of melaleuca and Brazilian pepper. Pine/Cypress/Cabbage Palm (<5% Exotics) (FLUCFCS Code 624) This habitat type is located throughout the CA and contains minimal exotics. The canopy of this habitat consists of slash pine, bald cypress, cabbage palm, and scattered dahoon holly. The sub - canopy consists of slash pine, bald cypress, wax myrtle, and myrsine. The ground cover includes swamp fern, sawgrass, rosy camphorweed (Pluchea rosea), Asiatic pennywort, greenbrier, and Canadian germander (Teucrium canadense). Pine/Cypress/Cabbage Palm, Disturbed (25-49% Exotics) FLUCFCS Code 6249 E2) This wetland community is located within the Baker Parcel and along the southern portion of the western boundary. The vegetation composition of this wetland community is similar to FLUCFCS Code 624, but with 25 to 49 percent melaleuca and/or Brazilian pepper in the canopy and sub - canopy. E5B-5 Pine/Cypress/Cabbage Palm, Disturbed (50-75% Exotics) FLUCFCS Code 6249 E3) This habitat type is found within the Baker Parcel and along the entrance to the project site. The vegetation composition of this upland community is similar to FLUCFCS Code 6249 E2, but with 50 to 75 percent melaleuca and/or Brazilian pepper in the canopy and sub -canopy. Pine/Cypress/Cabbage Palm, Disturbed (76-100% Exotics) (FLUCFCS Code 6249 E4) This habitat type is located along the entrance to the Project site. The vegetation composition of this community is similar to FLUCFCS Code 6249 E3, but with 75 to 100 percent melaleuca and/or Brazilian pepper in the canopy and sub -canopy. Pine, Hydric <5% Exotics) FLUCFCS Code 625) This wetland community is located within the CA and contains minimal exotics. The canopy consists of slash pine, cabbage palm, and melaleuca. The sub -canopy consists of cabbage palm, wax myrtle, myrsine, and Brazilian pepper. The ground cover includes gulfdune paspalum (Paspalum monostachyum), blue maidencane (Amphicarpum muhlenbergianum), rosy camphorweed, and scattered saw palmetto, muscadine grapevine, and greenbrier. Pine, Hydric, Disturbed (50-75% Exotics) FLUCFCS Code 6259 E3) This habitat type is located within the Baker Parcel. The vegetation composition of this wetland community is similar to FLUCFCS Code 625, but with 50 to 75 percent melaleuca and/or Brazilian pepper in the canopy and sub -canopy. Wetland Forested Mixed (FLUCFCS 630) This wetland habitat is located within the southeastern portion of the CA and contains minimal exotics. The canopy and sub -canopy consist of swamp laurel oak, slash pine, cabbage palm, bald cypress, and persimmon (Diospyros virginiana). The sub -canopy also includes wax myrtle, myrsine, and live oak. The ground cover stratum includes rosy camphorweed, sawgrass, broomsedge, beaksedge, and Southern fleabane (Erigeron quercifolius). Wetland Forested Mixed, Disturbed (25-49% Exotics) (FLUCFCS Code 6309 E2) This habitat type can be found along the paved road at the entrance to the site. The canopy of this wetland habitat consists of swamp laurel oak, slash pine, bald cypress, cabbage palm, and buttonweed. The sub -canopy habitat consists of swamp laurel oak, slash pine, bald cypress, cabbage palm, buttonweed, myrsine, and Brazilian pepper. The ground cover includes rosy camphorweed, sawgrass, broomsedge, Southern fleabane, and beaksedge (Rhynchospora sp.) Wetland Forested Mixed, Disturbed (76-100% Exotics)(FLUCFCS Code 6309 E4) This wetland habitat is located along the northeast corner of Lake No. 1. The vegetation composition of this community is similar to FLUCFCS Code 630, but with melaleuca and/or Brazilian pepper in the canopy and sub -canopy. Wet Prairie (<5% Exotics) FLUCFCS Code 643) This habitat type can be found in the southern portion of the CA and contains minimal exotics. The habitat consists of a predominantly open canopy with widely scattered cabbage palm. The sub -canopy stratum is comprised of scattered bald cypress, cabbage palm, slash pine, saltbush, and E5B-6 Brazilian pepper. The ground cover species includes broomsedge, gulfdune paspalum, and sawgrass. Disturbed Land (FLUCFCS Code 740) This land use classification is located along the south side of the main entrance road and adjacent to the southern aquifer storage and recovery (ASR) well station. The canopy and sub -canopy strata are absent. The ground cover in this area can be devoid of vegetation or include species typical of disturbed areas, such as bushy buttonweed (Spermacoce assurgens), dog fennel (Eupatorium capillifolium), smutgrass (Sporobolus indicus), and ragweed (Ambrosia artemisiifolia). Paved Road (FLUCFCS Code 814) This land use includes the main entrance road from just east of the Collier Boulevard Canal Bridge to the FPL easement. It is an improved asphalt roadway. Primitive Road (FLUCFCS Code 8146) This land use is defined by the roadway into the mineral processing area from east of the FPL easement to the guard house and truck scale area. Electrical Power Line Easement (FLUCFCS Code 832) These cleared upland areas on the west side of the property are occupied by an FPL electrical transmission line and Collier County's South County Regional Water Treatment Plant (SCRWTP) well field and pump station. The canopy and sub -canopy strata are mostly open with scattered slash pine, cabbage palm, Brazilian pepper, and wax myrtle. The ground cover includes smutgrass (Sporobolus indicus), bahiagrass (Paspalum notatum), beggarticks (Bidens alba), dog fennel, broomsedge, bushy bluestem (Andropogon glomeratus), pinewoods fingergrass (Eustachys petraea), caesarweed (Urena lobata), spermacoce, and poison ivy. Electrical Power Line Easement, Hydric (FLUCFCS Code 8321) These cleared, low areas on the west side of the property are occupied by an FPL electrical transmission line and Collier County's (SCRWTP) well field. The canopy and sub -canopy strata are mostly open with scattered slash pine, cabbage palm, Brazilian pepper, and saltbush. The ground cover includes bushy bluestem, gulfdune paspalum, sawgrass, Southern beaksedge (Rhynchospora microcarpa), torpedograss, blue maidencane, and Asiatic pennywort. Water Supply Pumping Station (FLUCFCS Code 8335) This land use classification includes two ASR well pumping stations. Both are located along the east side of the FPL easement. One station is found near the parcel's northwest corner and the other near its southwest corner. E5B-7 LIDO ISLES EXISTING LAND USE AND COVER SUMMARY TABLE AND FLUCFCS DESCRIPTIONS February 2022 The following table summarizes the habitat types by Florida Land Use, Cover and Forms Classification System (FLUCFCS) codes and provides an acreage breakdown of the habitat types found on the property. A description of the vegetative composition within each FLUCFCS code follows. Exhibit 5C. Existing Land Use and Cover Summary Table FLUCFCS Code Description Acreage Percent of Total 3219 El Palmetto Prairie, Disturbed 0-24% Exotics 0.17 0.7 4119 E2 Pine Flatwoods, Disturbed 25-49% Exotics 5.35 22.0 422 Brazilian Pepper 0.42 1.7 4279 E1 Oak, Disturbed 0-24% Exotics 0.27 1.1 6219 E2* Cypress, Disturbed 25-49% Exotics 2.37 9.7 6249 E2* Cypress/Pine/Cabbage Palm, Disturbed 25-49% Exotics 3.68 15.1 6249 E3* Cypress/Pine/Cabbage Palm, Disturbed 50-75% Exotics 2.26 9.3 6259 E2* Pine, H dric, Disturbed 25-49% Exotics 1.64 6.7 6259 E3* Pine, H dric, Disturbed 50-75% Exotics 2.77 11.4 6319 E2* Wetland Shrub, Disturbed 25-49% Exotics 0.41 1.7 740 Disturbed Land 0.11 0.5 7401 * Disturbed Land, H dric 0.57 2.3 743 Spoil Areas 0.54 2.2 830 Utilities 2.31 9.5 8301 * Utilities, H dric 1.45 6.0 Totals 24.32 100.0 *Wetland habitat Palmetto Prairie, Disturbed (0-24% Exotics) (FLUCFCS Code 3219 E1) The canopy of this upland community is open. The sub -canopy consists of wax myrtle (Morella cerifera), saltbush (Baccharis halimifolia), and Brazilian pepper (Schinus terebinthifolia). The ground cover is dominated by saw palmetto (Serenoa repens) and includes bracken fern (Pteridium aquilinum) and broomsedge (Andropogon virginicus). Pine Flatwoods, Disturbed (25-49% Exotics) (FLUCFCS Code 4119 E2) The canopy of this upland habitat contains slash pine (Pious elliottii), cabbage palm (Sabal palmetto), and melaleuca (Melaleuca quinquenervia). The sub -canopy contains slash pine, myrsine (Myrsine cubana), gallberry (Ilex glabra), cocoplum (Chrysobalanus icaco), cabbage palm, melaleuca, downy rose -myrtle (Rhodomyrtus tomentosa), and Brazilian pepper. The ground cover includes saw palmetto, spermacoce (Spermacoce verticillata), bracken fern, caesarweed E5C-1 (Urena lobata), muscadine grapevine (Vitis rotundifolia), greenbrier (Smilax auriculata), and poison ivy (Toxicodendron radicans). Brazilian Pepper (FLUCFCS Code 422) The canopy and sub -canopy are comprised of dense Brazilian pepper. The ground cover is mostly open with scattered caesarweed. Oak, Disturbed (0-24% Exotics) FLUCFCS Code 4279 E1) The canopy of this upland habitat contains live oak (Quercus virginiana) and laurel oak (Quercus laurifolia). The sub -canopy consists of live oak, laurel oak, wax myrtle, mysrine, and Brazilian pepper. The ground cover is dominated by saw palmetto with broomsedge, muscadine grapevine, greenbrier, and poison ivy. Cypress, Disturbed (25-49% Exotics) (FLUCFCS Code 6219 E2) The canopy of this wetland habitat contains bald cypress (Taxodium distichum) and melaleuca with scattered dahoon holly (Ilex cassine). The sub -canopy consists of bald cypress, pop ash (Fraxinus caroliniana), wax myrtle, myrsine, and Brazilian pepper. The ground cover is sparse in some areas due to the dense cypress (Taxodium sp.) canopy. Where present, ground cover species include swamp fern (Telmatoblechnum serrulatum), Asiatic pennywort (Centella asiatica), maidencane (Panicum hemitomon), sawgrass (Cladium jamaicense), turkey tangle fogfruit (Phyla nodiflora), water pennywort (Hydrocotyle umbellata), bog hemp (Boehmeria cylindrica), and climbing hempvine (Mikania scandens). Cypress/Pine/Cabbage Palm, Disturbed (25-49% Exotics) (FLUCFCS Code 6249 E2) The canopy of this wetland habitat consists of slash pine, bald cypress, cabbage palm, melaleuca, and scattered dahoon holly and laurel oak. The sub -canopy consists of slash pine, bald cypress, melaleuca, wax myrtle, myrsine, Brazilian pepper, and downy rose -myrtle. The ground cover includes swamp fern, sawgrass, blue maidencane (Amphicarpum muhlenbergianum), turkey tangle fogfruit, rosy camphorweed (Pluchea rosea), beaksedge (Rhynchospora sp.), greenbrier, and caesarweed. Cypress/Pine/Cabbage Palm, Disturbed (50-75% Exotics) (FLUCFCS Code 6249 E3) The vegetation composition of this upland community is similar to FLUCFCS Code 6249 E2 with 50 to 75 percent melaleuca and/or Brazilian pepper in the canopy and sub -canopy. Pine, Hydric, Disturbed (25-49% Exotics) FLUCFCS Code 6259 E2) The canopy of this wetland habitat consists of slash pine, cabbage palm, and melaleuca. The sub - canopy consists of cabbage palm, wax myrtle, myrsine, and Brazilian pepper. The ground cover includes gulfdune paspalum (Paspalum monostachyum), blue maidencane, rosy camphorweed, and scattered saw palmetto, muscadine grapevine, and greenbrier. Pine, Hydric, Disturbed (50-75% Exotics) FLUCFCS Code 6259 E3) The vegetation composition of this upland community is similar to FLUCFCS Code 6259 E2 with 50 to 75 percent melaleuca and/or Brazilian pepper in the canopy and sub -canopy. E5C-2 Wetland Shrub, Disturbed (25-49% Exotics) FLUCFCS Code 6319 E2) The canopy of this wetland habitat consists of scattered bald cypress, cabbage palm, and melaleuca. The sub -canopy consists of myrsine, wax myrtle, saltbush, Brazilian pepper, and melaleuca. Ground cover includes swamp fern, maidencane, gulfdune paspalum, water pennywort, and climbing hempvine. Disturbed Land (FLUCFCS Code 740) This cleared and filled upland area is part of the adjacent restaurant's gravel/dirt parking lot. Disturbed Land, H, d�FLUCFCS Code 7401) These wetland areas appear to have been created by mechanical means. The canopy consists of melaleuca. The sub -canopy vegetation consists of scattered melaleuca, Carolina willow (Salix caroliniana), and buttonbush (Cephalanthus occidentalis). Ground cover vegetation includes gulfdune paspalum, saltmarsh fingergrass (Eustachys glauca), maidencane, fleabane (Erigeron sp.), sawgrass, torpedograss (Panicum repens), spermacoce, and blue maidencane. Spoil Areas (FLUCFCS Code 7431 This area is located along the property's north boundary and consists of large boulders underneath dense Brazilian pepper. Utilities FLUCFCS Code 830) These cleared upland areas on the east side of the property are occupied by a Florida Power & Light (FPL) electrical transmission line and Collier County's South County Regional Water Treatment Plant (SCRWTP) well field and pump station. The canopy and sub -canopy strata are mostly open with scattered slash pine, cabbage palm, Brazilian pepper, and wax myrtle. The ground cover includes smutgrass (Sporobolus indicus), bahiagrass (Paspalum notatum), beggarticks (Bidens alba), broomsedge, bushy bluestem (Andropogon glomeratus), pinewoods fingergrass (Eustachys petraea), caesarweed, spermacoce, and poison ivy. Utilities, Hydric (FLUCFCS Code 8301) These cleared, low areas on the east side of the property are occupied by an FPL electrical transmission line and Collier County's SCRWTP well field. The canopy and sub -canopy strata are mostly open with scattered slash pine, cabbage palm, Brazilian pepper, and saltbush. The ground cover includes bushy bluestem, gulfdune paspalum, sawgrass, Southern beaksedge (Rhynchospora microcarpa), torpedograss, blue maidencane, and Asiatic pennywort. E5C-3 CRACKLIN JACK'S EXISTING LAND USE AND COVER SUMMARY TABLE AND FLUCFCS DESCRIPTIONS February 2022 The following table summarizes the habitat types by Florida Land Use, Cover and Forms Classification System (FLUCFCS) codes and provides an acreage breakdown of the habitat types found on the property. A description of the vegetative composition within each FLUCFCS code follows. Exhibit 5D. Existing Land Use and Cover Summary Table FLUCFCS Code Description Acreage Percent of Total 190 Open Land 0.23 4.7 4159 E4 Pine Flatwoods, Disturbed 76-100% Exotics 0.41 8.4 514 Ditch 0.14 2.9 6249 E3* Cypress/Pine/Cabbage Palm, Disturbed 50-75% Exotics 2.54 52.3 6249 E4* Cypress/Pine/Cabbage Palm, Disturbed 76-100% Exotics 0.21 4.3 740 Disturbed Land 0.68 14.0 743 Spoil Area 0.12 2.5 830 Utilities 0.17 3.5 8301 * Utilities, H dric 0.36 7.4 Totals 4.86 100.0 *Wetland habitat Open Land (FLUCFCS Code 190) This area is occupied by an abandoned building and associated parking areas. Pine, Disturbed (76-100% Exotics) FLUCFCS Code 4159 E4) The canopy of this upland habitat contains scattered slash pine (Pious elliottii) and earleaf acacia (Acacia auriculiformis). The sub -canopy is dominated by Brazilian pepper (Schinus terebinthifolia). The ground cover is primarily open, but contains Brazilian pepper. Ditch (FLUCFCS Code 514) The canopy and sub -canopy of this ditch are open. The ground cover is primarily open but includes sawgrass (Cladium jamaicense), pickerelweed (Pontederia cordata), and manyflower marsh pennywort (Hydrocotyle umbellata). Cypress/Pine/Cabbage Palm, Disturbed (50-75% Exotics) FLUCFCS Code 6249 E3) The canopy of this wetland habitat includes bald cypress (Taxodium distichum), slash pine, scattered cabbage palm (Sabal palmetto), and laurel oak (Quercus laurifolia). The sub -canopy consists of cabbage palm, slash pine, bald cypress, myrsine (Myrsine cubana), cocoplum E5D-1 (Chrysobalanus icaco), and wax myrtle (Morella cerifera). Heavy cover by melaleuca (Melaleuca quinquenervia), earleaf acacia, and Brazilian pepper is found throughout the canopy and sub - canopy. The ground cover includes scattered swamp fern (Telmatoblechnum serrulatum), blue maidencane (Amphicarpum muehlenbergianum), sawgrass, caesarweed (Urena lobata), air potato (Dioscorea bulbifera), and spermacoce (Spermacoce verticillata). Pine/Cypress, Disturbed (76-100% Exotics) (FLUCFCS Code 6249 E4) The vegetation within this habitat type is similar to FLUCFCS Code 6249 E3, with higher densities of melaleuca and/or Brazilian pepper in the canopy and/or sub -canopy. Disturbed Land (FLUCFCS Code 740) This habitat type includes area that has been disturbed in association with previous development and prior land uses on the parcel. The canopy of this upland habitat is primarily open, but includes scattered slash pine, cabbage palm, and lead tree (Leucaena leucocephala). The sub -canopy is primarily open with scattered Brazilian pepper, Australian almond (Terminalia muelleri), lead tree, and earleaf acacia. Spoil Area (FLUCFCS 743) This habitat type includes a spoil berm on the eastern boundary of the parcel. The canopy of this upland habitat is open. The sub -canopy includes cabbage palm and Brazilian pepper. The ground cover includes American beautyberry (Callicarpa americana), Chinese ladder brake (Pteris vittata), spermacoce, bracken fern (Pteridium aquilinum), beggarticks (Bidens alba), and muscadine grapevine (Vitis rotundifolia). Utilities FLUCFCS Code 830) This habitat type includes areas of a utility easement on the eastern side of the parcel. The canopy and sub -canopy of this upland habitat are primarily open with scattered cabbage palms. The ground cover includes beggarticks, spermacoce, largeflower Mexican clover (Richardia grandiflora), bracken fern, and cabbage palm. Utilities, Hydric (FLUCFCS Code 8301) This habitat type includes areas of a utility easement on the eastern side of the parcel. The canopy of this wetland habitat is primarily open with few slash pine, bald cypress, and cabbage palms. The sub -canopy is primarily open with few cabbage palm, myrsine, and bald cypress. The ground cover includes torpedograss (Panicum repens), saltmarsh umbrellasedge (Fuirena breviseta), starrush whitetop (Rhynchospora colorata), small -fruit primrose willow (Ludwigia microcarpa), and rosy camphorweed (Pluchea baccharis). E5D-2 EXHIBIT 6 LISTED SPECIES SURVEYS SAN MARINO UPDATED LISTED PLANT AND WILDLIFE SPECIES SURVEY February 2022 1.0 INTRODUCTION This report documents the updated listed species survey conducted by Passarella & Associates, Inc. (PAI) on January 14, 2022 for the San Marino (Parcel). The Parcel is located in Section 11, Township 50 South, Range 26 East, Collier County (Appendix A). More specifically, the Parcel is located east of Collier Boulevard (County Road (CR) 951), approximately 1.4 miles south of Davis Boulevard, and 1.7± miles north of Rattlesnake Hammock Road. The Parcel borders the Forrest Glenn Golf and Country Club to the north, undeveloped land to the east, Advenir of Aventine apartment community and Willow Run Quarry to the south, and CR 951 to the west. The survey was conducted to determine if the Parcel site was being utilized by state and/or federally listed species as identified by the Florida Fish and Wildlife Conservation and the U.S. Fish and Wildlife Service (USFWS). In addition, the property was surveyed for plant species listed by the Florida Department of Agriculture and Consumer Services and the USFWS as endangered, threatened, or commercially exploited and for plant species that are included on the Collier County Rare and Less Rare Plants lists (Land Development Code Section 3.04.03). The survey area included the previously cleared Parcel development limits. 2.0 METHODOLOGY The field survey was conducted during daylight hours by qualified ecologists walking parallel belt transects through the Parcel development area. Transects were spaced to ensure that sufficient visual coverage of ground and flora was obtained. Transect locations and spacings are shown on Appendix B. At regular intervals, the ecologists stopped, remained quiet, and listened for wildlife vocalizations. The survey was conducted with the aid of 8x or 1 Ox power binoculars. 3.0 RESULTS The field survey was conducted on January 14, 2022 survey. Weather conditions during the survey included: mostly sunny skies, temperatures in the low 70s, with winds ranging between five to ten miles per hour. No listed plant or wildlife species were documented within the Parcel development area. E6A-1 4.0 SUMMARY A listed species survey was conducted within the Parcel development area on January 14, 2022. No listed wildlife or plant species were documented within the Parcel development area. E6A-2 APPENDIX A PARCEL LOCATION MAP I � > 82 — — — - — I LEE s33 839 f I 3 !1 59 II IDLRv I T 849 46 29 N 51 OIL WELL RD 58 I 1 m I P.F. 01/18/22 REVIEWED BY DATEASSARELLA B.B. 01/ 18/22 :.ne.71. REVISED DATE - _ Ecningisc & !-1 SSOCIATES 2 APPENDIX B AERIAL WITH SURVEY TRANSECTS REVISIONS DATE DRAWN BY P.F. DESIGNED BY B.B. REVIEWED BY B.B. i "`. a- �� +j � . �t .� J * a #�,•..a ' � ".t � �.�` S y Bar, DATE 01/18/22 13620 Metropolis Avenue DATE Suite 200 01/18/22 Ft. Myers, FL 33912 DATE Phone (239) 274-0067 01/18/22 Fax (239) 274.0069 PASSARELLA iocs� & ASSOCIATES LEGEND: APPROXIMATE LOCATION OF SURVEYED TRANSECTS CONSTRUCTION LIMITS NOTES: AERIAL PHOTOGRAPHS WERE ACQUIRED THROUGH THE COLLIER COUNTY PROPERTY APPRAISER'S OFFICE WITH A FLIGHT DATE OF DECEMBER 2020. PROPERTY BOUNDARY AND CONSTRUCTION BOUNDARY PER WALDROP ENGINEERING, INC. DRAWING NO. 3730201BASE 2015-04-IO.DWG DATED MARCH 15, 2015. DRAWING No. SAN MARINO 99DCB454 AERIAL WITH SURVEY TRANSECTS SHEET No. APPENDIX B WILLOW RUN LISTED SPECIES SURVEY August 2021 1.0 INTRODUCTION This report documents the results of the listed species survey conducted by Passarella & Associates, Inc. for Willow Run (Project). The purpose of the survey was to review the Project's development area for wildlife species listed by the Florida Fish and Wildlife Conservation Commission (FWCC) or the U.S. Fish and Wildlife Service (USFWS) as endangered or threatened; and for occurrences of plant species listed by the Florida Department of Agriculture and Consumer Services (FDACS) and the USFWS as endangered, threatened, or commercially exploited; and/or for those species that are included on the Collier County Rare and Less Rare Plants lists (Land Development Code (LDC) Section 3.04.03). The Project is located in Sections 11, 12, 13, and 14; Township 50 South; Range 26 East; Collier County (Appendix A). More specifically, the site is located along the east side of Collier Boulevard (County Road 951) and approximately two miles south of Interstate 75 (Exit 101). The property is surrounded by a number of existing and permitted developments including Aventine Apartments, San Marino, and Forest Glen Golf & Country Club to the north; Hacienda Lakes to the east and south; Lido Isles to the southwest; and Naples National Golf Club and Club Estates to the west. The land uses within the development area consist of an inactive rock quarry with associated lakes and processing areas. The development area also contains remnant native vegetation including palmetto prairie; pine flatwoods; pine/cypress/cabbage palm; pine, hydric; and wet prairie with various degrees of disturbance by exotic vegetation. A Florida Land Use, Cover and Forms Classification System (FLUCFCS) map depicting these vegetation associates with acreages is provided as Appendix B. 2.0 FIELD SURVEY METHODOLOGY The listed species survey was conducted by qualified ecologists walking meandering transects through suitable habitats within the development area. Transects were spaced to ensure that sufficient visual coverage of ground and flora was obtained. The survey area encompassed the development limits and is shown on Appendix C. The survey was conducted during daylight hours and habitats were inspected for listed plant and wildlife species. At regular intervals the ecologists stopped, remained quiet, and listened for wildlife vocalizations. The survey was conducted with the aid of 8x or IOx power binoculars. The listed wildlife species surveyed for included, but were not limited to, the gopher tortoise (Gopherus polyphemus), Eastern indigo snake (Drymarchon corais couperi), red -cockaded woodpecker (Picoides borealis), wood stork (Mycteria americana), Big Cypress fox squirrel (Sciurus niger avicennia), Florida panther (Puma concolor coryi). The listed plant species surveyed for included species typical to upland and wetland habitats in this geographical region, as well as listed epiphytes and terrestrial orchids common in Southwest Florida. 3.0 RESULTS The field survey was conducted on July 27, 2021. Survey transects are depicted on Appendix C. Weather conditions at the start of the survey consisted of mostly clear skies, winds from the east- southeast at zero to five miles per hour, and temperatures in the upper 70s. The listed wildlife species and/or their sign (e.g., tracks, burrows, scat) documented included Florida panther tracks and nine gopher tortoise burrows (Appendix C). The Florida panther is listed as federally endangered by the USFWS. The gopher tortoise is listed as state threatened by the FWCC. Other wildlife species and/or their sign documented included Florida black bear (Ursus americanus floridanus) scat and a bald eagle (Haliaeetus leucocephalus) (Appendix C). The Florida black bear is no longer listed by the FWCC; however, is still protected under the Bear Conservation Rule (Florida Administrative Code Chapter 68A-4). The bald eagle is also no longer a listed species but is protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. Listed plant species documented included cardinal airplant (Tillandsia fasciculata), giant airplant (Tillandsia utriculata), Northern needleleaf (Tillandsia balbisiana), Simpson's stopper (Myrcianthes fragrans), and butterfly orchid (Encyclia tampensis) (Appendix C). The cardinal airplant and giant airplant are listed as endangered by the FDACS and designated a "less rare" species per Collier County LDC (Section 3.04.03). The Northern needleleaf is listed as threatened by the FDACS and is also designated a "less rare" species per Collier County LDC (Section 3.04.03). The Simpson's stopper is listed as threatened by the FDACS. The butterfly orchid is listed as commercially exploited by the FDACS and designated a "less rare" species per Collier County LDC (Section 3.04.03). 4.0 SUMMARY Listed wildlife species and/or sign observed within the survey area of the Project during the July 27, 2021 survey included Florida panther tracks and gopher tortoise burrows. Other wildlife species documented included the Florida black bear and bald eagle. Listed plant species documented within the Project's various habitats included cardinal airplant, giant airplant, Northern needleleaf, Simpson's stopper, and butterfly orchid. APPENDIX A PARCEL LOCATION MAP APPENDIX B AERIAL WITH FLUCFCS SFWMD WETLANDS MAP t REVISIONS f DATE DRAWN BY P.F. DATE 7/29/21 13620 Metropolis Avenue DESIGNED BY DATE Suite 200 J.S. 7/29/21 Ft. Myers, FL 33912 REVIEWED BY DATE Phone (239) 274-0067 L.E. 7/29/21 Fax (239) 274.0069 PASSARELLA ting & ASSOCIATES 2 LEGEND: SFWMD WETLANDS (147.88 AC.±) SFWMD "OTHER SURFACE WATERS" ' (222.14 Ac.±) DEVELOPMENT LIMITS FLUCFCS % OF CODE DESCRIP ON ACREAGE TOTAL 153 MINERAL PROCESSING 70.95 Ac.- 12.7% 163 ROCKQUARRY 219.30 Ac.- 39.2% 321 PALMETTO PRAIRIE (<5% EXOTICS) 10.52 Ac.- 1.9% 411 PINE FLATWOODS (<5% EXOTICS) 40.79 Ac.- 7.3% 4119 E7 PINE FLATWOODS, DISTURBED (0-24% EXOTICS) 6.14 Ac.- 1.1 % 4119 E2 PINE FLATWOODS, DISTURBED (25-49% EXOTICS) 0.95 Ac.- 0.2% 4119 E4 PINE FLATWOODS, DISTURBED (76-100% EXOTICS) 0.80 Ac.± 0.1% 4159 E7 PINE, DISTURBED (0-24%EXOTICS) 6.39 Ac.- 1.1 % 4159 E2 PINE, DISTURBED (25-49% EXOTICS) 6.70 Ac.- 1.2% 4159 E3 PINE, DISTURBED (50-75% EXOTICS) 0.83 Ac.- 0.1% 4159 E4 PINE, DISTURBED (76-100%EXOTICS) 5.37 Ac.- 1.0% 422/743 BRAZILIAN PEPPERIBERM 3.77 Ac.- 0.7% 4289 E2 CABBAGE PALM, DISTURBED (25-49% EXOTICS) 0.48 Ac.- 0.1% 4289 E4 CABBAGE PALM, DISTURBED (76-100% EXOTICS) 3.07 Ac.± 0.5% 4349 E2 HARDWOOD/CONIFER MIXED, DISTURBED (25-49% EXOTICS) 1.49 Ac 0.3% 4389 E2 MIXED HARDWOODS, DISTURBED (25-49% EXOTICS) 0.19 Aa 0.0% 514 DITCH 2.78 Ac.- 0.5% 520 POND 0.06Ac.- 0.0% 618 POPASH/WILLOW (<5%EXOTICS) 3.05 Ac.- 0.5% 61W POPASH/WILLOW (<5%EXOTICS) 0.16Ac.- 0.0% 6189 E4 POPASH/WILLOW, DISTURBED (76-100% EXOTICS) 0.73 Ac.± 0.1% 621 CYPRESS (<5% EXOTICS) 4.17 Ac.- 0.7% 621 CYPRESS (<5% EXOTICS) 0.82 Ac.- 0.1% 6219 E3 CYPRESS, DISTURBED (50-75% EXOTICS) 1.72 Ac.- 0.3% 6219 E4 CYPRESS, DISTURBED (76-100% EXOTICS) 1.23 Ac.-_ 0.2 % 624 PINE/CYPRESS/CABBAGE PALM (<5% EXOTICS) 78.74 Ac. - 14.1 % 624' PINE/CYPRESS/CABBAGE PALM (<5% EXOTICS) 14.99 Ac.-_ 2.7 % 6249 E2 PINE/CYPRESS/CABBAGE PALM, DISTURBED (25-49% EXOTICS) 0.85 Ac.- 0.2 % 6249 E3 PINE/CYPRESS/CABBAGE PALM, DISTURBED (50-75% EXOTICS) 4.20 Ac.- 0.8 % 6249 E4 PINE/CYPRESS/CABBAGE PALM, DISTURBED (76-100 % EXOTICS) 0.89 Ac.- 0.2 % 625 PINE, HYDRIC (<5% EXOTICS) 9.95 Ac.± 1.8% 625' PINE, HYDRIC (<5% EXOTICS) 6.78 Ac. - 1.2% 6259 E3 PINE, HYDRIC, DISTURBED (50-75% EXOTICS) 0.06 Ac.-_ 0.0% 630 WETLAND FORESTED MIXED 1.77Ac.- 0.3% 6309 E2 WETLAND FORESTED MIXED, DISTURBED (25-49% EXOTICS) 2.72 Ac.± 0.5% 6309 E4 WETLAND FORESTED MIXED, DISTURBED (76-100% EXOTICS) 2.15 Ac. - 0.4% 643 WET PRAIRIE (<5% EXOTICS) 34.97 Ac. - 6.3% 740 DISTURBED LAND 0.52 Ac. - 0.1% 814 PAVED ROAD 1.40Ac.-_ 0.3% 8146 PRIMITIVE ROAD 4.99 Ac.x 0.9% 832 ELECTRICAL POWER LINE EASEMENT 0.63Ac.± 0.1% 8321 ELECTRICAL POWER LINE EASEMENT, HYDRIC 0.68 Ac.± 0.1% 8335 WATER SUPPLY PUMPING STATION 0.30 Ac.± 0.1% TOTAL 559.05 Ac.- 100.0% *UPLAND AREAS PER FDEP PERMIT MODIFICATION NO.110134951-003 AND WETLANDS PER COE PERMIT NO.SAJ-1996-04158 NOTES AERIAL PHOTOGRAPHS WERE ACQUIRED THROUGH THE COLLIER COUNTY PROPERTY APPRAISER'S OFFICE WITH A FLIGHT DATE OF DECEMBER 2020. PROPERTY BOUNDARY PER RHODES AND RHODES LAND SURVEYING, INC. DRAWING NO. 2014-25PLAT-BNDY TO ENGINEER II-18-14.DWG DATED NOVEMBER 18, 2014. TOP OF BANK FOR LAKES 1-4 PER WALDROP ENGINEERING, INC. DRAWING No. WILLOW RUN LAKE -PRESERVE LINE- WORK.DWG DATED APRIL 10, 2015. SURVEYED WETLAND LINES PER RHODES AND RHODES LAND SURVEYING, INC. DRAWING NO. WILLOW RUN_4-7- 15.DWG DATED APRIL 8, 2015. WETLAND LIMITS APPROVED PER SFWMD ERP No. II-03730-P ISSUED ON JUNE 20, 2016. FLUCFCS LINES ESTIMATED FROM I"=300' AERIAL PHOTOGRAPHS AND LOCATIONS APPROXIMATED. Eff_ FLUCFCS PER FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCFCS) (FOOT 1999). DRAWING No. WILLOW RUN I 19SDL3044 AERIAL WITH FLUCFCS AND SFWMD WETLANDS MAP I SHEET No. APPENDIX B APPENDIX C AERIAL WITH SURVEY TRANSECTS AND LISTED SPECIES LOCATIONS r t REVISIONS 9 S LEGEND: -', APPROXIMATE LOCATION OF SURVEY TRANSECTS SURVEY AREA O BB FLORIDA BLACK BEAR (SCAT) O BE BALD EAGLE O BO BUTTERFLY ORCHID O CA CARDINAL AIRPLANT '• �� 1 '. O FP FLORIDA PANTHER (TRACK) yr�d O GA GIANT AIRPLANT O GT-1 GOPHER TORTOISE BURROW (TYP.) O NN NORTHERN NEEDLELEAF O SS SIMPSON'S STOPPER f DATE DRAWN BY P.F. DATE 8/16/21 13620 Metropolis Avenue DESIGNED BY DATE Suite 200 J.S. 8/16/21 Ft. Myers, FL 33912 REVIEWED BY DATE Phone (239) 274-0067 L.E. 8/16/21 Fax (239) 274.0069 ,.I .— I u �70 R PASSARELLA � AssocIATES z NOTES AERIAL PHOTOGRAPHS WERE ACQUIRED THROUGH THE COLLIER COUNTY PROPERTY APPRAISER'S OFFICE WITH A FLIGHT DATE OF DECEMBER 2020. PROPERTY BOUNDARY PER RHODES AND RHODES LAND SURVEYING, INC. DRAWING NO. 2014-25PLAT-BNDY TO ENGINEER II-18-14.DWG DATED NOVEMBER 18, 2014. DRAWING No. WILLOW RUN 19SDL3044 SHEET No. AERIAL WITH SURVEY TRANSECTS AND LISTED SPECIES LOCATIONS APPENDIX C LIDO ISLES UPDATED LISTED PLANT AND WILDLIFE SPECIES SURVEY February 2022 1.0 INTRODUCTION This report documents the results of the updated listed species survey conducted by Passarella & Associates, Inc. on January 14, 2022 for Lido Isles (Parcel). The Parcel totals 24.32± acres and is located in Section 11, Township 50 South, Range 26 East, Collier County (Appendix A). More specifically, the Parcel is located east of Collier Boulevard (CR 951) approximately 1.8 miles south of Davis Boulevard and 1.2± miles north of Rattlesnake Hammock Road. The Parcel borders Willow Run Quarry to the north and east, undeveloped land to the south, and CR 951 to the west. The Parcel site is comprised mainly of forested uplands and wetlands that have been disturbed by the invasion of high levels of exotic vegetation including melaleuca (Melaleuca quinquinervia), Brazilian pepper (Schinus terebinthifolia), and downy rose -myrtle (Rhodomyrtus tomentosa). The survey was conducted to determine whether the Parcel was being utilized by state and/or federally listed species as identified by the Florida Fish and Wildlife Conservation Commission and U.S. Fish and Wildlife Service (USFWS) as endangered, threatened, or species of special concern. In addition, the property was surveyed for plant species listed by the Florida Department of Agriculture and Consumer Services (FDACS) and the USFWS as endangered, threatened, or commercially exploited and for plant species that are included on the Collier County Rare and Less Rare Plants lists (Land Development Code (LDC) Section 3.04.03). 2.0 METHODOLOGY The field survey was conducted during daylight hours by qualified ecologists walking parallel belt transects through suitable habitats within the Parcel limits. Transects were spaced to ensure that sufficient visual coverage of ground and flora was obtained. Transect locations and spacings are shown on Appendix B. At regular intervals, the ecologists stopped, remained quiet, and listened for wildlife vocalizations. The survey was conducted with the aid of 8x or lOx power binoculars. 3.0 RESULTS The field survey was conducted on January 14, 2022. Weather conditions during the survey included mostly sunny skies with winds ranging from five to ten mile per hour, and temperatures in the low 70s. No listed wildlife species were documented on -site during the survey. E6C-1 Three listed plant species, the butterfly orchid (Encyclia tampensis), inflated wild pine (Tillandsia balbisiana), and stiff -leaved wild pine (Tillandsia fasciculata) were scattered throughout the Parcel site. The FDACS lists the butterfly orchid as commercially exploited, the inflated wild pine as threatened, and the stiffed -leaved wild pine as endangered. All three species are listed on the "Less Rare Plant" list per the County's LDC Section 3.04.03. Although these plants are protected at the state and local levels of government, they are rather ubiquitous to Southwest Florida. None of the plant species observed are federally listed. 4.0 SUMMARY A listed species survey was conducted on the Parcel site on January 14, 2022. No listed wildlife species were documented during the survey. Scattered occurrences of stiff -leaved wild pine, inflated wild pine, and butterfly orchids were documented throughout the Parcel limits. E6C-2 APPENDIX A PARCEL LOCATION MAP I _LEE _____ 82 83 ALICO RD\ GO RKSCREW-RDA ' I 833 PENSACOLA A-L-ANA E NS{VI E �D RANA Tv HENDRY 29 I ''IN S —I 858 ONA ACN z o OIL WELL RD N ! O J N m * U�) L m MEAN � z > a1 o J J LU I * PA w w > COLLIER I ROB CH 951 I BAR A TA LA P- CID 83 L i 1 r N FAT YE sa 838 89 NAPZLES FORT-LAUe ERDALE inml Gulf W F Of 94 Mexico s— — — — — — • I << MONROE s,� ,MY WEST fFOkBLVD a \, !a A rI a - 5. w L � # N PARCEL LOCATION SEC 11, TWP 50 S, RNG 26 E uJ • . 0 s i 7 a .ALez� x DRAWN BY DATE P.F. 01/ 18/22 APPENDIX A. PARCEL LOCATION MAP REVIEWED BY DATE PASSARELLA B.B. 01/18/22 c a Ott LIDO ISLES REVISED DATE E°I°s"` & ASSOCIATES2 APPENDIX B AERIAL WITH SURVEY TRANSECTS x. ! •4c j \ SCA V 4 ,c"•+�r, p iVt��* LE: 1'• — 150' K • ty� p ' �� • ` r v 17-` �� c p„. •:..� ,.�:�' , Y�4. .l, .r, �".-, I oia I I I I I _;,�•L I � I I- � .r s f I -,, I� t•'� ill .z - I I - _,� .. I I � I I I I I. _a �.,,'r� . I I I I I � I� � L �'�` w .. I .1 1 -• 40 r' I . APPROXIMATE LOCATION OF OW r 4 n �; SURVEYED TRANSECTS AwAERIAL PHOTOGRAPHS WERE ACQUIRED THROUGH 1f1lFa y' y JY 'ati ,,yam y.� fg`� @ i 4 t .-,y°S,1 A 'h '�,.�Y0.`i l:2 • y COLLIERTHE •PROPERTY ,r • •. • • 2020. PROPERTY BOUNDARY PEHOLE MONTES ENGINEERING �'C� r : ! 1k 6 ?4F.C`+y. f-`e'.:.r• .F+ DRAWING No. ACAD1 1 •4-13099MPO-140722.DWG 4� • • 1 14. 1 MetropolisAvenueDRAWING •• _ _ _ _ mm. u CRACKLIN JACK'S LISTED SPECIES SURVEY February 2022 1.0 INTRODUCTION This report documents the results of the listed species survey conducted by Passarella & Associates, Inc. on December 2, 2021 for the 4.86± acre Cracklin Jack's parcel (Parcel). The Parcel is located in Section 11, Township 50 South, Range 26 East, Collier County (Appendix A). More specifically, the Parcel is located along the east side of Collier Boulevard (CR 951), approximately 2.4 miles south of Interstate 75 and is bordered to the north by the permitted Lido Isles residential development, to the east by Willow Run Quarry, to the south by the permitted Isles of Naples residential development, and to the west by Collier Boulevard (CR 951). The Parcel is comprised of a paved parking area, abandoned buildings, disturbed land, and undeveloped, forested wetland areas that have been heavily invaded by exotic vegetation including melaleuca (Melaleuca quinquenervia) and Brazilian pepper (Schinus terebinthifolia). An aerial with boundary is attached as Appendix B. 2.0 LITERATURE REVIEW AND FIELD SURVEY METHODOLOGY A literature review and field survey were conducted to determine whether the Parcel was being utilized by state and/or federally listed species as identified by the Florida Fish and Wildlife Conservation Commission (FWCC) and the U.S. Fish and Wildlife Service (USFWS). In addition, the property was surveyed for plant species listed by the Florida Department of Agriculture and Consumer Services (FDACS) and the USFWS as endangered, threatened, or commercially exploited or species included on the Collier County Rare and Less Rare plant lists (Land Development Code (LDC) Section 3.04.03). 2.1 Literature Review The literature review involved an examination of available information on listed species in the geographical region of the Parcel. The literature sources reviewed included the FWCC's Florida's Endangered and Threatened Species (2021); Florida Atlas of Breeding Sites for Herons and Their Allies (Runde et al. 1991); USFWS Habitat Management Guidelines for the Bald Eagle in the Southeast Region (1987); the Florida Panther Habitat Preservation Plan (Logan et al. 1993); the Landscape Conservation Strategy Map (Kautz et al. 2006); the Audubon Eagle Watch database of eagle nest locations; and USFWS and FWCC databases for telemetry locations of the Florida panther (Puma concolor coryi), bald eagle (Haliaeetus leucocephalus), red -cockaded woodpecker (Picoides borealis) (RCW), Florida scrub jay (Aphelocoma coerulescens), and wading bird rookeries (such as wood stork (Mycteria americana)) in Collier County. The FWCC and USFWS E6D-1 database information is updated on a periodic basis and is current through different dates, depending on the species. The database is current through the noted dates: bald eagle nest locations — 2021; panther telemetry — June 2021; RCW locations — September 2021; and scrub jay — September 2021. 2.2 Field Survey The field survey was conducted during daylight hours by qualified ecologists walking parallel belt transects across the Parcel. Transects were spaced to ensure that sufficient visual coverage of ground and flora was obtained (Appendix Q. At regular intervals the ecologists stopped, remained quiet, and listened for wildlife vocalizations. The survey was conducted with the aid of 8x or 1 Ox power binoculars. The listed wildlife species that were surveyed included, but were not limited to, the gopher tortoise (Gopherus polyphemus), Eastern indigo snake (Drymarchon corais couperi), RCW, wood stork, Big Cypress fox squirrel (Sciurus niger avicennia), and Florida panther. The listed plant species that were surveyed included species typical to forested upland and wetland habitats in this geographical region, as well as listed epiphytes (Tuberolabium guamense) and terrestrial orchids (Spathoglottis plicata) common in Southwest Florida. 3.0 RESULTS 3.1 Literature Review According to FWCC and Audubon Eaglewatch databases, the closest bald eagle nest is CO-060, which is located approximately one mile to the south of the property (Appendix D). This distance is beyond the USFWS and the FWCC recommended 660-feet buffer protection zone for active, and alternate bald eagle nests and should not affect the development potential of the site. Bald eagles are not a state or federally listed species; however, they are protected under the Bald and Golden Eagle Protection Act. The Parcel is located within the 30± kilometer (18.6± miles) Core Foraging Area (CFA) of one documented wood stork rookery (No. 619018) (Appendix E). The wetlands on -site are predominantly infested with exotic vegetation including Brazilian pepper and melaleuca. As such, the property's foraging potential is rather poor. The wood stork is a state and federally listed threatened species. The Parcel is located within the limits of the USFWS consultation area for the RCW (Appendix F). The FWCC database indicates that the nearest RCW occurrence is approximately one mile southwest of the Parcel (Appendices D and F). This location, along with the others documented west of CR 951, is considered a relic or historic location. The RCW is a state and federally listed endangered species. Two Florida panther telemetry points are located on the Parcel with multiple in the immediate vicinity (Appendix D). The on -site telemetry points are from Florida panther E6D-2 No. 219 recorded in 2015 and Florida panther No. 148 recorded in 2010. Both panthers were recorded as deceased in 2015. The property is also located within the Florida panther primary zone (Kautz et al. 2006) (Appendix G). The Florida panther is a state and federally listed endangered species. The Parcel is located within the USFWS Florida bonneted bat (Eumops floridanus) (FBB) consultation area and partially within the proposed critical habitat area (Appendix H). The Parcel contains potential FBB roosting and foraging habitat. The Florida bonneted bat is a state and federally listed endangered species. 3.2 Field Survey The field survey was conducted on December 2, 2021. Weather conditions during the survey included sunny skies, with east winds ranging from zero to five miles per hour, and temperatures in the 60s. No listed wildlife species were documented during the field survey. Scattered occurrences of three listed plant species were documented on -site. They included stiff -leaved wild pine (Tillandsia fasciculata), inflated wild pine airplant (Tillandsia balbisiana), and Florida butterfly orchids (Encyclia tampensis). The stiff - leaved wild pine, inflated wild pine, and butterfly orchid are listed as endangered, threatened, and commercially exploited, respectively, by the FDACS. All three species are listed on the Collier County Less Rare Plant list. Although these plants are protected at the state and local levels of government, they are rather ubiquitous to Southwest Florida. None of the documented species are federally listed. 4.0 SUMMARY The literature search and review of agency databases documented two historic Florida panther telemetry locations on the Parcel. The two locations were from Florida Panther Nos. 148 and 219, both of which were reported as deceased since 2015. The Parcel is not located within the vicinity of an active bald eagle nest. The Parcel is within the CFA of one wood stork colony CFA (No. 619018) and is within the consultation area for the RCW and FBB and is also within the limits of the proposed critical habitat for the FBB. The Parcel is located within the primary zone for the Florida panther. No listed wildlife species were documented on the Parcel during the December 2, 2021 field survey. Scattered occurrences of stiff -leaved wild pine, inflated wild pine, and Florida butterfly orchids were documented on -site during the field survey. 5.0 REFERENCES Fitzpatrick, J.W., G.E. Woolfenden and M.T. Kopeny. 1991. Ecology and development -related habitat requirements of the Florida scrub jay (Alphelocoma coerulescens coerulescens). E6D-3 Florida Game and Fresh Water Fish Commission, Nongame Wildlife Program Technical Report No. 8 Tallahassee, FL.49 pp. Florida Fish and Wildlife Conservation Commission. 2021. Florida's Endangered and Threatened Species. Official Lists, Bureau of Non -Game Wildlife, Division of Wildlife. Florida Fish and Wildlife Conservation Commission. Tallahassee, Florida. Kautz, R., R. Kawula, T. Hoctor, J. Comiskey, D. Jansen, D. Jennings, J. Kasbohm, F. Mazzotti, R. McBride, L. Richardson, K. Root. 2006. How much is enough? Landscape -scale conservation for the Florida panther. Biological Conservation, Volume 130, Issue 1, Pages 118-133 Logan, Todd, Andrew C. Eller, Jr., Ross Morrell, Donna Ruffner, and Jim Sewell. 1993. Florida Panther Habitat Preservation Plan South Florida Population. U.S. Fish and Wildlife Service; Gainesville, Florida. Runde, D.E., J.A. Gore, J.A. Hovis, M.S. Robson, and P.D. Southall. 1991. Florida Atlas of Breeding Sites for Herons and Their Allies, Update 1986 - 1989. Nongame Wildlife Program Technical Report No. 10. Florida Game and Fresh Water Fish Commission, Tallahassee, Florida. U.S. Fish and Wildlife Service. 1987. Habitat Management Guidelines for the Bald Eagle in the Southeast Region. E6D-4 APPENDIX A PARCEL LOCATION MAP _LEE _____ h I ALICO RD\ 5 82 83 CORKSCREW-RD� i 833 I -11 HENDRY 29 o OIL WELL RD 858 r D m � LI m � LU I J I u w COLLIER I s I 83 L 89 839 Ij Gulf of 0 -r— — — — — —• Mexico W E s ICY WEST Al n CIO DRAWN BY DATE P.F. 12/17/21 APPENDIX A. PARCEL LOCATION MAP REVIEWED BY DATE PASSARELLA CRACKLIN JACK'S R.F. 12/17/21 REVISED DATE I �.[ `i' & ASSOCIATES 2 APPENDIX B I\ If .M /\ IM I I w ' I WO "011 1711.A•1 d- APPENDIX C AERIAL WITH LISTED SPECIES LOCATIONS AND TRANSECTS , "P < 3^s PARCEL • ' .J '� - TILFAS - ----------------- ------------- --- ----- -� ---- TILFAS------- ----TILBAL- -�, ------------- • ENCTAM - •----- w$i APPENDIX D DOCUMENTED OCCURRENCES OF LISTED SPECIES qL . r • ' , .� «*++; • ';�•, . , LEGEND 2 • ' *, Z • AP n i GOLDEN GATE PKWY • + + ' 4" RADIO RD BECK BLV • , + , '4 + • • •f' : : i • •+ j ' •: • ,+ y+.tom , " * + � • m, � •ice ' • , , Ws# '��• e + + �,•�f • , PARCEL LOCATION , + • •� • ' ; ' ' • '• ' ' '+' •tee;;+. ' • _ ... ' DAVIS BLVD •s �; • • + • . + o o + ,,, ,, , • , ,, , • z + , • + e z • , >f #t • • +•• , i,' • „ %, ;. • e Miles 0. THOMASSON DR RATTLESNAKE H SMOCK • "•," • • : �, " * • •"� +, * * : + + •# • • •, • , • • • • +♦' : DRAWN BY DATE T.J. 12/27/21 APPENDIX D. DOCUMENTED OCCURRENCES OF LISTED SPECIES REVIEWED BY DATE PAS SARE LLA CRACKLIN JACK'S R.F. 12/27/21 Consu111 & ASSOCIATES REVISED DATE APPENDIX E FLORIDA WOOD STORK NESTING COLONIES AND 18.6 MILE CORE FORAGING AREAS i EE TERRY ST { - '8T•A BEACH RD a O O N, q P. OIL WELL RD LEGEND o � D A O A v c ❑ r GOLDE' �A EBL z m O A OO � J O Y7 - O o COLLIER m E, GOLDEN GATE PKW� ❑ T N D � m X• \ �� RADIO=D 0 O y W Eo w � \ S - PARCEL LOCATION o s a Miles e Gulf of Mexico L---s • - a "P/ "., APPENDIX E. FLORIDA WOOD STORK NESTING COLONIES AND 18.6 MILE CORE FORAGING AREAS CRACKLIN JACK'S T.S. 12/2PA S SA R E L LA REVIEWED BY DATEAn R.F. 12/ DAn °nsui & ASSOCIATE S REVISED DATE _ wlOg18� APPENDIX F RCW CONSULTATION AREA WITH LOCATIONS APPENDIX G PANTHER ZONES WITH PANTHER FOCUS AREA a� 9 LEGEND L C) N W E S 0 1 2 Miles COLLIER D PARCEL LOCATION T.S. 12/27/21 affifift APPENDIX G. PANTHER ZONES WITH PANTHER FOCUS AREA REVIEWEDRY DATE 60TASSARELLA R.F. 12/27/21 ASSOCIATES CRACKLIN JACK'S REVISED DgTE -- �COIOn15[5 APPENDIX H FLORIDA BONNETED BAT CONSULTATION AREA AND PROPOSED CRITICAL HABITAT MAP EXHIBIT 7 NATIVE VEGETATION MAP Ao� SCALE: 1" = 400' W y 411 y y w y y w y y w y y y y y w (0.33 AC.± W W . . W y 415 LEGEND: w w W w W W w W W w w 0.50 AC.±) . W W W W W. w NATIVE VEGETATION W w W W W W w W W W W W W W W W w El (51.66 AC.±) y 621y y W y w W W w W w y w W W w W w W w y w y SFWMD WETLANDS El 0.78 AC.±) W W W 426 w w W w W w W w ^/ (48.66 Ac.±) W W W W W W W w W W W (0.46 AC.±) W wn W W W W W W W W W W W W w / v SURVEYED WETLAND LINE FLUCFCS % OF CODES DESCRIPTIONS ACREAGE TOTAL 411 PINE FLATWOODS 0.47Ac.-- 0.2% 415 PINE 1.5OAc.- 0.8% 426 TROPICAL HARDWOODS 1.03Ac.- 0.5% 621 CYPRESS 4.97Ac.- 2.5% 624 CYPRESS/PINE/CABBAGE PALM 42.94Ac.- 21.9% 625 PINE, HYDRIC 0.75Ac.- 0.41% 740 DISTURBED LAND 144.77Ac.- 73.7% TOTAL 196.43 Ac.± 100.0% NOTES PROPERTY BOUNDARY AND PRESERVE AREA PER WALDROP ENGINEERING, INC. DRAWING NO. 3730201BASE 2015- 04-IO.DWG DATED MARCH 15, 2015. FLUCFCS LINES ESTIMATED FROM I"=200' AERIAL PHOTOGRAPHS AND LOCATIONS APPROXIMATED. FLUCFCS PER FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCFCS) (FDOT 1985). SURVEYED WETLAND LINES SHOWN PER RWA DRAWING No. FIELD LOCATED SFWMD LINE.DWG DATED FEBRUARY 19, 1999. WETLAND LINES FIELD VERIFIED BY CRAIG SCHMITTLER (SFWMD) ON JANUARY 7, 1999, RE -VERIFIED BY CATHERINE HAWKINS (SFWMD) ON MAY 10, 2006, AND BY JEWELENE HARRIS (SFWMD) ON OCTOBER 8, 2014. REVISIONS DATE DRAWN BY DATE DRAWING No. R.F., H.H. 01/19/22 13620 Metropolis Avenue DESIGNED BY DATE Suite 200 PASSARELLA SAN MARINO 19SDL3044 B.B. 01/19/22 Ft. Myers, FL 33912 SHEET No. Phone (239) 274.0067 _ �°�'"ng NATIVE VEGETATION MAP REVIEWED BY DATE �Iy & ASSOCIATES z' EXHIBIT 7A B.B. 01/19/22 Fax (239) 274,0069 U . . . . . . . . . . . . . . . ............... .......... . . . . . . . . . . . . . . . SCALE: V = 800' ............... 624 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 411 - ' 19 _,7. 625 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 321 (3.00 Ac.±) C�A 514(2.68 A<. t)` (2.72 AG 3) 411 (32.54 A-) 625 .(2.69 Ac.±). 321 P/L 0.75 Ac.±) LAKE #1 624, 625• 4389E2 4159EI 8146 (6.78 Ac.±) (0.57 AG 3) 4159E4 4159E2 6309E4 , ` 10.19 Act) (6.39 Ac.±) (3.55 A-) (0.20 Ac.±) (5.07 Ac.±) (2.15 Ac.3) - 624• . (1.36 Ac.±) 8335 4159E2 / 4159E3� (0.13 A-) (0. 63 Ac. 4159E3 (0.29 Ac.±) 411 0.12 Ac.t)� (0.27 Ac.:) 25 6219E3 163 (0.87 At. t_) 411 (83. 51 Ac.A) 1.72 Ac.±) 163 - - - - (0.64 Ac.± ' (2.06 A-) - 624' ' 219E4+ 4159E 163 624'�f)\ 621 6249E4 8321 (1.23 AG (0.52 Ac ±) (168 A- 624 (0"�J d +' .(L.17 Ac. (0.68 Ac.±) ..27 AL ±). (0.89 Ac.±) (22..02 4289E2 624' 6249E3 (0.48 Ac.±) (11.75 A-) 4119E2 0.21 Ac.±) 6309E2 8146 (0.46 Ac .t (2.72 Ac. S). (1.25 Ac. t) 4349EZ - ' 153 4159EL 163 624 (1.49 Ac.± 4289E4 (I.55 ALA (0.87 A-) 159E4 (70.95 Ac.±) (0.34 Ac.±) 814 832 (3.07 Ac.±) 740 0.76 Ac (0.25 Ac.±) 0.40 A-) (0.63 Ac.±) 4159E4 (1.03 Ac.±) 411 8146 (6.63 Ac.±) 618' 520 22/743 (0.19 A-) (0.06 Ac± (2. 9 A- LAKE #4 ro.16 621' 6249E2 (0624 so AL±) LAKE #2 (o.ez Ac.±) z9E4 163 163 4159E2 (0.56 ALA 514 (0.10 Ac.±) 321 422/743 (1.55 A-) 4159E2 (1.28 A-) (0.44740 c +) 624 (0. 27 Ac.±) 4159E 4119E4 (0.92 AL±) 8335 0.09 ALt) (0.38 AC (0.17 Ac.t / 411 E4 4I'' AC 411 A .33 AC 4159E4 4119E2 6249E2 y y (0.22 ALA) (0.17 Ac.t) (0.20 Ac.±) (0.33 ALt) (0.14 Ac.±) (0.35 ALA) (06 Ac.A) + 4119EI 618 (3.83 Ac.±) 4119EI ' (2.75 Ac.t) 6249E2 . (2.31 Ac.± LAKE #3 (0.12 Ac.±) 624 E3 N8 ..V �630+ 4119E2 4119E2 625 E3 643 0.77 AL±) (0.10 Ac.±) (0. 04 Ac.±) (0.06 ALA) (34.97 AL±)' LL�411 +� 321 .+ W , (0.52 Ac.t (I.SO�Ac.±) ... + LEGEND: aNATIVE VEGETATION (253.67 AC.±) ELECTRICAL POWERLINE EASEMENT PRESERVE NOT USED FOR MITIGATION (0.68 Ac.±) SFWMD WETLANDS (147.88 Ac.±) ®SFWMD 'OTHER SURFACE WATERS" (222.14 AC.±) SURVEYED WETLAND LINE FLUCFCS CODE DESCRIPTION % OF ACREAGE TOTAL 153 MINERAL PROCESSING 70.95Ac.t 12.7% 163 ROCK QUARRY 219.30Ac 39.2% 321 PALMETTO PRAIRIE (<5%EXOTICS) 10.52Ac.t 1.9% 411 PINE FLATWOODS (<5% EXOTICS) 40.79Ac.± 7.3% 4119 E7 PINE FLATWOODS, DISTURBED (0-24%EXOTICS) 6.14Ac.± 1.1% 4119 E2 PINE FLATWOODS, DISTURBED (25-49%EXOTICS) 0.95Ac.± 0.2% 4119 E4 PINE FLATWOODS, DISTURBED (78-100%EXOTICS) 0.8OAc.± 0.1 4159 E7 PINE, DISTURBED (0-24% EXOTICS) 5.39Ac.± 1.1 4159 E2 PINE, DISTURBED (2549% EXOTICS) 5.70Ac.± 1.2% 4159 E3 PINE, DISTURBED (50-75% EXOTICS) 0.83Ac.± 0.1 4159 E4 PINE, DISTURBED (78-1 W % EXOTICS) 5.37Ac.± 1.0% 422/743 BRAZILIAN PEPPEFWBERM 3.77Ac.± 0.7% 4289 E2 CABBAGE PALM, DISTURBED (25-49% EXOTICS) 0.48 Ac.± 0.1 4289 E4 CABBAGE PALM, DISTURBED (78-10D% EXOTICS) 3.07 Ac.± 0.5% 4349 E2 HARDWOOD/CONIFER MIXED, DISTURBED (25-49% EXOTICS) 1.49 Ac.± 0.3% 4389 E2 MIXED HARDWOODS, DISTURBED (25-49% EXOTICS) 0.19 Ac.± 0.0% 514 DITCH 2.78Ac.± 0.5% 520 POND 0.06Ac.± 0.0% 618 POP ASH/WILLOW(<5%EXOTICS) 3.05Ac.± 0.5% 618* POP ASH/WILLOW(<5%EXOTICS) 0.16Ac.± 0.0% 6189 E4 POPASH/WILLOW, DISTURBED (78-100% EXOTICS) 0.73Ac.± 0.1% 621 CYPRESS (<5%EXOTICS) 4.17Ac.± 0.7% 621* CYPRESS (<5% EXOTICS) 0.82Ac.± 0.1% 6219 E3 CYPRESS, DISTURBED (50-75% EXOTICS) 1.72Ac.± 0.3% 6219 E4 CYPRESS, DISTURBED (76-1001% EXOTICS) 1.23Ac.± 0.2% 624 PINE/CYPRESS/CABBAGE PALM (<5% EXOTICS) 78.74Ac.± 14.1% 624* PINE/CYPRESS/CABBAGE PALM (<5% EXOTICS) 14.99Ac.± 2.7% 6249 E2 PINE/CYPRESS/CABBAGE PALM, DISTURBED (25-49% EXOTICS} 0.85 Ac.± 0.2% 8249 E3 PINE/CYPRESS/CABBAGE PALM, DISTURBED (5P75% EXOTICS} 4.20 Ac.± 0.8% 6249 E4 PINE/CYPRESS/CABBAGE PALM, DISTURBED (75-100% EXOTICS) 0.89 Ac.± 0.2% 625 PINE, HYDRIC (<5% EXOTICS) 9.95Ac.± 1.8% 625* PINE, HYDRIC (<5% EXOTICS) 6.78Ac.± 1.2% EIM E3 PINE, HYDRIC, DISTURBED (50-75%EXOTICS) 0.06Ac.± 0.0% 830 WETLAND FORESTED MIXED 1.77Ac.± 0.3% 8309 E2 WETLAND FORESTED MIXED, DISTURBED (25.49%EXOTICS) 2.72Ac.± 0.5% 8309 E4 WETLAND FORESTED MIXED, DISTURBED (76-1 OD%EXOTICS) 2.15Ac.± 0.4% 843 WET PRAIRIE (<5%EXOTICS) 34.97Ac.± 6.3% 740 DISTURBED LAND 0.52Ac.± 0.1 814 PAVED ROAD 1.40Ac., 0.3% 8146 PRIMITIVE ROAD 4.99Ac.± 0.9% 832 ELECTRICAL POWER LINE EASEMENT 0.83Ac.± 0.1% 8321 ELECTRICAL POWER LINE EASEMENT, HYDRIC O.WAc.± 0.1 8335 WATER SUPPLY PUMPING STATION 0.30Ac., 0.1% TOTAL 559.05 Ac.± 100.0% * UPLAND AREAS PER FDEP PERMIT MODIFICATION NO.110134951-003 AND WETLANDS PER COE PERMIT NO.SAJ-1996-04158 NOTES PROPERTY BOUNDARY PER RHODES AND RHODES LAND SURVEYING, INC. DRAWING NO. 2014-25PLAT-BNDY TO ENGINEER II-18-14.DWG DATED NOVEMBER 18, 2014. PROPOSED CONSERVATION AREA BOUNDARY PER WALDROP ENGINEERING, INC. DRAWING NO. CONSERVATION LIMITS.DWG DATED AUGUST 12, 2015. PROPOSED CONSERVATION LINE CONCEPTUALLY APPROVED BY FDEP ON JUNE 25, 2015 AND BY COE ON MARCH 13, 2015. TOP OF BANK FOR LAKES 1-4 PER WALDROP ENGINEERING, INC. DRAWING No. WILLOW RUN LAKE -PRESERVE LINE-WORK.DWG DATED APRIL 10, 2015. SURVEYED WETLAND LINES PER RHODES AND RHODES LAND SURVEYING, INC. DRAWING NO. WILLOW RUN_4-7-15.DWG DATED APRIL 8, 2015. WETLAND LIMITS ESTIMATED AND OVERALL ACREAGE MAINTAINED IN ACCORDANCE WITH ACTIVE FDEP PERMIT MODIFICATION NO.110134951-003. LAND SEPARATION BETWEEN LAKE 3 AND LAKE 4 AERIAL INTERPRETED. FLUCFCS LINES ESTIMATED FROM 1"=300' AERIAL PHOTOGRAPHS AND LOCATIONS APPROXIMATED. FLUCFCS PER FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCFCS) (FDOT 1999). REVISIONS DATE DRAWN BY DATE DRAWING No. D.B./F.L. 8/31/15 13620 Metropolis Avenue DESIGNED BY DATE Suite 200 PASSARELLA WILLOW RUN 19sDL3o44 M.M. 8/31/15 Ft. Myers, FL 33912 SHEET No. Phone (239) 274.0067 _ �°�'"ng NATIVE VEGETATION MAP REVIEWED BY DATE �Iy & ASSOCIATES z' EXHIBIT 7B M.M. 8/31/15 Fax (239) 274,0069 V SCALE: 1" = 200' 8301 (0.46Ac.±) 743 (0.54 Ac.±) 4279E1 _ W W 6249E3 W W (0.27 Ac.±) " , " W " , " , " `(2.26 Ac.±) W . 8301 . . W (0.61 Ac.±) 4119E2 W W W W (4.16Ac. 6259E2 - - . . 0.53 Ac.±) 3219E1 ". .". (0.17 AC. ) 830 6319E2 6249E2 .`.W.`. y.(2.20Ac.±) .. ..., (0.41Ac.±) y W W W(3.68Ac.±)WWWWWWWWWyW.W.WWW.WWW 6219E2 -.W. y.W.. . . . . .W . . . .LL. .W . 4119E2 WW'(2.37Ac.±), w W (1.19 Ac.±) 7401 830 (0.04 Ac.±) (0.35 Ac. ) w _ 6259E3 W W W (2.77Ac.±) 422 `.`.`. .`- 7401 (0.42Ac.±) ..WWW.WwW.WWWW.yWWWWWwWW.yWW.yWW.WWwWWWy (0.53Ac.±). 6259E2 830 8301 740 (0.11 Ac.±) (0.11 Ac.±) (0.03 Ac.±) (0.11 Ac.±) P/L LEGEND: SFWMD WETLANDS (15.15 Ac.±) aNATIVE VEGETATION (18.92 AC.±) V SURVEYED WETLAND LINE FLUCFCS % OF CODES DESCRIPTIONS ACREAGE TOTAL 3219 E1 PALMETTO PRAIRIE, DISTURBED (0-24 % EXOTICS) 0.17 Ac.± 0.7% 4119 E2 PINE FLATWOODS, DISTURBED (25-49% EXOTICS) 5.35 Ac.± 22.0% 422 BRAZILIAN PEPPER 0.42Ac.± 1.7% 4279 E1 OAK, DISTURBED (0-24% EXOTICS) 0.27 Ac.± 1.1 % 6219 E2 CYPRESS, DISTURBED (25-49% EXOTICS) 2.37 Ac.± 9.7% 6249 E2 CYPRESS/PINE/CABBAGE PALM, DISTURBED (25-49 % EXOTICS) 3.68 Ac.± 15.1 % 6249 E3 CYPRESS/PINE/CABBAGE PALM, DISTURBED (50-75 % EXOTICS) 2.26 Ac.± 9.3% 6259 E2 PINE, HYDRIC, DISTURBED (25-49% EXOTICS) 1.64 Ac.± 6.7% 6259 E3 PINE, HYDRIC, DISTURBED (50-75% EXOTICS) 2.77 Ac.± 11.4% 6319 E2 WETLAND SHRUB, DISTURBED (25-49% EXOTICS) 0.41 Ac.± 1.7% 740 DISTURBED LAND 0.11 Ac.± 0.5% 7401 DISTURBED LAND, HYDRIC 0.57 Ac.± 2.3% 743 SPOIL AREAS 0.54 Ac.± 2.2% 830 UTILITIES 2.31 Ac.± 9.5% 8301 UTILITIES, HYDRIC 1.45 Ac.± 6.0% TOTAL 24.32 Ac.± 100.0% NOTES PROPERTY BOUNDARY AND SURVEYED WETLAND LINES PER HOLE MONTES ENGINEERING DRAWING NO. JURIS_ BND.DWG DATED FEBRUARY 10, 2014. PRESERVE AREA PER HOLE MONTES ENGINEERING DRAWING NO. 13099MPO.DWG DATED SEPTEMBER 14, 2014. FLUCFCS LINES ESTIMATED FROM 1'=200' AERIAL PHOTOGRAPHS AND LOCATIONS APPROXIMATED. FLUCFCS PER FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCFCS) (FDOT 1999). UPLAND/WETLAND LINES HAVE NOT BEEN REVIEWED BY ANY REGUALTORY AGENCY AND ARE SUBJECT TO CHANGE. REVISIONS DATE DRAWN BY DATE DRAWING No. H.H. 6/24/14 13620 Metropolis Avenue 19SDL3044 DESIGNED BY DATE Suite 200 LIDO ISLESC.G.R. 6/24/14 Ft. Myers, FL 33912 SHEET No. !6PASSARELLA 7�7`REVIEWED BY DATE Phone (239) 274'0067- l°��srs SSOCIATEs NATIVE VEGETATION MAP Fax (239) 274.0069 EXHIBIT 7C Ao� K.J SCALE: V = 100' 0 J m CZ' w 8301 APPROXIMATE (0.02 Ac.±) 0 P/L W 6249E4 w w w w w W (0.21 Ac.±) W W W W W W W W W w w W W W W W 8301 743 740 4159E4 W W W W (0.34 Ac.±) W 0.12 Ac.±) (0.14 Ac.±) .r .y .y 6249E3 W .. 190 (068 Ac±) W W W W (2.54 Ac.±) w W w w (0.23 AC.±) W W W W W W W w w w W W W 4159E4WWWWWWWWWWWWWWWWWwWW wWWWWWW WWWWWWWWWWW WWwWwWWWWWWWWWWWWWWWWWWWW wWWWWWW W 830 W (0.27 Ac.±) W (0.17 AC.+) 514 W W W W (0.14 Ac.±) LEGEND: NOTES: FLUCFCS % OF SFWMD WETLANDS CODES DESCRIPTIONS ACREAGE TOTAL PROPERTY BOUNDARY ESTIMATED FROM THE (3.11 AC.±) 190 OPEN LAND 0.23Ac.± 4.7% COLLIER COUNTY PROPERTY APPRAISER'S GIS ® SFWMD "OTHER SURFACE WATERS" 4159 E4 514 PINE, DISTURBED (76-100% EXOTICS) 0.41 Ac.± DITCH 0.14Ac.± 8.4% 2.9% WEBSITE. (0.14 AC.±) 6249 E3 CYPRESS/PINE/CABBAGE PALM, DISTURBED (50-75%EXOTICS) 2.54Ac.± 52.3% FLUCFCS LINES ESTIMATED FROM I"=200' AERIAL PHOTOGRAPHS AND LOCATIONS APPROXIMATED. F-1 NATIVE VEGETATION 6249 E4 740 CYPRESS/PINE/CABBAGE PALM, DISTURBED (76-100%EXOTICS) 0.21 Ac.± DISTURBED LAND 0.68Ac.± 4.3% 14.0% (3.16 AC.±) FLUCFCS PER FLORIDA LAND USE, COVER 743 SPOILAREA 0.12Ac.± 2.5% AND FORMS CLASSIFICATION SYSTEM (FLUCFCS) NON-NATIVE VEGETATION 830 UTILITIES 0.17Ac.± 3.5% (FDOT 1999). 71 (1.70 AC.±) 8301 UTILITIES, HYDRIC 0.36Ac.± 7.4% TOTAL 4.86 Ac.± 100.0% UPLAND/WETLAND LIMITS HAVE NOT BEEN REVIEWED BY ANY REGULATORY AGENCY AND ARE SUBJECT TO CHANGE. REVISIONS DATE DRAWN BY R.A.F. DATE 12/03/21 13620 Metropolis Avenue DRAWING No. 19SDL3044 Suite 200 PASSARELLA CRACKLIN JACK'S DESIGNED BY R.F. DATE 12/03/21 Ft. Myers, FL 33912 Phone (239) 274.0067 Fax (239) 274.0069 _ �°�'"ng �Iy & ASSOCIATES z' NATIVE VEGETATION MAP SHEET No. EXHIBIT 71) REVIEWED BY DATE B.B. 12/03/21 SAN MARINO RPUD Planned Unit Development Amendment Application TRAFFIC IMPACT STATEMENT Planning + Landscape Architecture DocuSign Envelope ID: 6849435B-EA53-4CC4-84E4-F10C75BF6259 JMB TRANSPORTATION ENGINEERING, INC. TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT San Marino PUD Amendment (Collier County, Florida) November 22, 2021 Revised May 5, 2022 County TIS Review Fees TIS Methodology Review Fee = $500.00 TIS (Major Study) Review Fee=$1,500.00 Prepared by: JMB TRANSPORTATION ENGINEERING, INC. 4711 7TH AVENUE SW NAPLES, FLORIDA 341 19 CERTIFICATE OF AUTHORIZATION NO. 27930 (JMB PROJECT No. 210814) DocuSigned by: hall a Baldw, `,t`�/�! E519D679D23E47F... ,. 4••�Af��S �NSle 6 r < v �� • W W I i • q 02, 1171 JAMES-W.BANKS, 10.4 DATE FLORIQ9 REr. N0. 43r�6'O, DocuSign Envelope ID: 6849435B-EA53-4CC4-84E4-F10C75BF6259 TABLE OF CONTENTS PUD Amendment Summation and Conclusions 2 Methodology 3 Scope of Project 4 Table A — Approved and Proposed Land Uses 4 Figure 1- Project Location & E+C Road Classification 4.1 Master Concept Plan 4.2 & 4.3 Project Generated Traffic 5 Table B - Project -Generated Trips 5 Table 1A - Trip Generation Computations 5.1 Table 111 - Trip Generation Computations 5.2 Existing + Committed Road Network 6 Project Traffic Distribution 6 Area of Significant Impact 6 Figure 2 - Project Traffic Distribution 6.1 Table 2 - Area of Impact/Road Classification 6.2 2021 thru 2028 Project Build -out Traffic Conditions 7 Table 3 - 2021 & 2028 Link Volumes 7.1 Table 4 - 2028 Link Volumes/Capacity Analysis 7.2 Appendix 8 1 DocuSign Envelope ID: 6849435B-EA53-4CC4-84E4-F10C75BF6259 PUD Amendment Summation and Conclusions San Marino is a residential PUD that was approved for the development of 650 single- family and multi -family dwelling units and two (2) points of access on Collier Boulevard. To date, San Marino is partially developed with a 350-unit multi -family use that is served by the PUD's southernmost access on Collier Boulevard. It is currently planned that the remaining undeveloped portion of San Marino (i.e., 300 single-family and multi -family dwelling units) will be served by a separate access (i.e., north access) on Collier Boulevard, which may or may not be constructed pending the outcome of the proposed PUD Amendment. It is proposed to amend the San Marino PUD in order to merge a contiguous and approved PUD known as Willow Run into San Marino, as well as adding four (4) other adjacent parcels that have a combined size of 29.8 +/- acres. San Marino was approved for 650 single-family and multi -family dwelling units, and to date 350 multi -family have been constructed. Willow Run has been approved for the development of 590 single- family and/or multi -family dwelling units, but to date, Willow Run remains undeveloped. The adjacent 29.8 +/- acres consist of three (3) undeveloped parcel and one (1) developed parcel (i.e., vacated restaurant use), which had a right-in/out access on Collier Boulevard. The four adjacent parcels have the development potential of single-family and/or multi- family dwelling units. The proposed merger of Willow Run into the San Marino PUD and adding the adjacent 29.8 +/- acres supports the request to develop up to 1,321 dwelling units of which 350 multi -family have been constructed within the San Marino PUD. If approved, the results will be the potential development of the remaining 971 dwelling units as multi -family and/or single-family units. Also, if the amendment is approved, then access for the combined portions of both PUDs and the additional 29.8 +/- acres will be provided via the previously established access on Collier Boulevard that was planned for Willow Run, which will be modified from its current configuration as a full access to a right-in/out left -in median opening. Also, the previously approved northern access for San Marino will become a potential access that may or may not be constructed, and the existing access for Aventine Apartments will remain intact. The previously constructed right-in/out for the adjacent parcel may or may not be continued to be used as an optional entrance. Based upon the findings of this report, it was determined that the proposed San Marino PUD Amendment will not negatively impact the surrounding 5-year E + C road network. It was verified that all roadways, within the project's area of impact, currently have a surplus of capacity and can accommodate the traffic associated with the combined San Marino and Will Run PUDs plus the 29.8 +/- acres remaining 971 dwelling units. As determined, the 5-year E + C road network will continue to operate at acceptable levels of service for the foreseeable future and the project will not create any off -site transportation deficiencies that need to be mitigated. 2 DocuSign Envelope ID: 6849435B-EA53-4CC4-84E4-F10C75BF6259 Site Access Related Improvements As mentioned, if the amendment is approved, then access for the combined portions of both PUDs and the additional 29.8 +/- acres will be provided via the previously established access on Collier Boulevard that was planned for Willow Run, which will be modified from its current configuration as a full access to a right-in/out left -in median opening. Also, the previously approved northern access for San Marino will become a potential access that may or may not be constructed, and the existing access for Aventine Apartments will remain intact. The previously constructed right-in/out for the adjacent parcel may or may not be continued to be used as an optional entrance. The final design of the site's accesses will be established at the time of requesting development permits. Methodology On August 18, 2021, a Traffic Impact Statement (TIS) Methodology Report was submitted to the office of Collier County Transportation Planning Department. The $500.00 methodology meeting fee will be paid at the time of submitting the SDP application. A copy of the TIS methodology has been provided in the appendix (refer to pages M1 thru M12). Note, At the time the methodology was submitted, it was envisioned that the amendment would consist of 890 to be developed units which has been revised to 971 units. 3 DocuSign Envelope ID: 6849435B-EA53-4CC4-84E4-F10C75BF6259 Scope of Project San Marino is a residential PUD that was approved for the development of 650 single- family and multi -family dwelling units and two (2) points of access on Collier Boulevard. To date, San Marino is partially developed with a 350-unit multi -family use that is served by the PUD's southernmost access on Collier Boulevard. It is proposed to amend the San Marino PUD in order to merge a contiguous and approved PUD known as Willow Run into San Marino, as well as adding other adjacent parcels that have a combined size of 29.8 +/- acres. San Marino was approved for 650 single-family and multi -family dwelling units, and to date 350 multi -family have been constructed. Willow Run has been approved for the development of 590 single-family and/or multi -family dwelling units, but to date, Willow Run remains undeveloped. The adjacent 29.8 +/- acres consist of three (3) undeveloped parcel and one (1) developed parcel (i.e., vacated restaurant use). The proposed merger of Willow Run into the San Marino PUD and adding the adjacent 29.8 +/- acres supports the request to develop up to 1,321 dwelling units of which 350 multi -family have been constructed within the San Marino PUD. If approved, the results will be the potential development of the remaining 971 dwelling units as multi -family and/or single-family units. Table A Approved and Proposed Land Uses Approved PUD or Property Previously Constructed Previously Constructed Undeveloped Balance Proposed to be Developed 350 Multi -Family Constructed 350 Multi -Family Constructed 300 Multi -Family and/or 971 Multi -Family and/or San Marino PUD 650 Multi -Family & Single -Family Single -Family Single -Family 0 Units Constructed Willow Run PUD & 665 Multi -Family and/or Merged into San Marino PUD Adjacent 29.8 +/- Acres Single -Family (See above) 665 Multi -Family and/or Single -Family 350 Multi -Family Constructed 350 Multi -Family Constructed 965 Multi -Family and/or 971 Multi -Family and/or TOTALS Single -Family Single -Family Total = 1,315 Units Total =1,321 Units 9 DocuSign Envelope ID: 6849435B-EA53-4CC4-84E4-F10C75BF6259 i I . ■. II I I LEGEND 5-YEAR FUNDED IMPROVEMENTS -- INTERSTATE HIGHWAY 6—LANE ARTERIAL 4—LANE ARTERIAL/COLLECTOR — — — — — 2—LANE ARTERIAL 2—LANE COLLECTOR/LOCAL RAIL ROAD - — aAMTRANSPORTATION ENGINEERING, INC. San Marino PUD Amendment August 26, 2021 Project Location & E + C Road Network N FIGURE 1 M DocuSign Envelope ID: 6849435B-EA53-4CC4-84E4-F10C75BF6259 t5:wro)ecis%e4o-uu-I (aan manno - wmow Kun) manning & Loningturawings-txnlDltS\946-UU1-U1 mul'\current I'IanSt946UU1U106.dWg iX-A TI 3 y C TZ C Z X act -coom 'CZ0 n�o on y z mc0 m"'inpm czc>m vv A 'D ."O z Ica Dm VV 6)r+myv <X AO cOCmr mw 0, 2 az y� mca Ny;am m A mzo r 0-1 m mz 0 I m mzm Dg Z �m soz �- mz 0 O pcmi0 cmm T mzm �w vmms cioo Azy aa� Ip�zl m�y,�m„in ovgmi n� m1D- A I m -1I S��9-> ZG) T'ox,m„0 m r I 0K. myo�aa cz y 'rilti ,-.f z InC I za ADs Z z z >z > � - yma m3 D AzD ND < n I y �1 C?m z` m z m I In f_ j � M � q- COLLIER BLVD. z m� z0 vD pDm i imp Q O Z '� 3� C za �mDtiD m z A Z H ' f COLLIER BLVD Dr wD Z c a m.'Uh w me v DmD zNcAm 7 mDD A I, DZ ma m�yy uI I'm m� Ic F'fi'c ° h r AA D Z ( A A A c m a a m m A of D m A A n m>za A Z �m "r 3 A " N.oEo c1 Da- F'. s- Z Z v ° A amyx n < <9D N h h �o z c P m DZ r r �o -� 0r Dpm J ` mD < r v E E ,n D v m A < E Z < r r F G > < r I, A L IF I- it; I� F L � Il m F F F F z <yA L L L h is h F1 F h r r Oo y8 L nOm O ZZ . C trail xAm N = m pZ Or yo A zc z� �m momz ram Z2 mzZz oD�m D sr >m2 m nmmw rpN �z am ?1 N PLAN REVISIONS r F F F r k' il AQZ F F n F F F F aZmba' F pm nmmr = mT D m D 0 m0 D mE< Z-o o m m �-1t;uoA Dmn0m ;a,7 Mn Om o< O z A -m cnc,r < m ai n Ov A zM m 0 r- 0 D SAN MARINO PUD PREPARED FOR: SD SAN MAMO, LLC 2639 PROFESSIONAL CIRCLE, SUITE 101 NAPLES, FLORrDA 34119 PHONE: (239) 280-6504 FAX: (239) 732-5561 �m cc mZm a I mm4?m�m mosz o OADOmD z� 2E'S Dmj N?m VERTICAL ELEVATIONS BASED ON: NAVD-88 PUD MASTER PLAN - EXHIBIT A SECTION: TOWNSHIP: RANGE: FLORIDA CER'I1FiCAiE O£AUfHORiZATfON.616 11 50S 26E COUNTY, FLORIDA FILE NAME: 9460010106.dwg JACQUELYN M. LAROCQUE SHEET: 1 OF 2 FL LICENSE NO. 85427 2 r C y D mood m�z�s� m.ol z X] r C C m Dpmi gDao z r o z m O W n ra m 0 z X o -4 m -I $ N 0 0 28100 RUNM GEMM DUNE - SUM 305 BONRA SMN63, FL 34135 P- 239405-7177 Po 23"05-7899 DWG hff0@Wa r0pe,0,e g"m 7- DocuSign Envelope ID: 6849435B-EA53-4CC4-84E4-F10C75BF6259 —sup—llu"-pr- Alul -]me soft-se"CZ_-I ILLI-90"ez:d GEMS -H SJNMdS VLNOS sot MIS -3N8o WINM VA"s ONSL A VdWoodnonl a vw 9NIU33NIDN30L LZD58 'ON HSNHOI'I "Id Z dO Z :.LHHHS UMOONTI N NAUN)DW SMP-90I0I009m :HYYVN H7Id VOTHold `AIMM H9Z SOS 11 vsseallouvzlxolunvao uvo�u,a3o vmxo�d 'HOB :&HSNAIOS NOILDHS V .LI9IHX9 - NV'Id 2IRZSVt QIId 88-QAVN :NO a9SVH SNOUVAg-19 `IV3UXgA 0 N - w 11 LL Q O Z p a w Z U Q y U M I o O d o- v J O ?> L6 W 0 0 N Fla N o � a o W w p o N C7 o �- w J Q > p W o a 6mp-90l,M009b6\suefd Iuayn0\d0w 1955-Z£L (6£Z) :XVd M59-OBZ (6£Z) :3NOHd 61 Ib£ V(MO'Id `SH'IdVN 101 9IMS `a-102II0'IVNOISS3d0'dd 6£9Z D-I `ON avw NVs as =2IOd (IMIVdaud cnd 0N"Vw -KVS S1N3WW00 A1Nnoo ti3d 03SIAM I ZZ/ZO/SO Avi-Liwans IVI11N1 IZ/ZZ/It SNOISIAR'd NVId H Z VCO Q a- W e M N ' N � r` co o O Oi 0 O O Lu a U Q U ¢ Q Q Q wv 00 m ti m v �o Q r O N N D � 3 CJ z co w w U a W U) H U ¢ W Z } � O W I- F o z w a w LLI Q a ¢ O 00 I - LU Q a Q Q w '0 m v rn w a w U) w ¢ W J a W LU z n� w a t¢) W ¢ w Q 0 U) J O w a- O O t- z W U N O w M (00 W Y D_ tr rr 0 Q a N w O N v ly ui rn w a CIAd w rn z w p O w Q ¢ 00 W Z N Q W N d m � N W U w w U w w O UCD z a 0 0 F- O � w Z O K ~ O P:O F- O H z w z i-ww �U Ww QQ - :DD Q to00a�w wLuaQau- WP:w(L u: rCC>Ozr- QQa <LUC O 7o O O Z W O Z Y Uww0hc6 a WaW Lugz �Ua~�w (DF- EL U OF U w ¢ > W Zww=SOU O O W¢ Z W� D z U' z0 Li Of Z O Q O Z N w ac¢ia�g�z O LL J LL> z_ J W Z z N r ["5 V I v 6uluuel,4 WN mouiAA - ouuew uesl Inn-aba%sioafwaca �: 3 DocuSign Envelope ID: 6849435B-EA53-4CC4-84E4-F10C75BF6259 Project Generated Traffic Traffic that can be expected to be generated by San Marino PUD Amendment was estimated based upon the guidelines established by the Institute of Transportation Engineers, Trip Generation Manual, 1 la' Edition. That is, historical traffic data collected at similar land uses was relied upon in estimating the project's traffic. It was concluded that land use code Single -Family (LUC 210) was most appropriate in estimating the trips associated with the most intense development scenario (i.e., 971 single-family units and no multi -family units.). Trip generation computations are provided in Table 1 A, which include the most intense development scenario and the least intense development scenario (i.e., 671 single-family and 300 multi -family units). Table 1B details the total estimated PUD-generated trips of the existing units (350 multi -family) plus the most intense remaining balance of 971 single-family dwelling units. As determined, the combined previously approved trips cap for the remaining undeveloped portions of the PUDs and the four (4) adjacent parcels is 842 two-way PM peak hour trips and the existing units plus remaining units has a trips cap of 1,013 two- way PM peak hour trips. Table B New Trips Generated Proposed to be Developed Daily AM Peak Hour PM Peak Hour (ADT) (vph (vph) 971 Single -Family 8,169 590 842 or------ ------ ------ 671 Single & 300 Multi -Family 7,813 537 744 (Refer to Table IA Existing and Daily AM Peak Hour PM Peak Hour Proposed to be Developed (ADT) (vph) (vph) 971 Single -Family 350 Mutli-Family 10,487 721 1,013 (Refer to Table IB) The report concludes that the project will generate more than 100 net new trip ends during the weekday highest peak hour. As such, the report investigates the traffic impacts associated with the project based upon the criteria set forth by the Collier County Government's Traffic Impact Statement Guidelines for developments generating "more than 100 trips", which is identified as a major study. . DocuSign Envelope ID: 6849435B-EA53-4CC4-84E4-F10C75BF6259 TABLE 1A TRIP GENERATION COMPUTATIONS San Marino PUD Amendment PROPOSED UNITS (Most -Intense) Land Use Code Land Use Description Build Schedule San Marino PUD (Undeveloped S.F. Units) = 300 Units Willow Run PUD (Undeveloped S.F. Units) = 596 Units Additional 29.8 Acres (Undeveloped S.F. Units)= 75 Units 210 Single -Family Detached Housing 971 Units Land Use Code Trip Period Trip Generation Equation Total Trips Trips Enter/Exit LUC 210 Daily Traffic (ADT) = Ln(T) = 0.92Ln(X)+2.68 = 8,169 ADT AM Peak Hour (vph) = Ln(T) = 0.91Ln(X)+0.12 = 590 vph 153 / 436 vph 26% Enter/ 74% Exit = PM Peak Hour (vph) = Ln(T) = 0.94Ln(X)+0.27 = 842 vph 530 / 311 vph 63% Enter/ 37% Exit = PROPOSED UNITS (Least -Intense) Land Use Code Land Use Description Build Schedule San Marino PUD (Undeveloped M.F. Units) = 300 Units Willow Run PUD (Undeveloped S.F. Units) = 596 Units Additional 29.8 Acres (Undeveloped S.F. Units)= 75 Units 210 Single -Family Detached Housing 671 Units 220 Multi -Family Housing 300 Units Land Use Code Trip Period Trip Generation Equation Total Trips LUC 210 Daily Traffic (ADT) = Ln(T) = 0.92Ln(X)+2.68 = 5,814 ADT AM Peak Hour (vph) = Ln(T) = 0.91Ln(X)+0.12 = 421 vph 26% Enter/ 74% Exit = PM Peak Hour (vph) = Ln(T) = 0.94Ln(X)+0.27 = 595 vph 63% Enter/ 37% Exit = LUC 220 Daily Traffic (ADT) = T = 6.41(X) + 75.31 = 1,998 ADT AM Peak Hour (vph) = T = 0.31(X) + 22.85 = 116 vph PM Peak Hour (vph) = 24% Enter/ 76% Exit = T = 0.43(X) + 20.55 = 63% Enter/ 37% Exit = Trips Enter/Exit 109 / 312 vph 375 / 220 vph 28 / 88 vph 150 vph 94 / 55 vph ********************************** Totals= 7,813 ADT 537 vph 137 / 400 vph 744 vph 469 / 275 vph 5.1 DocuSign Envelope ID: 6849435B-EA53-4CC4-84E4-F10C75BF6259 TABLE 113 TRIP GENERATION COMPUTATIONS San Marino PUD Amendment EXISITING UNITS + PROPOSED UNITS Land Use Code Land Use Description Build Schedule San Marino PUD (Developed M.F. Units) = 350 Units San Marino PUD (Undeveloped S.F. Units) = 300 Units Willow Run PUD (Undeveloped S.F. Units) = 596 Units Additional 29.8 Acres (Undeveloped S.F. Units)= 75 Units 210 Single -Family Detached Housing 971 Units 220 Multi -Family Housing 350 Units Land Use Code Trip Period Trip Generation Equation Total Trips Trips Enter/Exit LUC 210 Daily Traffic (ADT) = Ln(T) = 0.92Ln(X)+2.68 = 8,169 ADT AM Peak Hour (vph) = Ln(T) = 0.91Ln(X)+0.12 = 590 vph 153 / 436 vph 26% Enter/ 74% Exit = PM Peak Hour (vph) = Ln(T) = 0.94Ln(X)+0.27 = 842 vph 530 / 311 vph 63% Enter/ 37% Exit = LUC 220 Daily Traffic (ADT) = T = 6.41(X) + 75.31 = 2,319 ADT AM Peak Hour (vph) = T = 0.31(X) + 22.85 = 131 vph 32 / 100 vph 24% Enter/ 76% Exit = PM Peak Hour (vph) = T = 0.43(X) + 20.55 = 171 vph 108 / 63 vph 63% Enter/ 37% Exit = Totals= 10,487 ADT 721 vph 185 / 536 vph 1,013 vph 638 / 375 vph DocuSign Envelope ID: 6849435B-EA53-4CC4-84E4-F10C75BF6259 Existing + Committed Road Network Figure 1 and Table 2 provide a detail of the surrounding E + C road network. Table 2 depicts the minimum level of service performance standards and capacity for the roads within the project's area of impact. Collier Boulevard is classified as a six -lane divided arterial. The road functions as a primary north/south corridor that extends between Immokalee Road and Marco Island. Within proximity of the site, the posted speed limit along Collier Boulevard is 45 MPH. Project Traffic Distribution The project's net new traffic was distributed to the surrounding road network based upon logical means of ingress/egress, current and future traffic patterns in the area, nearby businesses, and recreational attractions, as well as growth trends for the surrounding areas. Table 2 and Figure 2 provide a detail of the traffic distributions to the adjacent road network. Table 2 also depicts the project traffic assignments by volume. Area of Significant Impact The area of significant impact was determined based upon Collier County's 2%, 2% and 3% criteria (i.e., if the project's traffic is 2% or more of a roadway's adopted level of service capacity, then the project has a significant impact upon that link). Table 2 describes the project traffic distributions and the level of impact on the surrounding roadways. Roads that were identified as being within the project's area of impact are shown in Table 2. 10 DocuSign Envelope ID: 6849435B-EA53-4CC4-84E4-F10C75BF6259 15% Price Street LEGEND 3 E 0� 0%_ Project Traffic Distribution m Co r� JMTRANSPORTATION ENGINEERING, ING. San Marino PUD Amendment Project -Generated August 26, 2021 Traffic Distribution " B.Ud NORTH N.T.S. FIGURE 2 (0.1 DocuSign Envelope ID: 6849435B-EA53-4CC4-84E4-F10C75BF6259 C m O W W W W W O O O O O W W W W O O W W W W W 0 Z ->-> Zzzzz }r}ZZ r}Z cb M co C v� �� r,� N N N ti '1' [t LO r N 0 CO O� N N N N C) co L O t- r- 0D O'IT 00 N N CO Nq M M 'I' ti O d Iq IT O N 00 a 0,T CO r N N cY r 0 N r N rt cP 1 0 M r v � M 'aLa 100, 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 co co M co co N M co M cM co N N N N co co co co co M M M G7 u Y ao old � � � � � � z z z z z z v 0 w 3: z L_ (w,i L CI O O O N ao M O M t` LO r ti ti 1— 0 0 r a a a r Ln Ln CO r, 04 N N N d• ,t M N O� N M T V A LO LO M 0 z VL L 2Y dl Lu Lu lu w w LLI w cn CO cn cn U) U) z z z w w w w Lu w w a I.b F— U Q 0 M N 0 O a^= r 0 0 r NA 0')CC) M LO O N M 0 0 0� LO M co co M 00 00 LO C G N M 00 C0)t LO CO 00 00 O UI) a a a' LL O d V ) \ \ \ \ \ \ -.,- -.,0 c \ o \ \ o \ o \0 \ 0 0 0 0 0 0 0 0 0 0 0 0 Q 0 0 0 0 0 0 0 0 0 0 0 C)W LO L0 LO 00 00 00 00 O LO O LO LLB CDO C:)LO00 Ln r_ r� r r r (L H \ t-e-NNIq rrMI�Mr N W a C W 2 O V E M O O O O O O O O Q Q O 0 0 0 0 0 0 0 0 0 0 0 0 CD 07 � 2 L rZ O O N C(� 0) 0 0 0 Cfl CO O O N L0f) 00 co co 000 O) 0 m F (0 a 0 .� N N" N M M r CO c+) rp M M M CM M N r t- r r r N CN Q F- W a 0 Y OIW ❑❑❑ W W❑❑ Q Q W W W W W❑❑❑❑❑❑ W W C.) CL a a H C4 0 ct 0 tp tp 00 00 w CO CO 0 d' It 't %t 'T w CO 0 7 U w W U O � d CO t!> V M m U Y O `m o_ U m a E m c E La m a@ �' m m m m m N d O O m m O m U E m Mn N n u Q Q o N o c N +�. _ R Q Y c D U m a o d E U u> -0 C) C) ca a 3 to 0 o L o 3T a? Y m c O Lca o o m o x? c H 0 m 0 o m 0 w .O-.t�6 F- m Q 0� m '0 m > a r .fl h •>� N ;w a a C m ca c m a co 0 L 0 3 m Lma o m m aci 0 m 0 rn m Z` � tC 0 0 tP 0 C)N .� .m N as -a w, C O R �' M 0 m m m 0 m •? R N o m Q" e L R c o n�. m I- "¢ 'a C� C7 C� a in � � J cn �- U U cn Q m C a m Oc d z a -'e Ln r_ > a a x O 0 tLa 0 +d+ to 'D y Gf LL y •E C GI O GI O N = 0 R 0 0 0 'a V I2 O U a a C] C9 C) 0: W U. O O O O N O N 7 N M O Rf -9 O 0 0 0 0 0 0 0 /. N M Ln Cfl O N M M M M M M M M M ti (� n r 1- 0) 1/0- DocuSign Envelope ID: 6849435B-EA53-4CC4-84E4-F10C75BF6259 2021 thru 2028 Project Build -out Traffic Conditions In order to establish 2021 thru 2028 project build -out traffic conditions, two forecasting methods were used. The first traffic forecasting method was the County's traffic count data was adjusted for peak season conditions, peak hour conditions, peak direction, and an annual growth rate was then applied. The peak season/peak hour/peak direction and annual growth rates were derived from the 2021 Collier County AUIR Report. Using the annual growth rate, the 2028 background traffic conditions were determined, which are depicted in Table 3. The second traffic forecasting method was to add the vested trips (trip bank) identified in the 2021 AUIR report to the adjusted peak season, peak hour and peak direction traffic counts. The vested trips "+" 2028 background traffic volumes are depicted in Table 3. The greater of the two values produced by the two forecasting procedures was then considered to reflect the 2028 background traffic. The net new project generated traffic was then added to the background traffic. Table 4 provides a summary of the 2021 thru 2028 traffic conditions and the roadways' level of service and remaining available capacity for project build -out conditions. As shown, all project impacted 5-year E + C roadways will continue to operate at the County's adopted minimum level of service at project build -out. 7 o ms)nUvel opeID:ggqSEEA 534c Ae4E4 *lo eBm2m � . k© = f ® k $ § ® 3=_ v p= m o$« f R 2® $ r«_ g t a m o r 0)000) $ a c CL ) f /G / / / $ \ / \ / ] \ - - m m \ > ~ - 2 LU a 0 ] # m §) J=--�-.� Q 2 m p n CO w 2 g CM- a) Cq c 2§§ m% m§ q\§ R 7 A R _] 0)� Q % f\/ > 2 a m 0 �e ƒ Z \ ) \ / / \ j \ / \ \ \ \ \ \ \ \ \ \ \ \ \ o w w& 6 a a.. a a � a. m m M � w w w w k z z 2 CL/ z z z z z z a E u u 4 F- W 0 04 04F« 2 o 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 q« - - - Q f 2/\\\\ G G@ 2 E w > - - 0 _ ( 0 k _ § e O = D ) f % \ _ m m / ) / © f \ § f ] } 7 { \ _ / / ] ± ® = P - . G G m \ 2 \ / _ ` ± g A / a / /) e « 2 2 © ° D = 2 % o\ \) o } @ / 2 m 2 @ \\ 2\ 3 e=$ / i \ 3 J@ ) / k f 8 CO J 2 2 k} k D m J a m a I f 2/ f k / $ j \ 3 \ \ \ / ) / \ \ j E w 2 § @ ) ] I 2 @ / . o I k / ) � 0 0 0 7CN @ a n g,= o o g o 09 f/ CN m m Q m§ 2 m m DocuSign Envelope ID: 6849435B-EA53-4CC4-84E4-F10C75BF6259 0 r wO = 0 m a a y i OI O D U m m O U m 0 o w w a m p m m m N •� R j5 J m a Y. a L o ° o O to O to M O O •a Y L w a0 O h tM Cn O to h CO h O) O. a0 'ct h Cfl to tM O O O O O O O O O O O O O O O O O m a Y > IL >°_ 0 o a o 0 0 0 0 0 0 0 0 0 o O o 0 0 0 Y Y L 0 O o O 0 N 0 O') 0 M 0 O 00 O O o Co O O O O CD O CDO N W o co C. 0 0 O) O) tl7 I, 0.> N N N M M M M M M M CO M M r r — r N 00 y 3 O= L 3 y N O 00 O O M O mN M V W N N Y L h h W O O CO 0 Op m «) (0N N_ c0 00 O 'IT O N N 0 0 ;A R O a> r ,- r r N r N N N N N r r r r v♦ m a Q Y a a o z z z z z z M 0 Z z Q L 0 d= Y i Cfl O N 00 N N t.- t` M 00M h I- I- O w L 1— a a a ��I�.III LO uo CO F- N N eT 't O N m -q M V Q' LON U - ° z w a a.o aL of w w w w w (n v> U) CD U) m z z w w w w w a I-- 0) Z � L O tD M N h h 0 0 0 O O CO O O O tf) W O a Y O CA r N M M aD aD , M tO 00 to 00 00 O O w a a > a � 0 c J d' O0 00_ N o �YOIoa0mm m 0 0 0 Q a w w a m pmmm R O J / a a Y CO Q Z Y a plw w w w3: z z z z z z z z w w w3: I— J m ` o c a coN = 07 O LO �_ � O M O) N �j L L hh• CO 00 GO tt) N h OMO 0 M CO h O to OD M OD to h et M O _ h 5 N R Q Y r r O r N r N N N N N N h r 0 0 a am o��mm ��o�000� m pmmm 0 �o O O M M N O Y t O M h 'd' M V 000 W N O O NO 0 0 I- N > r r r N r r r N N N N Cfl r O W h a Y a Y a _ R E cu io U R R m cu m n a R m o a > 0 m m E m> m a o m ° m m a) w h � ca `m m g o a) E 0U U cuU N p (n O Y R> N f' .0 O O U) O J U O c` V d m cn O R _ R O O E N N 3 u! .2 N N cc � E 0 ry O m R R R m 0) 3 m 0 m R C m � C m 0 Q Y c 7 cc C -O N N o 0� ++ cu I= a)m L R cu C a+ cu O cR R O Ln G G U cn � a 0 00 (j i Om U) w w H U 0 cn U, rn d R o o = LL O 0 V N N r N M 0 R H O N N N M V V LO M M M tM M M (`) m E � = w d s 0 aNi 0 0 O LL Y LL O O O O O N M V O DocuSign Envelope ID: 6849435B-EA53-4CC4-84E4-F10C75BF6259 APPENDIX Support Documents DocuSign Envelope ID: 6849435B-EA53-4CC4-84E4-F10C75BF6259 JMB TRANSPORTATION ENGINEERING, INC. TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES Traffic Impact Statement Methodology San Marino Willow Run Combined PUD (Collier County, Florida) August 18, 2021 County TIS Review Fees TIS Methodology Review Fee = $500.00 TIS (Major Study) Review Fee=$1,500.00 Prepared by: JMB TRANSPORTATION ENGINEERING, INC. 471 1 7TH AVENUE SW NAPLES, FLORIDA 341 1 9 CERTIFICATE OF AUTHORIZATION NO. 27830 (PROJECT NO. 21 081 4) JAME6,eV BANKS, P.E. DATE FLo A REG. No. 43BGO M1 DocuSign Envelope ID: 6849435B-EA53-4CC4-84E4-F10C75BF6259 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: 8-18-2021 Time: Location: Collier County Government Offices (North Horseshoe Drive) People Attending: Name, Organization, and Telephone Numbers 1) James M. Banks, JMB Transportation Engineering, Inc., 239-919-2767 2) Michael Sawyer, Collier County Government 3) Study Preparer• Preparer's Name and Title: James M, Banks, P.E., President Organization: JMB Transportation Engineering,Inc. Address & Telephone Number: 4711 7th Avenue SW Naples, Florida 34119 (239)-919- 2767 Reviewer(s)• Reviewer's Name & Title: Michael Sawyer Collier County Transportation Division Applicant: Applicant's Name: Address: Telephone Number: Proposed Development: Name: San Marino Willow Run Combined PUD Location: East side of Collier Boulevard and 1.8 miles south of Davis Boulevard Land Use Type: Single -Family and Multi -Family ITE Code #: Luc 210 and LUC 220 Proposed number of development units: Max units is 890 d.u.s (590 to 890 single-family and 0 to 300 multi -family dwelling units) Other: Description: Zoning: Residential Existing: Comprehensive plan recommendation: Requested: Findings of the Preliminary Study: See the attached htlps.1/d.docs.live.neU8481204edbdac2cb/Deskiopl210814 San Man'nolfOeihodologyReporf.doc A 7% DocuSign Envelope ID: 6849435B-EA53-4CC4-84E4-F10C75BF6259 Study Type: Ma'or� TIS Study Area: Boundaries: Based upon the County's 2%, 2% & 3% impact rule. See attached Additional intersections to be analyzed: None Horizon Year(s): 2028 Analysis Time Period(s): PM Peak Future Off -Site Developments: None Source of Trip Generation Rates: ITE Trip Generation Manual, IOth Edition (see Table 1) Reductions in Trip Generation Rates: Pass -by trips: None Internal trips (PUD): Transmit use: Other: Horizon Year Roadway Network Improvements: Collier County's 5-year CIP. Methodology & Assumptions: Non -site traffic estimates: See Attached Site -trip generation: See Table 1 Trip distribution method: Based upon manual assignment (See Table 2 & Figure 2) Traffic assignment method: Manual Traffic growth rate: Per Collier County Historical & Current AUIR Reports but not less than 2% or background or vested trips method, whichever is greater. Note: Both San Marino and Willow Run are approved residential PUDs. San Marino PUD Approved for: 650 dwelling Units 350 Multi -family constructed 300 Single and/or Multi -family to be constructed Willow Run PUD Approved for: 590 dwelling Units 0 dwelling units constructed 590 Single-family to be constructed Proposed San Marino Willow Run Combined Max is 890 dwelling units (IYo increase in approved units) 590 to 890 single-family units 0 to 300 multi -family units httpsJld.docs.live.net/8481204edbdac2cblDesktop/210814 San Manno/MethodologyReport..doc M3 DocuSign Envelope ID: 6849435B-EA53-4CC4-84E4-F10C75BF6259 Special Features: (from preliminary study or prior experience) Accidents locations: Sight distance: Queuing: Access location & configuration: Traffic control: Signal system location & progression needs: On -site parking needs: Data Sources: Base maps: Prior study reports: Access policy and jurisdiction: Review process: Requirements: Miscellaneous: Small Scale Study — No Fee Minor Study - $750.00 Major Study - $1500.00 X Includes 2 intersections Additional Intersections - $500.00 each None All fees will be agreed to during the Methodology meeting and must be paid to Transportation prior to our sign -off on the application. Reviewers Applicant h.losYld.docs.tive.neU8481204edbdac2cblDesktopl2lO8l4 San MannovMethadoWyReport.doc tA+ DocuSign Envelope ID: 6849435B-EA53-4CC4-84E4-F10C75BF6259 _ g 1 � a� i! LEGEND 5-YEAR FUNDED IMPROVEMENTS- INTERSTATE HIGHWAY 6—LANE ARTERIAL _ 4—LANE ARTERIAL/COLLECTOR ----- 2—LANE ARTERIAL 2—LANE COLLECTOR/LOCAL RAIL ROAD - Price Street NORTH N.T.S. %MTRANSPORTATION ENGINEERING, INC. San Marino Willow Run Project Location & FIGURE 1 Combined PUD August 18, 2021 E + C Road Network A45- DocuSign Envelope ID: 6849435B-EA53-4CC4-84E4-F10C75BF6259 DocuSign Envelope ID: 6849435B-EA53-4CC4-84E4-F10C75BF6259 TABLE 1 TRIP GENERATION COMPUTATIONS San Marino Willow Run Combined PUD Land Use Code Land Use Description Build Schedule 210 Single -Family Detached Housing 890 Units Land Use Trip Generation Equation Code Trip Period (Based upon S.F.) Total Trips Trips Enter/Exit LUC 210 Daily Traffic (ADT) = Ln(T) = 0.92Ln(X)+2.71= 7,769 ADT Land Use Code 210 220 Land Use Code LUC 210 AM Peak Hour (vph) = T = 0.71(X)+ 4.80 = 637 vph 159 / 478 vph 25% Enter/ 75% Exit = PM Peak Hour (vph) = Ln(T) = 0.96Ln(X)+0.20 = 828 vph 522 / 307 vph 63% Enter/ 37% Exit = Land Use Description Build Schedule Single -Family Detached Housing 590 Units Multi -Family (Low Rise) 300 Units Trip Generation Equation Trip Period (Based upon S.F.) Total Trips Trips Enter/Exit Daily Traffic (ADT) = Ln(T) = 0.92Ln(X)+2.71= 5,323 ADT AM Peak Hour (vph) = PM Peak Hour (vph) = T = 0.71(X)+ 4.80 = 25% Enter/ 75% Exit = Ln(T) = 0.96Ln(X)+0.20 = 63% Enter/ 37% Exit = 424 vph 106 / 318 vph 558 vph 352 / 207 vph DocuSign Envelope ID: 6849435B-EA53-4CC4-84E4-F10C75BF6259 I'r. NORTH N.T_S. Price Street 'g ` LEGEND Ors Project Traffic Distribution nn�� aAYL7TRAN5PORTATION ENGINEERING, INC. San Marino Willow Run Project -Generated FIGURE 2 Combined PUD August 18, 2021 Traffic Distribution M, DocuSign Envelope ID: 6849435B-EA53-4CC4-84E4-F10C75BF6259 C IW } W} }O} } } >-OW} W} W} W} W z} zzzzz Zz;;OWWWOO WWWWO}zO +�' 0 0 � I- O O LO LO M LO N N � 00 0 00 N Lo f- O LO 0 LO LO 't O d7 ti ti ti Cn M CD N N O r- M � N� O O M M M O N 00 a 1 N LO N M LU6 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 V Y 0`^ o ao l z z z z z z In 0 0 z _L id Q (� L �= a-OLptOlnr•I�Nr-r•r•CpCflN�NCOLnr�OCO(fl lcjlt�r tou-)mr- NN .zi- mNOd•NM��d-LoLOM a 0->r c 0 z O Y W W W W W W W (n fn fn w 0 z z z W W W W W W W Y (L F- V a L � _ O g d• � r 0') � � � c0 00 C` � r- 00 N N c0 00 00 �t d N NMMMI�� M�r�Lo�ti�OCn LO a d >Nrnd7�� a` LL O V y\ c c \\ o o \\ \\\ 0, o O O O O O Q j5 O O O O 0 0 O O O O 0 0 0 0 0 0 0 0 f� ti r` LC) LO O O O LO CO O00 00 O y e 00 00 O LO 0 — L6 W 0- F- o N N �- r cM f- CO N M to = W Q E o Z Q E J to O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0) m N L _�=000000w0oo0000000000000 ZOOONU-)w00c0wm-Mm Q I"� 0 0 NNNNMMmMOO< CO > M M M M M M M N I— W a 5Olwoopww�oppwwwww�oopppww IL a N m C 0O 0 U �COw�Ototow000Ot0OOO N 4 q co 7 W LL O U N h L � LO M Y 0 N 9 d_ V .� ` "O ` N C cu E ca 00 O m C� H s m R Ff m cu y O O m m 0 � mcru 0 E c in O ci > $ O 0' U (� N w H O' O 0 fn ° N in y '' - -i U° w w a m O o- m m_ $ m 0' u � m r0+ .0.• >= R O R CD (� y � N N FU O R tL � i N O ~ L c d a' O CO R 'O R .a Ci •NM Cc co C~ 0 R~ N m f6 a' E O> m W m m m E m E E> m i 0 O o L e y m o 3 �a o m $ $ D .m rn :° m R c y m m o m cc m= 0 h m� m m '� m m= 0 o" c L d R cro I- ¢ c) m 'a 0 0 d s o '¢ � � a � M d O a M z Y Ln M y m 'm a 0 = d 0 F- H O C7 W 0 RO m E m N GOf m d = LL O d C O O m O O d m O C.) a a G C7 L) ui U O O O 9'7 N O N 7 N M O R .0 O �-- O O O O O O O N co V LO (O L0 N N N N m V `7 LO 0 O r N M [r' Ln (V Q r r r r r r N M M M M M M M M M i� r h (� O) M L DocuSign Envelope ID: 6849435B-EA53-4CC4-84E4-F10C75BF6259 0 N a N a a H 3 _O C Q O= O — 0 3 O a N r 0) t0 N 0) r C0 M r O ti In L N i ,0 V O f-- O � M to N 1- m O O 6) CO aN R 0 Y N= > O N N N M N N N 00 N O) M O) CD Y a > j a m 0- . 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O= 0ca = O M O M M w M n V m M N W t` (O O V (n a Y i w M 0) CO M to t` (q I` (O N O O) I� V I� (O (n M cq •� m 0 C) O O O O O O O O O r O O O O O O O O m a Y > a O y r O o O o O O O O O O o 0 0 Y S O O O O O O O O O O O O O O O O O O O s N O N N N M (M M CO O (M CD C) O CO M (M (D M O m O M N co 00 r w r 00 c m0)a N r 00 N 7 � L (] _ W V W co -0r r W (.0N V N M CS 00 Y Y (` tO M O I` O) O M I-- (O C) 'ITr CDm M (D 0D I- (0 � O) 'rOD M O O (DN '3 N a ] r r r r m a Y t a Q o mI � z z z z z z cn (n Z a z Qy G7 = Y M to M L a a a > LO (O CD r 1- � r N r N (D T tD V' N w cq N m O V' r M CO V' M � LO (O M m r_ C U Z UL a a apl w w w w w (n c) cn cn cn cn z z w w w w w M M r (j W a a d T r N M� t, tGo n n 0) rn M I 0 00 J coN o w 0 0 rn W0 N Y OI O U m m U U U W W O m a m m m I J Y a a m HZ m a aiW w w w3: z z z z z z z z w w w '0 'or- � o a�y= 00 N = (� O h i f� (n d' (D M M (O N co I� V' CO V CD N (q _ O '1 L'n (D (D f� M O M co C) O N K (O LO LO CO N N co M M N � � V � 00 r O O O a Y m Q a m OIU U U m m U U o U w a a U ca U m m m 00 O 3 0 N= d V O ON o 60i OM coO (00 OM OM COO O W O O O (V N M > V � d2 W M In r O W W r > r co N N N (Oo a Y a T cu a m U _ a 0) m u E E m a R a� m �% �_ m mtm O m m O (p (7 E y N m 0 R 0 w m a�i o_ m m 0 Um a mm > cn m F- o 0 ° o o C 0 o o `m o m U m o c a_i o m (D m o E m s m a a_ U L. > p Y c Q m ~ m E m o 0 N a C m 4 2 m e 0) m - O N m m E m E (D m > CL N -O (n w cu � m Q J O U m (n m � tL O CD CD CD ti = m O (n m 2 m cn m H L U O m U (n 0 a m LO r (6 y = W 7 O C Y m O wLL y O~ N = ;a w O U U (D N V am' LL LL O O O r N N N M O m 4 0 O 0 0 0 0 M V (O M O N N N co V V LO - N M V 0 A, r r M M M M M M co m II_ I— � � A DocuSign Envelope ID: 6849435B-EA53-4CC4-84E4-F10C75BF6259 FDOT Emergency Travel Alert: For information on the current situation, please visit the following page - Alerts. 9 7T Florida Department of TRANSPORTATION E=UUpdates I FL511 I Site Map I Translate Home About FDOT Contact Us Maps & Data Offices Performance Projects Web Application Office of Work Program and Budget Five Year Work Proaram Selection Criteria All in State 2022-2026 AD Collier County Category: Highways Phase:Design Build Item Number:425843-2 Display current records in a Report Style Display current records in an Excel Document Updated: 8/18/2021 1:0d Project Summary Transportation System: INTRASTATE INTERSTATE Description: 1-75 (SR 93) AT SR 951 Type of Work: INTERCHANGE IMPROVEMENT - Concrete Item Number: 425843-2 Length: 0.651 Project Detail District 01 - Colliei View Scheduled E View Mar. Fiscal Year: 20221 20231 20241 2025 ;Highways/PD & E (On Amount: $2,928 Highways/Preliminary Engineering (On Amount:. $3,3611 $870,392; ---- - Highways/Right of Way (On _ Amount:1 $2,499,541 Highways/Railroad & Utilities (On Amount.1 $5,101,322 IHighways/Environmental (On I Amount: $100,000 _ $100,000 iHighways/Design Build _ (On Amount: $45,1501 $90,398,489 f Item Total: $2,505,8301 $145,1501 $96,470,203'� 1 SAN MARINO RPUD Planned Unit Development Amendment Application SCHOOL CONCURRENCY APPLICATION Planning + Landscape Architecture .�$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: San Marino RPUD Amendment Project Information: Municipality: collier county Parcel ID#: (attach separate sheet for multiple parcels): See Attachment'A' Location/Address of subject property: East of C.R. 951/Collier Blvd. and 1.25 miles N. of Rattlesnake Hammock Rd. See Attachment"B" (Attach location map) Closest Major Intersection: Collier Blvd. & Rattlesnake Hammock II. Ownership/Agent Information: Owner/Contract Purchaser Name(s): So San Marino, LLC c/o Keith Gelder Agent/Contact Person: Fred Drovdlic, AICP, Waldrop Engineering (Please note that if agent or contact information is completed the District will forward all information to that person) Mailing address: 28100 Bonita Grande Drive, Suite 301, Bonita Springs, FL 34135 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 2020-02-10 Date Project Data (Unit Types defined on page 2 of application) Current Land Use Designation: URBAN RESIDENTIAL FRINGE SUBDISTRICT and AGRICULTURE Proposed Land Use Designation: URBAN RESIDENTIAL FRINGE SUBDISTRICT e Current Zoning: Residential Planned Unit Development and Agriculture Proposed Zoning: Residential Planned Unit Development Project Acreage: Unit Type: SF MF MH C G Total Units Currently Allowed by Type: 971 OR 1321 (350 constructed) Total Units Proposed b Type: 971 OR mix of 971 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: Unit Type Yrl Yr2 Yr3 I Yr4 Yr5 SF 200 200 200 200 90 MF 0 0 0 0 45 MH N/A N/A N/A N/A N/A C N/A N/A N/A N/A N/A G N/A N/A N/A N/A N/A Totals by Yr 200 200 200 200 90 Grand Total 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: Yr6 I Yr7 I Yr8 I Yr9 I Yr10 I Yr 11-20 120+ Years Unit Type Yrl Yr2 Yr3 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 1890 Grand Total I 150 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. 16A ■ =mom ATTACHMENT `A' San Marino RPUD Parcels Ownership Parcel ID: 00410840009 SD SAN MARINO LLC Street# & Name: 9480 COLLIER BLVD MGR: STOCK, BRIAN K Build# / Unit#: 006 / 2639 PROFESSIONAL CIR #101 NAPLES, FL 34119 Parcel ID: 00410640005 Street# & Name: Build# / Unit#: 001 / Parcel ID: 00410880001 Street# & Name: Build# / Unit#: 007 / Parcel ID: 00410960002 Street# & Name: Build# / Unit#: 009 / Parcel ID: 00411200004 Street# & Name: Build# / Unit#: 015 / Parcel ID: 00411240006 Street# & Name: Build# / Unit#: 016 / Parcel ID: 00411320007 Street# & Name: Build# / Unit#: 018 / Parcel ID: 00411440000 Street# & Name: Build# / Unit#: 022 / Parcel ID: 00411640004 Street# & Name: Build# / Unit#: 027 / Parcel ID: 00410760008 ADVENIRkAVENTINE LLC Street# & Name: 9300 MARINO CIR 17501 BISCAYNE BLVD STE 300 Build# / Unit#: 004 / AVENTURA, FL 33160 Willow Run RPUD Parcels Ownership Parcel ID: 00411800006 SD SAN MARINO LLC Street# & Name: 9220 COLLIER BLVD MGR: STOCK, BRIAN K Build# / Unit#: 032 / 2639 PROFESSIONAL CIR #101 NAPLES, FL 34119 Parcel ID: 00412240005 Street# & Name: Build# / Unit#: 008 / Parcel ID: 00414320004 Street# & Name: Build# / Unit#: 011 / Parcel ID: 00417120007 Street# & Name: Build# / Unit#: 012 / 1 Parcel ID: 00411120003 Street# & Name: Build# / Unit#: 013 / Parcel ID: 00411160005 Street# & Name: Build# / Unit#: 014 / Parcel ID: 00412520000 Street# & Name: Build# / Unit#: 015 / Parcel ID: 00411360009 Street# & Name: Build# / Unit#: 020 / Parcel ID: 00411400008 Street# & Name: Build# / Unit#: 021 / Parcel ID: 00417680000 Street# & Name: Build# / Unit#: 029 / Parcel ID: 00417040006 Street# & Name: Build# / Unit#: 011 / Parcel ID: 00410920000 Street# & Name: Build# / Unit#: Lido Isles RPUD Parcels Ownership Parcel ID: 00411520001 LORDS WAY 30 LLC Street# & Name: 9198 COLLIER BLVD MGR: TORRES, DAVID E Build# / Unit#: 024 / 7742 ALICO ROAD FORT MYERS, FL 33192 Parcel ID: 00411000000 Street# & Name: Build# / Unit#: 010 / Parcel ID: 00411720005 Street# & Name: Build# / Unit#: 030 / Cracklin' Jacks Parcel Ownership Parcel ID: 00411040002 ZARZYCKI JR, WALTER G Street# & Name: 9080 COLLIER BLVD 270 18TH ST NE Build# / Unit#: 011 / NAPLES, FL 34120 SAN MARINO RPUD Planned Unit Development Amendment Application STATEMENT OF UTILITY PROVISIONS Planning + Landscape Architecture 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 of Applicant(s): SD San Marino, LLC Address: 639 Professional Circle #101 city: Naples Telephone: (239) 449-5227 Cell: (239) 280-6504 E-Mail Address: kgelder@stockdevelopment.com State: FL Fax: ZIP: 34119 Access undetermined, 9300 MARINO CIR and 9480, 9220, 9198, 9080 COLLIER BLVD Address of Subject Property (If available): City: Naples State: FL ZIP: 34114 ROPERTY INFORMATION / Section/Township/Range: 1121" /— 50 26 Lot: Block: Subdivision: Metes & Bounds Description: Plat Book: Page #: Property I.D. Number: See addressing checklist 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): e. Septic System ❑ I TYPE OF WATER SERVICE TO BE PROVIDED I Check applicable system: a. County Utility System 0 b. City Utility System ❑ C. Franchised Utility System ❑ d. Private System (Well) ❑ Provide Name: Collier County Utilities Total Population to be Served: 3,303 people (1,321 units x 2.5 persons per unit = 3,303) Peak and Average Daily Demands: 1,093.79 gpm 462,350 GPD A. Water -Peak: Average Daily: B. Sewer -Peak: 781.3 gpm Average Daily: 330,250 GPD If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: January 2023 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. N/A Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 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 SAN MARINO RPUD Planned Unit Development Amendment Application HEARING WAIVERS Planning + Landscape Architecture CoT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercountyf Lgov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Hybrid Virtual Quasi -Judicial Public Hearing Waiver For Petition Number(s): Emergency/Executive Order 2020-04 Hearing of the Collier County Planning Commission and Board of County Commissioners PL20210001766 Regarding the above subject petition number(s), SD San Marino, LLC (Name of Applicant) elects to proceed during the declared emergency with hybrid virtual public hearings of the 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: Keith Gelder , Signature*. 0 Applicant ❑ Legal Counsel to Applicant Date: l ?' ' Ir * 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. Cover County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www. coil iercou ntvf I.jgov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Hybrid Virtual Quasi -Judicial Public Hearing Waiver Emergency/Executive Order 2020-04 Hearing of the Collier County Hearing Examiner For Petition Number(s): PL20210001766 Regarding the above subject petition number(s), SD San Marino, LLC (Name of Applicant) elects to proceed during the declared emergency with hybrid virtual public hearing of the Collier County Hearing Examiner, and waives the right to contest any procedural irregularity due to the hybrid virtual nature of the public hearing. Name: Keith Gelder Date: 8. /1 Signature:- El Applicant* ❑ Legal Counsel to Applicant * 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. SAN MARINO RPUD Planned Unit Development Amendment Application NEIGHBORHOOD INFORMATION MEETING I 31if M1 Planning + Landscape Architecture 1 Planning + Landscape Architecture MEMORANDUM To: Nancy Gundlach, AICP From: Fred Drovdlic, AICP Date: June 6, 2022 Subject: SAN MARINO RPUD AMENDMENT (PL20210001766) Neighborhood Information Meeting Synopsis RVi Planning, SD San Marino representatives and Collier County Staff conducted a Neighborhood Information Meeting (NIM) on Monday, June 6, 2022. The meeting was held at 5:30 p.m. at Fairway Bible Church, 3855 The Lords Way, Naples FL 34114 The sign -in sheet demonstrates that two Collier staff, and Atwell staff and two RVi planners and zero residents attended the live presentation while two residents from Forest Glen attended via Zoom. The master plan that has been submitted for zoning was used as a reference and exhibit. Fred Drovdlic presented. The team was introduced, the site location and entitlement history and then discussed the overall project and combining the PUD's specifying density of 1,321 units on 824 acres = 1.6 du/acre. Closed with next steps with completion of entitlements to take place in September 2022. Question/Comment 1: Forest Glen resident asked for the location of the preserves and if the preserve area was contiguous to the preserve at the southern boundary of Forest Glen and if the development area would have a buffer. Response: Responded that the buffer is a landscaped 12-foot-high wall where development abuts the southern boundary of Forest Glen and that the remaining area east of the developed area are preserves contiguous to Forest Glen's preserve area. Resident was satisfied with the answers and said the development program looks good. Question/Comment 2: Property manager from Forest Glen asked to be sent the presentation. Response: Fred said yes and sent the presentation the next day. The person had no objections to the development program. Page 1 of 1 NEIGHBORHOOD INFORMATION MEETING San Marino RPUD Amendment Jun 6, 2022 @ 5:30p.m. PLEASE PRINT CLEARLY ***please be aclvfsea*** The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, e-mail addresses, phone numbers and certain home addresses are public records once received by a government agency. If you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. Name Address City, ST Zip E-Mail Address J LA Y`a � Name Address City, ST Zip E-Mail Address I IV i Planning + Landscape Architecture ATWELL SAN MARINO RPUD NEIGHBORHOOD INFORMATION MEETING June 6, 2022 ■ Chris Johnson and Keith Gelder — SD San Marino ■ Rich Yovanovich — CYK Law Firm ■ Jim Banks — Transportation Consultants ■ Fred Drovdlic — RVi Planning + Landscape Architecture ■ Jackie Laroche - Atwell ■ Bethany Brosious — Passarella & Associates JUNE 6, 2022 SAN MARINO RPUD 2 JU y , SAN MA-RINO /--STOCK DEVELOP ks- - ftes STOCK has been honored with over 500 awards for its outstanding communities, product design, amenities, marketing, and overall quality. For five consecutive years, Builder Magazine has included STOCK in its prestigious BUILDER 100, an exclusive ranking of the country's top 100 building firms. Pegionally, the firm has earned numerous accolades as Builder of the Year in Lee and Collier counties. �'I1i11 z i 44, -------- j PROPERTY LOCATION jh w W 16 a N � PRESEPUE 1 1 I 1 , 1 PARCEL B " 1 F . F " •ii PARCELA mTNroti�,� ,I r, --- — TVNe T• �R oA ROR ZONED: RPAD •(WMO RW III ____________-_ \•• ____-____MUNNa w ,�) RN Dew SPM RWUII— - IRA OPEN SPACE PROVIDED - (1- M. MIN.J Ij TRACT ROW WM(M•oi-WaY) O1 FI Nnmr vrrcranON eaEseRVAiNw I `� EYJSTUM PRG NAIVE VEGETATON �I BSI I FS4NATON REQUIRED MINIMUM -14.>3 ACS p' I I �, COWS COAL i =1 MINIMUM P—I—AWN PROVIDED I � R PRODUCTION WE cI MA%. OwSm - 51 DWEWNG — V �C I A RI (1.5 D.U./ACRE Dwsm + 1.0 U.U./ACRE -� m I.FAa � WI I Tray FROM —DING LANDS - 25 D.V./ACRE) __- i� ,� �I I I .TRAOT P , �y�}-ems I 501 PFAc 592 Z ImL. i i 601 AO>: _ _ _ ml GsaFMPn ) sees> Z �1 Ii '_DPw .... ,. I � za.Dz ,aao z !�I P O i •QE RESERVE BUFFEq. INtE MNHRNAHCf GSENENT) 1� ill Ii, NOTES IS CONCEPRIN. IN NANRE AND 6 SUBIECT Z2my TMCT ROW OIMFOFW�Y) OO MWOR MODIFIGTON DUE l0 M,FNLY PFAMIrtINO I III ps REaUIRNENIG I %i 2 ALL ACREAGES IXCEPT PR— AREAS, ARE ((i TflACT R O0. eMq APPRO%IWTE AND SUBIECT T] YOgF1GTON AT TIE I i j i ac.em.nM.D ro a s I — DC SDP OR PLAT APPROVAL IN ACCOPAWCE %RN I I —._.--_-----_._._._._._._. 5. TRH E. PRI3NVE, TdE10: IF IS DENSE wOUGH 10 EWNALEM EUFF .W — OWNT TRMRDS ZONEo: A - (Ay1gYNe) MINIMUM BUFEE1tlNG FINRRFNENTS. ZONED: A-ST 4. VDVD RE —RoNs. DNATGNS roux (AMNOWNe `Pedal REOUIRNI— ARE USIFD IN 1-0- E. T.eetment o—Y) LIDO ISLES CONCEPTUAL R.P.U.D. MASTER PLAN — EXHIBIT C 5nDn5 Combine the following PUDs/Properties into the San Marino Residential Planned Unit Development (RPUD): - San Marino RPUD - Willow Run RPUD - Lido Isles PUD - Cracklin' Jacks Restaurant Parcel 5 l i /``yy` 1 � i �r +��•si+ APPROVED PUD S OVERVIEW •`. J jT - r J a`�+,1 i r �.tM'''1 1. _ A dew"_' ` r I• Fig..0e, # �� CRACKL'IN • ` - � �� • ` r iL`^ SubjectArea y.� c r r i�� i FLD NORTH HD IRFsI mR RE N1 G 'N UBE: RE —ENT— VAGARY HON �Iu scu.s: l^ = 1Jar s50 13W =aNc�avEDlarRlcT(URIt SCALE IN FE ET �RIROE�� x:i 1URF] �fSUec aNIY- aW:'c ,e1'e� �nlluc E].HITINGUBE:MULiFFANIILY! mRR18:A IIO 9IFFER POTENTIAL PROJECT ENTRANCE d0 U= EXISRNG ENTRANCE{` AVENIINE APrS F�NU: ERE BOFBTRDICT�L aRF1 ExLBnNa DSE:�GOLFD—.E HELL Ci- 7 PROJECT RnRANCE— 7 POTENTIAL— 'PROJECTENTRANCE 1 =RNGE SUB —TRACT NRn EwsrNG usE. REsoErrtuL FLU: URBNI RE81— FRN f SUB018iRN:T[URFI EX—NGUSE: NIULTFFAAILY! GOLF—BEI PREBER— - _ m --- ` REnU— J PER LDDAOEB].0 %4`---------- P RLOWELL %IDC �R L F—GE NGBE— HACIEHW8) UBE IE REQUIRED ... .1 iAN MARINO; .' . i jPARCELA) 36.9 AC. R o sLti i21 NE B— SAN MAMARINO 8 (PARCEL 8) 4 �+Iilik- 5d � -L- -,- i SAN MARINO ., (PARCREL C) 9, yL �ssum FLlt D0R8ERVAiNM1 [CI O SAN MARINO — — POTENTIAL ` (PARCEL BAND C) I8--- INTERCONNECT I 7&1 7AC 1 LEGEND PROPOSED LAKE PRESERVE VEHICULAR �► INGRESS AND EGRESS .A AMENITY AREA COMMERCIAL CE EXCAVATION R. RESIDENTIAL TRACT # DEVIATIONS —LES U-EL 7 17U FPL ReIw REBI cT (URRI a �mNIHG: P ID I W BIULTFFAYILYI GOLF _ w BURGER DE�u„� EASERE BBED A� i mRIHo �Fa1 9 HT iooazsnl I c UEE. RE —EN — FLU: UREAN R13BIDENTLLL FRINGE BUBDI9TRN:i IURF) ZONNG: USE: RE810ENTlLL IAIPUO 2BC•O ■ Combined Planned Unit Development does not change density yield of previous approvals ■ Previously established preserve areas will be maintained ■ Advenir Apartments have been constructed (300 units) and will remain unchanged ■ Intended development program is for a mix of single and multifamily gated community ■ The combined PUD is 1,321 residential units on 823.E+/- acres yielding an overall projected density of 1.6 dwelling units per acre ■ 267.7 acres of preserve and minimum of 60% overall open space 7 NEXT STEPS: 1. PUBLIC INFORMATION MEETING (tonight) 2. COMPLETE STAFF REVIEWS 3. PUBLIC HEARINGS- i. One ('1) Planning Commission Hearing u. One (1) Board of County Commissioners Hearing 4. COMPLETE ZONING SEPTEMBER 2022 JUNE 6, 2022 SAN MARINO RPUD Email Address Final Publication Date mfroimson@gannett.com 5/19/2022 Ad Number GC10883831 Publication Naples Daily News Market Naples Delivery Method Email Number of Affidavits Needed 1 Customer Name RVI PLanning Customer Phone Number (239) 405-7777 Customer Address 28100 Bonita Grande DR STE 305 Bonita Springs, FL 34135-6221 Account Number (If Known) 507176 Customer Email fdrovdlic@rviplanning.com Your Name Marita Froimson N-Ciptrs 4:rlaitij NOW5 PART OFTHE USA TODAY NETWORK Published Daily Naples, FL 34110 RVI PLANNING 28100 BONITA GRANDE DR #305 BONITA SPRINGS, FL 34135 ATTN Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared who on oath says that they serve 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. 5/19/2022 Subscribed and sworn to before on May 19th, 2022 Notary, State of WI, County of Brown My commission expires: C ---/ =KATHLEENALLENblicPUBLICATION COST: $672.00 AD NO: GC10883831 consin CUSTOMER NO: 507176 PO#: PUBLIC NOTICE AD SIZE: DISPLAY AD W/ MAP 2X10 NOTICE OF NEIGHBORHOOD INFORMATION MEETING In compliance with the Collier County Land Development Code the public is invited to attend a neighborhood information meeting held by RVi Planning + Landscape Architecture, on behalf of SD San Marino, at the following time and location: DATE: Monday, June 6, 2022 TIME: 5:30 p.m. ADDRESS: Fairway Bible Church, 3855 The Lords Way, Naples FL 34114 VIRTUAL MEETING OPTION: Zoom ID# 895 543 23971 Passcode: 478117 http s://atwe I I-g rou p.xoo m. usfi/8955432 39 7? pwd=TG E wY2pYUDh1UTFGc1 V4ZEEyW Ek4Zz09 SD San Marino has filed an application with Collier County seeking approval to amend the San Marino Residential Planned Unit Development (RPUD) to unify the previously approved Willow Run PUD, Lido Isles PUD, and the property that occupied by Cracklin' Jacks Restaurant to the San Marino PUD to create one amended San Marino PUD with similar density and uses as has been previously approved. The maximum density of the combined PUD is 1,321 residential units on 823.E+/- acres yielding an overall projected density of 1.6 dwelling units per acre. WE VALUE YOUR INPUT Business and property owners and residents are welcome to attend the presentation and discuss the project with the owners' representatives and Collier County staff. If you are unable to attend this meeting, but have questions or comments, they can be directed to: RVi Planning + Landscape Architecture c/o Fred Drovdlic 1514 Broadway, Suite 201, Fort Myers FL 33901 (239) 318-6707 OR fd_rpudlirviplanning.corn N6GcIONM31-01 lixf 1 Planning + Landscape Architecture May 20, 2022 S: NOTICE OF NEIGHBORHOOD INFORMATION MEETING SAN MARINO RPUD AMENDMENT (PL20210001766) Dear Property Owner: In compliance with Collier County Land Development Code please be advised that SD San Marino has an application with Collier County. This application is seeking approval to: Amend the San Marino Residential Planned Unit Development (RPUD) to unify the previously approved Willow Run PUD, Lido Isles PUD, and the property that occupied by Cracklin' Jacks Restaurant to the San Marino PUD to create one amended San Marino PUD with similar density and uses as has been previously approved. The maximum density of the combined PUD is 1,321 residential units on 823.E+/- acres yielding an overall projected density of 1.6 dwelling units per acre. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to hear a presentation about this application and ask questions. The Meeting will be held on Monday, June 6 at 5:30 p.m. at Fairway Bible Church, 3855 The Lords Way, Naples FL 34114. A virtual meeting option is also available: Zoom ID# 895 543 2397 1 Passcode: 478117 Should you require additional information or have any questions, please feel free to contact me directly at (239) 989-3370, or fdrovdlic(a�rviplanning.com. Sincerely, RVi Planning + Landscape Architecture Fred Drovdlic, AICP Planning Director PROJECT LOCATION s CW Ewa�PN C v11rr Cou my Propsty Apvrmm Hap1¢i F L Page 2 of 2 NOTICE OF NEIGHBORHOOD INFORMATION MEETING In compliance with the Collier County Land Development Code the public is invited to attend a neighborhood information meeting held by RVi Planning + Landscape Architecture, on behalf of SD San Marino, at the following time and location: DATE: Monday, June 6, 2022 TIME: 5:30 p.m. ADDRESS: Fairway Bible Church, 3855 The Lords Way, Naples FL 34114 VIRTUAL MEETING OPTION: Zoom ID# 895 543 23971 Passcode: 478117 https://atwell-group.zoom.us/m/8955432397?pwd=TGE wY2pYUDhIUTFGc1 V4ZEEyWEk4Zz09 SD San Marino has filed an application with Collier County seeking approval to amend the San Marino Residential Planned Unit Development (RPUD) to unify the previously approved Willow Run PUD, Lido Isles PUD, and the property that occupied by Cracklin' Jacks Restaurant to the San Marino PUD to create one amended San Marino PUD with similar density and uses as has been previously approved. The maximum density of the combined PUD is 1,321 residential units on 823.E+/- acres yielding an overall projected density of 1.6 dwelling units per acre. r 4 i �4 i1 WE VALUE YOUR INPUT Business and property owners and residents are welcome to attend the presentation and discuss the project with the owners' representatives and Collier County staff. If you are unable to attend this meeting, but have questions or comments, they can be directed to: RVi Planning + Landscape Architecture c/o Fred Drovdlic 1514 Broadway, Suite 201, Fort Myers FL 33901 (239) 318-6707 OR fdrovdlic@rviplanning.com ND-GC10883831-01 NAME1 ACETTA JR, MICHAEL E ADUBATO, ROBERT A & JEAN C ADVENIR@AVENTINE LLC AITKEN, GREGORY R ALDRICH, RICHARD & TANYA ALLAN L & PHYLLIS L KETCHUM ANCONA, CRISTINA ANNA ANDERSON, DOUGLAS ANDERSON, ERIC H & JEANNETTE G DYLAN T HOEN ARVINDA R GOLWALA LIV TRUST BARANELLO FAMILY TRUST BARATTA JR, PHILIP A BARKER, JUDSON & LINDA BELL, MICHEL J & MARY A BENNER, ROSS BERGEN, JUDITH BERNY, JANINE BOESCH, FRANCIS CHRISTIAN BOMMENTRE, FRANK J & DONNA A BOURKE, MICHAEL ROBERT BRENNAN, D PETER & JENNIFER A BRITANNIA OF FOREST GLEN BROOS, JOHN & ROSEMARY E BROWN, LAURENCE S & KAREN J BUEKER, PAUL & CORNELIA BUENDO, FRANK P & CATHERINE L BUHLER, ANDREA J BURGESS FAMILY 2021 REV TRUST BURNSTEIN, DANA B CALOGERO, RICHARD & WENDY CAMPBELL II, 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J & LORRAINE M WEYNAND, PATRICIAA WHITING ET AL, STEVEN R WILKERSON, WALTER H & SHEILA M WILKINS, PATRICIAA WILLIAMSON FAMILY REV TRUST WILLOUGHBY, JAMES & CATHY WOLF, MICHAEL & DEBRA A WONG, JASON M & LESLIE S YANCER, HARRIS R & DEBORAH D ZARCONE, PETER & KAREN 6461 SANDALWOOD LANE 8416 PORTER PLACE 6129 S WESTERN AVENUE 3940 FOREST GLEN BLVD #102 38 ROY DRIVE 321 SYLVAN OAKES DR 3974 BISHOPWOOD CT W UNIT 102 ROBERT S RUOTI 11 FOOTPATH ROAD 230 BEECHWOOD AVE 3970 LOBLOLLY BAY DR #405 280 LEXINGTON ST 38280 BARRINGTON DR 50 WASHINGTON AVE 16 LURAY LN NAPLES, FL 34109 --- 503 CROWN POINT, IN 46307 --- 0 WILLOWBROOK, IL 60527 --- 0 NAPLES, FL 34114 --- 0 NESCONWSET, NY 11767 --- 0 HOLLIDAYSBURG, PA 16648 --- 0 NAPLES, FL 34114--- 3557 MARLTON, NJ 08053 --- 0 CHELMSFORD, MA 01824 --- 0 POUGHKEEPSIE, NY 12601 --- 0 NAPLES, FL 34114 --- 0 NEWTON, MA 02466 --- 0 GRAFTON, OH 44044 --- 0 HOLTSVILLE, NY 11742--- 1048 San Marino NIM POList 500.x1s SAN MARINO RPUD Planned Unit Development Amendment Application ZONING APPROVALS I 31if M1 Planning + Landscape Architecture HEX NO.2016 — 22 HEARING EXAMINER DECISION PETITION NO. PDI-PL20160000263 — SD San Marino, LLC requests an insubstantial change to Ordinance No. 2000-10, as amended, the San Marino Planned Unit Development, to add a traffic development commitment relating to temporary construction access for Parcel B, to amend a traffic development commitment to reflect the correct permanent access point location for Parcel B, to amend a deviation to require sidewalks on both sides of the main entry road of Parcel B, to amend a deviation to allow for a 12-foot tall fence, wall or berm along the shared boundary with Willow Run PUD to the south, and to amend the Master Plan for Parcel B to reflect the location of the temporary and permanent access points, and the reconfigured roadways, lakes and residential areas, for the property located on the east side of Collier Boulevard, approximately 1.5 miles south of Davis Boulevard, in Section 11, Township 50 South, Range 26 East, Collier County, Florida, consisting of 235f acres. DATE OF HEARING: June 23, 2016 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Sections 10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the petition should be approved. ANALYSIS: Five citizens attended the neighborhood information meeting (NIM). The applicant revised their proposed changes as a result of the NIM. No correspondence was received in opposition and there were no members of the public attending this hearing. The advertised title describes changes relating to a temporary construction access, but those changes were withdrawn prior to the hearing and therefore were not included in this Decision. DECISION: The Hearing Examiner hereby approves Petition Number PDI-PL20160000263, filed by Alexis Crespo, AICP, of Waldrop Engineering, representing SD San Marino, LLC, with respect to the property as described in the San Marino PUD, Ordinance No. 2000-10, as amended, for the following insubstantial changes: • to amend a traffic development commitment to reflect the correct permanent access point location for Parcel B; [16-CPS-01522/1262649/1169 1 of • to amend a deviation to require sidewalks on both sides of the main entry road of Parcel B; • to amend a deviation to allow for a 12-foot tall combination wall/berm with a maximum wall height of 8 feet along the shared boundary with Willow Run PUD to the south; and • to amend the Master Plan for Parcel B to reflect the location of the permanent access point and the reconfigured roadways, lakes and residential areas. Said changes are fully described in the San Marino PUD amendment and Site Plan attached as Exhibit "A", and are subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A — PUD Amendment and Site Plan LEGAL DESCRIPTION: See Ordinance No. 2000-10, as amended, the San Marino PUD. CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. DISCLAIMER: Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. Date Mark Strain, Hearing Examiner Approv ts to fo and legality: Scott A. Stone Assistant County Attorney [ 16-CPS-01522/1262649/1169 2 of 2 EXHIBIT "A" to HEX No. 2016 — 22 San Marino PUD Amendment to Ordinance No. 2000-10, as amended The below sections of the San Marino Planned Unit Development, attached as Exhibit A to Ordinance Nos. 00-10 and 15-30, the San Marino PUD, are hereby amended as attached hereto and incorporated herein by reference: • Exhibit B, entitled "PARCEL B PUD MASTER PLAN" • Section V, entitled "DEVELOPMENT COMMITMENTS" • Section VI, entitled "DEVIATION FROM THE LDC" w A w IQ = = A Exhibit A D= _�� _ = x Im- 0>� m� -1m >0 r 0� AE 0mo0 ==o z Page 1 of 4 � T� mm 0�A �D mzm O�NOw TV)c C m vC Z� AO�D 10Pa '"Ku wiz °c mzo O yr ZOm O� vvy yF� �t �'3 Zn cn C;L1 m0c6 v0 O1. o c A g vw " c m00 °�°< vm cz �TIX mC) m p y cnv� m mD -m D nm xnOR v y A u mAm 0 00 x�1 Dc -n mr G) z -- COLLIER BLVD/CR 951 Zr-0 CD mZO D .Zl Z 0* m HENDERSON CREEK CANAL _ Am � 0, (7 m v_ n m m m y Z m T j = fpT1 m r 20'TYPE "D" BUFFER 0< A Om O m 5� �A Zi F Zm < �D Z D m F F _Z� �z� mm _ 0D m Z7 / / p m N XOm czm zv r 1V> 07 tnm O� D n x fll 1// o � �OZ O ;�v v mO vD mcn r 1 '�zo � cm0 m 0 O� pW 00 m II _ pm< < A Tm 0 11m m0 r A p p n � 1 m Dvvx zo m vc �� D 1� IT T "may♦ p IcO DO rZ -::j mZ -m In3 2 0z Z z Z 0O D v ;u ♦ Z' o r ♦ p ♦ 10'TYPE"A"BUFFER — _ — — — `�--- ♦ Z A / gs A O r 0 10 1 1 T Z A 1 A A 1 U C I A M. C O I --� ♦.1 n r--- p / " > i z A o\OR 1— <wF - — — — — — — — — - M.y m . A N 1 I A M. v ,Zy za 1 GAF ' 0 C zz- A cw c rp MO0 0 K Z Z. Z Z 0 1 i\ o v II m C q 1^ p 1 m m 1 1 1 I 1 m A 1 / / 1 1 p /^--�---' �- A 1 I p Y` ' III 10' TVPE'A" OR "B" BUFFER M. NO BUFFER REQUIRED c O Z C A O O mZm O Z N N CCp O m m O Z3m Z NNm m p mZpn m < 3 A ��z cn 0 �vm r 1. m ; � m N U) m m z z o m A A m p m _`z z Z1 -j m D r ORIGINAL SUBMITTAL: 02/03/16 A CD z PLAN REVISIONS Al03/23/16 REVISED PER COUNTY COMMENTS ,y " SAN MARINO 2 04/20/16 REVISED PER COUNTY COMMENTS m ENGINEERING 3 05/10/16 REVISED PER COUNTY COMMENTS z CLIENT: H & LD VENTURE, L.L.C. 4 05/19/16 REVISED PER COUNTY COMMENTS PARCEL "B" PUD MASTER PLAN 5 06/ 99116 REVISED PER COUNTY COMMENTS 6 06/23/16 REVISED PER HEX EXHIBIT B p'aM�°ePf'�g Qom � m � O � W �� D m A � � v � w v O v � � D v O v � v m m 0� p�{ v � � p (n m� �� Z Z � c� w c� D � D m D D m p � r z C � 'C m D A A v O N V O I} A I+ 0 O N O CO 0o N CID 10}O m D m SECTION V DEVELOPMENT COMMITMENTS 5.3 PUD MONITORING Exhibit A Page 2 of 4 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 amendment approval dated June 29 244-4, 2016, the Managing Entity is # & L D Venture, L SD San Marino, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal 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. 5.85 TRAFFIC A. The applicant shall install arterial level street lighting at the project entrances, prior to the granting of any Certificates of Occupancy for the project. B. The applicant shall provide, if required by Collier County Transportation Services, both a northbound right turn lane and a southbound left turn lane at the project entrances, which shall be constructed during the construction of the project's access driveways onto County Road 951. C. A potential vehicular interconnection to the agriculturally zoned property to the north may be provided if a mutual agreement is reached with the owners to address coordinated designed, and responsibility for permitting, construction and maintenance costs, and other applicable access considerations, including any bridge and turn land improvements. At the time of subdivision plat for the first phase of development, the developer must provide staff with documentation of their efforts to establish the Words underlined are added; works StFU k threugI4 are deleted. Exhibit A Page 3 of 4 interconnection in the form of a certified letter to the adjacent property owner. D. The development shall be limited to a maximum of 493 Two-way unadjusted PM Peak Hour trips. E. The Owner, its successor, or assign(s) agrees to provide proportionate fair share payment to Collier County for a traffic signal and appurtenances at any project entrance, when and if warranted. F. New} ,driveway connections for the development of Parcel B must align with exiSt+nn�eGtieRal mi-r e i 'g, approximately Qnn'+ sr�u�� Nerthorly property lino the access point shown on the PUD Master Plan for Pnrrol R Words underlined are added; works StFU k threugI4 are deleted. Exhibit A Page 4of4 SECTION VI DEVIATIONS FROM THE LDC * * * * * * * * * * * * * The following deviations are applicable to Parcel B only: 2. Deviation (2) from LDC Section 6.06.02.A.2, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks which are internal to the development to be constructed on both sides of local streets, to allow a 6'-wide sidewalk on one side of the street only for streets with homes on one side of the street -,and to allow a G.' wide sidewalk on one side of the main entry read. One canopy tree (or canopy tree equivalent) shall be provided per 30 linear feet of sidewalk. Canopy trees located within 10 feet of the sidewalk may count towards a sidewalk canopy tree. This deviation does not apply to the main entry road deaicted on the PUD Master Plan for Parcel B. 4. Deviation (4) from LDC Section 5.03.02.C, Fences and Walls, which permits a maximum wall height of 6 feet in residential zoning districts. The requested deviation is to allow a maximum wall height of 8 feet throughout the development, and a 12-foot tall masonry or concrete wall, berm, or combination wall/berm along Collier Blvd., and a 12-foot tall combination wall/berm with a maximum wall height of 8 feet along the southern boundary line where the RPUD abuts the Willow Run RPUD. * * * * * * * * * * * * * Words underlined are added; works struck through are deleted. ORDINANCE NO. 15- 2 9 AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT TO INCREASE THE MAXIMUM ALLOWABLE RESIDENTIAL DENSITY THAT MAY BE ACHIEVED IN THE 196.4 ACRE UNDEVELOPED PORTION OF THE SAN MARINO RESIDENTIAL PLANNED UNIT DEVELOPMENT FROM 2.5 UNITS PER ACRE UTILIZING TRANSFER OF DEVELOPMENT RIGHTS ("TDRS") TO 3.02 UNITS PER ACRE UTILIZING TDRS, AND TO ALLOW THE TRANSFER OF RESIDENTIAL DENSITY TO THAT PORTION OF THE SAN MARINO RESIDENTIAL PLANNED UNIT DEVELOPMENT FROM SENDING LANDS LOCATED MORE THAN ONE (1) MILE FROM THE URBAN BOUNDARY, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT 196.4-ACRE PROPERTY IS LOCATED EAST OF COLLIER BOULEVARD, APPROXIMATELY 1-1/2 MILES NORTH OF RATTLESNAKE -HAMMOCK ROAD IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20140000113/CP-2014-2] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act of 1985, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Petitioner, Stock Development, initiated this amendment to the Future Land Use Element; and WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on December 19, 2014, after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and [14-CMP-00934/1167565/11 127 1 of3 Rev. 4/3/ 15 Words underlined are additions; Words s,,..,^v, +ugh are deletions *** *** *** *** are a break in text An WHEREAS, the Department of Economic Opportunity reviewed the amendments to the Future Land Use Element to the Growth Management Plan and transmitted its comments in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 180 days from receipt of the Comments Report from the Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County staff Report, the documents entitled Collier County Growth Management Plan Amendments and other documents, testimony and information presented and made a part of the record at the public hearings of the Collier County Planning Commission held on April 2, 2015, and the Collier County Board of County Commissioners held on May 12, 2015; and WHEREAS, all applicable substantive ad procedural requirements of the law have been met. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The amendment to the Future Land Use Element attached hereto as Exhibit "A" and incorporated herein by reference, is hereby adopted in accordance with Section 163.3184, Florida Statutes, and shall be transmitted to the Florida Department of Economic Opportunity. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. [ 14-CMP-00934/ 1167565/ 11 127 Rev. 4/3/15 2 of 3 Words underlined are additions; Words stfuek through are deletions *** *** *** *** are a break in text Cq PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ) a .lay of Q 2015. ATTEST: DWIGHT E. BROCK, CLERK r .? a'ty Clerk r A�ao Chairman's `. `S1 mare only. Appr ved as to form and legality: l to{!�` Heidi Ashton-Cicko A 4- � Managing Assistant County Attorney Attachment: Exhibit A — Text [14-CMP-00934/1167565/1] 127 Rev. 4/3/ 15 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: / 3 of 3 TIM NANCE, Chairman This ordinance filed with the Sg�cr Cory of S'ate's O�D` the �_ day of ---, and ocknowl-.", cment9y,,� tha7 filingreceived this JyLk—day of Deputy clerk Words underlined are additions; Words stmek thfeugh are deletions * * * * * * * * * * * * are a break in text G PL20140000113 CP-2014-2 EXHIBIT "A" FUTURE LAND USE ELEMENT 2. Urban Residential Fringe Subdistrict [Page 28] The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural/Rural Area and comprises approximately 5,500 acres and 5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum base density of 1.5 units per gross acre, plus any density bonus that may be achieved via CCME Policy 6.2.5 (6) b.1., and either "a" or "b" below. - Within the Urban Residential Fringe, rezone requests are not subject to the density rating system, except as specifically provided below for the Affordable -workforce Housing Density Bonus. All rezones are encouraged to be in the form of a planned unit development. Proposed development in the Subdistrict shall be fully responsible for all necessary water management improvements including the routing of all on -site and appropriate off -site water through the project's water management system, and a fair share cost of necessary improvements to the CR 951 canal/out-fall system made necessary by new development in the Subdistrict. a. Up to 1.0 unit per gross acre via the transfer of up to one (1.0) dwelling unit (transferable development right) per acre from lands located within one mile of the Urban Boundary and designated as Rural Fringe Mixed Use District Sending Lands, eXGep+ in the Gase „f with the following exceptions: i. pProperties that straddle the Urban Residential Fringe and the Rural Fringe Mixed Use Sending Lands designations, and meet the other Density Blending criteria provided for in subsection 5.2 of the Density Rating System, which may achieve an additional maximum density of up to 1.3 units per gross acre for all lands designated as Urban Residential Fringe via the transfer of up to 1.3 dwelling units (transferable development rights) per acre from lands located within one mile of the Urban Boundary and designated as Rural Fringe Mixed Use District Sending Lands; or, ii. The Urban Residential Fringe portion of the Naples Reserve Residential Planned Unit Development located in Section 1, Township 51 South, Range 26 East, shall not be subject to the one mile limitation set forth above and may utilize TDRs from any lands designated Sending within the Rural Fringe Mixed Use District to achieve up to the maximum allowable density; or, iii. Up to 1.52 additional units per acre may be achieved for Urban Residential Fringe lands within the 196.4 acre portion of the San Marino Planned Unit Development described below, via the transfer of 1.52 dwelling units (transferable development right) per acre. The Property shall not be subject to the one mile limitation set forth above and may utilize TDRs derived from any lands designated Sending within the Rural Fringe Mixed Use District to achieve up to the maximum allowable density. The Property is further described as follows: That portion of the San Marino Planned Unit Development described in Ordinance No. 2000-10 as amended, excepting the ±39 acres located in the South % of the Southwest '/4 of the Northwest %4 of Section 11, Township 50 South Range 26 East and in the Northwest '/4 of the Southwest '/4 of Section 11, Township 50 South, Range 26 East. Words underlined are added; words struck threub are deleted. Row of asterisks (**** **** ****) denotes break in text. PL20140000113 C P-2014-a b. In the case of properties specifically identified below, a density bonus of up to 6.0 additional units per gross acre may be requested for projects providing affordable -workforce housing (home ownership only) for low and moderate income residents of Collier County, pursuant to Section 2.06.00 of the Land Development Code, or its successor ordinance, except as provided for below...: Properties eligible for the Affordable -workforce Housing Density Bonus (home ownership only) will be specifically identified herein. The actual number of bonus units per gross acre shall be reviewed and approved in accordance with the conditions and procedures set forth in Section 2.06.00 of the Land Development Code, except that, Section 2.06.03 shall not apply, and the number of dwelling units required to be sold to buyers earning 80% or less of Collier County's median income, as calculated annually by the Department of Housing and Urban Development (HUD), shall be at least thirty percent (30%). The following properties are eligible for an Affordable -workforce Housing Density Bonus (home ownership only) of up to 6.0 additional dwelling units per acre. 4- i. Property located on the East side of Collier Boulevard (C. R. 951), approximately 6 tenths of a mile south of intersection with Rattlesnake Hammock Road (C.R. 864), in Section 23, Township 50 South, Range 26 East, Collier County, Florida, and further described as follows: THE NORTH '/2 OF THE SOUTHWEST '/a OF THE NORTHWEST %4 OF THE SOUTHWEST '/4 AND THE NORTHWEST '/4 OF THE SOUTHEAST '/4 OF THE NORTHWEST '/4 OF THE SOUTHWEST '/4, LESS THE NORTH THIRTY FEET FOR ROAD RIGHT OF WAY PURPOSES ONLY OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LESS THE WEST 100 FEET THEREOF, AND; THE NORTHEAST '/4 OF THE SOUTHEAST '/4 OF THE NORTHWEST '/4 OF THE SOUTHWEST '/4, LESS THE NORTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND; THE SOUTH '/2 OF THE NORTH '/z OF THE WEST'/z OF THE NORTHEAST % OF THE SOUTHWEST '/4 AND THE SOUTH '/2 OF THE WEST '/2 OF THE NORTHEAST '/4 OF THE SOUTHWEST %, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA SUBJECT TO AN EASEMENT OVER AND ACROSS THE WEST 36 FEET THEREOF, AND; AN EASEMENT 36 FEET IN WIDTH OVER AND ACROSS THE EAST 36 FEET OF THE NORTH '/2 OF THE NORTH '/2 OF THE WEST '/2 OF THE NORTHEAST 2 Words underlined are added; words struck through are deleted. Row of asterisks (**** **** ****) denotes break in text. �1 PL20140000113 CP-2014 2 1/4 OF THE SOUTHWEST'/4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, AND TOGETHER WITH; A STRIP OF LAND DESIGNATED AS RIGHT OF WAY OVER AND ACROSS THE NORTH 50 FEET OF THE SOUTH '/2 OF THE NORTHWEST '/4 OF THE SOUTHWEST '/4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY FLORIDA, AND; THE NORTH '/ OF THE NORTH '/2 OF THE WEST '/2 OF THE NORTHEAST/4 OF THE SOUTHWEST 1/4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, AND; THE SOUTHWEST % OF THE SOUTHWEST '/4 OF THE NORTHWEST %4 OF THE SOUTHWEST %4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, AND; THE EAST '/2 OF THE NORTHEAST '/4 OF THE NORTHWEST %4 OF SOUTHWEST % LESS THE NORTH 30 FEET FOR RIGHT OF WAY OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, AND; THE NORTH '/2 OF THE NORTHWEST % OF THE SOUTHWEST % OF THE SOUTHWEST %, LESS THE WEST 100 FEET OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, AND; THE EAST '/2 OF THE NORTHEAST '/4 OF THE SOUTHWEST %, LESS THE NORTH 328.19 FEET OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY FLORIDA, CONTAINING 55ACRES, MORE OR LESS. B. DENSITY RATING SYSTEM: [Page 49] 2. Density Bonuses f. Transfer of Development Rights Bonus To encourage preservation/conservation of natural resources, density transfers are permitted as follows: (a) From Urban designated areas into that portion of the Urban designated area subject to this Density Rating System, in accordance with the Transfer of Development Rights (TDR) provision contained in Section 2.03.07 of the Land Development Code, adopted by Ordinance No. 04-41, as amended, on June 22, 2004 and effective October 18, 2004. For projects utilizing this TDR process, density may be increased above and beyond the density otherwise allowed by the Density Rating System. (b) From Sending Lands in conjunction with qualified infill development. (c) From Sending Lands located within one mile of the Urban Boundary into lands designated Urban Residential Fringe, at a maximum density increase of one unit per gross acre, eXGeptfo with the following exceptions: i. pProperties that straddle the Urban Residential Fringe and the Rural Fringe Mixed Use Sending Lands designations, and meet the other Density Blending criteria provided for in subsection 5.2 of the Density Rating System, whiGh may transfer TDRs from Sending Lands located within one mile of the Urban 3 Words underlined are added; words strUGk threugh are deleted. Row of asterisks (**** **** ****) denotes break in text. Do PL20140000113 CP-2014-2 Boundary into lands designated Urban Residential Fringe, at a maximum density increase of 1.3 units per gross acre. ii. The Urban Residential Fringe portion of the Naples Reserve Residential Planned Unit Development located in Section 1, Township 51 South, Range 26 East shall not be subject to the one mile limitation set forth above and may utilize TDRs from any lands designated Sending within the Rural Fringe Mixed Use District to achieve up to the maximum allowable density increase. iii. Up to 1.52 additional units per acre may be achieved for Urban Residential Fringe lands within the 196.4 acre portion of the San Marino Planned Unit Development described below, via the transfer of 1.52 dwelling units (transferable development right) per acre. The Property shall not be subject to the one mile limitation set forth above and may utilize TDRs derived from any lands designated Sending within the Rural Fringe Mixed Use District to achieve up to the maximum allowable density. The Property is further described as follows: That portion of the San Marino Planned Unit Development described in Ordinance No. 2000-10 as amended, excepting the ±39 acres located in the South '/2 of the Southwest %a of the Northwest '/4 of Section 11, Township 50 South Range 26 East, and in the Northwest '/4 of the Southwest'/4 of Section 11 Township 50 South, Range 26 East. In no case shall density be transferred into the Coastal High Hazard Area from outside the Coastal High Hazard Area. 4 Words underlined are added, words StF61Gk through are deleted. Row of asterisks (**** **** ****) denotes break in text. PLORIDA DEPARTMENT 0 STATE RICK SCOTT Governor May 15, 2015 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Teresa L. Cannon, BMR Senior Clerk Dear Mr. Brock: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 15-29, which was fled in this office on May 15, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us ORDINANCE NO. 15- 3 5 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 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 ZONING DISTRICT (A), AND A RURAL AGRICULTURAL ZONING DISTRICT WITH AN ST OVERLAY (A-ST), TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO ALLOW UP TO 61 DWELLING UNITS FOR A PROJECT TO BE KNOWN AS THE LIDO ISLES RPUD ON PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD AT 9130 AND 9198 COLLIER BOULEVARD IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 24.32f ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZ- PL20140000393] WHEREAS, Robert J. Mulhere, FAICP of Hole Montes, Inc. representing Marco Island Group LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Zoning Classification. The zoning classification of the herein described real property located in Section 11, Township 50 South, Range 26 East, Collier County, Florida is changed from a Rural Agricultural Zoning District (A), and a Rural Agricultural Zoning District with an ST Overlay (A-ST), to a Residential Planned Unit Development (RPUD) Zoning District for a 24.32± acre parcel to be known as the Lido Isles RPUD 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 No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. [14-CPS-01369/1182219/11 112 Lido Isles RPUD - PUDZ-PL20140000393 Page 1 of 2 Rev. 5/22/ 15 ED PASSED AND DULY ADOPTED by su e -majority vote of the Board of County Commissioners of Collier County, Florida, this 3T`�ay of — 1-1-1 r-1 e , 2015. ATTEST DWIGI T'E ��B C K, CLERK } LV BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 0 TIM NANCE, Chairman Attest a1 signature Approved as to form and legality: 14 ��G , J A 0 �8 �� He Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit C-1 — R-O-W Section Exhibit D — Legal Description Exhibit E — List of Requested Deviations Exhibit F — List of Developer Commitments This ordinance filed with the �ary pf tat Office the day of and acknowledgement of thot filing received this day of By [14-CPS-01369/1182219/11 112 Lido Isles RPUD - PUDZ-PL20140000393 Page 2 of 2 Rev. 5/22/15 2 EXHIBIT A LIDO ISLES RPUD PERMITTED USES MAXIMUM DWELLING UNITS The maximum dwelling units shall be sixty-one (61) provided that 24 of the maximum 61 units are obtained through a transfer of development rights in accordance with the requirements set forth in the LDC and GMP (Growth Management Plan). GENERAL A. Community recreation, clubhouse, indoor and outdoor fitness facilities (spa), dining facilities, community administration, maintenance buildings, recreational amenities and other similar uses designed for use by all residents and guests shall be permitted uses throughout the R designated areas of the PUD. Development Standards: Front Yard Setback: Side Yard Setback: Rear Yard Setback: Waterbody Setback: Preserve Setback: PUD Boundary Setback: FPL Easement Setback: Height: Clubhouse(s): Zoned: Actual: Other uses: Zoned: Actual: 25' 20' except where adjacent to preserve. 15' except where adjacent to preserve. 0' from lake maintenance easement or bulkhead 25' Equal to required width of perimeter landscape buffers 0' 35' 42' 25' 35' All pole lighting shall be limited to flat panel fixtures. Where a setback is required, any lighting fixture placed within: (a) 50 feet of the external boundary shall be limited to 15 feet in height; (b) 30 feet of the external boundary shall utilize full cut-off shields. B. Community structures such as guardhouses, gatehouses, fences, walls, columns, decorative architectural features, streetscape, passive parks and access control structures shall have no required setback, except as listed below, and are permitted throughout the "R" designated areas of the PUD. Maximum Height for Guardhouses/Gatehouses: Zoned: 25' Actual: 30' Page I of 10 HA2013\2013099MP\PUD Rezone\Post CCPC\Lido Isles RPUD (PUDZ-PL-20140000393)(CLEAN 5-7-2015).docx PUD Boundary Setback: 10', except fences or walls shall have no setback, except that which is required in order to provide landscaping on the exterior side of the wall. 3. RESIDENTIAL/TRACT R No building or structure, or part thereof, shall be erected, altered or used, in whole or in part, for other than the following: A. Principal Uses: 1. Single-family detached dwelling units. 2. Single-family attached dwelling units. 3. Two-family and single-family zero lot line dwelling units. 4. Townhouse and multi -family dwelling units. 5. Any other principal use, which is comparable in nature with the foregoing listed of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner ("HEX"), as applicable, by the process outlined in the Land Development Code ("LDC"). B. Accessory Uses: Accessory uses and structures customarily associated with principal residential uses permitted in this RPUD, including recreational facilities, such as swimming pools and screen enclosures. 2. Temporary construction, sales and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas, and related uses, subject to the procedures for a temporary use permit provided in the Land Development Code. 4. PRESERVE/TRACT P No building or structure, or part thereof, shall be erected, altered, or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Preservation of native habitat. B. Accessory Uses: Storm water management structures. Page 2 of 10 H:\2013\2013099\WP\PUD Rezone\Post CCPC\Lido Isles RPUD (PUDZ-PL-20140000393)(CLEAN 5-7-2015).docx ME 2. Pervious and impervious pathways and boardwalks, consistent with the LDC. 3. Shelters without walls. 4. Educational signage and bulletin boards located on or immediately adjacent to the pathway. 5. Benches for seating. 6. Viewing platforms. 7. Conservation -related and recreational activities comparable in nature with the aforementioned uses, as determined by the County Manager or designee. Page 3 of 10 H:\2013\2013099\WP\PUD Rezone\Post CCPC\Lido Isles RPUD (PUDZ-PL-20140000393)(CLEAN 5-7-2015).docx LIAR EXHIBIT B LIDO ISLES RPUD The Table below sets forth the development standards for land uses within the Lido Isles RPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the Land Development Code in effect as of the date of approval of the Site Development Plan or Subdivision Plat. DEVELOPMENT STANDARDS TABLE PERIMETER PUD SETBACK: The perimeter PUD setback shall be, at a minimum, equal to the required width of perimeter landscape buffers. DEVELOPMENT STANDARDS SINGLE- FAMILY DETACHED SINGLE-FAMILY ATTACHED TWO-FAMILY & SINGLE-FAMILY ZERO LOT LINE TOWNHOUSE or MULTI - FAMILY PRINCIPAL STRUCTURES MINIMUM LOT AREA 4,800 S.F. PER UNIT 1,800 S.F. PER UNIT 4,000 S.F. PER UNIT 10,000 S.F. PER BLDG. MINIMUM LOT WIDTH 40 FEET 30 FEET 40 FEET N/A MINIMUM FLOOR AREA 1,200 S.F 1,200 SY PER UNIT 1,200 S.F. PER UNIT 1,000 S.F. PER UNIT MINIMUM FRONT YARD ' 20 FEET 20 FEET 20 FEET 20 FEET MINIMUM SIDE YARD 5 FEET 0 OR 5 FEET 0 OR 5 FEE 0 or 15 FEET MINIMUM REAR YARD 10 FEET 10 FEET 10 FEET 10 FEET MINIMUM PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET MINIMUM DISTANCE BETWEEN STRUCTURES 10 FEET 10 FEET 10 FEET 20 FEET MAXIMUM BUILDING HEIGHT -ZONED 2 STORIES NTE 35 FEET 2 STORIES NTE 35 FEET 2 STORIES NTE 35 FEET 4 STORIES NTE 50 FEET MAXIMUM BUILDING HEIGHT - ACTUAL 42 FEET 42 FEET 42 FEET 57 FEET ACCESSORY STRUCTURES MINIMUM FRONT YARD SPS SPS SPS 23 FEET MINIMUM SIDE YARD SPS SPS SPS SPS MINIMUM REAR YARD 5 FEET 5 FEET 5 FEET 5 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET MAXIMUM HEIGHT ZONED & ACTUAL S.P.S. S.P.S. S.P.S. S.P.S. NTE = Not to Exceed; S.P.S. = Same as Principal Structures; BLDG. = Building; S.F. = Square Feet; N/A = Not Applicable General: Except as provided for herein, all criteria set forth in Exhibit B below shall be understood to be in relation to individual parcel or lot boundary lines or between structures. Condominium and/or homeowners' association boundaries shall not be utilized for determining development standards. Footnotes: Where a utility easement encroaches farther into a yard than the allowable setback, the minimum required setback shall be increased to the extent of the utility easement encroachment. Z Lots fronting on two streets shall provide a full front yard setback along the street with the shorter frontage, and a minimum 10' front yard setback along the other street frontage. Front entry garages shall be at least 23 feet from back of sidewalk. Where side entry garages are provided, the driveway shall be designed in such a manner so that a parked vehicle shall not conflict with the sidewalk; however, in no case shall the front setback be less than 10' for side entry garages. 3 5' minimum side setbacks for single-family attached, two-family and single-family zero lot line must be accompanied by another 5' minimum side setback on adjoining lot to achieve minimum 10' separation. "Zero feet if adjacent to a landscape buffer or lake maintenance tract. Landscape buffers and lake maintenance easements shall be platted as separate tracts at time of subdivision plat approval. Page 4 of 10 H:\2013\2013099\WP\PUD Rezone\Post CCPC\Lido Isles RPUD (PUDZ-PL-20140000393)(CLEAN 5-7-2015).docx Cq ------------- --------- A ZONED: RPUD (Willow Run) _T I I ``` ` Ii j 20• TYPE V BUFFER - ---- --� -�-- ___ -- — —~ — --- - --------- i II 20' TYPED' BUFFER TRACT R Pie 5782' 11-- j,�l I TRACT R (Residential) yj I j . . Reslderdl O ! Q iI O a= I I I 15' U.E. I TRACT ROW (Right -of -Way) 0 r �j COLLIER COUNTY II I I I 20' TYPE IY'. . BUFFER TRACT R RAW WATER I I Z' i I I j i i j (Residential) PRODUCTION WELL i ® NI XI 20 ^LME. �I I I Ij I II FPL I -- --- -- - -- - I EASEMENT TRACT P I I"(Preserve).' - -- -- - - - - eserve - I - I CNAL - - - - - _ I I 5.01 Ac.* - _ _ --- 10, TYPE •A• TRACT R ® BUFFER (Residential) Il Y 4 j i I 03 TRACT ROW (Right -of -Way) Lam, u i I l I l i l TRACT R O.R. 381D, F O 3778 iI (Residential) iI'II j O � I I 19 TYPE 'A' BUFFER-1 __ — — — _ = — — _ _— — — = ........ — I _ _ ZONED: A - (Agriculture) ZONED: A-SST (Agriculture Special Treatment Overlay) PREPARED BY : 111,11W HOLE MONTES BB®O RAM SR1 M Pmf..1-1 Reg].tr U-N..1772 Naples FMMyv VeniwEngle—I LIDO ISLES CONCEPTUAL R.P.U.D. MASTER PLAN EXHIBIT C ZONED: RPUD (Willow Run) OPEN SPACE OPEN SPACE REQUIRED = 60% = 14.6 AC.t OPEN SPACE PROVIDED = (14.6 Ac. MIN.) EXISTING NATIVE VEGETATION = 18.92 AC.t MINIMUM PRESERVATION REQUIRED (25%) = 4.73 AC.t MINIMUM PRESERVATION PROVIDED = 5.01 AC.t MAX. DENSITY = 61 DWELLING UNITS (1.5 D.U./ACRE BASE DENSITY + 1.0 D.U./ACRE TDRS FROM SENDIN G LANDS = 2.5 D.U./ACRE) LAND USE SUMMARY DESCRIPTION AREA (Ac ) PERC TRACT L (Lake) . ................. 1.fi4....... 6.7 % TRACT P (Preserve)........................5.01 20.6 % TRACT ROW (Right—of—Way)........2.24 9.2 % TRACT R (Residential)..................9.24 38.0 X FPL EASEMENT.....................................3.34 13.7 % *OTHER OPEN SPACE.........................2.85 11.7 % TOTAL 24.32 100.0 X *(I.E. PRESERVE BUFFER, LAKE MAINTENANCE EASEMENT) NOTES : 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2. ALL ACREAGES, EXCEPT PRESERVE AREAS, ARE APPROXIMATE AND SUBJECT TO MODIFICATION AT THE TIME OF SDP OR PLAT APPROVAL IN ACCORDANCE WITH THE LDC. 3. TRACT P, PRESERVE, WHERE IT IS DENSE ENOUGH TO PROVIDE EQUIVALENT BUFFERING, MAY COUNT TOWARDS MINIMUM BUFFERING REQUIREMENTS. 4. 1Q®(3 ®ARE DEVIATIONS. DEVIATIONS TO LDC REQUIREMENTS ARE LISTED IN EXHIBIT 'E'. REVISED: 5/20/15 0 0) cr 0 7 C) C14 fj LLJ 0 w UJ cit ui a cr. z N V) CY 0 W W2 C4 ftj cr. M -V) Lu w q z 0 C4 3 Z 5 C) Q�x i. 0 ui -i LLJ ch w OR P E� LLJ 00 LLJ V) 0 D D 0 0 Q LLI > z 0) m cr- .2 CL LO, cc — uj LL. C4 wg� F- a. z M UJIF _j &� O�v WO -4 Page 6 of 10 H \2013\2013099\WP\PUD Rezone\Post CCPC\Lido Isles PPUD (PUDZ-PL-20140000393)(CLEAN 5-7-2015).docx EXHIBIT D LIDO ISLES RPUD LEGAL DESCRIPTION THE NORTH'/z OF THE NORTH %z OF THE SOUTHWEST 'A OF THE SOUTHWEST'/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, EXCEPT THE WEST 100 FEET THEREOF FOR ROADWAY PURPOSES, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE NORTH %2 OF THE NORTH %2 OF THE SOUTH '/2 OF THE SOUTHWEST '/4 OF THE SOUTHWEST '/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 100 FEET FOR ROAD RIGHT-OF-WAY. THE SOUTH '/2 OF THE NORTH '/2 OF THE SOUTHWEST '/4 OF THE SOUTHWEST '/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST EXCEPT THE WESTERLY 100 FEET THEREOF FOR ROADWAY PURPOSES, COLLIER COUNTY, FLORIDA. Page 7 of 10 HA\2013\2013099\WP\PUD Rezone\Post CCPC\Lido Isles RPUD (PUDZ-PL-20140000393)(CLEAN 5-7-2015).docx EXHIBIT E LIDO ISLES RPUD LIST OF REQUESTED DEVIATIONS FROM LDC PRIVATE ROADWAY WIDTH 1. Deviation No. 1 seeks relief from LDC Section 6.06.01, Private Roadway Width, which requires a 60-foot right-of-way width, to allow that the private roadway shall have a minimum 42-foot right-of-way width. DRAINAGE EASEMENT WIDTH 2. Deviation No. 2 seeks relief from LDC Section 6.01.02.B.2, Drainage Easements, which requires, where underground drainage structures are installed, that an easement shall be no less than 15 feet in width, to allow for an easement alongside lot lines that is no less than 10 feet in width for storm drainage pipes less than 24" in diameter and with an invert no more than 6 feet below finished grade. All installations will follow OSHA and ACPA Standards. This does not apply to drainage easements over which Collier County holds or will hold maintenance rights. All drainage easements proposed to be less than 15 feet shall be maintained only by the developer, its successor or assigns, and shall not be transferred or conveyed to the County for ownership or maintenance. STREET SYSTEM REQUIREMENTS 3. Deviation No. 3 seeks relief from LDC Section 6.06.01.J, which prohibits culs-de-sac in excess of 1,000 feet, to allow the cul-de-sac in excess of 1,000 feet as shown on the RPUD Master Plan. SIDEWALKS 4. Deviation No. 4 seeks relief from LDC Section 6.06.02.A.1, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks on both sides of the street, to allow a single five (5) foot -wide sidewalk on only one side of a street where the street abuts the FPL easement or the Collier County raw water production well. Page 8 of 10 H:\2013\20l3099\WP\PUD Rezone\Post CCPC\Lido Isles RPUD (PUDZ-PL-20140000393)(CLEAN 5-7-2015).docx EXHIBIT F LIDO ISLES RPUD LIST OF DEVELOPER COMMITMENTS 1. TRANSPORTATION REQUIREMENTS A. The developer, his successor, or assign(s) shall bear a proportionate share responsibility toward the cost of creation or extension of any turn lanes in CR 951, as well as any future traffic signal (at such time as a signal may be warranted) or other median restrictions that serve the shared project entrance with the Willow Run RPUD. B. No Site Development Plan (SDP) or other development order authorizing site clearing or site improvements shall be granted until evidence of legal access, (an executed shared access agreement for vehicular access through Willow Run RPUD) to CR 951 is provided. The effective date of the easement(s) shall be prior to the date of the earliest to occur of plat approval or SDP approval. UTILITY REQUIREMENTS The primary water connection will be at a location at the southwest corner of the property; a stub -out for a second feed will be provided to the Willow Run RPUD at the entry road to the Lido Isles RPUD. 3. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the RPUD. At the time of this PUD approval, the Managing Entity is Lord's Way 30, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document, 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 the County that includes an acknowledgement of the commitments required by the RPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity will not be relieved of its responsibility under this Section. When the RPUD is closed out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 4. PLANNING A. To achieve the maximum allowable density of 61 units, 24 TDR Credits are required to be severed and transferred to the RPUD. Page 9 of 10 HA2013\2013099MP\PUD Rezone\Post CCPC\Lido Isles RPUD (PUDZ-PL-20140000393)(CLEAN 5-7-2015).docx B. A density calculation and TDR Credit tracking sheet shall be submitted with each Site Development Plan (SDP) and/or plat for the redemption of TDR Credits needed for the project. ENVIRONMENTAL A. Tract "P" Preserve provides a 5.01± acre contiguous preserve area on the west side of the site. The on -site preserve area consists of 4.75f acres of existing native vegetation and 0.26± acre of non-native habitat. The minimum required native vegetation preservation is 4.73± acres (25% of 18.92f acres of existing native vegetation). The Lido Isles RPUD shall preserve a minimum of 4.73f acres of native vegetation on -site. B. The informational brochure created by the Florida Fish and Wildlife Conservation Commission (FWCC) and titled "A Guide to Living in Bear County" provides background information on the identification, habits, and protection of the Florida black bear (Ursus americanus floridanus) and will be distributed to future homeowners and construction/maintenance personnel. The brochure educates the public about the Florida black bear and how to discourage bears around homes. The brochure also provides FWCC contact information for homeowners who may experience bear problems. The project will utilize bear -proof dumpsters and residents will be provided with information on how to secure their garbage containers to discourage bears from foraging in trash receptacles. Page 10 of 10 HA2013\2013099\WP\PUD Rezone\Post CCPC\Lido Isles RPUD (PUDZ-PL-20140000393)(CLEAN 5-7-2015).docx UA0 y.. ab. '•.4rin�µ.F ice,^`' .. FLORIDA DEPARTMENT 0 STATE RICK SCOTT Governor June 25, 2015 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ms. Martha Vergara, BMR Senior Clerk Dear Mr. Brock: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 15-35, which was filed in this office on June 25, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.il.us WILLOW RUN ORDINANCE NO. 14- 3 5 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 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 ZONING DISTRICT (A), A RURAL AGRICULTURAL ZONING DISTRICT WITH AN ST OVERLAY (A-ST), A RURAL AGRICULTURAL ZONING DISTRICT WITH A RURAL FRINGE MIXED USE SENDING LANDS OVERLAY AND NATURAL RESOURCE PROTECTION OVERLAY (A-RFMUD-NRPA), AND AN AGRICULTURAL ZONING DISTRICT WITH A RURAL FRINGE MIXED USE SENDING LANDS OVERLAY AND SPECIAL TREATMENT OVERLAY AND NATURAL RESOURCE PROTECTION AREA OVERLAY (A-RFMUD-ST-NRPA) TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO ALLOW UP TO 590 DWELLING UNITS FOR A PROJECT TO BE KNOWN AS THE WILLOW RUN RPUD ON PROPERTY LOCATED AT 9220 COLLIER BOULEVARD IN SECTIONS 11, 12,13 AND 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 559f ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PUDZ-PL20130000682) WHEREAS, D. Wayne Arnold of Q. Grady Minor and Associates, P.A., representing Joseph D. Bonness, III, as Trustee for the Willow Run Land Trust, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Zoning Classification. The zoning classification of the herein described real property located in Sections 11, 12, 13 and 14, Township 50 South, Range 26 East, Collier County, Florida is changed from a Rural Agricultural Zoning District (A), a Rural Agricultural Zoning District with an ST Overlay (A- ST), a Rural Agricultural Zoning District with a Rural Fringe Mixed Use Sending Lands Overlay and Natural Resource Protection Overlay (A-RFMUD-NRPA), and an Agricultural Zoning District with a Rural Fringe Mixed Use Sending Lands Overlay and Special Treatment Overlay and Natural Resource Protection Area Overlay (A-RFMUD-ST-NRPA) to a Residential Planned [13-CPS-01255/852078/1] 27 Willow Run RPUD - PUDZ-PL20130000682 Page 1 of 2 Rev. 8/13/14 0 Unit Development (RPUD) Zoning District for a 559t acre parcel to be known as the Willow Run RPUD 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 No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by supgr-majority vote of the Board of County Commissioners of Collier County, Florida, this day of SCr Af , {,,� , 2014. ATTEST DWIGHT E. BROCK, CLERK VVD By:: 5 ., S Attest ;t ; Signatures._' Approved as to form and legality: H idi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A — Permitted Uses BOARD OF COUNTY COMMISSIONERS Exhibit B — Development Standards Exhibit C — Master Plan (5 pages) Exhibit D — Legal Description Exhibit E — List of Requested Deviations Exhibit E-1 — Private Road Cross Section Single and Double Loaded Development Tract Exhibit F — List of Developer Commitments This ordinance filed with Q [13-CPS-01255/852078/1127 Willow Run RPUD - PUDZ-PL20130000682 Page 2 of 2 Rev. 8/13/14 the 0 EXHIBIT A FOR WILLOW RUN RPUD Regulations for development of the Willow Run RPUD shall be in accordance with the contents of this RPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this RPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. PERMITTED USES: A maximum of 590 dwelling units shall be permitted within the RPUD. 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: GENERAL 1. Community recreation, clubhouse, indoor and outdoor fitness facilities (spa), dining facilities, community administration, maintenance buildings, recreational amenities and other similar uses designed for use by all residents and guests shall be permitted uses throughout the R designated areas of the PUD. Development Standards: Front Yard Setback: Side Yard Setback: Rear Yard Setback: Waterbody Setback: PUD Boundary Setback: Setback From Residential Tract: 15, 15' except where adjacent to preserve. 15' except where adjacent to preserve. 0' from lake maintenance easement or bulkhead 100' for any building or use exceeding 35' in height, 30' for any building or use 35' or less in height. When a building or use is placed less than 100' from PUD boundary a 15' wide Type B landscape buffer with 6' high wall shall be provided. 25' In any case, no setback is required adjacent to the FPL easement areas, as shown on the Master Plan. All pole lighting shall be limited to flat panel fixtures. Where a setback is required, any lighting fixture placed within: (a) 50 feet of the external boundary shall be limited to 15 feet in height; (b) 30 feet of the external boundary shall utilize full cut-off shields. Willow Run RPUD PL20130000682 Page 1 of 19 Last Revised 0811312014 0 Maximum Height: Clubhouse(s): Zoned: 70' Actual: 75' Other uses: Zoned: 25' Actual: 35' 2. Community structures such as guardhouses, gatehouses, fences, walls, columns, decorative architectural features, streetscape, passive parks and access control structures shall have no required setback, except as listed below, and are permitted throughout the "R" designated areas of the PUD; however such structures shall be located such that they do not cause vehicular stacking into the road right-of-way or create site distance issues for motorists and pedestrians. Maximum Height for Guardhouses/Gatehouses: Zoned: 25' Actual: 30' Setbacks: PUD Boundary: 10', except fences or walls shall have no setback, except that which is adequate to provide landscaping on the exterior side of the wall, if required. RESIDENTIAL A. Principal Uses: 1. Commercial excavation, asphalt and concrete batch plants (these uses shall cease upon issuance of first building permit for a dwelling unit other than model home(s)). 2. Dwelling Units - Multiple -family, single family attached, single family detached, townhouse, two-family, duplex, variable lot line (single family) and zero lot line (single family). (A variable lot line dwelling unit is a single family dwelling where the side yards may vary between 0 and 10 feet as long as a 10-foot minimum separation between principal structures is maintained.) 3. 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 Hearing Examiner by the process outlined in the Land Development Code (LDC). B. Accessory Uses: Willow Run RPUD PL20130000682 Page 2 of 19 Last Revised 0811312014 a 1. Other accessory uses and structures customarily associated with the principal uses permitted in this District, including but not limited to swimming pools, spas and screen enclosures, sheds/structures and similar structures all designed to serve the residents and their guests shall be permitted in accordance with the development standard identified for accessory uses in Exhibit B. 2. 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 Board of Zoning Appeals or Hearing Examiner. PRESERVE A. Principal Uses: 1. Native preserves. B. Accessory Uses: 1. Water management. 2. Mitigation areas. 3. Hiking trails, boardwalks, shelters without walls, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to approval by permitting agencies. 4. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals (BZA) or Hearing Examiner determines to be compatible in the Preserve Area. DEVELOPMENT STANDARDS: Exhibit B sets forth the development standards for land uses within the RPUD Residential Subdistrict. 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 SDP or subdivision plat. GROWTH MANAGEMENT PLAN: This PUD qualifies for the Density Blending Conditions and Limitations for properties straddling the Urban Residential Fringe Subdistrict and Rural Fringe Mixed Use District Sending Lands in Section B.5.2 of the Density Rating System of the Future Land Use Element. In the event any lands in the sending land area are developed, prior to residential development in said areas the limitation of development rights agreement that affects that land shall be modified to reflect the density blending otherwise allowed by this RPUD. Willow Run RPUD PL20130000682 Page 3 of 19 Last Revised 0811312014 LP EXHIBIT B FOR WILLOW RUN RPUD DEVELOPMENT STANDARDS STANDARDS SINGLE TOWNHOUSE TWO FAMILY ZERO LOT MULTI- VARIABLE LOT FAMILY AND DUPLEX LINE FOR FAMILY LINE FOR DETACHED SINGLE SINGLE FAMILY FAMILY Minimum Lot Area 3,000 SF 1,350 SF 2,625 SF 3,000 SF N/A 3,000 SF Minimum Lot Width *3 40 feet 18 feet 35 feet 40 feet N/A 40 feet Minimum Lot Depth 75 feet 75 feet 75 feet 75 feet N/A 75 feet Minimum Front Yard Setback 20 feet *1,*2 20 feet *1,*2 20 feet *1,*2 20 feet *1,*2 20 feet *1,*2 20 feet *1,*2 Minimum Side Yard Setback 5 feet 0 or 5 feet 0 or 5 feet 0 feet *4 10 feet 0 - 10 feet *4 Minimum Rear Yard Setback Principal * 1 10 feet 10 feet 10 feet 10 feet 15 feet 10 feet Accessory *1 5 feet 5 feet 5 feet 5 feet 10 feet 5 feet Minimum Waterbody 0 feet from 0 feet from 0 feet from 0 feet from 0 feet from 0 feet from Setback LME/LMT or LME/LMT or LME/LMT or LME/LMT or LME/LMT or LME/LMT or BH BH BH BH BH BH Maximum Building Height Zoned 30 feet 45 feet 30 feet 30 feet 75 feet *5 30 feet Actual 35 feet 50 feet 35 feet 35 feet 85 feet *5 35 feet Minimum Distance Between Structures 10 feet 20'for 0/10 feet 10 feet 20'for 10 feet Principal Structures buildings 2 buildings 2 stories or less stories or less in height OR in height OR sum of the Y/ sum of the building building height for height for buildings 3 buildings 3 stories or stories or greaterin greaterin height *6 height *6 Floor Area Min. (S.F.) 1500 SF 1000 SF 1000 SF 1000 SF 750 SF 1000 SF Minimum PUD Boundary 15 feet 15 feet or % 15 feet 15 feet 20 feet or''/= 15 feet Setback the building the building height *6 height *6 Minimum Preserve Setback 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet ACCESSORY STRUCTURES Minimum Front Yard Setback 20 feet*2 20 feet*2 20 feet 20 feet 20 feet 20 feet Minimum Side Yard Setback 5 feet 5 feet SPS SPS 0 feet 0 feet Minimum PUD Boundary 15 feet 15 feet or % 15 feet 15 feet 15 feet or''/= 15 feet Setback the building the building height *6 height *6 Minimum Preserve Setback 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet Minimum Waterbody 0 feet from 0 feet from 0 feet from 0 feet from 0 feet from 0 feet from Setback LME/LMT or LME/LMT or LME/LMT or LME/LMT or LME/LMT or LME/LMT or BH BH BH BH BH BH Minimum Distance Between 10 feet 0/10 feet 0/10 feet 0/10 feet 0/10 feet 0/10 feet Structures Maximum Height Zoned SPS SPS SPS SPS 35 feet SPS Actual SPS SPS SPS SPS 40 feet SPS SPS — Same as Principal Willow Run RPUD PL20130000682 Page 4 of 19 Last Revised 0811312014 (2 LME — Lake Maintenance Easement LMT —Lake Maintenance Tract BH — Bulkhead Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be applied by the Growth Management Division during an application for a site development plan or plat. *1— Front yards shall be measured as follows: A. If the parcel is served by a public road right-of-way, setback is measured from the adjacent right-of-way line. B. 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). C. If the parcel has road frontage on two sides, setback is measured from the side with the shortest frontage with the other frontage designated as a side yard. Access shall be from road with full front yard setback. *2 — Front entry garages must be a minimum of 20', and a minimum of 23' from a sidewalk. The minimum 20' setback for a residence may be reduced to 15' for a side -loaded or rear entry garage. Porches, entry features and roofed courtyards may be reduced to 15'. *3 — Minimum lot width may be reduced by 20% for cul-de-sac lots and 50% for flag lots provided the minimum lot area requirement is maintained. *4 — Minimum separation between adjacent dwelling units, if detached, shall be 10'. *5—The building height shall be limited to a maximum zoned height of 50 feet and an actual height of 55 feet west of the FP&L Easement. *6—Setback is measured from zoned height. *7 - Landscape Buffer Easements and/or Lake Maintenance Easements shall be located within open space tracts or lake tracts and not be within a platted residential lot. Where a home site is adjacent to a Landscape Buffer Easement or Lake Maintenance Easement within open space tracts or lake tracts, the principal and accessory structure setback on the platted residential lot may be reduced to zero (0) feet where it abuts the easement/tract. Nothing in this RPUD shall diminish the riparian rights nor prohibit a property owner from use of buffer or lake maintenance easements/tracts for recreational purposes, including but not limited to docks, fishing, walking, etc., which are not inconsistent with the purpose of the tract/easement. Where a bulkhead is constructed, no intervening easement or maintenance tract shall be required by this RPUD. Note: Nothing in this RPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in Exhibit E, Deviations Willow Run RPUD PL20130000682 Page 5 of 19 Last Revised 0811312014 $ p Z z - ' g Z S� X Q W p WF- ag a Q06 p �ri W2 Q N I m N 1� QQ 5 Q� QW, W p O N F Q g Z w n x x j qF >F F z z O O u w W 3a w a �¢v as p Q w (D w z> > z �rj ap, w n ILL > LL w¢ wave ZO XV f D w 0. cr z p of Fz z a F p F pNO LL O Z V g d 'w Q za az N NO pOc QF� w J � m w SF - w a W wz N Z ga KF-p W 2 Q' � N W N Q, W Q ¢ N � Z Z OQ_ D N S mo Q'M Q X �S N ~i K O K O O a W O K U51 F p Oi V $ 97 t- U - 3 Sna Ti 55 y�w S.3 - - _ • N �y� 5 W Lu • • r • 'ts�mcz s r i y_ p i • . w • N ._I W • w _ _ . _ - -' _ z vim', ,ten ✓�'i u�i } 1:-z_li =� 1 2z I I I / I 9 W f..4i w. I =j � i ��. ° ow, 888$ at I i I I = Yw rR 8 -6 I I -.TU —_-___-- 170' WIDE FPL EASEMENT _ �—___ - �1 Iw Jul � z . YN 5 SWi, f z IM 1� w I < �� ----------- WE H. - ----------- --- -- COLLIER BOULEVARD a -- ------------------ z o z °c w u=_ co� ZONED: SAN MARINO RPUD USE: RESIDENTIAL NAPLES NATIONAL I I SAN MARINO GOLF CLUB INGRESS/EGRESS INGRESS/EGRESS II I I R ZONED: SAN MARINO RPUD - USE: RESIDENTIAL LL I I I 10 O I I CI M r —POTENTIAL m I INTERCONNECT R LAKE I°6 R W I II I U) IF— O BUFFER PER LDC W III o R U) II R IJ BUFFER PER LDC LL1 POTENTIAL R W INTERCONNECT I I I Z ZONED: AGRICULTURAL ( — — — _ — _ — ti'J` I USE: UNDEVELOPED p I = I I ICI I IQ I I ZONED: AGRICULTURAL m R R USE: RESTAURANT > LAKE I NAPLES CLUB I I ZI— ESTATES I I L CRAKLIN' JACKS I INGRESS/EGRESS I I INGRESS/EGRESS R i I _ I ZONED HACIENDA I I COUNTY PARK INGRESS/EGRESS i I LAKES DRI/MPUD USE: RESIDENTIAL I HACIENDA LAKES PROPOSED INGRESS/EGRESS i I 3 05/2014 PER COUNTY REVIEW 3 COMMENTS S.U. 2 12/2013 PER COUNTY REVIEW 2 COMMENTS S.U. 1 T09/7013 I PER COUNTY RFVIFW 1 COMMENTS I S.U. I Date I Description ® G ra dyM i n o r Grady Minur and 4xxDFidlrx, P, \. ;IlIlNI VID IMI Ncy Rumla $pCIDw Flulde 31131 Civil Engineers Land Surveyors Planners Landscape Architects arr DI ADIn. FA 0005151 art. DI Awn. LB Da06181 Buxl— I.0 26gI w Bumlu Spring.: 239.947.1144 vs w. l: raAFMl72nr.cnm Fort Myers: 239.690.4380 I I ZONED: HACIENDA LAKES DRI/MPUD USE: RESIDENTIAL I � . 1 II 1 iI I 0 300' 600' II 1 ' SCALE: 1" = 600' KEY MAP WILLOW RUN RPUD xDALE JOB 'CODE: EXHIBIT C DATE: WRZPUDZ — 201, MASTER PLAN 1 nm a & SHEET 2 OF 5' URBAN RURAL FRINGE RESIDENTIAL MIXED USE DISTRICT FRINGE BELLE MEADE NRPA N ZONED: FOREST GLENN OF NAPLES RPUD USE: RESIDENTIAL w w w w W W w W 0 3W 600, 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 SCALE: 1" = 600' Iw 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 ZONED: A (RFMUO) NRPA W w W w w w w w w SENDING .q w w w W W w w w W USE: RESIDENTIAL LL W W W w w W W W 0 wwwWwwwW W WwWwwWw ZONED:SAN W ` I MARINO w W W w W w w W HRPUD w W w w w w w W WI USE: w W W w .. w w W W _ W W w w w W w w RESIDENTIAL W W w w W W W w w U (PRESERVE) W w w w w W w w WW I w w w W W w w w w w W w W W w W WI^ I✓l I I w W w W W W w w w W W W W W W v W 1 W W w W w w W W W w W W W w W W ZI � 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 J 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 ZONED: A (RFMUO) w W w PRESERVE NRPA SENDING H W W w W 1 W W W 210 +!- ACRES w w USE: RESIDENTIAL ---- w w W w w W W w w G I I I w W W w W W W W w W w W w w w W W v I\ W w W W W W w W W , i IR WWwwwWWWWwwwWwwWW r \ w w w W R ( \ R w W w W — —I-- J�—r-----�/ — — — — WwWwWwwW W ZONED: HACIENDA LAKES W w w w W w W W W DRI/MPUD (RFMUO, NRPA w w W W w w w SENDING) i USE: RESIDENTIAL —. RR Wwwww W I II �) ` www.w.WwwwWwwwwww MATCH LINE - SEE SHEET 4 OF 4 w w w w qq anR W w w w w w W w �'_ _.. --: - -- _ -- ! ii ; Z�-..... - 3 3 ---- OS/?.014 --- ---- PER COUNtt REVIEW 3 COMMENTS S.U. 12/_20131_PER COUNTY REVIEW 2 COMMENTS S.U._ _ _2 _ 09/2013, PER COUNTY REVIEW 1 COMMENTS S.U. - KEY MAP Revision Date ---- i Description By WILLOW RUN RPUD scAEE: mGradyMinor 0many nuDDr nnA AYav alDH Fa 371r111 Vlu D:1 Rr, wEz>DDi nnlllte S,Ifinaln. FIor1Au :I I l;l I DATE: EXHIBIT C ` -4 -- Clvll Engincers band Surveyors Planners Landscape Arc.hilccls Wfl. F:tl IMNI �I51 1;111 WAIllb I.6M1915t 1"; 2MN,M12W MASTER PLAN 2 ME N"t --.--.—� nI;Wth. B,,.11. Nyring.: 239.917 1111 n D w. Urarl,. Jllnur, oom Fort My— 239.690.4380 SHEET 3 OF 5 � -- w v w R R y ✓ r w W W l' W W W W W W W ' MATCH LINE-- SEE SHEET W 3 OF 4; W W +1 W W W W W W W W W I I R W W W W W W W W W W W W W W W W W WyW Wy Wy WyW I I I - W I W W W �TI 1 V I \ R W W W W W II I W W y W W W R \ LAKE LAKE W W 0 300 600' I SCALE: 1" = 600' W W \ I - 1 R W y W W W W y W W W W I W W W W W W W W ' W W PRESERVE W W W 0: 210 +/- ACRES W W W W I LAKE W 2 I W W W W W W W W W W W y ZONED: HACIENDA U) I W W W W W W W W W LAKES DRI/MPUD I W W W W W (RFMUO, NRPA wiW I I ' W W i W W W W W W W y W W W W W W SENDING) W W W W W USE: RESIDENTIAL Z J 2 1 U� �I < ZONED: HACIENDA ZONED: HACIENDA LAKES LAKES DRI/MPUD DRI/MPUD USE: RESIDENTIAL USE: RESIDENTIAL 120' WIDE FUTURE BENFIELD ROAD CORRIDOR THROUGH I HACIENDA LAKES DRI 1 I II 1 URBAN RURAL FRINGE RESIDENTIAL MIXED USE DISTRICT FRINGE BELLE MEADE NRPA I IF IL I 4 37 2014 HEARING I S.U. 1 II i 3 g5/2014 PER COUNTY REVIEW 3 COMMENTS S.U. 2 12/2013 PER COUNTY REVIEW 2 COMMENTS S.U. 09/2013 PER COUNTY REVIEW 1 COMMENTS S.U. KEY MAP P—slon Dale Description By WILLOW RUN RPUD SCALE YYYY/YYYY ® GradyMinor 4..a�y M19uraa� H00viatra. p., BBIN7 Vlo ihkl N. V ME: RoBlta Sp,luw. Florida 31131 DAM EXHIBIT C Y4r. n1,c >vAue: Ch11 Engineers o L A Surveyors Planners Landscape A6 frrl. o(Aulh. FIB(%1115151 ferl, of Auth. LB 0005151 Baslneas LC 2600080DD286 MASTER PLAN 3 Bonita Sprlog.: 239.947,1144 w. l: raAr,N/rrnY.cnm Fort Myers: 239.690.4390 1 SHEET 4 OF 5 SITE DATA TOTAL SITE AREA: 559t AC PRESERVES: REQUIRED 149.19t AC URBAN RESIDENTIAL FRINGE 114.83t AC NATIVE VEGETATION X 25% = 28.71 t AC RFMU SENDING 133.87t AC NATIVE VEGETATION X 90% = 120.48t AC PROVIDED 21Ot AC URBAN RESIDENTIAL FRINGE = 76.13t AC RFMU SENDING = 133.87t AC nlnTl=c 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2. ALL ACREAGES, EXCEPT PRESERVE AREAS, ARE APPROXIMATE AND SUBJECT TO MODIFICATION AT THE TIME OF SDP OR PLAT APPROVAL IN ACCORDANCE WITH THE LDC. r y—%/I A T I r%r.1O SEE EXHIBIT E, LIST OF REQUESTED DEVIATIONS Rev sion I Date I Description I HY ® GradyMinor 0. Grady Allnur anti 1171 wea, p. ;IINMI Vla nut Pry 8uolw Spr9lga. F1urWa 3113 1 Civil Engineers Land Surveyors Planners Landscape Architects .rrt. of Ann, F80005151 CorL of A,W LB00f15151 Bu&—LC 20000266 Honiw Springa: 239.947.11-14 cnm Fort. Sly— 239.690.4380 WILLOW RUN RPUD EXHIBIT C MASTER PLAN 4 SHEET 5 OF 5 F EXHIBIT D FOR WILLOW RUN RPUD LEGAL DESCRIPTION A TRACT OF LAND LYING IN SECTIONS 11, 12, 13, AND 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE RUN SOUTH 00°45'13" WEST ALONG THE EAST LINE OF SAID SECTION 12, A DISTANCE OF 1,356.42 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12; THENCE LEAVING SAID EAST LINE, NORTH 87°47'32" EAST, A DISTANCE OF 1,318.80 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12; THENCE RUN ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 12, SOUTH 00°40'50" WEST, A DISTANCE OF 1,353.60 FEET; THENCE SOUTH 00°42'14" WEST, A DISTANCE OF 2,707.26 FEET TO A POINT ON THE NORTH LINE OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE IN AND THROUGH SAID SECTION 13, SOUTH 00°39'11" WEST, A DISTANCE OF 1,345.38 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13; THENCE LEAVING SAID CORNER, SOUTH 87°30'27" WEST, A DISTANCE OF 1,328.58 FEET TO THE EAST LINE OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE IN AND THROUGH SAID SECTION 14, SOUTH 87°28'53" WEST, A DISTANCE OF 1,336.40 FEET; THENCE NORTH 00°47'15" EAST, A DISTANCE OF 671.38 FEET; THENCE SOUTH 87°27'18" WEST, A DISTANCE OF 668.30 FEET; THENCE NORTH 00°47'46" EAST, A DISTANCE OF 671.09 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 11; THENCE ALONG SAID SOUTH LINE, SOUTH 87°25'49" WEST, A DISTANCE OF 2,004.66 FEET, (PASSING OVER THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 11 AT A DISTANCE OF 668.22 FEET) TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 11; THENCE LEAVING SAID SOUTH LINE OF SECTION 11, NORTH 00°50'07" EAST, A DISTANCE OF 1,371.71 FEET; THENCE SOUTH 87°38'49" WEST, A DISTANCE OF 1,235.72 FEET TO A POINT ON THE EAST RIGHT-OF- WAY LINE OF COLLIER BOULEVARD (COUNTY ROAD 951); THENCE RUN ALONG SAID EAST RIGHT-OF- WAY LINE, NORTH 00°50'49" EAST, A DISTANCE OF 344.10 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE, NORTH 87°42'04" EAST, A DISTANCE OF 1,235.58 FEET; THENCE NORTH 00°50'07" EAST, A DISTANCE OF 1,028.79 FEET; THENCE NORTH 87°51'50" EAST, A DISTANCE OF 2,670.28 FEET; THENCE NORTH 00°46'52" EAST, A DISTANCE OF 2,723.04 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 11; THENCE RUN ALONG SAID NORTH LINE OF SECTION 11, NORTH 88°17'54" EAST, A DISTANCE OF 1,333.91 FEET TO THE POINT OF BEGINNING. CONTAINING 559.05 ACRES, MORE OR LESS. Willow Run RPUD PL20130000682 Page 11 of 19 Last Revised 0811312014 EXHIBIT E FOR WILLOW RUN RPUD LIST OF REQUESTED DEVIATIONS 1. From LDC Section 6.06.02.A.2, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks which are internal to the development to be constructed on both sides of local streets, to allow sidewalks on one side of the street only for streets with homes on one side of the street. One canopy tree (or canopy tree equivalent) shall be provided per 30 linear feet of sidewalk. Canopy trees located within 10 feet of the sidewalk may count towards a sidewalk canopy tree. 2. From LDC Section 6.06.01.N, Street System Requirements and Appendix B, Typical Street Sections and Right -of -Way Design Standards, which establishes a 60 foot wide local road, to allow a minimum 40' wide local road (see Exhibit E-1). 3. From LDC Section 6.06.01.J, Street System Requirements, which limits cul-de-sacs to a maximum length of 1,000 feet, to permit cul-de-sacs to exceed 3,500 feet in length with placement of no through traffic signage and creation of one emergency vehicle turnaround approximately 1,500 feet from the beginning of the cul-de-sac. 4. From LDC Section 4.06.02, Buffer Requirements, which requires a fifteen foot type "B" landscape buffer between single family and multi -family residential uses, to allow no landscape buffer along the western residential tract adjacent to the FP&L easement area and a 10 foot wide type "B" buffer along the northern PUD boundary adjacent to the San Marino PUD. 5. From LDC Section 5.03.02.C, Fences and Walls, Excluding Sound Walls, which permits a maximum wall height of 6' in residential zoning districts, to allow a maximum wall height of 8' throughout the development, and a 12' tall wall, berm, or combination wall/berm along Collier Blvd frontage. 6. From LDC Section 5.04.04.B.5, Model Homes and Model Sales Centers, which permits a maximum of five (5) model homes, or a number corresponding to ten (10) percent of the total number of platted lots, whichever is less, per platted approved development prior to final plat approval. The requested deviation is to allow for a maximum of four (4) model homes per development tract, not to exceed 20 model homes within the overall RPUD. With each building permit for a model home, the applicant shall provide documentation as to the current number of model homes in existence. 7. From LDC Section 5.04.06.A.3.e, Temporary Signs, which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height, to allow a temporary sign or banner up to a maximum of 32 square feet in area and a maximum of 8 feet in height. The temporary sign or banner shall be limited to 28 days per calendar year. 8. From LDC Section 5.06.02.B.2, Development Standards for Signs within Residential Willow Run RPUD PL20130000682 Page 12 of 19 Last Revised 0811312014 Districts, which permits one (1) real estate sign per street frontage that is setback a minimum of 10' from any property line, to allow for a maximum of one (1) real estate sign per street frontage setback a minimum of 5' from the property line along CR 951 only. 9. From LDC Section 5.06.02.B.5, Development Standards for Signs within Residential Districts, which requires on -premise directional signs to be setback a minimum of 10' from internal property lines, to allow for on -premise direction signage to be setback a minimum of 5' from internal property lines. This deviation does not apply to property adjacent to Collier Blvd. 10. From LDC Section 5.06.02.B.6, Development Standards for Signs within Residential Districts, which permits two (2) ground signs per entrance to the development with a maximum height of 8' and total sign area of 64 s.f. per sign. The requested deviation is to allow for two (2) ground signs per project entrance with a maximum height of 10' and total sign area of 64 s.f. per sign face. 11. From LDC Section 4.02.04.1), Standards for Cluster Residential Design, which requires the zero lot line portion of the dwelling unit to be void of doors or windows where such wall is contiguous to an adjoining lot line to allow windows along portions of the principal building that is on the zero setback line. Willow Run RPUD PL20130000682 Page 13 of 19 Last Revised 0811312014 \ R 2 %§ \± j§ [ / — — z ) j\ E R /§ z 5g/ 3 % an d -\\ dma%m.« / �/) \ n -- -- //-i Ln o ag cli � \\ j�. \ G CN \ %E / - /| \ �! E! \ / & - - � �i $■ \ t )•: `) Of3\ �\ & 5 > , & . 7 /§/ � §! \ ± G / �( kZ < G ± # L /- / $ LLJ \ \ � \ \ . 7 \ \ _» +# \/ �k of-i , g\ = 2 3e _ w .. S j =f\ / ZLn u EXHIBIT F FOR WILLOW RUN RPUD LIST OF DEVELOPER COMMITMENTS 1. UTILITIES A. Prior to its last phase of development, the owner shall identify and provide an interconnection stub -out to either Hacienda Lakes or San Marino PUD for water distribution; plans shall be reviewed and approved by CCWSD at time of SDP or plat. This commitment can be terminated by CCWSD if its staff determines that interconnection at either property line is not possible. B. During the Plat approval process, CCWSD shall review and approve the utility design associated with any cul de sac serving in excess of 149 units. 2. TRANSPORTATION A. If warranted by the project's traffic counts the Developer shall be responsible for the proportional share of the cost of a traffic signal, or other traffic control device, sign, or pavement markings at the Collier Boulevard intersection Upon the completion of the installation, inspection, burn -in period, and final approval/acceptance of said traffic signal it shall be turned over (for ownership) to Collier County, and will then be operated and maintained by the Collier County Transportation Department. B. The County has identified various future potential road alignments for what is currently known as Benfield Road, some of which may cross over a portion of the RPUD near its eastern boundary. At the time of the RPUD adoption, the County has not selected the final alignment of said Benfield Road. The owner, developer, and their successors and assigns at the County's request, has agreed to work with the County in the future, should the final alignment as approved by the Board of County Commissioners and as permitted by the applicable reviewing agencies, encroach onto the lands of RPUD, with the following stipulations: 1. If the eventual alignment crosses over RPUD lands: (a) the alignment shall be no further than 150 feet from the eastern RPUD boundary, except that in the northernmost ±1,350 feet of the RPUD eastern boundary, the alignment may be 300 feet or less from the eastern RPUD boundary; and (b) in no event shall the alignment be any closer than 100 feet from any residential or lake tract. The alignment shall be consistent with the alignment of Benfield Road in the development south of the PUD, but shall immediately transition to the eastern 150 feet of the RPUD. Willow Run RPUD PL20130000682 Page 15 of 19 Last Revised 0811312014 2. Any portion of Benfield Road that traverses the RPUD lands shall be no more than 120 feet in ultimate right of way width, inclusive of storm water, other than as provided below. 3. The County shall at all times be responsible for all permitting for Benfield Road, including any modification of any project permits and easements, including, without limitation mitigation (e.g. wildlife protection, buffers, and any obligation imposed on the lands of the RPUD by virtue of the permitting of the Benfield Road) for the impacts of any such road and replacement mitigation that otherwise is in place within the RPUD that mitigates the impact of the project and/or the previous mining operation that occurred within the RPUD historically. The Owner, its successors or assigns shall not be responsible to obtain or modify any current or future permits or conservation easements on behalf of the County related to the planning, platting, replatting, dedication, construction or extension of Benfield Road. In no event shall Developer be obligated to plat any roadway or depict any reservation on any plat. 4. The owner or its successors and assigns shall convey the lands to the County by quit claim deed within 120 days of the County's written request to owner, or its successors and assigns, but no sooner than the permitting agencies' notices of intent to issue applicable federal and state permits. 5. The owner, or its successors and assigns, shall be paid the fair market value of the land at the time of the conveyance to the County, excluding damages. The Developer shall first become eligible for transportation impact fee credits based upon the agreed upon fair market value per acre in accordance with the consolidated impact fee Ordinance in effect at the time of recordation of the deed. If the project is built out or has prepaid transportation impact fees to be assessed for the project, then the developer or its successors or assigns shall be entitled to a cash reimbursement. 6. The County shall maintain at its sole expense any RPUD lands remaining to the east of the final alignment, if requested by the Owner, its successors or assigns within sixty (60) days of request, provided County is given a maintenance easement at no cost to the County. 7. The developer, its successors or assigns, shall provide to any potential resident a disclosure statement that the County has identified several potential alignments for Benfield Road which may impact the RPUD lands, and that any such road could be on the eastern edge of the property, once the appropriate permits and approvals are obtained by the County. This disclosure statement must be presented to the buyer prior to entering into any sales contract by Developer or builders which convey directly to potential residents. 8. Should Collier County ultimately abandon the proposed roadway extension, or the road alignment is determined not to be within the Willow Run RPUD, the County shall release the Developer from the Benfield Road obligations of this PUD and the Willow Run RPUD PL20130000682 Page 16 of 19 Last Revised 0811312014 C� requirement for the disclosure statement shall terminate, without the necessity of an amendment to this RPUD. 9. For any portion of Benfield Road that may be constructed within or adjacent to the Willow Run RPUD along the easterly boundary and within the north and south limits: a. Collier County may discharge treated stormwater into the Willow Run RPUD stormwater management system for attenuation. Prior to discharge outside the County owned ROW, the stormwater shall have received full water quality treatment in accordance with SFWMD requirements at the time of permitting and shall not compromise the proposed water quality and proposed water quality and/or recreational use of the lakes. Collier County shall be responsible for maintenance of water quality for stormwater resulting from the County roadway. Willow Run RPUD shall be held harmless if the PUD's stormwater management system experiences a water quality breach soley due to Benfield Road stormwater. The County shall be responsible for any remediation and related costs if the SFWMD deems the ROW is the sole cause of water quality issues. No other stormwater, treated or untreated, from off -site portions of the ROW outside the north and south limits of the RPUD boundary shall discharge into the Willow Run RPUD surface water management system. b. Lighting must comply with international Dark Skies standards. C. Potential vehicular interconnections have been shown on the conceptual PUD master plan in locations which may be appropriate for shared access to the intersecting driveway with Collier Boulevard. Shared access shall not be prohibited to any property that is immediately adjacent to the Collier Boulevard intersecting driveway and is willing to pay its prorated "fair" share of the entry roadway, bridge, Collier Boulevard improvements, landscaping, lighting, maintenance, taxes and utilities or future signalization, as computed on a prorated share -by number of PM Peak Hour trips connected to the driveway. Such shared access shall be granted via executed shared access easement agreement to such adjacent property within 90 days of receipt of payment of said prorated "fair" share expenses to the Willow Run RPUD developer or successor. Willow Run RPUD PL20130000682 Page 17 of 19 Last Revised 0811312014 3. ENVIRONMENTAL A. Vegetation shall be retained in accordance with the criteria established in the Conservation and Coastal Management Element of the GMP and Section 3.05 of the LDC. Total Preserve Required 149.19± AC Urban Residential Fringe 114.83± AC Native Vegetation X 25% = 28.71± AC RFMU Sending 133.87± AC Native Vegetation X 90% = 120.48± AC Total Preserve Provided 210± AC Urban Residential Fringe = 76.13± AC RFMU Sending = 133.87± AC B. For wildlife protection, roads located within the Rural Fringe Mixed Use District will have a very low speed limit (e.g., 15 mph) and tortoise caution signs will be installed. Prospective buyers of properties adjacent to the Preserve will be provided with written information about the Preserve's protected wildlife and management practices which may have direct effects on their property including: • gopher tortoises may expand their foraging or burrowing habitat to include yards. • periodic prescribed burns will result in smoke in the vicinity. • wildlife co -existence plan Project home owner's association documents will contain similar disclosures in accordance with project permits. C. If County permits are obtained for new residential and/or private roads adjacent to the preserve's tortoise -occupied habitat, then tortoise -appropriate fencing or tortoise - appropriate barriers will be installed by Developer, or its successors and assigns, between the tortoise preserves or where tortoises exist and the private road and/or development in that location prior to construction of the new residential development and/or private roads. 4. PLANNING A. A maximum of 590 dwelling units shall be permitted in the PUD. B. No buffer shall be required if the right-of-way reservation as shown on the Master Plan as an east/west road is constructed as an east/west road along the southern PUD boundary as shown on the Master Plan. The developer is not obligated to construct the east/west road along the southern PUD boundary. Willow Run RPUD PL20130000682 Page 18 of 19 Last Revised 0811312014 C 5. WATER MANAGEMENT The water management system shall be designed to route existing off -site surface water flows through or around the project. These conveyance facilities shall be sized such that post construction water levels are lower than or equal to existing water levels on the surrounding lands. These improvements shall be made prior to the issuance of the first residential certificate of occupancy. 6. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is The Willow Run Land Trust, C/O Joseph D. Bonness, III as Trustee, 1910 Seward Avenue, Naples, FL 34109. 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. Willow Run RPUD PL20130000682 Page 19 of 19 Last Revised 0811312014 FLORIDA DEPARTMENT Of STATE RICK SCOTT Governor September 29, 2014 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ann Jennejohn, Deputy Clerk Dear Mr. Brock: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 14-35, which was filed in this office on September 29, 2014. Sincerely, Ernest L. Reddick Program Administrator ERL/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us SAN MARINO ORDINANCE NO. 15- 3 0 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2000-10, THE SAN MARINO PLANNED UNIT DEVELOPMENT, BY INCREASING THE MAXIMUM DWELLING UNITS FROM 352 TO - - - ; BY REMOVING THE GOLF COURSE USES; BY ESTABLISHING TWO DEVELOPMENT PARCELS AS PARCEL A AND PARCEL B; BY ADDING PERMITTED USES FOR PARCEL B; BY ADDING DEVELOPMENT STANDARDS FOR PARCEL B; BY ADDING DEVIATIONS; BY REVISING THE MASTER PLAN; BY REVISING DEVELOPER COMMITMENTS FOR THE PUD LOCATED ON THE EAST SIDE OF CR 951 APPROXIMATELY 1.5 MILES SOUTH OF DAVIS BOULEVARD IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA CONSISTING OF 235f ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PETITION PUDA- PL201400001001 WHEREAS, Alex Crespo, AICP of Waldrop Engineering and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, PA representing Stock Development and H & LD Venture, LLC, petitioned the Board of County Commissioners to amend the PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendments to the PUD Document, Exhibit A of Ordinance No. 2000- 10. The San Marino PUD Document, Exhibit A of Ordinance No. 2000-10, is hereby amended and replaced with Exhibit A attached hereto and incorporated herein by reference. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 2015-A becomes effective. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this _ 1,��` _ day of _ 2015. [ 14-CPS-0 1347/1172984/1172 1 of 2 San Marino PUD\PUDA-PL20140000100 Rev. 4/20/ 15 ED ATTEST: DWIGI=)OCK, CLERK 00 De p Q lerk ;; Y ; Ai , •tb chairman's ".5 att nth f y, S f' Approved as to form and legality: r D(-,7 Heidi Ashton-Cicko Managing Assistant County Attorney, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Attachment: Exhibit A — San Marino PUD Document [ I4-CPS-01347/1172984/1 ] 72 2 of 2 San Marino PUD\PUDA-PL20140000100 Rev. 4/20/ 15 TIM NANCE, Chairman This ordinance filed with the Secretary of State's Offi e the JY—kday of _w, and acknowledgement of that filing received tl^+s �jday Of 8 Jry Clerk SAN MARI N O RESIDENTIAL A -PLANNED UNIT DEVELOPMENT PREPARED FOR: dAMES D. VOGEL H & LD VENTURE, LLC I A1ni nFFmlrES 3936 TAMIAMI TDAII INIORTu11145 TAMIAMI TRAIL. EAST swiTE B NAPLES, FLU 43 113 PREPARED BY: ain°PTO-WALDROP ENGINEERING; P.A. 3959 NORTH HORSESHOE DRIVE, 28100 BONITA GRANDE DR., SUITE 305 ":°P'�i 3404�BONITA SPRINGS,_ FL 34135 RICHARD D. YOVANOVICH COLEMAN, YOVANOVICH & KOESTER, P.A_ 4001 TAMIAMI TRAIL NORTH, SUITE 300 NAPLES, FL 34103 FAII To 0 M _.. - - _■■ - - s ■ -IN■ - R ► ■ PUDA-PL-2014-0100 c&#(e thFou&4 text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 Page 1 of 33 0 1�1=*4: Kf7; K*Ie]11,k&A ft&I TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION 11 PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAL/GOLF COURSE AREAS PLAN SECTION IV PRESERVE AREAS PLAN SECTION V DEVELOPMENT COMMITMENTS SECTION VI DEVIATIONS FROM THE LDC PUDA-PL-2014-0100 Y*-e-th.. ug4 text is deleted San Mann❑ RPUD Underline text is added Last Revised: April 17, 2015 PAGE W51 43 44 26 610 913 1--3 20 4422 27 Page 2 of 33 LIST OF EXHIBITS EXHIBIT A PUD MASTER PLAN PER CCPC RESOLUTION 01-27 EXHIBIT B PARCEL B PU❑ MASTER PLAN EXHIBIT C LEGAL DESCRIPTION PUDA-PL-2014-0100 SWke thtough text is deleted San Marino RPUD Underfin text is added Last Revised: April 17, 2015 Page 3 of 33 STATEMENT OF COMPLIANCE The development of approximately 235.3+J- acres of property in Collier County, as a Residential Planned Unit Development to be known as the San Marino RPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential use and golf course facilities of the San Marino RPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within the Urban DesignAtbgon,.Mixed Use District Urban Residential Fringe Subdistrict Mixed Use n«triGt Land Use Designation as identified on the Future Land Use Map. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 5. The project development will result in an efficient and economical allocation of community facilities and services as required in Objective 2 PoliGies 34.H and 3 ' 1 of the Future Land Use Element. 6. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub -Element of the Public Facilities Element. 7. The 3&2 650 residential units on 235.3 acres will yield a projected density of 1.496 2.76 dwelling units per acre, which is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Base Density 1.5 dwelling units/acre Project Acreage 235.3 acres Maximum Permitted Base Density 1.5 dwelling units/acre Maximum Permitted Base Unit Count 352 dwelling units Bonus (TDR) Densit 1.52 dwellin units/acre Parcel B Acrea a 196.4 acres _Maximum Permitted Bonus (TDR)* Density 1.52 dwellin units/acre Maximum Permitted Bonus (TDR)* Unit Count 298 dwellina units PUDA-PL-2014-0100 Stf*e_through text is deleted San Marino RPUD f,�7i decline text is added Last Revised: Aprif 17, 2015 Page 4 of 33 Rt Total RPUD Acreage 235.3 acres Total RPUD Unit Count 650 dwellina units Total RPUD Density 2.76 dwelling unitstacre Parcel A Acreaae 39 acres Parcel A Unit Count 350 dwellina units Parcel A Density 8.97 dwellina units/acre Parcel B Acreaae 196._4 acres Parcel B Unit Count_ _ 300 dwellina units Parcel B Density 1.52 dwellina unitslacre * TDR = Transfer of D v to m n Ri h 8. All final local development orders for this project are subject to—Diyisie-A 2.1 Section 6.42.aD, Adequate Public Facilities, of the Collier County Land Development Code. PUDA-PL-2014-0100 Strike thmugh text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 Page 5 of 33 a PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of San Marino RPUD. 1.2 LEGAL DESCRIPTION The subject property being 235.3+1- acres, and located in Section 11, Township 50 South, and Range 26 East, and is fully described on Exhibit 'W". 1.3 PROPERTY OWNERSHIP The subject property is owned by: Property I D#: 00410760008 UirhARI A_ TeFesa u,,.,+nr Aventine of Naples, LLC 960 Meadow I arkAve-. 1427 Clarkview Road Suite 500 Miami SpFings F!eF'dp- 2-216&-Baltimore, MD 21209 ■ a a ■ Property ID #: 00410640005 Andrew [ call inn Tri -tee-H & L❑ Ventura_ LLC PUDA-PL-2014-0100 Sk*e_through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 Page 6 of 33 GP 4173 Domestin ❑gurus 11145 Tamiami Trail E. Naples, Florida34104 34113 Property 1D #: 00410840009 Clyde C. QUiRb , T-Fustee H & LID Venture, LLC 3785 A*FpoFt PUlIIRg Read I oFth11145 Tamiami Trail E. Naples, Florida5 34113 Property ID#: 00410880001 Glyde G. Quinh.. r-Fustee H & L❑ Venture,_LLC 3785 Airport Pull' oI NaFt, 11145 Tamiami Trail E. Naples, Florida�34113 Property ID#: 00411240006 Clyde C. QUiRby, TFustE2 H & LID Venture, LLB 11145 Tamiami Trail E. Naples, Florida5 34113 Property ID#: 00411320007 .AR&P-., I Sallpan Trustee H & L❑ Venture, LLC 4173 Domes+in YRA ,P 11145 Tamiami Trail E. Naples, Florida 24104 34113 Property ID#: 00411440000 AnclFe . I. Saluan, T ru H & L❑ Venture, LLC 4173 %sp— uc 11145 Tamiami Trail E. Naples, Florida 24104 34113 T1:it1I:WiTO7,WENUM 0 rarar.7 •I !!A 9 WO M1111 2 a a. Property ID#: 00410960002 Cr+ank, f H & LD Venture, LLC 17620 AtIantin Be„Io.,11145 Tamiami {Trail E. Miamm, Room a 331_60 Naples, Florida _7 3 Property ID#: 00411200004 T. Maloney H & L❑ Venture. L� P-.9. R-�-83 -2- 1145 Tamiami Trail E. PUDA-PL-2014-0100 Strike th,eugh text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 Page 7 of 33 i�A Naples, ■ d. The subiQcA I INN' 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the east side of County Road 951 approximately one and one-half (1.5) miles south of the intersection of Davis Boulevard (State Road 84) and County Road 951, unincorporated Collier County, Florida. B. The entire project site currently has Agfic - t-Zoning with a Sperm Treatment (ST) Overlay and is nrepesed to be rezoned +n Planned Unit Development (PUD) �LLVf1lJV LV Zoning. 1.5 PHYSICAL DESCRIPTION Generally the undeveloped site vegetation consists of pine and pine1gy2.ress forest with varvina dearees of exotic coverage.{flatw cods.The -Ga -}3 xatiG vegetation. State jurisdictional wetlands are located within the site boundaries. Listed I� species including buftrfly orchid FnC Clia tampon i nd hand fern hio lossum palmatum� haVe RGt been were observed on the property. The project site is located within the County Road 951/Henderson Creek Canal Drainage Basin. Stormwater runoff from the site historically sheet flows south and west to the existing County Road 951/Henderson Creek Canal, which runs parallel to County Road 951 on the east side of the road. Once storm water enters the canal, it is routed to the south ultimately discharging into Rookery Bay. Elevations within the project range from lows of 9.9 National Geodetic Vertical Datum (NGVD) within man-made drainage ditches to 12.5 NGVD in the spoil pile created by the construction of the County Road 951/Henderson Creek Canal. Natural grades range from 9.9 Ft NGVD to 11.5 Ft NGVD. The entire site is located within Flood Zone X" with no base flood elevation designated. PUDA-PL-2014-0100 Strkq through text is deleted San Marino RPU❑ Underline text is added Last Revised: April 17, 2015 Page 8 of 33 According to the Collier County Soil Legend, dated January, 1996, there are four (4) types of soils found within the limits of the property, Chobee, limestone substratum and Dania Mucks depressional Hallandale fine sand Pinede fine sand, limestone substratum Boca fine sand 1.6 PROJECT DESCRIPTION The San Marino RPUD is comprised of two (2) separate development parcels delineated on the PUD Master Plan as Parcels "A" and "B". Parcel "A" is it ■ - . - - WE IN r - This ordinance shall be known and cited as the "San Marino Residential Planned Unit Development Ordinance". PUDA-PL-2014-0100 Str4 e thrr ugh text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 Page 9 of 33 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. A. Regulations for development of the San Marino RPUD shall be in accordance with the contents of this document, RPUD Residential Planned Unit Development and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, the provisions of the most similar district in the Land Development Code Shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the San Marino RPUD shall become part of the regulations, which govern the manner in which the RPUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this RPUD remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3. 45 Section 6.42, Adequate Public Facilities of the Collier County Land Development Code. This review will occur at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat and Construction Plan approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF THE PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 3-52 650 dwelling units shall be constructed in the residential areas of the project area. The gross project area is 235.3 acres. The gross project density shall be a PUDA-PL-2014-0100 text is deleted C�` San Marino RPUD Undeffin text is added Last Revised: April 17, 2015 Page 10 of 33 maximum of 1. 4 96 1.5 units per acre of base density (352 dwelling units). and 1.52 units per acre [298 dwelling units] via TDRs. The 1.52 units per acre via TD-Rs_i 1i cable to Parcel B ❑nl. i►]Cl:��='~��l�:t�alx�r,�_1►1_l,,:t�7�1�►�:»�1�11:»►►1�►1r)�� A. The general configuration of the land uses is illustrated graphically on Exhibit "A" PUD Master Plan and Exhibit B, which oonstot tee the req aired PUD DeyelepFRIBR P4&ri. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 2 0 Section 10.02.04 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. B. The provisions of D;Osi� Section 10.02.03, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Dr. isien 3.3 10.02.03 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of the proposed infrastructure improvements. These instruments will provide for appropriate infrastructure dedications and the methodology for providing perpetual maintenance of common facilities. 2.6 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section :2 6 22 4 5.04.04 of the Collier County Land Development Code, except where a deviation is permitted in-aection IV of this PUD Document. B. Temporary sales trailers and construction trailers can be placed on the RPUD site after Subdivision Plan or Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2A�334 5.04.03 of the Land Development Code. - A. , whereby off site Femoval shall be limited te 0 of the total velume exoav but not to GulbiG yard -sr-. PUMA-PL-2014-0100 Strike-thmugh text is deleted San Marino RPUD QbJe me text is added Last Revised: April 17, 2015 Page 11 of 33 l �4l 2.97 OFF-STREET PARKING AND LOADING REQUIREMENTS As required by rZiV 6i0n 2.3 Section 4.05.04 of the Land Development Code in effect at the time of building permit application. 2.98 OPEN SPACE REQUIREMENTS A minimum of sixty percent (60%) open space, as described in Section 26.32 4.07.02 of the Land Development Code. 2.4-99 LANDSCAPING AND BUFFERING REQUIREMENTS that require I�s�ning for the RP D perimeter hiif?�rc Innn-ted within Gense4aja aR required Areas a y be re'OiGat8ld WithiP 9theF aFeas ef the Conservation Areas, with approval of the County LandSiGape AFGhitecst- at the time of the S it, DevelopmeAt Plan approv Where preserves are used to satisfy buffer requirements, they may be suppIgmQnted with native vegetation where existing native vegetation in the preserve does not ❑rovide adequate buffers. If landscape buffers are determined to be necessary adjacent to conservation areas, they shall be separate from conservation areas. 2.4-40 ARCHITECTURAL STANDARDS All buildings, signage, landscaping, and visible architectural infrastructure shall be architecturally and aesthetically unified within each Pgrrcel. Said unified architectural theme shall includes a similar architectural design and use of similar materials and light colors throughout all of the buildings, signs, and fences/walls to be erected on the entire subject parcel, except for decorative trim. Landscaping and streetscape materials shall also be similar in design throughout the subject site. An architectural plan shall be submitted concurrent with the first application for the Site Development Plan approval demonstrating compliance with these standards. Parc_e_ls "A" and "B" are not required to be architecturally and aesthetically nifie A. 2.121 SIGN STANDARDS Signs shall be permitted as allowed within Divisian 2.5 Section 5.06.02 of the Collier County Land Development Code except wh re a deviation is permitted in Section IV of this PUD Document. PUMA-PL-2014-0100 Stokethroughtext is deleted San Marino RPUD Undeflitext is added Last Revised: April 17, 2015 Page 12 of 33 SECTION III RESIDENTIAL/GOLF COURSE AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Residential/Golf Course Areas as shown on Exhibit "A", PUD Master Plan and Exhibit "B" Parcel B P ❑ Masler PI n. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 4Q 650 units. Amaximum of 350 dwelling units are permitted within Parcel "A", and a maximum of 300 dwelline_unts are permitted within Parcel "B". 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. PARCEL A Permitted Principal Uses and Structures: 1. Multi -family dwellings. 2. Golf courses. 3. Community centers/clubhouses. 4. Any other principal uses deemed comparable in nature by the Development Sages DiFerter Board of Zoning Appeals or__Hearina Examiner pursuant to the process outlined in the Land Development Code B. PARCEL A Permitted Accessory Uses and Structures: 1. Customary accessory residential uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, children's playground areas, tot lots, walking paths, picnic areas, recreation buildings, health club/spa, and basketball/shuffle board courts. 3. Managers' residences and offices, rental facilities, and model units. 4. Water management facilities and related structures. 5. Essential services, including interim and permanent utility and maintenance facilities. 5. Gatehouse. PUMA-PL-2014-0100 CKka MF' 96 "gh text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 Page 13 of 33 7. Clubhouse, pro -shop, offices, cart storage facility, practice putting greens, driving ranges and other customary accessory uses of golf courses. 8. Child-care facilities for on -site residents and their children. 9. Small commercial establishments including gift shops, golf equipment sales, restaurants, cocktail lounges and similar uses, intended to exclusively serve patrons of the golf course or other permitted recreational facilities. 10. Any other accessory use deemed compatible by the Develapment SeFyloes nlirarAe Board of Zoning Acpeal_s or Hearing Examiner 12ursuant to the process outlined in Land Development Lf DCl. C. PARCEL B Permitted -Residential Principal Uses and StcruaurmiL. 1. Single family detached dwelling units 2. Sina_le family zero lot line units 3. Two-family,lex dwellin units 4. Any other principal and related u e that is determined to be ggMparable to the fQreaoing by the Board f Zoning Appeals or Hearing Examiner Mrsuant to the 12LQcess outlined in the Land Development (LOCI D. PARCEL B Permitted Residential Accessou Uses and StruQtumai 1. Customary uses and structures including gara es 2. Swimming- I spas, screen enclosures, sheds/structures 3 similar in nature. Open sl2ace uses and structures _such as, but not limited to boardwalks nature trails, bikeways, aazebos, boat and canoe docks fir2hingie 4. picnic areas. fitness trails and _sh ! rs. Model _homes--mWaL home sales center nd sales trailm- includinct offices for prQiect administration, ruction sales and 6. _marketing, as well as resale and rental of tots_ Any other accessory se -and related use that is determined to b comparable to the for-egoing by the-B-Q-ard of Zoning A pursuantthe process outlined in the Land Develgj2—ment Code L E. PARCEL B Permitted General Uses and Structures 1. Community recreation, clubhouse, indoor and outdoor fitness facilities, pool. spa dining facilities, sport courts, picnic areas, community administration. maintenance bu' dinus. recreational _amenities_ and other similaruses designed for use by all residents and guests shall be permitted throughout the e PU❑ all designed to serve the residents and their ci PUDA-PL-2014-0100 St;*9_through text is deleted San Marino RPU❑ Undgrfin text is added Last Revised: April 17, 2015 Page 14 of 33 col Development Standards: Residential Tract Setback: 20' Front Yard Setback: 15' Side Yard : 1 except where adjacent to preserve Rear Yard k: 1 except where adiacent to resew Waterbody Setback: 0' from Lake Maintenance Easement r bulkhead P Q D Bounda ry Setback: 10 ' for any recreational b u ild 'n *NQ setback is required a n t the FPL ease Maximum height for Clubhouses Z n�50' e - - Actual: 65' Maximum height for other structures: Zoned: 45' Actual: 55' 2. Community structures h as guardhouses. gatphouses, fences, walls R columns deQgmlive architectural features, streetscape, passivQ 12arks, and access control structures shall have no required setback_, except as listed below, and are permitted thr u hout the D- however such structures shall be located such that they do not cause vehicular stacking into the road ri h - f-w create site distance issues for motorists nd edestrian . Maximum heiciht for Guard houses/G houses: Zoned: 30' Actual: 35' Setbacks- PUD_ Boundary: 15', except fences, walls. and arch ite I features shall have no setback. except that _which -is adequate to provide landscaghg on the exterior side of the wall, if re 3.4 DEVELOPMENT STANDARDS A. Parcel A Minimum Yards: Front yard setbacks shall be measured from the adjacent right-of-way line if the parcel is served by a public or private right-of- way, from the edge of the pavement if the parcel is served by a non -platted drive, or from the road easement or property line if the parcel is served by a platted private drive. Principal Structures: PUUA-PL-2014-0100 Str &-}n.o "� text is deleted San Marino RPUD Underline text is added Last Revised. April 17, 2015 Page 15 of 33 G (a) Yards along County Road 951 Canal Right -of -Way —Seventy-five (75) feet for one (1) and two (2) story structures and one hundred fifty (150) feet for three (3) story structures: (b) Yards from all other perimeter PUD boundaries —One half (112) the height of the structure but not less than twenty-five (25) feet. (c) Yards from back of curb or edge of vehicular pavement — Fifteen (15) feet. (d) Yards from the Preserve Area —Twenty-five (25) feet. (e) Yards from the lake- Twenty (20) feet (measured from the control elevation for the lake). 2. Accessory Structures: (a) Carports and garages are permitted within parking areas. (b) Yards from the perimeter PUD boundaries- One half (112) the height of the structure but not less than fifteen (15) feet. (c) Yards from any principal structures — Ten (10) feet, except for swimming pools and screen enclosures which have none. B. Parcel A Distance Between Principal Structures: Between one (1) story and one (1) story structures - One half (112) the sum of their heights but not less than ten (10) feet. 2. Between one (1) story and two (2) story structures - One half (112) the sum of their heights but not less than fifteen (15) feet. 3. Between one (1) story and three (3) story structures- One half (112) the sum of their heights but not less than twenty (20) feet. 4. Between two (2) story and two (2) story structures- One half (112) the sum of their heights but not less than twenty (20) feet. 5. Between two (2) story and three (3) story structures- One half (112) the sum of their heights but not less than twenty-five (25) feet. 6. Between three (3) story and three (3) story structures — One half (112) the sum of their heights but not less than thirty (30) feet. C. Parcel A - Minimum Floor Area: 1. One -bedroom residential units — Six hundred (600) square feet. 2. Two -bedroom residential units — Eight hundred (800) square feet. 3. Three -bedroom or larger residential units — One thousand (1000) square feet. PUDA-PL-2014-0100 Stoke-thFough text is deleted San Marino RPUD Underfin text is added Last Revised: April 17, 2015 Page 16 of 33 G�` D. parce� - Maximum Height: For principal structures forty (40) feet or three (3) stories, whichever is the most restrictive. E. Parcel 6 — Development Standards .►■.�■ ■ ill i� ► it T11 IWOTAI►I Bill a Ill 11 .11 ■ � - 111 111 11 11 1 ■ a ■M 1 l ■- . - ■. . i -- 1 ■ Ill ►' ■ ■. - • It-. It _�� + i■ ■- !� WE_ 1 ML, ;F_ ■ ■ MMA :_ a -- -- 11 � AA .11 ■ -1 - :-�� --1 1 - 1 1 -- 1 1 -- I1-� ll .! ■- �I ■ -a PUDA-PL-2014-0100 text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 Page 17 of 33 u E. Parcel B Minimum Project Requirements & Design Standards Development in Parcel B must provide the following: 1. Resort -style swimming pool 2. Clubhouse with fitness center 3. Tennis court or bocce ball court 4. Gated entry 5. Cement ❑r slate tile roof or approved equivalent 6. Concrete pavers at project entrance/exit. P U DA-PL-2014-0100 ct4ke-thmugh text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 Page 19 of 33 F� G M =101 I If] 211 VA PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A", RPU❑ Master Plan. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. PARCEL A Permitted PFieeipa4 Uses and Structures 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves. and wildlife ..nd,lifesanctuaFies. 5. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, may be approved after Planning Services Environmental Staff review. All supplemental plantings within the Preserve Areas shall be 100% indigenous native species and may meet the minimum planting criteria set forth in Section 3.9.5.5.4 of the Land Development Code. 5. Any other use deemed comparable in nature by the Develepment corv'r,e . DiFeGteF Board of Z nin A eels or Hearing Examiner pursuan to ther cess outlined in the Land Development Code B. PARCEL B Permitted Uses and Structures 1. Passive recreational areas. 2. ikin hikin and net r rails and boardwalks. 3. Water management structures. 4. Native preserves. 5. Shelters wilt walls, educational kiosks and vi win latforms. 6. Benches l Educational sianaae and bulletin boards located on or immediately adjacent o thepathway- PUDA-PL-2014-0100 St;*e thmugh text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 Page 20 of 33. L �V 8. Any other use deemQdcomparable in nature by the Board of Z i Appeals or Hearing Examiner purauant to the process outlined in thg Land Develol2ment C de LDC . PUDA-PL-2014-0100 cf.;ze through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 Page 21 of 33 f•'��L�il�lC�1►l►J DEVELOPMENT COMMITMENTS �E The purpose of this section is to set forth the commitments for the development of the San Marino Cab RPUD. 0.=Aa� IA,9A- I mid' ■ ■ ■ r ■_i ■ e S ■- - ■ . - EMS ■ ■ ■ . - Ii 5.32 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan approved per Ordinance 2000-10 and CC -PC Resolution 01-27 illustrates the posed existing development in Parcel A. afld w^rrv^e' tual In nature. Exhibit "B" Parcel B Master Plan illustrates the proposed development in Parcel B and is conceptual in nature. Proposed area, lot or land use boundaries of special land use boundaries shall not be construed to be final and minor changes may be made at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Se . Section 10.02.13 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. PUDA-PL-2014-0100 Str414e-through text is deleted San Marino RPUD Underfin text is added Last Revised: April 17, 2015 Page 22 of 33 ,ii ■ i■ 15 r ■ ■ ■ i�ar - W-m 3.1 mim. ■19 Mr. - • �. 111- ■ Pip ■_ One entity (hereinafter the Managing Entity) shall bg responsible for P D m nitorin until lose -out of the PUD and this entity -shall also be responsible for satiat in all PUD commitments until close-out of the_P_UD. At the time of this ❑ amendment approv I dated 2014, the Manaaina Entity is E_& L❑ Venture LLC. Should the Managing Entity desire to transfer the monitoringand commitments t 5 ccess r entity,then it must provide a legally binding documcmt that needs to aggroved for legal sufficienQy by thepunt Attar After such a r v I th Managing Entity will be released of its obligations upon written approval f the transfer by County staff, he successor entity hall become the M in Entity.As r and Developer sell off tracts, the Managing Entity shall pr vide written notice_to County that includes an acknowledgement ofthe commitments required by the PUDby the new owner and the new owner's aareement to comply with the Commitments hro h the Managing Entity, u h M na in Entity shag nQj be relieved of -its responsibility n r this Section. When the _PUD is closed-out,closed-out, then the Managing Entity is n i n4er responsible forthe-monitoring and fulfillment f PU❑ commit n . ■ _r=. - ■ - ■ _ ■ I�: ter: - ■- ■_ _ _ .. 5.74 UTILITIES PUDA-PL-2014-0100 Str ke thmugh text is deleted San Marino RPUD untext is added Last Revised: April 17, 2015 Page 23 of 33 v ■ - - _-s 01. ZTET A. Prior to its last phase of develol2ment, the Owner shali identify and provide an interconnection or stub -out to Willow Run PUD for water distribution: plans shall be reviewed and approved by CCWS❑ at time of SDP or PPL This commitm n can be terminated by CCWSD if its staff�cetermines that interconnection �t this I cation is not possible or warranted- 5.85 TRAFFIC A. The applicant shall install arterial level street lighting at the project entrances, prior to the granting of any Certificates of Occupancy for the project. B. The applicant shall provide, if required by Collier County Transportation Services, both a northbound right turn lane and a southbound left turn lane at the project entrances, which shall be constructed during the construction of the project's access driveways onto County Road 951. G. The proeG{°� Dresses elate bated and d signed in aGrOrdanvn with the Gelber ('nim+i■ ❑rsacc RAanaryamon4 Plan. . D-.L+. Future ariiac shall be e&tab} A potential PUDA-PL-2014-0100 Clol. 9h text is deleted San Marino RPUD UDVerline text is added Last Revised. April 17, 2015 Page 24 of 33 vehicular interconnection to the aciriculturally zoned 12rope[lyto the north may be provided if a mutual agreement is reached with h wners to address coordinated design, and responsibility.r permitting,construction and maintenance costs and other applicable access considerations,including an ride and turn lane improvements. At the time of subdivision 12lat for the first phase of development, the developer must provide staff with documentation of their efforts to establish the interconnection in the form of a certified letter to the adjacent property owner. D. The development shall be limited to a maximum of 493 Two-way unadjusted PM Peak Hour trig E. The Owner, i c i n rees to provide prol2gr i n to fair share payment to Collier County for a traffic signal and anpurtenanQes at any proie�2 entrance, when and if warranted. F. New driveway nn i for the development of Parcel B must align with existina directional median opening, approximately 800'+ south of the NortheLu property line. 5.96 PLANNING A. if during the course of site clearing, excavation or other construction activity a historic, or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. B. TDR credits shall be utilizedin accordance with there uirements of LDC Section 2.03.07.D.4.-q, excel2t for the specific requirements affected by Section V! LDC Deviation No. 1. C. A maximum of 650 dwelling units are permuted in the RPUD, of which 352 units are derived from the allowable base density and 298 units are derived from TDR credits. All residential density above the base density shall be derived from TDR credits severed and transferred from RFMUD Sending Lands consistent with h provisions of the Collier r wth Management Plan. D. Commencing with submittal of the first develQpment order that utilizes TDR credits, a TDR calculation sheet shall _ be submitted documenting that the developer has acquired all TDR credits needed for that portion of the development. The calculation sheet tracks the chronological assianment of TDR credits with respect to all subsequent_ development orders until the maximum density allowed by the utilization of TDR credi s has been reached (all credits all residential develol2ment reach a zero I nce . PUDA-PL-2014-0100 SO*@ through text is deleted San Marino RPUD Underlin text is added Last Revised: April 17, 2015 Page 25 of 33 0 5.-97 ENVIRONMENTAL 00 �l .�• .l _a li!li 1\R _ Me i"i _ _ _ _ _Bic _ - / - ■ _ ■ _ 7 - _ ■ ■ -RM- - S ■ - ziw • ■ ■ &A. A minimum of twenty-five (25) percent of the existing viable naturally functioning native vegetation on -site shall be retained —,as -required Code. The minimum required ive vQaetation for the P D is 57.71 ames. PUDA-PL-2014-0100 k*,e-thrG gh text is deleted San Marina RPUD Unded r� text is added Last Revised: April 17, 2015 Page 26 of 33 G 1. Deviation 1 from LDC Section 2.03-07D.4.a.which requires TDR credits redeemed at a rate proportional to gercealnpof the P D approved n i that is derived through TDR credits and TDR Bonus credits,to all f r use of the PUD's base d n i ci r to the redemption of TDR credits. 1- ..- .. . '-L3Tili►� Deviation (2) from LDC Section 6.06-02.A.2 Sidewalks, Bike Lane and Pathwa Requirements, which requires sid!awalks which are internal to the development to b constructed on both side local streets,to all '-wide sidewalk on one side f the street only for streets with h m n one side h street and I w a 6'-wid sidewalk on one side of the main entcyroad. Cne- canopy tree n tree equivalent shall be provided 12er 3Q linear feet of sidewalk. Canopy tMes located wi hin 10 feet of the sidewalk may count towards a sidewalk can tree 3. Deviation (3] from LDC Section 6.06.01.N, Street System Requirements and App n i B Typical treet Sections and Ri h -of-Wa ❑ sign Standards,which establish 0 foot wide local road to allow a minimum 40 foot wide local road. 4. Deviation (4) from LDC Section 5.03.02. C. Fences and Walls, which permits a maximum wall height of 6 feet in residential zoning districts, The requested deviation is to allow a maximum wall height of 8 feet thr__u hout theve lopment, a nd a 1 2-foot tall wall, berm or combination wallfb rm alona Collier Blvd. 5. Deviation (5) from LDC Section 5.04.04.B.5, Model Homes and Model_Sal_es Centera. which permits a maximum of five (5) model homes, or a numberc_orres_ponding ten 1percent f the total number of platted lots, whichever is less per Itted approved development prior to final plat-apDroval. The requested deviation is to allow for a maximum of six (6) model homes_per development tract, not to exceed 17 model homes hin the overall RPUD. As 1)art of the applicationmaterial for ev building ermit for a model home, he developer shall r ocumen t tin how manv model homes are in existence so thatthe maximum of 17 model _ homes is Deviation (6) seek relief from DC Se do 4. 6.A.3.e which allows tempora signs on residentially zooQd pro erti to 4 s u r f et in area r 3 feet The requested deviati n is to allow a temporary sin or banner up to a maximum of 32 sguare feet in area and a maximum of 8 feet in height The temporary sign or banner shall be limited to 28 days per calendar year. 7. Deviation 7 seeks relief from LDC Section5.06.02.B.6,which permits two 2 round sians per entrance to the development with maximum heiaht Qf 8' and total si n area of 64 s f. The requested devia ion is to allow for two (2) around signs per proiect entrance with a maximum height of 10' and total sign area of 80 s.f. per siren PUDA-PL-2014-0100 Stf*e thFa O text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 Page 27 of 33 8. Deviation (81 seeks relief from LDCion 4.06. 2.0 Buffer R uirements hi h requires a fifteen foot 15' Type "B" landscal2e buffer where single-family residential adjacentuses are- i2roposed multi -family residential s to allow a ten foo1' Type "B" buffer where proposed single-family dwellin s in the n Marino RPUD adjacent to multi -family dwellings in the Willow Run RPUD along the southern and eastern 12ropedy lines and where r ed single-family dw llin s are adiasontt multi -family dwellings in Aventine Nal2les to the south PUDA-PL-2014-0100 StOw thrGugh text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 Page 28 of 33 EXHIBIT A PU❑ MASTER PLAN PER CCP_C RESOLUTION Q1�Z i d t i � � - w IS- nJr .Fm fsaav n!! r■■{ I tr ��1 rw A +` t to y �y 10 #` O j # OmmYI"A r--mom— [XV119fT 'A' PUDA-PL-2014-0100 Sf *9 ff ,-augh text is deleted San Marino RPUD Underline text is added Last Revised April 17, 2015 Page 29 of 33 EXHIBIT B PARCEL B PUD MASTER PLAN ray fN } W N a o 801 mmF'rniY �9 y�y° g� m ��9 «r a �y F �ppG to S C -0 m- �Z 2 n io z T a c-, m r a ll . R [lose yy p m p am r - v � fAn 5�� ❑m o ; m n �r1 A❑ 5 M A�q 5 o m �j YY r�r m r v � a W FF M m fl C W1Yt4 PER CO 24 CpAIIETJTB REY�BED PER mQNTYCDIAMENTS RgWl�REVISED REVISED PER GWNTY COM14ENTa REVIBED PER CDUN7iCOWffNT3 REVISEDPERCOUNTYCDkQjEKTB r rn C 7S C 00 as 2 C g P�D>' C oco�c cp 11 K'1-�T- n� Rio mom.. DOWER BLw 1 cR W1 1 T Tr 7 C -L� N � C z P w Fn i"e jj v SAN MARM n ENGINEERING EERING � 1„ CLIENT. H & LD VENTURE, L.L.C. PAR='B" PUP MAMTR PLAN `•••••••• EXHIBU B EXHIBIT C PUDA-PL-2014-0100 St4kq through text is deleted San Marino RPUD n rlin text is added Last Revised April 17, 2015 Page 30 of 33 a DESCRIPTION AS SUPPLIED BY THE CLIENT kD-43 THE NORTHEAST 114 OF THE NORTHWEST 114 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. g8- THE NORTHWEST 114 OF THE NORTHEAST 114 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA. 9D- THE SOUTHWEST 114 OF THE NORTHEAST 114 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. g�THE SOUTHEAST 114 OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (D-5) THE NORTH 112 OF THE NORTH 112 OF THE SOUTHWEST 114 OF THE NORTHWEST 114 OF SECTION 11, TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LESS THE WEST 100 FEET FOR ROAD RIGHT-OF-WAY. 48-63 THE SOUTH 112 OF THE NORTH 112 OF THE SOUTHWEST 114 OF THE NORTHWEST 114 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LESS THE WEST 100 FEET FOR ROAD RIGHT-OF-WAY. kD-7-3 THE NORTH 112 OF SOUTH 112 OF SOUTHWEST 114 OF NORTHWEST 114 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LESS THE WEST 100 FEET FOR ROAD RIGHT- OF-WAY. R-63 THE NORTH 112 OF THE SOUTH 112 OF THE SOUTH 112 OF THE SOUTHWEST 114 OF THE NORTHWEST 114 OF SECTION 11, COLLIER COUNTY, FLORIDA. SUBJECT TO: THE RIGHT OF WAY TO SR 951 AND TO A FLORIDA POWER AND LIGHT COMPANY EASEMENTS. (ID-93 THE SOUTH 112 OF THE SOUTH 112 OF THE SOUTH 112 OF THE SOUTHWEST 114 PUDA-PL-2014-0100 Strike thFebqh text is deleted San Marino RPUD Underline text is added Last Revised: APO 17, 2015 Page 31 of 33 c OF THE NORTHWEST 114 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO: THE RIGHT OF WAY EASEMENT TO SR 951 AND TO A FLORIDA POWER AND LIGHT COMPANY EASEMENTS. (D 10) THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 114 OF THE SOUTHWEST 114 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: LESS AND EXCEPT THE WEST 100 FEET FOR C.R. 951 RIGHT-OF-WAY. (D-11) THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 114 OF THE SOUTHWEST 114 OF SECTION 11, TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLLIER COUNTY FLORIDA. LESS THE WEST 100 FEET. (D 12) THE NORTH 112 OF THE SOUTH 112 OF THE NORTHWEST 114 OF THE SOUTHWEST 114 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LESS AND EXCEPT THE WEST 100 FEET FOR C.R. 951 RIGHT-OF-WAY. (D-13) THE NORTHWEST 1/4 OF THE NORTHEAST 114 OF THE NORTHWEST 114 OF THE NORTHEAST 114 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA. (D-14) THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 114 OF THE NORTHWEST 114 OF THE NORTHEAST 114 LESS THE WEST 30 FEET AND THE NORTH 112 OF THE SOUTHWEST 114 OF THE SOUTHEAST 114 OF THE NORTHWEST 114 OF THE NORTHEAST 114 LESS THE EAST 30 FEET, BEING PART OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA. NOTES BEARINGS ARE BASED ON THE WEST LINE OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AS BEING N00*48*E. WHICH IS NORTH AMERICAN DATUM OF 1983, 1990 ADJUSTMENT, STATE PLANE PUDA-PL-2014-0100 St *e thrGug text is deleted San Marino RPUD Und re line text is added Last Revised: April 17, 2015 Page 32 of 33 C_ COORDINATE SYSTEM FOR THE FLORIDA EAST ZONE. PARCEL CONTAINS 10.250,859 SQUARE FEET OR 235.33 ACRES, MORE OR LESS. PUDA-PL-2014-0100 St4ke through text is deleted San Marino RPUD Underlin text is added Last Revised: April 17, 2015 Page 33 of 33 L kP'_. RICK SCOTT Governor May 15, 2015 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Teresa L. Cannon, BMR Senior Clerk Dear Mr. Brock: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 15-30, which was filed in this office on May 15, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street ■ Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.statedl.us COLLIER COUNTY Growth Management Department Zoning Division Comprehensive Planning Section May 13, 2016 SD San Marino, LLC 2639 Professional Cir # 101 Naples, FL 34119 RE: Project #PL20160001063 TDR - Transfer of Development Rights Redemption Application Dear Applicant: Please be advised staff has approved the redemption of 75.85 TDR credits associated with Certificates 0104BTX, 0104ETX, and 0104RTX for the San Marino Caymas Ph 1 project. Redemption of these Certificates, leaves a net balance of -0-. Attached is a copy of the "redeemed" Certificates for your files. Should you have any questions, please contact me at (239)-252-2387 or email marciakendall@colliergov.net. Cordially, Marcia P, Xendaff Marcia Kendall, Senior Planner Zoning Division/Comprehensive Planning Section Enclosure cc: Michael Bosi, AICP, Director, Zoning Division Transfer of Development Rights Redemption (TDRR) PL20160001063 Redemption Approval Letter Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 COLLIER COUNTY Growth Management Department Zoning Division Comprehensive Planning Section January 31, 2017 GEORGE P. BAUER 206 DUDLEY ROAD Wilton, CT 06897 RE: Petition TDR PL20170000282 Transfer of Development Rights Redemption Application Dear Applicant: The County has reviewed the captioned application and has approved the redemption of TDR Certificate 0107B for 24TDR base credits, for development of 60 dwelling units within the Lido Isles PPL project PL20160001693. Copy of the redeemed Certificate is being sent to you as an attachment to this letter. The original "redeemed" certificate remains in the file TDRR-PL20170000282. Should you have any questions or comments, please do not hesitate to contact me at 239-252-2387, or e-mail: marciakendall@colliergov.net. Cordially, Marcia R. Kendall Senior Planner, Comprehensive Planning Section/Zoning Division Cc: Michael Bosi, AICP, Zoning Services Director PL20170000282 TDR Redemption Approval Letter File Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 =�L�Y`Co�ri- y Certificate No. 0107BX AR No. 12761 Date Redeemed: January 31, 2017 Owner: Lido Isles - PPL COLLIER COUNTY TDR CREDIT CERTIFICATE This Transfer of Development Rights (TDR) Credit Certificate is issued pursuant to Section 2.03.07 of the Collier County Land Development Code and the Future Land Use Element of the Collier County Growth Management Plan. This document certifies that residential development rights have been severed from that property within a Sending Area of the Rural Fringe Mixed Use District that is subject to the TDR Conservation Easement recorded in the official records of Collier County, Florida OR: 4340 PG: 0612 resulting in 34.98 TDR Credit(s), and 8 TDR Bonus Credits on thi i types of credits are referred to as TDR Credits, below). Each of these rem 24.00 Credits(s) may be conveyed or may be utilized as provided for in the Collier County Land Development Code, individually, as a gJ Credits certified through other TDR Credit Certificates. This ak maximum of fifty (50) TDR Credits. These TDR Credits are h for purpose of identification and tracking: nin��c no+zurr ****************** ****************** ****************** ****************** 1 ► MIMI p8 of th TDR may certify a numbers ****************** ****************** ****************** NAM R Ce as no intrinsic value and is not a negotiable instrument by the bearer. It f TDR(s corded and tracked in the TDR Registry database of Collier County. 01/31/2017 Michael Bosi, ing Division Director Date State of: Florida County of: Collier The foregoing instrument was acknowledged before me this 31st day of January 2017 Day Month Year By: Michael Bosi who is personally known to me (or who has Name of person acknowledging * MY COMMISSION i GG 014984 e EXPIRES: August 3, 2020 [TDR Credit Suffix Legend: BT=base severance Transfer, E=early entry bonus, R=restoration and maintenance bonus, C=conveyance bonus, BX = Redeemed] FORM TDR 3 1/30/2017 Processed Co er Cow n ty Certificate No. 0104BTX Project # PL20150002444 `° ''1 Date Re -issued: October 29, 2015 Owner: SD San Marino, LLC c/o Brian K. Stock REDEEM ED COLLIER COUNTY TDR CREDIT CERTIFICATE This Transfer of Development Rights (TDR) Credit Certificate is issued pursuant to Section 2.03.07 of the Collier County Land Development Code and the Future Land Use Element of the Collier County Growth Management Plan. This document certifies that residential development rights have been severed from that property within a Sending Area of the Rural Fringe Mixed Use District that is subject to the TDR Conservation Easement recorded in the official records of Collier County, Florida OR: 4321 PG: 2636 resulting in 31.95 Base TDR Credit(s), and 9 TDR Bonus Credits on this certificate. (Both types of credits are referred to as TDR Credits, below). Each of these 31.95 TDR Credits(s) may be conveyed or may be utilized as provided for in Sections 2.03.07 and 2.03.08 of the Collier County Land Development Code, individually, as a group, or in combination with TDR Credits certified through other TDR Credit Certificates. This TDR Credit Certificate may certify a maximum of fifty (50) TDR Credits. These TDR Credits are hereby assigned the following numbers for purpose of identification and tracking: o11ie1^/ 100ffT- P II�rV�iT. rV VL l ****************** f11(anc innRTv' �� , nin44 11DB 'v ****************** n1n� Ono 01042014OBTv ****************** *********#**##**** OW42LLU _ ****************** Notice: This TDR Certificate has no intrinsic value and is not a negotiable instrument by the bearer. It is a notation of TDR(s) recorded and tracked in the TDR Registry database of Collier County. Michael Bosi, Director/Zoning Division Date State of Florida County of Collier The forgoing instrument was acknowledged before me this )04 day of 4vps w 2 Day Month Year By: Michael Bosi who is personally known to me (or who Name -of per -son acknowledging r° ,T! `% Type of Identification MY COMMISSION # EE 185905 * * EXPIRES; August 3, 2016 xl*�,,,,vBonded Thor Budget Notary Services Notary Public Stamp Signature of Notary Public (TDR Credit Suffix Legend: B=base severance, E=early entry bonus, R=restoration and maintenance bonus, C=conveyance bonus. T=Transfer Certificate] FORM TDR 3 10/29/2015 CO eY CO'N.H�y Certificate No. 0104ET X Project # PL20150002444 Date Re -Issued: October 23, 2015 Owner: SD San Marino, LLC c/o Brian K. Stock COLLIER COUNTY TDR CREDIT CERTIFICATE `Q This Transfer of Development Rights (TDR) Credit Certificate is issued pursuant to Section 2.03.07 of the Collier County Land Development Code and the Future Land Use Element of the Collier County Growth Management Plan. This document certifies that residential development rights have been severed from that property within a Sending Area of the Rural Fringe Mixed Use District that is subject to the TDR Conservation Easement recorded in the official records of Collier County, Florida OR: 4321 PG: 2636 resulting in A TDR Base Credit(s), and 31.95 TDR Bonus Credits on this certificate. (Both types of credits are referred to as TDR Credits, below). Each of these remaining, after transfer 11.95 TDR Credits(s) may be conveyed or may be utilized as provided for in Sections 2.03.07 and 2.03.08 of the Collier County Land Development Code, individually, as a group, or in combination with TDR Credits certified through other TDR Credit Certificates. This TDR Credit Certificate may certify a maximum of fifty (50) TDR Credits. These TDR Credits are hereby assigned the following numbers for purpose of identification and tracking: ninnni i00ET- ninnin inner ,nin42:7 409FTii ****#*****#******* 01 0402 nnE r ni nn i c i nnE r ****************** 010403 i00ET ninnies inner _90 ****************** ninnnn i00ET1 ninnies i0_0ET ****************** ninnnc innET 010418 i00ET 010406 100ET ninnin inn_rr ** *************** 010407.10019T 010420 inner **************** * ****************** ****************>* ***><***x********** 010409 100E r ****************** ****************** ni nn 1 n i 00E r ********** ******* ****************** 0 10411. inner *********** ****** ****************** 010412.100-1 Notice: This TDR Certificate has no intrinsic value and is not a negotiable instrument by the bearer. It is a notation of TDR(s) recorded and tracked in the TDR Registry database of Collier County. Michael Bosi, Director Zoning Division Date State of Florida County of Collier The foregoing instrument was acknowledged before me this tW.3 'r° day of 4_;A0iS Day Month Year By W dL .6091, who is personally known to me (9F who has Name of person acknowledging ""^"`"n "L ^r-^U^LL Type of Identification * MY COMMISSION # EE 185905 EXPIRES: August 3, 2016 Banded Ttn Budget Notary Sobs Notary Public Stamp Signature of Notary Public [TDR Credit Suffix Legend: B=base severance, E=early entry bonus, R=restoration and maintenance bonus, C=conveyance bonus, T= Transfer Certificate) FORM TDR 3 10/23/2015 Certificate No. 0104RTr)( Project # PL20150002444 Date Issued: October 23, 2015 Owner: SD San Marino, LLC c/o Brian K. Stock COLLIER COUNTY TDR CREDIT CERTIFICATE 40 This Transfer of Development Rights (TDR) Credit Certificate is issued pursuant to Section 2.03.07 of the Collier County Land Development Code and the Future Land Use Element of the Collier County Growth Management Plan. This document certifies that residential development rights have been severed from that property within a Sending Area of the Rural Fringe Mixed Use District that is subject to the TDR Limitation of Development Rights recorded in the official records of Collier County, Florida OR: 4321. PG: 2646, resulting in -0- TDR Base Credit(s), and 31.95 TDR Bonus Credits on this certificate. (Both types of credits are referred to as TDR Credits, below). Each of these 31.95 TDR Credits(s) may be conveyed or may be utilized as provided for in Sections 2.03.07 and 2.03.08 of the Collier County Land Development Code, individually, as a group, or in combination with TDR Credits certified through other TDR Credit Certificates. This TDR Credit Certificate may certify a maximum of fifty (50) TDR Credits. These TDR Credits are hereby assigned the following numbers for purpose of identification and tracking: -01-6 1042 ****************** 0T04044-0 .A4L 1DAR 6�64@S-iBART -4W434-.4-9 ****************** D104Ob 10( T ART +A433-2 095R-T- ****************** A1040q .00RT-X-- __ -41-8 '1 T ****************** ****************** -1D9RR4* ****************** ****************** ****************** ****************** 0 ****************** 0 Notice: This TDR Certificate has no intrinsic value and is not a negotiable instrument by the bearer. It is a notation of TDR(s) recorded and tracked in the TDR Registry database of Collier County. Michael Bosi, Zoning Division Date State of Florida County of Collier The foregoing instrument was acknowledged before me this ,23':U4- day of eC7 6elL„ , a/.'S'— Day Month Year By who is personally known to me (erwbe has Name of person acknowledging Wedaeed: t"RY•P�B MARCIAR.KENDALL Type of Identification * * MY COMMISSION # EE 185905 EXPIRES: August 3, 2016 �f�TsoF F`0�\o� Bonded Thm Budget Notary Wees � -f! y Notary Public Stamp Signature of Notary P blic [TDR Credit Suffix Legend: B=base severance, E=early entry bonus, R=restoration and maintenance bonus, C=conveyance bonus. T=Transfer Certificate] FORM TDR 3 3/19/2013 COLLIER COUNTY Growth Management Department Zoning Division Comprehensive Planning Section May 13, 2016 SD San Marino, LLC 2639 Professional Cir # 101 Naples, FL 34119 RE: Project #PL20160001063 TDR - Transfer of Development Rights Redemption Application Dear Applicant: Please be advised staff has approved the redemption of 75.85 TDR credits associated with Certificates 0104BTX, 0104ETX, and 0104RTX for the San Marino Caymas Ph 1 project. Redemption of these Certificates, leaves a net balance of -0-. Attached is a copy of the "redeemed" Certificates for your files. Should you have any questions, please contact me at (239)-252-2387 or email marciakendall@colliergov.net. Cordially, Marcia P, Xendaff Marcia Kendall, Senior Planner Zoning Division/Comprehensive Planning Section Enclosure cc: Michael Bosi, AICP, Director, Zoning Division Transfer of Development Rights Redemption (TDRR) PL20160001063 Redemption Approval Letter Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400