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Backup Documents 10/25/2022 Item #17C17 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: (Display Ad: The advertisement must be a Y. page (3x10) advertisement. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear.) Originating Dept/Div: GMD/Zoning Person: Nancy Gundlach, Principal Planner Date: September 23, 2022 Petition No. (If none, give a brief description): PL20210001766 Petitioner: (Name & Address): Fred Drovdlic, AICP 1514 Broadway Suite 201 Fort Myers, FL 33901 Name & Address of any person(s) to be notified by the Clerk's office: (if more space is needed, attach separate sheet) Hearing before: X BCC BZA Other Requested Hearing date: Collier County Board of County Commissioners (BCC) at 9:00 A.M., October 25, 2022 (Based on advertisement appearing 20 days before hearing.) Newspaper(s) to be used: (Complete only if important): xxx Naples Daily News Account #323534 Other Purchase Order No. 4500212968 Proposed text: (include legal description & common locations & size): Legal Section Companion petition(s), if any & proposed hearing date: Legally Required Non -Legal Section Does Petition Fee include advertising cost? x Yes No. If yes, what account should be charged for advertising costs: 131-138326-649100-00000 Reviewed By: Date: Division Administrator or Designee List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to the County Manager. Note: if legal documents are involved, be sure that any necessary legal review, or request for same, is submitted to the County Attorney before submitting to the County Manager. The County Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original B. Other hearings: initiating Division head to approve and submit original to Clerk's Office, retaining a copy file. FOR CLERK'S OFFICE Date Received Date of Public Hearing ID/9-5 Date Advertised 17 C NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on October 25, 2022, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, 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.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 823.6t 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 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. JPL202100017661 (insert map) 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 specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they 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. 17 C 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 OF THE CIRCUIT COURT & COMPTROLLER By: /s/ Deputy Clerk (SEAL) 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 823.6t 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 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. [PL202100017661 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 RPUD. [21-CPS-02178/1739736/11 8/22/2022 page 1 of 2 San Marino RPUD PUDA-PI.202I0001766 17 C G-13 17C 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 , 2022. ATTEST: CRYSTAL K. KINZEL, CLERK Deputy Clerk Approved as to form and legality: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: William L. McDaniel, Jr., Chairman Derek D. Perry Assistant County Attorney Attachment: Exhibit A — San Marino RPUD Document [21-CPS-02178/1739736/11 8/22/2022 Page 2 of 2 San Marino RPUD PUDA-PL20210001766 CNo 17 C SAN MARI N O RESIDENTIAL PLANNED UNIT DEVELOPMENT PREPARED FOR: 1-M Vv v - � . - ter, - �11A� TA�AIAMI TRAIL CAST SD SAN MARINO. LLC 2639 PROFESSIONAL CIR #101 NAPLES, FL 34113 34119 PREPARED BY: 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 2914 0190 PI 20210001766text is deleted San Marino RPUD Underline text is added Last Revised: pf 0-'1-5 August 18. 2022 Page 1 of 42 �Q G 17 TABLE OF CONTENTS PAGE TABLE OF CONTENTS 2 LIST OF EXHIBITS 3 STATEMENT OF COMPLIANCE 4 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 6 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 11 SECTION III RESIDENTIAL GO F GO RSE AREAS PLAN 14 SECTION IV PRESERVE AREAS PLAN 23 SECTION V DEVELOPMENT COMMITMENTS 25 SECTION VI DEVIATIONS FROM THE LDC 32 of inn Pl 2014 0100 PL20210001N& StFike thFeWgl4 text is deleted San Marino RPUD Underline text is added Last Revised: ApFil 17, 2016 August 18 2022 Page 2 of 42 C,�,Q 17 C LIST OF EXHIBITS EXHIBIT &A P RGEL B PUD MASTER PLAN EXHIBIT GB LEGAL DESCRIPTION of inn of 2014 0100 PL 20210001766 Stfike-thFekg#text is deleted San Marino RPUD Underline text is added Page 3 of 42 Last Revised: "^4 August 18. 2022 C'N 17 C w STATEMENT OF COMPLIANCE The development of approximately 24&0823.6+/- 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 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 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 650 1.321 residential units on :235-3 823.6 acres will yield a projected density of 24-6 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 parcels and existing PUDs being incorporated into the San Marino RPUD via PL20210001766: ,rawng of inn of 204 n 0100 PL 20210001 ZN S`" text is deleted San Marino RPUD Underline text is added Last Revised: ^^'i' '�-'2915 August 18,?022 Page 4 of 42 ��Q 17 C ._,51 - W.- my:■■ ■- N. ■_ Nov. •. 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. of inn of 2014 0100 PL202100017EE StFike thFOU0 text is deleted San Marino RPUD Underline text is added Last Revised: ApFil 4 7, 2916 August 18 2022 Page 5 of 42 �Q SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE 17 C 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 2$ .fi+/- acres, and located in oeGtien 11, TewRship 60 South, and Ra age 2�sSections 11 12 13 and 14. Township 50 South, Rance 26 East Collier County, Florida, and is fully described on Exhibit "C". 1.3 PROPERTY OWNERSHIP The subject property is owned by: ■ ■ of inn of 2014 0100 PI 20210001766 mike thFe text is deleted San Marino RPUD Underline text is added Last Revised: PO �, 201 August 18, 2= Page 6 of 42 GH0 1 of inn of 2014 0100 PI 20210001766 mike thFe text is deleted San Marino RPUD Underline text is added Last Revised: PO �, 201 August 18, 2= Page 6 of 42 GH0 1 17 C 15, ■ c: ► . 1 : i • 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 I D : 00411240006 Street# & Name: Build# / Unit#: 016 / Parcel ID: 00411320007 Street# & Name: Build# / Unit#: 018 / SD SAN MARINO LLC MGR• STOCK. BRIAN K 2639 PROFESSIONAL CIR #101 NAPLES. FL 34119 of inn of 2044 0400 PL 20210001 M StFike thFeUgl4 text is deleted San Marino RPUD Underlinetext is added Last Revised: ApFil 4 7, 2016 August 11 2022 Page 7 of 42 C, c: ► . 1 : i • 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 I D : 00411240006 Street# & Name: Build# / Unit#: 016 / Parcel ID: 00411320007 Street# & Name: Build# / Unit#: 018 / SD SAN MARINO LLC MGR• STOCK. BRIAN K 2639 PROFESSIONAL CIR #101 NAPLES. FL 34119 of inn of 2044 0400 PL 20210001 M StFike thFeUgl4 text is deleted San Marino RPUD Underlinetext is added Last Revised: ApFil 4 7, 2016 August 11 2022 Page 7 of 42 C, ,7 C Parcel ID: 00411440000 Street# & Name: Build# / Unit#: 022 / Parcel ID: 00411640004 Street# & Name: Build# / Unit#: 027 / ""S: � ►-11" �� Ili ►� i 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 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#: ADVENIRO-AVENTINE LLC 17501 BISCAYNE BLVD STE 300 SD SAN MARINO LLC MGR: STOCK, BRIAN K 2639 PROFESSIONAL CIR #101 NAPLES, FL 34119 Rf inn of 2014 0190 PL20210001766 StFike thFeugI4 text is deleted San Marino RPUD Underline text is added Last Revised: ApFil 47, 2015 August 18,2022 Page 8 of 42 �Q G 17 C Former Lido Isles RPUD Pig Ownersbig Parcel ID: 00411520001 Street# & Name: 9198 COLLIER BLVD HARTLEY LAND, LLC 7742 ALICO RD FORT MYERS, FL 33912 Build# / Unit#: 024 / Parcel ID: 00411000000 Street# & Name: Build# / Unit#: 010 / Parcel ID: 00411720005 Street# & Name: Build# / Unit#: 030 / Former Cracklin' Jacks Parcel Owner Parcel ID: 00411040002 Street# & Name: 9080 COLLIER BLVD Build# / Unit#: 011 / HARTLEY LAND. LLC 7742 ALICO RD FORT MYERS. FL 33912 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 endproject site currently has Residential Planned Unit Development (SPUD) Zoning (San Marino RPUD per Ordinance No. 2015-30, Willow Run RPUD Der 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- 1.5 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. PUPA of 2014 0100 PL2021000170 StFike thF9 text is deleted San Marino RPUD Underline text is added Last Revised: "^~i' 17, 2016 August 18, 2022 Page 9 of 42 Q 17 C 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 two (2) separate development parcels delineated on the PUD Master Plan as Parcels "A"s apA-"B" and "C". Parcel "A" is approximately 39 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 196AZa .7 acres and will develop as a residential community with a maximum of 3GQ971 dwelling units. 1.7 SHORT TITLE This ordinance shall be known and cited as the "San Marino Residential Planned Unit Development Ordinance". of inn of 2014 0100 PL 7021000176E mike-thF9 text is deleted San Marino RPUD Underline text is added Last Revised: ^ fi ' 04 5 August 18, 2022 Page 10 of 42 C, 17 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 6501. 221 dwelling units shall may be constructed in the residential areas ^f the pFeje .t aFea designated on the PUD Master Plan. nr^i^nt area is 236.3 '1 ri�R units), and- 5-2 ''Rite+ ^or�328 dwelliRg URit6) via Trio- Th^LAC PUPA of 2014 0400 PL20210001766 S hrt; text is deleted San Marino RPUD Underline text is added Last Revised: AP,�.i1 '„-r;, 2015 August 18, 2022 Page 11 of 42 Q 17 The residential portion of Parcel A is assigned 350 base dwelling units and the combined residential portion of Parcels--B and C are assianed 643 base dwelling units Parcels B and C shall also be entitled to n additional aggregate 328 dwelling units through the acauisition 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 (SDPI and/or plat for the redemption of TDR Credits needed for the Droiect. 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-Q. 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 StFike thFeugh text is deleted San Marino RPUD Underline text is added Last Revised: pFil ',,,�—r;, 2016 August 18. 2022 Page 12 of 42 C�'Q 17 e 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. 110 -WIN - NO ■- - - - 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 StFik�,,, a `-thF9 text is deleted San Marino RPUD Underline text is added Last Revised: ^^~° 9r�rn 17, 2015 Au9 ul 18, 2022 Page 13 of 42 ��Q 17e SECTION III RESIDENTIA 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 ^^�'�„�Exhobo "B"e PaFGel B DI D 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 000971 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. of inn of 2014 0100 PL20210001766 Stfike thFeHgll text is deleted San Marino RPUD Underline text is added Last Revised: "^Fi' ',�„r,?2015 A.uaust 18, 2022 Page 14 of 42 ��Q 17C 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 Qe, R+.ial 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 includina offices for project administration, construction, sales and marketing as well as resale and rental of units. 7. Communjty centers/clubhouses and recreational uses and facilities including swimming pools, tennis courts, pickleball courts, bocce ball courts, volleyball courts. children's Dlayaround 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 exclusively. Pi inn of 2014 0109 PL20210001766 StFike-*;;fir text is deleted San Marino RPUD Underline text is added Last Revised: A^FO'�, 17,, 2moo August 18, 2022 Page 15 of 42 �-Q 17 e 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 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 Resi aTAccessory Uses and Structures: 1. Customary accessory uses and structures including garages. 2. Swimming pools, spas, screen enclosures, sheds/structures similar in nature. I 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. 4. Recreational uses and facilities including swimming pools tennis courts volleyball courts, children's playaround 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). GGFRIMURity > , , of inn of 2014 0100 PL20210001ZEE StFike-t#reugl:� text is deleted San Marino RPUD Underline text is added Last Revised: ' A^FinP,,.'7,'�6August 18, 2022 Page 16 of42 �Q 17C Maximum height fer ether GtFU tUFe6: %en�vnca.4v nff= w Mm MUMM= "M I EM 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 9190 PL20210001766 Stfike-th text is deleted San Marino RPUD Underline text is added Last Revised: "^fi' '�;, 2016 August 18 2022 Page 17 of 42 Q 17 C 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 (1/2) 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. R inn of 2044 0100 PI20210001ZEE StFike thFGUghtext is deleted San Marino RPUD Underline text is added Last Revised: APNI 17, 2016 August 18, 2022 Page 18 of 42 ��Q 17 C 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 �o of inn of 204 n 0100 PL20210001766 She-thFOU0 text is deleted San Marino RPUD Underline text is added Last Revised: pFil 4;, 2016 August 18, 2022 Page 19 of 42 Q 17 e 11 � . 1 111 111 111 1 111 111 � 11 1 � . - ... 1 •u 1 •u / .0 1 •u 1 .0 1 •u 1 .0 .:. .:. .:. .:. .:. .:. 11 � • � - �- - 1 1 1 . 1 1 1 1 . , 1 . . . 1. MOR l , - r - ... ®®®®®® •r ' l l 1 1 - ... .. 1 . 11 1l 11 1 • 11 1l 1l 1 • 11 11 1l 1 . 11 11 11 1 • 11 11 1l • 1 • 11 1 • 11 11 11 • 11 11 ATM l • . u u . • i 1 1 of Inn of 2014 0100 PL202100017EE StF+ke-thFOHO text is deleted San Marino RPUD Underline text is added Last Revised: "^.i'npr l 17, 2916 August 18, 2022 Page 20 of 42 Q G� 17C 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 add 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. *2 — Front entry aaraaes 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 adjacent 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. PL20210OOlZEE StFike thmug4 text is deleted San Marino RPUD Underline text is added Last Revised: APO 17, 2015 August 18, 2022 Page 21 of 42 GHQ 17 C *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 gran 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. * en the exterior rode of the wall, i �if raniFed *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 use 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 PL202100017EE vtf+ice t49to text is deleted San Marino RPUD Underline text is added Last Revised: ApFil 4 7, 2915 August 18 2022 Page 22 of 42 �Q 17C 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 3.9:�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 of inn of 2014 0109 PL2021000176E StFike thF9gn text is deleted San Marino RPUD Underline text is added Last Revised: ^ ^r°' '�;, 2015 August 18 2022 Page 23 of 42 Q 1) C 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). of nn of �n�n n�nn p� 7n�10001766 StFike-th'9�#text is deleted i Underlin text is added San Marino RPUD Page 24 of 42 Last Revised: ^ F '��'-S August 18. 2022 �� SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE 17 e 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 �L "A,,", PUD Master �, Plan ,tea . ReselutFfit'F01 2 'I�il'c�'`7tFates the exw tiRg vRFrmeRtiR PaFGeI A Exhibit "B" PaFGel 6 DI Q Master olaR, illustrates the proposed development in Darnel 13 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 .. _ "MI■ Kw Mw= 1 10 0 1■ • - _ t Me. - ON - —.0 Ew - - EM121IM"M TV. . ■ WWAWALLWA "One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring 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 2044 0100 PL20210001766 Strike th,:e�text is deleted San Marino RPUD Underline text is added Last Revised: ��:, 4moo August 18 2022 Page 25 of 42 GQ � 17 C 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 f Its obligations upon written approval of the transfer. by County star and the success entity shall become the Managing Entlty, As Owner and Developer sell off tracts. the Managing Entity shall provide written notice to County that includes an Tan acknowledgement of the commitments required by the r PUD by the � e and the Managing ir. LnT, Ti new owner's agreement to comply with the Commitments through the ie Maagi g L but the Managing Entity shall not be relieved of its responsibility under ��Serli n. When the PUD is closed out then the Managing Entity is no longer responsible he monitoring and fulfillment of PUD commitments." 5.4 UTILITIES possible OF AgnKaRted. A At the time of application for subdivision Plans and Plat (PPL) and Site Development Plan (SDP) approval as the case may be offsite Improvements and/l r upgrades to the wastewater collection/transmission system may be reguireu adequately handle the total estimated peak hour flow from the protect Whether or not such improvements are necessary, and If sQ the exact natyre of such improvements and/or upgrades shall be determined during PPL or our review. Such improvement and/or uparades 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 f a certificate of occupancy for any portion or phase of the development that tri aver s 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. to addFe66 of inn of 294 04 DO PI 20210001766 StFike thF8Ugh text is deleted San Marino RPUD n li text is added �pf 7a� August 18. 2022 Page 26 of 42 C,�p Last Revised: ,��7 � � 17 C WIN Mi C. The development shall be limited t . - Fn ef 493 Twe way unadjusted PM Peak HeUF tF;^ . 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 generation 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. TDI p primary access dfWewey-connections for the development of Parcel B must align with existing directional median opening, approximately 800'+ Nert edy ^.^.,eFty line corresponding 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 igursuant to customary Collier County tandards for all other site infrastructure upon completion of the access bridge To the extent the respective developer elects to construct subseguent 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. H. 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 of inn oL 2014 0100 PL202100017EE Strike-t#Fe4gh text is deleted San Marino RPUD Underline text is added Last Revised: Ap '�016 August 18, 2 22 Page 27 of 42 �Q 17 e 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 followina 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. 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. a. 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, 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. 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 assians, but no sooner than the permitting agencies' notices of intent to issue applicable federal and state permits. 5. The owner. or its successors and assians. 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 Droiect. then the developer or its successors or assians 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 assians of inn of 2014 0100 PL20210001766 San Marino RPUD Last Revised: A&16 August 18. 2022 c+Fikg" text is deleted Underline text is added Page 28 of 42 C�,Q 17 C within sixty (60) days of request provided County is given a maintenance easement at no cost to the County. Z The developer, its successors or asGigns shall provide to any potential resident a disclosure statement that the County has Identified several potential alignments for Bonfield 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 whirt convey directly to potential residents. $$ 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. shallrelease the Developer from the Benfield Road obligations of this PUD and the r irement 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 resultina 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. Liahting must comply with international Dark Skies standards. 5.6 PLANNING 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. f inn of �� nn PI?0210001766 c•"mo o text is deleted o San Marino RPUD Underline text is added Page 29 of 42 Last Revised: e .,�, � 02 August 1 22 CIN 17C 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 6591.321 dwelling units are permitted in the RPUD, of which W2 units are derived from the allowable base density and 299328 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 010713X (Lido Isles PL20160001693). UD to an additional 228 TDR credits must be acquired and transf_e_ rred 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. A minis Of tWeRty fives-(25) Perser}t o A -A -Fally fU RGtiGRinn Rative egeta iori eri site shall be FetaffiRed. 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: PUPA of 2014 0100 PL202100017EE StFil text is deleted San Marino RPUD Underline text is added Last Revised: APF61 17, 2015 August 18. 2022 Page 30 of 42 Q G� 17 C • gopher tortoises may expand their foraging or burrowing habitat to include a • periodic prescribed burns will result in smoke in the vicinity; • wildlife co -existence plan: and • black bear management. Project homeowner's association documents will contain similar disclosures in accordance with proiecpermits. 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 of tortise appropriate barriers will be installed by Developer, or its successors n assigns between the tortoise preserves or where tortoises exist and are ur iva a oad and/or development in that location prior to construction of the new residential development and /or private roads. 5.8 MISCELLANEOUS Pursuant to Section 125.022(5) F S issuance of a development permit by a county does not in any3may-create any rights on the part of the applicant to obtain a permit from 1 r uLL re wir+ �QYuw of a state or federal agency and does not create any liability on the part if the applicant fails to obtain requisite approvals or fulfill the issuance of the permit ligations imposed by a stat oar federal or federal law. All other agency or undertaKes a0�ctions that result 1Q applicable state or federal permits must be violation of state obtained before commencement of the development. of inn of 40*4n+nn Pi 90910001766 Ste `art text is deleted Underline text is added San Marino RPUD Page 31 of 42 0 Last Revised: ^ Y°� August 18. 2022 CIN 17 C 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. frontaae 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 &i*-' model homes at any one time e Geer! 17 medel heme& within the overall RPUD. stating hew FnaRy FnEAel h9Fne6-aFe OR eXiGteRGe se that the maximum of 17 model 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 reque-sted deyiatien ;s 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 PL 20210001766 StFike thFOUgI4 text is deleted San Marino RPUD Underlina text is added Last Revised: "^~i', August 18,2022 Page 32 of 42 ��Q 17 C 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. 8. Deviation (8) seeks relief from LDC Section 4.06.02.0, 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 (I n') Type to multi family dwel�gj in the \A/ilio;Ai Rum RPl D along the se„therr, rld eastem zcr-n�m�c�rr yr ca'ri--rc'ry .7 the ri�--arrcTca�tc.T� property lines, and wheFe pmpesed single family dwelliRgs aFe adjaGeRt W FnUlti family dwelliRgr, OR A e tine at Naple6 to the se„th. o landscape buffer along the western residential tract adiacent to the Parcel A preserves and FP&L easement. 9. Deviation (91 seeks relief from LDC Section 4.06.02., Buffer Reauirements, 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 (101 from LDC Section 5.06.02.B.2. Development Standards for Signs within Residential Districts, which permits one (1) real estate sian 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 sianaae to be setback a minimum of 5' from the edae of the roadway, paved surface or back of curb. This deviation does not apply to signaae adjacent to Collier Blvd. 12. Deviation (12) from LDC Section 6.06.01.J. Street Svstem Reauirements. 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 throuah traffic sianaae and creation of one emeraencv vehicle turnaround approximately 1.500 feet from the beainnina 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 DA Pl 2014 0100 PL202100017E c*'°k gr text is deleted San Marino RPUD Underline text is added Last Revised: A945 August 18 2022 Page 33 of 42 Q 17 C 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. 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 t 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 PL20210001 ZEE San Marino RPUD Last Revised: ^^~i' 17, 2015 August 18 2022 text is deleted Underline text is added Page 34 of 42 ��Q 17C + t scats r_ —in aa ►•_ SAFiiNi� A of inn of 2014 0100 PL20210001766 San Marino RPUD Last Revised: "^~i' 17, 2015 August 18,2022 StFike-##reu# text is deleted Underline text is added Page 35 of 42 Cep 17C EXHIBIT IAA PA�13 PUD MASTER PLAN - PAGE 1 14 NORTH � 3 e A Y nww.. 2/�E A x ate. V lit • Y .,_ _ _ I �. �. i- 0 XALE 1'><1100 650 1000 SCALE IN FEET 2600 �� ._ro uwc ao✓couu uu,wa tea. ..<�.. ,.wwc a i J rorE - .. - " OeE�eEAl�ea � F 7. i A'RaccT I3ORIIROE ' • -'- �. � � -� '. — � ta] r z '• iEMITWGEIAR E A Y _. r - _ _-.. -= 11O"�1P 4 a q us LEGEND (PARCEL Al WeAc.W • .. PROPOSED < r 4 .�,_.: 4, (PA CEL B) (PARCEL el a - - • I �''" LAKE PRESERVE 7 p PROUER WnRANCE .p - ' .. 1 -�_ j1 M VEHICULAR INGRESSAN. - _ Q 1 - _ EGRESS S PROJECT ENiPANCE , 1555 , m u a ( �. A AMENITY AREA w x+..e.... SAN MARMO (PARCEL CI l CE COMMERCIAL EXCAVATION ,.... c' p I ____ _ - - R RESIDENTIAL - S' ! TRACT •� - ^" 'O"r,••"', ` roiE11f1A1 tlifERCO1MECT fAN YARB1O IPARC0. 8 AND CI - � ,- L }.:. # DEVIATIONS .. J nJrAe. o. �'-- i n w a k t < a a 01 IDA oI on14Q4QQ PL20210001766 Strike thFOUgh text is deleted San Marino RPUD Underline text is added Last Revised: A^•I'. 17, 2045 Auaust 18. 2022 Page 36 of 42 G Q 17 e PUD MASTER PLAN — PAGE 2 " 23 NORTH s SCALE. I* -IV fit s 6 f� 0 5 10 20 SCALE IN FEET < Y F i m` W (� 4 C 4 ? ~/ % CL x - q } Y 9 f f3JJ NOTES' IA CU Q a J 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR C U d r �: i? MODIFICATION DUE TO AGENCY PERMRTING REOUIREMENTB_ ARE APPROXIMATE AND SUBJECT TO V j� i :ALL ACREAGES EXCEPT PRESERVE OR PLAT APPRO`:AL. of MODIFICATION AT THE TIME OF SDP NOT LABELED ON PLAN ARE APPLICABLE TO ENTIRE RPUD. N 3. DEVIATIONS a. MINIMUM 25-FOOT VEGETATED UPLAND BUFFER ADJACENT TO THE a WETLAND PER LDC SECTION 305.07 F.3F b .. p �I ,� p f, y z i 4 m C4.'Le Ll�.n� �nh }PY} IC PARCEL A OPEN SPACEiP1iE5ERVf $UMMR+ CATEGORY ACREAGE PROVIDED PRESERVE 15.09x AC OPEN SPACE REQUIRED 23.4x AC TOTAL AREA 38-9s AC PARCELS B AND C OPEN $PACE.PRE'.�R�/E �UMANRv CATEGORY REQUIRED PROVIDED PERCENT PRESERVE 212.8 AC 252.61 AC 32.2% OPEN SPACE 4912 AC A9/.2 AC 60 0% PARCEL., B A!A c LAND USE 56wMRr CATEGORY ACREAGE PERCENT RESIDENTIAL 155.{x AC 19.8% AMENITY 18.4s AC 2.3% PRESERVE 252.fitx AG 32.2% LAKE 2B7_Sx AC 36 7% OTHER OPEN SPACE 7019x AC 9.0% TOTAL SITE 784.7x AC 100% deleted of Inn oI on+n n.Inn PI90210001766 .,.,.........__�. _._ _ text is added San Marino RPUD �1pdg11• Last Revised: °^��'� ,'-�-.' 5 Auaust 18. 20� Page 37 of 42 C,�Q 17C . 1;f NORTH ? OEVIATIOef PROM LOC W t De Oon (I I from LDC Smbm 2,03.07.D 4.g. ~ reWaee TDR oath e lo Z S be dry" eta rake praugh TD roptfell TdlMreas edits V, allow n drlved daagh TOR aura and Bann «ear. slow • i d M ae d Ne PUUe bade deruaY pnor ro pe redenKtlon d 7DR ueeb for— of 0 den } Q 2. De Don (2) from LDC Sec 6 D6 02.A 2 Smewans. Bte tare a„e uA:a. ,- • to i 6 � PaM,ay Repuremenn, ~,!prat rde..M which re irwau. b fate avtlopmeM m be COMstruudM m saes of load, .bade, b slow A Nebo" 6'-wide rdewW m art! roe ofas ed of fa aeea w191 hm mall a 5 10 20 aide of the etreet aid to allow a 6'-aade aEewak m one as of 6a mari Q entry road One canopy tree l« mmpy tree meyalarm r,a be dwi0a per SCALE IN FEET 30 kMr feet of r0malk. Crop/ bead located wren 10 feel of the srewall, may auM —de a skew.* anoPe' free 3. Deawlfo t (31 ham LDC Seceon 6.05 01. N. Sweat SyNem Reprenlmls O Append,, B. Tygc. Sbeel Se000rte and Riglitol-Way Derv, Sturr0a. Y' s.- $y9$ wtan, eetabkrroe A so foot wide bc. ro 0, b abw a rrrwraan 4g50 ktd 9 road foru-o mamal ridf-way leee Exhbd A - PUD NPlan aha wale localX wgh Mara lrldepepe Oulen b separate devebpirmts a allow far M ` < page 21. ,real along 6g arr,ern apart Odrlrldary b arar or OM d the loadsarbcwcuw D"alanees: 4. Devrtlon (<I h«n LDC Seetm 5D3 02.C, Fences aid W aka. Eacardr t)Weptd6a FPL eaeerrlaTe FlammableOM lakes PUDe y r Y _ F c�.o, WYe. Mann permin • magnum wad frerd,l de te1 in rarderal. ratarod or b abwa /a • Ialifad devefoortwril dan a • pdaon a L Z p mn,,0 dabxb. The roWebled devuam n b taw a ntamr.an wad MigN d 6w HaOmda Wkea - NaeVi Na aapartka mmedlMry b M awN d Q y. y 8 fat mr«glod all dNebp—t and a 12-bo1411 nrY, berm « pp oomrMtbn wawberm abnq Cola, Ma hmisaa ana alaelerti bara,0ary a C prrd b appwal d an SDP «PPL: 21 Eat d fire FPL aaaR,era 6 be wdraa Lakes PUD n raxnnea m slow for no ataM baler. a deploed = ' - _ U Parctl B and ate,t«IMn boVMay d Pa,or B rhae ,eaidd,6lt trmct yew 33 Fader 11 d Nalea PUD. n m E4*4 A. Y4ehed hare4 10. Devlabm I101 from LOC Secbpn 5.06-02.8.2. De "e t Stmdatla c 5. Dev"tiGl S fr«rt LDC Setbn 5.0a Os.85. k1a0r Halls all Aaodsl Sala SmM wrw, ROYdmtlal Utalae. vetch Drnae dad I f l Mal !rate slot Pe+ c CeMas, wNlh peman a naanarrr, of five ISM p ddel horMs, « e number 4 seal lrbraaee mr a aetadi a ,,,Madan tl 18 from anv dapemr Isr_ Id L - p«rosponrrq m tan (101 Pamv a the btY rumba d petead Ion. wfeNever rbw br ■ wimcadan d oM 111 rat esWetan pec alre. MMepa sa6'ieck . n Ike, pa dated Wined dtrvtlOpewrt pn« b anal fast afg mv.. The nalanan a s' frerrt the propah aria ebq Cow BhE. mN. > � 3 T requa.d awaeon a b aaow for a maxk— of &-I" modal lamtae Bl t 1. Dawapn 11 t 1 trarrn LDC Secbm 5 06.D2.8.5 a On -amuse Dlrecoa � v. ami_ D. Yw s a wgarr RerOrral atrwb. Mall MraRa m-aenises dpa"dIM aline -D _ = overall RP _ r saOara a mloanum d 7P from five edpa OI6a roeaway. D W e l efft d Oak a dnb. b apw /pal orvpreMaea dtec4an s4aa b a sameck a _ d f A ± d i --- �_. Will each bWiiq perm, for • —del Itch, hie mppur6 ale, mbrr,fn d 5' loom dw eaa d be rosdewv pave marts!! «bak of sub. Tlaa aviation does M apply b.drbe ademn b Car &vd. _ E C ?. Wove dmummmaort a b me cf,mt null!, d noder hones b AAVm 12, D 1121 to,n LDC SecOm 6.06.01 J. Street Svaem Rmarsrarwnb - 6- OeviYim (6) make rc6ef tom LDC Sector s.Os.06.A 3.a. Tamwpcwary Sera, rAeth alis cW-a-aa b a rM*mum k1i06, d 7.000 tea, b parldl schDe rvledt elowa bmppery aqua m iesiarraey 2arwd pmell. alp IC a name RY-de-aatl to exceed 3 eel r latglt w6h plammun dl trallc "r feet r area « 3 feet of - b saw a a0a gnM same arq destlon d as emeraercv IMsde bna,ourb aPproxmrabh tenbdry w «ben up. a� n aroe and a Vt t 500 *veep tan, fare beaaut,a d6re maxanum of 6 fed in height. The temporry sqn or banr,er Wall be Imda b 28 days Per cebndr yen. 13. Davetan (731 tan LDC Sermon 8.08.01.J. Man reau,a cut-deaan Y fate 6. end d a aa-end sheet to flow fm a ttamnertwad d the era of Ble w _ 7 Devaem (7i seeks reYal tra,n LDC Sesm 5.06.02.8 6. DsvalopntarN § !!!r for Sims. Man pemes two 421 pwte.Vn per entrance a five 1a. Devaeon 1141 from LDC Snadn 3.05.07 A.S. vetch etaire. preaavabam C tleyelopmeM Man a manman h gM d Feral her arq, ram of 64 a f The Yeas m be .4.1 ...IWO w" d. re err b adbWq oll-ae laaeerva«n � '... requested devimbon a m slow for two (2) ground a" Pa P1.0d erbaroe area «waa6s manors I. albw dad daaerve area atween Prals lo rot wen a maximum hegm d 18 and blr sqn arm d lb sf. pa aqn. We eae,ce«adaA and kXated -..I— rah V. Nader Sde { w Y J q 2 8. Devnbm (8) seeks rebel from LDC Section • 06.02.C, Brdfer (151 DOylafmrl It51 kart LDC Sectrori a.OS.Da.G. Panbm Sac! Raprmant. 6 - g Regrremma. which 2gd,ea a Yleert-Adept (t 51 Type -8' lrtdscaPe Waller wMre rareYmn fal w, Nee acaasorY b N « y ,+tare skge-f." re dmlW uses re IaWomed ad)—M b naab-Wray *r —d f ,a' r neaaerrav propel all Intended only br the reaidn,e d 0rt mtiw New j i rerderr. uses. m !love real abd, fmritea may be c-fixrled a150 prertt d normal rsoarrnant d b ✓: _ Z� in . 1 pee pa 2D0 ieei ro allow tM Orkir,a reprmwn4 br M ifrrrcbaLlAAllfea 6,a almry alar mud, be oRa I low, I haabl aw I cbdipre i 17 Y 8 I *trade / rlak bet dvrg f nwrirq ,darn ,Pod / auf0oa ,maeaal Q i . no ter,atape taller abnp tle ,ewdnter trod to one Prcd A amd �& teefa.a /end spar raft b also a cmiW na r 50 oacmt d me n«mw _ ^ "' s _ yg asa,Knt dX Q y I;,--- -- oI on�n n+tin OOO1 PL2O210 Stfil�e-t# FewQa text is deietea San Marino RPUD Underline text is added Last Revised: ApAl ', 2915 August 18. 2022 Page 38 of 42 GHQ 17 C EXHIBIT C15 LEGAL DESCRIPTION DESCRIPTION AS SUPPLIED BY THE CLIENT . - D . • . .VAIL . - ..- .,III'MATATA , RINEffAIMMA3 T111111,11 -..TOM e !q I ■. . - SECTIONOF RANGE 26 11, EAST, TOWNSHIP COLLIER .- .. .. .- ROAD RIGHT . ..- WAY OF .. -.. .. ROAD ..- 11, RIGHT-OF-WAY TOWNSHIP COLLIER .. FOR _ . ..- -------------- .. PL20210001766 Strike th augh text is deleted San Marino RPUD Underline text is added Last Revised: "^Fi' 17, 2016 August 18. 2022 Page 39 of 42 Q 0." C. -- --- - Ak - �. _ - - . A_ . ., - - - ' - ., wwwom View- - --- . • . _-a--14 �• - - ' StFke-thf9uO text is deleted pi 2O 10001766 Unde[iiM text is added San Marino RPUD Page 40 of 42 � Last Revised: A Ai,n�st 18 2022 17 C ..- -... - _=--IF DESCRIBED AS FOLLOW 0Arf14AIt StFike thFeugl4 text is deleted pl �m10001766 t indeidiD_e text is added San Marino RPUD Page 41 of 42 Gip Last Revised: ��5 Q1aust l % 2= 17 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 9511• HENCE 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 00049'48" 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 1,33182 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 DUDPUDA of 2044 0100 PL2021000176E StF a th U914 text is deleted San Marino RPUD Underline text is added Last Revised: ^^�;2046 August 18. 2022 Page 42 of 42 ?Q is e 17C Acct #323534 September 23, 2022 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PUDR-PL20210001766, San Marino RPUD (Display w/MAP) Dear Legals: Please advertise the above referenced notice Wednesday, October 5, 2022, (display w/map) and send duplicate Affidavits of Publication, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O.#4500212968 17C NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (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.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 823.6t 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 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, D A0RIDA; BY REPEALING 15- 5, LIDO ISLES RPUD; AND INANCE NO. 2014-35, BY WILLOW RPUD, BY PROVIDING AN A ORDINANCE NO. 0EFFECTIVE DATE. [PL202100017661 (insert map) 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 specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they 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 need to ensure that a decision record of the proceedi proceedings s made, which record includes the testimony and therefore, y 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 17C 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) 17 C Radio RD 1-75 S 1-75 N S S /V FAO ,o jProect o� � o o Location � J � ; m � J � O c� V V) Rattlesnake Hammock RD Crystal K. Kinzel Collier County 17 Clerk of the Circuit Court and Comptroller 3315 Tamiami Trail East, Suite 102 Naples, Florida 34112-5324 September 23, 2022 RVI Planning + Landscape Architecture Attn: Fred Drovdlic, AICP 1514 Broadway Suite 201 Fort Myers, FL 33901 Re: PUDR-PL20210001766, San Marino RPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners, as the Board of Zoning Appeals, on Tuesday, October 25, 2022, as indicated on the enclosed notice. A legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, October 5, 2022. You are invited to attend this public hearing. Sincerely, CRYSTAL K. KINZEL, CLERK Martha Vergara, Deputy Clerk Enclosure Phone- (239) 252-2646 Website- www.CollierClerk.com Fax- (239) 252-2755 Email- CollierClerk@collierclerk.com Martha S. Vergara From: DeWitt, Jennifer <jldewitt@designiq.com> Sent: Tuesday, October 4, 2022 8:55 AM To: Minutes and Records; Martha S. Vergara; Gannett Legals Public Notices 4 Subject: PUDR-PL20210001766 Attachments: adGC10953719rev.pdf External Message: Please use caution when opening attachments, clicking links, or replying to this message. 17C Good Morning, I'm following up on the attached ad proof. We are nearing our 3:00 PM EST approval deadline, and I wanted to ensure no changes were needed. Please let me know if you have any questions. Jennifer DeWitt Account Coordinator I SMB-Classifieds LdewittCoDgannett.com USA TODAY NETWORK Hello, LOCAUQ We have your proof ready for your review (attached), please see the ad run details below as well - Ad# - GC10953719 lO/PO - PUDR-PL20210001766 Publication - Naples Daily News Section - Main/ROP Size - 3X10 Run Date(s) - Oct. 5 Affidavit - yes Total - $1,008.00 Please let me know any needed updates/changes or if this can be approved as is. Please Note: The deadline for approval is 10/4/2022 3:00 PM EST. Thank You Jennifer DeWitt Account Coordinator I SMB-Classifieds ildewittCa)gannett com 1 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. 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 823.6t 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 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] Radio RD 4 1-75 S 1-75 N S N •may � Q Project Location 0 m J m = O � V Rattlesnake Hammock RD qJ 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 specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they 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 34112-6356, (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) NO-GC10953719 la C k.� 17 Martha S. Vergara From: GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Sent: Tuesday, October 4, 2022 10:11 AM To: Martha S. Vergara; RodriguezWanda; GMDZoningDivisionAds; BradleyNancy Subject: RE: PUDR-PL20210001766 Attachments: RE: PUDR-PL20210001766; RE: PUDR-PL20210001766 We have approval from planner and applicant Andrew Youngblood, MBA Operations Analyst Zoning Division Co ier COUHty 2800 N. Horseshoe Dr. Naples, FL 34104 Direct Line - 239.252.1042 and rew.young blood(a-)colIiercountyfl cgov From: Martha S. Vergara <Martha.Vergara@collierclerk.com> Sent: Monday, October 3, 2022 10:51 AM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov>; YoungbloodAndrew <Andrew.Youngblood@colIiercountyfl.gov>; BradleyNancy <Nancy.Bradley@colliercountyfl.gov> Subject: PUDR-PL20210001766 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Morning all, Attached is the ad proof for the referenced. Please let me know if there are any changes needed. Martha Vergara BMR & VAB Senior Deputy Clerk Office: 239-252-7240 Fax: 239-252-8408 E-mail: martha verciara CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com 17 C This electronic communication contains information intended solely for the named addressee(s). If you have received this communication in error, please forward the email in its entirety to the Clerk's Office at collierclerk@collierclerk.com and delete the email. Under Florida Law, email addresses are public. Under rionda 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. 2 f i , 17C Martha S. Vergara From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Tuesday, October 4, 2022 10:27 AM To: Minutes and Records; Martha S. Vergara Cc: YoungbloodAndrew; GMDZoningDivisionAds; GundlachNancy Subject: proof approval: PUDR-PL20210001766 - San Marino RPUD 10/25 BCC Attachments: RE: PUDR-PL20210001766; adGC10953719rev.pdf Martha, Attorney approval is below, and staff and applicant approvals are attached. Thank you, Wanda Rodriguez, .MCP, CPM Office of the County Attorney (239) 252-8400 LERTIi�fQ 9 11 r II Ih From: PerryDerek <Derek.Perry@col liercountyfl.gov> Sent: Monday, October 3, 2022 3:54 PM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Cc: BradleyNancy <Nancy.Bradley@colliercountyfl.gov> Subject: RE: proof for approval: PUDR-PL20210001766 - San Marino RPUD 10/25 BCC Wanda: This ad is approved. Thank you, Derek D. Perry Assistant County Attorney (239)252-8066 From: RodriguezWanda <Wanda. Rod riguez@colliercountyfl.gov> Sent: Monday, October 3, 2022 11:22 AM To: PerryDerek <Derek.Perry@col lie rcountyfl.eov> Cc: BradleyNancy <Nancy. Brad ley@colliercountyfl.gov> Subject: proof for approval: PUDR-PL20210001766 - San Marino RPUD 10/25 BCC Derek, For your approval. 17c 'Wanda Rodriguez, MCP, CPJAI Office of the County .Attorney (239) 252-8400 a YyN CowstCOIAitTY ACP S Certified Public Manager From: Martha S. Vergara <Martha.Vergara@collierclerk.com> Sent: Monday, October 3, 2022 10:51 AM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountvfl.gov>; YoungbloodAndrew <Andrew.Youngblood@coiliercountvfl.gov>; BradleyNancy <Nancy.Bradley. collie rcountyfl.gov> Subject: PUDR-PL20210001766 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Morning all, Attached is the ad proof for the referenced. Please let me know if there are any changes needed. Martha Vergara BMR & VAB Senior Deputy Clerk Office: 239-252-7240 Fax: 239-252-8408 E-mail: martha.vergaraPCollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com This electronic communication contains information intended solely for the named addressee(s). If you have received this communication in error, please forward the email in its entirety to the Clerk's Office at collierclerk@colliercierk.com and delete the email. Under Florida Law, email addresses are public. e; �C�rl�� .�\h. ��i ,1i1�1'.,_S� ��rE i�t! i? i .10 rlr.tSp J i:3 ro a I liij Inst_'ad ..I�i..?��r + 1 '� 7f`ICi; �i�f .�.t:�7ll. )f i,il vJr`"�i'9 0) la C NaVICS+�FIIIIJ NeW.0 PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 BCC ZONING DEPARTMENT 3299 TAMIAMI TRL E 700 NAPLES, FL 34112 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. 10/5/2022 Subscribed and sworn to before on October 5th, 2022 Notary, State of , o ity of wn My commissi Aires: 5-/5d-�) PUBLICATION COST: $1,008.00 AD NO: GC10953719 ENANCY HEYRMAN CUSTOMER NO: S05868 Notary Public PO#: PUDR-PL20210001766 te of Wisconsin AD SIZE: DISPLAY AD W/ MAP 3X10 u- NOTICE OF PUBLIC HEARING [AN otice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners CC) at 9:00 A.M. on October 25, 2022, in the Board of County Commissioners Meeting Room, Third Floor, ollier Government Center, 3299 Tamiami Trail East, Naples, FL to consider: 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 823.6x ACRES; BY REVISING THE STATEMENT OF COMPLIANCE; BY REVISING PROPERTY OWNERSHIP AND DESCRIPTION; BY REVISING DEVELOPMENT STANDARDS, IN PARTICULAR BY ESTABLISHING DEVELOPMENT PARCEL C ANDADDING 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. 20i5-35, LIDO ISLES RPUD; AND BY PROVIDING AN EFFECTIVE DATE. ]PL20210001766] Radio RD �-�5 4 1-75 S 1-75 N S N o Project Location J r m � = O R V N Rattlesnake Hammock RD e 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. It 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 specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they 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.Willigrdcolliercountyfl.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) �4 Z ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP i I c TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documcnis are In be fm•wnrded to the Counly Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must he received In the Counly Attorney Office no later than Monday preceding the Board mccling. **NEW** ROUTING SLIP Complete routing lines N1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lincs # I throu h N2, com lets the checklist and forward to the County ttomcv Office Route to Addressees (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office DDP Io �ic.)ZZ 4. BCC Office Board of County Commissioners ( (rj 10 5. Minutes and Records Clerk of Court's Office 10-2l PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff for additional or missine information. Name of Primary Staff Nancy Gundlach Phone Number (239) 252-2484 Contact / De artment Agenda Date Item was October 25, 2022 Agenda Item Number 17.C. Approved by the BCC Type of Document Ordinance Number of Original 1 Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not atmrovriate. Initial Applicable) 1. Does the document require the chairman's original signature? N.G. 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A rovide the Contact Information Name; Agency; Address; Phone on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed N.G. by the Office of the County Attorney. 4. All handwritten strike -through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N.G. document or the final negotiated contract date whichever is applicable 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's N.G. si nature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip N.G. should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on October 25, 2022 and all changes made during the meeting have been incorporated in the attached document. The County f Attorne 's Office has reviewed the changes, if applicable. DD , 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for the p b-D q ; Chairman's signature. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 I ?c ORDINANCE NO.2022- 3 9 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 RPUD. [21-CPS-02178/1739736/1] 8/22/2022 Page 1 of 2 San Marino RPUD PUDA-PL20210001766 01-0 l7CI. 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 25thday of October , 2022. .1. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYS..f'AL K. YIN'ZEL, ..CLERK COLLIER CO RIDA C By: By: Sl$Il�tB Ofl�,, Deputy Clerk Wilfm L. McDaniel, Jr., Chairman Derek D. Perry ,L1A Assistant County Attorney Attachment: Exhibit A — San Marino RPUD Document [21-CPS-02178/1739736/11 8/22/2022 Page 2 of 2 San Marino RPUD PUDA-PL20210001766 CNd 1 7C SAN MARINO RESIDENTIAL PLANNED UNIT DEVELOPMENT PREPARED FOR: H & LD VENTURE, LLG 9914E TAM 1M1 TRAI L C4CT SD SAN MARINO. LLC 2639 PROFESSIONAL CIR #101 NAPLES, FL 34113 34119 PREPARED BY: WALDROP ENGINEERING, P.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 PL202100017EE San Marino RPUD Last Revised: April 7 2015 August 18 2022 Strike -tom# text is deleted Underline text is added Page 1 of 42 CAO 17c TABLE OF CONTENTS PAGE TABLE OF CONTENTS 2 LIST OF EXHIBITS 3 STATEMENT OF COMPLIANCE 4 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 6 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 11 SECTION III RESIDENTIALiGOLF COURSE AREAS PLAN 14 SECTION IV PRESERVE AREAS PLAN 23 SECTION V DEVELOPMENT COMMITMENTS 25 SECTION VI DEVIATIONS FROM THE LDC 32 R DA R 2014 _0100 PL20210001766 ct^U n text is deleted San Marino RPUD Underline text is added Last Revised: i' AprnPT 17, 2015 August 18. 2022 Page 2 of 42 CAO 1 7C LIST OF EXHIBITS EXHIBIT -9A PARCEL PUD MASTER PLAN EXHIBIT GB LEGAL DESCRIPTION PU DA RL 2014 0100 PL20210001766 Stroke thmug4 text is deleted San Marino RPUD Underline text is added Last Revised: Apr'! 17, 2015 August 18, 2022 Page 3 of 42 I ?G 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 gGlf GOUrse faGilities 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 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 €59 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 parcels and existing PUDs beina incorporated into the San Marino RPUD via PL20210001766: Property Acres Base Density TDR Density Total Density San Marino 235.3 8 2 20 5K Willow Run 558.5 5-N Q 5_9L Lido Isles 24.3 37 24 61 Cracklin' Jacks 5_5 8 8 14 TOTALS 823.E I M I M _L of D.A of 2014 0100 PL202100017EE San Marino RPUD Last Revised: April 2015 August 18 2022 c+eF# text is deleted Underline text is added Page 4 of 42 n 7 i 7C lall �� •_ ■D._ NI WARN- - - 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. PL202100017OU Stroke threu94 text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 20015 August 18, 2022 Page 5 of 42 17C 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 50 South, 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: PWIDA PL 2014 0100 PL20210001766 San Marino RPUD Last Revised: Apra 17, 'moo August 18, 2022 StFike-thrs6Kj# text is deleted Underline text is added Page 6 of 42 O�� I ?c San Marino RPUD Parcels Ownership Parcel ID: 00410840009 SD SAN MARINO LLC Street# & Name: 9480 COLLIER BLVD MOR: 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 / R inn of 2014 0100 PL20210001766 Str'k s^ text is deleted San Marino RPUD Underline text is added Last Revised: Apr''-=015 August 18, 2022 Page 7 of 42 1 7C Parcel ID:00411440000 Street# & Name: Build# / Unit#: 022 / Parcel ID: 00411640004 Street# & Name: Build# / Unit#: 027 / Parcel ID: 00410760008 Street# & Name: 9300 MARINO CIR Parcel ID: 00411800006 Street# & Namem 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 Parcel ID: 00411120003 Street# & Name: Build# / Unit#: 013 / Parcel ID: 004111 00005 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#: RUDA of 2914_0100 PL202100017EE San Marino RPUD Last Revised: April47, 2015 August 18 2022 ADVENIRIaAVENTINE LLC 17501 BISCAYNE BLVD STE 300 SD SAN MARINO LLC MGR: STOCK, BRIAN K 2639 PROFESSIONAL CIR #101 NAPLES, FL 34119 She-thro text is deleted Underline text is added Page 8 of 42 O VJ I 7C 40 1.4 1.5 Former Lido Isles RPUD Parcels Ownership Parcel ID: 00411520001 Street# & Name: 9198 COLLIER BLVD HARTLEY LAND, LLC 7742 ALICO RD FORT MYERS, FL 33912 Build# / Unit#: 024 / Parcel ID: 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 eRtire 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 existinq PUDs will be repealed with this PUDA. rdinance 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 ino of �n� 4 0100 PL20210001766 Strike threg" text is deleted San Marino RPUD Underline text is added Last Revised: Apr15 August 18, 2022 Page 9 of 42 L Ic i 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 fi"�; three 3 separate development parcels delineated on the PUD Master Plan as Parcels "A"y 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 406.784.7 acres and will develop as a residential community with a maximum of 300971 dwelling units. 1.7 SHORT TITLE This ordinance shall be known and cited as the "San Marino Residential Planned Unit Development Ordinance". RUDA PL 2014 0100 PL20210001766 San Marino RPUD Last Revised: Apr'! 17,, „�2015 August 18. 2022 text is deleted Underline text is added Page 10 of 42 d U 1 7C 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 6�501 321 dwelling units &4a14 may be constructed in the residential areas ef the prGjeGt area designated on the PUD Master Plan. The greys prejeGt area is 235.3 aGres. The gres6 PFGjeGt density shall be a maximum Gf 1.5 6111itS per aGFe of base den&ity RUIDA PL 2914 0109 PL202100017EE San Marino RPUD Last Revised: "r,�20'15 August 18, 20.22 Strike through text is deleted Underline text is added Page 11 of 42 U C� 1 7C 2.4 6 init6 nor aGFe via T-DRs is applicable to PaFGel B nnhi. The residential portion of Parcel A is assigned 350 base dwelling units and the combined residential portion of Parcels B and C are assi ned 643 base dwellina 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. RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. The general configuration of the land uses is illustrated graphically on Exhibit "A", PUD Master Plan and ExhibitR. 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. PlJDA oL 2914 0100 PL20210001766 Strike-tkra+g# text is deleted San Marino RPUD Underline text is added Last Revised: Apr"! 17, 2015 August 18, 2022 Page 12 of 42 1 7C 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. 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. RUDA of 2014 0100 PL20210001766 San Marino RPUD Last Revised: Apr'! 17, 2015 August 18 2022 Strike throug4 text is deleted Underline text is added Page 13 of 42 CAO 1 7C 1 .11 SECTION III RESIDENTIALIGO F COURSE AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the ResidentiallGelf Gourse Areas as shown on Exhibit "A", PUD Master Plan and Exhibit "B", PaFGel B DI Irl Master PlaR. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 6501, 221 units. A maximum of 350 dwelling units are permitted within Parcel "A", and a maximum of 3OG971 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. of DA PL 2014 0100 PL2021000170 San Marino RPUD Last Revised: Apr'' 17, 2015 August 18, 2022 Strife 'fin text is deleted Underline text is added Page 14 of 42 1 7C t 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-Familv 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 including 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 exclusively. PL20210001755 Strife throt g# text is deleted San Marino RPUD Underline text is added Last Revised: Apri'. 17, 2015 August 18, 2022 Page 15 of 42 n 90 1 7 C I ...j 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 "ectial 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. 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/spaand 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.�5- 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). of DA RL 2914 0100 PL202100017U Stfike-throuO text is deleted San Marino RPUD Underline text is added Last Revised: Apr'! 17, 2015 August 18. 2022 Page 16 of 42 1 7C 1 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 ino Pi 2014 0100 PL20210001766il�#text is deleted San Marino RPUD Underline text is added Last Revised: Apr'! 17,2015. August 18. 2022 Page 17 of 42 I J?c r 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 (1/2) 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. RUDA of_2914 0100 PL20210001766 San Marino RPUD Last Revised:Apr'! 17, 2015 August 18. 2022 text is deleted Underline text is added Page 18 of 42 o-qo 17C 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 CINI('_I C Cnnnll V 7CPn LOT LINE T1A/n C4n411 V AAlrl fll IDI CY DETACHED Minimiim I n# Areo C !1/'0 CG A nnn & p 500 CC Minimum Let �Afmdth * 50 feet 'FV--ILt;t 35 feet Ain Let Depth 100 feet 100 feet Min. Frent Yard SethaGk *1 A *2 20 feet 20 feet 20feet Men. Side YaFd Setback Meet 0 feet r G feet * r Min. Rear Yard SetbaGk * * 10 feet 19 feet 19 €eeet Maximum Building Height —Zoned dal 25 feet 40 feet 2 feet 40 feet �#eet '4-8--feet 1-9 feet. Ieet 0 10 fecl� Prinninel Strn ct wes 540n Dreoenie Qetbac- eet eet eet * * 4,55 t 4,54eet 454eet Clnl(`_I C CAS V 7CPn LOT LINE TWO FAMILY AND D IDI CY f]CTDz Eg * * �+AAG d-FcT c d �+nc dpd Min. Side Yapd-getbaGk -feet 5-feet `e feet Man. Rear Yard SetbaGk * * 5--fee4 5 fpp &4eet 540n Rrecen e Ce#),._ N.Ainimiim DistaRGe Between 19-fee 0/1�� 0i10-feet dS-ti UGtUfes Maxims Hekjht n —Aetua4 ccnncc did doc ccnncc did dcc�nn d+ ccnncc did &Pn-9c SetbaGk * * n—cc d did d PI DA PI 2014 0100 PL20210001766 Strike-thrGug# text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 19 of 42 I 1C MEW . 11 ... 111 . _ ■ 111 � 11/ /11 1111,1• I1MORE Firriml• , . 1 ��- /11 :; 11 1 , - ... 1 •11 11 11 1 •11 11 11 1 •11 11 1l / .11 11 1l I •11 11 11 I •11 11 11 1 •11 11 11 • : ■ 1 I 1 1 1 .1-• 11 1 • 1 �, - 1 1 1 • 1 1 1 1 • IFAIARTMAOIRIP 1 1 1- •1 1 1- •_ 1 �; 11 • 1" • • 1•_ �; 11 • 11 • 1' • • 1• 1- • • 1• 1- •1 - • • 1• 1- •1 • 1- •1 • 1- •1 1- !1 11 1 - . : • 1 .. • •IWIROUVARVIIIIIIII 1- •1 1- •1 11 1 M.- MIL 11 11 W 11 VILOWE1l 11 11 11 11 r r7imm1 Imm F T1 M ,, -- 1 oI Inn DI 2014 0100 PL20210001766 San Marino RPUD Last Revised: April. 5 August 18- 2022 Strike text is deleted Underline text is added Page 20 of 42 ��J 17C - u• -/•/ -u-/ �� -/./ 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. *2 — Front entry aaraaes 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. *4 — Minimum separation between adiacent dwelling units if detached shall be 10 feet. P D.A.-P 201 n _0100 PL20210001766 Strike throug# text is deleted San Marino RPUD Underline text is added Last Revised: Apr'', 7, 2015 August 18 2022 Page 21 of 42 1 ?C *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 subaect 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 PUDA of _2014 0190 PL20210001766 S#ike-tom jh text is deleted San Marino RPUD Underline text is added Last Revised: April t August 18, 2022 Page 22 of 42 G�� I ?c 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 3-9.5.5.4 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 PUPA PL 2014 0100 PL202100017M San Marino RPUD Last Revised: April 17, 2015. August 15, 2022 Stfike threuo text is deleted Underline text is added Page 23 of 42 1 ?C 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 ino_oi _2014 01 DO PL202100017GE Strike thre # text is deleted San Marino RPUD Underline text is added Last Revised: ApFil 17, 2015 August 18, 2022 Page 24 of 42 I ?c 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 Resel6itiOR 01 27 illustrates the eXiStiRg development !R PaFGel A.Exhibit R� FGE I IIZI.�. I.TQT�J'TI IG- C Q' B olln Master Plan, illustrates the proposed development in Parasol Q 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 "One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring 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 PL20210001766 San Marino RPUD Last Revised: April 17, 2015 August 18 2022 Stroke thmwgI4 text is deleted Underline text is added Page 25 of 42 C`g0 coy 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 Managina 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 monitorina and fulfillment of PUD commitments." 5.4 UTILITIES 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 reauired 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 tria_a_ers 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. PL20210001766 San Marino RPUD Last Revised: Aril 15 August 18, 2022 Strike text is deleted Underline text is added Page 26 of 42 n �O 1 7C C. Peak Hour trips The maximum total daily trip aeneration 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 generation 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 Rew primary access driveway connections for the development of Parcel B must align with existing directional median opening, appFeximately 800'+ south of the corresponding 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. H. 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 assians at the County' s request has agreed to work with the PUDA of 2014 9100 PL20210001766 text is deleted San Marino RPUD Underline text is added Last Revised: Apr'!, 2015 August 18 2022 Page 27 of 42 I ?C 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. 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. a. 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 Develo er 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 of DAP _2014 0100 PL20210001766 Stroke-threug# text is deleted San Marino RPUD Underline text is added Last Revised: Apr'! 17, 2015. August 18. 2022 Page 28 of 42 17C 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 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. RUDA PL 2914 n! nn PL202100017EE �r+l�e-t4gh text is deleted San Marino RPUD Underline text is added Last Revised: April '�T 17-2015 August 18 2022 Page 29 of 42 17C 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 6501, 221 dwelling units are permitted in the RPUD, of which 352993 units are derived from the allowable base density and 2-98328 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 PL20160001623). 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. native-vegetatioR spa -site shall be retaiRedThe 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 Distno 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 DA RL 2014 _0100 PL20210001766 Stroko �h, text is deleted San Marino RPUD Underline text is added Last Revised: °^r,�.H 17, 2015 Auaust 18. 2022 Page 30 of42 1 7C • gopher tortoises may expand their foraging or burrowing habitat to include av rds; -- • periodic prescribed burns will result in smoke in the vicinity: • wildlife co -existence plans and • 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 adiacent 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. 5.8 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. PIJDA R _2014 0100 PL20210001 - Stf+l gl�, text is deleted San Marino RPUD Underline text is added Last Revised: °^�' ' T-2010 August 18, 2022 Page 31 of 42 I ?G 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 30sex (6) model homes at any one time per de„elnnmen+ +Fart net to evreed 17 model hnmoc within the overall RPUD. As part of the applirn+inn material fn hnmoc is not evreeded 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 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. of ino oL 2014 0100 PL20210001766 Strife threes# text is deleted San Marino RPUD Underline text is added Last Revised: April , 2015 August 18, 2022 Page 32 of 42 1 7C 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. 8. Deviation (8) seeks relief from LDC Section 4.06.02.5, 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 teR fGet (I Q') Type to multi family dwelliRgS 'R the Willow RUR RPUD alGRg the seuthem and eastern pFeperty ��, ;�;��eR+ino at maples o the s euthrno landscape buffer along the western residential tract adjacent to the Parcel A preserves and FP&L easement. 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 (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 minimumof 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. PUDA Ri 2014 0100 PL20210001766 Strike through text is deleted San Marino RPUD Underline text is added Last Revised: ApFil 17, 2015 August 18, 2022 Page 33 of 42 17C 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. 15. Deviation 151 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 parkina 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. PUIDA RL 2014 0100 PL20210001766 Strike-thre text is deleted San Marino RPUD Underline text is added Last Revised: Apr'! 17, 2015. August 18. 2022 Page 34 of 42 17C tF`fF'tF'� 1►`1►`M►`i}`IF`�'FF'1 ►'1}`IF`IF'�`�► 4.lrl rwAR I M. 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NO L-31 WE . ... •11,.■RVAMATMAUVA .�• 11 MkIFAININEL. �. �r "N _ . PUDA of 2014 01nn PL20210001766 San Marino RPUD Last Revised: Apra! ' Apra! , 2015 August 18 2022 Stroke thrGugh text is deleted Underline text is added Page 39 of 42 Q�7 I % 1; N BEARTI1NGARE BASED ON THE VcT LINE F SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AS BEING of DA of 2914 0100 PL20210001766 StFile thFaug# text is deleted San Marino RPUD Underline text is added Last Revised: Apr''. �,."n 2015 August 18. 2022 Page 40 of 42 ova I ?G 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 00°39'29" 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 87030'06" 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 00047'14" EAST 671.39 FEET: COURSE NO. 4: SOUTH 87027'14" 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 PL20210001766 Strike throuO text is deleted San Marino RPUD Underline text is added Last Revised: Apr'! 17, 2015 August 18. 2022 Page 41 of 42 01,0 I ?c SECTION 11 A DISTANCE OF 1,336.32 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST 114 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 87028'56" 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 110 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 PWIDA PL 2014 0100 PL20210001706 Stroke-thre # text is deleted San Marino RPUD Underline text is added Last Revised: Apr'! 17, 2015 August 18, 2022 Page 42 of 42 t FLORIDA DEPARTMENT Of STATE RON DESANTIS Governor October 28, 2022 Martha S. Vergara, BMR & VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Martha Vergara, CORD BYRD Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of the Collier County Ordinance No. 2022-039, which was filed in this office on October 28, 2022. If you have any questions or need further assistance, please contact me at (850) 245-6271 or Anya.Owens@DOS.MyFlorida.com. Sincerely, Anya C. Owens Program Administrator Florida Administrative Code and Register ACO/rra R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP I C TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE, Print on pink paper. Attach to original document. The completed routing; slip and original documents are to be forwarded to the Counly Attorney Office at the time the item is placed on the agenda. All completed routing; slips and original documents must be received In the Counly Allorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines #1 through 42 as appropriate for additional signatures, dates, and/or information necded, If the document is already complete with the exception of the Chairman's signature, draw a line through routine lines # 1 through N2. comnlete the checklist and forward to the County Aunmi-v Offirr Route to Addressees (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office DDP 4. BCC Office Board of County Commissioners ( /hj (o 5. Minutes and Records Clerk of Court's Office 10:2 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff for additional or missine information. Name of Primary Staff Nancy Gundlach Phone Number (239) 252-2484 Contact / De artment Agenda Date Item was October 25, 2022 Agenda Item Number 17.C. Approved by the BCC Type of Document Ordinance p� Number of Original 1 Attached C;Q,02; Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not anvrovriate. Initial Applicable) 1. Does the document require the chairman's original signature? N.G. 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A rovide the Contact Information Name; Agency; Address; Phone on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed N.G. by the Office of the County Attorney. 4. All handwritten strike -through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N.G. document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's N.G. si nature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip N.G. should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on October 25, 2022 and all changes made during the meeting have been incorporated in the attached document. The County Attorne 's Office has reviewed the changes, if applicable. DDe- 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for the D�LIN Chairman's signature. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 I ?c ORDINANCE NO. 2022-3 9 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 823.6t 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 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 RPUD. [21-CPS-02178/1739736/1] 8/22/2022 Page 1 of 2 San Marino RPUD PUDA-PL20210001766 01© i7C1, 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 25thday of October , 2022. ATTEST: CRYSfAL K. KINZEL, CLERK By: S! jt1aW8 oil�w Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER CO RIDA By: Wil L. McDaniel, Jr., Chairman Derek D. Perry Assistant County Attorney Attachment: Exhibit A — San Marino RPUD Document [21-CPS-02178/1739736/11 8/22/2022 page 2 of 2 San Marino RPUD PUDA-PL20210001766 CNO 1 7C SAN MARINO RESIDENTIAL PLANNED UNIT DEVELOPMENT PREPARED FOR: H Qom' D VENTURE, - LG 11145 TnMI MI TRAIL EnCT SD SAN MARINO LLC 2639 PROFESSIONAL CIR #101 NAPLES, FL 34113 34119 PREPARED BY: WALDROP ENGINEERING, P.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 RUDA of 2014 0100 PL20210001766 Strike threwgI4 text is deleted San Marino RPUD Underline text is added Last Revised: Alit 17, 2015 August 18, 2022 Page 1 of 42 17C TABLE OF CONTENTS PAGE TABLE OF CONTENTS 2 LIST OF EXHIBITS 3 STATEMENT OF COMPLIANCE 4 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 6 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 11 SECTION III RESIDENTIAL AREAS PLAN 14 SECTION IV PRESERVE AREAS PLAN 23 SECTION V DEVELOPMENT COMMITMENTS 25 SECTION VI DEVIATIONS FROM THE LDC 32 PUDA of 2014 0100 PL20210001706 Strike through text is deleted San Marino RPUD Underline text is added Last Revised: Apr'! 17, 2015 August 18. 2022 Page 2 of 42 CAO I ?c ! LIST OF EXHIBITS EXHIBIT -BA A RGEL B PUD MASTER PLAN EXHIBIT GB LEGAL DESCRIPTION of D- of 2014 0100 PL202100017GE Strike-thre # text is deleted San Marino RPUD Underline text is added Last Revised: Apr'! '� 7, 2015 August 18 2022 Page 3 of 42 0 `90 17C 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 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 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 650 1.321 residential units on 235.3 823.6 acres will yield a projected density of 2-.7-6 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 parcels and existing PUDs being incorporated into the San Marino RPUD via PL20210001766: Proper Acres Base Density TDR Density Total Density San Marino 235.3$ Willow Run 558.5 Q Lido Isles 24. a 37 24 61 Cracklin' Jacks 5_5 $_ 6 14 TOTALS 823,E � � 1 1 PUDA PL 2014 0190 PL202100017e6 Strike threwo text is deleted San Marino RPUD Underline text is added Last Revised: April 17,,i015 August 18 2022 Page 4 of 42 I7C le. ■R ■_ ■- 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. PUIDA of 2014 01 QQ PL20210001766 Stroke-thre text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 5 of 42 I ?C 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 50 Se th and Range 26 Ea6+ 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: of inn of 2014 0100 PL20210001766 San Marino RPUD Last Revised: April 17,� .5 August 18. 2022 She thfe60 text is deleted Underline text is added Page 6 of 42 Oa7 17C Parcel ID- 00410840009 Street# & Name: 9480 COLLIER BLVD 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 / SD SAN MARINO LLC MGR: STOCK BRIAN K 2639 PROFESSIONAL CIR #101 NAPLES FL 34119 of ino o� 2014 0100 PL20210001766 Strike thro text is deleted San Marino RPUD Underline text is added Last Revised: A^�' '.p,,.�o August 18, 2022 Page 7 of 42 I 7 c Parcel ID: 00411440000 Street# & Name: Build# / Unit#: 022 / Parcel ID: 00411640004 Street# & Name: Build# / Unit#: 027 / Parcel ID: 00410760008 Street# & Name: 9300 MARINO CIR 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 Parcel ID: 00411120003 Street# & Name: Build# / Unit#: 013 / Parcel ID: 00411160005 Street# & Name: Build# / Unit#: 014 / Parcel 0: 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 DA PL 2014_0100 PL20210001766 San Marino RPUD Last Revised: e^^',� 17, 2015 August 18. 2022 ADVENIRn-AVENTINE LLC 17501 BISCAYNE BLVD STE 300 SD SAN MARINO LLC MGR: STOCK, BRIAN K 2639 PROFESSIONAL CIR #101 NAPLES, FL 34119 StFike Brea# text is deleted Underline text is added Page 8 of 42 I 1C 1.4 1.5 Former Lido Isles RPUD Parcels Owner hi Parcel ID: 00411520001 Street# & Name: 9198 COLLIER BLVD HARTLEY LAND LLC 7742 ALICO RD FORT MYERS, FL 33912 Build# / Unit#: 024 / Parcel ID- 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 existing 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. RUDA of 2014 GIGO PL20210001756 Stf+ke-thrG text is deleted San Marino RPUD Underline text is added Last Revised: Apr" 17, 2015 August 18, 2022 Page 9 of 42 I Ic I 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 fi"� three 3 separate development parcels delineated on the PUD Master Plan as Parcels "A"} apA—"B" and "C". Parcel "A" is approximately 69 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 196.4784.7 acres and will develop as a residential community with a maximum of 600971 dwelling units. 1.7 SHORT TITLE This ordinance shall be known and cited as the "San Marino Residential Planned Unit Development Ordinance". PUIDA of 2014_0100 PL20210001765 San Marino RPUD Last Revised: Apr'! 17,2015 August 18. 2022 Strike three# text is deleted Underline text is added Page 10 of 42 d U 17C 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 6501. 221 dwelling units s4a+4 may be constructed in the residential areas of the pFejeGt area designated on the PUD Master Plan. The greys nrejeGt area is 235.3 (352 dwell'ng units), and 1.52 i initS per aGre (328 d relliRg Uni+c) via TDRs. The PL20210001766 Strike -thFe 6Kj# text is deleted San Marino RPUD Underline text is added Last Revised: Aprii 17, 2015 August 18 2022 Page 11 of 42 I 7C 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 proiect. 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 R. 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 D Pi 201 01 00 PL2021000175L Strike-threugh text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 12 of 42 I 7C 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. 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. Pl DA of 2914 0100 PL20210001766 San Marino RPUD Last Revised: April<p...17, 2015. August 18, 2022 Strike thro text is deleted Underline text is added Page 13 of 42 CAO 17C1.1 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 a^- Exhobot "B", Pa-rGea a Pl D Maste 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 65-01. 221 units. A maximum of 350 dwelling units are permitted within Parcel "A", and a maximum of 399971 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. 127! 111Y, 0210001765 Revised:San Marino RPUD Last / c+rUsn text is deleted Underline text is added Page 14 of 42 I?cI 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 Res'dential 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 including swimming pools, tennis courts, pickleball courts, bocce ball courts, volleyball courts, children's playground areas, tot lots, walking paths,_ picnic areas, recreation buildinas, 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 exclusively. RUDA of 2014 _0100 PL20210001766 Strike-threug# text is deleted San Marino RPUD Underline text is added Last Revised: Apr'! 17, 2015 August 11 2022 Page 15 of 42 1 7 C I .,j 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 includina model homes and subject to any applicable commercial exc_a_ va_ tion Hermits 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 Recel 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. 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). PUDA oL 2014 0100 PL20210001766 Strike g" text is deleted San Marino RPUD Underline text is added Last Revised: Apr'! 17,, 2015 August 18, 2022 Page 16 of 42 1 7C 1 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. PIJIDA of 2014_0199 PL20210001766 Strike through text is deleted San Marino RPUD Underline text is added Last Revised: A^r'�—'moo August 18 2022 Page 17 of 42 4 '?c 4 , 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 (1/2) 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. m■�.� z�rarM 1�r�ll��l[1I�I� 17rZ:Z• StFik thFe6ig4 text is deleted Underline text is added Page 18 of 42 17C 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 STANDARDScinlni F= F=nnn11 v ZERn I nT LINE TWO Fnnn11 v nnln n1 IDI CY T� ^QED DETACHED AAi.nimi im I at Area ci�CQti�tip-cp}}P `Y4H4Vste-,.dt'1= d3d&tl4tl.-,dyMin-F • Let DeptI4 100 feet y'00feet Min..rent Yard Setbasl- *1 20 feet 20 feet Mon. Side Yapd-&etbac-k 54eet 9-feet 9 er a feet Min. Bear Yar�Setba-1, 6 40 feet 4 0 feet et Zoned —Aetea4 654eet 40 feet 65 feet 40 feet met 40 feet Minimum n•--+..n . ❑ + a 9 feet 4 0 feet 014 n feet *4 Mir, IQFese o co+1,.,,.1, 25--feet 244eet 25---fee� * * 4 &4eet 4 fleet 454eet SINGLE Gnnnn v 7ERQ LOT LINE CY TWO FAMILY AND DUPLEX flCTn(`LICrI �vr-rev Men. Prent Yard SetbaslE *4 & *2 SPIS SPS SPIS 64e-t a#eet feet Min R ea r Y a rdt&- &4eet &4eet . n n i r, o re s e r, o c otbaGk 4944eet 4 4eet 4 4eet Minimum DostanGe Between 40 feet 099 feet nioeet StreetUf_es Maximum 4-&4NZened �Zea*Gt dP-9 & dP-9 SP-9 ddco�nd * * Sc SP-S Sn�d.. DI inn of 2914 0100 PL20210001766 San Marino RPUD Last Revised: April August 18 2022 Strike-threuO text is deleted Underline text is added Page 19 of 42 0VID I 7C Firrimi mew, HIM / • 1 11 1 , - ... / •11 11 11 / •11 11 11 1 •11 1l 11 / •11 1l 11 / •11 11 1/ 1 •11 / •11 11 11 • : . 1/ 11 .:. .:. .:. .:. .:. .:. 11 1 • 1 -,.-•1 1 1 . . . 1 • / 1 / / . . . , . VIOA Mema"Olmm • I MWA,1 • . • • - - 1 1- •1 1 1- •1 .; 11 . . :1• 1-.1 . 1-•1 . 1- •1 1- •1 .• 1- • • 1• • • 1• 1- •1 1-•1 11 1 • :•1 •.r • • 1-MffOTIVA 1- 1" •1 1- •1 1' •1 11 1 / .. - ••• f- / •p 11 11 / •11 11 11 / •11 1l 11 / •11 11 1/ 1 •11 11 11 • / •11 1 •11 11 11 • 1/ 11 11 1 • 1 -�- u 1 ® 1 1 1 / 1 / / 1 1 / / 1 11 . u u ■ • 1 of DAP _2014 01 GO PL202100017E San Marino RPUD Last Revised: ° ^ri'r,�,';2015 August 18, 2022 c«r 1,5^ text is deleted Underline text is added Page 20 of 42 ��J 17C 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 adjacent 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. - - - - ■ - r.�s:nrrse - - - - *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 adjacent 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. *4 _ garages are provided and a , MiRiFnurn building separation is maintained, of detaG Minimum separation between adjacent dwelling units if detached shall be 10 feet. PUDA of 2014 0100 PL20210001706 Str+ke thre text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2915 August 18 2022 Page 21 of 42 I ?C d e—TaW.I - - - *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 0 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 submect 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 DA PL 2914 0100 PL202100017EE San Marino RPUD Last Revised: Apr'! 17, 2, 201-5 August 18, 2022 Sergi text is deleted Underline text is added Page 22 of 42 G�4 17C 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", 9PUD 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 3.9.5-5.4 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 PUDA PL 2014 0190 PL20210001766 Strike threugI4 text is deleted San Marino RPUD Underline text is added Last Revised: April '. August 18 2022 Page 23 of 42 1 ?e 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). of inn of 2044 0409 PL202100017K San Marino RPUD Last Revised: April�-294o August 18. 2022 Strike k► text is deleted Underline text is added Page 24 of 42 CAO I ?C 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 u 4"U Mast .F PlaR illustrates the proposed development in PaFGel 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 "One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring 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 RUIDA PL 2014 0100 PL202100017e5 StFike=th:ou# text is deleted San Marino RPUD Underline text is added Last Revised: Apr'! 17, 2015 August 18, 2022 Page 25 of 42 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 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 proiect. 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. i •� n v.� •� � rrz � � rti -FIT-As1 WIY_•TI DDIG tL:Y• IMMOWZYMMIMMITUMMIX&M, S#+ke thFGug# text is deleted Underline text is added Page 26 of 42 n �O 1 7C C. Peak Hour trims. 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 generation 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 Rew primary access d4veway-connections for the development of Parcel B must align with existing directional median opening, Nerthorly pFepei4y "Re corresponding 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. H. 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 or 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 RUDA PL 2014 0100 PL20210001766 Strikethroughtext is deleted San Marino RPUD Underline text is added Last Revised: A^�' '., 17moo August 18 2022 Page 27 of 42 Ca 0 17C 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. 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 le. 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 r 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 promect is built out or has prepaid transportation impact fees to be assessed for the promect, then the developer or its successors or assigns shall be entitled to a cash reimbursement. 6. The Countv shall maintain at its sole expense anv RPUD lands remainina to the east of the final alignment, if requested by the Owner, its successors or assigns of D.A. of 2014 0100 PL202100017K mike thro text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 28 of 42 17C 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 resultina 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 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. RUDA Pi 2014 0100 PL20210001766 Strike thFaugh text is deleted San Marino RPUD Underline text is added Last Revised: Ap4l '-.,204-5 August-1 52022 Page 29 of 42 I ?c 5.7 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 6601. 221 dwelling units are permitted in the RPUD, of which 352993 units are derived from the allowable base density and 2-99328 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). ENVIRONMENTAL A. RatiVe vegetation nn site shall he retainer! The minimum required native vegetation �� `"' �� c�nurrvcTccmrrca . 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 Preserye will be provided with written information about the Preserve's protected wildlife and management practices which may have direct effects on their property includina: PUIDA of 2014 9100 PL20210001756 Stroke-t#re, text is deleted San Marino RPUD Underline text is added Last Revised: Apr'! 17, 2015. August 18, 2022 Page 30 of 42 • gopher tortoises may expand their foraging or burrowing habitat to include ay rds: • periodic prescribed burns will result in smoke in the vicinity: • wildlife co -existence plan; and • black bear management. Proiect 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 adiacent 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. 5.8 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 action_ s 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. P DA of 2014 0100 PL20210001766 StfiJke thmugI4 text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18. 2022 Page 31 of 42 17C SECTION VI DEVIATIONS FROM THE LDC 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, Pages. 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 development traGt not to evoeed 17 me del hnmes within the overall RPUD. As part of the applinn+inn material fnr every building peFmit fer a model heme, the develeper shall prGvide dOGUMeRtaticm stating haw many model homes are in existence 69 that the maximum of 17 mGdel homes is not e)(Geederl 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 height}. The req ue6ted 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. of inn of 2014 0100 PL20210001756 Strike through text is deleted San Marino RPUD Underline text is added Last Revised: °^ri'1 7, 2015 August 18. 2022 Page 32 of 42 1 7: 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. 8. Deviation (8) seeks relief from LDC Section 4.06.02.0, 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 to„ feet (I n') Type to multi family dwellings --irr-the WiIlew Rijn RRIID aInng the ,souttthenand e.asce-rR pFepeFty dwelliiRgS i�PeRtiRe of Naples t„ the sewth no landscape buffer along the western residential tract adiacent 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 (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. 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 adiacent 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. PUDA of 2014 0109 PL20210001766 Strike -threes text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 33 of 42 U U El 7G 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. 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 aroiect 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. PUPA of 2014 0100 PL20210001766 San Marino RPUD Last Revised: Apr"! 17, 2015 August 18 2022 Strike-thFough text is deleted Underline text is added Page 34 of 42 17C ►t r 0" ` to y� was V Op I: I" toi t t►rt`rto " to 001,�6�'ts`10` to �,� r` to to to it t•� to �,• to t► r to to y s" :►► t o r t 1► 411 Y. rr1416Y, ►%o -jk- PUDA o1 2014 9100 PL20210001766 Strike-thFaugh text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18 2022 Page 35 of 42 CAO I 7C r 0 w z z A 4 8 LZ"v oN 3INA.')l I Ll 4 Ao 1 1, 106 I-PLOWIDD06 AMMI-Ill V(lpKY14 'AANIK6 19T soi It v 11011IX3 - 9V'Id N9.LSVW GfId I MALAIA 'o a 0 7E) M (C) CI) a) 1,)i5-M(W)NVA W59-09Z(40 3NOMI X X (1) 641K VUW0TJ'%J'l4VN im -)TI 'ONTIfVW NVS US :'d 010:1 H VJTd d G(Id OKMVW IT'S c M00A1WIWOLOLI. LId22 A3a —..0 w"imns Tvujoi 1 tzwk, i < UO LLJ ef) UJ V),) :D 00 Lu < z UJ w 0 w CL a> x w Lu x < (.) 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THE NORTHWEST OR OF O. 11, TOWNSHIP ..NEAST,- FLORIDA. _.NORTHEAST OF O. 11, TOWNSHIP_ ...FEAST,- FLORIDA. ... . - �� •. �� ■. .mi O ar PUQA of 2014 0100 PL20210001766 San Marino RPUD Last Revised: April 17, 2015 August 15, 2022 mike through text is deleted Underline text is added Page 39 of 42 Q�7 I �t COLLIER COUNTY, CI ORIDA NOTE& T,-�TCQ- BEARINGS ARE BASED SIN �pTI^-'ICCunI\ACCT LINE OF SEGTI(DN 11, 50 SOUTH, RANGE 26 EAST AS BEING RUIDA PL 2014 0109 PL20210001766 StFike-threugh text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 40 of 42 ova 17C 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 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 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 87030'06" 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 00047'14" EAST 671.39 FEET: COURSE NO. 4: SOUTH 87027'14" 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 87025'45" 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 87°25'45" WEST ALONG THE SOUTH LINE OF SAID PUDA of 2014 0109 PL20210001766 Strike threuO text is deleted San Marino RPUD Underline text is added Last Revised: A^�' '. T 7, 2015 August 18. 2022 Page 41 of 42 Op I 7C 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 L 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 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 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 00049'48" 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 RUDA of 2014 9199 99 PL20210001766 Strike-tkrsugk► text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18. 2022 Page 42 of 42 0d 5- Ir ul ,µsr I r FLORIDA DEPARTMENT Of STATE RON DESANTIS Governor October 28, 2022 Martha S. Vergara, BMR & VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Martha Vergara, CORD BYRD Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of the Collier County Ordinance No. 2022-039, which was filed in this office on October 28, 2022. If you have any questions or need further assistance, please contact me at (850) 245-6271 or Anya.Owens@DOS.MyFlorida.com. Sincerely, Anya C. Owens Program Administrator Florida Administrative Code and Register ACO/rra R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270