Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Ordinance 2022-39
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 823.6±ACRES; BY REVISING THE STATEMENT OF COMPLIANCE; BY REVISING PROPERTY OWNERSHIP AND DESCRIPTION; BY REVISING DEVELOPMENT STANDARDS, IN PARTICULAR BY ESTABLISHING DEVELOPMENT PARCEL C AND ADDING AND REVISING PERMITTED USES AND DEVELOPMENT STANDARDS FOR PARCELS B AND C; BY REVISING DEVELOPMENT COMMITMENTS; BY REVISING DEVIATIONS; BY REVISING THE MASTER PLAN; BY REVISING THE LEGAL DESCRIPTION, FOR PROPERTY LOCATED NEAR 9300 MARINO CIRCLE, ON THE EAST SIDE OF COLLIER BOULEVARD (C.R. 951)APPROXIMATELY 2 MILES NORTH OF THE INTERSECTION OF COLLIER BOULEVARD AND RATTLESNAKE HAMMOCK ROAD IN SECTIONS 11, 12, 13, AND 14, TOWNSHIP 50 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA; BY REPEALING ORDINANCE NO. 2014-35, WILLOW RUN RPUD, AND ORDINANCE NO. 2015-35, LIDO ISLES RPUD; AND BY PROVIDING AN EFFECTIVE DATE. [PL20210001766] 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 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: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER CO 4 -•RIDA / 41fr, By: By: Deputy Clerk Wil�..m L. McDaniel, Jr., Chairman Sl�ltd�ltf$011 (a> This ordlnorue filed with the Ap ved as t form and le ality: S ,�tary of 5 ifAa.t ,�� d'V day of '' and acknowledgeme t of that filin r ived this day of Derek D. Perry ,L'ji e� Assistant County Attorney �\ Attachment: Exhibit A— San Marino RPUD Document [21-CPS-02178/1739736/1] 8/22/2022 Page 2 of 2 San Marino RPUD PUDA-PL20210001766 CL0 SAN MARINO RESIDENTIAL PLANNED UNIT DEVELOPMENT PREPARED FOR: H & LD VENTURE, LLG 11115 TAMIAMI TRAIL EAST SD SAN MARINO, LLC 2639 PROFESSIONAL CIR #101 NAPLES, FL 31 113 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 PUDA PL 201,1 0100 PL20210001766 Strike through text is deleted San Marino RPUD Underline text is added Last Revised:April 17, 2015 August 18, 2022 Page 1 of 42 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/GOLF COURSE AREAS PLAN 14 SECTION IV PRESERVE AREAS PLAN 23 SECTION V DEVELOPMENT COMMITMENTS 25 SECTION VI DEVIATIONS FROM THE LDC 32 PUDA PL 2011 0100 PL20210001766 Strike-t#rough text is deleted San Marino RPUD Underline text is added Last Revised:April 17, 2015 August 18. 2022 Page 2 of 42 C40 LIST OF EXHIBITS EXHIBIT A PUD MASTER PLAN PER CCPC RESOLUTION 01 27 EXHIBIT BA PARCEL B PUD MASTER PLAN EXHIBIT GB LEGAL DESCRIPTION PUDA PL 2014 0100 PL20210001766 Strike through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 3 of 42 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: 1. The subject property is within the Urban Designation, Mixed Use District, Urban Residential Fringe Subdistrict Land Use Designation as identified on the Future Land Use Map. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 5. The project development will result in an efficient and economical allocation of community facilities and services as required in Objective 2 of the Future Land Use Element. 6. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7. The 650 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 being incorporated into the San Marino RPUD via PL20210001766: Property Acres Base Density TDR Density Total Density San Marino 235.3 352 298 Willow Run 558.5 Qaaa Lido Isles 24.3 37 61 Cracklin' Jacks 5.5 8 f 14 TOTALS 823.6 993 328 1,321 PUDA PL 2011 0100 PL20210001766 Strike through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18. 2022 Page 4 of 42 Base Density 1.5 dwelling units/acre Project Acreage 235.3acres Maximum Permitted Base Density 1.5 dwelling units/acre Maximum Permitted Base Unit Count 352dwelling units Bonus (TDR) Density 1.52dwelling units/acre Parcel B Acreage 196.4 acres Maximum Permitted Bonus (TDR)* Density 1.52 dwelling units/acre Maximum Permitted Bonus (TDR)* Unit Count 298 dwelling units Total RPUD Acreage 235.3 acres Total RPUD Unit Count 650 dwelling units Total RPUD Density 2.76 dwelling units/acre Parcel A Acreage 39 acres Parcel A Unit Count 350 dwelling units Parcel A Density 8.97 dwelling units/acre Parcel B Acreage 196.E acres Parcel B Unit Count 300 dwelling units Parcel B Density 1.52 dwelling units/acre * TDR - Transfer of Development Rights 8. All final local development orders for this project are subject to Section 6.02.00, Adequate Public Facilities, of the Collier County Land Development Code. PUDA PL 2011 0100 PL20210001766 Strike through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 5 of 42 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 Section 11, Township 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: Property ID#: 00410760008 Aventine of Naples, LLC 1127 Clarkview Road, Suite 500 Bal ore MD 21209 �ur��v��rvi�-L�z�v Property ID #: 00410640005 H & LD Venture, LLC 11115 Tamiami Trail E. Naples, Florida 34113 Property ID #: 00410810009 H & LD Venture, LLC 11115 Tamiami Trail E. Naples, Florida 31113 Property ID#: 001 10880001 H & LD Venture, LLC 11115 Tamiami Trail E. Naples, Florida 31 113 Property ID#: 00411210006 H & LD Venture, LLC 11115 Tamiami Trail E. Naples, Florida 34113 PUDA PL 2011 0100 PL20210001766 text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 6 of 42 Property ID#: 00411320007 H & LD Venture, LLC 111 115 Tamiami Trail E. Naples, Florida 34113 Property I D#: 00411410000 H & LD Venture, LLC 11115 Tamiami Trail E. Naples, Florida 31 113 H & LD Venture, LLC 11115 Tamiami Trail E. Naples, Florida 34113 Property ID#: 00410960002 H & LD Venture, LLC 11115 Tamiami Trail E. Naples, Florida 31113 Property ID#: 00111200004 H & LD Venture, LLC 11115 Tamiami Trail E. Naplcs, Florida 34113 San Marino RPUD Parcels Ownership Parcel ID: 00410840009 SD SAN MARINO LLC Street# & Name: 9480 COLLIER BLVD MGR: STOCK, BRIAN K Build# / Unit#: 006 / 2639 PROFESSIONAL CIR #101 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 / PUDA PL 2011 0100 PL20210001766 Strike through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 7 of 42 Parcel ID: 00411440000 Street# & Name: Build#/ Unit#: 022 / Parcel ID: 00411640004 Street# & Name: Build# / Unit#: 027 / Parcel ID: 00410760008 ADVENIR@AVENTINE LLC Street# & Name: 9300 MARINO CIR 17501 BISCAYNE BLVD STE 300 Build# / Unit#: 004 / AVENTURA, FL 33160 Former Willow Run RPUD Parcels Ownership Parcel ID: 00411800006 SD SAN MARINO LLC Street# & Name: 9220 COLLIER BLVD MGR: STOCK, BRIAN K Build# / Unit#: 032 / 2639 PROFESSIONAL CIR #101 Parcel ID: 00412240005 NAPLES. FL 34119 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#: PUDA PL 201,1 0100 PL20210001766 Str-i-ke-thfoug14 text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 8 of 42 Former Lido Isles RPUD Parcels Ownership Parcel ID: 00411520001 HARTLEY LAND, LLC Street# & Name: 9198 COLLIER BLVD 7742 ALICO RD Build#/ Unit#: 024 / FORT MYERS, FL 33912 Parcel ID: 00411000000 Street# & Name: Build#/ Unit#: 010 / Parcel ID: 00411720005 Street# & Name: Build# / Unit#: 030 / Former Cracklin' Jacks Parcel Ownership Parcel ID: 00411040002 HARTLEY LAND, LLC Street# & Name: 9080 COLLIER BLVD 7742 ALICO RD Build# / Unit#: 011 / FORT MYERS, FL 33912 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the east side of County Road 951 approximately one and one-half(1.5) miles south of the intersection of Davis Boulevard (State Road 84) and County Road 951, unincorporated Collier County, Florida. B. The entire--project site currently has 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- 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. PUDA PL 2011 0100 PL20210001766 Strike through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 9 of 42 Natural grades range from 9.0 Ft NGVD to 11.5 Ft NGVD. The entire site is located within Flood Zone X" with no base flood elevation designated. 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) three (3) separate development parcels delineated on the PUD Master Plan as Parcels "A"} an-el—"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 196.1784.7 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". PUDA PL 2014 0100 PL20210001766 Strike-th-rough text is deleted San Marino RPUD Underline text is added Last Revised:April 17, 2015 August 18, 2022 Page 10 of 42 U 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 6501,321 dwelling units&haIf may be constructed in the residential areas of the project area designated on the PUD Master Plan. The gross project area is 235.3 {352 dwelling units), and 1.52 units per acre (328 dwelling units) via TDRs. The 1.52 PUDA PL 2014 0100 PL20210001766 text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 11 of 42 U CT The residential portion of Parcel A is assigned 350 base dwelling units and the combined residential portion of Parcels B and C are assigned 643 base dwelling units. Parcels B and C shall also be entitled to an additional aggregate 328 dwelling units through the acquisition of TDRs. Subject to the right to exhaust base density first as provided in Section 5.6.. density calculation and TDR Credit Tracking Sheet shall be submitted with each Site Development Plan (SDP) and/or plat for the redemption of TDR Credits needed for the project. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. The general configuration of the land uses is illustrated graphically on Exhibit "A", PUD Master Plan and Exhibit B. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Section 10.02.04 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. B. The provisions of Section 10.02.03, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said 10.02.03 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of the proposed infrastructure improvements. These instruments will provide for appropriate infrastructure dedications and the methodology for providing perpetual maintenance of common facilities. 2.6 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 5.04.04 of the Collier County Land Development Code, except where a deviation is permitted in Section VI of this PUD Document. B. Temporary sales trailers and construction trailers can be placed on the RPUD site after Subdivision Plan or Site Development Plan approval and prior to the recording of an applicable Subdivision Plats, subject to the other requirements of Section 5.04.03 of the Land Development Code. 2.7 OFF-STREET PARKING AND LOADING REQUIREMENTS As required by Section 4.05.04 of the Land Development Code in effect at the time of building permit application. PUDA PL 201- 0100 PL20210001766 Strike414cough text is deleted San Marino RPUD Underline text is added Last Revised:April 17, 2015 August 18, 2022 Page 12 of 42 co 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. 2.10 ARCHITECTURAL STANDARDS All buildings, signage, landscaping, and visible architectural infrastructure shall be itectural colors throughout all of the buildings, signs, and fences/walls to be erected on the entire subject parcel, except for decorative trim. Landscaping and streetscape materials shall also be similar in design throughout the subject site. An architectural plan shall be demonstrating compliance with these standards. Parcels "A" and "B" are not required to be architecturally and aesthetically unified. 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. PUDA PL 201,1 0100 PL20210001766 Strike-t�g#h text is deleted San Marino RPUD Underline text is added Last Revised:April 17, 2015 August 18, 2022 Page 13 of 42 SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Residential/Golf Course Areas as shown on Exhibit "A", PUD Master Plan and Exhibit "B", Parcel B PUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 6501.321 units. A maximum of 350 dwelling units are permitted within Parcel "A", and a maximum of 300971 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 UDA_F 201 n_n100 PL20210001766 Strike through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18. 2022 Page 14 of 42 c�© 6. Gatehouse. 7. Clubhouse, pro-shop, offices, cart storage facility, practice putting greens, driving ranges and other customary accessory uses of golf courses. 8. Child-care facilities for on-site residents and their children. 9. Small commercial establishments including gift shops, golf equipment sales, restaurants, cocktail lounges and similar uses, intended to exclusively serve patrons of the golf course or other permitted recreational facilities. 10.Any other accessory use deemed compatible by the Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the Land Development Code (LDC). C. PARCELS B AND C - Permitted Residential Principal Uses and Structures: 1. Single family detached dwelling units. 2. Single family variable and zero lot line units. 3. Two-family attached, duplex dwelling units. 4. Townhouses 5. Multi-Family 6. Model homes, model home sales centers, and sales trailers, including offices for project administration, construction, sales and marketing, as well as resale and rental of units. 7. Community centers/clubhouses and recreational uses and facilities includin. swimming pools, tennis courts, pickleball courts, bocce ball courts, volleyball courts children's lavground 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 .uests of Parcel B exclusively. PUDA PL 201,1 0100 PL20210001766 Strike through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 15 of 42 7® 8. Commercial excavation that will cease at the time of issuance of the 200th certificate of occupancy of a dwelling unit in Parcel B, not including model homes, and subject to any applicable commercial excavation permits issued from time to time. 9. 4. Any other principal and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the Land Development Code (LDC). D. PARCELS B AND C - Permitted Residential Accessory Uses and Structures: 1. Customary accessory uses and structures including garages. 2. Swimming pools, spas, screen enclosures, sheds/structures similar in nature. 3. Passive recreational areas, open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. 4. Model homes, model home sales centers, and sales trailers, including offices for rental of units. 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). E. PARCEL B Permitted General Uses and Structures dining facilities, sport courts, picnic areas, community administration, PUDA PL 2011 0100 PL20210001766 S#+-ke-th-rough text is deleted San Marino RPUD Underline text is added Last Revised:April 17, 2015 August 18, 2022 Page 16 of 42 for use by all re idents and guests shall be permitter) throughout the PUD, all designed to serve the residents and their guests. Development Standards: Residential Tract Setback: 20' Front Yard Setback: 15' Side Yard Setback: 10', except where adjacent to preserve Rear Yard Setback: 10', except where adjacent to preserve Waterbody Setback: 0' from Lake Maintenance Easement or bulkhead *No setback is required adjacent to the FPL easement. Maximum height for Clubhouse(s): Zoned: 50' Actual: 65' Maximum height for other structures: Zoned: '15' Actual: 55' ommi inity stri re much as guardh , gateh^ :, fences,�oa;IT cola imp decor"vra ive a itect i al features, scree soap , passive—Parks, an access control structures shall have no required setback, except as listed below, and are permitted throughout the PUD; however such structures shall be located such that they do not cause vehicular stacking into the road right of way to cr ate site distance issues for motorists and pedestrians. Maximum height for Guardhouses/Gatehouses: Zoned: 30' Actual: 35' Setbacks: DI D Bo indary: 15' except fences walls and architect iral feat Tres shall have no setback, except that which is adequate to provide landscaping on the exterior side of the wall, if required. 3.4 DEVELOPMENT STANDARDS A. Parcel A- Minimum Yards: Front yard setbacks shall be measured from the adjacent right-of-way line if the parcel is served by a public or private right-of-way, from the edge of the pavement if the parcel is served by a non-platted drive, or from the road easement or property line if the parcel is served by a platted private drive. of D of 2011 0100 PL20210001766 Strike through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 17 of 42 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. PUDA PL 201,1 0100 PL20210001766 Strike-through text is deleted San Marino RPUD Underline text is added Last Revised:April 17, 2015 August 18. 2022 Page 18 of 42 0o D. Parcel A - Maximum Height: 1. For principal structures forty (40) feet or three (3) stories, whichever is the most restrictive. E. Parcels B and C - Development Standards STANDARDS SINGLE FAMILY ZERO LOT LINE TWO FAMILY AND DUPLEX DETACHED Minimum Lot Ar a 5,000 SF 41,000 SF 3,500 SF Minimum Lot Width *3 50 feet 440 feet 35 feet Min. Lot Depth 100 feet 100 feet 100 feet Min. Front Yard Setback *1 & *2 20 feet 20 feet 20 feet Min. Side Yard Setback 5 feet 0 feet 0 or 5 feet *4 Min. Rear Yard Setback *5 & *6 10 feet 10 feet 10 feet Maximum Building Height Zoned 35 feet 35 feet 35 feet Actual 410 feet 40-feet 40 feet Minimum Distance Between Principal Structures 10 feet 10 feet 0/10 feet *4 Min. Preserve Setback 25 feet 25 feet 25 feet PUD Boundary Setback *6 & *7 15 feet 15 feet 15 feet ACCESSORY STRUCTURES SINGLE FAMILY ZERO LOT LINE TWO FAMILY AND DUPLEX DETACHED Min. Front Yard Setback *1 & *2 SP-S SPS SPS Min. Side Yard Setback 5 feet 5 feet 5 feet *II Min. Rear Yard Setback *5 & *6 5 feet 5 feet 5 feet Min. Preserve Setback 10 feet 10 feet 10 feet Minimum Distance Between 10 feet 0/10 feet 840-feet Structures Maximum-Height SPS cnc cnc SPS SPS SPS Actual SP-S SPS SPS PUD Boundary Setback *6 & *7 SPS SPS SPS PUDA PL 2014 0100 PL20210001766 Strike through text is deleted San Marino RPUD Underline text is added Last Revised:April 17, 2015 August 18. 2022 Page 19 of 42 OVD PRINCIPAL USES AND Single Townhouse Single Zero Lot Multi-Family Variable Clubhouse/ STANDARDS family family Line for Lot Line Recreation Detached Attached/ Single far Buildings Iwo family Single famil familx Duplex Min.Lot Area 3,000 SF 1,350 SF 2,000 SF 3,000 SF 10,000 SF 3,000 SF N/A Per Building Min.Lot Width'3 41 161 8Q 401 N/A 401 N/A Min.Lot Depth ZQ 1,51 ZQ ZQ N/A ZQ N/A Min.Floor Area N/A N/A N/A N/A SF Per Unit: N/A N/A 600-1 BR 800-2 BR 1,000-3BR SETBACKS Min.Front Yard 20'''''2 20'''.'2 20'''''2 20'*1'*2 20''1,*2 20'*1'*2 20''2 Min.Side Yard 51 0'or 5' 0' or 5' 1.1 0'-1 0''4 0'-1 0''8 Min. Rear Yard: Principal*6'*7 101 14 101 11 101 10 11 Min.Waterbody 0'from 0'from 0'from 0'from 0'from 0'.from 0'from LME/LMT LME/LMT LME/LMT LME/LMT LME/LMT LME/LMT LME/LMTor BH Qr BH or BH or BH or BH or BH or BH Max.Building Height: Zoned 311 51 3;5i 3101 ZE aa. ZO' Actual 3 57_1 421 35' 1E_ Min.Distance Between 101 20'for OLIO' 11 20'for 101 20'for buildings Structures/Principal buildings 2 buildings 2 2 stories or less Structures stories or stories or less in height OR% less in height in height OR sum of OR%sum of '/z sum of the building the building the building height for height for height for buildings 3 buildings 3 buildings 3 stories or tnries or stories or greater in greater in greater in height*5 height*5 height*5 Min.PUD Boundary 151 15'or'h 14 14 20'or the 15' 1E1 Setback*6 the building building height'5 height'5 Min. Preserve Setback 251 251 251 25 251 251 251 ACCESSORY STRUCTURES Min.Front Setback 20'*2 20'*2 201 21 201 21 21 Min.Side Setback E 1 SPS SPS 01 SZ Q Min.Rear Yard: Accessory`6,'7 51 51 51 51 5 51 5 Min.PUD Boundary 151 15'or'/, 14 151 15'or the 151 15'or%the Setback*6 the building building building height'5 height'S height'5 Min. Preserve Setback 101 101 101 14 11 101 10' Min.Waterbody Setback 0'from 0'from 0'from 0'from 0'from 0'from 0'from LME/LMT LME/LMT LME/LMT LME/LMT LME/LMT or LME/LMT LME/LMT or QrBH or BH or BH or BH BH or BH BJd Min.Distance Between 11 0110' 0710' 01101 0710' 41101 0110' Structures Maximum Height: Zoned SPS ; SPS ; 3.51 SPS 34 Actual ,$PS SPS spa SPS 40 feet SPS 40 feet PUDA PL 2011 0100 PL20210001766 Str-i-ke-thr-eug14 text is deleted San Marino RPUD Underline text is added Last Revised:April 17, 2015 August 18, 2022 Page 20 of 42 SPS—Same as Principal Structure;LME—Lake Maintenance Easement; LMT—Lake Maintenance Tract; BH—Bulkhead; SF—Square Feet PSSame as Principal No setback is required adjacent to the FPL easement areas. 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. ny reduce the front yard rrca-requirement t�-feet for a side ent garage. Front loaded garages shall be a minimum of 23 feet from the edge of sidewalk. *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 ri ht-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 — Building distance may be reduced at garages to a minimum of 0' where attached garages are provided and a 10' minimum building separation is maintained, if detached. Minimum separation between adjacent dwelling units, if detached, shall be 10 feet. �i ice of 201�_n,00 PL20210001766 Strike through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 21 of 42 0 U *5 Rear yards for principal and accessory structures on lots and tracts which abut be 0 feet provided architectural bank treatment is incorporated into design and subject to written approval from the Collier County Engineering Review Section. *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 (i) 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 No setback is required for fences or walls, except to provide area for landscaping on the exterior side of the wall, if required. *7 — Rear yards for principal and accessory structures on lots and tracts which abut lakes and open spaces. Setbacks from lakes for all principal and accessory uses may be 0 feet provided architectural bank treatment is incorporated into design and subject to written approval from the Collier County Engineering Review Section. *8 — Setback from the FPL Easement is 0 feet. All other setbacks are 10 feet. F. Parcel B Minimum Project Requirements & Design Standards Development in Parcel B must provide the following: 1. Resort style swimming pool. 2. Clubhouse with fitness center. 3. Tennis court or bocce ball court. /1. Gated entry. 5. Cement or slate tile roof or approved equivalent. 6. Concrete pavers at project entrance/exit. PUDA PL 2011 0100 PL20210001766 St-r-i-ke-through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 22 of 42 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.E 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 oU D of 2011 0100 PL20210001766 Strike through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 23 of 42 cio 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). PUDA PL 201'l 0100 PL20210001766 Strike through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 24 of 42 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 approved per Ordinance 200010 and CCPC Resolution 01 27 illustrates the existing development in Parcel A. Exhibit "B", Parcel B PUD Master Plan, illustrates the proposed development in Parcel B, and is conceptual in nature. Proposed area, lot or land use boundaries of special land use boundaries shall not be construed to be final and minor changes may be made at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of 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 close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close out of the PUD. At the time of this PUD amendment approval dated 2014, the Managing Entity is H & LD Venture, LLC. Should the 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 and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new ovwnTer-amid-the new-oowner reement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Son+inn \Won the PUD is closed-out, theen irT Managing Entity is no lon� r cccrvrr--cv crrr � —ra responsible for the monitoring and fulfillment of PUD commitments. "One entity hereinafter the Mana•in• Entity) shall be responsible for PUD monitorin• until closeout of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this RPUD approval, the Managin 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 PUDA PL 2011 0100 PL20210001766 Strike-threugh text is deleted San Marino RPUD Underline text is added Last Revised:April 17, 2015 August 18, 2022 Page 25 of 42 c`�o 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 Managin. Entit . As Owner and Develo•er 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 Prior to its last phase of development, the Owner shall identify and provide an interconnection or stub-out to Willow Run PUD for water distribution; plans shall be reviewed and approved by CCWSD at time of SDP or PPL. This commitment can be terminated by CCWSD if its staff determines that interconnection at this location is not possible or warranted. A. At the time of application for subdivision Plans and Plat (PPL) and/or Site Development Plan (SDP) approval, as the case may be, offsite improvements and/or upgrades to the wastewater collection/transmission system may be required to adequately handle the total estimated peak hour flow from the project. Whether or not such improvements are necessary, and if so, the exact nature of such improvements and/or upgrades shall be determined during PPL or SDP review. Such improvement and/or upgrades as may be necessary shall be permitted and installed at the developer's expense and may be required to be in place prior to issuance of a certificate of occupancy for any portion or phase of the development that triggers the need for such improvements and/or upgrades. B. Standard industry practices must be followed when connecting to the 36" fusible PVC water main. 5.5 TRAFFIC A. The applicant shall install arterial level street lighting at the project entrances, prior to the granting of any Certificates of Occupancy for the project. B. The applicant shall provide, if required by Collier County Transportation Services, both a northbound right turn lane and a southbound left turn lane at the project entrances, which shall be constructed during the construction of the project's access driveways onto County Road 951. A potential vehicular interconnection to the agriculturally zoned property to the north coordinated design, and rem PUDA PL 2014 0100 PL20210001766 Strike through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 26 of 42 f improvements. At the time of subdivision plat for the first phase of development, the developer must provide staff with documentation of their efforts to establish the interconnection in the form of a certified letter to the adjacent property owner. C. Peak Hour trips. The maximum total daily trip generation for the PUD shall not exceed 1,013 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip 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 new primary access d-riveway connections for the development of Parcel B must align with existing directional median opening, approximately 800'+ south of the Northerly property 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 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 assigns at the County' s request, has agreed to work with the PUDA PL 2014 0100 PL20210001766 Strough text is deleted San Marino RPUD Underline text is added Last Revised:April 17, 2015 August 18, 2022 Page 27 of 42 t7 O 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. g. wildlife protection, buffers, and any obligation imposed on the lands of the RPUD by virtue of the permitting of the Benfield Road) for the impacts of any such road and replacement mitigation that otherwise is in place within the RPUD that mitigates the impact of the project and/ or the previous mining operation that occurred within the RPUD historically. The Owner, its successors or assigns shall not be responsible to obtain or modify any current or future permits or conservation easements on behalf of the County related to the planning, platting, replatting, dedication, construction, or extension of Benfield Road. In no event shall Developer be obligated to plat any roadway or depict any reservation on any plat. 4. The owner or its successors and assigns shall convey the lands to the County by quit claim deed within 120 days of the County' s written request to owner, or its successors and assigns. but no sooner than the permitting agencies' notices of intent to issue applicable federal and state permits. 5. The owner, or its successors and assigns, shall be paid the fair market value of the land at the time of the conveyance to the County, excluding damages. The Developer shall first become eligible for transportation impact fee credits based upon the agreed upon fair market value per acre in accordance with the consolidated impact fee Ordinance in effect at the time of recordation of the deed. If the project is built out or has prepaid transportation impact fees to be assessed for the project. then the developer or its successors or assigns shall be entitled to a cash reimbursement. 6. The County shall maintain at its sole expense any RPUD lands remaining to the east of the final alignment, if requested by the Owner, its successors or assi.ns PUDA PL 2011 0100 PL20210001766 Strike through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 28 of 42 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. PUDA PL 2011 0100 PL20210001766 Strike through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 29 of 42 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 6501,321 dwelling units are permitted in the RPUD, of which 35-2993 units are derived from the allowable base density and 298328 units are derived from TDR credits. All residential density above the base density shall be derived from TDR credits severed and transferred from RFMUD Sending Lands consistent with the provisions of the Collier County Growth Management Plan. The RPUD may use the available 643 units of base density throughout Parcels B and C without the need to acquire and transfer TDRs. TDR's may be used throughout Parcels B and C. A total of 99.85 TDR credits (equivalent to 100 dwelling units) have been transferred to the RPUD: 75.85 per Certificates 0104BTX, 0104ETX, and 0104RTX(San Marino Caymas Ph 1 PL20160001063) and 24.00 per Certificate 0107BX (Lido Isles PL20160001693). Up to an additional 228 TDR credits must be acquired and transferred to the RPUD to be used as density credits. Commencing with submittal of the first development order that utilizes TDR credits, a TDR calculation sheet shall be submitted documenting that the developer has acquired all TDR credits needed for that portion of the development. The calculation sheet tracks the chronological assignment of TDR credits with respect to all subsequent development orders until the maximum density allowed by the utilization of TDR credits has been reached (all TDR credits allowing residential development reach a zero balance). 5.7 ENVIRONMENTAL A. native vegetation on site shall be retained. 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: PUDA PL 2011 0100 PL20210001766 Strike-through text is deleted San Marino RPUD Underline text is added Last Revised:April 17, 2015 August 18, 2022 Page 30 of 42 • gopher tortoises may expand their foraging or burrowing habitat to include yards; • periodic prescribed burns will result in smoke in the vicinity; • wildlife co-existence plan: 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 adjacent to the preserve's tortoise-occupied habitat, then tortoise-appropriate fencing or tortoise-appropriate barriers will be installed by Developer, or its successors and assigns, between the tortoise preserves or where tortoises exist and the private road and/or development in that location prior to construction of the new residential development and /or private roads. 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. PUDA PL 201,1 0100 PL20210001766 Strike through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 31 of 42 i4 SECTION VI DEVIATIONS FROM THE LDC 1. Deviation (1) from LDC Section 2.03.07.D.4.g, which requires TDR credits to be redeemed at a rate proportional to percentage of the PUD approved gross density that is derived through TDR credits and TDR Bonus credits, to allow for use of the PUD's base density prior to the redemption of TDR credits. 2. Deviation (2) from LDC Section 6.06.02.A.2, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks which are internal to the development to be constructed on both sides of local streets, to allow a 6'-wide sidewalk on one side of the street only for streets with homes on one side of the street, and to allow a 6'-wide sidewalk on one side of the main entry road. One canopy tree (or canopy tree equivalent shall be provided per 30 linear feet of sidewalk. Canopy trees located within 10 feet of the sidewalk may count towards a sidewalk canopy tree. 3. Deviation (3) from LDC Section 6.06.01.N, Street System Requirements and Appendix B, Typical Street Sections and Right-of-Way Design Standards, which establishes a 60 foot wide local road, to allow a minimum 4050 foot wide local road for internal rights-of- way (see Exhibit A— PUD Master Plan, Page 2). 4. Deviation (4) from LDC Section 5.03.02.C, Fences and Walls, Excluding Sound Walls, which permits a maximum wall height of 6 feet in residential zoning districts. The requested deviation is to allow a maximum wall height of 8 feet throughout the development, and a 12-foot tall wall, berm or combination wall/berm along Collier Blvd. frontage, the western boundary of Parcel B and the northern boundary of Parcel B where residential tracts abut Forest Glen of Naples PUD. 5. Deviation (5) from LDC Section 5.04.04.B.5, Model Homes and Model Sales Centers, which permits a maximum of five (5) model homes, or a number corresponding to ten (10) percent of the total number of platted lots, whichever is less, per platted approved development prior to final plat approval. The requested deviation is to allow for a maximum of 30 six (6) model homes at any one time per development tract, not to cxcccd 17 model homes within the overall RPUD. As part of the application material for s are in existence so that thy, maxim ,m of 17 model homes is not exceeded. 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 dcviation 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. PUDA PL 2014 0100 PL20210001766 Strike through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 32 of 42 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.G, Buffer Requirements, which requires a fifteen-foot (15') Type "B" landscape buffer where single-family residential uses are proposed adjacent to multi-family residential uses, to allow a ten foot(10') Typo property lines, and where proposed single family dwellings are adjacent to multi family dwellings in Aventine at Naples to the south. no landscape buffer along the western residential tract adjacent to the Parcel A preserves and FP&L easement. 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 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 emer ency vehicle turnaround r appoximately 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 PL 2011 0100 PL20210001766 Str 9ugh text is deleted San Marino RPUD Underline text is added Last Revised:April 17, 2015 August 18, 2022 Page 33 of 42 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 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. PUDA PL 2011 0100 PL20210001766 text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 34 of 42 EXHIBIT A iiJi MAST€R PLAN-R€R-GC-RCR€SO LITIIO 01 27 -i g.,T4 ..„) flip LJ4i ii 1 0....:0',.....4:1.,611.1cl:._,, IPIIIP I • I _: ,I . • I ' L: (>1 / E f ill /VI\,,,..""••,, I i Ittlttl ► * i � I t ► . 1, ,0 / tit41 $ Wt ;t 1$ I , It1t l ► II, '+p • M t i i 010101 ,0g t1 1 ,t1 ►� 1. i 1 '', 0' 10+ 1 ill I . 1 # ° t ' $ � ►t1 111 ,,. 1 . a . 1 t1 tl ►1 tl It i 1 ► ► t 1 >01i,1�t1►tlrtltt1 $ 10111111 y� ltl ►tlt >t ,` 1F' 1 ► l ►` 1 '� t . t t t . t t 1,4 ► 1 ► l� 1 , ltl , l , 11 1 1 $ 1tt1 $ 1 $ 1 $t1 $t1 „' 1s`1 . t 1 $ t t t 1t ! ► l ,`Ittlttl ►ti ►t1 ►.1t, I Ft t t 0 , o tt . . ,. t & 1, .r.eanw. 000001 I Y ..w`—__tvrt.w. N v-,,,, C*aM.iy r. Rm. ►nc tit ..•. gl sxa- ��*..� 1te� �R , jj ,.� rr.. rLM 4Yp1►g7 i". It� i.. ti���r �.� Ei'MI$11 A y"'"..111i.t' ^'—"rri.5�r,u. PUDA PL 2011 0100 PL20210001766 Stri-ke-t #h text is deleted San Marino RPUD Underline text is added Last Revised:April 17, 2015 August 18, 2022 Page 35 of 42 CA "0 "0 N a) _g.2 .1- a) 4?, 46 (7) co -lo 0 Cl) cn .......0.-.........., trZ,Vs II(41 1441 I 4 I I I 4 i°' I I 144 1144-ZCZ 161Z1•A V I t049441Z II4 T.)"144011,1 . CI) ._. O) 0.41 sort.1 1114,111.11kt A II)6 X01 VI IN 1,..A 1 I t(),St r 'fol,.1.01filotretss INNS Tit 1 X CI) co 0,p,.-‘,,,,..4.1fINUM III VOIXI)LI S I WWI ID -.—' mg 1111.WOO WWI VINO/I W.? MI guns i 1.)In 1 ivwxssi tom r,c),- ..— a. Vc114,I 11 A.INIKI) 19i soc 11 .)TI.ONRIVIN NVS US 9NitillNI9N1 ,...purge waxer..AAVIIIII461 rye.., P.PI V fl f 1114 44‘03 4 01.1:114 1101 aTiVdAlld C d0001VM V ileIFIXA - NiVld IIHISVIN and Gild ONIIIVIAI NVS c 8 _ KOMIAVN MU WWII 441011.4 1..I I I IV Kill IA SI N3VIVIO0 4.114400 ONV INIIID H 1,1 03S1434 ZZAIZVO R SIN344404 A14noa Had 03SIA48 nose -tau mans-Num, a4ezitt . S...i.,IN I 1 III 4V 1,1 e , 1;111111 0 6 g;,... ,_- , 2.1,. s' 8 _,i4g. 6 c9:f Lk' Lui[S L' g59 al§ 1 iT.ng a....J a. ...Kw a OW al- I ,9 IfIlata :1 51-1 — --' ri6w'or'ele I .0 V,'I z , gi LW < 0 Cr 1) a9vrj ,4 1 t a L i k. —4.-• e g I r 1 lf ‘,...,1 4 31 1 1 41 1 I 1 ) 1 4 / '6g.1 1 ) \1 iiiiilli 1 1 1 A •4( 5,' ;' 1 _ —.I A , <I O. — , 1-4 11 ' t l\ 1 i--1 . /\ 1 ,....,1_.. , _ _ _,,_ .._ ...... A -I , <' , — ' 03 0 4 111 '' Z > i ; \ . 1 i\ '-'1 . -...`::' 41 .,; W 0 rr 1 ., ( , . 1 i ..' e -4 .., 1 -1 1 A a 1 "I ' i° cir! i 4 r s ), e ri— ----e \ > ". ( r Y ''s .4" g /I ,- 1 `i /\ >,, ' 1 : ,-.--1- )r-c lei I ii 'ei ,b, . , , ,,i, ,,<,,,, , a5 ic.z /' .,,)• i 41 a ff•a , a hiN i...,,,1 e41',i,.,j1 i i ' , ,,,< , I , . •,S.1.. 12 2 /. kl te ; e ') U.- 1,,,....13 r, - -- . 410 . ;t. 3.. .j , C•J ' C\I (NI i4 liAt f ' ic , r-- 1 1 CD VA-111 iI3M02 P- . 'fi ' I o I — - 0 _ . XIAll warm) cN ,. r; c., i 1 r s I 1 - ) r. Lin 'i- 0 4 1 2 i I 2 4 l' -J 21,',/ A 4 7 c.- F. CL 2!,3-' gt Lu ;;EvPi ii- !,'121 1 111 11124! 5IA , w !1iitl ,I..". , 11, I ii, A; ; D .e 1 cx -ci 0 a) 6.0 Lo tomogeemeld tuenn3klow 1.0 1.00-91161‘111111103 6601.Ma43161.11002 V 6ulutietri(uattl molltAA-outiotAi oeS)1.00-91,01040hp ia . .-;...2 a5 a) — c co 03 co cn —J CI t.—/c-,, 17 "CS N (1) 8) 'ct a) D O a) 07 73 N Cr) •aw.wrWw«wa.r1>ira LZIK*tXi 3RJi111"111 4dO4 134111i IAS-Zrc lb£LI:XVd 641£9'118L 16£T)3NONd to ' MMt4M3HiH ttttSO16L 0 N wl�e vta.wr rlw 311t):70)1 V'1'W N.(3i111 .)VI � tol01Q'S9R6 iA'FVN TOJ fill PE V9R1CYld'>:aIdVN X rn OKWM.swa »rwoaparc 101-111I1S':�9J71p 1VNCMS0d1O1ld 6t4L x a) f0 %4111101I 'A1Nf10;� +-' 0_ ,,V...„N,I....,K 39Z sl1> 11 DTI'omnivYL NYS as 9N]�1N19 ,.. u.a.,,,uo ,���;,�K�.... 'il9NVa .Il '1A% Nr7lL)0 :mu1Q3k1Vd3k(d JOLIU1VM V iialhIXH-NVId1.13.1SVV4 Gila and©N11.1VIN NVS o - aa-oAV N:NO di15V8 S?1(II.I VA I I I I VJLI)1 IA SiN31W O3 ALNn0'J ONV L".3110 aid 03SIA3a ZZRZRo SD01 WIO0 AtN1100 t13d 03SIAFla ZZR'o.so 1KuIWllnS 1VILINI Walt SNI S 1S Lt-n1 NV LI I- 9 b_ ul u_ E " a z 0 z 4 O J 1- ci N W 0 �p2 : IH � W V u"7, ; N m N- ro ❑iraaE" ry N 1` r Q 2, H W m a a a� M UJp 1uo1- LL LLziWap W42 �d.16F5 ww 1-p O a uowwm>w Q u O 4 X x ,O N H o�w~~OUp ¢ W U❑W Q2y- V 03 Z } a w L�ZUd' ZVI ui� w H I w a ¢ aUa0A23F W cc 4 0. O O 0 I-Oa 007441 H 2 2,igrr*r S' h al l o CLUU ot , } W w ❑ ¢ .-C) N U a ¢ 4 O N g N Nol 0 9 a of u1 °- cv `1' N 0 z a ¢ 0 V pD W V IN C)O O N g T W N o N - 0• N• W -I C d O w N W a UCL a U W• a w O W ¢ a o 6 LTw a P. a O -a O 0 C .N BMPLa10t0090814�1dµ1al01041OVVLO-l00-S48\Gm!Wx3'aSaMeicauluoZg8wuueld(U NllM-0Uue14 Ms)t00-9D'6tsp4144,9 •(6 5 2 CC To co co l 9U 'd a N a) N d• N a O N ea Cl) co ...+u...�www:'n•I Lent UN3SN3'1111 Z30L 113Ki N •- �a vWW,W4-19,0W, I',Ifl.losy1'IN NATi(1 11VT 11'�W9 o91"ti '3WVNTIL1 01010 19Sf iEL l6EL)1CVd MUS99Yi 16fi1�3NUHd X ..1 a emmorleMw ti116t V(1010•f3•S:41.1VN pl WIN••IAN pM,,Wales ow W Y(LaU,l.l 'A W Iol aunS 3'10)11.3 IVNoissai0nd 6E9z a) a 39,7 soc 1) DTI`ONIIMAI!\VS(IS 9N1L133N19N3�' .w. . r.,.,;., ,..,....�..,�.,. 3uNva aids10101 NOLLIIs :anjaiAvaaad OI dOHVM v ireiu-ixa- NYld IRA Sdw and and °NF 1VI INNS 8- 88•(1AVN,NO03SVF)SNOI.LVA9T3 1V31.1.11aA SiN3311VDD Al NI1OD ONV LN3113 d3d a3S1A36 i&46NO S1N3I I4 A1NfO3 did Q3SIA38 LZItZ.10 T'L wens 1VI11NI IVZZAk • SNI)ISI.\:•:l1 NV IF I- b W CC ^^ O - 7 IUZ V) y r 54 2.. -1§a $ I� ' ;g N 2 5 b_ ro E 4c a, o n o _ d-,0 09 ..§ 2 H 71.V a c e " y c O.� N 2 6 $ t o C-A Cm E n ,t. 8 qz . :Co Z . aE� g 13 i'q 48 ua c , ec q.lsm.9sn 3 o �, cm e.. m 6rjir= .`ma _n � ro q�Q 2 gt gv 88�'0`nQ o12- u4 0nc<�'.� oP ono -1 Ytl%5 d .5E 9vttf:a ta :0 g 't W Y o 4 A 6 o a 1 n G c : i°o m o -€ a , ��°,V uQ uw :.3n o � w o •$ 4 200 EoQ oo °'aog p 5 b' ui LV is Q OJ E Iai u w 6 E c e Qc p E '.c, S: Tom$ I£n 6 c 5 u=7' gYa`a 5 'tEt- 1 -T', t u °.'el �i '✓a t'.. E l DEB S • �TtRileh 2g • Inmbgd : 11ig g2yi° JY a v ' �8 � . e ?3 0 5`�E^-,-0 t `J. C .-'A J P-4 C� y"A r .$ m c b a 8°";1 3 E a d $§ii O t$43 5 ;i° o 8. 2 m 8 ` Y�`' � = w i3& 9. �e.d g ie Sv m F•mL .fiya.g o�s3"ae ur`0A0.- Eo3 B'E p a.;,.-0 Vol? e- ?_g o v '^ S p a y k l 8 U Gt 4 .10`9� 4 .g. - '1 0 4 $ £ . .. . 0.0 7.6.g. A J_U •FCF'E q z o K 0 CI C C 5 g8g;sc EmgA" ElEgg 3g4Ic TB cis ~ b E = ne'- EE E a,n , 9ro b� ziio Ed 3 .R E o `'` tEIst. g86 ' akaeu b 5� fi Ea ,o # ue a .5a h I° cc m1o$ 'u 5 ° ` " Ag'osws- a ° of ` �a m.$ '�$u 9, A. raBF 3 riA N`o �1.'4 � BA>S uR7'xso 808 �0 0 y7f oo RR v.v. N g4 3wa'3oE Pw �co 7te9}m �E �- E ., g .a 8.195 ?a_� g N ' u 5ryvgot my iF §' Ii8C„r.-1 a L !n; o c ; Ez• c isA Cc g O '94 71 b C?. 11 ;pC d mK u . n c. 'C i..,-7, ,?}a� a up 4 m? ', '' i&q „3� ro', Eio5m8 gofi � •e cox f ,, 075-B. 63 . o K `8 04, rg0 ..9 o E'yr.Y n $EB a n E uO E L OCE -mEg E _° rvC ro L 8_5 m e (Qyl�ICCp L�tt ' g pa 'n y 5 n FV GC D ICJ �' �Sg ia. „1u.t' t p E u 8o t E 8, .g'9 ,,20 *Finn ,8 5�� ' °'W O cum 139.o$y a. .1, 0 €m0Eac�no o c Wy ° 0 o m R EnQ'c, Eau '?3.aE `,�is •L,,,sob2p' Zpdp-E. - u 18-„,--ioi;tio a� EE° ".i J C_Yi' r�I gic3 �j�Bnm o -.1"ac� ,nn� o'°°' c of o Ccbm�1' S' �- Hti o8191 b0..s6; 2 0.21 mo" .-. a ou feen 'o K0 R;ow$3,sox .. 2 d 0 iv ri a vi ', n m W -p O N C •N 6nN OO R01019v6\suekl lualmy\d0N1 10-10 Q 9v615y0u1.3i6:u.,e,p.,Bawoz g 6 uueld lima MOM-oisv u6S)1009r d,V9 81G oJ 'C C w J a 0 EXHIBIT GB LEGAL DESCRIPTION DESCRIPTION AS SUPPLIED BY THE CLIENT THE NORTHEAST 1M OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THE NORTHWEST 1/4 OF THE NORTHEAST 1/1 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA. THE SOUTHWEST 1/4 OF THE NORTHEAST 1/1 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THE SOUTHEAST 1/1 OF THE NORTHWEST 1/1 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/1 OF THE NORTHWEST 1/1 OF SECTION 11, TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LESS THE WEST 100 FEET FOR ROAD RIGHT OF WAY. THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LESS THE WEST 100 FEET FOR ROAD RIGHT OF WAY. THE NORTH 1/2 OF SOUTH 1/2 OF SOUTHWEST 1/4 OF NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LESS THE WEST 100 FEET FOR ROAD RIGHT OF WAY. THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 11, COLLIER COUNTY, FLORIDA. SUBJECT TO: THE RIGHT OF WAY TO SR 051 AND TO A FLORIDA POWER AND LIGHT COMPANY EASEMENTS. of D of 201 ,_n,00 PL20210001766 Strike through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 39 of 42 THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO: THE RIGHT OF WAY EASEMENT TO SR 951 AND TO A FLORIDA POWER AND LIGHT COMPANY EASEMENTS. THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: LESS AND EXCEPT THE WEST 100 FEET FOR C.R. 951 GHT-OF WAY. THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLLIER COUNTY FLORIDA. LESS THE WEST 100 FEET. THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/1- OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LESS AND EXCEPT THE WEST 100 FEET FOR C.R. 951 RIGHT OF WAY. THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/1 OF THE NORTHEAST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/M OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 LESS THE WEST 30 FEET AND THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/Ml OF THE NORTHEAST 1/4 LESS THE EAST 30 FEET. BEING PART OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA. NOTES: BEARINGS ARE BASED ON THE WEST LINE OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AS BEING PUDA PL 201,1 0100 PL20210001766 Strike through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 40 of 42 N00*,8*E. WHICH IS NORTH AMERICAN. DATUM OF 1983, 1990 ADJUSTMENT. STATE PLANE COORDINATE SYSTEM FOR � � � CO 1 fr/1TC'p'T�rCfVTTVTT THE FLORIDA EAST ZONE. PARCEL-CON-TAI-NS-1-0.25n 859 SQi inRE FEET OR 235.33 ACRES, MORE OR LESS. 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 87°30'06" WEST, ALONG THE SOUTH LINE OF LAST SAID FRACTION, A DISTANCE OF 504.61 FEET TO THE SOUTHWEST CORNER LAST SAID FRACTION, THE SAME BEING THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 14. TOWNSHIP 50 SOUTH, RANGE 26 EAST, SAID COLLIER COUNTY, FLORIDA: COURSE NO. 2: SOUTH 87°28'42"WEST, ALONG THE SOUTH LINE OF LAST SAID FRACTION, A DISTANCE OF 1,336.55 FEET: COURSE NO. 3: NORTH 00°47'14" EAST, 671.39 FEET: COURSE NO. 4: SOUTH 87°27'14" WEST, 668.22 FEET: COURSE NO. 5: NORTH 00°47'37" EAST. 671.11 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 11; COURSE NO. 6: SOUTH 87°25'45"WEST. ALONG THE SOUTH LINE OF SAID SECTION 11. A DISTANCE OF 668.16 FEET TO THE SOUTH 1/4 CORNER OF SAID SECTION 11, ALSO BEING THE NORTH 1/4 CORNER OF SAID SECTION 14; COURSE NO. 7: CONTINUE SOUTH 87°25'45" WEST, ALONG THE SOUTH LINE OF SAID PUD of 201'l 010n PL20210001766 Strike through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 41 of 42 OyJ SECTION 11, A DISTANCE OF 1,336.32 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 11; COURSE NO. 8: NORTH 00°49'13" EAST. ALONG THE WEST LINE OF LAST SAID FRACTION, A DISTANCE OF 342.92 FEET: COURSE NO. 9: SOUTH 87°28'56" WEST. 1,235.95 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF COLLIER BOULEVARD (COUNTY ROAD 951): THENCE NORTH 00°50'45" EAST, ALONG SAID EAST RIGHT-OF-WAY LINE. A DISTANCE OF 3,785.08 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 11. THENCE NORTH 88°04'51' EAST, ALONG THE SOUTH LINE OF LAST SAID FRACTION, A DISTANCE OF 1,234.37 FEET TO THE SOUTHEAST CORNER OF LAST SAID FRACTION: THENCE NORTH 00°49'48" EAST. ALONG THE WEST LINE OF LAST SAID FRACTION, A DISTANCE OF 1,371.98 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 11. THE SAME BEING A POINT ON THE BOUNDARY OF AFORESAID FOREST GLEN OF NAPLES PLAT: THENCE RUN THE FOLLOWING TWO (2) COURSES ALONG THE BOUNDARY OF SAID PLAT: COURSE NO. 1: NORTH 88°17'57" EAST, ALONG THE NORTH LINE OF LAST SAID FRACTION, A DISTANCE OF 1,333.82 FEET TO THE NORTH 1/4 CORNER OF SAID SECTION 11; COURSE NO. 2: NORTH 88°17'50' EAST, ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 11, A DISTANCE OF 2,667.29 FEET TO THE POINT OF BEGINNING. CONTAINING 35,876,756 SQUARE FEET OR 823.617 ACRES, MORE OR LESS. PUDA PL 201, 0100 PL20210001766 Strike through text is deleted San Marino RPUD Underline text is added Last Revised: April 17, 2015 August 18, 2022 Page 42 of 42 MI sii, if• 40 FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State 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, 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