HEX Final Decision 2023-29 INSTR 645773R OR 6291 PG 15:15Q
RECORDED 9/27/2023 4:10 PM PAGES 17
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$146.00
HEX NO. 2023-29
HEARING EXAMINER DECISION
DATE OF HEARING.
August 24,2023
PETITION.
Petition No. PDI-PL20230007509 — Lord's Way - Request for an insubstantial
change to Ordinance No. 14-11, as amended, the Lord's Way 30 Acre Residential Planned
Unit Development (RPUD) by modifying Deviation No. 4 to allow the existing 5-foot-wide
sidewalk instead of an 8-foot-wide sidewalk on one side of Sapphire Cove Drive adjacent to
the preserve area. The subject PUD is located at the south side of Hacienda Lakes Parkway
and ±0.4 miles east of Collier Boulevard in Section 14, Township 50 South, Range 26 East,
Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The applicant is requesting to allow the existing 5-foot-wide sidewalk instead of an 8-foot-wide
sidewalk on one side of Sapphire Cove Circle adjacent to the preserve area.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 of the Collier
County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the
County Administrative Code.
2. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
3. The public hearing was conducted electronically and in-person in accordance with
Emergency/Executive Order 2020-04.
4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi-Judicial
Public Hearing Waiver related to conducting the public hearing electronically and in-person.
5. The NIM was advertised and held on Tuesday,June 27,2023,at 5:30 pm, at the Collier County
South Regional Library, Meeting Room A, at 8065 Lely Cultural Parkway #9005,Naples, FL
34113. There were zero (0) members of the public present, and zero (0) who participated
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remotely on Zoom. There is no copy of the transcript since the meeting adjourned 15 minutes
after the scheduled start time.
6. The County Staff presented the Petition followed by the Petitioner and/or Petitioner's
representative, public comment and then rebuttal by the Petitioner and/or Petitioner's
representative. There were no objections at the public hearing. The President of Sapphire Cove
Homeowner's Association submitted a letter of no objection on behalf of the Association.
7. The County's Land Development Code Sections 10.02.13.E.1. and 10.02.13.E.2 lists the
criteria for an insubstantial change to an approved PUD ordinance. The Hearing Examiner
acting in the capacity of the Planning Commission shall make findings as to the original
application with the criteria in Land Development Code Sections 10.02.13.E.1. and
10.02.13.E.2.1
LDC Section 10.02.13.E.1 Criteria:
1. Is there a proposed change in the boundary of the Planned Unit Development(PUD)?
The record evidence and testimony from the public hearing reflects that the request will
not impact the existing RPUD boundary.
2. Is there a proposed increase in the total number of dwelling units or intensity of land use
or height of buildings within the development?
The record evidence and testimony from the public hearing reflects that the request will
not increase the proposed buildings'approved density, intensity, or height.
3. Is there a proposed decrease in preservation, conservation, recreation, or open space areas
within the development in excess of five (5) percent of the total acreage previously
designated as such, or five (5) acres in area?
The record evidence and testimony from the public hearing reflects that the request will
not decrease preserve, conservation, recreation, or open space areas.
4. Is there a proposed increase in the size of areas used for non-residential uses, to include
institutional, commercial, and industrial land uses (excluding preservation, conservation,
or open space), or a proposed relocation of nonresidential land uses?
The record evidence and testimony from the public hearing reflects that the request does
not impact the size of non-residential areas or propose to relocate such areas within the
RPUD boundary.
5. Is there a substantial increase in the impacts of the development which may include, but
are not limited to increases in traffic generation; changes in traffic circulation; or impacts
on other public facilities?
1 The Hearing Examiner's findings are italicized.
Page 2 of 5
The record evidence and testimony from the public hearing reflects that the request will
not result in a substantial increase in the impact of the development.
6. Will the change result in land use activities that generate a higher level of vehicular traffic
based upon the Trip Generation Manual published by the Institute of Transportation
Engineers?
The record evidence and testimony from the public hearing reflects that this request will
not generate a higher level of vehicular traffic. No change in land use activities or
intensities is being requested.
7. Will the change result in a requirement for increased stormwater retention, or otherwise
increase stormwater discharge?
The record evidence and testimony from the public hearing reflects that the request will
not increase stormwater retention requirements or increase stormwater discharges. The
request will reduce the impervious area by reducing the amount of concrete along
approximately 600 feet of roadway.
8. Will the proposed change bring about a relationship to an abutting land use that would be
incompatible with an adjacent land use?
The record evidence and testimony from the public hearing reflects that the request will
not modify any existing uses or intensities that would impact any surrounding land uses or
that would be incompatible.
9. Are there any modifications to the PUD Master Plan or PUD document or amendment to a
PUD ordinance which is inconsistent with the Future Land Use Element or other elements
of the Growth Management Plan or which modification would increase the density of
intensity of the permitted land uses?
The record evidence and testimony from the public hearing reflects that the request does
not impact the project's compliance with the Growth Management Plan (GMP).
10. The proposed change is to a PUD District designated as a Development of Regional Impact
(DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change
requires a determination and public hearing by Collier County pursuant to Sec. 380.06(19),
F.S. Any change that meets the criterion of Sec. 380.06(19)(e)2.,F.S., and any changes to
a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed
and approved by Collier County under Section 10.02.13 of the LDC.
The record evidence and testimony from the public hearing reflects that the RPUD is not
within a Development of Regional Impact.
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11. Are there any modifications to the PUD Master Plan or PUD document or amendment to a
PUD ordinance which impact(s)any consideration deemed to be a substantial modification
as described under Section(s) 10.02.13 E.
The record evidence and testimony from the public hearing reflects that the request is not
a substantial modification to the RPUD and may be processed as a PDI pursuant to the
LDC and Administrative Code.
LDC Sec. 10.02.13.E.2 Criterion:
1. Does this petition change the analysis of findings and criteria used for the original
application?
The record evidence and testimony from the public hearing reflects that the proposed
petition has not modified the original analysis of findings and criteria. No change to the
permitted land uses, intensities, or design standards is being requested as part of the
petition. The dwelling units are located on one side of the road where the internal loop
road is adjacent to the preserve. Current circumstances provide further justification
provided that the development is now built out with only six single-family residential lots
located across from the preserve area as well as a wall between the internal loop road and
the preserve area, limiting the amount of pedestrian traffic generated in this area.
ANALYSIS.
Based on a review of the record including the Petition, application, exhibits, the County's staff
report, and hearing comments and testimony from the Petitioner and/or the Petitioner's
representative(s), County staff and any given by the public,the Hearing Examiner finds that there
is enough competent, substantial evidence as applied to the criteria set forth in Sections
10.02.13.E.1 and 10.02.13.E.2 of the Land Development Code to approve the Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number PDI-PL20230007509, filed by
Josephine Medina, AICP, LEED of Green Assoc. RVi Planning + Landscape Architecture,
representing Lord's Way 30,LLC.with respect to the property as described in the Lord's Way 30
Acre Residential Planned Unit Development(RPUD), Ordinance No. 14-11, as amended, for the
following:
• An insubstantial change to Ordinance No. 14-11, as amended, the Lord's Way 30 Acre
Residential Planned Unit Development (RPUD) by modifying Deviation No. 4 to allow
the existing 5-foot-wide sidewalk instead of an 8-foot-wide sidewalk on one side of
Sapphire Cove Circle where adjacent to the preserve area.
Said changes are fully described in the PUD Language Changes attached as Exhibit "A" and the
Deviation 4 Limited attached as Exhibit"B" and are subject to the conditions below.
Page 4 of 5
ATTACHMENTS.
Exhibit A—PUD Language Changes
Exhibit B—Deviation 4 Limit
LEGAL DESCRIPTION.
See Ordinance No. 14-11, as amended
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. The proposed sidewalk PUD Insubstantial Change is limited to the area more specifically
illustrated on Exhibit`B" dated August 22, 2023.
DISCLAIMER.
Pursuant to Section 125.022(5)F.S., issuance of a development permit by a county does not in any
way create any rights on the part of the applicant to obtain a permit from a state or federal agency
and does not create any liability on the part of the county for issuance of the permit if the applicant
fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law.
APPEALS.
This decision becomes effective on the date it is rendered.An appeal of this decision shall be done
in accordance with applicable ordinances, codes and law.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES
AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR
VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE
NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES.
.9
September 22, 2023
Date Andrew Dickman, Esq., AICP
Hearing Examiner
Page 5 of 5
EXHIBIT "A"
EXHIBIT A
LORD'S WAY 30 ACRE RPUD
PERMITTED USES
1. RESIDENTIAL/TRACT R
No building or structure, or part thereof, shall be erected, altered or used, in whole or in
part,for other than the following:
A. Principal Uses:
1. Single-family detached dwellings.
2. Single-family attached dwellings.
3. Two-family and single-family zero lot line.
4. Townhouse and multi-family.
5. A recreational building or clubhouse, with typical accessory recreational
facilities shall be permitted which serves the residents and their guests.
The location of such recreational building and facilities shall be denoted
on the first subdivision plat or Site Development Plan for the project, as
the case may be, prior to sale of any platted lots or condominium units.
6. Any other principal use, which is comparable in nature with the foregoing
listed of permitted principal uses, determined by the Board of Zoning
Appeals ("BZA") or the Hearing Examiner ("HEX") by the process
outlined in the Land Development Code("LDC").
B. Accessory Uses:
1. Accessory uses and structures customarily associated with principal
residential uses permitted in this RPUD, including recreational facilities,
such as swimming pools and screen enclosures.
2. Essential services as set forth under Land Development Code, Section
2.01.03.
3. Guardhouses,gatehouses and access control structures.
4. Temporary construction, sales and administrative offices for the developer
and developer's authorized contractors and consultants, including
necessary access ways, parking areas, and related uses, subject to the
procedures for a temporary use permit provided in the Land Development
Code.
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EXHIBIT "A"
2. PRESERVE/TRACT P
The minimum required native vegetation preservation is 2.73 acres (25%of 10.93 acres of
existing native vegetation). The "P" Preserve Tract provides for the preservation of 3.51
acres of native vegetation.This exceeds the minimum required amount of native vegetation
preservation by 0.78 acres.
3. MAXIMUM DWELLING UNITS
The maximum dwelling units shall be seventy-five (75) provided that 30 of the maximum
75 units are obtained through a transfer of development rights in accordance with the
requirements set forth in the LDC and GMP(Growth Management Plan).
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EXHIBIT B
LORD'S WAY 30 ACRE RPUD
Exhibit B Table 1 below sets forth the development standards for land uses within the RPUD Residential
Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the
Land Development Code in effect as of the date of approval of the Site Development Plan or Subdivision
plat.
DEVELOPMENT STANDARDS TABLE 1
PERIMETER PUD SETBACK:The perimeter PUD setback shall be,at a minimum,equal to the required width of perimeter landscape
buffers.
PLATTED RESIDENTIAL OR AMENITY CENTER LOTS
DEVELOPMENT SINGLE- SINGLE-FAMILY TWO-FAMILY& TOWNHOME or CLUBHOUSE!
STANDARDS FAMILY ATTACHED SINGLE-FAMILY MULTI- RECREATION
ZERO LOT LINE FAMILY BUILDINGS
PRINCIPAL STRUCTURES
MINIMUM LOT AREA 4,800 S.F.PER 1,800 4,000 10,000 N/A
UNIT S.F.PER UNIT S.F.PER UNIT S.F.PER BLDG.
MINIMUM LOT WIDTH 40 FEET 30 FEET 40 FEET N/A N/A
MINIMUM FLOOR AREA 1,200 S.F 1,200 S.F PER 1,200 S.F.PER 1,000 S.F.PER N/A
UNIT UNIT UNIT
MINIMUM FRONT YARD 23 FEET' 23 FEET' 23 FEET1 23 FEET N/A
MINIMUM SIDE.YARD 6 FEET 0 OR 6 FEET2 0 OR 6 FEET2 0 or 15 FEET 20 FEET'
MINIMUM REAR YARD 10 FEET 10 FEET 10 FEET 10 FEET 15 FEET3
MINIMUM PRESERVE 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET
SETBACK
MINIMUM DISTANCE 12 FEET 20 FEET 12 FEET 20 FEET 12 FEET
BETWEEN STRUCTURES
MAIMUM BUILDING 35 FEET NTE 35 FEET NTE 35 FEET NTE 50 FEET NTE 35 FEET NTE
HEIGHT-ZONED 2 STORIES 2 STORIES 2 STORIES 4 STORIES 2 STORIES
MAXIMUM BUILDING 42 FEET 42 FEET 42 FEET 57 FEET 42 FEET
HEIGHT-ACTUAL
ACCESSORY STRUCTURES
FRONT SPS SPS SPS 23 FEET SPS
SIDE SI'S SPS SPS SPS SPS
REAR4 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET
PRESERVE SETBACK 10 FELT 10 FEET 10 FEET 10 FEET 10 FEET
MAXIMUM HEIGHT S.P.S. S.P.S. S.P.S. S.P.S. S.P.S.
ZONED&ACTUAL
NTE=Not to Exceed;S.P.S.=Same as Principal Structures;BLDG.=Building;S.F.=Square Feet;N/A=Not Applicable
General:Except as provided for herein,all criteria set forth in Exhibit B below shall be understood to be in relation to individual parcel or
lot boundary lines or between structures.Condominium and/or homeowners'association boundaries shall not be utilized for determining
development standards.
Footnotes:
Lots fronting on two streets shall provide a full front yard setback along the street with the shorter frontage,and a minimum 10' front
yard setback along the other street frontage. Front entry garages shall be at least 23 feet from back of sidewalk.Where side entry garages
are provided,the driveway shall be designed in such a manner so that a parked vehicle shall not conflict with the sidewalk,however,in no
case shall the front setback be less than 10'.
Page 3 of 11
2 6' minimum side setbacks for single-family attached, two-family and single-family zero lot line must be accompanied by another 6'
minimum side setback on adjoining lot to achieve minimum 12'separation.
3 Should an"Amenity Center/Clubhouse"be constructed,it may be partially constructed up to lake edge and a deck area may extend into
(over)the lake, in accordance with the permit requirements or limitations of the South Florida Water Management District.Should the
Amenity Center/Clubhouse be constructed up to lake edge,or contain a deck area extending(over)the lake,the normally required buffer
area and landscape plantings shall redistributed to the other buffers on the Amenity Center/Clubhouse site.Refer to Deviation No.5.
Rear yards adjacent to the Lake Maintenance Easement(or tract)or adjacent to a perimeter landscape buffer shall not be subject to the
rear yard accessory structure setback.
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ZONED: I.1PUD
30' R.O.W. RESERVATION BY ADJACENT PROPERTY ---
EXISTING OWNER FOR FUTURE ROADWAY EXPANSION L.
GRAVEL ROAD
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. MAXIMUM PERMITTED DENSITY= ,*DENOTES LOCATIONS OF PUD
75 UNITS DENATIONS 1, 3 AND 4.
NATIVE VEGETATION & OPEN SPACE DEVIATION 2 1MLL OCCUR
LAND USE SUMMARY Existing Native Vegetation. 10.03.Ac. THROUGHOUT PUD AND
Required Native Preservation . DEVIATION 5 MAY OCCUR IN
DESCR Pf11R1 Ac.' Pct. 25(of (dieting Native Vegetation
R1S1011EIAL (TRACT 'R'1 18.54 61.3'. 10.03 a 0.25 • 2.73i Acres Required Native A TO BE DETERMINED
ROA06AY (TRACT 'nod') 3.7'J 12,4'. Vegetation Provided• 3,51t Ac.* AMENITIES SITE LOCATION.
PRESERVE (TRACT 'P') 3.51 11.6. Open Spice Required -604 of Grose Area
LAKE(TRACT 'L') 4.31 14,4 30.13 a 0.0 • 18.08• Acres Required
EASEMENT (C.U.E.1 0.04 0.1 Open Space Provided 18.08• Acres *
TOTAL 30.13 100.0. *Ai a Minimum
MS9� Encore CNEO(ED AT o PROJECT Nor
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H.\201312013023\WP\POST CCPC1Lord's Way 30 Acre RPUD(PUDZ-PL20I30000827)I-17-2014.docx
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6' MIN. FOR SINGLE FAMILY DETACHED, 6' MIN. 6' MIN.
0' OR 6' FOR SINGLE FAMILY
ATTACHED, TOWNHOUSE, TWO—FAMILY
AND SINGLE FAMILY ZERO LOT UNE.
6' MIN. SIDE YARD SETBACK MUST BE I
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ACHIEVE MINIMUM 12' SEPARATION.
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23' MIN. FOR FRONT—ENTRY GARAGE I- p 1
MAY BE REDUCED FOR SIDE ENTRY
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IN NO CASE SHALL THE FRONT j R.O.W. UNE
SETBACK OF A SIDE ENTRY GARAGE IBE LESS THAN 10'. __ y—
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ROADWAY
01/14/2014 SIDEWALK
12/13/2013 -- -- --
09/25/2013 NOT TD SCALE
11111101 950 Encore 110
LOF 9 WAY 90 Ac MD °"`"wi. "aolam,
Naples,FL.3410
Phone:(239)2542000 TYPICAL R DRAMA sr; CA0 nu NAME
HOLE MONTEB Florida C•r06cN•01 i�� LOT LAYOUT "'�'J'/J0" '°=&LOT
Bl1i•11 MUIS Authorization No.1772 CEMENT C-2 DATE: aHimT-ITw
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Page 7ofI1
EXHIBIT D
LORD'S WAY 30 ACRE RPUD
LEGAL DESCRIPTION
Parcel 1
The West %Z of the East 'h of the Northeast '/4 of the Southwest '/4 of Section 14,Township 50
' South, Range 26 East,Collier County, Florida.
Parcel 2
The East 1/4 of the East %of the Northeast 1/4 of the Southwest 1/4 of Section 14,Township 50
South,Range 26 East,Collier County, Florida.
Parcel 3
The East'/2 of the West '/z of the Northeast '/4 of the Southwest '/4 of Section 14,Township 50
South, Range 26 East,Collier County, Florida.
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EXHIBIT E
LORD'S WAY 30 ACRE RPUD
LIST OF REQUESTED DEVIATIONS FROM LDC
PRIVATE ROADWAY WIDTH
1. Deviation No. 1 seeks relief from LDC Section 6.06.01, Private Roadway Width, which
requires a 60-foot right-of-way width, to allow that the private roadway shall have a
minimum 42 foot right-of-way width.
DRAINAGE EASEMENT WIDTH
2. Deviation No. 2 seeks relief from LDC Section 6.01.02.B.2, Drainage Easements, which
requires that an easement shall be no less than 15 feet in width to allow for an easement
that is no less than 10 feet in width for storm drainage pipes less than 24" in diameter and
with an invert no more than 6 feet from finished grade. All installations will follow
OSHA and ACPA Standards.
PERIMETER WALL/FENCE HEIGHT
3. Deviation No. 3 seeks relief from LDC Section 5.03.02.0 Fences and Walls and Section
4.06.02.C.3, Types of Buffers, which limit the fence or wall height to 6 feet, to allow a
perimeter wall or fence and berm in combination up to thirteen (13) feet in height,
(including an eight (8) foot fence or wall installed on the perimeter berm, which will be
between 2 and 5 feet in height).
SIDEWALKS
4. Deviation No. 4 seeks relief from LDC Section 6.06.02.A.1, Sidewalks, Bike Lane and
Pathway Requirements, which requires sidewalks on both sides of the street, to allow a
single eight five ($5) foot-wide sidewalk on only one side of a street where the
street is adjacent to the preserve.
AMENITY SITE LANDSCAPE BUFFERS
5. Deviation No. 5 seeks relief from LDC Section 4.06.02.C.2, Buffer Requirements, which
requires a typical Type "B" buffer width of 15 feet, to allow such buffers on the Amenity
Center/Clubhouse tract, if constructed, to be a minimum of 10 feet in width with Type
"B" buffer vegetation installed.
Page 9 of 11
EXHIBIT F
LORD'S WAY 30 ACRE RPUD
LIST OF DEVELOPER COMMITMENTS
1. TRANSPORTATION REQUIREMENTS
A. When the Collier Boulevard at The Lord's Way intersection at CR-951 is
signalized upon meeting warrants, the cost of the signalization of this intersection
will be shared proportionately among the Owner and other developments located
in the area (east and west of C.R.951) and at no cost to Collier County and
without road impact fee credits. These improvements are site-related
improvements and shall not be eligible for impact fee credits.
B. If at the time of application of the first plat or first Site Development Plan (SDP)
for this development, The Lord's Way along the development's frontage is not
improved to County standards for a two-lane paved local road, The Lord's Way
- shall be constructed by the developer to the County's standards for a two-lane
1 paved local road from the eastern terminus of the existing paved The Lord's
Way to a point adjacent to the eastern property line of the development. This
I shall include an eastbound right-turn lane into the development. Stormwater
management for this segment of road shall be accommodated in the stormwater
management system of this development. This shall occur prior to the issuance
of a Certificate of Occupancy (CO) for the first building permit within the
project. These improvements are site-related and shall not be eligible for impact
f.
fee credits.
C. A 6"thick, 5-foot wide concrete sidewalk shall be installed on the south side of
The Lord's Way along the frontage of the development prior to the issuance of the
first CO for any residential building permit within the project.
2. UTILITY REQUIREMENTS
A. The development shall be subject to application for and conditions associated
4 with a water and sewer availability letter from Collier County Utilities Division.
3. PLANNING
A. The developer, it successor or assignee, shall provide to any potential resident a
disclosure statement with respect to the noise that is associated with the Swamp
Buggy Races located at 8250 Collier Boulevard, Naples, Florida within the
Florida Sports Park (within the Hacienda Lakes RPUD) as it relates to the
location of this RPUD. The statement shall disclose that the Florida Sports Park
and Swamp Buggy operations regularly generate noise which may be heard on the
. Lord's Way 30 Acre PUD property, both during the day and into the evening,
including but not limited to, noise from swamp buggy racing, tractor pulls,
festivals, and music concerts. This statement must be presented to the buyer prior
to entering into any sales contract.
Page 10 of 11
1
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B. Within 120 days of approval of this PUD, Owner shall record in the public
records of Collier County a notice of proximity to the Florida Sports Park and
Swamp Buggy grounds. This notice shall disclose that the Florida Sports Park and
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Swamp Buggy operations regularly generate noise which can be heard on the
PUD property, both during the day and into the evening, including but not limited
to, noise from swamp buggy racing, tractor pulls, festivals, and music concerts.
1 The legal description of the PUD shall be attached to the notice.
C. The eastern boundary of the RPUD shall be landscaped in accordance with the
requirements for a Type C buffer.
D. All residential buildings shall be constructed in a manner to provide an exterior
=t ambient sound level reduction of SLR 35 decibels, consistent with the provisions
of LDC Subsection 4.02.06.N.6.g.
4. PUD MONITORING
A. One entity (hereinafter the Managing Entity) shall be responsible for PUD
monitoring until close-out of the PUD,and this entity shall also be responsible for
satisfying all PUD commitments until close-out of the PUD. At the time of this
PUD approval, the Managing Entity is Lord's Way 30, LLC. Should the
£ Managing Entity desire to transfer the monitoring and commitments to a
successor entity, then it must provide a copy of a legally binding document that
needs to be approved for legal sufficiency by the County Attorney. After such
approval, the Managing Entity will be released of its obligations upon written
approval of the transfer by County staff, and the successor entity shall become the
Managing Entity. As Owner and Developer sell off tracts, the Managing Entity
shall provide written notice to County that includes an acknowledgement of the
commitments required by the PUD by the new owner and the new owner's
agreement to comply with the Commitments through the Managing Entity,but the
Managing Entity shall not be relieved of its responsibility under this Section.
When the PUD is closed-out, then the Managing Entity is no longer responsible
for the monitoring and fulfillment of PUD commitments.
5. DENSITY CALCULATION AND TRANSFER OF DEVELOPMENT RIGHTS
(TDR)CREDITS
1.
A. A density calculation and TDR Credit tracking sheet shall be submitted with each
Site Development Plan (SDP) and/or plat for the redemption of TDR Credits
needed for the project.
Page llofII
EXHIBIT " B "
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Suite 305 • RVI23001555 from sources deemed reliable-RV,has not mark
Bonita Springs,FL 34135 independent investlgallon of thew SOW.*
tel:239,405,7777 and no warranty is made as to their accuracy or
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EXHIBIT "B"