CCPC Agenda 09/01/2011 R & GMPCCPC
REGULAR
MEETING
AGENDA
SEPTEMBER 1, 2011
MINUTES & RECOR
AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, SEPTEMBER 1, 2011,
IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY
GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA:
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM.
INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP
ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF
SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR
GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT
SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC
HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY
THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A
MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED
IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE
RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF
COUNTY COMMISSIONERS IF APPLICABLE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY
NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY SECRETARY
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL OF MINUTES August 4, 2011
6. BCC REPORT- RECAPS
7. CHAIRMAN'S REPORT
8. CONSENT AGENDA ITEMS
A. CP- 2006 -11, a petition requesting amendments to the Future Land Use Element (FLUE) and Future Land Use
Map and Map Series (FLUM), and Conservation and Coastal Management Element (CCME), of the Growth
Management Plan, to reconfigure the boundary and increase the size of the Southeast Quadrant of Mixed Use
Activity Center No. 7 (Rattlesnake Hammock Road and Collier Boulevard); Increase the maximum allowable
density that may be achieved within the Urban Residential Fringe Subdistrict (URF) portion of a project lying in
more than one Future Land Use designation through enhanced utilization of eligible Transferable Development
Rights (TDRs); Provide a definitive access provision for a Business Park located in the URF portion of a
project; and, Allow for Native Vegetation Preservation in the URF portion of a project to be shifted to the
RFMUD Sending Lands portion of the project when the required amount of Native Vegetation Preservation is
proportionally increased in the Sending Lands portion of the project — as they relate to proposed Hacienda Lakes
Development of Regional Impact (DRI) and Mixed Use Planned Unit Development (MPUD) requests. The
property is located in Sections 11, 12, 13, 14, 23, 24 and 25, Township 50 South; Range 26 East, and
Sections 19 and 30; Township 50 South, Range 27 East, consisting of 2,262± acres. ADOPTION HEARING
[Coordinator: Corby Schmidt, Principal Planner] (Companion Petitions PUDZ- 2006 -AR -10146 and DRI -2006-
AR -10147 these companion items are continued to the September 1, 2011 meeting)
Page 1 of 3
B. CU- PL2011 -579, Garden Street, a Resolution of the Board of Zoning Appeals of Collier County, Florida
providing for the establishment of a Conditional Use to allow an iron and metal collection and transfer station
(refuse systems) within an industrial (I) zoning district pursuant to Subsection 2.03.04.A.1.c.16 of the Collier
County Land Development Code for property located in Section 36, Township 49 South, Range 25 East, Collier
County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner]
9. ADVERTISED PUBLIC HEARINGS
A. Continued from the July 21, 2011 meeting, during the August 4, 2011 meeting the petitioner continued this item
to the 91112011 meeting:
PUDZ- 2006 -AR- 10146: Hacienda Lakes MPUD -- An Ordinance of the Board of County Commissioners of
Collier County, Florida amending Ordinance Number 2004 -41, as amended, the Collier County Land
Development Code, which established the comprehensive zoning regulations for Collier County, Florida by
amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein
described real property from the Agricultural (A), Agricultural - Special Treatment Overlay (A -ST) and PUD
zoning district (Swamp Buggy Days PUD) to the Mixed Use Planned Unit Development (MPUD) zoning
district for a project known as the Hacienda Lakes MPUD that will allow a maximum of 327,500_square feet of
gross retail commercial floor area; 70,000 gross square feet of professional and medical office space including a
conversion of retail use to professional and medical office; 135 hotel rooms including a conversion to business
park; 140,000 gross square feet of business park or education facility; a public school; continuation of existing
"swamp buggy" attraction and "Junior Deputy" passive recreation; and a maximum of 1,760 residential
dwelling units including conversions to recreational vehicle park and senior housing for independent living,
assisted living and nursing care. The subject property, consisting of 2,262 +/- acres is located on the east side
of Collier Boulevard (C.R. 951) at the intersection of Collier Boulevard and Rattlesnake- Hammock Road
and north and south of Sabal Palm Road in Sections 11, 12, 13, 14, 23, 24 and 25, Township 50 South,
Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, Collier County, Florida; providing
for partial repeal and survival of certain provisions of Ordinance Number 84 -26, for swamp buggy grounds; and
by providing an effective date. (Companion to Petitions DRI-2006-AR- 10 147 and CP- 2006 -11) [Coordinator:
Kay Deselem, AICP, Principal Planner]
B. Continued from the July 21, 2011 meeting, during the August 4, 2011 meeting the petitioner continued this item
to the 91112011 meeting:
DRI- 2006 -AR- 10147: Hacienda Lakes DRI -- A Resolution of the Board of County Commissioners of Collier
County, Florida approving a Development Order for Hacienda Lakes, a Development of Regional Impact
located in Sections 11 through 14 and 23 through 25, Township 50 South, Range 26 East, and Sections 19 and
30, Township 50 South, Range 27 East, Collier County, Florida which will allow up to 1,760 residential
dwelling units including conversions to recreational vehicle park and senior housing for independent living,
assisted living and nursing care, 327,500 square feet of retail use, 70,000 square feet of professional and medical
office including a conversion of retail use to professional and medical office, a 135 -room hotel including a
conversion to business park, 140,000 square feet of business park or educational facility, a public school, and
continuation of existing "Junior Deputy" passive recreation and existing "swamp buggy" attraction; providing
for Findings of Fact; providing for Conclusions of Law; and providing an effective date. (Companion to
Petitions PUDZ- 2006 -AR -10146 and CP- 2006 -11) [Coordinator: Kay Deselem, AICP, Principal Planner]
C. Note: This item has been continued by the petitioner from the August 4, 2011 meeting, then continued from the
August 18, 2011 meeting:
PUDA- PL2011 -703: Pine Ridge Center West PUD -- An Ordinance of the Board of County Commissioners of
Collier County, Florida amending Ordinance No. 2001 -09, the Pine Ridge Center West Planned Unit
Development (PUD) by amending Section 3.3, Permitted Uses; and providing an effective date. The subject
property, consisting of 8.87 + /- acres, is located in Section 18, Township 49 South, Range 26 East, Collier
County, Florida. [Coordinator: Kay Deselem, AICP, Principal Planner]
Page 2 of 3
10. OLD BUSINESS
IL NEW BUSINESS
A. Friendly Reminder - CCPC "Special" meeting for the AUIR/CIE will be on Thursday, September 291h (if
continued; again on Friday, September 30th) and the EAR - Amendments workshop will be on Friday, October
14th (if continued; again on Tuesday, October 18th).
12. PUBLIC COMMENT ITEM
13. DISCUSSION OF ADDENDA
14. ADJOURN
CCPC Agenda/Ray Bellows/jmp
Page 3 of 3
I A
CCPC July 21, 2011 Agenda Item # 9A
continued to CCPC August 04, 2011 — Agenda Item #9A
SEPTEMBER 01, 2011 CCPC CONSENT AGENDA REVIEW
Aizenda Item # 8A
THE CCPC- RECOMMENDED TEXT CHANGES ARE AS NOTED IN THE FOOTER TEXT:
[SEE PGS. #1 AND #S OF THE ATTACHED]
County Clerks Office
4th Floor Administration Building (F)
Attn: Patricia Morgan
Exhibit A
PART ONE of SIX:
Future Land Use Element
URBAN DESIGNATION
A. Urban Mixed Use District
2. Urban Residential Fringe Subdistrict:
CP- 2006 -11
[Insert new language — FLUE Page 29]
The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area
and the Agricultural /Rural Area and comprises approximately 5,500 acres and 5% of the Urban Mixed
Use District. Residential land uses may be allowed at a maximum base density of 1.5 units per gross
acre, plus any density bonus that may be achieved via CCME Policy 6.2.5 (6) b.1., of and either "a" or
"b" below:
a. Up to 2:5 1.0 units per gross acre via the transfer of up to one 1.0 dwelling unit (transferable
development right) per acre from lands located within one mile of the Urban Boundary and
designated as Rural Fringe Mixed Use District Sending Lands except in the case of properties
that straddle the Urban Residential Fringe and the Rural Fringe Mixed Use Sending Lands
designations and meet the other Density Blending criteria provided for in subsection 5.2 of the
Density Rating System which may achieve an additional maximum density of up to 1.3 units
per gross acre Qr all lands designated as Urban Residential Fringe via the transfer of up to 1.3
dwelling units (transferable development rights) per acre from lands located within one mile of
the Urban Boundary and designated as Rural Fringe Mixed Use District Sending Lands, +4
b. In the case of properties specifically identified below, a density bonus of up to 6.0 additional
units per gross acre may be requested for projects providing affordable- workforce housing
(home ownership only) for low and moderate income residents of Collier County, pursuant to
Section 2.06.00 of the Land Development Code, or its successor ordinance, except as
provided for OR paFagFap " " below.
RGt subjeGt te the density rating system, eXGept as speGifiGally previded MR G. below, but are
Within the Urban Residential Fringe, rezone requests are not subject to the density rating system,
except as specifically provided below for the Affordable- workforce Housing Density Bonus. All
rezones are encouraged to be in the form of a planned unit development Proposed development in
the Subdistrict shall be fully responsible for all necessary water management improvements, including
the routing of all on -site and appropriate off -site water through the project's water management
system and a fair share cost of necessary improvements to the CR 951 canal /out -fall system made
necessary by new development in the Subdistrict.
- 1 -
Words underlined are added, word; StFUGk threugI4 are deleted.
Words in red double -un iarline are additions per CCPC Consent approval from 08/04/2011.
Row of asterisks (" "' **** *** `*) denotes breaks in text.
CP- 2006 -11
EN N�
G-. Properties eligible for the Affordable - workforce Housing Density Bonus (home ownership only) will
be specifically identified herein. The actual number of bonus units per gross acre shall be reviewed
and approved in accordance with the conditions and procedures set forth in Section 2.06.00 of the
Land Development Code, except that, Section 2.06.03 shall not apply, and the number of dwelling
units required to be sold to buyers earning 80% or less of Collier County's median income, as
calculated annually by the Department of Housing and Urban Development (HUD), shall be at least
thirty percent (30 %).
The following properties are eligible for an Affordable- workforce Housing Density Bonus (home
ownership only) of up to 6.0 additional dwelling units per acre.
1. Property located on the East side of Collier Boulevard (C.R. 951), approximately ...
PART TWO of SIX:
: ;► ►_ •►
[Insert new language — FLUE Pages 51 — 53]
B. DENSITY RATING SYSTEM
5. Density Blending:
This provision is intended to encourage unified plans of development and to preserve wetlands,
wildlife habitat, and other natural features that exist within properties that straddle the Urban Mixed
Use and Rural Fringe Mixed Use Districts or that straddle Receiving and Neutral Lands within the
Rural Fringe Mixed Use District. In the case of such properties, which were in existence and under
unified control (owned, or under contract to purchase, by the applicant(s)) as of June 19, 2002, the
allowable gross density for such properties in aggregate may be distributed throughout the project,
regardless of whether or not the density allowable for a portion of the project exceeds that which is
otherwise permitted, when the following conditions are met:
2. Density Blending Conditions and Limitations for Properties Straddling the Urban Residential
Fringe Sub - District and Rural Fringe Mixed Use District Sending lands:
(a) The project must straddle the Urban Residential Fringe Sub - District and the Rural
Fringe Mixed Use District Sending Lands;
(b) The project in aggregate must be a minimum of 400 acres;
(c) At least 25% of the project must be located within the Urban Residential Fringe Sub -
District. The project must extend central water and sewer wastewater treatment
-2-
Words underlined are added, words stF Gk thFo gh are deleted.
Words in red double - underline are additions per CCPC Consent approval from 08/04/2011.
Row of asterisks ( ** * ** * * ** * ** * *) denotes breaks in text.
CP- 2006 -11
facilities (from the urban designated portion of the project) to serve the entire project,
unless alternative interim s°weF and water and wastewater treatment provisions are
authorized by Collier County;
(d) The Project is currently zoned or will be zoned PUD;
(e) The density to be shifted to the Sending Lands from the Urban Residential Fringe is to
be located on impacted or disturbed lands, or it is demonstrated that the development
on the site is to be located so as to preserve and protect the highest quality native
vegetation and /or habitat on -site and to maximize the connectivity of such native
vegetation and /or wildlife habitat with adjacent preservation and /or habitat areas;
(f) Native vegetation shall be preserved as follows:
(� The Urban portion of the project shall comply with the native vegetation
requirements identified in the Conservation and Coastal Management Element
(for Urban designated lands), or in the case of projects where the native
vegetation requirement for the Sending Lands portion of the project is the
maximum required 60 percent of the total Sending Land area, in order to
promote greater preservation of the highest quality wetlands and listed species
habitat the required native vegetation for the Urban portion of the project may
be shifted by providing native vegetation preservation in the Sending Lands
portion of the proiect exceeding the 60% maximum preservation requirement as
set forth in subsection (2) below. The ratio for such native vegetation
preservation shall be two acres of Sending Lands (exceeding the 60%
maximum preservation requirement) for each acre below the required amount
of native vegetation for the Urban portion of the project. In no instance shall
less than 10 percent of the required amount of native vegetation be retained in
the Urban portion of the project. Significant Archeological Sites identified by the
State of Florida Division of Historic Resources shall be preserved and cannot
be mitigated for. FeF these_ lands Withi the me ieGt designated as Sendinn the
these �. ����_ '_ Mme. J. ,.���.� .-._. ._..�{.�.�.. � the
nn }iii atinn nresepin� requiFement— s�half be 90% of the eve
.... ,- ..a..a:..... --4. 4- - ,, ---A Gl10% -4: 4.1 -. +- +-[ - ,-;--+ -,-- rJ--innn #orl — Q4;--
YI Mpm
For those lands within the project designated as Sending, the native vegetation
preservation requirement shall be 90% of the native vegetation, not to exceed
60% of the total proiect area designated as Sending, unless the provisions
found in subsection (1) above are met.
Wetland areas that are impacted through the development process, but which
result in enhanced wetland function, including habitat and /or flowways, shall be
considered as part of the native vegetation requirement set forth in this
provision and shall not be considered as impacted areas. These wetland areas
-3-
Words underlined are added, words °+r„^k through are deleted.
Words in red double - underline are additions per CCPC Consent approval from 08/04/2011.
Row of asterisks ( ** * ** * * ** * ** * *) denotes breaks in text.
C P- 2006 -11
and /or flowways may be used for water storage provided that the water
discharged in these areas is pre- treated.
(g) Permitted uses for density blending under this provision include residential
development and associated amenities, including golf courses meeting the criteria for
golf courses within the Neutral area. This provision is not intended to eliminate any
uses permitted within the applicable underlying land use designation.
PART THREE of SIX:
B. DENSITY RATING SYSTEM:
[Insert new language — FLUE Page 50]
2. Density Bonuses
Consistency with the following characteristics may add to the base density. Density bonuses
are discretionary, not entitlements, and are dependent upon meeting the criteria for each
bonus provision and compatibility with surrounding properties, as well as the rezone criteria in
the Land Development Code.
Transfer of Development Rights Bonus
To encourage preservation /conservation of natural resources, density transfers are permitted
as follows:
(c) From Sending Lands located within one mile of the Urban Boundary into lands
designated Urban Residential Fringe, at a maximum density increase of one (1) unit
per gross acre, except for properties that straddle the Urban Residential Fringe and the
Rural Fringe Mixed Use Sending Lands designations, and meet the other Density
Blending criteria provided for in subsection 5.2 of the Density Rating System, which
may transfer TDRs from Sending Lands located within one mile of the Urban Boundary
into lands designated Urban Residential Fringe, at a maximum density increase of 1.3
units per gross acre.
PART FOUR of
I URBAN DESIGNATION
[amend language — FLUE Pages 56 -57]
C. Urban Commercial Subdistrict
1. Mixed Use Activity Center Subdistrict
2. The allowable land uses for a Master Planned Activity Center shall be the same as for
other designated Activity Centers; however, a Master Planned Activity Center
-4-
Words underlined are added, words 6tFUGk through are deleted.
Words in red double - underline are additions per CCPC Consent approval from 08/04/2011.
Row of asterisks ( ** * ** * * ** * ** * *) denotes breaks in text.
CP- 2006 -11
encompassing the majority of the property in two or more quadrants shall be afforded
the flexibility to redistribute a part or all of the allocation from one quadrant to another,
to the extent of the unified control. The maximum amount of commercial uses allowed
at Activity Center #3 (Immokalee Road and Collier Boulevard) is 40 acres per quadrant
for a total of 160 acres maximum in the entire Activity Center; the balance of the land
area shall be limited to non - commercial uses as allowed in Mixed Use Activity Centers.
The maximum amount of commercial uses allowed at Activity Center #7 (Rattlesnake
Hammock Road and Collier Boulevard) is 40 acres per quadrant, except that the
northeast quadrant may have a total of 59 acres and the southeast quadrant may have
a total of 49.2 acres, for a total of 47-9 188.2 acres maximum in the entire Activity
Center;
FUTURE LAND USE MAP SERIES
[amend in order]
Activity Center No. 7 — Rattlesnake Hammock Road and Collier Boulevard Mixed Use Activity Center
• amend inset map depicting new MUAC boundary, instead of revision to the Future Land Use
Element Countywide FLUM.
PART FIVE of SIX:
I URBAN DESIGNATION
[Insert new language — FLUE Pages 31 -32]
A. Urban Mixed Use District
4. Business Park Subdistrict
The Business Park Subdistrict is intended to provide for a mix of industrial uses and non - industrial
uses, designed in an attractive park -like environment with low structural density where building
coverage ranges between 25% to 45% and where landscaped areas provide for buffering and
enjoyment by the employees and patrons of the park. Business Parks shall be allowed as a
Subdistrict in the Urban -Mixed Use District, Urban Commercial District and Urban Industrial District
and may include the general uses allowed within each District, the specific uses set forth below, and
shall comply with the following general conditions:
* ** * ** * * ** * ** * * * ** * ** * * ** * ** ** *
h. When located in a District other than the Urban Industrial District, the Business Park must have
direct access to a road classified as an arterial in the Transportation Element, except that a
Business Park in Section 14, Township 50 South, Range 26 East may have access to an arterial
road via The Lords Way. provided it meets __Co - tv__road _right- of -wav_ standards_ for a_ business
-5-
Words underlined are added, words s#FUGk threug# are deleted.
Words in red double - underline are additions per CCPC Consent approval from 08/04/2011.
Row of asterisks ("* ** * * ** " *' **) denotes breaks in text.
CP- 2006 -11
PART SIX of SIX:
Conservation and Coastal Management Element
[Insert new language — CCME Pages 18 -21]
GOAL 6:
OBJECTIVE 6.1:
Policy 6.1.1:
For the County's Urban Designated Area, Estates Designated Area, Conservation Designated Area,
and Agricultural /Rural Mixed Use District, Rural- Industrial District and Rural- Settlement Area District
as designated on the FLUM, native vegetation shall be preserved through the application of the
following preservation and vegetation retention standards and criteria, unless the development occurs
within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future
Land Use Element shall apply. Notwithstanding the ACSC requirements, this policy shall apply to all
non - agricultural development except for single - family dwelling units situated on individual parcels that
are not located within a watershed management conservation area identified in a Watershed
Management Plan developed pursuant to policies supporting Objective 2.1 of this Element.
The following standards and criteria shall apply to the vegetation retention requirements referenced
above.
* ** * ** * * ** * ** * * * ** * ** * * ** * ** ** *
14 In order to promote greater preservation of the highest quality wetlands and listed species
habitat the required native vegetation for the Urban portion of the project may be shifted by
providing native vegetation preservation in the Sending Lands portion of the project exceeding
Words underlined are added, words StFUGk through are deleted.
Words in red double - underline are additions per CCPC Consent approval from 08/04/2011.
Row of asterisks ( ** * ** * * ** * ** * *) denotes breaks in text.
Coastal High Hazard
Non - Coastal High Hazard Area
Area
Residential and Mixed
Less than 2.5 acres 10%
Less than 5 acres. 10%
Use Development
Equal to or greater
Equal to or greater than 5 acres
than 2.5 acres 25%
and less than 20 acres. 15%
Equal to or
greater than 20 ac. 25%
Golf Course
35%
35%
Commercial and
Less than 5 acres. 10%
Less than 5 acres. 10%
Industrial
Equal to or greater
Equal to or
Development
than 5 acres. 15%
greater than 5 acres. 15%
Industrial
50 %, not to exceed 25%
50 %, not to exceed 25% of the
Development (Rural-
of the project site.
project site.
Industrial District only)
The following standards and criteria shall apply to the vegetation retention requirements referenced
above.
* ** * ** * * ** * ** * * * ** * ** * * ** * ** ** *
14 In order to promote greater preservation of the highest quality wetlands and listed species
habitat the required native vegetation for the Urban portion of the project may be shifted by
providing native vegetation preservation in the Sending Lands portion of the project exceeding
Words underlined are added, words StFUGk through are deleted.
Words in red double - underline are additions per CCPC Consent approval from 08/04/2011.
Row of asterisks ( ** * ** * * ** * ** * *) denotes breaks in text.
CP- 2006 -11
the 60% maximum preservation requirement found in Density Blending provisions of the FLUE
for projects that:
(a) Are under unified control,
(b) Straddle the Urban Residential Fringe and the Rural Fringe Mixed Use Sending Lands
designations, and,
(c) Meet the maximum required 60 percent preservation requirement for the Sending
Lands portion of the project.
The preservation ratio shall be two acres of Sendina Lands (exceeding the 60% maximum
preservation requirement) for each acre below the required amount of native vegetation for the Urban
portion of the project. In no instance shall less than 10 percent of the required amount of native
vegetation be retained in the Urban portion of the project. Significant Archeological Sites identified by
the State of Florida Division of Historic Resources shall be preserved and cannot be mitigated for.
-7-
Words underlined are added, words string# are deleted.
Words in red double - underline are additions per CCPC Consent approval from 08/04/2011.
Row of asterisks ( ** * ** * * ** * ** * *) denotes breaks in text.
AGENDA ITEM 9 -A
THIS ITEM HAS BEEN CONTINUED FROM THE JULY 21ST MEETING, THEN
AGAIN FROM THE AUGUST 4T" MEETING.
YOU HAVE RECEIVED THIS MATERIAL AT THE JULY 21ST MEETING.
PUDZ- 2006 -AR- 101469
HACIENDA LAKES DEVELOPMENT
ORDINANCE NO. 11-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE
NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR COLLIER
COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING
ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY
FROM THE AGRICULTURAL (A) AGRICULTURAL- SPECIAL
TREATMENT OVERLAY (A -ST) AND PUD ZONING DISTRICT
(SWAMP BUGGY DAYS PUD) TO THE MIXED USE PLANNED UNIT
DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT
KNOWN AS THE HACIENDA LAKES MPUD THAT WILL ALLOW A
MAXIMUM OF 327,500 SQUARE FEET OF GROSS RETAIL
COMMERCIAL FLOOR AREA; 70,000 GROSS SQUARE FEET OF
PROFESSIONAL AND MEDICAL OFFICE SPACE INCLUDING A
CONVERSION OF RETAIL USE TO PROFESSIONAL AND
MEDICAL OFFICE; 135 HOTEL ROOMS INCLUDING A
CONVERSION TO BUSINESS PARK; 140,000 GROSS SQUARE FEET
OF BUSINESS PARK OR EDUCATION FACILITY; A PUBLIC
SCHOOL; CONTINUATION OF EXISTING "SWAMP BUGGY"
ATTRACTION AND "JUNIOR DEPUTY" PASSIVE RECREATION;
AND A MAXIMUM OF 1,760 RESIDENTIAL DWELLING UNITS
INCLUDING CONVERSIONS TO RECREATIONAL VEHICLE PARK
AND SENIOR HOUSING FOR INDEPENDENT LIVING, ASSISTED
LIVING AND NURSING CARE. THE SUBJECT PROPERTY,
CONSISTING OF 2,262 +/- ACRES IS LOCATED ON THE EAST SIDE
OF COLLIER BOULEVARD (C.R. 951) AT THE INTERSECTION OF
COLLIER BOULEVARD AND RATTLESNAKE - HAMMOCK ROAD
AND NORTH AND SOUTH OF SABAL PALM ROAD IN SECTIONS
11, 12,13,14,23,24 AND 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
AND SECTIONS 19 AND 30, TOWNSHIP 50 SOUTH, RANGE 27
EAST, COLLIER COUNTY, FLORIDA; PROVIDING FOR PARTIAL
REPEAL AND SURVIVAL OF CERTAIN PROVISIONS OF
ORDINANCE NUMBER 84 -26 FOR SWAMP BUGGY GROUNDS;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Dwight Nadeau of RWA, Inc., Robert Mulhere of Mulhere and Associates
and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., representing
Hacienda Lakes of Naples, LLC, petitioned the Board of County Commissioners to change the
zoning classification of the herein described real property.
Hacienda Lakes of Naples LLC/PUDZ- 2006 -AR- 101.46
Rev. 8/08/11 Page 1 of 3
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Sections 11, 12,
13, 14, 23, 24 and 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50
South, Range 27 East, Collier County, Florida, is changed from the Agricultural (A),
Agricultural- Special Treatment Overlay (A -ST) and PUD zoning district (Swamp Buggy Days
PUD) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for
the 2,262 +/- acre project to be known as the Hacienda Lakes MPUD, to allow a maximum of
327,500 square feet of gross retail commercial floor area; 70,000 gross square feet of
professional and medical office space; 135 hotel rooms; 140,000 gross square feet of business
park or education facility; continuation of existing "swamp buggy" attraction and "Junior
Deputy" passive recreation; and a maximum of 1,760 residential dwelling units in accordance
with the Hacienda Lakes MPUD Document, attached hereto as Exhibits "A" through "F" and
incorporated by reference herein. The appropriate zoning atlas map or maps, as described in
Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is /are
hereby amended accordingly.
SECTION TWO:
Ordinance No. 84 -26, the Swamp Buggy PUD, is hereby repealed.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super - majority vote of the Board of County
Commissioners of Collier County, Florida, this
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
day of '32011
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Hacienda Lakes of Naples LLCIPUDZ- 2006 -AR -10146
Rev. 8/08/11 Page 2 of 3
FRED W. COYLE, Chairman
Approved as to form
and legal sufficiency:
,A(N ,xv,
Heidi Ashton -Cicko
Section Chief, Land Use /Transportation
Attachments: Exhibit A — Permitted Uses
Exhibit B — Development Standards
Exhibit C — Master Plan
Exhibit D — Legal Description
Exhibit E - List of Requested Deviations
Exhibit F - List of Owner Commitments
CP\10- CPS - 01024 \89
Hacienda Lakes of Naples LLC/PUDZ-2006-AR-1 0 146
Rev. 8 /08 /11 Page 3 of 3
COUNTY ATTORNEY DRAFT
EXHIBIT A
PERMITTED USES
PROJECT LAND USE TRACTS
TRACT
TYPE
UNITS.
ACREAGE±
TRACT "R"
RESIDENTIAL
1,714
447.86
TRACT "R/MU"
RESIDENTIAL/MEDICAL USE
25 min.*
38.82
TRACT `BP"
BUSINESS PARK
1
35.38
TRACT "C"
COMMERCIAL
17 min.*
36.67
TRACT "A"
ATTRACTION
1
47.27
TRACT "P"
PRESERVE
0
1,544.14
TRACT "PF"
PUBLIC FACILITY
0
1.33
TRACT "JD"
JUNIOR DEPUTY
2
21.62
TRACT "ROW"
PUBLIC RIGHT -OF -WAY
0
72.01
TRACT "S"
SCHOOL
0
19.55
Total
1,760
2262.14
*: Denotes the minimum number of dwelling units that must be constructed in the associated land use tract.
Given that Tract C may generate up to 55 residential dwelling units, thirty (30 %) percent of those
residential units (17 units) must be constructed in Tract C. Tract R/MU is required by this document to
have no less than 25 residential dwelling units constructed within that Tract. The balance of the
residential dwelling units generated from Tract C (13 units) must be constructed in either the R/MU Tract,
or on a portion of Tract R, within one -third of one mile of the boundary of Tract C.
GENERAL PERMITTED LAND USES
Streets, alleys, water management facilities and structures, utilities and other infrastructure
improvements are generally permitted anywhere within this MPUD except for in the P, Preserve
Tract.
II TRACT "R ". RESIDENTIAL PERMITTED USES:
Up to 1,760 residential units consisting of single family units and multi- family units are permitted in
the entire PUD. No more than 1,232 units in the entire PUD shall be multi - family, as defined in the
LDC. Residential units may be converted to senior housing units or recreational vehicle (RV) units,
where permitted, in accordance with the Land Use Conversion Factors in Exhibit B. Upon
conversion, the residential units shall be reduced according to the Land Use Conversion Factors in
Exhibit B. Developer and County shall each maintain a master list of converted uses for this PUD.
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses:
1. Single family detached dwellings;
2. Zero lot line, detached dwellings;
Two - family and duplex dwellings;
4. Single family attached dwellings, (including townhouses intended for fee simple
conveyance including the platted lot associated with the residence);
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COUNTY ATTORNEY DRAFT
5. Multi - family dwellings;
Senior housing for persons over age 55, limited to independent living facilities,
assisted living facilities, skilled nursing facilities, and continuing care retirement
communities. Senior housing facilities shall not be considered residential land uses
for the purposes of density, but shall be derived from conversion from residential
units in accordance with the Land Use Conversion Factors in Exhibit B. These land
uses shall be developed in accordance the development standards set forth in Table
II of Exhibit B. In no instance shall greater than 450 senior housing units be
developed in the entire MPUD;
7. Any other principal use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the BZA, by the process outlined in the
LDC.
B. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
Accessory uses and structures customarily associated with principal uses permitted
in this land use tract, including swimming pools, spas, docks, boat houses, and
screen enclosures, recreational facilities designed to serve the development;
2. Model homes and model home centers including offices for project administration,
construction, sales and marketing, apartment rental, as well as resale and rental of
units within the MPUD in perpetuity (group 6531);
3. Recreational facilities and structures to serve the PUD, including clubhouses, health
and fitness facilities, pools, meeting rooms, community buildings, boardwalks,
playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve
the residents of the PUD and their guests;
4. Horse stables and related equestrian facilities to serve the PUD that complement the
MPUD's proximity to the Picayune Strand State Forest may be allowed on
residential lands lying east of the proposed north/south public roadway, subject to
applicable permitting. This private, non - commercial, accessory use is intended for
stabling for residents of the PUD. Horse racing, dressage, or horse jumping events
open to the public are prohibited;
5. Private stables on single - family lots greater than 43,560 square feet in lot area, on
residential lands lying east of the proposed north/south public roadway are permitted
to allow one horse for each 21,780 square feet of lot area;
6. Horse trails.
III TRACT "RV ":
Up to 290 RV units are allowed only if residential units are converted to RV in accordance with the
Land Use Conversion Factors in Exhibit B. No building or structure, or part thereof, shall be
erected, altered or used, or land used, in whole or part, other than the following:
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A. Principal Uses:
Recreational vehicle parks (Group 7033, recreational vehicle parks only), subject to
the criteria contained in Exhibit B, and only in the location depicted on Exhibit C.
In no instance shall greater than 290 Recreational Vehicle units be developed in the
entire MPUD. Except as provided herein, the RV District shall comply with the
Land Development Code (LDC) including Sections 2.03.03.F and 5.5.10.
B. Accessory Uses:
Accessory uses and structures customarily associated with principal uses permitted
in this land use tract, including swimming pools, spas, docks, boat houses, and
screen enclosures, recreational facilities designed to serve the development;
Recreational facilities and structures to serve the PUD, including clubhouses, health
and fitness facilities, pools, meeting rooms, community buildings, boardwalks,
playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve
the residents of the PUD and their guests;
IV TRACT "R/MU", RESIDENTIAL/MEDICAL USE PERMITTED USES:
Up to 1,760 residential units consisting of single family units and multi - family units are permitted in
the entire PUD. No more than 1,232 units in the entire PUD shall be multi - family as defined in the
LDC. The residential units may be converted to senior housing units or RV units, where permitted,
in accordance with the Land Use Conversion Factors in Exhibit B. Upon conversion, the residential
units shall be reduced according to the Land Use Conversion Factors in Exhibit B. Up to 50,000
square feet of gross floor area of medical office related land uses are also allowed in this tract, less
up to 50,000 square feet of gross floor area of medical related office land uses approved by plat or
SDP in Tract C. Developer and County shall each maintain a master list of converted uses for this
PUD.
No building or structure, or part thereof, shall be erected, altered or uses, or and used, in whole or in
part, for other than the following:
A. Principal Uses:
Single family detached dwellings;
2. Zero lot line, detached dwellings;
3. Two - family and duplex dwellings;
4. Single family attached dwellings, (including townhouses intended for fee simple
conveyance including the platted lot associated with the residence) which are multi-
family dwelling units;
5. Multi - family dwellings;
6. Senior housing for persons over age 55, limited to independent living facilities,
assisted living facilities, skilled nursing facilities, and continuing care retirement
communities. Senior housing facilities shall not be considered residential land uses
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COUNTY ATTORNEY DRAFT
for the purposes of density, but shall be derived from conversion from residential
units in accordance with the Land Use Conversion Factors in Exhibit B. These land
uses shall be developed in accordance the development standards set forth in Table
If of Exhibit B In no instance shall greater than 450 senior housing units be
developed in the entire MPUD.
7. Drug Stores and Proprietary Stores (Group 5912). If this retail use is developed in
the RNU Tract then the square footage of gross floor area of this retail use shall
reduce the square footage of gross floor area of retail uses permitted in Tract C.;
8. Health Services, (Groups 8011 -8049, 8071 -8072, 8082, and 8092- 8099);
9. Any other principal use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals ( "BZA ") by
the process outlined in the LDC.
B. Accessory Uses:
Accessory uses and structures customarily associated with principal uses permitted
in this land use tract, including swimming pools, spas, docks, boat houses, and
screen enclosures, recreational facilities designed to serve the development;
2. Model homes and model home centers including offices for project administration,
construction, sales and marketing;
Recreational facilities and structures to serve the PUD including clubhouses, health
and fitness facilities, pools, meeting rooms, community buildings, boardwalks,
playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve
the residents of the PUD and their guests.
V TRACT "BP" BUSINESS PARTS PERMITTED USES:
Up to 140,000 square feet of gross floor area of business park land uses, and a hotel of up to 135
rooms capped at 92,000 square feet of gross floor area if a hotel is not developed in Tract C.
However, if owner elects not to build a hotel on Tract C or BP, then the square footage limitation of
business park land uses could be exceeded if a hotel conversion to business park of up to 60,000
square feet of gross floor area is used based on the land use conversions in Exhibit B. In place of the
business park and hotel land uses, a school may be developed. If a hotel is constructed on Tract C or
BP, based on an approved plat or SDP, then the hotel conversion shall terminate.
Tract "BP" is located directly north of the Attraction Tract that accommodates the Swamp Buggy
land uses and facilities. This acreage is meant to provide for a transition from the Attraction land
uses to the Residential Tract and intended land uses further north. This Tract shall be permitted to be
developed for either a business park or a school. If the Tract is developed as a school, only those
uses permitted in Section X1 below shall be allowed. Should the 35.38 acre tract be proposed for
development as a business park, no building or structure, or part thereof, shall be erected, altered or
used, or land used, in whole or in part, for other than the following:
A. Principal Uses:
Apparel and other finished products (groups 2311-2399);
2. Building construction (groups 1521- 1542);
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3. Business services (group 7311);
4. Communications (groups 4812 -4899, including communication towers limited in
height to 100 feet);
5. Construction: Special trade contractors (groups 1711- 1799);
6. Depository and non - depository institutions (groups 6081, 6082);
7. Drugs and medicines (groups 2833 - 2836);
8. Eating places (group 5812, not including fast foods, walk -up windows and drive -
thru restaurants);
9. Educational services (groups 8221 - 8299);
10. Electronics and other electrical equipment manufacturing, indoor only (groups 361.2-
3699);
11. Engineering, accounting, research, management, and related services (groups 8711-
8748);
12. Food manufacturing (groups 2034, 2038, 2053, 2064, 2066, 2068, 2096, 2098,
2099); Aft
13. Furniture and fixtures manufacturing (groups 2511- 2599);
14. Government offices/buildings (groups 9111-9222, 9224 -9229, 9311, 9411 -9451,
9511- 9532,9611- 9661);
15. Health services (groups 801 1 - 8049);
16. Industrial and commercial machinery and computer equipment (groups 3524, 3546,
3571,3579);
17. Industrial inorganic chemicals (groups 2833, and 2844);
18. Job training and vocational rehabilitation services (group 8331);
19. Leather and leather products (groups 3131- 3199);
20. Measuring, analyzing, and controlling instruments; photographic, medical and
optical goods; watches and clocks manufacturing (groups 3812 - 3873);
21. Medical laboratories and research and rehabilitative centers (groups 8071, 8072,
8092,8093);
22. Miscellaneous manufacturing industries (groups 3911- 3999);
23. Motion picture production (groups 7812 - 7819);
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24. Motor freight transportation and warehousing (group 4225, mini - and self- storage
warehousing only), subject to the following criteria:
i. The use of metal roll -up garage doors located on the exterior of the perimeter
buildings and walls of buildings which are visible from a public right -of -way is
prohibited; and
ii. Access to individual units whether direct or non- direct must be from the side of
the building that is oriented internally;
iii. No building shall exceed 100 feet in length when adjacent to a residential tract
within the MPUD;
iv. No outdoor storage of any kind is permitted, and
v. Storage units shall be utilized for storage purposes only.
25. Printing, publishing and allied industries (groups 2711- 2796);
26. Rubber and miscellaneous plastic products (groups 3021, 3052, 3053);
27. Security /commodity brokers (group 6211);
28. Transportation equipment (groups 3714, 3716, 3732, 3751, 3792, 3799);
29. U.S. Postal Service (group 4311);
30. Wholesale trade durable goods (groups 5021, 5031, 5043 -5049, 5063 -5078, 5091,
5092, 5094- 5099);
31. Wholesale trade non durable goods (5111 -5153, 5181, 5182, 5191, except that
wholesale distribution of chemicals, fertilizers, insecticides, and pesticides shall be a
minimum of 500 feet from a residential tract within the MPUD, 5192 - 5193);
32. Any other use which is comparable in nature with the foregoing list of permitted
principal uses, as determined by the Board of Zoning Appeals.
B. Limited Principal Uses:
The following uses shall be limited to a maximum of 30 percent of the total acreage of the Business
Park tract:
Business services (7312, 7313, 7319, 7331, 7334 -7336, 7342, 7349, 7352, 7361, no
labor pools, 7371 -7384, 7389);
2. Child day care services (group 8351);
Depository and n.on- depository institutions (groups 6021 -6062, 6091, 6099, 6111-
6163);
4. Drug stores (group 5912, limited to drug stores and pharmacies) in conjunction with
health service groups and medical laboratories /research /rehabilitative groups;
5. Hotels (group 7011) up to 135 rooms, capped at 92,000 square feet of gross floor
area if a hotel is not developed in Tract C. Hotel square footage does not reduce the
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business park square footage cap. If the hotel conversion is applied to Tract BP, then
a hotel is not permitted;
Membership organizations (group 8611); business associations (group 8621);
professional organizations (8631); labor unions and similar labor organizations;
7. Personal services (groups 7215 -7231, 7241);
8. Physical fitness facilities and bowling centers (groups 7991, 7933);
9. Professional offices; insurance agencies (group 6411); insurance carriers (groups
6311- 6399); real estate (6531, 6541, 6552, 6553); holding and other investment
offices (groups 6712- 6799); attorneys (group 8111);
10. Travel agencies (group 4724).
C. Uses Accessory to Principal and Limited Uses:
1. Uses and structures that are accessory and incidental to uses pennitted as of right;
2. One (l) caretaker's residence within Tract BP, Business Park Tract, subject to the
following:
i. The residence shall be constructed as an integral part of the principal structure
and shall be entered from within the principal structure. Exits required to comply
with fire code shall be permitted;
ii. The caretaker's residence shall be an accessory use and shall be for the exclusive
use of the property owner, tenant, or designated employee operating or
maintaining the principal structure;
iii. Off - street parking shall be as required for a single - family residence.
3. For primary business park uses, retail sales and/or display areas as accessory to the
principal uses shall not exceed an area greater than 20 percent of the gross floor area
of the permitted principal use and is further subject to retail standards for
landscaping, parking and open space.
VI TRACT "C" COMMERCIAL PERMITTED USES:
Up to 327,500 square feet of gross floor area of retail land uses and up to 70,000 square feet of gross
floor area of professional and medical office uses reduced by medical - related retail use square
footages approved by SDP in Tract BP and reduced by up to 50,000 square feet of gross floor area of
professional and medical office land use square footages approved by plat or SDP in Tract R/MU.
The 70,000 square feet of professional and medical office may be exceeded if the retail land uses are
converted to office thereby reducing the retail square footage, not to exceed 25% of the retail land
use allocation. Additionally, a hotel of up to 135 rooms and up to 92,000 square feet of gross floor
area shall be allowed in Tract C unless a hotel is developed within Tract PB or if the hotel use is
converted to BP uses in Tract BP based on an approved plat or SDP.
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses:
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1. Single family attached dwellings, (including townhouses intended for fee simple
conveyance including the platted lot associated with the residence);
2. Multi - family dwellings;
3. Residential land uses integrated into commercial buildings with residential units
located above commercial land uses to create a mixed -use building;
4. Accounting, auditing and bookkeeping services (group 8721);
5. Adjustment and collection services (group 7322);
6. Advertising agencies (group 7311);
7. Advertising — miscellaneous (group 7319);
8. Amusements and recreation services, indoor (groups 7911 -7922, 7991, 7993, 7999,
only billiard parlors, bingo parlors, martial arts and yoga instruction, bicycle and
golf cart rentals);
9. Apparel and accessory stores with (groups 5611- 5699);
10. Auto and home supply stores (groups 5211 -5261, and 5531);
11. Automotive dealers, not elsewhere classified (group 5599);
12. Automobile parking (group 7521), including garages - automobile parking, parking
structures, no towing yards;
13. Automotive repair, services and parking (groups 7513 — 7533, 7536 - 7549);
14. Barber shops (group 7241), except barber schools;
15. Beauty shops (7231), except beauty schools;
16. Boat dealers (5551);
17. Bookkeeping services (8721);
18. Bowling centers, indoor (7933);
19. Building construction — General contractors (groups 1521 — 1542);
20. Building materials, hardware and garden supplies (groups 5211- 5261);
21. Business associations (group 8611);
22. Business consulting services (group 8748);
23. Business credit institutions (groups 6153- 6159);
24. Business services (groups 7311 -7353, 7359, except labor contractors, 7371 -7379,
7381 except armored car and dog rental, 7382 -7389 except auctioneering service,
automobile recovery, automobile repossession, batik work, bottle exchanges,
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bronzing, cloth cutting, cosmetic kits, cotton inspection, cotton sampler, drive -away
automobile, exhibits - building, filling pressure containers, field warehousing, fire
extinguisher, floats - decoration, folding and refolding, gas systems, bottle labeling,
liquidation services, metal slitting and shearing, packaging and labeling, patrol of
electric transmission or gas lines, press clipping service, repossession service, rug
binding, salvaging of damaged merchandise, scrap steel cutting and slitting,
shrinking textiles, solvent recovery, sponging textiles, tape slitting, texture
designers, textile folding, tobacco sheeting and window trimming service);
25. Cable and other pay television services (group 4841);
26. Senior housing for persons over age 55, limited to independent and assisted living
facilities, continuing care retirement communities, and nursing homes. This housing
is included in the retail square foot limitation and no greater than 450 senior housing
units shall be developed in this entire MPUD;
27. Child day care services (8351);
28. Commercial printing (2752, excluding newspapers);
29. Civic, social and fraternal associations (group 8641);
30. Coin operated amusement devices, indoor (group 7993);
31. Communications (groups 4812 -4841) including communications towers up to
specified height, subject to LDC Section 5.05.09;
32. Construction — special trade contractors (groups 1711 -1793, 1796, 1799);
33. Dance studios, schools and halls (group 7911);
34. Drug stores (group 5912);
35. Depository institutions (groups 6011- 6099);
36. Eating and drinking establishments (group 5812, and group 5813) excluding bottle
clubs. Outdoor amplified sound is prohibited;
37. Educational services (groups 8221, 8222, 8243 — 8249);
38. Engineering, accounting, research, management and related services (groups 8711-
8748);
39. Food stores (groups 5411- 5499);
40. Gasoline service stations (group 5541 subject to LDC requirements);
41, General merchandise stores (groups 5311, 5331 - 5399);
42. Glass and glazing work (1793);
43. Health services (groups 8011 -8049, 8051 -8059, 8071 -8072, 8082 and 8092 - 8099);
44. Home furniture, furnishing, and equipment (groups 5712 - 5736);
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45. Hotels and motels (groups 7011, 7021, and 7041) only if a hotel is not built in Tract
BP and the hotel conversion is not applied to Tract BP;
46. Insurance carriers, agents and brokers (groups 6311 -6399, 6411);
47. Landscape architects, consulting and planning (group 0781);
48. Legal services (group 8111);
49. Libraries (group 8231);
50. Management and public relations services (groups 8741 -8743, 8748);
51. Membership organizations (8611- 8699);
52. Membership sports and recreation clubs, indoor (group 7997);
53. Miscellaneous personal services (7291, 7299, debt counseling only);
54. Miscellaneous repair services (groups 7622 — 7699);
55. Miscellaneous retail (groups 5912 -5963, 5992 - 5999);
56. Motion picture theaters (group 7832);
57. Motorcycle dealers (group 5571);
58. Motor freight transportation and warehousing (group 4225 mini- and self - storage
warehousing only);
59. Museums and art galleries (group 8412);
60. Non - depository credit institutions, and loan brokers (groups 6111-6163);
61. Offices for engineering, architectural, and surveying services (groups 0781, 8711-
8713);
62. Paint, glass and wallpaper stores (5231);
63. Passenger car leasing (group 7515);
64. Passenger car rental (group 7514);
65. Personal services (groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning only,
7217, 7219, 7221 -7251, no beauty or barber schools, 7261 except crematories, 7291,
7299, excluding massage parlors, escort services, steam baths, Turkish baths and
tattoo parlors);
66. Photographic studios (7221);
67. Physical fitness facilities (7991);
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68. Political organizations (group 8651);
69. Printing, publishing, and allied industries (groups 2711, 2721);
70. Professional membership organizations (group 8621);
71. Public Administration (groups 9111 -9199, 9229, 9311, 9411 -9451, 9511 -9532,
9611- 9661);
72. Public or private parks and playgrounds;
73. Public relations services (group 8743);
74. Radio, television, and consumer electronics stores (group 5731);
75. Radio and television broadcasting stations (groups 4832, and 4833);
76. Real estate (group 6512, 6531- 6552);
77. Record and prerecorded tape stores (group 5735), excluding adult oriented rentals
and sales;
78. Recreational vehicle dealers (group 5561);
79. Religious organizations (group 8661);
80. Research, development, and testing services (group 8731- 8734);
81. Retail nurseries, lawn and garden supply stores (group 5261);
82. Security and commodity brokers, dealer, exchanges and services (groups 6211-
6289);
83. Theatrical producers and miscellaneous theatrical services, indoor (groups 7922-
7929);
84. Tour operators (group 4725);
85. Travel agencies (group 4724);
86. United States Postal Service (4311 except major distribution center);
87. Veterinary services (groups 0742, 0752 excluding outside kenneling);
88. Videotape rental (7841), excluding adult oriented rental and sales;
89. Vocational schools (groups 8243 - 8299);
90. Any other commercial use which is comparable in nature with the foregoing list of
permitted uses and consistent with the purpose and intent statement of the district as
determined by the Board of Zoning Appeals.
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A. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
1. Parking facilities and signage;
2. Eating/ Picnic Area;
3. One (1) caretaker's residence within the C, Commercial Tract;
4. Child care, outdoor play areas. Where play areas are constructed as an accessory use
to a permitted use, the following conditions shall apply:
a. A minimum five -foot, six -inch high reinforced fence shall be installed on all
sides of the play area which are not open to the principal structure;
b. Ingress to and egress from the play area shall be made only from the principal
structure, however an emergency exit from the play area shall be provided
which does not empty into the principal structure;
c. The play equipment shall be set back a minimum distance of five feet from the
required fence and from the principal structure.
5. Kiosks, that are small separate structures, often movable and open on one or more
sides, used as a newsstand, vending stall, or other conveniences, Individual kiosks
shall not to exceed 200 square feet.;
VII TRACT "A" ATTRACTION PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses:
1. "Swamp Buggy" race track (group 7948, swamp buggy track only);
2. County fair and similar expositions, including circuses, carnivals, and other
recreation /entertainmcnt activities;
3. Exhibition hall/community center;
4. Amateur soccer, softball, lacrosse, volleyball, football, and similar outdoor
recreational sports and activities and shall not be limited in the number of
occurrences;
5. Indoor target ranges, including archery;
I 6. Stock car, monster trucks, and motorized vehicle race track (group 7948, motorized
vehicle race track only);
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7. Motocross (including bicycle and motorcycle) race course (group 7948, motocross
race course only);
8. Stadium, training, and practice facilities for professional baseball (group 7941);
9. Administrative offices and supportive service facilities;
10. Any other use or structure that is comparable in nature to the foregoing and that is
approved by the Board of Zoning Appeals.
B. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
1. Any accessory uses and structures that are incidental to and customarily associated
with those uses permitted herein;
2. Onsite water management, utility, and service facilities;
3. Signs as permitted or required by the applicable Collier County Land Development
Code at the time of application for construction permits;
4. Residential facilities (one (1) residential unit within the A, Attraction Tract) for
housing of security personnel or caretakers whose work requires residence on the
property;
5. Concessions, ticketing, bleachers, and other spectator - related facilities;
6. Picnicking and playground areas, as well as areas for camping that may be utilized
only three days prior to, during, and three days after a major event weekend.
C. Conditional Uses:
1. Fuel storage and related facilities.
VIII TRACT "P" PRESERVE PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses
1. Upland preserves;
2. Wetland preserves;
B Accessory Uses and Structures
Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
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1. Boardwalks, nature trails, horse trails, shelters, viewing platforms, educational
signs, and information kiosks;
2. Water management structures;
3. Archaeological sites and associated research of said sites.
IX TRACT "PF" PUBLIC FACILITY PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses
1. Public safety facilities intended to provide emergency medical, ground
transportation services.
B. Accessory Uses
Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
1. Parking facilities and signage;
2. Administrative offices and support service facilities;
3. Lighting or storm water management facilities and structures.
X TRACT ° °JD" JUNIOR DEPUTY PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses:
I . Open space and outdoor recreational uses, including, but not limited to
hiking, biking, fishing, boating, camping, picnicking and nature trails;
2. Sporting and recreational camps;
3. Caretaker's residence, limited to two for the JD, Junior Deputy Tract.
B. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
' 1. Boardwalks, nature trails, shelters, pavilions, viewing piers, viewing platforms,
educational signs, kiosks, and docks or platforms for launching and mooring or
storage of non - motorized vessels utilizing movable storage racks;
Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 14 of 50
COUNTY ATTORNEY DRAFT
2. Covered camping pavilion(s) (i.e.: concrete, or similar hard surface, that is roofed,
and may, or may not be enclosed with screen /plastic sheeting, or walls), which may
include kitchen/cooking facilities, office and restroom facilities;
3. Passive parks and passive recreational uses;
4. Pervious roads, driveways, and pervious and /or impervious parking facilities;
5. Project identification and directional signage;
6. Water management structures;
7. Restrooms /bath houses;
S. Roofed or unroofed storage for maintenance and recreational equipment;
9. Fencing and security gates, which may include barbed wire;
10. Archery and air rifle range(s).
XI TRACT "S" SCHOOLS PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses:
1. Schools, public or private, including Educational Services (Group 82).
B. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
I . Educational facilities;
2. Parking facilities and signage;
3. Administrative offices and support service facilities;
4. Lighting or storm water management facilities and structures.
XII SIGNS:
A. Seven, on- premise, ground signs shall be permitted on property corners fronting on existing,
proposed, or future public roadways as depicted and labeled "Boundary Marker" on Sheets 3
and 4 of the MPUD Master Plan Set. These ground signs shall be allowed in addition to
other signage allowed by Section 5.06.00 of the LDC. Each of these permitted signs shall
only contain the name of the project or any major use, insignia or motto of the entire
development (See Exhibit E, Deviation #4).
Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 15 of 50
COUNTY ATTORNEY DRAFT
B. One real estate sign shall be permitted in the Commercial Tract for the purposes of
marketing residential products within the MPUD. This additional real estate signage may be
utilized by any of the developers of the residential communities within the MPUD (See
Exhibit E, Deviation #7).
C. The existing Swamp Buggy sign located in the southeast comer of Rattlesnake Hammock
road and Collier Boulevard shall be allowed to remain until new signage can be permitted in
Tract C. (See Exhibit E, Deviation #8)
Hacienda Lakes, PUDZ - 2006 -AR -10146 (8/23/11) Page 16 of 50
COUNTY ATTORNEY DRAFT
EXHIBIT B
DEVELOPMENT STANDARDS
GENERAL:
Development of the Hacienda Lakes MPUD shall be in accordance with the contents of this Ordinance and
applicable sections of the Collier County Land Development Code (LDC) and Growth Management Plan
(GMP) in effect at the time of issuance of any development order, such as, but not limited to, final
subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to
which such regulations relate. Where these regulations fail to provide developmental standards, then the
provisions of the most similar district in the LDC shall apply.
Conversion of residential land use types are provided for below which may be utilized to apportion units to
senior housing or recreational vehicle units relative to the mix of residential land uses within this MPUD and
their relation to public facility impacts.
Table 1 below, sets forth the development standards for residential land uses within the MPUD, including
residential land uses that are required to be developed in Tracts C and R/MU. Standards not specifically set
forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of
the SDP or Subdivision plat. Figures 1 thru 7 generally depict typical development standards for the various
residential products.
Table 11 below, sets forth the development standards for commercial land uses, senior housing units, and
public facility land uses within the MPUD. Standards not specifically set forth herein shall be those
specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision
plat.
Table 111 below, sets forth the development standards for the business park land uses and school land uses
within the MPUD. Standards not specifically set forth herein shall be those specified in applicable sections
of the LDC in effect as of the date of approval of the SDP or Subdivision plat.
Table 1V below, sets forth the development standards for the Attraction land uses and Junior Deputy passive
recreation land uses within the MPUD. Standards not specifically set forth herein shall be those specified in
applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat.
The facilities and improvements that are depicted on Exhibit C, the MPUD Master Plan shall be considered
conceptual in nature. The design, location, and configuration of land improvements shall be defined at either
site development plan, or construction plans and plat approval(s).
Except as provided for herein, all criteria set forth 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.
MAXIMUM DENSITY AND INTENSITY:
Residential Density: This MPUD shall be limited to 1,760 residential dwelling units (du) that equates to a
density of 0.78 dwelling units per gross acre. The 1,760 residential units are either single- or multi - family
units as defined in the LDC. No more than 1,332 multi - family units may be constructed in the entire PUD.
Caretakers residences shall be deducted from the 1,760 unit allocation. A minimum of 25 residential units
shall be constructed in the R/MU Tract, and a minimum of 17 residential units shall be constructed in Tract
C. The balance of the residential dwelling units generated from Tract C (13 units) must be constructed in
either the R/MU Tract, or on a portion of Tract R, within one -third of one mile of the boundary of Tract C.
Hacienda Lakes, PUDZ - 2006 -AR -10146 (8/23/11) Page 17 of 50
COUNTY ATTORNEY DRAFT
LAND USE CONVERSION FACTORS
Residential Density: 1.0 residential unit equates to 2.73 Recreational Vehicle units /spaces or 4 Senior
Housing Units. There shall be no more than 450 Senior Housing Units in the entire PUD, 290 RV units in
the entire PUD, or 1,332 multi - family units in the entire PUD.
Commercial Intensity: Hacienda Lakes is intended to be developed with a mixture of commercial land uses
that include 327,500 square feet of gross floor area of retail uses, 50,000 square feet of gross floor area of
medical office uses, 20,000 square feet of gross floor area of general office uses, 140,000 square feet of gross
floor area of business park land uses, and 135 hotel rooms.
In no event shall the project exceed 3,328 PM Peak Hour Trips. Such maximum trip generation cap was
developed based on 327,500 gross square feet of retail land uses, 50,000 gross square feet of medical office
land uses, 20,000 gross square feet of general office land uses, 140,000 gross square feet of business park
land uses, a primary school with a contemplated enrollment of 919 students, 135 hotel rooms, not to exceed
92,000 gross square feet, 704 single- family units, and 1,056 multi- family units. However, the hotel shall not
count against the 140,000 square foot cap associated with the business park.
Should the BP Tract not be developed as a business park but be developed as a private educational facility,
such facility shall not exceed the maximum 140,000 gross square feet allowed in that Tract.
The developer shall be allowed to convert retail land uses to office land uses at a one to one (1:1) ratio, not to
exceed 25% of the retail land use allocation, provided only if the converted use is an allowed use in the tract.
The developer shall also be allowed to wholly convert the hotel development opportunity of 135 rooms not
to exceed 92,000 square feet to 60,000 square feet of gross floor area of business park land uses.
All existing land uses and facilities in the Attraction and Junior Deputy Tracts shall not count against the
overall trip and land use cap.
Senior Housing Intensity: The intensity of any senior housing unit shall have a maximum Floor Area Ratio
(FAR) of 0.60. The 1,760 dwelling unit cap is only intended to limit the number of single family and multi-
family residential units, as those units are defined in the Land Development Code. The development may
include in excess of 1,760 residential units if some are developed as senior housing units. With the
exception of senior housing development in the C, Commercial Tract, senior housing units shall be
developed through the conversion of residential land uses. Residential units shall be allowed for conversion
to senior housing units based on the Land Use Conversion Factors, above. However, 1 single - family
dwelling unit equates to 1 single- family style independent living units. In no instance shall greater than 450
senior housing units be developed in the entire MPUD.
Operational Characteristics for Senior Housin
Senior housing may be composed of one or more types of care/housing facilities. These care/housing types
are limited to independent living, assisted living, and skilled nursing units, each of which can have varying
operational characteristics. The following characteristics of senior housing care units distinguish them from
residential land uses, and all of the characteristics must be provided for and maintained to be considered a
senior housing care unit:
• The facility shall be for residents 55 years of age and older;
• There shall be on -site dining facilities to the residents, with food service being on -site, or catered;
• Group transportation services shall be provided for the residents for the purposes of grocery and other
types of shopping. Individual transportation services shall be coordinated for the residents needs,
including but not limited to medical office visits;
Hacienda Lakes, PUDZ- 2006 -AR -10146 (8/23/11) Page 18 of 50
COUNTY ATTORNEY DRAFT
• There shall be an onsite manager /activities coordinator to assist residents, who shall be responsible for
planning and coordinating stimulating activities for the residents;
• An on -site wellness facility shall provide exercise and general fitness opportunities for the residents.
• Each unit shall be equipped with devices provided to notify emergency service providers in the event of
a medical or other emergency;
• Independent living units shall be designed so that a resident is able to age in place. For example,
kitchens may be easily retrofitted by lowering the sink to accommodate a wheelchair bound resident or
bathrooms may be retrofitted by adding grab bars.
Recreational Vehicle Park Criteria
• Any RV Park may be located in one location on Tract R as generally depicted on Exhibit C, MPUD
Master Plan.
• This area of Tract R shall be developed either with an RV Park or residential land uses, and not be a
combination of both.
• The RV Park shall be limited to Class A motorcoaches only.
• In no instance.shall greater than 290 Recreational Vehicle units be developed in the entire MPUD.
• The density of the RV park shall not exceed 12 RV units for each acre of the development parcel [up to
24.2 acres].
• The Lord's way shall be the principal access to Collier Boulevard (CR -951).
• A 25 foot Type C landscape buffer shall be located between any RV land use and adjoining residentially
zoned or developed parcel.
Sign Development Standards
Boundary Markers shall be no greater than 15 feet in height, and shall not exceed 64 square feet of
sign content area (See Exhibit E, Deviation #4). Each of these permitted signs shall only contain the
name of the project or any major use, insignia or motto of the entire development.
Any signage proposed for identifying the on -site Swamp Buggy Attraction land use in the
Commercial Tract may be illuminated and manually changeable so the traveling public may learn of
upcoming events in the Attraction Tract.
Any land uses permitted within the boundaries of the MPUD shall be considered on -site for the
purposes of providing for signage within the Commercial Tract.
Site Development, or Plat Approval
• At the time of each development order application subsequent to rezone approval, the developer or
its successors and assigns shall submit a list of previously approved land uses (approved via site
development plan, or plat), and the trips, commercial square footage and residential units consumed
to date. Developer shall also provide to County a copy of its master list of converted uses for this
PUD.
Hacienda Lakes, PUDZ- 2006 -AR -10146 (8/23/11) Page 19 of 50
COUNTY ATTORNEY DRAFT
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
SETBACK
SINGLE
ZERO LOT
TWO
TOWNHOUSE
TOWNHOUSE
MULTI-
CLUB
RECREAT
FAMILY
LINE
FAMILY/
ALLEY DESIGN
FAMILY
HOUSE:/
-TONAL
DETACHED
DUPLEX
DWELLINGS
REC-
VEHICLE
REATION
PARKS
BLDGS
PRINCIPAL
STRUCTURES
Minimum Lot Area
4,800 SF
4,000 SF
3,500 SF per
1,500 SF per lot
1,650 SF per lot or
1 acre
800 SF per
lot
unit
10,000 SF
space/unit
Minimum Lot Width
40'
35'
35' per lot
18'per lot or
25'; or 22' for units
150'
35'
unit
attached end to end
N/A
15' or 1/2 BH,
15' or V. BH,
15' or 1/2 BH,
15' or'' /. BH,
15' or 1/2 BH,
15' or % BH,
15' or %313 H,
15'
Minimum Distance From
whichever is
whichever is
whichever is
whichever is
whichever is
whichever is
whichever is
MPUD Boundary **
reater.
greater.
greater.
greater.
greater.
greater.
greater.
20', or 15'
20', or 15'
20', or 15'
20'
5' from LL; 16'
20' or %a BH,
10'
with side
with side
with side
from BOC
whichever is
Front Yard Setback
load garaLms
load garages
load garages
greater.
N/A
Side Yard
6'
0' or 10'
0' or 6
0' or 6'
5' from LL; 0'
/, BH
5'
when attached
N/A
Rear Yard
15'
15'
15'
15'
9' from LL on
15' or 1/2 BH,
8'
paseo; 5' otherwise
whichever is
greater
N/A
From Preserve
25'
25'
25'
25'
25'
25'
25'
25'
Maximum Zoned Height
35'
35'
35'
45'
45
75'
40'
30'
Maximum Actual Height
42'
42'
42'
50'
50'
85'
50'
35'
Floor Area Minimum SF
1200 SF
1000 SF
1000 SF
900 SF
900 SF
750 SF
N/A
N /A.
Minimum Distance
15' or 1/2
10'
Between
Principal Structures
12'
10'
12'
12'
24' on paseo
/, SBII
S1414,
whichever is
greater
ACCESSORY
STRUCTURES
Front
SPS
SPS
SPS
SPS
SPS
SPS
SPS
SPS
Side
SPS
SPS
SPS
SPS
SPS
SPS
SPS
SPS
Rear
5'
5'
5'
5'
SPS
5'
10'
SPS
From Preserve
10'
10'
10'
t 0'
10'.
10'
10'
10'
Minimum Distance
10'
Between Accessory
Structures on same lot
0' or 10'
0' or 10'
0' cr10'
0' or 10'
N/A
W or 10'
W or to'
Minimum Distance
Between Accessory and
0' OR 10'
Principle Structures on
same lot
0' or 10'
W or 10'
0' or10'
0' or 10'
NIA
0' or 10'
War 10'
Maximum Zoned Height
SPS
SPS
SPS
SPS
SPS
35'
SPS
SPS
Maximum Actual Height
SPS
SPS
SPS
SPS
SPS
35'
SPS
SPS
Minimum Distance From
15'
15'
15'
Is,
I S'
1.5'
15'
15'
MPUD Boundary**
SPS: Same as Principal Structure
LL: Lot Line
BOC: Back Of Curb
Paseo: A pedestrian only access way to and from residences.
NIA: Not Applicable
Bli: Building Height
SBH: Sum of Building Heights
"Principal and Accessory Uses shall not protrude or encroach into any required landscape buffer
Hacienda Lakes, PUDZ - 2006 -AR -10146 (8/23/11) Page 20 of 50
COUNTY ATTORNEY DRAFT
General application of setbacks: Front yard setbacks shall comply with the following:
If the parcel is served by a public or private road right -of -way, the setback is measured from
the adjacent right -of -way line.
If the parcel is served by a non - platted private drive, the setback is measured from the back
of curb or edge of pavement.
Notes:
1) Structures adjacent to a lake may have no setback from the lake maintenance easement.
2) Firewl all protrusions into required yards are permitted up to three (3') feet.
3) Entrance features (i.e.: guard house, clock towers and colonnades) are limited in height to no greater
than 50 feet in actual height.
4) Two or three story multi - family structures may have terraced setbacks. Terraced setbacks shall be
measured from the ground floor exterior wall, as long as a minimum 15 -foot building wall setback is
provided as depicted in Figure 1 below.
5) For all residential units, garages shall be located a minimum of 23 feet from the back of the sidewalk
closest to the garage, except for side loaded garages, wherein a parking area 23 feet in depth must be
provided perpendicular to the sidewalk to prevent vehicles being parked across a portion, or all of the
referenced sidewalk.
6) No residential buildings greater than 50 feet in actual height shall be permitted west of the Florida
Power and Light easement.
PROF
U1
Figure 1
Hacienda Lakes, PUDZ- 2006 -AR -10146 (8/23/11) Page 21 of 50
10 FOOT MINIMUM ACCESORY
STRUCURE SETBACK
FROM PRESERVE
25 FOOT MINIMUM PRINCIPAL
STRUCTURE SE73ACK1
FROM PRESERVE
6' MIN.--
FRONT YARD PRINCIPAJ.__„r.
STRUCTURE SETBACK
ROW-
S' SIDEWALK -
BACK OF CURB ---
Terraced Setbacks
:7iPRESERVE
'j
M.C. STR.
PRJNCiPAL
-23' MIN.
10' MIN.
i S' MII
ACC. SIR. - ACCESSORY STRUCTURE
COUNTY ATTORNEY DRAFT
5' MIN. REAR YARD ACCESSORY
STRUCTURE SETBACK
1 15' MIN. REAR YARD PRINCIPAL
I STRUCTURE SETBACK
I
l
V MIN. 6' MIN. SIDE YARD PRINCIPAL
STRUCTURE SETBACK
1
I
I
; FROM ACYARD PRINCIPAL
P20 IN. ' j " STRUCTURE SETBK
- 1=
NOT TO SCALE
NOT DRAWN PROPORTIONALLY
Figure 2
Detached Single- Family Units
PRESERVE
5' MIN. RENT YARD ACCESSORY
STRUCTURE SETBACK
10 FOOT M14lMUM ACCESSORY
I - ` �� r I y . -- _ r -• - -� - -- _ -
STRU=Mft E SETBACK
FROM PRESERVE
I I I I 15' MIN. REAR YARD PRINCIPAL
I
I
I 1 STRUCTURE SETBACK
2S FOOT MINIMUM PRINOP&
I
I
M.
I I
STRUCNRE SETBACK
'
FROM PRESERVE
I
I I
I
I
1
I
10' MIN.
10' MIN.
10' MIN.
I--O' MIN. SIDE YARD PRINCIPAL
I
I
I
STRUCTURE SETBACK
I
I
PRINCIPAL I
I
STRUCTURE
23' MIN.
I
1
I
I
I
I
1
I
I
ROT YARD PRINCIPA
I
i
ONT YARD P RINCIPA
-A7! 'STRCURE
STRUCTURE SET11ACK
SETBAK
15' YIN.
ROW
-
5' 'IM AlAl1K�
BACK OF
10' MIN.
CENTERUNE
- - - -
ACC. STR. - ACCESSORY STRUCTURE
NOT M SCALE
NOT DRAWN PROPORTIONALLY
Figure 3
Detached Single - Family /Zero Lot Line Units
Hacienda Lakes, PUDZ- 2006 -AR -10146 (8/23/11) Page 22 of SD
10 I= MINIMUM ACCESSORY
FROM PRESERVE
25 FOOT MINIMUM PRINCIPAL
STRUCTURE SETBACK
FROM PR1IMEFNE
COUNTY ATTORNEY DRAFT
PRESERVE
51 MIN. REAR YARD ACCESSORY
RU
STCTURE SErwK
I I 1 I 15' MIN_ REAR YARD PRINCIPAL
STRUCTURE SETBACK
' MIN. 12' MINI-
1 1 I I
i 1 1 PRINCIPAL
23 MIN. I I STRUCTURE
(TtT •)
1 I 1 I
1 1 I 1
FRONT YARD MNQPM. 1 1 T- 1
STRUCTURE SETBACK i I I IN �— �' —
1S' �11N.� — � MIN.— MI .
ROW 1....
S' SIDEIMA:K —� I
SACK OF CURB
10' WIN.
CF]iTFRl�F1E - - - - -- -'
ACC. STR. - ACCT WRY S1RUC711RE
10 F100T MINIMUM ACCESSORY
STRUCTURE SETBACK
FROM PRESERVE
25 FOOT WWMUM PRINCIPAL' SETBACK
FROM�PRESERVE
FRONT YARD PRINCIPAL
STRUCTURE SETBACK
5' SID
BACK OF
NOT TO SCALE
Nor DRAWN PROPORTIONALLY
Figure 4
Duplex and Two- Family Units
1O' MIN.
- ___F_ - -
ACC. SM - ACCESSORY STRUCTURE
NO SIDE YARD REQUIRED FOR
ATTACHED PRINCIPAL UNFS
I
' wN. SIDE YARD PRNCIPAL
STRUCTURE SETBCK
ONT YARD PRINCIPAL
STRUCTURE SMACK
5' MIN. REAR YARD ACCESSORY
STRUCTURE SETBACK
MIN REAR YARD PRINCIPAL
/ STRUCTURE SETa%CK
L�V0 SIDE YARD REQUIRED FOR
1 ATTACHED PRINCIPAL UNITS
6' WIN. SIDE YARD PRINCIPAL
STRUCTURE SETBACK
I
NOT TO SCALE
NOT DRAWN PROPORTIONALLY
Figure 5
Attached Single- Family and Townhouse Units
Hacienda Lakes, PUDZ- 2006 -AR -10146 (8/23/11) Page 23 of 50
COUNTY ATTORNEY DRAFT
Building Massing
Units to be attached side by side and arranged in a linear fashion and shall have no more than eight
units combined into one structure.
CENiERUNE — 30' ACCESS EASEmEXT Y 5.00
SACK OF CU t��
EASEMENT LNE T T i i
OPTIONAL 8' PWINACY I i i I 1 YMIO CAR GARAGE C"ICAL)
YiAll (TYPICAL ALL UNITS) III NO SIDE YM
i I M AL
ACHM PRINCIPAL UENRS
7 2'
YW' PRINCIPAL STRUC1liRE 8' MIN. SIDE YARD PRINCIPAL
1 (TYP.) 1 STRUCTURE SETBACK
I
FWff YARD PRINCIPAL I i
I 9TAUCTURE SETTdA XRDW r
3. 51[>ENbLL1C!
B CK OF CURB
ACC. STR. . ACCESSORY STRUCTURE
NOT TO SCALE
NOT DRAWN PROPORTIONALLY
Figure 6
Attached Single - Family and Townhouse Units (Alley Design)
(Scenario A)
Building Massing
Utilization of Scenario A allows for the units to be attached side by side and arranged in a linear
fashion and shall have no more than eight units combined into one structure.
Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 24 of 50
COUNTY ATTORNEY
Pfd J 5 wuV. RFM
JIj \l YARD ACCESSORY
STRVCNRE
SETBACK
10 FOOT WNOAUH - - •- -- _ _
SET FIIOY " 1F�7�RICE
SM
1/2 SUuum 1024T 1@WUN PRIMQPAL
SIOC 111110 PR 93PA. I
$TWXT%W XTRIC9 I
TI11CC "EN
FROM YAPD PICNCWAL__ I
ALCM L45LM f7
Y so
PACK OF
ACC. STR. - AG'CE� STOXTURE
NOT TO SCALE
NM D%UVN P'ROPORnoKALLY
Figure 7
Multi- Family Units
Hacienda Lakes, PUDZ- 2006 -AR -10146 (8/23/11) Page 25 of 50
COUNTY ATTORNEY DRAFT
TABLE H
COMMERCIAL, PUBLIC FACILITY, AND SENIOR HOUSING DEVELOPMENT STANDARDS
DEVELOPMENT STANDARD
PRINCIPAL USES
ACCESSORY USES
MINIMUM LOT AREA
10,000 SQUARE FEET
N/A
MINIMUM LOT WIDTH
100 FEET
N/A
MINIMUM YARDS (MEASURED FROM TRACT
BOUNDARY)
25 FEET * **
10 FEET
MINIMUM YARDS (MEASURED FROM MPUD
BOUNDARIES * * **
25 FEET
10 FEET
PRESERVE SETBACK
25 FEET
10 FEET
MIN. DISTANCE BETWEEN
STRUCTURES
15 FT. OR %2 THE SUM OF
BUILDING HEIGHTS
10 FEET
MAXIMUM ZONED HEIGHT
75 FEET
25 FEET
MAXIMUM ACTUAL HEIGHT
85 FEET
30 FEET
MINIMUM FLOOR AREA — COMMERCIAL
MINIMUM FLOOR AREA — SENIOR HOUSING
MINIMUM FLOOR AREA — PUBLIC FACILITY
1 600 SQUARE FEET**
350 SQUARE FEET
1,500 SQUARE FEET
N/A
N/A
N/A
MTN. GROSS FLOOR AREA PER UNIT
600 SQUARE FEET **
80 SQUARE FEET **
* Whichever is greater
** Not applicable to kiosks
General application for setbacks: Front yard setbacks shall comply with the following:
i. If the parcel is served by a public or private road right -of -way, the setback is measured
from the adjacent right -of -way line.
ii. If the parcel is served by a non - platted private drive, the setback is measured from the
back of curb or edge of pavement.
iii.
** �* Principal and Accessory Structures shall not protrude or encroach into any required landscape
buffer.
Note: Any independent living unit proposed for development in a single - family type of configuration shall
comply with the development standards for single- family land uses set forth in Table 1.
Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11)
Page 26 of 50
COUNTY ATTORNEY DRAFT
TABLE III
BUSINESS PARK AND SCHOOL DEVELOPMENT STANDARDS
(EXCLUDES PUBLIC SCHOOLS)
DEVELOPMENT STANDARD
PRINCIPAL USES
ACCESSORY USES
MINIMUM LOT AREA
8,000 SQUARE FEE]'
N/A
MINIMUM LOT WIDTH
80 FEET
N/A
MINIMUM YARDS (MEASURED FROM TRACT
50 FEET * **
10 FEET
BOUNDARY) — BUSINESS PARK
MINIMUM YARDS (MEASURED FROM TRACT
BOUNDARY) — SCHOOL
50 FEET * **
25 FEET **
MINIMUM YARDS (MEASURED FROM MPUD
N/A
N/A
BOUNDARIES
PRESERVE SETBACK
25 FEET
10 FEET
MTN. DISTANCE BETWEEN
15 FT. OR % THE SUM OF
10 FEET
STRUCTURES - BUSINESS PARK
BUILDING HEIGHTS
MIN. DISTANCE BETWEEN
SBR, or 18 FEET
SBR, or 10 FEET
STRUCTURES - SCHOOL
MAXIMUM ZONED HEIGHT - BUSINESS PARK
35 FEET
35 FEET
MAXIMUM ZONED HEIGHT - SCHOOL
50 FEFT
50 FF.F,T
MAXIMUM ACTUAL HEIGHT — BUSINESS PARK
50 FEET
35 FEET
MAXIMUM ACTUAL HEIGHT - SCHOOL
60 FEF.,T
60 FEET
MINIMITM FLOOR AREA — BUSINESS PARK
1000 SQUARE FEET
N/A
MINIMUM FLOOR AREA— SCHOOL
SBR, or 350 SQUARE FEET
SBR, or 35 SQUARE FEET
MIN. GROSS FLOOR AREA PER UNIT
BUSINESS PARK
500 SQUARE FEET
80 SQUARE FEET
SCHOOL
N/A
N/A
* Whichever is greater
** Including portable classrooms
* ** General application for setbacks: Front yard setbacks shall comply with the following-
i. If the parcel is served by a public or private road right -of -way, the setback is measured
from the adjacent right -of -way line.
ii. If the parcel is served by a non - platted private drive, the setback is measured from the
back of curb or edge of pavement.
SBR: As required through the School Board Review process
The Lord's Way Access Improvements:
Hacienda Lakes, PUDZ- 2006 -AR -10146 (8/23/11) Page 27 of 50
COUNTY ATTORNEY DRAFT
In the event that Tract BP is developed as a business park, the Lord's Way shall be improved by the
Developer with roadway facilities as generally depicted by LDC Appendix B -4, a Commercial/Industrial
typical roadway section, prior to the issuance of the first certificate of occupancy for a business park land
use. In the event that Tract BP is developed as an educational facility, the Lord's Way shall be improved by
the Developer as generally depicted by LDC Appendix B -3, a Local Street typical roadway section.
TABLE IV
ATTRACTION AND JUNIOR DEPUTY DEVELOPMENT STANDARDS
DEVELOPMENT STANDARD
PRINCIPAL USES
ACCESSORY USES
MINIMUM LOT AREA
1 ACRE
N/A
MINIMUM LOT WIDTH
100 FEET
N/A
MINIMUM YARDS (MEASURED FROM
TRACT BOUNDARY)
20 FEET, PLUS 1 FOOT FOR
EACH 2 FEET OF BLDG. HT.
OVER 50 FEET
20 FEET
MINIMUM YARDS (MEASURED FROM
MPUD BOUNDARIES
25 FEET"
20 FEET
PRESERVE SETBACK
25 FEET
10 FEET
MIN_ DISTANCE BETWEEN
STRUCTURES
15 FT. OR %z THE SUM OF
BUILDING HEIGHTS*
10 FEET
MAXIMUM ZONED HEIGHT
50 FEET
50 FEET
MAXIMUM ACTUAL HEIGHT
75 FEET
75 FEET
MINIMUM FLOOR AREA
1000 SQUARE FEET **
N/A
* Whichever is greater
** Not applicable to modular units, trailers, towers, camping pavilion, and similar structures to support the
utilization of the attraction facilities, which have no minimum floor area limitations
Parking for Junior Deputy: Required parking for the JD designated areas of the MPUD shall be calculated
at the rate of one parking space for each 1000 square feet of covered camping pavilion.
Junior Deputy Target Orientation: Archery and air rifle ranges shall be oriented for a line of fire only to
the east, or north, and shall have a back stop that shall be comprised of absorbing materials such as an
earthen berm, hay bales, or similar treatments, each installed according to industry standards, to prohibit
projectiles from exiting the range area.
Hacienda Lakes, PUDZ- 2006 -AR -10146 (8/23/11) Page 28 of 50
Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 29 of 50
COUNTY ATTORNEY DRAFT
EXHIBIT D
LEGAL DESCRIPTION
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN
SECTION l I THROUGH 14 AND 23 THROUGH 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST AND SECTION 19
AND 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING FURTHER BOUND
AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 30; THENCE S.89 °10'42 "W. ALONG THE
SOUTH LINE OF SAID SECTION FOR 2835.68 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION;
THENCE S.8901 1'14"W. ALONG SAID SOUTH LINE FOR 2906.24 FEET TO THE SOUTHEAST CORNER OF SAID
SECTION 25; THENCE S.89 009'39 "W. ALONG THE SOUTH LINE OF SAID SECTION FOR 2693.18 FEET TO THE
SOUTH QUARTER CORNER OF SAID SECTION; THENCE S.89 °11'01 "W. ALONG SAID SOUTH LINE FOR
2693.80 FEET TO THE SOUTHWEST CORNER OF SAID SECTION; THENCE N.00 °13'35 "W. ALONG THE WEST
LINE OF SAID SECTION FOR 2636.34 FEET TO THE WEST QUARTER CORNER OF SAID SECTION; THENCE
N.00 014'15 "W. ALONG SAID WEST LINE FOR 2637.01 FEET TO THE NORTHWEST CORNER OF SAID
SECTION; THENCE N.87 °07'13 "E. ALONG A LINE COMMON TO SAID SECTION 24 AND 25 FOR 1704.07 FEET
TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 24; THENCE N.01 108'02 "E. ALONG THE EAST
LINE OF SAID FRACTION FOR 684.58 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE
N.87 012'28 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 340.01 FEET TO AN INTERSECTION WITH
THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID
SECTION; THENCE N.01 °04'11 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 2052.01 FEET TO THE
NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION; THENCE S.87 12821 "W. ALONG SAID NORTH LINE FOR 2025.64
FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 23 AND 24; THENCE S.89 °01'58 "W. ALONG
THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23 FOR 1328.51 FEET TO THE
NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION;
THENCE S.0 I " I 8'52"W. ALONG THE WEST LINE OF SAID FRACTION FOR 679.65 FEET TO THE SOUTHEAST
CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER;
THENCE S.89 022'00 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 663.28 FEET TO THE
SOUTHWEST CORNER OF SAID FRACTION; THENCE N.01 °14'38 "E. ALONG THE WEST LINE OF SAID
FRACTION FOR 675.75 FEET TO THE NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION
WITH THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE S.89 °01'58 "W.
ALONG SAID NORTH LINE FOR 664.25 FEET; THENCE CONTINUE S.89 °01'58 "W. ALONG SAID LINE FOR
627.16 FEET; THENCE N.01 °01'15 "E. FOR 1699.99 FEET; THENCE S.89 °01'58 "W. FOR 701.42 FEET TO AN
INTERSECTION WITH THE EAST LINE OF A 170 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY
EASEMENT; THENCE S.01 °01'15 "W. ALONG SAID EAST LINE FOR 68.31 FEET; THENCE S.89 101'58 "W. FOR
1232.97 FEET TO AN INTERSECTION WITH THE EAST LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 21, AT PAGE 183 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY; THENCE N,00 °51'54 "E.
ALONG SAID EAST LINE FOR 956.27 FEET TO AN INTERSECTION WITH A LINE 30.00 FEET SOUTH OF AND
PARALLEL WITH (AS MEASURED ON A PERPENDICULAR) THE SOUTH LINE OF SAID SECTION 14;
THENCE N.87 °37'31 "E. ALONG SAID PARALLEL LINE FOR 1237.00 FEET TO AN INTERSECTION WITH THE
EAST LINE OF SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE N.01 101'15 "E. ALONG
SAID EAST LINE FOR 30.05 FEET TO THE SOUTHWEST CORNER OF THE SOUTH HALF OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE N.87 137'31 "E. ALONG THE
SOUTH LINE OF SAID FRACTION FOR 1337.24 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST
QUARTER OF SAID SECTION 14; THENCE N.00 °48'00 "E. ALONG THE EAST LINE OF SAID FRACTION FOR
268332 TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER; THENCE S.87 °31'38 "W. ALONG THE SOUTH LINE OF SAID
FRACTION FOR 334.19 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.00 048111 "E.
ALONG THE WEST LINE OF SAID FRACTION FOR 1341.38 FEET TO THE NORTHWEST CORNER OF SAID
FRACTION AND AN INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION; THENCE S.87 028'42 "W. ALONG SAID SOUTH LINE FOR 1002.41
FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE EAST LINE
OF SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE N.00 °4845 "E. ALONG SAID WEST
AND EAST LINE FOR 335.13 FEET TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTH
Hacienda Lakes, PUDG- 2006 -AR -10146 (8/23/11) Page 30 of 50
COUNTY ATTORNEY DRAFT
HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE S.87 027'58 "W. ALONG THE
NORTH LINE OF SAID FRACTION FOR 1236.32 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID
LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 21, AT PAGE 183; THENCE N_00 049'30 "E. ALONG SAID
EAST LINE FOR 1004.62 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 11;
THENCE N.00 050'27 "E. ALONG SAID EAST LINE FOR 344.07 FEET TO AN INTERSECTION WITH THE NORTH
LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER; THENCE N.87 °28'56 "E. ALONG SAID NORTH LINE FOR 1235.95 FEET TO THE NORTHEAST
CORNER OF SAID FRACTION; THENCE S.00 149'13 "W. ALONG THE EAST LINE OF SAID FRACTION FOR
342.92 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH
LINE OF SAID SECTION 14; THENCE N.87 °2545 "E. ALONG SAID NORTH LINE FOR 1336.32 FEET TO THE
NORTH QUARTER CORNER OF SAID SECTION; THENCE CONTINUE N.87 °25'45 "E. ALONG SAID NORTH
LINE FOR 668.16 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE S.00 °47'37 "W. ALONG THE EAST LINE OF SAID
FRACTION FOR 671.11 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14; THENCE N.87 027'14 "E. ALONG
THE NORTH LINE OF SAID FRACTION FOR 668.22 FEET TO THE NORTHEAST CORNER OF SAID FRACTION;
THENCE S.00 047'14 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 671.39 FEET TO THE SOUTHEAST
CORNER OF SAID FRACTION; THENCE N.87 128'42 "E. ALONG THE SOUTH LINE OF THE NORTH HALF OF
THE NORTHEAST QUARTER OF SECTION 14 1336.55 FEET TO THE SOUTHEAST CORNER OF SAID
FRACTION AND THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 13; THENCE N.87 °30'06 "E, ALONG THE SOUTH LINE OF SAID FRACTION FOR
1328.72 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.00 138'50 "E. ALONG THE EAST
LINE OF SAID FRACTION FOR 1345.26 FEET TO THE NORTHEAST CORNER OF SAID FRACTION AND THE
SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 12; THENCE
N.00 °41'44 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 2707.07 FEET TO THE NORTHWEST CORNER
OF SAID FRACTION; THENCE N.87 °40'34 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 1321.29
FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00 °36'23 "W. ALONG THE EAST LINE OF
SAID FRACTION FOR 2701.30 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION SAID POINT BEING
THE NORTH QUARTER CORNER OF SAID SECTION 13; THENCE S_87 126'11 "W. ALONG THE NORTH LINE OF
SAID SECTION FOR 662.90 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE S.00 °35'02 "W. ALONG THE EAST
LINE OF SAID FRACTION FOR 1345.93 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE
S.87 °30'06 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 664.36 FEET TO THE SOUTHWEST
CORNER OF SAID FRACTION AND SAID SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER; THENCE S.00 °38'50 "W. ALONG THE WEST LINE OF THE NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER FOR 672.63 FEET TO THE SOUTHWEST
CORNER OF SAID FRACTION; THENCE N.87 °32'03 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR
665.09 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.00 035'02 "W. ALONG THE EAST
LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER FOR
672.97 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.87 033'59 "W. ALONG THE SOUTH
LINE OF SAID FRACTION FOR 665.81 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE
S.00 038'51 "W. ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
FOR 1345.10 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.87 037'27 "W. ALONG THE
SOUTH LINE OF SAID FRACTION FOR 667.27 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE S.00 042'40 "W. ALONG THE WEST
LINE OF SAID FRACTION FOR 1344.51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND AN
INTERSECTION WITH THE NORTH LINE OF SAID SECTION 24; THENCE N.87 040'54 "E. ALONG SAID NORTH
LINE FOR 2006.20 FEET TO THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER; THENCE S.00 °56'29 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 1368.25
FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.87 034'58 "E. ALONG THE SOUTH LINE
OF SAID FRACTION FOR 1343.68 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE
N.00 041'32 "E. ALONG THE EAST LINE OF SAID FRACTION FOR 1365.31 FEET TO THE NORTHEAST CORNER
OF SAID FRACTION; THENCE N.87 °41'38 "E. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF
THE NORTHEAST QUARTER FOR 1337.58 FEET TO THE NORTHEAST CORNER OF SAID SECTION; THENCE
S.00 026'32 "W_ ALONG THE EAST LINE OF SAID SECTION FOR 1703.00 FEET TO THE SOUTHEAST CORNER
OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER; THENCE S.87 033'18 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 672.60
FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF
THE NORTHEAST QUARTER; THENCE S.00 °34'02 "W. ALONG SAID WEST LINE FOR 1022.89 FEET TO THE
Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 31 of 50
COUNTY ATTORNEY DRAFT
SOUTHWEST CORNER OF SAID FRACTION; THENCE N.87 128121 "E. ALONG THE SOUTH LINE OF SAID
FRACTION FOR 674.89 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 19; THENCE S.88 °12'42 "E.
ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER FOR 3093.52 FEET TO THE NORTHEAST
CORNER OF SAID FRACTION; THENCE S.03 °39'20 "W. ALONG THE EAST LINE OF SAID FRACTION FOR
2676.74 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE N.88 °56'10 "W. ALONG THE
SOUTH LINE OF SAID FRACTION FOR 2940.59 FEET TO THE SOUTHWEST CORNER OF SAID SECTION;
THENCE S.87 007'20 "W. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 FOR
2726.50 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION; THENCE S.87 °07'13 "W. ALONG THE
NORTH LINE OF THE NORTHWEST QUARTER FOR 807.16 FEET; THENCE S.03 °18'31 "E. FOR 1451.00 FEET;
THENCE N.88 056'54 "E_ FOR 1582.00 FEET; THENCE S.00 °31'35 "E. FOR 1130.61 FEET; THENCE S.89 °15'59 "E.
FOR 1823.18 FEET TO THE EAST QUARTER CORNER OF SAID SECTION; THENCE N.89 057'58 "E. ALONG THE
NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30 FOR 2200.53 FEET TO THE NORTHWEST CORNER
OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE
S.00 037'14 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 1344.51 FEET TO THE SOUTHWEST
CORNER OF SAID FRACTION; THENCE N.89 °3443 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR
365.01 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF THE WEST HALF OF THE SOUTH HALF; THENCE S.00 °41'48 "W. ALONG THE
WEST LINE OF SAID FRACTION FOR 671.03 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION;
THENCE N.89 023'00 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 364.14 FEET TO THE SOUTHEAST
CORNER OF SAID FRACTION; THENCE N.89 °22'35 "E. FOR 710.09 FEET TO THE SOUTHEAST CORNER OF
THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE EAST HALF OF
THE SOUTH HALF; THENCE N.00 °52'45 "E. FOR 1334.78 FEET TO THE NORTHEAST CORNER OF THE EAST
HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH
HALF; THENCE S.89 °46'12 "W. ALONG THE NORTH LINE OF SAID FRACTION FOR 356.23 FEET TO THE
NORTHWEST CORNER OF SAID FRACTION; THENCE N.00 049'34 "E. ALONG THE EAST LINE OF THE WEST
HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH
HALF FOR 668.60 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE N.89 057'58 "E. ALONG
THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30 FOR 2497.82 FEET TO THE EAST QUARTER
CORNER OF SAID SECTION; THENCE S.01 °12'08" W. ALONG THE EAST LINE OF THE SOUTHEAST QUARTER
OF SAID SECTION FOR 2640.60 FEET TO THE POINT OF BEGINNING.
101,084,043 SQUARE FEET OR 2,320.6 ACRES +/-
LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCELS:
PARCEL "A"
BEGINNING AT THE NORTHEAST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF OF SAID SECTION 30; THENCE
S.00 059'10 "W. FOR 1329.95 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE
S.89022'35 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 355.05 FEET TO THE SOUTHWEST
CORNER OF SAID FRACTION; THENCE N.00 055'57 "E. FOR 1332.36 FEET TO THE NORTHWEST CORNER OF
SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF
THE SOUTH HALF; THENCE N.89 046'12 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 356.23 FEET
TO THE POINT OF BEGINNING.
473,270 SQUARE FEET OR 10.9 ACRES +/-
PARCEL "B"
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTEROF SAID SECTION 24; THENCE N.87 128'21 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR
1349.77 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00'40'1 0"W'. ALONG THE EAST
LINE OF SAID FRACTION FOR 1361.17 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE
S.87 017'48 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1356.51 FEET TO THE SOUTHWEST
CORNER OF SAID FRACTION; THENCE N.00 °5629 "E. ALONG THE WEST LINE OF SAID FRACTION FOR
682.86 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE S.87 °23'02 "W. ALONG THE SOUTH LINE
OF SAID FRACTION FOR 338.41 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE
N.01 000'20 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 683.43 FEET TO THE NORTHWEST CORNER
Hacienda Lakes, PUDZ- 2006 -AR -10146 (8/23/11) Page 32 of 50
COUNTY ATTORNEY DRAFT
OF SAID FRACTION; THENCE N.87 °28'21 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 337.61 FEET
TO THE POINT OF BEGINNING.
2,072,100 SQUARE FEET OR 47.6 ACRES +/-
Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 33 of 50
COUNTY ATTORNEY DRAFT
EXHIBIT E
LIST OF REQUESTED DEVIATIONS FROM LDC
Deviation #1 seeks relief from LDC Subsection 6.06.013, related to streets in subdivisions, that requires
subdivisions to have platted road rights -of -way for streets, to allow private streets to be provided by separate
access easements rather than platted road rights -of way.
Deviation #2 seeks relief from LDC Section 5.04.04.B.5.c that limits the number of model homes, to allow
one model home for each variant of the residential product proposed in the various phases or communities
within the project. The number of model homes may exceed five for each phase or community within the
project, but shall not exceed a total of 60 models for the entire MPUD development.
Deviation #3 seeks relief from LDC Section 5.06.02 to allow "boundary marker" signage on property
corners fronting on existing, proposed, or future public roadways that provide access to the MPUD. The sign
content area for "boundary markers" to be located in the Residential Tract R may be 15 feet in height rather
than 8 feet in height as limited in LDC Subsection 5.06.02B.6.b.
Deviation 04 seeks relief from LDC Section 5.03.02.C.2. that limits fence or wall heights to six (6') feet, to
allow fences or walls to be no greater than eight (8) feet throughout the development. Where associated
with existing or future public roadways, or Tract A, a 20 foot tall visual screen may be installed as a wall,
berm, or wall/berm combination.
Deviation #5 seeks relief from LDC Sections 4.02.13 G., and 4.06.02 C.S., that requires a six foot tall
opaque architecturally finished masonry wall, or berm, or combination thereof be provided around the
boundaries of a business park. Buffering around the proposed Business Park Tract would be as required by
the entirety of the referenced sections of the LDC, but the six foot wall, or berm, or combination thereof
would only be required where the Business Park Tract abuts the Residential Tract.
Deviation #6 seeks to allow one real estate sign in addition to the real estate signage permitted in LDC
Section 5.06.02 B.2., that would be erected off -site from the Residential Tract, in the Commercial Tract.
Deviation #7 The existing Swamp Buggy sign located in the southeast corner of Rattlesnake Hammock road
and Collier Boulevard shall be allowed to remain in the present location until: the sign is relocated to allow
the construction of the bridge to extend Rattlesnake Hammock Road, and/or a new sign can be permitted in
Tract C.
Deviation 98 seeks relief from LDC Section 5.05.04 D.I. that limits care unit Floor Area Ratio (FAR) to
0.45, to allow a care unit FAR of 0.60.
Hacienda Lakes, PUDZ- 2006 -AR -10146 (8/23/11) Page 34 of 50
COUNTY ATTORNEY DRAFT
EXHIBIT F
LIST OF OWNER COMMITMENTS
For the purposes of this PUD, the owner commitments set forth below are applicable to Hacienda Lakes of
Naples, LLC, its successors, and/or assigns. The owner commitments below shall not be enforceable upon
Swamp Buggy Days, Inc., nor Collier County Junior Deputies League, Inc.
LEGAL
A. Access to Parcel "A ", as described in Exhibit D of this document and is not apart of this MPUD
shall be accessible via a new roadway easement from Owner that shall be recorded in the public
records of Collier County, and shall run in a north -south direction from the existing thirty-foot
roadway easement recorded in O.R. Book 857, Page 1800. This easement shall be recorded
within 90 -days of approval of this PUD
B. Access to Parcel "B ", as described in Exhibit D of this document and is not a part of this MPUD
shall be accessible via the existing roadway and ingress /egress easements recorded in O.R. Book
271, Page 505, O.R. Book 622, Page 1609, O.R. Book 245, Page 124, and O.R. Book 287, Page
18.
C. No existing public access /roadway easements shall be vacated to preclude access to off -site
private and public lands without providing replacement access easements.
II ENVIRONMENTAL
A. Native vegetation shall be preserved in this MPUD in accordance with the table below:
Hacienda Lakes Native Preserve Summary
Description
Total
Urban ac
Rural ac
Project Area
2262.14
625.07
1637.07
On -Site Native Vegetation
1721.97
295.38
1426.59
Less the Native Veg Within Rattlesnake Hammock Ext.
2.02
2.02
0.00
Less the Native Veq Within The Lords Way Ext.
0.42
0.42
0.00
Less the Native Veg Within the Benfield Road Corridor
12.91
5.01
7.90
Less the Native Veq Within Archaeological Preserves
6.07
1.06
5.02
Native Vegetation For Requirement Calculations
1700.54
286.87
1413.67
Percentage for required Native Preserve
-
25%
Required Native Vegetation*
<921.09
71.71
X849.38
Preserved Native Vegetation **
1395.35
40.81
1352.57
Compensating Native Preserve 2x URF Deficit "
61.80
Total Preserve Area
1544.14
53.06
1491.08
Hacienda Lakes, PU DZ-2006-AR- 10 146 (8/23/11) Page 35 of 50
COUNTY ATTORNEY DRAFT
* Native Preserve Requirement (LDC Subsection 2.05.02 2.g.ii.) of 90% within the RFMUD Sending Lands exceeds
60% of the total project RFMUD Sending Lands. Therefore, over 60% of the total project RFMUD Sending Lands shall
be the required Rural native vegetation area.
** Compliance with LDC Subsection 3.05.07 H.l.a., requires native vegetation planting enhancement of a minimum of
12.24 acres of the project's URF Subdistrict Preserve Tract. Compliance with 100% of the native vegetation
preservation requirement shall be achieved through preserving RFMUD project native vegetation in an amount two times
the deficient native vegetation preserve acreage in the URF Subdistrict project lands as is provided for through the
adopted GMP amendment.
B. A Wetland Mitigation /Monitoring plan is to be submitted once approved from SFWMD, for
County review.
C. The MPUD shall be developed in accordance with the Wildlife Habitat Management Plan
accepted by Collier County as contained in the Environmental Impact Statement.
D. An updated listed species survey for the future development areas shall be submitted prior to
the next development order approval.
E. Installation of the Sabal Palm Road culvert crossings and spreader swales shall occur prior to
the first preliminary acceptance.
III ENGINEERING
A. A SFWMD ROW permit will be required for widening the bridge at Rattlesnake Hammock/951
over the Henderson Creek Canal.
IV ARCHAEOLOGICAL and HISTORIC RESOURCES
A. The five archaeological sites identified within the Hacienda Lakes parcel are denoted AP,
Archaeological Preserve on Sheets 3 -12 in the MPUD Master Plan Set. These sites must remain
undeveloped. A public access easement around the archaeological sites for potential digs and
further study has been provided. Disturbance to these five protected archaeological sites may
only occur with County approval, and any disturbance shall only be permitted under the direct
supervision of a qualified archaeologist.
B. Historical /archeological areas are not used to meet preserve requirements because if an
archaeological dig is required, then native vegetation would have to be removed_
V EMERGENCY MEDICAL SERVICES
A. In order to mitigate for the project impacts and demand on Emergency Medical Services
(EMS), the developer shall provide a one acre parcel to Collier County. This public facility
site is identified as "PF" on the MPUD Master Plan (Exhibit C). The dedication of the one
acre site shall be by deed to Collier County and is subject to an Emergency Medical Services
impact Fee credit based on the fair market value of the donated property. The valuation of
the one acre site dedication has been determined to be S , , .00 per acre, for the purposes
of the Emergency Medical Services Impact Fee credit, and the conveyance shall occur no
later than at the time the 500`h residential unit is included in a development order request
(site development plan, or plat), subsequent to the adoption of the DRI. Development Order.
Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 36 of 50
COUNTY ATTORNEY DRAFT
VI TRANSPORTATION
For the purposes of the following commitments, it must be understood that the property was divided
into three main areas:
North area being north of The Lord's Way extension;
South area being south of Rattlesnake Hammock Road plus School;
Benfield Road Improvements.
The South area commitments shall be constructed in a sequential manner. However, the rest of the
commitments are not sequential and can be accomplished in no specific order. Similarly, the three
areas identified above are not required to be developed in a sequential manner.
SOUTH AREA
The Owner shall construct (here forward to mean "constructed to meet minimum County
requirements for acceptance "), at its sole expense without road impact fee credits, the initial
two lanes (south side) of Rattlesnake Hammock Road Extension from C.R.951 to Florida
Power Line Easement (approximately 0.25 miles). In addition, the Owner shall construct the
Collier Boulevard/Rattlesnake Hammock Road intersection interim geometry as shown in
Figure 1, below and to improve the bridge on Rattlesnake Hammock Road Extension over
the canal to the interim geometry as shown in Figure 1, below. Upon completion (here
forward to mean "completed construction to County minimum requirements, and reserved
for future conveyance to the County at the County's request. ") of all of such improvements,
the Owner shall be allowed to develop up to 327,500 square feet of Retail Land Uses, or
Residential Pod A, or some combination of the two land uses. However, the total number of
gross trips to be generated by this portion of development shall not exceed 1,409 PM peak
hour trips. In the event that Residential Pod A is developed, access to Pod A will be either
an internal private roadway or via an extension of Rattlesnake Hammock Road to the
entrance of Pod A. These improvements and the areas allowed to develop upon completion
of these improvements are depicted in Figure 1, below. All of these improvements are site
related improvements.
Hacienda Lakes, PUDZ - 2006 -AR -10146 (8/23/11)
Page 37 of 50
COUNTY, ATTORNEY DRAFT
II. The Owner shall construct, at its own expense and without road impact fee credits,
Rattlesnake Hammock Road Extension from Florida Power Line Easement to the road
leading into Swamp Buggy grounds (approximately 0.25 miles) and improve the bridge on
Rattlesnake Hammock Road Extension over the canal to the final geometry as shown is
Figure 2, below. These improvements are site related improvements. Upon completion of
such improvement, the Owner shall be allowed to develop the following additional land
uses:
20,000 Square Feet of General Office, and;
50,000 Square Feet of Medical Office, and;
135 Room Hotel, and;
Remaining portion of the 327,500 Square Feet of Retail (if applicable pursuant to
Commitment l), and;
Remaining portion of Residential Pod A (if applicable pursuant to Commitment I),
and;
Required residential uses within Activity Center land use;
Hacienda Lakes, PUDZ- 2006 -AR -10146 (8123/11) Page 38 of 50
COUNTY ATTORNEY DRAFT
These improvements and the area allowed to develop upon completion of these
improvements are depicted in Figure 2, below.
III. The Owner shall construct, at its sole expense, Rattlesnake Hammock Road Extension from
the road leading into Swamp Buggy grounds to the future Benfield Road as a two lane road,
including construction of the Rattlesnake Hammock Road Extension at Benfield Road
intersection. Upon completion of such improvement, the Owner shall be allowed to develop
the following additional land uses:
919 Student Elementary School, and;
Residential Pod B.
Since only a portion of the capacity to be provided by this two lane section will be consumed
by the Hacienda Lakes PUD, the Owner shall receive road impact fee credits equal to 50%
of the cost of this improvement. The cost of this improvement will be determined at the time
of construction, and shall include the fair market value of the land or easement when the
Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 39 of 50
COUNTY ATTORNEY DRAFT
Owner conveys the road right of way to the County, free and I clear of liens and
encumbrances. Fair market value has been determined to be $ , , 00 per acre. This
improvement and the area allowed to develop upon completion of this improvement are
depicted in Figure 3, below. Fifty percent (50 %) of the cost of this improvement is deemed
a site - related improvement.
Figure 3— Hacienda Lakes DRI - Commitment III
NORTH AREA
IV. With no improvement other than a bridge to be constructed by the Owner, at its sole cost and
without road impact fee credit, over the water canal that runs parallel to C.R.951 at the
northern project site access, the Owner shall be allowed to develop Residential Pod C (not to
exceed 300 PM peak hour trips at the connection to C.R.951). This improvement and the
area allowed to develop upon completion of this improvement are depicted in Figure 4,
Hacienda Lakes, PUDZ- 2006 -AR -10146 (8!23111) Page 40 of 50
COUNTY ATTORNEY DRAFT
below. At no time will the County accept ownership of this bridge. This improvement is a
site related improvement.
Fieure 4 — Hacienda lakes DRI - Commitment IV
V. The Owner shall, at its sole expense and without road impact fee credits, complete the
reconstruction of The Lord's Way from C.R.951 to Florida Power Line Easement and
construct the extension of The Lord's Way from Florida Power Line Easement to the west
entrance to the Business Park with a two lane undivided cross section. In addition, when the
Collier Boulevard at The Lord's Way intersection is signalized upon meeting warrants, the
cost of the sigrlalization 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. Upon completion of such road improvement, the Owner shall be allowed to
develop the following additional land uses:
140,000 Square Feet of Business Park, and;
Residential Pod D.
Hacienda Lakes, PUDZ - 2006 -AR -10146 (8123111) Pajz 41 of 50
COUNTY ATTORNEY DRAFT
These improvements and the area allowed to develop upon completion of these
improvements are depicted in Figure 5, below.
- Commitment V
Florida Power Line Easement
Residential
Pod C
Residential
Pad D
Leeend
Nsting Lanes/Turn Lanes
i`
Lanes/Turn Lanes to be Constructed /Reconstructed
Roadway Segment Previously Constructed
Roadway Segment to be Constructed
Area Previously Developed
E] Area to be Developed
When the DRI has received certificates of occupancy for 66 percent of the total commercial
and residential development authorized by the DRI, Collier County will perform an
evaluation and inform the Owner if it is necessary to convey road right of way to the County
for the section of The Lord's Way Extension from the west entrance to the Business
Park/School to Benfield Road. If Collier County requests the road right of way, the Owner
shall convey byroad easement to the County the needed road right of way up to a width of
40 feet, free and clear of all liens and encumbrances, and shall receive impact fee credits
equal to 100 percent of the fair market value of the road easement conveyed to the County
which has been detennined to be $ , , .00 per acre. No further certificates of occupancy
shall be issued until the road easement conveyance is recorded in the public records of
Collier County. If this segment of The Lord's Way is not deemed necessary (through
documentation, or lack thereof, in the LRTP or the CIE) by the time the development
achieves 66 percent of the total approved development quantities, this commitment shall be
considered expired.
Hacienda Lakes, PUDZ - 2006 -AR -10146 (8/23/11) Page 42 of 50
COUNTY ATTORNEY DRAFT
BENFIELD ROAD IMPROVEMENTS
VI. The Owner shall construct; at its sole expense Benfield Road from Rattlesnake Hammock
Road Extension to the entrance of Residential Pod E with a two lane undivided cross section
and reserve the right of way necessary for the final 4 lane divided cross section. Residential
Pod E shall be connected in a consistent manner with the County's right of way reservation
plans or construction plans for future Benfield Road sections. Upon completion of such
improvement and acceptance by Collier County of the improvements, the Owner shall
convey to the County a road easement for the road right of way needed for this section of
Benfield Road up to a width of 150 feet, free and clear of all liens and encumbrances. Upon
recordation of the road easement in the public records of Collier County, the Owner shall
receive road. impact fee credits for 50% of the fair market value of the road easement
necessary for this section of Benfield Road and for the increase in cost resulting from the
construction of the road according to County Standards (arterial) instead of as a local
subdivision road. The fair market value of 50% of the conveyance of the road right of way
easement to the County has been determined to be S , , .00 per acre. Fifty percent (50 %)
of the fair market value of the road right of way easement and the total cost of the
improvements are site- related improvements. The Cost of this improvement will be
determined at the time of construction. Upon completion of such improvement, the Owner
shall be allowed to develop the following additional land uses:
Residential Pod E.
These improvements and the area allowed to develop upon completion of this improvement
are depicted in Figure 6, below.
Hacienda Lakes, PUDZ - 2006 -AR -10146 (8/23/11) Page 43 of 50
COUNTY &TTORNEY DRAFT
VII. Benfield Road South of Rattlesnake Hammock Extension and north of Residential Pod E
connection to Benfield Road: the Owner will convey right of way to Collier County by road
easement for Benfield Road on, areas not to be built by Owner up to a width of 150 feet, free
and clear of all liens and encumbrances.. Upon such conveyance, �ollier County will
provide road impact fees credits for 100% of the fair market value o the road easement.
The value of the right of way has been determined to be $ .00 per acre. The area to be
conveyed is depicted in Figure 7, below.
Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 44 of 50
Figure 6 — Hacienda Lakes DRI - Commitment VI
FIorida Power lane Easerrent
Rts7ddttlal �'
Thttord's wa
i
Rai tlrr.7Ft"arnMW"ItR xt
Residential
Pud A
Existing Lantis/Tum Lanes
Leae%Ourn Lance lobe c mstruct c-d /Reconutruc ted
-
Roadway `x;nrertPreviouslyConstructed
Roadway Segment to be Canstnxted
Area Pres•IDUSty Developed
E
Area to be Dv%vl.
VII. Benfield Road South of Rattlesnake Hammock Extension and north of Residential Pod E
connection to Benfield Road: the Owner will convey right of way to Collier County by road
easement for Benfield Road on, areas not to be built by Owner up to a width of 150 feet, free
and clear of all liens and encumbrances.. Upon such conveyance, �ollier County will
provide road impact fees credits for 100% of the fair market value o the road easement.
The value of the right of way has been determined to be $ .00 per acre. The area to be
conveyed is depicted in Figure 7, below.
Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 44 of 50
COUNTY ATTORNEY DRAFT
re T - Hadenda Lakes t]itt - Commitment Va
VIII. Benfield Road South of Sabal Palm Road: the Owner shall convey by road easement to the
County the right of way needed for the future construction of Benfield Road south of Sabal
Palm Road (approximately 1.00 mile) up to a width of 150 feet free and clear of all liens
and encumbrances and at no expense to the County. In addition, the O}Vner shall receive no
impact fee credits for such right of way conveyance. This is a site- related improvement. The
area to be dedicated is depicted in Figure 8, below.
Hacienda Lakes, PUDZ - 2006 -AR 10146 (8123/1 l) Page 45 of 50
COUNTY ATTORNEY DRAFT
Figure 8 — Hacienda lakes DRI - Commitment VIII
Florida Power line
Easement
i
i
1 x
4i
717
I
4
v
Legend
Right of Way to be Dedicated
1X. As a part of its State and Federal permits, the Owner shall pay for mitigation required for
State and or Federal environmental. impacts arising from the permitting for portions of
Bonfield Road described in Commitments VI and VII. In addition to this commitment, the
Owner shall at no cost to County either: (1) Convey drainage easements) to the County for
their stormwater management facility needs free and clear of all liens and encumbrances, or
(2) agree to accept stormwater from Benfield Road into the Project's stormwater
management system. These are site - related contributions.
X. At two thresholds during construction of this DRI, the Owner shall provide to Collier County
a transportation analysis which compares the value of the Owner's contribution to the
County's public road network against the DRI's proportionate share, (as defined in the State
of Florida's HB 7207) of which this DRI impacts County and State road segments. If
Owner's contribution is less than its impact based on the transportation analysis, then Owner
shall pay to County the difference in three installments starting 90 days after the
transportation analysis is agreed to by both parties, and then each 90 days thereafter until
paid in full. The transportation contribution by the Developer shall be defined as the sum of
all road impact fees paid to date, the costs of the non site - related transportation
improvements (those receiving road impact fee credits) on Rattlesnake Hammock Road,
Hacienda Lakes; PUDZ- 2006 -AR- 1.0146 (8/23/11) Pa -e 46 of 50
COUNTY ATTORNEY DRAFT
Benfield Road and the Lords Way, plus the value of any road right -of -way conveyance by
donation to the County unless otherwise calculated as an impact fee credit. The first
transportation analysis shall be submitted to the County when 33% of approved development
trips (1,109 total gross trips) have been permitted based on building permit issuance, without
projecting forward growth. The second transportation analysis will be submitted when 66%
of the approved development trips (2,219 total gross trips) have been permitted based on
building permit issuance, with a projection toward build out. The second analysis and
reconciliation will finali2e any transportation related assessments owed by the Developer for
the build out of the Project. With the annual PUD monitoring report, Developer shall provide
an annual trip generation analysis of trips approved by Site Development Plan approval and
building permit issuance compared to total trips approved within the DRI. upon triggering
33% or 66% as described above, Developer shall submit the transportation analysis
described in this paragraph within six months. No certificates of occupancy shall be issued
until the traffic analysis and annual trip generation analysis required by this paragraph and
any payments due have been delivered to County; unless the BCC grants an extension.
XI. Prior to the issuance of a certificate of occupancy for the first 75,000 square feet of retail
land uses, the Owner shall construct, at its sole expense, a Collier Area Transit (CAT)
stop /shelter fronting the Commercial Tract C that shall include a 10'x 20' pavilion shelter
with benches and protection from the elements, and include a minimum of three (3) bike
racks. Owner shall be responsible for maintenance of the bus stop /shelter unless Owner
elects to convey to County at no cost to County an easement for the bus shelter. The
location of the CAT shelter is generally depicted below on the Master Mobility Plan. This is
a site - related contribution.
X1I. Prior to the issuance of a certificate of occupancy for the first 70,000 square feet of business
park land uses, or prior to the issuance of a certificate of occupancy for a school or
educational facility in the Business Park Tract, the Owner shall construct, at its sole
expense, a Collier Area Transit (CAT) stop /shelter fronting the Business Park Tract BP that
shall include a 10'x 20' pavilion shelter with benches and protection from the elements, and
include a minimum of three (3) bike racks. Owner shall be responsible for maintenance of
the bus stop /shelter unless Owner elects to convey to County at no cost to County an
easement for the bus shelter. The location of the CAT shelter is generally depicted below on
the Master Mobility Plan. This is a site- related contribution.
Hacienda Lakes, PUDZ- 2006 -AR- 1.0146 (8/23/11) Page 47 of 50
i
1
i
1
1
1
1
d+ i
d i
w i
� 1
a i
0° 1
K
w
J
J
O
Access
Proposed
Access
RATTLESNAKE
HAMMOCK RQ,
EXISTING
CAT
ROUTE 4A
EXISTING
CAT
ROUTE4A
&4B,
COUNTY (ATTORNEY DRAFT
Legend
Land Use
ElCAT 8701`0 ELTER
AH actien7ac!
-- Proposed CAT Roue 4A & 48 Extension
- Business Park or School
---- Existing CAT Router 4A& 48
Commercial
Q FXnting CATFadIRy4A
Preserve Tract
'{ Existing CAl' Fadllty 4a
Pudic Facilities Trad (EMS)
— Exis!tg CAT Route T
_u _., Junior Deputy
— Proposed Pedestrian Fadllitirs
Scliool
^- E &UV Shared llae Path
Residential Trod
Protedt BOWKWY
Residential I Medical Use
Develppmcr Boundary
,. PuNicROWRe mtiol
\ EXISTING CAT
ROUTE 7
i (TO MARCO ISLAND)
DEVELOPER
i PROPOSED CAT
STOP /SHELTER,
THE LORD'S WAY
i POTENTIAL
i CAT STOP/SHELTER/
1 PROPOSED
i 4A &413 CAT
i ROUTE EXTENSION
i DEVELOPER
i PROPOSED
CAT STOPISHELTE
i PROP. RATTLESNAN
■ HAMMOCK RD. EX'
A = vtur_
CAT CAT W
FACILITY FACILITY
4A (TYP) 48 (TYP)
Pedestrian Facilities V411
Be Extended Along All
Internal Roads Even If Not Shovm
— POTENTIAL
CAT STOP /SHELTER
Pedest a"Ittes will
BcFxten Along All
Internal Roads en it Not Shown
STATE
LANDS
0 Sea 1.0ca MAN'
Hacienda Lakes
Master Mobility Plan
:.J- \J r?me.d er ems.
RM'adee OONri ]er0
N tilt r Wq s ®dw_o�a¢szoL
COUNTY ATTORNEY DRAFT
VII PUBLIC UTILITIES
A. Per the current 2008 Water and Sewer Master Plan Update, the majority area of this project is
located withal the Collier County Water -Sewer District Boundary; there are some areas of this
project that currently are outside of the Collier County Water & Sewer District Boundary. The
areas that are not part of Collier County Water -Sewer District also do not belong to any other
Water -Sewer District. Since Public Utilities can provide service as requested by this project,
Impact Fees will be applied to the entire area to be developed.
B. Based on review of the County's G1S system there is an existing 36 -inch water main on CR 951.
The water loop connections should be made through this 36" water line.
C. The project shall connect to the CCWSD wastewater collection and conveyance system at a
location determined by CCWSD, when capacity is available.
D. This future development is located on the zone of the existing South Hawthorn Wellfield for the
wellfield- SCRWTP expansion to 20 MGD. The Rules and Regulations for protection of well
fields shall be followed. All well sites and pipeline easements located on and close to this
development needs to be shown on all future site development plans, PPL or any other site plans
applications.
VIII PLANNING
A. Prior to the issuance of the first residential Development Order in the Hacienda Lakes MPUD,
the Base TDR Credits and Early Entry TDR Bonus Credits shall be severed and redeemed from
all Sending Lands to be preserved within one mile of the Urban Residential Fringe and the filing
of executed Limitation of Development Rights Agreement(s) shall occur for these same lands.
B. A permanent conservation mechanism, including Limitation of Development Rights
Agreement(s), [shall] be attached/applied to all Sending Lands to be preserved beyond one mile
of the Urban Residential Fringe prior to final approval of the first Site Development Plan (SDP)
for the Hacienda Lakes project.
IX SWAMP BUGGY DAYS RECREATION AND SPORTS PARK PUD GENERAL
DEVELOPMENT COMMITMENTS
The following commitments shall only apply to the Attraction and Junior Deputy Tracts:
General Provisions
A. All motor racing shall normally be limited to weekends and holidays. No motor racing or
practice will commence earlier than 9:00 a.m. and all racing shall be completed no later than
11:00 p.m.
B. The shooting and archery ranges shall meet accepted design standards regarding safety and shall
be operated and maintained in accordance with accepted safe practices. For security and safety,
access to the shooting and archery range areas shall be limited by fencing or other suitable
barriers.
C. Fencing and/or other suitable barriers will be provided on the site by the Owner for security,
safety, and traffic control.
Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 49 of 50
COUNTY ATTORNEY DRAFT
Roadways and Traffic
A. Roadways within the subject property shall be private roadways and shall be maintained by the
Owner. Therefore, said roadways shall be constructed and surfaced in accordance with. accepted
practices and as permitted by the County Ehguieer.
B. For special events such as the Swamp Buggy races, and as deemed necessary by the County
Sheriff, the Owner will arrange for special traffic control at the intersection of the main entrance
road with CR 951 and Rattlesnake Hammock !toad.
Utilities and Service Facilities
A. The potable water supply source for the project shall be the County regional water system (now
known as the Collier County Water Sewer District).
B. Permanent sanitary facilities shall be provided for everyday use by administrative and other
personnel. Treatment and disposal of wastewater from said facilities shall be by septic
tank/drainfield, or as otherwise permitted by Florida Administrative Code and approved by the
appropriate local and/or State regulatory agencies.
C. Sanitary facilities for spectators and participants at scheduled events shall consist of portable
toilets (provided by a licensed commercial service), or permanent restroom facilities, or both.
Wastewater from any permanent facilities provided for spectator use shall be stored in a buried
holding tank of suitable capacity and subsequently removed and disposed of offsite by a licensed
commercial service; or as otherwise permitted by Florida Administrative Code and approved by
the appropriate local and/or State regulatory agencies.
D. Onsite water well or wells may be constructed (as permitted) for flooding of the Swamp Buggy
track and other non - potable uses.
X DEVELOPMENT OF REGIONAL IMPACT
A. One entity (hereinafter the Managing Entity) shall be responsible for PUD and DRI monitoring
until close -out of the PUD and DRI, and this entity shall also be responsible for satisfying all
PUD/DRI commitments until close -out of the PUD and DRI. At the time of this PUD approval,
the Managing Entity is Hacienda Lakes of Naples 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 tine
PUD and DRI 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 and DR[ are closed-out, then the Managing
Entity is no longer responsible for the monitoring and fulfillment of PUD and. DRI
commitments.
CN 0- CPS -01024192
Hacienda Lakes, PUDZ-2006-AR- 10 146 (8/23/11) Page 50 of 50
AGENDA ITEM 9 -13
THIS ITEM HAS BEEN CONTINUED FROM THE JULY 21ST MEETING, THEN
AGAIN FROM THE AUGUST 4" MEETING.
YOU HAVE RECEIVED THIS MATERIAL AT THE JULY 21 ST MEETING.
DRI- 2006 -AR -1047,
HACIENDA LAKES DRI
COUNTY ATTORNEY DRAFT
RESOLUTION NO.
DEVELOPMENT ORDER
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY APPROVING
A DEVELOPMENT ORDER FOR HACIENDA LAKES, A
DEVELOPMENT OF REGIONAL IMPACT LOCATED IN
SECTIONS 11 THROUGH 14 AND 23 THROUGH 25,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS
19 AND 30, TO"SHIP 50 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA; WHICH WILL ALLOW
1,760 RESIDENTIAL DWELLING UNITS, 327,00 SQUARE
FEET OF RETAIL USE, 70,000 SQUARE FEET OF
PROFESSIONAL AND MEDICAL OFFICE, A 135 -ROOM
HOTEL, 140,000 SQUARE FEET OF BUSINESS PARK OR
EDUCATIONAL FACILITY, AND CONTINUATION OF
EXISTING JUNIOR DEPUTIES PASSIVE RECREATION
AND EXISTING SWAMP BUGGY ATTRACTION;
PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR
CONCLUSIONS OF LAW; AND PROVIDING AN
EFFECTIVE DATE:
WHEREAS; on July 21, 2006, Toll - Rattlesnake, LLC, in accordance with Subsection
380.06(6), Florida Statutes, filed an Application for Development Approval (ADA) of a
Development of Regional Impact (DRI) known as Toll- Rattlesnake with Collier County (DRI-
2006 -AR- 10147) and the Southwest Florida Regional Planning Council (DRI No. 06- 492); and
WHEREAS, pursuant to Florida Administrative Code's DRI Rule 291- 4.001(5) the
Executive Director of the Southwest Florida Regional Planning Council (SWFRPC)
administratively approved an initial 45 -day sufficiency response extension, and the Regional
Planning Council approved nine (9) subsequent sufficiency response extensions; and
WHEREAS, on January 26 and 27, 2010, Wilton Land Company, LLC obtained title to
the majority portion of lands within the DRI; and
WHEREAS, on October 14, 1982, Swamp Buggy Day, Inc. (now known as Swamp
Buggy, Inc.) obtained title to a minor portion of the lands within the DRI; and
Hacienda Lakes, 17R1- 2006 -AR -10147
Rev. 09123/11
Page 1 of 54
COUNTY ATTORNEY DRAFT
WHEREAS, on December 27, 1995, Collicr County Junior Deputies League, Inc.
obtained title to a minor portion of the lands within the DRI; and
WHEREAS, Hacienda Lakes of Naples, LLC' is authorized by Wilton Land Company,
LLC, Swamp Buggy, Inc., and Collier County Junior Deputies League, Inc., (hereinafter
collectively "Owner ") to continue to pursue Development of Regional Impact approval of the
property subject of this Development Order. (The term Owner shall include its successors and
assigns of each of the Owners); and
WHEREAS, for the purposes of this Development Order, the "Owner'} commitments set
forth herein are applicable to Hacienda Lakes of Naples, LLC, it successors, and/or assigns. The
"Owner" commitments herein shall not be enforceable upon Swamp Buggy, Inc_, nor Collier
County Junior Deputies League; Inc., except to the extent it is a requirement related to the land
owned by same; and
WHEREAS, on July 21, 2010, Hacienda Lakes of Naples, LLC, (herein "Developer"),
responded to the fourth sufficiency review with a revised Application for Development Approval
(ADA) of a Development of Regional Impact (DRI) now known as Hacienda Lakes filed with
Collier County and the SWFRPC under the same review agency application reference numbers.
(The term Developer shall include its successors and assigns); and
WHEREAS, Developer has obtained all necessary approvals from Collier County
agencies, departments, and boards required as a condition to Planned Unit Development zoning;
Comprehensive Plan Amendment, and DRI approval; and
WHEREAS, the Board of County Commissioners as the governing body of the
unincorporated area of Collier County having jurisdiction pursuant to Section 380.06, Florida
Statutes, is authorized and empowered to consider Applications for Development Approval
(ADA) for Developments of Regional Impact; and
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WHEREAS, the public notice requirements of Chapter 380 and the Collier County
Zoning. Ordinance have been satisfied; and
WHEREAS, the Collier County Planning Commission has reviewed and considered the
report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC)
and held a public hearing on the ADA on August 4, 2011 and September 1, 2011; and
WHEREAS, the Board of County Commissioners approved Resolution No. 11 -32 and
Ordinance No.
which approved changes to the Comprehensive Plan as
included in application No. CP- 2006 -11 for the property; and
WHEREAS, the Board of County Commissioners adopted Ordinance - on
, which rezoned the subject property to The Hacienda Lakes
MPUD; and
WHEREAS, the issuance of a Development Order pursuant to Section 380.06, Florida
Statutes; does not constitute a waiver of any powers or rights regarding title issuance of other
development permits consistent herewith by the Cowity or State; and
WHEREAS, on , the Board of County Commissioners, at an open
public hearing in accordance with Section 380.06, Florida Statutes, having considered the
Application for Development Approval of a Development of Regional Impact submitted by
Developer; the report and recominendations of the SWFRPC; the record of the documentary and
oral evidence presented to the Collier County Planning Commission; the report and
recommendations of the Collier County Planning Commission; the recommendations of Collier
County Staff and the Environmental Advisory Council; and the record made at said hearing,
makes the following Findings of Fact and Conclusions of Law.
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FINDINGS OF FACT
1. The real property which is the subject of the ADA is legally described as set forth
in Exhibit "A ".
2. The application is consistent with Subsection 380.06(6), Florida Statutes, (2010).
3. The Developer submitted to Collier County, the SWFRPC, and Florida
Department of Community Affairs an ADA and sufficiency responses, which are available for
review at each respective agency.
4. The Developer proposes development of the Hacienda Lakes Development of
Regional Impact, as shorn on the Series of Map H attached hereto as Exhibit "B ", and consisting
of 2262.10 acres, which includes:
A. 1,760 residential dwelling units;
B. 327,500 square feet of Gross Floor Area (GFA) of retail use (convenience,
general and specialty retail);
C. 70,000 square feet of GFA of professional and medical office;
D. A 135 -room hotel;
E_ 140,000 square feet GFA of Business Park or Educational Facility;
F. Continuation of Junior Deputies passive recreation facilities;
G. Continuation of the existing Swamp Buggy attraction, without the
opportunity to include outdoor shooting ranges for firearms;
H. 1,544.1 acres of preserves;
I. 19.55 acres, or less if approved by the School Board, of elementary
school site to serve up to 919 students; and
J. 1.3 acres of Emergency Medical site.
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5. The development is consistent with the report and recommendations of the
SWFRPC submitted pursuant to Subsection 380.06(12), Florida Statutes.
6. The development shall not interfere with the achievement of the objectives of the
adopted State Land Development Plan applicable to the area.
7. A comprehensive review of the impact generated by the development has been
conducted.by the appropriate County departments and agencies and by the SWFRPC.
8. The development is not in an area designated an Area of Critical State concern
pursuant to the provisions of Section 380.0, Florida Statutes, as amended,
9. The development is consistent with the current land development regulations and
the Growth Management Plan of Collier County, as amended.
10. The development is consistent with the State Comprehensive. Plan.
CONCLUSIONS OF LAW
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Collier County, Florida, in public meeting, duly constituted and assembled on this, the day
of , 2011, that the Hacienda Lakes Application for Development Approval
submitted by Developer is hereby approved, subject to the following conditions:
1. ENERGY
The Hacienda Lakes Development of Regional Impact will incorporate the
following energy conservation features as a part of each Site Development Plan or plat approval
for all phases and land uses:
A. Provision of a combination bicycle /pedestrian system to be placed along
public arterial and collector roads within the DRI which will connect with public and private
bicycle /pedestrian systems in the DR1.
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B. Provision of bicycle racks or bicycle storage facilities in recreational,
commercial, and multi - family residential areas.
C. Prior to the issuance of a certificate of occupancy for the first 75,000
square feet of retail land uses, the Developer or Owner shall construct, at its sole expense, a
Collier Area Transit (CAT) stop /shelter fronting the Commercial Tract C that shall include a
10'x 20' pavilion shelter with benches and protection from the elements, and include a
minimum of three (3) bike racks. The location of the CAT shelter is generally depicted and
provided for on ADA Map 0. Additionally, prior to the issuance of a certificate of occupancy
for the first 70,000 square feet of business park land uses, or prior to the issuance of a
certificate of occupancy for a school or educational facility in the Business Park Tract BP, the
Developer shall construct, at its sole expense, a Collier Area Transit (CAT) stop /shelter
fronting the Business Park Tract BP that shall include a 10'x 20' pavilion shelter with benches
and protection from the elements, and include a minimum of three (3) bike racks. The location
of the CAT shelters is generally depicted on ADA Map 0. Owner shall be responsible for
maintenance of the bus stops/shelters unless Owner elects to convey to County at no cost to
County easements for the bus shelters.
D. Developer and Owner shall require builders to:
(1) use prevailing, practicable energy- efficient features in window
design;
(2) install operable windows and ceiling fans; and
(3) install Energy Star qualified appliances and equipment.
E. Deed restrictions, covenants, and design guidelines shall include
provisions requiring compliance with H through Q.
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F. Minimize heat island effect (i.e.: reduce local air temperatures and
reflected light and heat) by minimizing asphalt, where practicable, through the use of concrete,
rock and similar substances in streets, parking lots, and other areas, by utilizing shade trees
adjacent to roads and parking areas; and utilizing where practicable, high reflectance paving
materials (i.e.: solar reflectance index (SRI) of at least 29).
G. Installation of energy - efficient lighthigr for streets, parking areas,
recreation areas, and other interior and exterior public areas.
H. Use of water closets with a, maximum flush of 1.6 gallons and shower
heads and faucets with a maximum flow rate of 2.5 gallons per minute, or the use of the
prevailing energy efficient bathroom fixtures available.
I. Use of native plants, trees, and other vegetation and landscape design
features in accordance with Section 4.06.05D.1.a., of the Collier County Land Development
Code that reduce requirements for water, fertilizer, maintenance, and other needs shall be
required.
J. Planting of native shade trees for each residential unit.
K. Planting of native shade trees to provide reasonable shade for all
recreation areas, streets, and parking areas.
L. Placement of trees to provide needed shade in the warmer months while
not overly reducing the benefits of sunlight in the cooler months.
M. Orientation of structures; as possible, to reduce solar heat gain by walls
and to utilize the natural cooling effects of the wind.
N. Provision for structural shading wherever practical when natural shading
cannot be used effectively.
O. Inclusion of porch or patio areas in residential units.
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P. Consideration by the project architectural review coinmittee(s) of energy
conservation measures (both those noted here and others) to assist builders and residents in
their efforts to achieve greater energy efficiency in the development.
Q. The development will participate in Collier County's Single Stream
Recycling (SSR) program.
R. Lighting for streets, parking; recreation and other public areas shall
include energy efficient fluorescent/electronic ballasts, photovoltaies, low voltage lighting,
motion sensors and/or timers on lighting and full cut -off luminaries in fixtures that comply
with the International Dark -Sky Association.
S. The developer shall not prohibit potential home buyers to select .
photovoltaic cells, solar hot water heaters, green roofs and other alternative energy or energy
efficient features as an option at their own expense. The above conditions shall be reported in
the annual monitoring report.
T. Site development shall comply with the Florida Green Building Coalition
Certification Standards or equivalent green building standards, if required of all developers by
Collier County.
2. HISTORICAL /ARCHAEOLOGICAL
A. The Owner shall preserve in perpetuity the five archaeological sites
8CR556, 8CR878, 8CR881, 8CR879, and 8CR880 within Hacienda Lakes property and such
sites shall be recorded as denoted AP (Archaeological Preserve) on Sheets 3-12 in the MPUD
Plaster Plan set. Such annotation (i.e., AP, Archaeological Preserve) shall appear on all
applicable plats, and development order site plans that may be proffered in the future that are
within 50 feet of the five defined archaeological sites.
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B. In areas where the archeological sites are located in the vicinity of
proposed development, a buffer or conservation easement, a minimum of 25 feet in width shall
be preserved, or upon approval of County equivalent protections, such as temporary fencing or
other structural barriers, shall be constructed around the: archaeological sites.
C. The five archaeological sites shall remain undeveloped. An access
easement of 15 feet, outside. the. conservation, easement, around the archaeological sites for
potential digs and further study shall be provided by the Owner upon County request at no cost
to County. Disturbance to these five protected archaeological sites may only occur with
County approval, and any disturbance shall only be permitted under the direct supervision of a
qualified archaeologist.
D. Historical /archeological areas shall not be used to meet preserve
requirements.
E. The Developer shall reasonably accommodate the Florida Division of
Historical Resource's (DHR) investigation of these sites by allowing access to the
archaeological sites by properly credentialed investigators, whenever such access can be
reasonably accommodated.
F. If any additional archaeological/liistorical sites are uncovered during the
proposed development activities, all work in the immediate vicinity of such sites shall cease
immediately, and the Owner shall contact DHR, SWFRPC, and Collier County so that a state
certified archaeologist can determine the significance of the findings and recommend
appropriate preservation and mitigation actions, as necessary.
3. HURRICANE EVACUATION /FLOODPLAINS
A. (1) The following supplies and equipment shall be purchased by the
Developer for Collier County Emergency Management in accordance with its specifications
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and in some cases sole source provider and delivered in new condition, free on board (FOB) to
the Collier County Emergency Services Center.
(2) The following contributions shall be a one -time contribution in full
mitigation of all requirements of the current project scope of the Hacienda Lakes DRI:
(a) Two (2) new 45kw towable portable generators with heavy
duty diesel engine, sound insulated, manufactured by Godwin Pump and Generator to exactly
match the supplies, equipment, and power distribution systems approved and currently in use; or
near the time of equipment acquisition by the Developer, as approved by the Collier County
Emergency Management Department. This is a sole source procurement to ensure compatibility
and parallel operations of generators within Collier County's existing fleet and insure the ability
to provide essential emergency portable power to additional evacuation shelter spaces consuined
by the increased shelter census created by the Hacienda Lakes DRI. Collier County will assume
all maintenance, repair, and replacement of these generators following satisfactory acceptance by
Collier County beyond the warranty period. Delivery of the first portable generator shall occur
prior to the issuance of the first residential certificate of occupancy. Delivery of the second
generator shall occur at the earlier of (i) 24 months from the issuance of the first residential
certificate of occupancy or (ii) the issuance of the certificate of occupancy of the 300'' residential
Lunt within the development.
(b) Two (2) new enclosed utility trailers for the storage and
transport of the supplies noted above. Collier County will own and maintain these trailers and
augment them with other minor disaster supplies in a fashion similar to its current disaster
response unit (DRU) shelter supply delivery system. These trailers shall be new, from a Collier
County approved list of vendor(s) and be at least 16 feet in length, dual axle load rated at 7,000
lbs. with trailer brakes, with laminate finish interior wall and floor finish, cabinets, shelving and
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load secure devices, Florida Department of Transportation approved for highway use, dropdown
rear door and curbside door and extended tongue hutch length. At least one of the two trailers
noted above shall included interior AC wiring, lighting, a generator connection, circuit breaker
and roof mounted air conditioning to allow the empty trailer to be used for special post disaster
field offices, damage assessment and relief efforts identical to the County's existing fleet of
disaster supply trailers. Delivery of the utility trailers shall occur at the earlier of (i) 12 months
from the issuance of the first residential certificate of occupancy or (ii) the issuance of the
certificate of occupancy of the 150'' residential unit within the development.
(c) Four hundred and twenty -two (422) new military type adult
folding disaster cots from a Collier County approved list of eligible vendors and approved type
and style. Said cots shall be compatible with Collier County's existing storage and delivery
systems and shall be provided at the earlier of (iI) 48 months from the issuance of the first
residential certificate of occupancy, or (ii) the issuance of the certificate of occupancy for the
1200"' residential unit within the development.
(d) Seventy -two (7)2) new special needs disaster cots from a
Collier County approved list of eligible vendors and approved type and style. Said cots shall be
compatible with Collier County's existing storage and delivery systems and shall be provided at
the earlier of (i) 36 months from the issuance of the first residential certificate of occupancy, or
(ii) the issuance of the certificate of occupancy of the 9006 residential unit within the
development.
(e) All deeds to property located within Hacienda Lakes shall
be accompanied by a disclosure statement in the form of a covenant stating that the property is
located in a hurricane vulnerability zone, that the hurricane evacuation clearance time for Collier
County or the Southwest Florida Region is high, and/or hurricane shelter spaces are limited.
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B. The Developer has provided off-site hurricane shelter mitigation for the
Hacienda Lakes DRI per Paragraph A above pursuant to commitments made as a result of
negotiations with Collier County officials.
4. STORNIWATER MANAGEMENT
A. The Hacienda Lakes DRI shall require a South Florida Water Management
District (SWFMD) Environmental Resource Permit for conceptual approval of the proposed
development, for construction and operation of the proposed surface water management
system, and for proposed impacts to onsite wetlands and other surface waters.
B. The Owner shall procure SFWMD Water Use Permits for the proposed
surface and/or groundwater withdrawals for landscape irrigation and for certain dewatering
activities, as determined by the SFWMD, proposed for construction of project lakes and/or
road or building foundations.
C. At the time of permit application, the Owner shall provide verification that
the proposed system designs will meet SFWMD criteria in effect at that time.
D. During construction activities, the Developer shall employ best
management practices for erosion and sedimentation control. These practices shall be included
with or presented on. all construction plans, and shall be subject to approval by the appropriate
agencies prior to their implementation.
E. Any construction silt barriers or hay bales, and any anchor soil, as well as
accumulated silt, shall be removed upon completion of construction. Either the Developer or
the entities responsible for the specific construction activities requiring these measures shall
assume responsibility for having them removed upon completion of applicable construction.
F. The final stonnwater management plan shall consider, as applicable,
measures to reduce runoff rates and volumes, including, but not limited to, fixed control
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structures, perforated pipes, and grass swale conveyances. Swales are preferred and shall be
used, whenever possible, rather than closed systems.
G. Any banks created along the onsite stormwater management system, shall
include littoral zones constructed on slopes consistent with SFWMD and Collier County
requirements and shall be planted in native emergent or submergent aquatic vegetation.
H. The Developer shall conduct annual inspections of the Hacienda Lakes
Master Stormwater Management. System and the preserved/enhanced wetland areas on the
project site so as to ensure that these areas are maintained in keeping with the final approved
designs, and that the water management system is capable of accomplishing the level of
stormwater storage and treatment for which it was intended.
I. The Developer shall confirm to the satisfaction of all applicable federal,
state, and local review agencies, and the SPWMD, that the proposed stonnNArater management
system will not impact habitat of any state or federally listed plant and/or animal species
occurring on site, or that such impacts shall be mitigated to the benefit of regional populations .
of those species.
J. The Developer shall undertake a regularly (every other month) scheduled
vacuum sweeping of all common streets and parking areas within the development, The
Developer shall encourage any private commercial parcel owners within the development to
institute regularly scheduled vacuum sweeping of their respective streets and/or parking areas.
K. In areas adjacent to retail and office uses, the Developer or the individual
site developers, shall provide at least one -half inch of dry pre- treatment (retention or
detention); or an equivalent alternative as determined by the appropriate regulatory agencies; in
order to provide reasonable assurance that hazardous material will not enter the stormwater
management system.
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L. Ditch and swale slopes shall be designed to minimize discharges so that
these facilities may provide some additional water quality treatment prior to discharge.
Treatment swales shall be planted with grass or appropriate native vegetation.
M. The grassed stormwater treatment areas shall be mowed as part of the
normal lawn maintenance of the development. Any debris that may accumulate in project
lakes, ditches or swales, or which may interfere with the normal flow of water through
discharge structures and underdrain systems, shall be cleaned from the detention/retention
areas on a regular basis. Any erosion to banks shall be repaired immediately.
N. The best management practices matrix and techniques shall be used in the
Hacienda Lakes DRI, consistent with the requirements of the SFWMD.
O. Underdrain systems and grease baffles, if utilized within the Hacienda.
Lakes DRI, shall be inspected and cleaned and /or repaired on a regular basis. In no instance
shall the period between such inspections exceed eighteen months.
P. Stormwater management system maintenance requirements shall include
removal of any mosquito- productive nuisance plant species (e.g., water lettuce, water hyacinth,
cattails and primrose willows) from all system nodes, .reaches and percolation basins, as well as
from the lake littoral zones employed in the system.
Q. To the extent consistent with applicable stormwater management system
and environmental regulations, any isolated wadin; bird pools constructed in lake littoral zones
shall be excavated to a depth which provides aquatic habitat for mosquito larvae predators,
such as Gambusia affinis.
R. The Owner shall conduct a predevelopment determination of surface water
quality in the portion of the Henderson Creek Canal proximal to the Hacienda Lakes DRI. The
water quality parameters of total phosphorous, total nitrogen, biochemical oxygen demand,
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total suspended solids, lead, zinc, copper, and conunon lawn care pesticides shall be analyzed
by a licensed vendor on a monthly basis at two sampling locations. The water quality
monitoring program shall be conducted for an approximate five month period overlapping the
dry season and wet season.
S. Measures which will be utilized to mitigate potential adverse effects upon
surface water and shallow groundwater at, and adjacent to, the Hacienda Lakes DRI will
include all proven effective best management practices (BMP's) which are, appropriate at this
Hacienda Lakes DRI. More specifically, these shall include proper timing and minimum
applications of fertilizers, pesticides, and herbicides on the common areas of the property.
T. Best management practices shall also be utilized to mitigate any adverse
impacts from stormwater runoff. These BMP's shall include utilization of detention ponds,
vegetative systems such as grassed swales, and water quality inlets' (e.g. oil/grit separators).
U. The proposed surface water management system shall consist of 5 basins.
Controlled discharge from basin 1, 2, 3, and 4 shall be to the large wetland located to the east
of the property with the following exception. The remaining basil 5 is the Junior Deputy
League. and Swamp Buggy Basin, and this basin shall discharge to the Collier Boulevard Canal
in a manner generally consistent with the existing water management permit for the Swamp
Buggy and Junior Deputy League property.
The following is a summary of the Best Management Practices that will be utilized to
accomplish additional water quality treatment beyond what is required by SFWMD:
i. Construction Pollution Prevention. Plan outlining construction techniques and
maintenance practices to reduce or eliminate the sources of stormwater pollution.
ii. Urban Stormwater Management Program of non - structural controls intended to
improve the quality of stormwater runoff at the source of contaminants.
iii. 50% additional stormwater runoff volume to be retained.
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iv. Phyto- Zones - Basins within the detention areas that provide an area for runoff into
the lake to disperse, so as to allow biological pretreatment.
v. Planted Littoral Zone - providing increased water quality by removing pollutant by
biological uptake of nutrients and other ions.
vi. Increased Flow Path - Locate inflow and outflow structures to maximize effective
treatment time.
V. Spreader Swale use as the last step in the discharge train to provide
additional water quality and decrease erosion, based on energy diffusion (spreading of discharge
over a grassed weir instead of discharging through a single pipe).
W. The project shall not substantially adversely impact the Rookery Bay
National Estuarine Research Reserve. Negative impacts shall be avoided by following all
regulations for water quality treatment and water quantity attenuation within The South Florida
Water Management District Basis of Revievv Volume IV. The project shall also go above and
beyond the water quality treatment by providing 150% of the required treatment. In addition, the
project has been reduced from 0.15 cfs /acre per Collier County Ordinance 90 -10 to 0.06 cfs /acre.
X. Developer shall install several culverts under Sabal Palm Road to improve
the sheetflow across the Road from north to south.
Y. The master homeowner association, or community development district
shall maintain the stormwater management system.
Z. The stormwater management system of the project shall be consistent with
the recommendations of the Southwest Florida Regional Planning Council (SWFRPC) with
regard to the use of fertilizers and stormwater treatment as described in resolutions SWFRPC 07-
01 and SWFRPC 08 -011, to the extent adopted by Collier County.
S. TRANSPORTATION
The following commitments shall be completed prior to the projected build -out
date, or a date that may be approved extending the projected build -out date.
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A. The Developer shall provide efficient pedestrian and bicycle movement
within and between the development's components, and to adjacent properties as reasonably
deemed necessary by Collier County.
B. The Developer shall promote transit service through the inclusion of bus
stops or other appropriate transit: access points in site design, consistent with Collier County
transit plans.
C. The neighborhoods shall be developed with a multi -modal street system
that can accommodate pedestrians and bicyclists, thereby promoting alternative modes of
transportation and reducing greenhouse gas emissions.
uses.
D. All residences shall be within a two radial miles of the commercial land
E. For the purposes of the following commitments, it must be understood that
the property was divided into three main areas-
North area being north of The Lord's Way extension;
South area being south of Rattlesnake Hammock Load plus School;
Benfield Road Improvements.
The South area commitments shall be constructed in a sequential manner.
However, the rest of the commitments are not sequential and can be accomplished in no specific
order. Similarly, the three areas identified above are not required to be developed in a sequential
manner,
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SOUTH AREA
1. The Owner shall construct (here forward to mean "constructed to meet
minimum County requirements for acceptance "), at its sole expense without road impact fee
credits, the initial two lanes (south side) of Rattlesnake Hammock Road Extension from C.R.951
to Florida Power Line Easement (approximately 0.25 nines). In addition, the Owner shall
construct the Collier Boulevard/Rattlesnake Hammock Road intersection interim geometry as
shown in Figure 1, below and to improve the bridge on Rattlesnake Hammock Road Extension
over the canal to the interim geometry as shown in Figure 1, below. Upon completion (here
forward to mean "completed construction to County minimum requirements, and reserved for
future conveyance to the County at the County's request. ") of all of such improvements, the
Owner shall be allowed to develop up to 327,500 square feet of Retail Land Uses, or Residential
Pod A, or some combination of the two land uses. However, the total number of gross trips to be
generated by this portion of development shall not exceed 1,409 PM peak hour trips. In the
event that Residential Pod A is developed, access to Pod A x-611 be either an internal private
roadway or via an extension of Rattlesnake Hammock Road to the entrance of Pod. A. These
improvements and the areas allowed to develop upon completion of these improvements are
depicted in Figure 1, below. All of these improvements are site - related improvements.
Hacienda Lakes, DRI -2006 :4R -10147
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.o
COUNTY ATTORNEY DRAFT
Figure 1— Hacienda Lakes DRI - Commitment I
Legend
�y Existing Lanes /Turn Lanes
Lanes/Turn Lanes to be Constructed /Reconstructed
.�� �."■ Roadway Segment to be Constructed
Potential Areas to be Developed
na u�ca �awc rm��!����.w nyyyy.�laT.luwn :;- s
Residential
Pod
Florida Power Une Easement
II. The Owner shall construct, at its own expense and without road impact fee
credits, Rattlesnake Hammock Road Extension from Florida Power Line Easement to the road
leading into Swamp Buggy grounds (approximately 0 25 miles) and improve the bridge on
Rattlesnake Hammock Road Extension over the canal to the final geometry as shown is Figure 2,
below: These improvements are site - related improvements. Upon completion of such
improvement, the Owner shall be allowed to develop the following additional land uses: 20,000
Square Feet of General Office, and;
Hacienda lakes, DRI- 2006 -AR -10147
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A
na u�ca �awc rm��!����.w nyyyy.�laT.luwn :;- s
Residential
Pod
Florida Power Une Easement
II. The Owner shall construct, at its own expense and without road impact fee
credits, Rattlesnake Hammock Road Extension from Florida Power Line Easement to the road
leading into Swamp Buggy grounds (approximately 0 25 miles) and improve the bridge on
Rattlesnake Hammock Road Extension over the canal to the final geometry as shown is Figure 2,
below: These improvements are site - related improvements. Upon completion of such
improvement, the Owner shall be allowed to develop the following additional land uses: 20,000
Square Feet of General Office, and;
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50,000 Square Feet of Medical Office, and;
135 Room Hotel, and;
Remaining portion of the 327,00 Square Feet of Retail (if applicable pursuant to
Commitment I), and;
I), and;
Remaining portion of Residential Pod A (if applicable pursuant to Commitment
Required residential uses within Activity Center land use;
These improvements and the area allowed to develop upon completion of these
improvements are depicted in Figure 2, below.
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COUNTY ATTORNEY DRAFT
2— Hacienda lakes DRI - Commitment 11
G
Legend
Existing Lanes/Turn Lanes
t
Lanes/Turn Lanes to be Constructed /Reconstructed
a
Roadway Segment PrQViously Constructed
+�
Roadway Segment to be Constructed
s
°'
❑
Area Previously Developed
❑
Area to be Developed.
Potential Area to be Developed
G
p
r
J
gg y
a�
Rattlesnake Hammock Road Extension l
Residential �
- Pod A -�-^
6
Florida Power Line Easement
�f
III. The Owner shall construct, at its sole expense; Rattlesnake Hammock
Road Extension from the road leading into Swamp Buggy grounds to the future Benfield Road as
a two lane road, including construction of the Rattlesnake Hammock Road Extension at Benfield
Road intersection, Upon completion of such improvement, the Owner shall be allowed to
develop the following additional land uses:
919 Student Elementary School, and;
Residential Pod B.
Hacienda Lakes, DRi- 2006 -AR -10147
Rev. 08!33/11
Page 21 of 54
COUNTY ATTORNEY DRAFT
Since only a portion of the capacity to be provided by this two lane section will be
consumed by the Hacienda Lakes DRI, the Owner shall receive road impact fee credits equal to
50% of the cost of this improvement. The cost of this improvement will be determined at the
time of construction, and shall include the fair market value of the land or easement when the
Owner conveys the road right -of -way to the County, free and clear of liens and encumbrances.
Fair market value has. been determined to be: $ , , .00 per acre. This improvement and the
area allowed to develop upon completion of this improvement are depicted in Figure 3, below.
Fifty percent (50 %) of the cost of this improvement is deemed a site - related improvement.
Hacienda Lakes, DRI- 2006 -AR -10147
Rzv, OSP -3 111
Page 22 of 54
COUNTY ATTORNEY DRAFT
P okina 3— Hacienda takes 0FII - Commitment 111
NORTH AREA
1V. With no improvement other than a bridge to be constructed by the Owner,
at its sole cost and without road impact fee credit, over the water canal that runs. parallel to
C.R.951 at the northern project site access, the Owner shall be allowed to develop Residential
Pod C (not to exceed 300 PM peak hour trips at the connection to C.R.951). This improvement
and the area allowed to develop upon completion of this improvement are depicted in Figure 4,
Hacienda Lakes, DRI-2006-AR- 10147
Rev. 48/23111
Page 23 of 54
COUNTY ATTORNEY DRAFT
below. At no time will the County accept ownership of this bridge. This improvement is a site -
related improvement.
Figure 4— Hacienda Lakes DRI - Commitment IV
Residential
z? >' Pod A
Legend
16 Existing Lanes /7urn Lanes
t.
Lanes/Turn Lanes to be Constructed /Reconstructed
•—«-. Roadway Segment Previously Constructed
.� Roadway Segment to be Constructed
L� Area Previously Developed
Area to be Developed
V. The Owner shall, at its sole expense and without road impact fee credits,
complete the reconstruction of The Lord's Way from C.R.951 to Florida Power Line Easement
and construct the extension of The Lord's Way from Florida Power Line Easement to the west
entrance to the Business Park with a two lane undivided cross section. In addition, when the
Hacienda Lakes, DRI-2006-AR- 10 147
Rev, 08P2 3/11
Page 24 of 54
COUNTY ATTORNEY DRAFT
Collier Boulevard at The Lord's Way intersection is signalized upon meeting warrants, the cost
of the signalization of this intersection will be. shared proportionately among the O-,,vmer 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. Upon completion of such road improvement, the
Owner shall be allowed to develop the following additional land uses:
140,000 Square Feet of Business Park, and;
Residential Pod D.
These improvements and the area allowed to develop upon completion of these .
improvements are depicted in Figure 5, below.
When the DRI has received certificates of occupancy for 66 percent of the total
commercial and residential development authorized by the DRI, Collier County will perform an
evaluation and inform the. Owner if it is necessary to convey road right -of -way to the County for
the section of The Lord's Way Extension from the west entrance to the Business Park/School to
Beufield Road. If Collier County requests the road right -of -way, the Owner shall convey by
road easement to the County the needed road right -of -way up to a width of 90 feet free and clear
of all liens and encumbrances and shall receive impact fee credits equal to 100 percent of the fair
market value of the road easement conveyed to the County which has been determined to be $ ,
, .00 per acre. No further certificates of occupancy shall be issued until the road easement
conveyance is recorded in the public records of Collier County. If this segment of The Lord's
Way is not deemed necessary (through documentation,. or lack thereof, in the LRTP or the CIE)
by the time the development achieves 66 percent of the total approved development quantities,
this commitment shall be considered expired.
Hacienda Lakes, DR1- 2006 -AR -10147
Rev. 08123/11
Page 25 of 54
COUNTY ATTORNEY DRAFT
Hacienda Lakes DRI
Florida Power Line Easement
Residential
Pod C
Residential
Pod D
The Lord's Way 1
X1114
9
fRes.1clentlal
Pod A
Legend
�► Existing Lanes/Turn Lanes
�., Lanes/Turn Lanes to be Constructed /Reconstructed
Roadway Segment Previously Constructed
-�.
Roadway Segment to be Constructed
Area Previously Developed
Area to be Developed
BENFIELD ROAD IMPROVEMENTS
VI. The Omer shall construct, at its sole expense Benfield Road from
Rattlesnake Hammock Road Extension to the entrance of Residential Pod E with a two lane
undivided cross section and reserve the right -of -way necessary for the final 4 lane divided cross
section. Residential Pod E shall be connected in a consistent manner with the County's right -of-
way reservation plans or construction plans for future Benfield Road sections. Upon completion
of such improvement and acceptance by Collier County of the improvements, the Owner shall
Hacienda lakes, DRI- 2006 -AR -10147
Rev. 08/23/11
Page 26 of 54
COUNTY ATTORNEY DRAFT
convey to the County a road easement for the road right- of-way needed for this section of
Benfield Road up to a width of 150 feet free and clear of all liens and encumbrances. Upon
recordation of the road easement in the public records of Collier County, the Owner shall
receive road impact fee credits for 50% of the fair market value of the road easement necessary
for this section of Benfield Road and for the increase in cost resulting froril the construction of
the road according to County Standards (arterial) instead of as a local subdivision road. The fair
market value of 50 % of the road right -of -way easement to the County has been determined to be
$ , .00 per acre. Fifty percent (50 %) of the fair market value of the road right -of -way
easement and the total cost of the improvements are site- related improvements. The cost of this
improvement will be determined at the time of construction. Upon completion of such
improvement,. the Owner shall be allowed to develop the following additional land uses:
Residential Pod E.
These improvements and the area allowed to develop upon completion of this improvement are
depicted in Figure 6, below.
I facienda Lakes, DRI- 2006 -AR- 10147
Rea. 08/23/11
Page 27 of 54
Y DRAFT
VII. Benfield Road South of Rattlesnake Hanunock extension and north of
Residential Pod E connection to Benfield Road: the Owner will convey right -of -way to Collier
County by road easement for Benfield Road on areas not to be built by Owner up to a width of
150 feet free and clear of all liens and encumbrances. Upon such conveyance, Collier County
will provide road impact fees credits for 100% of the fair market value of the road easement.
The value of the right -of -way has been determined to be $ , , .00 per acre. The area to be
conveyed is depicted in Figure 7, below.
Hacienda Lakes, DR1- 2006 -AR -10147
Rev. 03/23111
Pale 28 of 54
COUNTY ATTORNEY DRAFT
Vill. Benfield Road South of Sabal Palm Road: the Owner shall convey by road
easement to the County the right -of -way needed for the future construction of Benfield Road
south of Sabal Palm Road (approximately 1.00 mile) up to a width of 150 feet free and clear of
all liens and encumbrances and at no expense to the County. In addition, the Owner shall receive
no impact fee credits for such right -of -way conveyance. The area to be dedicated is depicted in
Figure 8, below.
Hacienda Lakes, DR1- 2006 -AR -10147
Rev. 08/'23111
Page 29 of 54
COUNTY ATTORNEY DRAFT
Fieure 8 —Hacienda Lakes DRI -Commitment VI11
IX. A$ part of its State and Federal permits, the Owner shall pay for mitigation
required for and State or Federal environmental impacts arising from the permitting for portions
of Benfield Road described in Commitments VI and VII. In addition to this commitment, the
Owner shall at no cost to County either: (1) Convey drainage easement(s) to the County for their
stormwater management facility needs free and clear of all liens and encumbrances, or (2) agree
to accept stormwater from Benfield Road into the Project's stormwater management system.
These are site - related contributions.
Hacienda Lakes, DRI-2006-AR- 10 147
Rev. 08 /23111
Page 30 of 54
COUNTY ATTORNEY DRAFT
F. At two thresholds during construction of this DR1, the Owner shall
provide to Collier County a transportation analysis which compares the value of the Owner's
contribution to the County's public road network against the DRI's proportionate share (as
defined in the State of Florida's HB 7207) of impacted County and State road segments. If
Owner's contribution is less than its impact based on the transportation analysis, then Owner
shall pay to County the difference in three installments starting: 90 days after the transportation
analysis is agreed to by both parties, and then each 90 days thereafter until paid in full. The
transportation contribution by the Developer shall be defined as the sum of all road impact fees
paid to date, the costs of the non site - related transportation improvements (those receiving road
impact fee credits) on Rattlesnake Hammock Road, Benfield Road and the Lords Way, plus the
value of any road right -of -way conveyance by donation to the County, unless otherwise
calculated as an impact fee credit. The first transportation analysis shall be submitted to the
County when 33% of approved development trips (1,109 total gross trips) have been permitted
based on building permit issuance, without projecting forward growth. The second transportation
analysis will be submitted when 66 % of the approved development trips (2,219 total gross trips)
have been permitted based on building permit issuance, with a projection toward build out. The
second analysis and reconciliation will finalize any transportation related assessments owed by
the Developer for the build out of the Project. With the annual PUD monitoring report,
Developer shall provide an annual trip generation analysis of trips approved by Site
Development Plan approval and building permit issuance compared to total trips approved within
the DRI. Upon triggering 33% or 66% as described above, Developer shall submit the
transportation analysis described in this paragraph within six months. No certificates of
occupancy shall be issued until the traffic analysis and annual trip generation analysis required
Ilacienda Lakes, DRI- 2006 -AR7 10147
Rev. 0823/11
Page 31 of 54
COUNTY ATTORNEY DRAFT
by this paragraph and any payments due have been delivered to County, unless the BCC grants
an extension.
G. DRI traffic studies identified an off -site impact at the interchange of I -75
and S.R. 951 Ramps Intersection, specifically in the left -turn movement serving the northbound
S.R. 951 to westbound (northbound) I -75 turning movement. Assessments of this operation in
2011 indicate that changes to lane usage and signage could augment the acceptable operation of
the intersection and delay the impacts of the DRI. Hacienda Lakes traffic becomes significant
(exceeds five percent of service volume) at this location at 46.2 percent of site traffic generation.
When the first transportation analysis required tender section S.F. is undertaken (e.g. at 33
percent of site traffic generation), the existing traffic flow and level of service at this location
will be reviewed and projected to the build -out of the DRI. If the 2011 operational assessment is
confirmed and the intersection is, or will be, operating at an unacceptable level of service, then
the Developer will identify a solution to offset its impacts and /or restore acceptable operating
conditions, and contribute its proportionate share, per section S.F., of the cost of the
improvement to the appropriate government agency. If a proportionate share payment is
identified as needed, the owner shall receive road impact fee credits for 100 percent of this
contribution.
6. VEGETATION AND WILDLIFEIWETLANDS
A. The Hacienda Lakes DRI shall preserve no less than 982.89 acres of
native vegetation.
B. The need for wildlife crossings and fencing designs for roadways crossing
of the preserve areas shall be reviewed by the U.S. Fish and Wildlife Service (FWS) and the
Florida Fish and Wildlife Conservation Commission ( "FFWCC ") as part of the ERP permit
process.
Hacienda Lakes, DRI - 2006 -AR- 1.0147
Rev. OM3 1I I
Page 32 of 54
COUNTY ATTORNEY DRAFT
C. Review of State listed species and habitat impacts/mitigation shall be
addressed in coordination with FFWCC during the ERP pen-nit process based on specific site
plan details. At a minimum, the draft Hacienda Lakes Preserve Area Management Plan
submitted on March 18, 2011, shall be implemented for the preserve areas shown in the piaster
plan Exhibit "B ".
D. The Owner shall enhance the preserved wetlands and the wetland
hydroperiods and shall maintain them to provide for the natural wet and dry cycles, providing
foraging and habitat for wading birds.
E. The Owner shall enhance wetland and upland areas to include the hand -
removal of exotic and nuisance vegetation and supplemental plantings installed in areas with
greater than 50 percent exotic coverage.
F. The Owner shall preserve, enhance, and place in a conservation easement
the 1,544± acres of preserves, including approximately 73 percent (1,283 acres) of the wetlands
on -site. In addition, 3± acres of SFWMD Other Surface Waters shall be.enhanced and preserved,
and shall be placed in a conservation easement or other equivalent deed restriction with
inspection, enforcement, and approval rights granted to the SFWMD. Approximately 982.89
acres of the preserve is required native vegetation (by Collier County), that shall be preserved,
enhanced and placed in a conservation easement in favor of Collier County, but maintained by
Owner.
G. Prior to commencement of construction, the limits of wetland preserves
shall be staked and roped to prevent encroachment by construction activities. In addition, best
management practices for erosion control shall be implemented during construction of the
project. Prior to commencement of construction, erosion control devices shall be installed where
appropriate to control and reduce soil erosion, sediment transport, and turbidity. Such devices,
Hacienda Lakes, DR1- 2006 -AR -10147
Rev. OSP -3/11
Page 33 of 54
COUNTY ATTORNEY DRAFT
which include haybale barriers, silt fencing, sediment booms, and temporary sediment traps,
shall remain in place throughout the duration of construction until construction zones and
surrounding areas are stabilized.
H. The on -site wetland preserves shall be enhanced through exotic removal
and supplemental plantings, which will result in preserves that are more suitable as foraging
habitats for the listed wading birds observed on -site, as well as providing potential roosting
areas.
I. Where a minimum 15± foot upland buffer adjacent to -wetland preserves is
not feasible, structural buffers as set forth in the SFWMD's Basis for Review shall be provided.
Structural buffers planted with native vegetation will be used throughout the Project along all
areas that border wetland preserve areas to restrict access from the development to the preserve
area. Generally, in areas where development is located adjacent to the conservation area or the
property line, the structural buffer will be a 15 -foot wide berm planted on the back slope with
native tree, shrub, and ground cover vegetation.
J. Emergent wetland acres shall be increased through the planting of littoral
zones in the lakes created as part of the development.
K. Enhancement of the wetland and upland preserves shall include the
removal of exotic vegetation such as melaleuca, Brazilian pepper, and downy rose myrtle. Exotic
vegetation removal shall be done by hand removal. In general, the exotics shall be treated in
place with an appropriate herbicide and left standing, or exotics shall be cut, the cut vegetation
removed or stacked in place, and the remaining stump treated with an appropriate herbicide.
Supplemental plantings of native vegetation shall be installed in areas of greater than 50 percent
exotic coverage. In addition, as part of the mitigation plan, areas of degraded wetlands,
including monocultures of melaleuca, shall be enhanced through the mechanical removal of
Hacienda Lakes, DR[- 2006 -AR -10117
Rev, 08123!11
Page '34 of 54
COUNTY ATTORNEY DRAFT
exotics, grading to wetland elevations, and planting with native vegetation. The grading plan for
these areas will include the establishment of marshes for wading bird foraging habitat. These
marshes shall be graded to varying depths to allow the concentration of prey for wading birds at
alternating times of the year as water levels seasonally rise and recede. The surface water
management system shall be designed to maintain appropriate wetland hydroperiods within the
enhancement areas. The wetland hydroperiods shall be maintained to provide for the natural wet
and dry cycles, to provide foraging. for wading birds.
L. In addition to Paragraph A above, native landscaping shall be used to meet
the criteria of Sub - section 4.06.05 D. La., of the Collier County Land Development Code which
requires 75% of the required trees and 50% of the required shrubs to be native plants.
M. According to the Listed Species Management Plan (revised May 2011),
the wetland and upland preserves, excluding reserved right -of -ways and access easements, will
be placed in a conservation easement or equivalent deed restriction with inspection, enforcement,
and approval rights granted to the South Florida Water Management District (SFW1bID). The
date(s),, receiver of the easement or deed title, and record reference for each conservation
easement or fee - simple donation of conservation /preservation areas filed will be provided at the
time of filing to the SWFRPC and referenced in the biennial DRI report.
N. Review of federal listed species and habitat impacts /mitigation shall be
addressed in coordination with the USFWS during the USACOE permit process or as Section 10
reviews based on specific site plan. details. At a minimum, the Hacienda Lakes Preserve Area
Management Plan dated May, 2011, shall be implemented for the preserve areas shown in the
master plan Exhibit "B" and the measures recommended by the USFWS in consultation with the
USACOE for conservation of the Florida panther, wood stork, red - cockaded woodpecker,
eastern indigo snake, and any other federal listed species encountered will be employed to avoid
Hacienda Lakes, DPI—)006-AR-10147
Rev. 08/23111
Page 35 of 54
COUNTY ATTORNEY DRAFT
and muiimize the proposed project's impact on both individual animals and their habitats. The
mitigation plan for unavoidable impacts to these species, including the location, management
plan, and method of assurance of permanent protection and management for these listed species
and proposed actions that would minimize the likelihood of adverse human/animal interactions .
will be reported in the Hacienda Lakes Preserve Area Management Plan and revisions thereof
O. The initial habitat restoration and preservation efforts will be conducted by
the Developer prior to the anticipated deeding of the lands to the State.
P. The Owner anticipates deeding portions of the preserves to the State in
order to complement the adjacent Picayune Strand State Forest. The preserve areas would be
maintained in accordance with the Wetland Mitigation/Monitoring /Maintenance Plan (to be
approved as part of SFWMD Environmental Resource. Permit Application 100126 -5) and
managed to provide habitat for listed species. In the event that the transfer of ownership to the
State does not occur, the responsibility of perpetual management for these conservation areas
would become the responsibility of a Home Owners Association (HOA) or another similar
entity. In this case, the contract of responsibility for the HOA shall include a mechanism for
perpetual funding, assurances that the approved management plan would be followed, and
assurances that management activities would be conducted by a qualified entity.
7. UTILITIES — COLLIER COUNTY WATER SEWER DISTRICT (CCWSD)
INFRASTRUCTURE
A. In accordance with the current Collier County 2008 Water and Sewer
Master Plan Update, the parties acknowledge that the Hacienda Lakes development may be
located within the Collier County Water -Sewer District Boundaries, and; upon Board of
County Commissioners approval of this Development Order Resolution , the Collier County
Consolidated Impact Fee Ordinance shall apply.
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COUNTY ATTORNEY DRAFT
B. Developer shall follow existing well field protection requirements
identified in the Collier County Land Development Code (LDC) in Section 3.06.00. Developer
shall show all well sites and pipeline easements located on and close to this development on all
future site development plans (SDP), plans and plats. (PPL) and any other site plan
applications.
C. The project shall connect to the CCWSD potable water system at a
location determined by CCWSD, when capacity is available..
D. The project shall connect to the CCWSD wastewater collection and
conveyance system at a location. determined by CCWSD; when capacity is available.
E. The project shall coluiect to the CCWSD Irrigation Quality water system
at a location determined by CCWSD, when capacity is available.
F. Should the Collier County Water -Sewer District determine that it does not
have sufficient capacity to serve the project, the Developer shall either construct interim
potable water, wastewater treatment and /or non - potable water facilities, or shall postpone
development until such time as the Collier County Water -Sewer District service capacity, is
available to service the project. Any interim facilities constructed by the Developer shad be
constructed to Collier County. Utilities Division Standards, and shall be dismantled, at the
Developer's expense, upon connection to the Collier County Water - Sewer District facilities.
Whether potable water, wastewater treatment and /or non - potable water facilities are provided
onsite or offsite, the Developer shall demonstrate to Collier County that adequate capacity is
available: at the time of final utilities plan submittal.
G. Temporary septic systems may be utilized in conjunction with
construction and sales offices, model homes, and rest shelters. Septic systems shall not be
allowed onsite, other than for construction and sales offices, model homes and rest shelters.
Hacienda Lakes, DRC- 2006 -AR -10147
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COUNTY ATTORNEY DRAFT
All temporary septic systems shall be properly abandoned andlor removed by a professional
licensed to install and remove septic systems at the time when permanent or interim
wastewater treatment facilities become available.
H. All utility facilities shall be designed and constructed in accordance with
Ordinance 2004 -31, and any amendments or successors thereto. Prior to commencement of
construction all design and construction documents pertaining to utility facilities shall be
reviewed and approved by the CCWSD.
(1) The utility facility shall include but not be limited to: all
construction plans, technical specifications and proposed plats, as applicable, for the proposed
water distribution systems; wastewater collection and conveyance systems, irrigation quality
distribution systems and any possible onsite treatment facilities.
I. All potable water infrastructures shall be conveyed to the CCWSD.
J. All wastewater collection and conveyance infrastructure shall be conveyed
to the CCWSD.
K. All customers shall be customers of the Collier County Water Sewer
District.
8. EMERGENCY, POLICE AND FIRE PROTECTION.
A. The Developer shall meet with the Sheriff's DeparlmenL prior to initial
construction, and again at least every 24- months thereafter, if requested by the Sheriff, to
establish programs and incorporate crime prevention measures during each phase of the site
development process. Written results of any meeting(s) shall be provided as a part of the local
development order application.
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COUNTY ATTORNEY DRAFT
B. Fire protection shall be provided according to existing standards or fire
flow criteria promulgated by Collier County or recommended guidelines developed by the
National Fire Protection Association.
C. (1). In order to mitigate for the project impacts and demand on
Emergency Medical Services (EMI S), the Developer shall provide a one acre parcel to Collier
County. Such public facility site is identified as "PF ": on Maps H -2 and H -3 of Exhibit "B ".
(2) The dedication of the one acre site shall be by deed to Collier
County at no cost to Collier County and is subject to an Emergency Medical Services Impact Fee
credit based on the fair market value of the donated property.
(3) The valuation of the one acre site dedication has been determined
to be $ , , .00 per acre; and such dedication shall occur at the earliest of (i) 48 months from
the issuance of the first residential certificate of occupancy, or (ii) no later than at the time the
500th residential unit is included in a development order application (site development plan, or
plat), subsequent to the adoption of the DRI Development Order.
D. Facilities qualifying under the Superfund Amendments Reauthorization
Act, Title III of 1986, and the Florida Hazardous Materials Emergency Response and
Community Right to Know Act of 1988, shall file hazardous materials reporting applications in
accordance with Sections 302, 303 ,304, 311, 312, or 313 thereof. Applications shall be updated
annually by each reporting facility.
E. Any on -site facilities with commercial pool operations shall comply with
appropriate codes and statutes including required safety measures such as chemical sensors,
internal alarm systems, or emergency shutdown systems.
Hacienda Lakes, DRI- 2006 -AR- 10137
Rev. 0$123/11
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COUNTY ATTORNEY DRAFT
F. During the site planning process, a utility master plan shall be developed
that will address fire flow and the fire districts shall be consulted during the preparation of the
plan.
G. Portions of the commercial and residential developments may utilize
natural gas as a source of energy. Coordination with the local fire departments, shall occur for
those developments through the site plan review process.
H. Appropriate Crime Prevention Through Environmental Design (OPTED)
strategies, as adopted by Collier County, shall be used when designing sites, buildings, streets,
signs, landscaping and parking, and the County may submit such designs to the Sheriff's Office
for comments and consideration during the County's site plan review process.
I. The Developer shall coordinate with Collier County Public Utilities to
ensure underground gas lines drawings are provided to the responding Fire Departments.
9. PHASING
The project shall be developed in one overall phase that will include the entire
development program. The phasing schedule is set forth on Exhibit "B ", MAPS H -2 through
H -4.
10. SOLIDIHA,ZARDOUS/MEDICAL WASTE
A. The Developer shall incorporate the solid waste demands of the project
into the county solid waste management program and all development components (i.e.:
residential, commercial et al) shall participate in all conservation practices such as recycling,
trash compaction, and mechanical shredding.
B. Any business located within the Hacienda Lakes DRI, which generates
hazardous waste (as defined by Florida Statutes, Subsection 403,703(21) and Rule 17- 730.030,
Florida Administrative Code), shall be responsible for the temporary storage, siting and proper
Hacienda Lakes, DRI - 2006 -AR -10147
Rev. 08/23/11
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COUNTY ATTORNEY DRAFT
disposal of the hazardous waste generated by such businesses. However, there shall be no siting
of hazardous waste storage facilities contrary to Collier County Zoning Regulations.
C. The Project shall be bound by all applicable recycling requirements
effective in Collier County at the time of the development.
D. Areas within buildings where hazardous materials or waste are to be used,
displayed, handled, generated or stored shall be constructed with impervious floors, with
adequate floor drains leading to separate impervious holding facilities which are adequate to
contain and safely facilitate cleanup of any spill, leakage, or contaminated water.
E. Discharge of hazardous waste effluent into the sewage system shall be
prohibited unless approved by permit issued by the Florida Department of Environmental
Protection.
F. All hazardous materials shall be handled, stored and applied in accordance
with applicable regulations.
G. All commercial uses shall meet Federal, State and local hazardous
materials.' compliance requirements.
H. The local fire departments shall be informed, through the local
government development order process, of any development where natural gas is to be used.
1. There shall be no discharge of medical waste from medical facilities into
the sewage system.
J. Grease traps shall be required to comply with local and state codes.
Additionally, the captured grease is to be hauled off by a licensed hauler.
11. SCHOOL SITE
As set forth in a tri -party Developer Contribution Agreement, the Owner shall, no
later than the issuance of the 500th residential building permit, dedicate to the District School
Hacienda Lakes, DRI- 2006 -AR -10147
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COUNTY ATTORNEY DRAFT
Board of Collier County a 19.55 acre elementary school site, or less if agreed to by the School $'
Board within the Hacienda Lakes DRI with the following characteristics:
(a) A school site of 19.55 acres, or less if agreed to by the School Board, with
wetland impact mitigated on the site as approved by permitting agencies, shall be provided for
within the DRI;
(b) Water and sewer connections shall be available at site.
(c) The site shall accommodate typical 900 + /- student capacity elementary
school, with other facility requirements such as parking, sidewalks, water management,
recreational facilities and other standard facilities.
(d) The site shall be zoned for School use as part of the overall approval for
the Hacienda Lakes DRI/MPUD.
(e) The site location will be in lands designated Urban Residential Fringe in
the County's Future Land Use Element, that is west of the one mile line east from County Road
951.
(f) Students residing within the project shall be within 1.5 miles of "the school
site.
(g) The Developer shall keep the school's frontage road(s) at 2 lanes for safer
walking conditions.
(h) The school site shall have direct legal access to a public road right -of -way.
(i) School District acceptance of the dedication shall be contingent upon
School Board approval and a satisfactory site feasibility study demonstrating that the land is
suitable for the School District's intended use as an elementary school site with appropriate
environmental conditions, usable acreage and direct legal access.
Hacienda Lakes, DRI - 2006 -AR -10147
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COUNTY ATTORNEY DRAFT
0) it is anticipated that there will be no coneurrency issues at the time of
development, but the project will be subject to school concurrency at the time of site
development plan review. A preliminary school impact analysis estimating the total number of
students by housing type generated by the Hacienda Lakes DRLWUD is estimated in the table
below.
Proposal: Estimated dumber of Students Generated by Housing Type
Dwelling
Unit Type
Units
Elementary
Middle
High
Total
Students
Single Fancily
704
112.64
70.40
84.48
267.52
Multifamily
1056
211.20
84.48
95.04
390.72
Mobile Home
Condo/Coop
0.00
0.00
0.00
1 0.00
Government
Total
1 1760
324
155
180
1 658
(k) The Owner shall be compensated for the school site by way of school
impact fee credits as set forth in a Tri -party Developer Contribution Agreement, the amount
determined upon land valuation under a mutually agreed land appraisal mechanism and valuation
described in such Agreement to be negotiated within two years of the approval of this
development order.
(1) Public facilities such as parks, libraries and community centers shall be
permitted to be collocated with schools. The Elementary school shall be encouraged as focal
points for neighborhoods.
12. CONSISTENCY WITH THE LOCAL COMPREHENSIVE PLAN
A. Collier County has determined that the Hacienda Lakes DRI project is
consistent with the Collier County Comprehensive Plan and that the project's phasing is
consistent with the. County's Concurrency Management System relative to public facilities
necessary to support the project.
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B. The project furthers the Rural Fringe Mixed Use District objectives by
severing Transfer of Development Rights ( "TDRs ") from approximately 1,517 acres of lands
designated Sending Lands on the FLUM. Those Sending Lands which generate the TDRs will
be placed under a permanent conservation mechanism and ultimately be deeded to a public
entity, if accepted by them.
C. The residential density of the proposed 15UD is in compliance with the
Density Rating System of the Future Land Use Element (FLUE), and is limited to 1,760 single-
family and multi- family residential units. The overall Project gross density will not exceed 0.75
dwelling units per acre.
D. Owner and Developer will implement Policy 3.1 of the FLUE through on-
site well field protection measures, preservation of Natural Resource Protection Area (NRPA).
lands within the Project, preservation of archaeological sites within the Project; and the safe and
convenient vehicular and pedestrian movement within the Project.
E. Owner and Developer will implement Policy 5.6 of the FLUE through the
use of clustered development and utilization of the TDR program within the Rural Fringe Mixed
Use District.
F. Owner and Developer will implement Policies 7.1, 7.2, 7.3, and 7.4 of the
FLUE by providing for vehicular and pedestrian interconnections with off -site public roadways
and adjacent greenways. Additionally, public access and roadway easements will not be vacated
to preclude access to off -site private and public lands.
13. RECREATION AND OPEN SPACE
A. Recreational facilities and open space will include the Florida Sports Park
Swamp Buggy grounds and arena, Junior Deputy passive recreational area, lakes, trails and
preserves, as well as community recreation and social spaces integrated into the residential
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development areas, Map I1 locates the preserves, lakes, passive recreation site, and the attraction
(Swamp Buggy), but does not include open spaces within individual tracts.
B. The following land uses would be permitted in the Junior Deputy Tract of
the Mixed -Use Planned Unit Development:
a. Principal Uses:
i. Open space and recreational uses;
ii. Hiking, biking, fishing, boating, camping, picnicking and nature trails;
iii. Sporting and recreational camps;
iv. Caretaker's residence, limited to two for the JD designated area:
V. Wetland preserves;
vi. Upland preserves.
b. Accessory Uses:
i. Accessory uses and structures customarily associated with the permitted
principal uses and structures, including, but not limited to:
ii. Boardwalks, nature trails, shelters, pavilions, viewing, piers, viewing
platforms, educational signs, kiosks, and docks or platforms for launching and moori ng or
storage of non - motorized vessels utilizing movable storage racks;
iii. Covered camping pavilion(s) (i.e.: concrete, or similar hard surface, that is
roofed, and may, or may not be enclosed with screen plastic sheeting, or walls), which may
include kitchen/cooking facilities, office and restroom facilities;
iv. Passive parks and passive recreational uses;
V. Pervious roads, driveways, and pervious and/or impervious parking
facilities;
vi. Project identification and directional signage;
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vii. Water management structures in accordance with Collier County,
SFWMD, DEP, and USACOE permitting requirements;
viii. Restrooms/bath houses:
ix. Roofed or unroofed storage for maintenance and recreational equipment;
X. Fencing and security gates, which may include barbed wire;
xi. Archery and air rifle range(s).
C. Public access to this Project's Preserve Tract will be consistent with the
State's Management Plan, upon conveyance to a public agency.
D. The Hacienda Lakes DRI will not impact a recreation trail designated
pursuant to Chapter 260, F. S., and Chapter 1613-7, F.A.C.
E. No parks and/or open space will be dedicated to the County. However, up
to 1,549 acres of natural preserve area is untended to be dedicated to the State. The Hacienda
Lakes DRI will provide a long -terns restoration and maintenance program for its onsite open
space and recreation lands.
F. The development of the Hacienda Lakes DRI will be consistent with the
goals, objectives and policies of the Collier County Growth Management Plan through the
implementation of the County's Transfer of Development Rights program (TDR). The criteria
for utilizing the TDR program will address the goals of the Natural Resources Element of the
Strategic Regional Policy Plan through implementation of restoration, provision for maintenance,
and dedication of high quality natural areas. The lands intended to be dedicated to the State will
provide for recreation opportunities and open spaces as contemplated by the local and regional
policy.
G. The Developer, at a minimum, shall comply with Collier County Level Of
Service requirements at the time of Development Order issuance.
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H. As a part of the biennial monitoring process, the Developer shall identify
compliance with the requirements listed above.
14. MPUD DOCUMENT
There is a MPUD Document (Ordinance approved by the Collier
County Board of County Commissioners on , which also governs the
Hacienda Lakes DRI. The Developer acknowledges that the conditions and commitments of the
PUD Document also govern the development and use of property within the Hacienda Lakes
DRI, even though the MPUD Document (Ordinance ) is specifically not made a part
of this Development order.
15. GENERAL CONSIDERATIONS
A. All commitments and impact mitigating actions provided by the Owner
within the Application of Development Approval (and supplementary documents) may be used
to interpret specific conditions for DRI approval outlined above if officially adopted as
conditions for approval.
B. The Developer shall submit a biennial report on this Development of
Regional Impact to Collier County, the Southwest Florida Regional Plamung Council, the
Department of Community Affairs and all affected permit agencies as required in subsection
380.06(18), Florida Statutes.
C. The development is on a one Phase schedule as set forth on Exhibit "B"
Maps H -2 through H -4. If Development Order conditions and Developer commitments
incorporated within the Development Order, ADA or sufficiency round responses to mitigate
regional impacts are not carried out as indicated to the extent or in accord with the timing
schedules: specified within the Development Order and this phasing schedule, then this shall be
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presumed to be a substantial deviation for the affected regional issue unless otherwise provided *,
in 2011 -139, Laws of Florida (2011).
D. if Collier County, during the course of monitoring the development, can
demonstrate that substantial changes in the conditions underlying the approval of the
Development Order have occurred or that the Development Order was based on substantially
inaccurate information provided by the Developer, resulting in additional substantial regional
impacts, then a substantial deviation shall be deemed to have occurred. The monitoring checklist
form contained in Appendix IV to the SWFRPC's official recommendations for the Hacienda
Lakes DRI shall be used as a guide by Collier County in determining additional substantial
regional impacts.
E. The following land use conversions are anticipated within the DRI:
(1) 1.0 residential unit equates to 2.73 Recreational Vehicle
units /spaces (not to exceed 290 RV units in the entire PUD), or 4 Senior housing Care Units (not
to exceed 450 Senior Housing Care Units in the entire PUD).
(2) Up to 1,332 of the total 1,760 residential units may be multi- family
as defined in the Land Development Code.
(3) Non - residential land use conversions may include: a conversion of
retail allocation to office allocation at a one to one (l:l) ratio, not to exceed 25% of the retail
land use allocation; and from [tie hotel allocation of 92,000 square feet to 60,000 square feet of
Business Park land uses if no hotel is developed in the DRI. In no event shall the DRI exceed
3,328 PM Peak Hour Trips. Any land use change that would result in an aggregate project traffic
impact greater than 3,328 PM Peak Hour Trips shall require the filing of a Notice of Proposed
Change, if required by applicable law at the time.
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16. APPLICATION OF THIS DEVELOPMENT ORDER
A. For the purposes of this Development Order, the "Owner" commitments
set forth herein are applicable to Hacienda Lakes of Naples, LLC, it successors, and /or assigns.
The "Owner" commitments below shall not be enforceable upon Swamp Buggy, Inc., nor Collier
County Junior Deputies League, Inc., except to the extent it is a requirement related to the land
owned by same. The commitments may only be assigned by written notice to the Growth
Management Division Administrator and confirmation that the Administrator has received such
notice.
B. One entity (hereinafter the Managing Entity) shall be responsible for PUD and
DRI monitoring until close -out of the PUD and DRI, and this entity shall also be responsible for
satisfying all PUD/DRI commitments until close -out of the PUD and DRI. At the time of this
PUD approval, the Managing Entity is Hacienda Lakes of Naples 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. Amer 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 and DRI 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 and DRI are closed -out, then the Managing
Entity is no longer responsible for the monitoring and fulfillment of PUD and DRI commitments.
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17. LEGAL ACCESS
A. Access to Parcel "A," as described in Exhibit "C" of this document shall
be via a new roadway easement from the Owner to the owner, successor, or assigns of Parcel A
that includes Parcel Folio Numbers 00467320802, and 00467320501 that shall . be recorded in the
Public Records of Collier County, and shall run in a north -south direction from the existing 30-
foot roadway easement recorded in O.R. Book 857, Page 1800. This easement shall be recorded
within 90 -days of approval of the Hacienda Lakes MPUD.
B. Access to Parcel "B," as described in Exhibit "DII of this document, shall
be via the existing roadway and ingress /egress easements recorded in O.R. Book 271, Page 505,
O.R. Book 6222, Page 1609, O.R. Book 245, page. 124, , and O.R. Book 287, Page 18.
C. No existing public access /roadway easements shall be vacated to preclude
reasonable access to off -site private and public lands without providing replacement access
easements.
18. PLANNING
A. Prior to the issuance of the first residential SDP or Plat Approval in the
Hacienda Lakes DRI, Base TDR Credits and Early Entry TDR Bonus Credits shall be severed
and redeemed from all Sending Lands to be preserved within one mile of the Urban Residential
Fringe and there shall be executed and filed a Limitation of Development Rights Agreement(s)
for such lands at that time.
B. A permanent conservation mechanism, including such Limitation of
Development Rights Agreement(s), shall be attached/or applied to all Sending Lands to be
preserved beyond one mile of the Urban Residential Fringe prior to final approval of the first
SDP or Plat Approval for the Hacienda Lakes DRI project.
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C. This Development Order states the land uses approved in gross square
feet, acreage and parking (if applicable) are consistent with the statewide guidelines and
standards in Chapter 380.0651, Florida Statutes.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Collier
County, Florida, that:
1. The County Manager or designee shall be the local official responsible for
assuring compliance with the Development Order.
2. This Development Order shall remain in effect for 15 years from the date of
adoption.
3. The definitions contained in Chapter 380; Florida Statutes, shall control the
interpretation and construction of any terms of tlus Development order.
4. Pursuant to Subsection 380.06(15)(c)3, Florida Statutes, this project is exempt
from down - zoning or intensity or density reduction for a period of 15 years from the date of
adoption of the Development Order, subject to the conditions and limitations of said Subsection
of the Florida Statutes.
5. The Developer or its successor in title to the subject property shall submit a report
biennially, commencing two years. from the effective date of this Development Order, to the
Board of County Commissioners of Collier County, the Southwest Florida Regional Planninj
Council, and the Department of Community Affairs. This report shall contain the infonnation
required in Section 9J- 2.0250, Florida Administrative Code. This report shall be prepared in
accordance with the "DIU Monitoring Format ", as may be amended, provided by the SWFRPC.
Failure to submit the biennial report shall be governed by Subsection 380.06(18), Florida
Statutes.
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6. Subsequent requests for development permits shall not require further review
pursuant to Section 380.06, Florida Statutes, unless it is found by the Board of County
Commissioners of Collier County, after due notice and hearing, that one or more of the following
is present. Upon a finding that one or more of the following is present, the Board of County
Commissioners of Collier County may take any action authorized by Chapter 380.06 (19), Florida
Statutes, pending issuance of an amended development order:
A. A substantial deviation from the terms or conditions of this Development
Order, a substantial deviation to the project development phasing schedule, a failure to carry out
conditions, commitments or mitigation measures to the extent or in accord with the timing
schedules specified herein, or substantial deviation from the approved development plans which
create a reasonable likelihood of additional regional impacts or other types of regional impacts
which were not previously reviewed by the Southwest Florida Regional planning Council; or
B. An expiration of the period of effectiveness of this Development order as
provided herein; or
C. If the local government, during the course of monitoring the development,
can demonstrate that substantial changes in the conditions underlying the approval of the
Development order have occurred or that the Development Order was based on substantial
inaccurate information provided by the Developer, resulting in additional substantial regional
impacts, then a substantial deviation shall be deemed to have occurred.
7. The approval granted by this Development Order is limited. Such approval shall
not be construed to obviate the duty of the Developer to comply with all other applicable local,
state or federal permitting procedures,
8. It is understood that any reference herein to any governmental agency shall be
construed to mean any future instrumentality which may be created or designated or successor in
Hacienda Lakes, DRI-70M -AR -10147
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COUNTY ATTORNEY DRAFT
interest to, or which otherwise possesses any of the powers and duties of any referenced
governmental agency in existence on the effective date of this Order.
9. Appropriate conditions and commitments contained herein may be assigned to or
assumed by a Community Development District formed pursuant to Chapter 190, Florida
Statutes.
10. In the event that any portion or section of this Order is deterniined to be invalid,
illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in
no maiurer affect the remaining portions of this Order which shall remain in full force and effect.
11. This Development Order shall be binding upon the County, the Owner, and the
Developer, their assignees or successors in interest.
12. This Development Order shall become effective as provided by law.
13. Certified copies of this Order shall be provided to the Department of Community
Affairs and the Southwest Florida Regional Planning Council as provided ui Subsection
380.06(25)(g), Florida Statutes.
This Resolution adopted after motion, second and favorable vote this day of
, 2011.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
Deputy Clerk FRED W. COYLE, Chairman
Hacienda Lakes, DRI- 2006 -AR- 10147
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Approved as to form
and legal sufficiency:
4\'0 \kk
Heidi Ashton- Cicko
Assistant County Attorney
Section Chief, Land Use /Transportation
COUNTY ATTORNEY DRAFT
Attachments: Exhibit A — Legal Description
Exhibit B — Maps H -1 through H -4 including phasing schedule
Exhibit C — Access to Parcel A
Exhibit D — Access to Parcel B
CP110 -CPS - 01022190
Hacienda Lakes, DRI- 2006 -AR -10147
Rev. 08/2.3/11
Page 54 of 54
AGENDA ITEM 9 -C
THIS ITEM HAS BEEN CONTINUED FROM THE AUGUST 4T" MEETING,
THEN AGAIN FROM THE AUGUST 1ST" MEETING.
YOU HAVE RECEIVED THIS MATERIAL AT THE AUGUST 4T" MEETING.
PUDA- PL2011 -7039
PINE RIDGE CENTER WST PUD