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CCPC Agenda 06/07/2012 R & LDCCCPC REGULAR MEETING AGENDA JUNE 7. 2012 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, JUNE 7, 2012, 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 -May 3, 2012 6. BCC REPORT- RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS 9. ADVERTISED PUBLIC HEARINGS A. Note: This item has been continued from the May 17th CCPC meeting: This item will be heard first as an Advertised Public Hearing under agenda item 9A then will be heard as Consent immediately following as agenda item 9B: PUDA- PL20110001497: Bent Creek Preserve RPUD -- 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 the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps for a project previously known as the Summit Lakes Residential Planned Unit Development (RPUD) which is henceforth to be known as the Bent Creek Preserve RPUD, to allow construction of a maximum of 450 residential dwelling units on property located approximately one -half mile east of the intersection of Collier Boulevard (C.R. 951) and Immokalee Road (C.R. 846) in Section 26, Township 48 South, Range 26 East, Collier County, Florida, consisting of 138.4 +/- acres; providing for the repeal of Ordinance Number 06 -62, the Summit Lakes RPUD; and by providing an effective date. [Coordinator: Kay Deselem, AICP, Principal Planner] B. Note: This item has been continued from the May 17th CCPC meeting: This item will be heard first as an Advertised Public Hearing under agenda item 9A then will be heard as Consent immediately following as agenda item 9B: PUDA- PL20110001497: Bent Creek Preserve RPUD -- 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 the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps for a project previously known as the Summit Lakes Residential Planned Unit Development (RPUD) which is henceforth to be known as the Bent Creek Preserve RPUD, to allow construction of a maximum of 450 residential dwelling units on property located approximately one -half mile east of the intersection of Collier Boulevard (C.R. 951) and Immokalee Road (C.R. 846) in Section 26, Township 48 South, Range 26 East, Collier County, Florida, consisting of 138.4 +/- acres; providing for the repeal of Ordinance Number 06 -62, the Summit Lakes RPUD; and by providing an effective date. [Coordinator: Kay Deselem, AICP, Principal Planner] C. PUDA- PL2011 -1168: Naples Reserve RPUD, an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 07 -71, The Naples Reserve Golf Club Residential Planned Unit Development (RPUD), to remove a golf course from the RPUD; providing for amendments to permitted uses; providing for amendments to development standards; providing for amendments to master plan; providing for amendments to list of requested deviations from LDC; providing for amendments to list of developer commitments; and providing an effective date. Subject property is located one -third of a mile north of US 41 and 1 -1/2 miles east of Collier Boulevard (CR 951) in Section 1, Township 51 South, Range 26 East, Collier County, Florida consisting of 688 +/- acres. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] D. PUDA- PL20100001551: PARKLANDS PUD -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Planned Unit Development zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Parklands RPUD, to change the PUD by reducing the residential dwelling units from 1603 dwelling units to 850 residential dwelling units, increasing the preserve to 341 acres, deleting golf courses as a permitted use, revising development standards requesting deviations from the Land Development Code, and eliminating a 7.23± acre park on property located east of Quail West and south of the Lee - Collier line in Section 9, Township 48 South, Range 26 East, Collier County, Florida, consisting of 642.34± acres; providing for repeal of Ordinance No. 03 -42; and providing an effective date (Companion to Petition DOA- PL201000001550) [Coordinator: Kay Deselem, AICP, Principal Planner]. E. DOA- PL20100001550: PARKLANDS DRI A Resolution amending Development Order No. 85 -4, as amended, for the Parklands Development of Regional Impact ( "DRI") by providing for Section One: Amendments to the Development Order including amendments to the Findings of Fact section to reflect changes in acreages for various components of the project and removal of conversion table; reducing the number of dwelling units from 1,603 to 850; increasing the preserve area to 341 acres, deleting golf course as a permitted use and adding a buildout date; amendments to the Conclusions of Law section amending the following subsections: Education subsection to provide for dedication instead of donation of a school site; amendments to Fire Protection subsection to remove requirement of fair share contribution to capital and operating expenses and replace with payment of impact fees; amendments to the Fiscal subsection to remove the requirement that the construction of a segment of Logan Boulevard will be at no cost to the County; amendments to the Transportation subsection to reflect removal of proportionate share requirements for off - site road segments and removal of traffic monitoring report; removal of Wastewater Management subsection; amendments to Water Supply subsection to identify water supply; amendment to re- number the Leapfrog Development subsection; amendments to the General Considerations subsection to make minor language changes and change reporting to biennial; removal of the Water Management subsection; removal of the Environmental Considerations subsection; removal of the Transportation subsection; removal of the Utilities subsection; removal of the Mosquito Control subsection; removal of Parks and Open Space subsection; removal of exemptions to subdivision regulations; Section Two: Findings of Fact: extending the buildout date to January 22, 2026; Section Three: Conclusions of Law; Section Four: Effect of Previously Issued Development Orders and Transmittal to the Department of Community Affairs; and Providing for an Effective Date. The subject property is located east of Quail West and south of the Lee - Collier line in Section 9, Township 48 South, Range 26 East, Collier County, Florida. [COMPANION TO: PUDA- PL20100001551: PARKLANDS PUD] [Coordinator: Kay Deselem, AICP, Principal Planner] 10. OLD BUSINESS A. LDC Amendments 2012 Cycle 1 [Coordinator: Caroline Cilek, Senior Planner] 11. NEW BUSINESS 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN CCPC Agenda/Ray Bellows /jmp AGENDA ITEM 9 -A This item has been continued from the May 17, 2012 CCPC meeting. This item will be heard first as an Advertised Public Hearing under agenda item 9A then will be heard as Consent immediately following as agenda item 9B: PUDA- PL20110001497: Bent Creek Preserve RPUD -- 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 the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps for a project previously known as the Summit Lakes Residential Planned Unit Development (RPUD) which is henceforth to be known as the Bent Creek Preserve RPUD, to allow construction of a maximum of 450 residential dwelling units on property located approximately one - half mile east of the intersection of Collier Boulevard (C.R. 951) and Immokalee Road (C.R. 846) in Section 26, Township 48 South, Range 26 East, Collier County, Florida, consisting of 138.4 +/- acres; providing for the repeal of Ordinance Number 06 -62, the Summit Lakes RPUD; and by providing an effective date. [Coordinator: Kay Deselem, AICP, Principal Planner] ORDINANCE NO. 12- 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 THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS FOR A PROJECT PREVIOUSLY KNOWN AS THE SUMMIT LAKES RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) WHICH IS HENCEFORTH TO BE KNOWN AS THE BENT CREEK PRESERVE RPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 450 RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED APPROXIMATELY ONE-HALF MILE EAST OF THE INTERSECTION OF COLLIER BOULEVARD (C.R. 951)AN.D IN14IOKALEE ROAD (C.R. 846) IN SECTION 26, TOWINSIHP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 138.4 +/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 06-62, THE SUMMIT LAKES RPUD; AND BY PROVIDING,4,N EFFECTIVE DATE. WHEREAS, Patrick Vanasse, AfCP of RWA, Inc. and R. Bruce Anderson, Esquire of Roetzel & Andress LPA. representing Centerline Homes Enterprises Three, LLC., petitioned the Board of County Commissioners ofCollier County, Florida to amend. Ordinance Number 06-62, the Summit Lakes Residential Plarni.ed Unit Development. NOW, THEREFORE, BE IT ORDAIN-ED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,, that: SECTION ONE: The zoning classification of the herein described real property located in Section 26, Township 48 South, Range 26 East, Collier County, Florida is changed from. a Residential Planned Unit Development (RPUD) zoning district to a Residential Planned Unit Development (RPUD) for a project to be known as the Bent Creek Preseive RPUD to allow construction of a Bent Creek Preserve RP(JD/PUDA-PL201]0001497 Rev- 5i22/12 Page 1. of 2 maximum of 450 residential dwelling units in accordance with the Bent Creek Preserve RPUD, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier Countv Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 06-62, known as the Summit Lakes Residential Planned Unit Development, adopted on December 12, 2006 by the Board of County Commissioner,-, of Collier County, Florida., is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become efTective upon filing with the Department of State, tp PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this _day of 2012. ATTEST: DWIGHT E. BLOCK, CLERK By: . Deputy Clerk Approved as to form and legal sufficiency: Steven, T. Williams 51 V-4 if Assistant County Attorney :�J'2 z BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 0 FRED W. COYLE, Chairman Attachment: Exhibit A - Bent Creek Preseii•e RPUD Document 12-CPS-01 148133 Bent Creek Preserve RPUDiPUDA-PL20110001497 Rey, 5/22/12 Pane 2 of 2 .......... EXHIBIT A PROJECT LAND USE TRACTS TYPE UNITS ACREAGE± TRACT "R" RESIDENTIAL 450 110.1 TRACT "RA" RECREATION AREA 0 4.6 TRACT "P" PRESERVE 0 23.7 TOTAL 138.4 I TRACT R 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) Single - family detached dwellings; 2) Single - family attached dwellings (including townhouses intended for fee simple conveyance including the platted lot associated with the residence); 3) Multi - family dwellings; 4) Model homes; 5) All principal uses permitted in Tract RA, No principal uses pennitted in Tract RA shall be permitted in Tract R that abuts adjoining, off -site lands. 6) 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 Land Development Code (LDC). B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Customary accessory uses and structures including, but not limited to, private garages, swimming pools with or without screened enclosures, gatehouses, and other outdoor recreation facilities; 2) Walls, berms, signage, and development excavations; 3) Project sales, construction and administrative offices, which may occur in residential, and /or in temporary structures. 4) Signs, including boundary marker signage 5) Polling place if deemed warranted by the Supervisor of Elections; Bert Creek Preserve PL- 2011 -1497 Aff9 -18Mav 21" 2012 Page 1 of 13 030008.05.01 6) All accessory uses permitted in Tract RA. No accessory uses permitted in Tract RA shall be permitted in Tract R that abuts adjoining, off -site lands. II TRACT RA 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 (Typically Accessory to Residential Development): 1) Structures intended to provide social and recreational space (private, intended for use by the residents and their guest only); 2) Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts, playground improvements /facilities, and passive and /or active water features; 3) Signs, including boundary marker signage; 4) Cellular communication tower; 5) 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 the permitted principal uses and structures, including, but not limited to: 1) Customary accessory uses or structures incidental to recreation areas and, or facilities, including structures constructed for purposes of maintenance, storage or shelter with appropriate screening and landscaping; 2) Walls, berns, signage, and development excavation. III TRACT P 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, subject to the issuance of regional, state and federal pernits, when required: A. Principal Uses: 1) Native vegetation preserves; 2) 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. Bert creek Preserve PL- 2011 -1497 Ap-�May 21" 2012 Page 2 of 13 030008.05.01 B. Accessory Uses; Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Passive recreational areas and boardwalks; 2. Viewing platforms; 3. Nature trails including boardwalks and pedestrian/bicycle bridges; 4. Drainage and water management structures, included but not limited to walls, berms. Placement of water management struciures will not reduce the native preservation requirement. Bert creek Preserve PL- 2011 -1497 Aff+4SMav 21. 2012 Page 3 of 13 030008.05.01 EXHIBIT B DEVELOPMENT STANDARDS GENERAL: Development of The Bent Creek Preserve RPUD shall be in accordance with the contents of this Ordinance and applicable sections of the Collier County LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, subdivision plat, 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. 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. Table I below sets forth the development standards for land uses within the Residential PUD Residential Subdistrict (Tract "R "). 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. MAXIMUM DENSITY: There shall be no more than 450 residential dwelling units permitted which provides for a maximum gross density of 3.25 dwelling units per acre. NATIVE VEGETATION PRESERVATION: The 138.4 acre PUD has 94.41 acres of native vegetation existing on -site. Therefore, a minimum of 25% of the existing native vegetation (23.60 acres) are required to be retained or replanted as a native preserve. Approximately 1.47 acres of the proposed preserve will be recreated native habitat. Bert Creek Preserve PL- 2011 -1497 ?ff449May 21. 2012 Page 4 of 13 030008.05.01 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE FAMILY SINGLE FAMILY MULTI- CLUBHOUSE/ MINIMUM LOT AREA DETACHED ATTACHED & FAMILY RECREATION BUILDINGS SIDE S.P.S. TOWNHOUSE S.P.S. 1/2 BH PRINCIPAL STRUCTURES MINIMUM LOT AREA 4,500 S.F. 1,250 S.F. PER 1 ACRE 10,000 S.F. SIDE S.P.S. UNIT S.P.S. 1/2 BH MINIMUM LOT WIDTH 40 FEET 16 FEET 150 FEET N/A MINIMUM FLOOR AREA 1,000 S.F 1,000 S.F 1,000 S.F. N/A MIN FRONT YARD 20 FEET* 20 FEET 20 FEET* 25 FEET MIN SIDE YARD — SINGLE STORY 6 FEET 0 FEET or 6 FEET GREATER OF 10 GREATER OF 15 FEET OR MAX. BUILDING HEIGHT NOT TO EXCEED (ACTUAL) 40 FEET 40 FEET FEET OR 1/2 BH 1/2 BH MIN SIDE YARD — TWO -STORY 7.5 FEET GREATER OF 10 GREATER OF 10 GREATER OF 10 FEET OR 1/2 FEET OR 1/2 BH FEET OR 1/2 BH BH MIN REAR YARD 15 FEET 15 FEET 15 FEET GREATER OF 15 FEET OR 1/2 BH MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET MIN. DISTANCE BETWEEN 12 FEET 12 FEET GREATER OF 20 GREATER OF 15 FEET OR 1/2 STRUCTURES — SINGLE STORY FEET OR 1/2 THE SUM OF BH SUM OF BH MIN. DISTANCE BETWEEN 15 FEET GREATER OF 20 GREATER OF 20 GREATER OF 20 FEET OR 1/2 STRUCTURES - TWO -STORY FEET OR 1/2 FEET OR 1/2 THE THE SUM OF BH THE SUM OF BH SUM OF BH MIN. DISTANCE BETWEEN ONE 13.5 FEET N/A N/A GREATER OF 20 FEET OR 1/2 STORY and MULTI -STORY THE SUM OF BH STRUCTURES MAX. BUILDING HEIGHT NOT TO 35 FEET 40 FEET 45 FEET 50 FEET EXCEED (ZONED) MAX. BUILDING HEIGHT NOT TO 45 FEET 45 FEET 60 FEET 60 FEET EXCEED (ACTUAL) ACCESSORY STRUCTURES FRONT S.P.S. S.P.S. S.P.S. 20 FEET SIDE S.P.S. S.P.S. S.P.S. 1/2 BH REAR (ATTACHED) (DETACHED) 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET 20 FEET 10 FEET 20 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET MINIMUM DISTANCE BETWEEN STRUCTURES 12 FEET 12 FEET 12 FEET GREATER OF 15 FEET OR 1/2 BH MAX. BUILDING HEIGHT NOT TO EXCEED (ZONED) 35 FEET 35 FEET 35 FEET 40 FEET MAX. BUILDING HEIGHT NOT TO EXCEED (ACTUAL) 40 FEET 40 FEET 40 FEET 40 FEET S.P.S. = Same as Principal Structures BH = Building Height — unless otherwise noted, all building heights shall be "zoned" building heights, as defined in the LDC. *: Residences with side loaded garages may have a minimum 15 foot front yard Bej Creek Preserve PL- 2011 -1497 Ap4 18M2v 21, 2012 Page 5 of 13 030008.05.01 Notes: PROPERTY LINE 1) No structures are permitted in the required 20 -foot lake maintenance easement. No setback is required for structures adjacent to a lake maintenance easement. 2) Side yards — No side yard shall be required between units, within one building, when more than one residential unit is in a single structure (i.e.: attached single - family and townhomes). a «r- rafr_�sesse��ss�rs�eerrsr. 43) Terraced setbacks are permitted for either two or three story multi - family structures. Side yard setbacks shall be measured from that ground floor exterior wall of lesser height as long as a minimum 15 foot exterior building wall setback is provided for floors above the first floor as depicted in Figure 1 below. 64) Firewall protrusions into required yards are permitted up to three (3') feet. 65) Entrance features (i.e.: monuments, clock towers and colonnades) may be located at the project entrance and shall be limited to a maximum height of 50 feet. 6) For all residential units, garages must be located a minimum of 23 feet from the back of the sidewalk located in the street rights -of -way closest to the garage, except for side load garages, wherein a parking area 23 feet in depth must be provided perpendicular to the sidewalk to avoid vehicles being parked across aportion, or all of the referenced sidewalk. 7) No more than ten (10) attached dwelling units are permitted without a side yard setback between the building containing those units and the next building_ 15' MIN EXTERIOR BUILDING WALL SETBACK SIDE -. � [= nl lo SETBACK II I Figure 1 Bert creek Preserve PL- 2011 -1497 Aff4 -19M2y 21, 2012 030008.05.01 Page 6 of 13 S C A EEO$ y t4 m��Nw nm �� b 3 cn�A EXHIBIT C MASTER PLAN ZD Zr.Dnl Z f I 1j Irmo �mzm r (I =Mmpm o? rv�mOC � 1 1 Ir I m �F, m ( y II gNg mcm Sc �II r � :I i 1 yz<� is I i r� � s 1� 1 A wiz ^' I I Ca�2� LF -� 1 mmS Ln i7 WDODCREST DRIVE it I� O y M Rf 7I � CNCK 1° mO � •.ZI N � I m yo �a I I 1 1 O i I, OO YN C Ct � OO �Cf it -zi�m y m m rm�ip °^I m�� C, r, aci mz TS m °"OZ �m m � M n pmm -cy mrn c m 0 ° Z _ -� -� -• m fD P c ;O�m rr� D p- +Z7 I ZD Zr.Dnl Z f I 1j Irmo �mzm r (I =Mmpm o? rv�mOC � 1 1 Ir I m �F, m ( y II gNg mcm Sc �II r � :I i 1 yz<� is I i r� � s 1� 1 A wiz ^' I I Ca�2� LF -� 1 mmS Ln i7 WDODCREST DRIVE it I� O y M Rf 7I � CNCK 1° mO � •.ZI N � I m yo �a I I 1 1 O i I, OO YN C Ct � OO �Cf it -zi�m y m m m m n N nm Cb g ;m v� -zi�m y n m to --� pi °"OZ rr+O �V1 ZC F ftiQ�A X o a ^9 =i vv �y A M:, D p- b G$fQpV = m p m` Z ZZ 2 f/i O yy y�2 n A .Z•. g T ��ro m1 i °mo p Z, g ri r ti w yam %z m z�D o =g �z F D n2m Z v•Om �N Z mc O 2 o111�D� z z — BF_NT cREr•;ri Prtesr_RVr, t.r r. BENT CREEK PRESERVE �`�lAa uw, R p�D ? Julian Bryan � RPUD MASTER PLAN CONSUL V.JL A ;r-+ga i�S50C10f6 i t \ Ll 1 I Bert Creek Preserve PL- 2011 -1497 &Mav 21, 2012 Page 7 of 13 030008.05.01 N n m to yO r n Z G C N ui { �r w yam P1 z — BF_NT cREr•;ri Prtesr_RVr, t.r r. BENT CREEK PRESERVE �`�lAa uw, R p�D ? Julian Bryan � RPUD MASTER PLAN CONSUL V.JL A ;r-+ga i�S50C10f6 i t \ Ll 1 I Bert Creek Preserve PL- 2011 -1497 &Mav 21, 2012 Page 7 of 13 030008.05.01 EXHIBIT D Legal Description LEGAL DESCRIPTION (AS PROVIDED BY FIDELITY NATIONAL TITLE INSURANCE COMPANY) COLLIER COUNTY PARCELS I THROUGH 10: PARCEL 1 (OUTDOOR RESORTS) THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 100 FEET THEREOF; ALSO LESS AND EXCEPT THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3188, PAGE 1723 (PARCEL 103), OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 2 (OUTDOOR RESORTS) THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING DESCRIBED PORTION: BEGIN AT THE SOUTHEAST CORNER OF SAID WEST 1/2, THENCE NORTH 2° 19'4" WEST, ON THE EAST LINE OF SAID WEST 1/2 A DISTANCE OF 267.62 FEET; THENCE NORTH 89° 59'9" WEST, A DISTANCE OF 660.58 FEET TO A POINT ON THE WEST LINE OF SAID WEST 1/2; THENCE SOUTH 2° 18'30" EAST, ON SAID WEST LINE A DISTANCE OF 267.79 FEET TO A POINT ON THE SOUTH LINE OF SAID WEST 1/2; THENCE NORTH 890 59'58" EAST, ON THE SOUTH LINE OF SAID WEST 1/2 A DISTANCE OF 660.62 FEET TO THE POINT OF BEGINNING. PARCEL 3 (OUTDOOR RESORTS) THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING DESCRIBED PORTION: BEGIN AT THE SOUTHWEST CORNER OF SAID WEST 1/2; THENCE NORTH 2° 17'20" WEST, ON THE WEST LINE OF SAID WEST 1/2 A DISTANCE OF 362.58 FEET; THENCE NORTH 89° 59'58" EAST, A DISTANCE OF 658.26 FEET; THENCE NORTH 20 17'55" WEST, PARALLEL TO THE EAST LINE OF SAID WEST 1/2 A DISTANCE OF 350.74 FEET; THENCE SOUTH 88° 49'57" EAST, A DISTANCE OF 2.30 FEET TO A POINT ON THE EAST LINE OF SAID WEST 1/2; THENCE SOUTH 2° 17'55" EAST, ON SAID EAST LINE A DISTANCE OF 713.28 FEET TO THE SOUTHEAST CORNER OF SAID WEST 1/2; THENCE SOUTH 890 590 58" WEST, ON THE SOUTH LINE OF SAID WEST 1/2 A DISTANCE OF 660.62 FEET. PARCEL 4 (OUTDOOR RESORTS) THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; LESS AND EXCEPT THE FOLLOWING DESCRIBED PORTION: BEGIN AT THE SOUTHWEST CORNER OF SAID EAST 1/2; THENCE NORTH 2° 17'55" WEST, ON THE WEST LINE OF SAID EAST 1/2 A DISTANCE OF 713.28 FEET; THENCE SOUTH 88° 49'57" EAST, A DISTANCE OF 661.18 FEET TO A POINT ON THE EAST LINE OF SAID EAST 1/2; THENCE SOUTH 2° 18'30" EAST, ON THE EAST LINE OF SAID EAST 1/2, A DISTANCE OF 699.79 FEET TO A POINT ON THE SOUTH LINE OF SAID Bert Creek Preserve PL- 2011 -1497 4f4-19May 21. 2012 Page 8 of 13 030008.05.01 EAST 1/2; THENCE SOUTH 89° 59' 58" WEST, ON THE SOUTH LINE OF SAID EAST 1/2 A DISTANCE OF 660.62 FEET TO THE POINT OF BEGINNING. PARCEL 5 (OUTDOOR RESORTS) THE NORTH 80% OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. PARCEL 6 (OUTDOOR RESORTS) THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 100 FEET THEREOF FOR ROAD RIGHT OF WAY; ALSO LESS AND EXCEPT THE LAND DESCRIBED IN OFFICIAL RECORDS BOOK 3188, PAGE 1723, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 7 (KOLEQUE PARCEL ONE) THE NORTH 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 8 (KOLEQUE PARCEL TWO) THE SOUTH 20% OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 30 FEET THEREOF FOR RIGHT OF WAY FOR INGRESS AND EGRESS PURPOSES, AS RECORDED IN OFFICIAL RECORDS BOOK 642, PAGE 1588, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, RUN ALONG THE EASTERLY LINE OF SAID SECTION A BEARING OF SOUTH 020 21'08" EAST FOR 2675.77 FEET TO A FOUND 5/8 INCH IRON ROD, BEING THE EASTERLY 1/4 CORNER OF SAID SECTION AND A POINT OF BEGINNING; THENCE RUN SOUTH 890 58'26" WEST ALONG THE QUARTER SECTION LINE, 660.62 FEET TO A 4 INCH CONCRETE MONUMENT, SAID MONUMENT BEING THE COMMON CORNER OF THIS PARCEL AND THE NORTHEAST CORNER OF CRYSTAL LAKE RV RESORT; THENCE RUN NORTH 020 20'40" WEST, A DISTANCE OF 267.60 FEET TO A SET 5/8 INCH IRON ROD WITH CAP; THENCE RUN NORTH 89° 58'42" EAST, A DISTANCE OF 660.58 FEET TO A 518 INCH IRON ROD THAT WAS FOUND AT THE INTERSECTING POINT ON THE EASTERLY SECTION LINE; THENCE RUN SOUTH 02° 21' 08" EAST ALONG THE EASTERLY LINE OF THE SECTION A DISTANCE OF 267.58 FEET TO THE POINT OF BEGINNING, LESS THE EASTERLY 30 FEET RESERVED FOR A ROAD INGRESS /EGRESS RIGHT OF WAY AS RECORDED IN OFFICIAL RECORDS BOOK 642, PAGE 1588, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 9 (CAPIELLO PARCEL) A PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THEREFROM THE NORTH 178.91 FEET. COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26, SOUTH Bengt Creek Preserve PL- 2011 -1497 A{�May 21, 2012 Page 9 of 13 030008.05.01 89° 58' 17" EAST, A DISTANCE OF 1320.35 FEET, TO THE NORTHWEST CORNER OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26; THENCE ALONG THE WEST LINE OF THE SAID WEST 1/2, SOUTH 02° 18'21" EAST, A DISTANCE OF 179.06 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, SAID POINT BEING ON A LINE PERPENDICULAR TO THE SAID NORTH LINE AND SOUTHERLY 178.91 FEET; THENCE EASTERLY AND PARALLEL TO THE SAID NORTH LINE, SOUTH 89° 58' 17" EAST, A DISTANCE OF 660.21 FEET TO THE EAST LINE OF THE SAID WEST 1/2; THENCE ALONG THE SAID EAST LINE SOUTH 020 19'00" EAST, A DISTANCE OF 1158.95 FEET, TO THE SOUTHEAST CORNER OF THE SAID WEST 1/2; THENCE ALONG THE SOUTH LINE OF THE SAID WEST 1/2, NORTH 89° 59' 07" WEST, A DISTANCE OF 660.42 FEET TO THE SOUTHWEST CORNER OF THE SAID WEST 1/2; THENCE ALONG THE SAID WEST LINE NORTH 020 18' 21" WEST, A DISTANCE OF 115 9. 10 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. PARCEL 10 (FERGUSON PARCEL) A PARCEL OF LAND LYING IN THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, LESS THE NORTH 100 FEET OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH /SOUTH QUARTER LINE OF SAID SECTION 26, SOUTH 02° 17' 02" EAST, 179.03 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE CONTINUE ALONG SAID QUARTER LINE ALSO BEING THE EAST PROPERTY LINE OF THE BOUNDARY LINE AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 2228, PAGE 1540 THROUGH 1544, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SOUTH 02° 17'02" EAST, 1159.43 FEET TO THE SOUTH LINE OF THE SAID BOUNDARY AGREEMENT; THENCE ALONG SAID BOUNDARY AGREEMENT THE FOLLOWING TWO COURSES; 1) NORTH 89° 58'36" WEST, 528.56 FEET; 2) NORTH 02° 16' 14" WEST, 1180.43 FEET TO THE INTERSECTION WITH SOUTH BOUNDARY LINE OF PARCEL 102 AS DESCRIBED IN OFFICIAL RECORDS BOOK 3128, PAGE 2557; THENCE CONTINUE ALONG THE SOUTH BOUNDARY OF SAID PARCEL 102 THE FOLLOWING THREE COURSES: 1) SOUTH 89° 58' 39" EAST, 196.60 FEET; 2) SOUTH 00° OF 21" WEST, 21.00 FEET; 3) SOUTH 89° 58'39" EAST, 332.54 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN. GROSS LAND AREA OF PARCELS 1 THROUGH 10, INCLUSIVE = 6,027,469.4 SQUARE FEET OR 138.4 ACRES MORE OR LESS. Bert Creek Preserve PL- 2011 -1497 Aff4 -18May 21, 2012 Page 10 of 13 030008.05.01 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC Deviation #1 seeks relief from LDC Section 5.04.04.B.5.c., that functionally limits the number of model homes to five, to allow one model home for each variant of the residential product proposed in the project, not to exceed fifteen. Deviation #2 seeks relief from LDC Section 5.06.02 to allow "boundary marker" signage on property corners fronting on , RPUDlmmokalee Road. The sign content area for "boundary markers" to be located in the Residential Tract R, or RA may be 15 feet in height rather than 8 feet in height as limited in LDC Subsection 5.06.02B.6.b. Deviation #3 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 a..,...° ,.ubli,, read ay-s mmokalee Road, an 18 -foot tall visual screen may be installed as a wall, bet:ffi, e~ wall/berm combination. Where associated with Woodcrest Drive, a 12 foot tall visual screen may be installed as a wall/berm combination. Deviation #4 seeks relief from Section 6.06.01(0) of the LDC for cul -de -sac and local streets, and LDC Appendix B, Typical Street Section, B -4 and B -5 which requires 60 feet of right -of -way to allow all platted project streets to have a minimum 50 -foot right -of -way_ Deviation #5 seeks relief from Section 2 -12, Exhibit A, Subsection C. 13J. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance Number 2004 -66 and made a part of the Code of Ordinances. Bert creek Preserve PL- 2011 -1497 Aff4 -1-8May 21. 2012 Page 11 of 13 030008.05.01 EXHIBIT F LIST OF DEVELOPER COMMITMENTS TRANSPORTATION The development of this RPUD shall be subject to and governed by the following conditions: A. Any noise wall, or noise abatement facilities, or structures shall be the sole responsibility of the developer. B. Upon being warranted by the County, the developer shall provide a fair share contribution toward the installation and maintenance of a traffic signal at the intersection of Woodcrest Drive and Immokalee Road. C. In order to prioritize the through movement on Woodcrest Drive, both right and left turn lanes shall be required for the project access point and compensating right -of -way shall be provided without cost to the County upon plat or site development plan approval. D. An interconnection to the agriculturally zoned plant nursery to the west of the project may be appropriate in the future should conditions allow. Therefore, a potential interconnection has been provided for on the RPUD Master Plan. A shared access point with the Agricultural Zoned undeveloped parcel at the northeast corner of the project is appropriate. If appropriate and future conditions allow by a cost - sharing agreement with the owner of the undeveloped parcel, the developer shall design and construct the shared access with the appropriate development order application. Any necessary easements will also be dedicated with the development order. ENVIRONMENTAL The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. A minimum of 23.60 acres of native vegetation are required to be retained or replanted as a native preserve. Approximately 1.47 acres of the proposed preserve will be recreated native habitat. PLANNING A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close -out of the PUD. At the time of this PUD approval, the Managing Entity is Centerline Homes Enterprises Three, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments." Bert creek Preserve PL- 2011 -1497 Aff448M2v 21. 2012 Page 12 of 13 030008.05.01 B. Construction of the clubhouse will commence prior to the issuance of the Certificate of Occupancy (CO) for the 45th residential dwelling unit. C. Related to Deviation #l, as a part of the application material for every building pennit for a model home, the developer shall provide documentation stating how many model homes are in existence so that the maximum of fifteen model homes is not exceeded. PUBLIC UTILITIES A. The project shall connect to the Collier County Water Sewer District ( CCWSD) potable water system at a location determined by CCWSD when capacity is available. B. The project shall connect to the CCWSD wastewater collection and conveyance system at a location determined by CCWSD when capacity is available. C. The project shall connect to the CCWSD hrigation Quality water system at a location determined by CCWSD when capacity is available. D. 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 shall 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. . 7M,` rr�rr.�s! Sri! nal."M I0 .P:0W: W sIe"s7 -1R �.rsee:�eer trs!M. . ...... ...... MIN TE. All customers shall be customers of the Collier County Water Sewer District. Bert creek Preserve PL- 2011 -1497 Aff449May 21. 2012 Page 13 of 13 030008.05.01 EXISTING CELL© PHONE TOWER MARKER (TYP.) © RA A, AGRICULTURE WHOLESALE 1 PLANT NURSER 1 I 15' MIN. R TYPE "B" i-- BUFFER ! HERITAGE BAY DRI /MPUD MIXED USE SUBDIVISION - - - - — IMMOKALEE ROAD C.R. 846 X20' MIN .----------------- - - - - -- ------ - -:20' MIN- » ------- - - - - -- - BOUNDARY -- -TYPE „D., TYPE »D - -- __ - -- - MARKER (TYP.) - __ > BUFFER ---- - - - - __- - - - - -- BUFFER =_ - -- - _ - - -- - -- R--------- - - - - -- II I I I I I 1 I L A I I 1 I R RA 10' MINA w, _ - I TYPE 'A >_ BUFFER A, ,V1 \ R AGRICULTURE `'' - 0 L i UNIMPROVED o P . R ` \�`� R I , 1 10' MIN. { 01� \\\ i I TYPE "A" - - - \ L 1 BUFFER 1�_�FUTURE ` LL FUTURE LL • . - , � ` R � IN LAND USE SUMMARY LAND USE TRACT UNITS ACREAGE PRESERVE P 0 23.70 RECREATION RA 0 4.59 RESIDENTIAL R 450 110.11 TOTAL 450 138.38 I m W&I 10 P►1►1 Iloilo] Z INTERCONNECTION R RA A. I I AGRICULTURE - R I DISTURBED PUD, TUSCANY COVE - L iI. O.W. DEVELOPED SUBDIVISON ± _ V ' V V ' . _ ± ± . ` . v J .. ; . y I I CONVEYANCE P 1 �I R X11 I PUD CRYSTAL I R I �I• 1 20' MIN. LAKE R.V. TYPE „D» SUBDIVISION i!5 04 CN.4 F+� z kUo � Cm � U c 0 � OZS W W C U w U � � Lo L4 L4 q v F g� N y h O U S - o _ N p c 0 4 uo 2 o a � N LEGEND R — RESIDENTIAL RA — RECREATIONAL AREA P— PRESERVE RPUD MASTER PLAN NOTES AGRICULTURE UNIMPROVED — TRAFFIC I 1 1 CIRCULATION PATTERN Q — BOUNDARY MARKER i!5 04 CN.4 F+� z kUo � Cm � U c 0 � OZS W W C U w U � � Lo L4 L4 q v F g� N y h O U S - o _ N p c 0 4 uo 2 o a � N RESORT 1 1' BUFFER A, STORAGE --------- RPUD MASTER PLAN NOTES AGRICULTURE UNIMPROVED 10' MIN. 10' MIN. I 1 1 S02'1 9'07"E 1.WITHIN THE PUD BOUNDARIES THERE WILL BE A MINIMUM .�I 267.48' THE PRESERVE TRACT WILL BE SUPPLEMENTED TYPE "A" TYPE "A" BUFFER BUFFER i © I I p i IITTTL��_ / / /_� i R.O.W. OF 60% OPEN SPACE. 2.THE FACILITIES AND IMPROVEMENTS SHOWN ON THIS PUD WITH ADDITIONAL PLANTINGS TO SATISFY A, CONVEYANCE MASTER PLAN SHALL BE CONSIDERED CONCEPTUAL IN BOTH LANDSCAPE BUFFER AGRICULTURE i �� I NATURE. REQUIREMENTS AND NATIVE PRESERVE & UNIMPROVED ®i REQUIREMENTS OF THE LDC. `, 3.THE DESIGN, LOCATION, AND CONFIGURATION OF THE LAND -. IMPROVEMENTS SHALL BE DEFINED AT EITHER SDP APPROVAL, OR CONSTRUCTION PLANS AND PLAT APPROVAL. 4.PLEASE REFER TO THE BOUNDARY SURVEY FOR LINE AND CURVE TABLES. 5.THE 138.4 ACRE PUD HAS 94.41 ACRES OF NATIVE I VEGETATION EXISTING ON -SITE. THEREFORE, A MINIMUM OF 25% OF THE EXISTING NATIVE VEGETATION (23.6 ACRES) I ARE REQUIRED TO BE RETAINED OR REPLANTED AS A RPUD HABITAT 1 NATIVE PRESERVE. APPROXIMATELY 1.47 ACRES OF THE WOODCREST I PROPOSED PRESERVE WILL BE RECREATED NATIVE HABITAT THE PRESERVE TRACT WILL BE SUPPLEMENTED DISTURBED l WITH ADDITIONAL PLANTINGS TO SATISFY 1 BOTH LANDSCAPE BUFFER 1 1 REQUIREMENTS AND NATIVE PRESERVE& 1 REQUIREMENTS OF THE LDC. I I r� .e. zo.z a:.i w a \zaw \oimoe.os.oi eem n..k — aaun t am.. �oaos aauo a.�e row' mco. , \ano-run's \aewz \w000eawvoze.o i!5 04 CN.4 F+� z kUo � Cm � U c 0 � OZS W W C U w U � � Lo L4 L4 q v F g� N y h O U S - o _ N p c 0 4 uo 2 o a � N DEVELOPER CONTRIBUTION AGREEMENT SUMMIT LAKES II (Successor to Developer Contribution Agreement dated December 13, 2006) THIS DEVELOPER CONTRIBUTION AGREEMENT (hereinafter referred to as the "Agreement" ) is entered into this _ day of May, 2012, by and between BENT CREEK PRESERVE, LLC, f/k/a CENTERLINE HOMES ENTERPRISES THREE, LLC, a Florida limited liability company and its successors, assigns and subsequent owner /developer ( "Bent Creek "); CALUSA PINES GOLF CLUB, L.L.C., a Florida limited liability company and its successors, assigns and subsequent owner /developer ( "Calusa "); WELLS FARGO BANK, N.A.; and COLLIER COUNTY, FLORIDA (the "County"). All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13, as amended. RECITALS: WHEREAS, Waterways Joint Venture V, a Florida partnership, was the owner of approximately 138.3 acres of land in unincorporated Collier County, Florida, located on the south side of Immokalee Road (CR -846), and approximately one half mile east of the intersection of Collier Boulevard:; (CR -951), and is adjacent to Woodcrest Drive (hereinafter referred to as the "Development"). The Development will be constructed on Tracts R and RA as depicted on the Summit Lakes Master RPUD Plan, attached hereto as Exhibit "A" and approved by the Collier County Board of Commissioners on December 12, 2006; and WHEREAS, Waterways Joint Venture V and the County have previously entered into that certain Developer Contribution Agreement Summit Lakes dated December 13, 2006 and recorded in Official,pRecords Book 4162, Page 2816, Public Records of Collier County, Florida (the "2006 Developer Agreement "); and WHEREAS, Section 6.5 - .Transportation - of the Summit Lakes RPUD, approved by the Board of County Commissioners on December 12, 2006, subsections "Q" and "R" states as follows: "Q. The developer shall build a local road cross - section on Woodcrest Drive from Immokalee Road to the southern boundary of the proposed Habitat Woodcrest RPUD. 1. If the right -of -way for the entire road is not available, the Developer shall construct the portion that has sufficient right -of -way. Where the right -of -way is not available, the Developer shall pay in lieu of construction within 30 days of the right -of -way permit issuance. 2. Should the County approve a Developer Contribution Agreement (DCA), such agreement shall provide road impact fee credits for the design, construction, and permitting, including environmental mitigation, for the upgrade from a local road to a minor collector road. R. The developer shall dedicate to the County, at no cost to the County, and within 90 days of rezone approval, approximately 1.51 acres for Woodcrest Drive right -of -way. This dedication shall not be eligible for road impact fees"; and WHEREAS, according to the terms of the 2006 Developer Agreement, Waterways Joint Venture V was vested transportation concurrency rights to the Development in exchange for Waterways Joint Venture V designing, permitting, and constructing a two lane urban collector road connecting Immokalee Road with Collier Boulevard and Vanderbilt Beach Road through a connection to Massey Street for the sum of $5,100,000 in Road Impact Fee Credits; and WHEREAS, pursuant to the terms of the Developer Agreement, on March 8, 2007, Waterways Joint Venture V provided an Irrevocable Standby Letter of Credit issued by Wells Fargo Bank, N.A., as successor (by merger) to Wachovia Bank, N.A (the "Bank") in the amount of $2,550,000.00, equal to one -half (1/2) of the County's estimated Road Impact Fees; and WHEREAS, Waterways Joint Venture V failed to meet its obligations under the Developer Contribution Agreement. On September 9, 2010, the County called the Irrevocable Standby Letter of Credit; and WHEREAS, on September 2, 2010, Bank filed a Verified Complaint in the Circuit Court of Collier County naming Waterways Joint Venture V, LLC (as successor by conversion to Waterways Joint Venture V) as a defendant and requesting the Court to enter a judgment of foreclosure with respect to the Bank's first priority mortgage on the real and personal property comprising the Development (the "Collateral "); and WHEREAS, on June 23, 2011, Bank obtained a Summary Final Judgment of Foreclosure against Waterways Joint Venture V, LLC with respect to the Collateral (the "Judgment "); and WHEREAS, on October 28, 2011, Bank executed an Assignment of Rights, a copy of which is recorded in Official Records Book 4731, Page 2059, Public Records of Collier County, Florida, thereby assigning to Bent Creek all of Bank's right, title, and interest in the Judgment and the Collateral (save and except the Bank's right to receive the LOC Refund, as defined below, from the County, which LOC Refund shall be paid to Wells Fargo Bank, N.A.); and WHEREAS, Calusa is the owner of a proposed residential project on the east side of the future Woodcrest Drive opposite Summit Lakes PUD, will be benefitted by the Project (as hereinafter defined) and desires to participate in the funding of a portion of the Project; and 2 WHEREAS, +t, > eottklrweeiir-e; and WHEREAS, the Tien -Growth Management Administrator has recommended to the Board of County Commissioners that the conveyance set forth in this Agreement (hereinafter referred to as the "Proposed Plan") is in conformity with contemplated improvements and additions to the County's - transportation network; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board finds and reaffirms that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth- necessitated capital improvements and additions to the County's transportation system; C. The Proposed Plan is consistent with both the public interest and with the comprehensive plan, including the most recently adopted or proposed five - year capital improvement program for the County's transportation system, the Long Range Transportation Plan and complies with the requirements of the Collier County Consolidated Impact Fee Ordinance; and d. Developer has paid the Two Thousand Five Hundred Dollars ($2,500.00) application fee for this Agreement. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. Except as expressly set forth below, this Agreement supersedes and replaces in its entirety the 2006 Developer Agreement, which on execution of this Agreement is terminated in its entirety and is of no further force or effect. 2. Pursuant to the terms of the 2006 Developer Agreement, the County has incurred or will incur Right -of -Way costs of approximately $1,105,632, as follows: Expended $833,632 3 • Projected (Warm Springs) $272,000 • Summit Lakes Estimated $-0- Total Costs $1,105,632 3. The parties agree that the County will deduct the total costs incurred pursuant to the 2006 Developer Agreement (as set forth above in paragraph 2) from the $2,550,000.00 funds received in accordance with the terms of the Irrevocable Standby Letter of Credit and will record on the Summit Lakes Road Impact Fee Credit Ledger an Impact Fee Credit of $1,105,632.00. 4. By its execution of the joinder attached to this Agreement, Bank stipulates that the recitals set forth above which concern Bank are in all manner and respect accurate and true, and that County may justifiably rely on these recitals in entering into this Agreement. In partial consideration for such reliance, after reimbursement of the foregoing costs to the County, Bank (as the party that paid the $2,550,000.00 to the County under the Irrevocable Letter of Credit) will receive a refund of the excess funds from the Irrevocable Standby Letter of Credit for a total refund in the amount of $1,444,368.00 (one million four hundred forty -four thousand three hundred sixty- eight dollars) (the "LOC Refund "). The LOC Refund shall be paid to Bank by the County within forty -five (45) days after the date this Agreement is fully executed. With the exception of the foregoing stipulation as to the recitals and agreement to pay the LOC Refund to the Bank, and as partial consideration for the LOC Refund, Bank and the County hereby mutually release one another from all claims and obligations of whatever kind with respect to all matters concerned by both this Agreement and the 2006 Developer Agreement. Except as set forth in this paragraph, Bank is not a party to the remainder of this Agreement and the other terms of this Agreement shall not apply to Bank. 5. Road and Utility Improvements. (a) On execution of this Agreement, the County will receive full ownership of the design plans for Woodcrest/Tree Farm/Massey Road as completed to date, free and clear of any claims or encumbrances. (b) Bent Creek shall be responsible to construct a road extending from Immokalee Road to a point which is south of the Habitat Woodcrest PUD entrance (the "Road ") as shown on the drawing marked as Exhibit `B" referenced below and attached hereto, and shall also be responsible to construct certain water and wastewater utilities (the "Utilities "), as depicted in Exhibit "D" and referenced below, within the road for the purpose of temporarily servicing the Summit Lakes PUD, Habitat Woodcrest PUD; and the neighboring Calusa Pines proposed residential development project (the Road, Water Management, and Utilities design and construction including CEI and any needed design services shall be referred to as the "Project"). Although Bent Creek shall be responsible for constructing these improvements, the owner /developer of the Calusa Pines project shall be responsible for paying to Bent Creek its share of cost for the temporary Utility improvements only, based upon its pro -rata fair share determined based upon the rd proposed number of residential units for the Summit Lakes PUD and Calusa Pines projects. Bent Creek and the owner of the Calusa Pines project have entered into a separate agreement confirming the construction of the Utilities and the specific allocations of cost to each for such improvements. (c) Bent Creek shall utilize the design drawings prepared by CH2MHill, as set forth in Exhibits "B" and "C" in order to permit and construct (i) the Road to urban collector road standards, and (ii) shall construct a compacted lime -rock road on fill at the cross - section elevations proposed on the Tree Farm Road/Woodcrest Drive roadway plans prepared by CH2M -Hill from that point shown on Exhibit "C ", Section B -B and Section C -C to the intersection of Woodcrest Drive and Acremaker Road; provided, however, that the cost of design, permitting, environmental mitigation, clearing, grading, acquiring fill and associated construction costs beyond that required to simply place compacted lime -rock on the existing dirt road as depicted in Exhibit "C" Section C -C shall be the responsibility of Collier County Public Utilities Division. Bent Creek may construct these sections of road in phases such that if Bent Creek is ready to permit and construct that portion of the road referenced in 5(c)(i) herein prior to the Collier County Public Utilities Division completing its obligations referenced in 5(c)(ii), Bent Creek shall be permitted to construct the road improvements referenced in 5(c)(i) and shall complete the road as provided in 5(c)(ii) at such later date when Collier County Public Utilities has completed its obligations for permitting and financing such construction. The typical road sections for the Project are set forth in the Exhibit "C ". In addition, Bent Creek shall also construct the Utilities according to the proposed utility designs in accordance with the drawings prepared by RWA, Inc. and approved by the Collier County Public Utilities Division attached hereto as Exhibit "D ". (d) The County anticipates that its utilities department may desire to make modifications to the Utilities as depicted in Exhibit "D ". The County shall have a period of one year from the date the Collier County Board of Commissioners approves this Amendment within which to design, permit and notify Bent Creek of the required modifications to the wastewater Utilities. If written notice of design and pen-nit approval is given within the one year period, then the Utilities shall be modified in accordance Q) with the modified Utilities as prepared by the County. In the event the County fails to -� notify Bent Creek of any required modifications to the utilities within this one year period, Bent Creek may proceed with the construction of the Utilities as depicted on JA- Exhibit "D ", which may be utilized to satisfy the wastewater needs of the Development and the Calusa property on a temporary basis. The County recognizes that Bent Creek and/or Calusa may need to construct the Utilities in the near term as depicted in Exhibit J "D" and accordingly, this one year period notwithstanding Bent Creek shall be G permitted to construct the Utilities as currently depicted in Exhibit "D" in the event either Bent Creek or Calusa is ready to move forward with the development of their property prior to the expiration of the one year period. Should Bent Creek and/or Calusa proceed forward prior to the one year exjiration period, they do so at their sole risk and expense f and shall not be relieved of their obligations to participate with Utility construction as shown on Exhibit "D" if Utilities provides proper notification within the one year time frame. If construction of the Utilities is completed as currently depicted in Exhibit "D ", 5 upon completion of such construction, Bent Creek and the owner of the Calusa Pines project shall have met all of their cost obligations relative to the construction of the Utilities, and the Collier County Public Utilities Division shall be responsible for all costs associated with the modification of the Utilities noted above, if the County chooses to construct such modifications. It is expressly understood and agreed that in the event Collier County Public Utilities is ready to move forward with modifications to the Utilities as shown in Exhibit "D" and has permitted same prior to Bent Creek commencing construction of the temporary Utilities, as depicted in Exhibit "D ", then Bent Creek and Calusa's fair share cost obligations for such modified Utilities shall in no event be greater than the actual estimated cost to construct the temporary Utilities as shown on Exhibit "D ", as evidenced by estimates for temporary utility connections (Options 1 and 2) attached hereto as Exhibit "G ". The actual construction of the Utilities as modified by the County shall be the responsibility of the County, and not that of Bent Creek or Calusa. The County shall complete the construction of the Utilities within nine months of providing notice to Bent Creek that the County is modifying the Utilities. (e) Bent Creek shall alse eonvey at tie eest to the C3auntjy the right of way fteeessar-� Sufm:nit Lakes PUD within 90 days ef appfevaj of this PeN,elopef Agreeffien Bent Creek shall also convey at no cost to the County the right -of -way necessary to accommodate the urban collector road section along the eastern boundary of the Summit Lakes PUD, the legal description and sketch of which is attached hereto as Exhibit "E" within ninety days of approval of this Developer Agreement which ninety day period may be extended by the County Manager for good cause shown In addition to providing County a warranty deed to the proposed right -of -way developer shall provide County an attorney's opinion of title to the proposed right-of-way, and shall do all things necessary to secure any partial release of mortgage easement subordination and / or the removal of any lien upon the proposed right -of -way, as determined by County and at no cost to County. Bent Creek shall complete the construction of the Project no later than the earlier to occur of (a) the issuance of the 150a' building permit within the Development; or (b) two years from Bent Creek's commencement of land development (horizontal improvements) at the Development; or (c) one year from the date Bent Creek obtains permits for the Project, unless delays in permitting or delays caused by the County requiring modifications to the Utilities as provided in 5(c) above cause the commencement of the Project to be delayed, in which event the time period to complete construction of the Project shall be extended day- for -day for the number of days in which the any such delays have delayed commencement of the Project. The Project improvements described herein, water management, and the right -of -way conveyance shall not be eligible for road impact fee credits. Bent Creek shall fully cooperate with the County Public Utilities Division in the construction of any modified Utilities once the County Public Utilities Division has fully designed, financed, permitted, and environmentally mitigated the modified plans for the construction of water, wastewater and irrigation quality water facilities within the proposed Tree Farm Road/Woodcrest Drive project limits. In addition, Bent Creek shall connect to the Collier County wastewater system at one point on Woodcrest Drive via one submaster pump station G design with variable frequency drives as approved by County planning and project management staff. (f) As depicted in Replacement Exhibit "B ", Bent Creek will plan for the acceptance of storm water runoff for a two lane urban cross section as shown in Section "A -A" on Exhibit "C" for the Woodcrest Drive right of way from Immokalee Road to Acremaker Road into the Summit Lakes PUD as part of the Environmental Resource Permit modification with the South Florida Water Management District and associated with the future development of the site. The acceptance of the storm water runoff will provide for the water quality treatment and storm water attenuation of the proposed Woodcrest Drive roadway improvements and associated right of way from Immokalee Road south to Acremaker Road. The Woodcrest Drive roadway and utility improvements will be permitted by Bent Creek under separate applications to the appropriate agency with jurisdiction and not as part of any permit applications associated within the Summit Lakes PUD property boundary. Upon Bent Creek's request, the County will be a joint applicant on the permit however; Bent Creek shall be responsible for all permitting and design costs. 6. Bent Creek shall be solely responsible for all costs associated with the design, permitting and construction costs for utilities associated with the Project. No impact fees shall be granted for any of these costs. 7. Bent Creek shall receive Road Impact Fee credits in the amount of $1,105,632.00 as full compensation for the prior and future Right -of -Way purchases as described in paragraph two above. Pr-ejec A copy of the Impact Fee Ledger, setting forth the amount of Impact Fee Credits granted pursuant to this Agreement, is attached as Exhibit "F ". 8. The credit for Road Impact Fees identified herein shall run with the Development and shall be reduced by the entire amount of each Road Impact Fee due for each Building Permit issued thereon until the Development project is either completed or the credits are exhausted or otherwise no longer available, or have been assigned by operation of or pursuant to an assignment agreement with County. The foregoing reduction in the Road Impact Fees shall be calculated based on the amount of the Road Impact Fees in effect at the time the Building Permit is issued. The credits set forth herein shall be applied solely to Road Impact Fees, and shall not offset, diminish or reduce any other charges, fees or other Impact Fees for which Bent Creek, its successors and assigns are responsible in connection with the development of their lands. It is expressly understood that the Impact Fee Credits will be utilized in the order in which the Building Permits are reviewed by the Impact Fee Administration, irrespective of whether Bent Creek assigns all or part of the Development. 9. On June 14, 2011, the Board adopted Ordinance No. 2011 -20, which amended the Consolidated Impact Fee Ordinance to provide that a COA in perpetuity will be issued upon payment of thirty -three percent of the estimated road impact fees. The Road Impact Fee Credit in the amount of $1,105,632.00 surpasses thirty -three 7 percent of the estimated road impact fees based on current rates for 450 single family detached units. Within ninety-days of approval of this Agreement County shall issue to Bent Creek shall -- receive —a Certificate of Adequate Public Facilities ( "Certificate ") vesting the Development to construct 450 single family dwelling units for the purposes of meeting the County's Transportation Concurrency requirements. Final calculation of the remaining road and other impact fees due will be based on the impact fee schedule in effect at the time of the submittal of the building permits and shall be paid in full prior to issuance of each building permit. 10. In the event that upon build -out of the Development the Road Impact Fee Credits are still unspent, the remaining balance of such estimated fees may, at Bent Creek's election (1) be transferred to another approved project within the same, or adjacent transportation impact fee district, provided any vested entitlements associated with the unspent and transferred impact fee credits are relinquished and the Certificate is modified to delete those entitlements, or (2) be promptly returned to Bent Creek. Such reimbursement shall be made over a period of five years from the date of completion of the development as determined by the County subject to annual appropriation by the County. 11. Bent Creek, at its sole cost and expense to permit and contract, may excavate additional material from the County's roadway drainage pond adjacent to the Summit Lakes RPUD. 12. Bent Creek shall be entitled to no more than 30 Certificates of Occupancy each month until the Project is completed. Should the Project be delayed, or if this Agreement is terminated by Bent Creek, Bent Creek shall be entitled to Certificates of Occupancy for no more than one half (1/2) of the units approved until the Project is substantially completed. 13. The Project shall be submitted for review, permitting and inspection through the Collier County Gomffitinity Developffie Engineering Services Department and the Collier County Transportation Right -Of -Way Department. All permit applications will be filed on behalf of the County. Final acceptance shall be consistent with the typical County acceptance process for public roads. 14. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 15. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. Upon giving written notice to the County, Bent Creek may assign all or part of the Road Impact Fee Credits, utilizing the County's then current form of assignment, to successor owners of all of part of the Development, or as otherwise provided for in the Collier County Consolidated Impact Fee Ordinance. 15. Bent Creek acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or its successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 16. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 17. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted hereunder shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: To County: Attn: Nick Casalanguida 2800 N. Horseshoe Drive Naples, Florida 34104 Phone: (239) 252 -6064 Facsimile: (239) To Bent Creek Preserve, LLC: Attn: Robert Stiegele and Jeff Kronengold 825 Coral Ridge Drive Coral Springs, FL 33071 Phone: (954) 344 -8040 Facsimile: (954) 344 -4176 To Calusa Pines Golf Club, LLC: Attn: Chris Johnson 20 North Wacker Drive, #1750 Chicago, IL 60606 Phone: (312) 422 -5466 Facsimile: (312) 422- 0363 Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 18. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Bent Creek shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the other parties, upon request. 0 19. In the event of a dispute under this Agreement, the parties shall first use the County's then - current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. 20. Any future reimbursement for excess credits shall come from future receipts by the County of Road Impact Fees. However, no reimbursement shall be paid until such time as all development, as defined by the County Manager or his designee, at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (5) years from the completion of the Development. 21. An annual review and audit of performance under this Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW 10 C IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA , Deputy Clerk AS TO BENT CREEK: Signed, sealed and delivered in the presence of: Signature Printed Name Signature Printed Name STATE OF FLORIDA COUNTY OF BROWARD FRED COYLE, Chairman BENT CREEK PRESERVE, LLC, f/k/a CENTERLINE HOMES ENTERPRISES THREE, LLC, a Florida limited liability company By: Name: Title: _ The foregoing instrument was acknowledged before me this day of 2012, by , as of Bent Creek Preserve, LLC, 6k/a Centerline Homes Enterprises Three, LLC, a Florida limited liability company, who is personally known to me or has produced as identification. Notary Public My Commission Expires: 11 AS TO CALUSA: Signed, sealed and delivered in the presence of: Signature Printed Name Signature Printed Name STATE OF FLORIDA COUNTY OF COLLIER CALUSA PINES GOLF CLUB, L.L.C., a Florida limited liability company By: Name: Title: The foregoing instrument was acknowledged before me this day of 2012, by , as of Calusa Pines Golf Club, L.L.C., a Florida limited liability company, who is personally known to me or has produced as identification. Approved as to form and legal sufficiency Jeffrey A. Klatzkow, County Attorney Notary Public My Commission Expires: 12 JOINDER OF BANK WELLS FARGO BANK, N.A. ( "Bank ") hereby joins in the foregoing Agreement for the sole purpose of agreeing to the stipulations, provisions, and mutual releases set forth in paragraph 4 thereof. AS TO BANK: WELLS FARGO BANK, N.A. Signed, sealed and delivered in the presence of: Signature Printed Name Signature Printed Name STATE OF FLORIDA COUNTY OF BROWARD By:_ Name: Title: The foregoing instrument was acknowledged before me this day of 2012, by , as Vice President of Wells Fargo Bank, N.A., who is personally known to me or has produced as identification. Notary Public My Commission Expires: 13 LIST OF EXHIBITS ATTACHED TO AGREEMENT Exhibit "A" Master Plan Exhibit `B" Scope of Project Exhibit "C" Typical Road Sections Exhibit "D" Utilities Exhibit `B" Legal Description & Sketch of ROW Conveyance Exhibit "F" Impact Fee Credit Ledger Exhibit "G" Estimates for Temporary Utility Connections (Options 1 and 2) 14 C 3 F 3f SF i� e a i 1; P z� 5 O � m A C OcO 0y 0 r Z m m 2 D A Jill 0 I 0 �P k 5C ZA G L nq $ I a jig _ 11 I i i Al sW F—= — — c '•� � I I I I cziP LL jj a ;m v m 38nnnoR1oJV V � of I Muslim Q 8 m A A $§ F o a FFF4 oZg�� $j '�9 <y 0Z Eli =Sg z y A o o 0 FE A g del ¢ 1 I g A S4 -2 8p� t t + t � iii chi �g LLs 8 m A I! inO - N eASSa 1; P z� 5 O � m A C OcO 0y 0 r Z m m 2 D A Jill 0 I 0 �P k 5C ZA G L nq $ I a jig _ 11 I i i Al sW F—= — — c '•� � I I I I cziP LL jj a ;m v m 38nnnoR1oJV V � of I Q 8 m A A $§ F o a FFF4 oZg�� $j '�9 <y 0Z Eli =Sg z y A o o 0 FE A g del ¢ 1 I g A S4 -2 8p� t t + t � iii chi �g LLs 8 m yy N N N N 1; P z� 5 O � m A C OcO 0y 0 r Z m m 2 D A Jill 0 I 0 �P k 5C ZA G L nq $ I a jig _ 11 I i i Al sW F—= — — c '•� � I I I I cziP LL jj a ;m v m 38nnnoR1oJV V � of l IA I� I� f £ EXHIBIT "A" AULUSr 2006 � a .ES 26E _ 1� «TA�,C. 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A r°n 2 M z ca' -, ►C a n W A o z c� 0 .: m °� N 0 W E Z pC O m LWATERWAYS JOINT VENTURE V N S TAX PARCEL 1.0 26 -48 -26 m m CALUSA PINES OR 3408/2611 O TAX PARCEL 4.0 25 -48 -26 !O i OR 2726/1729 J � O � N _ O W W (0 (P W LINE TABLE 35' LINE BEARING LENGTH L1 S89'5W40'W 35.03' L2 S8959'07 "E 35.03' L3 N89'59'21'W 30.03' L4 SOT 19'44'E 267.80' L3 LS 589'S8'28'E 30.03' WATERWAYS JOINT VENTURE V TAX PARCEL 15.0 26 -48 -26 OR 3494/801 L5 POINT OF Z (f) BEGINNING N N � EAST 1/4 CORNER SECTION 26 O? 00 WATERWAYS JOINT VENTURE V C.I U4 Z TAX PARCEL 8.0 26 -48 -26 .P -p-m OR 3494/799 I*1 m ® 7- PROPOSED RIGHT OF WAY rn z .A 90 OR OFFICIAL RECORD BOOK /PAGE W 35' LEGAL DESCRIPTION FOR PARCEL 109 1 A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER (1/4) CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE S.02'18'34 "E. ALONG THE EAST LINE OF SAID SECTION 26, FOR 668.73 FEET TO THE SOUTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 3494, PAGE 799, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S.89'59'40 "W. ALONG THE SOUTH LINE OF SAID PARCEL, FOR 35.03 FEET; THENCE N.02'18'34 "W. ALONG A LINE LYING 35.00 FEET WESTERLY OF AND PARALLEL TO THE EAST LINE OF SAID SECTION 26, FOR 667.31 FEET; THENCE N.02'19'44"W. ALONG A LINE LYING 35.00 FEET WESTERLY OF AND PARALLEL TO SAID EAST LINE, FOR 1,339.53 FEET TO A POINT ON THE NORTH LINE OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 3408, PAGE 2611, OF SAID PUBLIC RECORDS; THENCE S.89'59'07 "E. ALONG SAID NORTH LINE, FOR 35.03 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 26; THENCE 5.02'19'44 "E. ALONG SAID EAST LINE, FOR 1,070.29 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE N.89059'21"W. ALONG THE SOUTH LINE OF SAID PARCEL, FOR 30.03 FEET TO THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 3494, PAGE 801, OF SAID PUBLIC RECORDS; THENCE 5.02'19'44 "E. ALONG THE EAST LINE OF SAID PARCEL, FOR 267.80 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL AND A POINT ON THE NORTH LINE OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 3494, PAGE 799, OF SAID PUBLIC RECORDS; THENCE S.89'58'28 "E. ALONG SAID NORTH LINE, FOR 30.03 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. CONTAINING 62,205 SQUARE FEET OR 1.43 ACRES, MORE OR LESS. 0 150 900 600 Ely: SKETCH & DESCRIPTION ONLY FLORIDA FLRI REMST�RATION CCERI CATTESNO.55526 MAPPER NOT A BOUNDARY SURVEY SCALE: 1' =300' SIGM40 DATE- FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMINSSIONERS NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER WOODCREST DRIVE 1?«7A" SKETCH & DESCRIPTION OF: PROPOSED RIGHT -OF -WAY CONSULTING Civil F -&eetI i \ v TL 1 smwyiog & Melmg PARCEL 109 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 COLLIER COUNTY, FLORIDA Phone: (239) 597 -0575 FAX: (239) 597 -0578 LB No.: 6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 030008.00.06 0001 26 48S 26E 1" = 300' 05 10 07 PTN SK 109 1 OF 1 EXHIBIT F DEVELOPER CONTRIBUTION AGREEMENT ROAD IMPACT FEE CREDIT LEDGER Impact fee ledger Beginning Balancel $1,105,632.001 DATE PERMIT # CREDIT AMT BALANCE COMMENTS Beginning Balance $1,105,632.00 DIX A INC Planning Visualization C 0 N S L? LT 1 N G Civil Engineering .Z %. T VA. 1 Surveying & Mapping TEMPORARY BENT CREEK OFFSITE UTILITY CONNECTIONS OPTIONS Forcemain OPTION #1 Force Main Sub -Total FM Option #1 $120,036.25 With 10% Contingency $132,039.88 Assumptions 1. Assumes each option is standalone, therefore each option has Mobilization, MOT etc. 2. Assumes 6" FM, preliminary design has not been completed therefore this size could vary. 0:\2003 \030008.05.03 Bent Creek - Utility Coordination \0001 Offsite Utility Connection Options\2012 -04 -23 Temporary Bent Creek Utility Options OPC Rev.xls 1 of 2 UNIT I QUANTITY I U T COST I TOTAL Mobilization LS 1 $4,000.00 $4,000.00 M.O.T. LS 1 $3,500.00 $3,500.00 Staked Silt Fence LF 1,913 $1.25 $2,391.25 Floating Turbidity Barrier LF 100 $18.50 $1,850.00 Misc. Clearing & Removal LS 1 $2,000.00 $2,000.00 F.M. Hot Tap (16 "x6 ") & Tie -in EA 1 $3,500.00 $3,500.00 6" Directional Drill under Immokalee & Canal, 50 taper from 20' Depth to Yon Quarry LF 300 $150.00 $45,000.00 6" HDPE Carrier Pipe LF 300 $22.00 $6,600.00 Connection from HDPE to PVC EA 2 $500.00 $1,000.00 Install 6" PVC F.M., (1275' Woodcrest Drive, 638' along Quarry Drive) LF 1,913 $15.00 $28,695.00 6" Plug Valves, F.M. EA 4 $1,500.00 $6,000.00 A.R.V. for F. M. EA 2 $1,500.00 $3,000.00 i� Fine Grading Area for Sod SY 2,500 $0.50 $1,250.00 Sodding, Bahia SY 2,500 $1.50 $3,750.00 Landscape Allowance LS 1 $7,500.00 $7,500.00 Sub -Total FM Option #1 $120,036.25 With 10% Contingency $132,039.88 Assumptions 1. Assumes each option is standalone, therefore each option has Mobilization, MOT etc. 2. Assumes 6" FM, preliminary design has not been completed therefore this size could vary. 0:\2003 \030008.05.03 Bent Creek - Utility Coordination \0001 Offsite Utility Connection Options\2012 -04 -23 Temporary Bent Creek Utility Options OPC Rev.xls 1 of 2 1NC. Plann DIVA V uali ation C O N S U 1_..'T' 1 N G Civil Engineering JL %t T T 1 Surveying & Mapping TEMPORARY BENT CREEK OFFSITE UTILITY CONNECTIONS OPTIONS Forcemain OPTION #2 Force Main Sub -Total FM Option #2 With 10% Contingency Assumptions 1. Assumes each option is standalone, therefore each option has Mobilization, MOT etc. Cost savings when two options will be combined 2. Assumes 6" FM, preliminary design has not been completed therefore this size could vary. $117,462.50 $1 ,2 75 0:\2003 \030008.05.03 Bent Creek - Utility Coordination\0001 Offsite Utility Connection Options\2012 -04 -23 Temporary Bent Creek Utility Options OPC Rev.xls 2 of 2 I UNIT I QUANTITY I UNIT COST I 1'O'1'AL I Mobilization LS 1 $4,000.00 $4,000.00 M.O.T. LS 1 $3,000.00 $3,000.00 Staked Silt Fence LF 1,970 $1.25 $2,462.50 Floating Turbdity Barrier LF 100 $18.50 $1,850.00 Misc. Clearing & Removals LS 1 $3,300.00 $3,300.00 F.M. Hot Tap (16 "x6 ") LS 1 $3,500.00 $3,500.00 6 "Drectional Drill under hnmokalee & Canal, 50 taper from 20' Depth to 3' by Drive LF 300 $150.00 $45,000.00 6" HDPE Carrier Pipe LF 300 $22.00 $6,600.00 Connection from HDPE to PVC EA 2 $500.00 $1,000.00 Install 6" PVC F.M. (1275' Woodcrest Dr., 600' West on Immokalee Rd., 95' to Limestone LF 1,970 $15.00 $29,550.00 Trail) 6" Plug Valves LF 4 $1,500.00 $6,000.00 A.R.V. for F.M. EA 2 $1,500.00 $3,000.00 Fine Grading for Sod SY 2,600 $0.50 $1,300.00 Sodding, Bahia SY 2,600 $1.50 $3,900.00 Landscape Allowance LS 1 $3,000.00 $3,000.00 Sub -Total FM Option #2 With 10% Contingency Assumptions 1. Assumes each option is standalone, therefore each option has Mobilization, MOT etc. Cost savings when two options will be combined 2. Assumes 6" FM, preliminary design has not been completed therefore this size could vary. $117,462.50 $1 ,2 75 0:\2003 \030008.05.03 Bent Creek - Utility Coordination\0001 Offsite Utility Connection Options\2012 -04 -23 Temporary Bent Creek Utility Options OPC Rev.xls 2 of 2 BENT CREEK PRESERVE le w STA 352 +1{ BEGIN ASPHALT 336 +40 BEGIN FULL > � ROADWAY ROADWAY PAVEMENT w w w PROJECT +/ 33D LF SECTION m �? AND PATHWAY AND LF +/ 639 LF + 77777777777777= 33 X40 345. 350 TREE FARM ROAD - WOODCREST DRIVE > Scale Co erC y U PROPOSED IMPROVEMENTS Norm CH2MHILL 10"\ AGENDA ITEM 9 -13 This item has been continued from the May 17, 2012 CCPC meeting. This item will be heard first as an Advertised Public Hearing under agenda item 9A then will be heard as Consent immediately following as agenda item 9B: PUDA- PL20110001497: Bent Creek Preserve RPUD -- 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 the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps for a project previously known as the Summit Lakes Residential Planned Unit Development (RPUD) which is henceforth to be known as the Bent Creek Preserve RPUD, to allow construction of a maximum of 450 residential dwelling units on property located approximately one - half mile east of the intersection of Collier Boulevard (C.R. 951) and Immokalee Road (C.R. 846) in Section 26, Township 48 South, Range 26 East, Collier County, Florida, consisting of 138.4 +/- acres; providing for the repeal of Ordinance Number 06 -62, the Summit Lakes RPUD; and by providing an effective date. [Coordinator: Kay Deselem, AICP, Principal Planner] AGENDA ITEM 9 -C Co �er County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: JUNE 7, 2012 SUBJECT: PUDA- PI.2011 -1168, NAPLES RESERVE RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT) APPLICANT: SFI Naples Reserve, LLC 2727 East Imperial Way Brea, CA 92821 -6713 REQUESTED ACTION: AGENTS: Mr. Dwight Nadeau, AICP RWA, Inc. 6610 Willow Park Drive, Suite 200 Naples, FL 34109 Mr. Richard D. Yovanovich Goodlette, Coleman and Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 The petitioner requests that the Collier County Planning Commission (CCPC) consider an amendment to the Naples Reserve Golf Club Residential Planned Unit Development (RPUD), to remove a golf course from the RPUD; to provide for amendments to permitted uses; to provide for amendments to development standards; to provide for amendments to master plan; to provide for amendments to list of requested deviations from LDC (Collier County Land Development Code); to provide for amendments to list of developer commitments; and to provide an effective date. Naples Reserve PUD, PUDA- PL2011 -1168 May 22, 2012 Page 1 of 20 < < a m� avoa AVMN33a9 z O wQ 00 2 w — F _ ¢ W U 0 IL O .9 J a a o J 5� Q D'c O w qi 613 2.N W :a :.:.:.:. :.:..................: .:.: z,;,;;;;;;;;;;;;;;;;, ;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;, a3 a 8 .. .... 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'% T QI1d�T NV7d YJI SVJIV (M(2W 2-02111=- ONLLIMSMOO wrw � V1 Yll1 anlasad sald�� °� -•, � °°°°��„ • X77 �n}I�S�NS37d6x ss , ae mory 4 �w 'Lus AIL - - , Od0 AtlMN33tYJ �� I wu�ss � w� l�aaaann3own Avwaaro a sswa�� wonM •Iau /one Currently approved Master Plan 2 a� e� J e 3B a 3� t i X� ji5 sg F 5� (d( � °n t —�— M 3 w J ,SS M p Z 0 a gg 4 LLJ U) •L 0 2 e - i b x (n ° SH YGY 5 Q cf) - w w —: " w w'•' NJ ZU; D a LJ LJ �W� cn m °Z a € ao j U 51 W U F Cn J W ap Q"g &�qw` Y NI g$g�wze `C U o U n\ aR wo�z�ua IT, 9SS== - 3 3 a�- R J U yy O o�opoom d 'w�aca�o� x � � E 'Lus AIL - - , Od0 AtlMN33tYJ �� I wu�ss � w� l�aaaann3own Avwaaro a sswa�� wonM •Iau /one Currently approved Master Plan 2 a� e� J e 3B a 3� t i X� ji5 sg F 5� (d( � °n t —�— M GEOGRAPHIC LOCATION: The subject 688± acre PUD (Planned Unit Development) is located approximately one mile north of Tamiami Trail East (US -41) and 1.3 miles east of Collier Boulevard (CR -951) in Section 1, Township 51 South, Range 26 East, Collier County, Florida. (See the location map on the previous page.) PURPOSE/DESCRIPTION OF PROJECT: The Naples Reserve RPUD project was approved in Ordinance Number 07 -71 on November 13, 2007. (Please see Attachment B: Ordinance number 07 -71.) The petitioner is seeking to remove the golf course, all related golf course uses, and revise the internal layout of the development without any changes to the boundaries of the Preserve Tract. The Project does not propose to increase the approved density. There are refinements to development standards for land uses proposed in recreation areas to improve compatibility with future residences. The Project provides for the following: • 1,154 residential dwelling units • 63.7 acres of Preservation Open Space, including 87± acres of stormwater management lakes, approximately 74± acres of recreation lakes, and three areas intended for community recreation and social space identified as Recreation Areas on the RPUD Master Plan, Exhibit C of the RPUD Ordinance Exhibits. Other recreation areas containing buildings and facilities may be developed in Residential Tract R, subject to compliance with the same development standards for Tract RA as contained in Exhibit B of the RPUD Ordinance Exhibits. According to the petitioner, the proposed Project will allow for the full range of residential land uses. It is currently intended to be developed primarily with single - family homes, with the potential of having some multi- family land uses. The residences will be oriented around an expansive lake system that has been specifically designed to provide for recreation as well as for stormwater management. The petitioner seeks to repeal Ordinance number 07 -71 by adopting a new Ordinance allowing the changes noted previously. The petitioner is also revising the property development standards as explained later in this report, the removal of an earlier affordable housing payment commitment, and the approval of two deviations that have been revised slightly from the 2007 zoning action. The Master Plan for the proposed amendment depicts generalized areas of development and traffic circulation. SURROUNDING LAND USE AND ZONING: North: Picayune Strand State Forest, with a zoning designation of Agriculture (A) East: Agriculture and disturbed lands with a zoning designation of Agriculture (A) Naples Reserve PUD, PUDA- PL2011 -1168 May 22, 2012 Page 5 of 20 South: Preserve areas within a residential development, vacant land and then agriculture, with a zoning designation of Walnut Lakes PUD and Agriculture (A). West: Residential development with a zoning designation of Winding Cypress DRI (Development of Regional Impact) AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element: The subject project straddles two land use designations: 310.94± acres is designated Urban (Urban-Mixed Use District, Residential Fringe Subdistrict) and the remaining 377.12± acres is designated Agricultural/Rural (Rural Fringe Mixed Use District, Receiving Lands), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Urban Residential Fringe Subdistrict permits residential development at a maximum density of 1.5 Dwelling Units per Acre (DU /A) or up to 2.5 DU /A via the transfer of up to 1 DU /A from lands designated as Rural Fringe Mixed Use District, Sending. The base residential density allowable for designated Receiving Lands is one unit per five gross acres, with a maximum density of one unit per gross acre achievable through the Transfer of Development Rights (TDR) process. Naples Reserve PUD, PUDA- PL2011 -1168 May 22, 2012 Page 6 of 20 The Naples Reserve Golf Club RPUD was approved on June 8, 1999 by Ordinance number 99 -42, and deemed consistent with the GMP. An extension of the PUD was later granted through Resolution number 04 -219. The Naples Reserve Golf Club RPUD was subsequently amended on November 13, 2007 by Ordinance number 07 -71, and deemed consistent with the GMP. The subject PUD is eligible for a maximum gross density of 2.5 DU /A or 777 DUs (dwelling units) for that portion of the project located within the Urban (Urban-Mixed Use District, Residential Fringe Subdistrict) designated area; and the portion of the project located within the Agricultural/Rural designation is eligible for a density of 1 DU /A or 377 DUs. (TDRs from lands designated Sending are required in order to achieve these maximum densities.) The approved Ordinance allows a maximum of 1154 DUs or 1.67 DU /A, of which a minimum of 612 TDR credits shall be obtained in order to achieve the allowed maximum density. Relevant GMP provisions and policies are stated below (in italics); each policy is followed by staff analysis (in bold). Policy 2.2. of the Public School Facilities Element (PSFE) "The County shall consider the following residential uses exempt from the requirements of school concurrency: "... "C. Any amendment to any previously approved residential development order that does not increase the number of dwelling units or change the dwelling unit type (e.g. single - family to multi family). " (The proposed amendment does not increase the number of dwelling units or change the dwelling unit type. Therefore, the proposed PUD amendment is exempt from the requirements of school concurrency.) OBJECTIVE 1 of the Housing Element (HE) "The number of new affordable - workforce housing units shall increase by at least fifteen percent of the units approved to be built in the County per year, but not less than 1, 000 units per year averaged over a five-year period in an effort to continue meeting the current and future housing needs of legal residents with very -low, low and moderate incomes, including households with special needs such as rural and farmworker housing in rural Collier County. " (Staff notes that based upon a recent compilation of existing restricted units (restricted by regulatory requirements, e.g. Affordable Housing Agreement) prepared for the Evaluation and Appraisal Report (EAR) using best available data, the County currently has an inventory of 7,649 (plus 3,864 units approved but not yet built) restricted affordable housing units. The proposed amendment seeks to eliminate the financial commitment to the Collier County Affordable Housing Trust Fund. Staff notes that the affordable housing County's inventory will be impacted by the proposed amendment. Staff acknowledges that the Evaluation and Appraisal Report -based GMP amendments may lessen or eliminate the figure in the Objective. Staff also acknowledges that due to current economic conditions, including drop in housing prices, there is a perception that there is no longer a need for affordable housing as market rate housing is now affordable. However, staff is concerned that there remains a need for affordable housing for those at the low and very low income levels.) FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Please refer to the Zoning and Land Development Revise section of this Staff Report for a review of the petition request. Naples Reserve PUD, PUDA- PL2011 -1168 May 22, 2012 Page 7 of 20 Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network currently has insufficient capacity to accommodate this project within the build -out planning period extended to 2019, in the current roadway condition. However, pre - payment of impact fees is proposed through a companion DCA (Developers Contribution Agreement) (See Attachment E) , which provides mitigation deemed `sufficient' for the project to be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). The pre - payment of impact fees is anticipated to provide additional seed funding to initiate Tamiami Trail East improvements that are proposed under the current FDOT (Florida Department of Transportation) work program. Tamiami Trail East (US -41) Impacts: The first concurrency link that is impacted by this project is Link 95.0, Tamiami Trail East (US- 41) between Collier Boulevard (CR -951) and San Marco Drive (CR -92). The project generates 522 net new p.m. peak hour, peak direction trips, which represents a Significant and Adverse impact of 48.6% by the project build -out anticipated in 2019. This segment of Tamiami Trail East (US -41) currently has a remaining capacity of 93 trips, and is currently at Level of Service "C" (LOS "C ") as reflected by the 2011 AUIR (Annual Update Inventory Report). As a result of the significant and adverse impact, mitigation measures are required. The applicant is working with FDOT and Collier County to support the widening of this road though the r�e- a ment of a substantial portion of Naples Reserve's transportation impact fees, which are defined in a companion Developers Contribution Agreement (DCA). (See Attachment E.) Previous developer commitments that were conditions of the original PUD largely remain unaffected, and continue to be contributing factors to the mitigation measures used to find consistency with Policy 5.1 of the Transportation Element. Operational Notes: When analyzing 2019 p.m. peak (project build -out) conditions, there are operational concerns at the intersection of Tamiami Trail East (US -41) and Naples Reserve Boulevard. Under existing geometric conditions, the turn lanes at the intersection of Tamiami Trail East (US- 41) at Naples Reserve Boulevard are anticipated to operate at an acceptable level of service for some time. Collier County Transportation Staff will monitor the need for signal warrants and turn lane extensions as the development proceeds through the multiple Plan and Plat phases. Once the development indicates that the intersection or turn lanes are anticipated to operate below the minimum acceptable Level of Service (LOS) for turning movements, turn lane extension shall be required. When signalization warrants are met, the appropriate signalization will be required. All signalization or turn lane extension at this intersection will be coordinated with Collier County and shall be at the discretion of FDOT District 1 permitting authority. If at all possible, intersection improvements are recommended to occur in conjunction with (or subsequent to) the Tamiami Trail East (US -41) widening to six -lanes. Naples Reserve PUD, PUDA- PL2011 -1168 May 22, 2012 Page 8 of 20 Conservation and Coastal Management Element (COME): Environmental Services Staff reviewed this petition and determined that the proposed amendment to be consistent with the Conservation & Coastal Management Element (CCME). Based upon the above analysis, Comprehensive Planning staff finds the proposed petition request consistent with the FLUE. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings "), and Subsection 10.03.05.I, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings "), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Services Staff reviewed this petition and determined that the proposed amendment will not have any impact on environmental issues. Similarly, the Environmental Advisory Council did not review this petition because the proposed changes do not have any impact on environmental issues. Transportation Review: Transportation Division staff has reviewed this petition and recommends approval subject to the adoption of the Transportation Development Commitments provided in Exhibit F of the attached PUD Ordinance. Utility Review: The Utilities Department Staff has reviewed this petition and recommends the following: The owner shall reserve four areas to potentially be dedicated to the Collier County Water -Sewer District for raw water well easements with dimensions of 100 -foot by 100 -foot each, along with utility /access easements that shall be 20 feet wide, or less if the well site is contiguous to a public right -of -way. The approximate locations of these four proposed easements are depicted on the proposed Master Plan. One of these four wells may be used as a test well and converted to a production well. The test well will not be converted into a production well until the water management lakes proposed near the test well are constructed in accordance with the 50 foot setback standard. No additional production wells will be installed until the project's water management lakes have been constructed or the year 2027, whichever is earlier. Upon request of the Collier County Water- Sewer District, the owner shall convey to the Collier County Water- Sewer District the requested utility /access easements and raw water well easements within 60 days, free and clear of all liens and encumbrances. The Collier County Water- Sewer District shall pay the owner $15,930 per acre for those easements that are conveyed to the Collier County Water- Sewer District. If all or some of the conveyances have not been requested by the Naples Reserve PUD, PUDA- PL2011 -1168 May 22, 2012 Page 9 of 20 Collier County Water- Sewer District at the earlier of Site Development Plan ( "SDP ") and/or final construction plans and plat ( "PPL ") approval or within six years of approval of this Ordinance, then the reserved areas shall be deemed released. At the time of the SDP and/or PPL submittal, the owner shall show the well site reservations applicable to the area within the SDP and/or plat. During the review of the SDP and/or PPL, the Collier County Water- Sewer District shall decide at that time whether it will request the dedication of the utility /access easement. Failure to request the utility /access easement shall be deemed a release of the utility /access easement and the final SDP and/or PPL shall be approved without the utility /access easement. This recommended language has been incorporated into Utilities Engineering Item A in Exhibit F: List of Developer Commitments. Zoning and Land Development Review: Relationship to Existing and Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be permitted if the proposed zoning action is approved, as it relates to the requirement or limitations set forth in the FLUE of the GMP. The proposed change as noted previously is to remove a golf course and all related golf course uses; revise the internal layout of the development; reduce the total acreage for the Residential areas; increase the total acreage of the Recreational areas of the PUD; and eliminate the financial contribution commitment towards affordable housing. No changes to the approved maximum density are being proposed as part of this amendment request. Along with minor grammatical changes, the specific revisions are listed below along with some Staff Comments written in italics to offer clarification: 1. Decrease residential acreage area from 609.2 acres to 592.8acres. 2. Increase recreation acreage area from 15.2 acres to 31.6 acres. Remove "Golf courses and related facilities" from Permitted Uses. Staff comment: Acknowledged and accepted as the primary purpose of this PUD amendment is to remove the golf course and related facilities. 4. "Commercial excavation" language has been revised in the list of Permitted Uses. The currently approved language states: "Commercial excavations — surplus fill material generated by commercial excavation depths may be transported off -site only for use in the US -41 improvement project associated with this zoning approval." Staff comment: The proposed language in the PUD Ordinance states: "Commercial excavations (subject to Exhibit F: List of Developer Commitments, Transportation Item D);" 5. A reference to Deviation number 2 has been added to the Signs referenced in Exhibit B Development Standards. Staff comment: Please see the Deviation Discussion section of this Staff Report for further information. Naples Reserve PUD, PUDA- PL2011 -1168 May 22, 2012 Page 10 of 20 6. Residential Development Standards for Clubhouse/Recreation Building front, side and rear yards have been added along with a minimum distance between structures. 7. The minimum lot area for single - family detached and patio home and villas has been increased from 2,250 s.f. per unit to 6,000 and 5,000 per unit, respectively. 8. Development Standards Note number 3 has been removed. It stated: "The LDC standards for cluster residential design, as set forth in the Rural Fringe Mixed Use District, shall apply to residential land uses within this RPUD........" Staff comment: Acknowledged and accepted. This standard is redundant with LDC requirements and does not need to be restated in the PUD. 9. Development Standards Note number 6 has been removed. It stated: "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 load garages, wherein a parking area 23 feet in depth must be provided perpendicular to the sidewalk to avoid vehicles being parked across a portion, or all of the referenced sidewalk. A new note stating "Residences with side loaded garages may have a minimum of 15 -foot front yard" has been added. Staff Comment: Staff acknowledges and accepts the new note as a minimum of 23 — foot clearance between the garage and sidewalk can still be maintained with a side loaded garage in a 15 foot front yard setback. 10. Deviation numbers 1, 2 and 4 have been removed with this amendment as they are no longer needed. 11. Deviation number 1 has been revised to allow a maximum 15 model homes instead of 10. Please see the Deviation Discussion section of this Staff Report for further information. 12. Deviation number 2 has been added. Please see the Deviation Discussion section of this Staff Report for further information. 13. Transportation Developer Commitments A thru F have been removed as they are redundant with the LDC. 14. Utilities and Engineering Commitment A has been revised. It stated: "The developer shall reserve four areas to be dedicated to Collier County Water & Sewer District for raw water well easements with dimensions 100 -foot by 100 -foot each, and utility /access easements that shall be 20 feet wide unless the well site is contiguous to a public right of way. The approximate locations of these proposed easements are depicted on the RPUD Master Plan. The dedication shall occur at the time of site development plan, or fmal plat approval for the area within the development phase that contains the respective well sites. Naples Reserve PUD, PUDA- PL2011 -1168 May 22, 2012 Page 11 of 20 At the time of the SDP (Site Development Plan) and/or plat submittal, the developer shall provide the well site easements that meet the standard setback requirements for water wells. If the surface water management lakes for the subdivision are installed prior to the installation of production wells for the SERWTP Wellfield, anticipated for 2012, a setback of 50 feet shall be required. If the surface water management lakes are installed after the production wells, a 300 -foot setback shall be required. The County has further requested a test well at one of the proposed well sites. The County agrees that the desired test well will not be converted into a production well until the water management lake proposed near the test well is constructed in accordance with the 50 -foot setback standard. No additional production wells will be installed until the project's water management lakes have been constructed or the year 2012, whichever is earlier." Staff comment: Revised language regarding the well sites has been provided. Please see Utilities Engineering Commitment A in Exhibit F: List of Developer Commitments. 15. Planning Developer Commitment A has been removed. It stated: "One TDR credit shall be required for every five (5) gross acres of RFMUD land area utilized as part of the golf course, including the clubhouse area, rough, fairways, greens, and lakes, but excluding any area dedicated as conservation that is non - irrigated and retained in a natural state." Staff comment: Acknowledged and accepted as the purpose of this PUD amendment is to remove the golf course and related facilities. 16. Planning Developer Commitment C regarding contribution to the Affordable Housing Trust Fund has been removed. Staff comment: Acknowledged and accepted as the current housing market provides affordable housing opportunities. 17. Proposed Planning Commitment B has been added to address the Managing Entity responsibilities. Staff comment: Staff requested that this commitment be added. 18. Proposed Transportation Commitment D has been added to "Exhibit F: List of Developer Commitments." It states: "Excavated material in an amount up to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated may be removed from the development with no prohibition as to the destination of the material. Excavated material in excess of up to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated, may be removed from the development and be transported off - site only for use in the US -41 roadway widening project from the intersection of US 41 and Collier Boulevard to the intersection of US 41 and CR 92, and subject to the excavation provisions from the Code of Ordinances as may be amended, however the following paragraph will continue to apply: Naples Reserve PUD, PUDA- PL2011 -1168 May 22, 2012 Page 12 of 20 "Issuance of commercial excavation permits. Applications for commercial excavation permits shall be reviewed by the community development and environmental services administrator, or his designee, and by the environmental advisory council for recommendation and approved by the board. When a request is made to remove surplus fill material from a previously approved development excavation, the requirement for review by the environmental advisory council shall be waved, but dependent on haul route and amount of fill to be hauled, staff may require approval by Collier County Planning Commission. "" Staff comment: The commitment is to allow the off -site removal of fill in excess of ten percent and 20, 000 cubic yards for the construction of intersection improvements at US -41 and Collier Boulevard and the US -41 roadway widening from Collier Boulevard (CR 951) to San Marco Road (CR 92 1. There will be a benefit to the public in that fill for the roadway projects would not be hauled from throughout the county. [underlining added for emphasis] Staff supports this commitment and recommends that this commitment is moved from Planning Commitments and placed under the Transportation Commitments. For further information, please see Attachment D: Excavation Ordinance, and Attachment E: DCA (Developer's Contribution Agreement). This PUD amendment does not propose any changes that would affect environmental, buffer, or drainage issues. Two deviations from the Collier County Land Development Code (LDC) are being sought with this amendment. Please see the Deviation Discussion section of this Staff Report for further information. PUD FINDINGS: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria:" 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The development to the south, Walnut Lakes PUD (aka Reflection Lakes) is developed with a mix of multi - family and single - family dwellings. The proposed single - family and multi- family uses of this project will be compatible with the existing residential uses. This development is located off of Naples Reserve Boulevard, a local roadway, with access to US -41 (Tamiami Trail East) a principal arterial roadway. The petitioner has committed to several transportation- related improvements, as previously noted above and incorporated into "Exhibit F: List of Developer Commitments" of the RPUD ordinance. The project Naples Reserve PUD, PUDA- PL2011 -1168 May 22, 2012 Page 13 of 20 would also be required to comply with County regulations regarding drainage, sewer, water and other utilities. Therefore, the site is suitable for the proposed development. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The currently approved development, landscaping and buffering standards were determined to be compatible with the adjacent uses and with the use mixture within the project itself when the PUD was approved. Staff believes that this amendment will not change the project's compatibility, both internally and externally, with the proposed re- allocation of residential dwelling units. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The existing open space set aside for this project meets the minimum requirement of the LDC. 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Currently, the roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., the GMP is consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. In addition, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. Naples Reserve PUD, PUDA- PL2011 -1168 May 22, 2012 Page 14 of 20 7. The ability of the subject property and of surrounding areas to accommodate expansion. This proposed PUD Amendment will not adversely impact the previous BCC finding that the subject property and surrounding areas can accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking two deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff believes that one of the two deviations proposed can be supported, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the elements may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.13.5.11, the petitioner has demonstrated that the deviations are "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Please refer to the Deviation Discussion portion of the staff report for a more extensive examination of the deviations. REZONE FINDINGS: LDC Subsection 10.03.05.I. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." (Staff's responses to these criteria are provided in non -bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning Department has indicated that the proposed PUD amendment is consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). 2. The existing land use pattern. This amendment will not affect the existing land use pattern. The existing land use pattern will remain the same. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Not applicable. The districts are existing and established. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Naples Reserve PUD, PUDA- PL2011 -1168 May 22, 2012 Page 15 of 20 Not applicable. The districts are existing and established. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed change is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to remove a golf course and all related golf course uses. 6 Whether the proposed change will adversely influence living conditions in the neighborhood. The amendment will not add more dwelling units, but will only allow for the removal of a golf course and all related golf course uses. Therefore, Staff is of the opinion that the proposed change will not adversely impact the living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed amendment will not adversely impact traffic circulation. 8. Whether the proposed change will create a drainage problem. The proposed amendment will not affect drainage. Furthermore, the residential sites are subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. If this petition were approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. This project's property development regulations do not indicate that exceedingly tall structures (zoned building height is 35 feet for residential development and 40 feet for the clubhouse) would be included in the project; therefore the project should not significantly reduce light and air to adjacent areas; thus the development proposed, if approved, should not negatively affect light and air permeation into adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this PUD amendment will not adversely impact property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Naples Reserve PUD, PUDA- PL2011 -1168 May 22, 2012 Page 16 of 20 Properties around this property are already partially developed. The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and /or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed PUD amendment does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The property already has a PUD zoning designation and could be developed within the parameters of that zoning ordinance; however, the petitioner is seeking this amendment in compliance with LDC provisions for such amendments. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed rezone meets the intent of the PUD district and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Staff is of the opinion that the proposed PUD amendment is not out of scale with the needs of the neighborhood. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a PUD amendment. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. 16 The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD document would require site alteration and these residential sites will undergo evaluation relative to all federal, state, and local development regulations during the building permit process. Naples Reserve PUD, PUDA- PL2011 -1168 May 22, 2012 Page 17 of 20 r 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The development will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities for and the project. It must be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that no Level of Service will be adversely impacted. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety and welfare. To be determined by the BCC during its advertised public hearing. Deviation Discussion: The petitioner is seeking two deviations from the requirements of the LDC. The deviations are found in PUD Exhibit E "List of Requested Deviations from the LDC." Deviation # 1 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 project. The number of model homes may exceed five for each phase or community within the project, but shall not exceed a total of 15. Petitioner's Rationale: There are three distinct communities within the Naples Reserve RPUD, and the developer seeks five models that are representative of each community, for a total of fifteen models. Staff Analysis and Recommendation: This deviation was previously pproved in the 2007 zoning action when the request was for 10 model homes now the request is for 15 model homes Zoning and Land Development Review staff recommends approval finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.13.51, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #2 seeks relief from LDC Section 5.06.02 13.6. that allows ground/residential entrance signage only on -site within residential zoning districts, to allow ground/residential entrance signage outside of the residential zoning district that the signage will serve. This off -site ground/residential entrance signage shall be permitted in close proximity to the US -41 right -of- way within the Walnut Lakes PUD. This deviation may only be implemented upon such signage being allowed by the Walnut Lakes PUD. Petitioner's Rationale: This deviation will allow ground/residential entrance signage outside of the residential zoning district that the signage will serve. This off -site ground/residential entrance signage shall be permitted in close proximity to the US -41 Right -of -Way within the Walnut Lakes PUD. The Naples Reserve RPUD is located approximately 1/3 of one mile north of the intersection Naples Reserve PUD, PUDA- PL2011 -1168 May 22, 2012 Page 18 of 20 of Naples Reserve Boulevard and US -41. In an effort to appropriately identify the Naples Reserve development to the public traveling on US -41, the signage permitted by said section of the LDC should be allowed to be proximate to the US -41 Right -of Way in accordance with the locational development standards of the LDC. The off -site, ground/residential signage shall be limited in height and sign area as restricted by LDC Section 5.06.02 B.6. This deviation may only be implemented upon such signage being allowed by the Walnut Lakes PUD. Staff Analysis and Recommendation: This deviation was approved in the previous zoning action. However, Staff notes that this deviation was approved in error. A deviation can only be sought on property that one owns. In this case, the site of the off -site signage is not located within Naples Reserve PUD, but within the Walnut Lakes PUD. An amendment would have to be requested for the Walnut Lakes PUD, not the Naples Reserve RPUD. Therefore Staff recommends denial and removal of Deviation number 2 from the PUD document. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant duly noticed and held the required meeting on December 6, 2011 at 5:30 p.m. at the Edison College Campus Auditorium. Approximately 2 people from the community along with the applicant, agent and County Staff attended the meeting. For further information please see Attachment C, "Naples Reserve Neighborhood Information Meeting" (NIM) synopsis prepared by the applicant. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office has reviewed the staff report for Petition PUDA- PL2011 -1168, revised on May 18, 2012. RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDA- PL2011 -1168 to the Board of County Commissioners with a recommendation of approval of this amendment subject to the following condition of approval: 1. Deviation # 2 shall be removed from the PUD document. Attachments: A. Ordinance B. Ordinance number 07 -71 C. NIM Synopsis D. Excavation Ordinance E. DCA Agreement Naples Reserve PUD, PUDA- PL2011 -1168 May 22, 2012 Page 19 of 20 PREPARED BY: aq'v z� 6'k NANCY G LA , AICP, PRINCIPAL PLANNER DEPARTME O LAND DEVELOPMENT SERVICES REVIEWED BY: RAYM D V. BELLOWS, ZONING MANAGER DEPARTMENT OF LAND DEVELOPMENT SERVICES V'r'�.-49 "'/ AILLIAM D. LNKENZ ., P.E., DIRECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: NICK A ALAN ,AD ST OR GROWTH MANAGEMENT DIVISION W&, iS 26C., D TE ;--16- (z- DATE d - I(' - -Zot� DATE 5- '2 7 12— DATE Tentatively scheduled for the July 24, 2012 Board of County Commissioners Meeting Naples Reserve PUD, PUDA- PL2011 -1168 May 22, 2012 Page 20 of 20 ORDINANCE NO. 12 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 07 -71, THE NAPLES RESERVE GOLF CLUB RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), TO REMOVE A GOLF COURSE FROM THE RPUD; PROVIDING FOR AMENDMENTS TO PERMITTED USES; PROVIDING FOR AMENDMENTS TO DEVELOPMENT STANDARDS; PROVIDING FOR AMENDMENTS TO MASTER PLAN; PROVIDING FOR AMENDMENTS TO LIST OF REQUESTED DEVIATIONS FROM LDC; PROVIDING FOR AMENDMENTS TO LIST OF DEVELOPER COMMITMENTS; AND PROVIDING AN EFFECTIVE DATE. SUBJECT PROPERTY IS LOCATED ONE MILE NORTH OF US 41 AND 1 -1/2 MILES EAST OF COLLIER BOULEVARD (CR 951) IN SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 688 + /- ACRES. WHEREAS, on November 13, 2007, the Board of County Commissioners approved Ordinance No. 07 -71, which established the Naples Reserve Golf Club Residential Planned Unit Development (RPUD); and WHEREAS, Dwight Nadeau, AICP, of RWA, Inc. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., representing SFI Naples Reserve, LLC, petitioned the Board of County Commissioners of Collier County, Florida to amend Ordinance 07 -71, the Naples Reserve Golf Club RPUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION I: AMENDMENTS TO EXHIBIT A' LIST OF ALLOWABLE USES, OF ORDINANCE NUMBER 07 -71, NAPLES RESERVE GOLF CLUB RPUD The List of Allowable Uses, previously attached as Exhibit A to Ordinance Number 07 -71, the Naples Reserve Golf Club RPUD, is hereby amended and replaced with a new Exhibit A, List of Allowable Uses, attached hereto and incorporated by reference herein. Naples Reserve / PL2011 -1168 Page 1 of 3 Attachment A Rev. 4/20/12 Words s4ictek thFough are deleted; words underlined are added. SECTION II: AMENDMENTS TO EXHIBIT B, DEVELOPMENT STANDARDS TABLE, OF ORDINANCE NUMBER 07 -71, NAPLES RESERVE GOLF CLUB RPUD The Development Standards Table, previously attached as Exhibit B to Ordinance Number 07 -71, the Naples Reserve Golf Club RPUD, is hereby amended and replaced with a new Exhibit B, Development Standards, attached hereto and incorporated by reference herein. SECTION III: AMENDMENTS TO EXHIBIT C, MASTER PLAN, OF ORDINANCE NUMBER 07 -71, NAPLES RESERVE GOLF CLUB RPUD The Master Plan, previously attached as Exhibit C to Ordinance Number 07 -71, the Naples Reserve Golf Club RPUD, is hereby amended and replaced with a new Exhibit C, Master Plan, attached hereto and incorporated by reference herein. SECTION IV: AMENDMENTS TO EXHIBIT E, LIST OF REQUESTED DEVIATIONS FROM LDC, OF ORDINANCE NUMBER 07 -71, NAPLES RESERVE GOLF CLUB RPUD The List of Requested Deviations from LDC, previously attached as Exhibit E to Ordinance Number 07 -71, the Naples Reserve Golf Club RPUD, is hereby amended and replaced with a new Exhibit E, List of Requested Deviations from LDC, attached hereto and incorporated by reference herein. SECTION V: AMENDMENTS TO EXHIBIT F, LIST OF DEVELOPER COMMITMENTS, OF ORDINANCE NUMBER 07 -71, NAPLES RESERVE GOLF CLUB RPUD The List of Developer Commitments, previously attached as Exhibit F to Ordinance Number 07 -71, the Naples Reserve Golf Club RPUD, is hereby amended and replaced with a new Exhibit F, List of Developer Commitments, attached hereto and incorporated by reference herein. SECTION VI: EFFECTIVE DATE Except as amended herein, the remaining provisions within Collier County Ordinance No. 07 -71 remain in full force and effect. This Ordinance shall become effective upon filing with the Department of State. Naples Reserve / PL2011 -1168 Page 2 of 3 Rev. 4/20/12 Words st-„ek, thr-augh are deleted; words underlined are added. PASSED AND DULY ADOPTED by super- majority vote by the Board of County Commissioners of Collier County, Florida, this day of , 2012. ATTEST: DWIGHT E. BROCK, CLERK s , Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams 5 I(J Assistant County Attorney y(�� BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED COYLE, Chairman Attachments: Exhibit A — List of Allowable Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit E — List of Requested Deviations Exhibit F — List of Developer Commitments 11- CPS - 01115/ 18 Naples Reserve / PL2011 -1168 Page 3 of 3 Rev. 4/20/12 Words stmek thr-ough are deleted; words underlined are added. EXHIBIT A PROJECT LAND USE TRACTS TYPE UNITS /FT. ACREAGE+ TRACT "R" RESIDENTIAL 1154 592.8 TRACT "RA" RECREATION AREA 0 31.6 TRACT "P" PRESERVE 0 63.7 TOTAL: 688.1 I TRACT R 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) Single - family detached dwellings; 2) Single - family attached dwellings (including townhouses intended for fee simple conveyance including the platted lot associated with the residence); 3) Villa/patio dwellings (detached single - family dwellings of a smaller scale than the typical single - family detached dwelling); 4) Multi - family dwellings; 5) Model homes; 6) Commercial excavations (subject to Exhibit F: List of Developer Commitments, Transportation Item D); 7) Project sales, construction and administrative offices, which may occur in residential, and/or in temporary structures. 8) 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 Land Development Code (LDC). Naples Reserve PL- 20110001168 05/22/2012 Page 1 of 11 I B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Customary accessory uses and structures including, but not limited to, private garages, swimming pools with, or without screened enclosures, gatehouses, and other outdoor recreation facilities; 2) Polling place if deemed warranted by the Supervisor of Elections. II TRACT RA 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 Typically Accessory to Residential Development: 1) Structures intended to provide social and recreational space (private, intended for use by the residents and their guest only); 2) Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts, playground improvements /facilities, and passive and/or active water features. 3) Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (`BZA ") 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: 1) Customary accessory uses or structures incidental to recreation areas and, or facilities, including structures constructed for purposes of maintenance, storage or shelter with appropriate screening and landscaping. Naples Reserve PL- 20110001168 05/22/2012 Page 2 of 11 EXHIBIT B DEVELOPMENT STANDARDS GENERAL: Development of The Naples Reserve RPUD shall be in accordance with the contents of this Ordinance and applicable sections of the Collier County LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, subdivision plat, 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. 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. Table I below sets forth the development standards for land uses within the Residential PUD Residential Subdistrict (Tract "W'). 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. MAXIMUM DENSITY: There shall be no more than 1154 residential dwelling units permitted which provides for a maximum gross density of 1.67 dwelling units per acre. A minimum of 612 Transfer of Development Rights Credits shall be obtained to achieve the maximum gross density. SIGNS For the purposes of this RPUD, the LDC provisions from Section 5.06.02.B.6. are applicable for off - premise signage. Please see Deviation 42 in Exhibit E. This off -site signage opportunity may only be implemented after such signage is allowed in the Walnut Lakes PUD. Naples Reserve PL- 20110001168 05/22/2012 Page 3 of 11 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE FAMILY SINGLE FAMILY PATIO HOME MULTI- CLUBHOUSE/ MINIMUM LOT AREA DETACHED ATTACHED & & VILLAS FAMILY RECREATION SIDE UNIT TOWNHOUSE UNIT UNIT BUILDINGS PRINCIPAL STRUCTURES MINIMUM LOT AREA 6,000 S.F. PER 2,250 S.F. PER 5,000 S.F. PER 2,250 S.F. PER 10,000 S.F. SIDE UNIT UNIT UNIT UNIT 1/2 BH MAXIMUM LOT AREA 1 Acre N/A N/A N/A N/A MINIMUM LOT WIDTH 40 FEET 25 FEET 25 FEET 25 FEET N/A MINIMUM FLOOR AREA 1,000 S.F 1,000 S.F 1,000 S.F 1,000 S.F. /D.U. N/A MIN FRONT YARD 20 FEET* 20 FEET 20 FEET 20 FEET* 25 FEET MIN SIDE YARD 6 FEET 0 FEET or 3 FEET or GREATER OF 10 GREATER OF 6 FEET 9 FEET FEET OR 1/2 BH 15 FEET OR 1/2 BH, MIN REAR YARD 15 FEET 15 FEET 15 FEET 15 FEET GREATER OF 15 FEET OR 1/2 BH MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MIN. DISTANCE BETWEEN 12 FEET 12 FEET 12 FEET GREATER OF 20 GREATER OF 15 STRUCTURES FEET OR 1/2 THE FEET OR 1/2 BH SUM OF BH MAX. BUILDING HEIGHT NOT 35 FEET 40 FEET 35 FEET 65 FEET 50 FEET TO EXCEED I (ACTUAL) ACCESSORY STRUCTURES FRONT S.P.S. S.P.S. S.P.S. S.P.S. 20 FEET SIDE S.P.S. S.P.S. S.P.S. S.P.S. 1/2 BH REAR (ATTACHED) (DETACHED) 5 FEET 20 FEET 5 FEET 20 FEET 5 FEET 20 FEET 5 FEET 20 FEET 10 FEET 20 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET MINIMUM DISTANCE BETWEEN STRUCTURES 12 FEET 12 FEET 12 FEET 12 FEET Greater of 15 feet or 1/2 BH MAX. BUILDING HEIGHT NOT TO EXCEED 35 FEET 35 FEET 35 FEET 35 FEET 40 FEET S.P.S. = Same as Principal Structures BH = Building Height — unless otherwise noted, all building heights shall be "zoned" building heights, as defined in the LDC. *: Residences with side loaded garages may have a minimum 15 foot front yard Naples Reserve PL- 20110001168 05/22/2012 Page 4 of 11 PR01 LI Notes: 1) 2) 3) 4) No structures are permitted in the required 20 -foot lake maintenance easement. No setback is required for structures adjacent to a lake maintenance easement. Side yards — No side yard shall be required between units when more than one residential unit is in a single structure (i.e.: attached single - family and townhomes). Varying side yards are provided to allow side entry garages and to maintain the required separation between buildings. Terraced setbacks are permitted for either two or three story multi - family structures. Setbacks shall be measured from that ground floor exterior wall of lesser height as long as a minimum 15 foot building wall setback is provided as depicted in Figure 1 below. Entrance features (i.e.: monuments, clock towers and colonnades) may be located at the project entrance and shall be limited to a maximum height of 50 feet.. Naples Reserve PL- 20110001168 05/22/2012 Page 5 of 11 3 4 yy EXHIBIT C MASTER PLAN Lj Naples Reserve PL-20110001168 05/22/2012 Page 6 of 11 IR ;S ............... Naples Reserve PL-20110001168 05/22/2012 Page 6 of 11 t EXHIBIT D Legal Description All of Section 1, Township 51 South, Range 26 East, Collier County, Florida Naples Reserve PL- 20110001168 05/22/2012 Page 7 of 11 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC Deviation #1 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 project. The number of model homes may exceed five for each phase or community within the project, but shall not exceed a total of fifteen. Deviation #2 seeks relief from LDC Section 5.06.02 13.6. that allows ground/residential entrance signage only on -site within residential zoning districts, to allow ground/residential entrance signage outside of the residential zoning district that the signage will serve. This off -site ground /residential entrance signage shall be permitted in close proximity to the US -41 Right -of -Way within the Walnut Lakes PUD. This deviation may only be implemented upon such signage being allowed by the Walnut Lakes PUD. Naples Reserve PL- 20110001168 05/22/2012 Page 8 of 11 EXHIBIT F LIST OF DEVELOPER COMMITMENTS TRANSPORTATION The development of this RPUD shall be subject to and governed by the following conditions: A. The RPUD Master Plan reflects a 100' wide reservation for dedication along the western boundary of the RPUD. Should the County find that it is appropriate to improve that corridor, the Developer, its successor, or assigns shall agree to be a part of a joint permit application with Collier County for the specific purpose of modifying the existing conservation easement. All costs associated with the potential conservation easement modification, including any required mitigation shall be the responsibility of the County. The 100' reservation shall be dedicated to the County at no cost, and in fee simple title within 180 days of the County's request. The developer shall provide a storm water management system within the RPUD boundary for treatment/retention of storm water from the 100 foot reservation area. B. The Developer agrees to provide mitigation for traffic impacts as detailed in the companion Developer's Contribution Agreement [DCA] in order to provide consistency with policy 5.1 of the Transportation Element of the Growth Management Plan." C. If warranted and approved by the County, the developer shall be responsible for the proportionate fair share cost of a traffic signal, or turn lane extension/expansion, at the intersection of Naples Reserve Boulevard and US41 Tamiami Trail. If Naples Reserve Boulevard should become a Public Roadway in the future, then the proportionate share requirement shall apply to this development's entrance where it intersects with Naples Reserve Boulevard. Upon completion of the installation, inspection, burn -in period and final approval /acceptance of traffic signal at either location mentioned in the previous paragraph, ownership and maintenance of the signal shall be turned over to Collier County. Any negotiations relevant to fair share payments or reimbursements from any and all other neighboring developers /property owners that directly benefit from said traffic signal, will be determined based upon the percentage of usage /impact." D. Excavated material in an amount up to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated may be removed from the development with no prohibition as to the destination of the material. Excavated material in excess of up to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated, may be removed from the development and be transported off -site only for use in the US -41 roadway widening project from the intersection of US 41 and Collier Boulevard to the intersection of US 41 and CR 92, and subject to the excavation provisions from the Code of Ordinances as may be amended, however the following paragraph will continue to apply: "Issuance of commercial excavation permits. Applications for commercial excavation permits shall be reviewed by the community development and environmental services administrator, or his designee, and by the environmental advisory council for recommendation and approved by the board. When a request is made to remove surplus fill material from a previously approved development excavation, the requirement for review by the envirommental advisory council shall be waved, but dependent on haul route and amount of fill to be hauled, staff may require approval by Collier County Planning Commission." Naples Reserve PL- 20110001168 05/22/2012 Page 9 of 11 ENVIRONMENTAL The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. The Naples Reserve RPUD shall preserve 63.7 acres of vegetated areas consistent with the Land Use Summary on Exhibit C RPUD Master Plan. PLANNING A. In order to increase residential density above the base density allowed in the Urban -Mixed Use District, Residential Fringe Subdistrict and the Agricultural/Rural - Rural Fringe Mixed Use District, Receiving Lands, 612 TDR Credits shall be severed from qualifying Sending Lands, of which a minimum of 311 TDR Credits shall be severed from Sending Lands within one mile of the Urban Area. B. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close -out of the PUD. At the time of this PUD approval, the Managing Entity is SFI Naples Reserve, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD are closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments." WATER MANAGEMENT A. Constructed drainage facilities and structures shall be located outside the boundaries of conservation easements /preserves. B. The project's stormwater management system shall be designed to fully contain the 100- year /72- hour design storm event with a regulated discharge rate not to exceed 0.08 cfs /acre and no increase in total volume of discharge.' C. All elevations shall be based on the North American Vertical Datum (NAVD). UTILITIES AND ENGINEERING A. The owner shall reserve four areas to potentially be dedicated to the Collier County Water -Sewer District for raw water well easements with dimensions of 100 -foot by 100 -foot each, along with utility/access easements that shall be 20 feet wide, or less if the well site is contiguous to a public right -of -way. The approximate locations of these four proposed easements are depicted on the proposed Master Plan. One of these four wells may be used as a test well and converted to a production well. The test well will not be converted into a production well until the water management lakes proposed near the test well are constructed in accordance with the 50 foot setback standard. No additional production wells will be installed until the project's water management lakes have been constructed or the year 2027, whichever is earlier. Upon request of the Collier County Water- Sewer District, the owner shall convey to the Collier County Water- Sewer District the requested utility /access easements and raw water well easements within 60 days, Naples Reserve PL- 20110001168 05/22/2012 Page 10 of 11 free and clear of all liens and encumbrances. The Collier County Water- Sewer District shall pay the owner $15,930 per acre for those easements that are conveyed to the Collier County Water- Sewer District. If all or some of the conveyances have not been requested by the Collier County Water- Sewer District at the earlier of Site Development Plan ( "SDP ") and/or final construction plans and plat ( "PPL ") approval or within six years of approval of this Ordinance, then the reserved areas shall be deemed released. At the time of the SDP and /or PPL submittal, the owner shall show the well site reservations applicable to the area within the SDP and/or plat. During the review of the SDP and/or PPL, the Collier County Water - Sewer District shall decide at that time whether it will request the dedication of the utility/access easement. Failure to request the utility/access easement shall be deemed a release of the utility /access easement and the final SDP and/or PPL shall be approved without the utility/access easement. Naples Reserve PL- 20110001168 05/22/2012 Page 11 of 11 ��ryu ORDINANCE NO.07- 71 �, jm�i 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 INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT KNOWN AS THE NAPLES RESERVE GOLF CLUB RPUD BY ADDING 602 RESIDENTIAL DWELLING UNITS, FOR A TOTAL OF 1154 RESIDENTIAL UNITS, FOR PROPERTY LOCATED ONE MILE NORTH OF US 41 AND 1 1/2 MILES EAST OF COLLIER BOULEVARD (CR 951), IN SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 688+/ - ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99 -42, THE FORMER NAPLES RESERVE GOLF CLUB PUD; AND BY PROVIDING AN EFFECTIVE DATE- - WHEREAS, the Board of County Commissioners adopted Ordinance No. 9942 establishing the Naples Reserve Golf Club PUD; and WHEREAS, by Resolution No. 04 -2I9, the Board of County Commissioners extended the PUD approval affecting Ordinance No. 99-42 until June 8, 2008; and WHEREAS, Dwight Nadeau of RWA, Inc., representing Anthony Salce of Gulf Coast Development Group, LC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. 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 Section 1, Township 51 South, Range 26 East, Collier County, Florida, is changed from a Planned Unit Development (PUD) Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for the project known as Naples Reserve Golf Club RPUD in accordance with the Exhibits attached hereto as Exhibits A through F. 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. Page 1 of 2 Attachment B SECTION TWO: Ordinance Number 99-42, known as the Naples Reserve Golf Club PUD, adopted on June 8, 1999, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. 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 t3 day of N64 &"IlAr , 2007 BOARD OF COUNTY COMMISSIONERS IIViiIGHT' $I�CK, CLERK COLLIER CO TY, RIDA BY: Atttrst �_ __ } Deputy Clerk J S COLETTA, CHAIRMAN r;. SCgiaa�:s;r� mil„ Approved as to form and legal sufficiency: Marjori(o M. Student - Stirling lJ Assistant County Attorney Exhibit A— List of Allowable Uses Exhibit B — Development Standards Table Exhibit C — Master Plan Exhibit D — Legal Description Exhibit E — List of Requested Deviations Exhibit F — Development Commitments This ordinance filed with the br�ary of State's Offic r e ((((}}TT'' �rday of} and ac know ledgem gi that filin i this day of By aw k Page 2 of 2 A -1 EXHIBIT A Table I PROJECT LAND USE TRACTS TYPE UNTTS/FT• ACREAGE± TRACT "RG" RESIDENTIAL 1154 609.2 TRACT "RA" RECREATION AREA 0 15.2 TRACT "P" PRESERVE 0 63.7 I TRACT RG PERMTT'TED 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) Single- family detached dwellings; 2) Single - family attached dwellings (including townhouses intended for fee simple conveyance including the platted lot associated with the residence); 3) Villa/patio dwellings (detached single - family dwellings of a smaller scale than the typical single - family detached dwelling); 4) Multi - family dwellings; 5) Model homes; 6) Golf courses and related facilities; 7) Commercial excavations — surplus fill material generated by commercial excavation depths may be transported off -site only for use in the US41 improvement project associated with this zoning approval; 8). Project sales, construction and administrative offices, which may occur in 'residential, and/or in temporary. 9) Any%ther principal use which is comparable in nature with the foregoing list of'prmitted principal uses, as determined by the Board of Zoning Appeals (`13ZA') by the process outlined in the Land Development Code (LDC). A -1 B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Customary accessory uses and structures including, but not limited to, private garages, swimming pools with, or without screened enclosures, gatehouses, and other outdoor recreation facilities; 2) Polling place if deemed warranted by the Supervisor of Elections. H TRACT RA PERMTTED 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 Typically Accessory to Residential Development: 1) Structures intended to provide social and recreational space (private, intended for use by the residents and their guest only). 2) Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts, playground improvements/facilities, and passive and/or active water features. 3) Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (`BZA') 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: 1) Customary accessory uses or structures incidental to recreation areas and, or facilities, including structures constructed for purposes of maintenance, storage or shelter with appropriate screening and landscaping. III DEVELOPMENT STANDARDS A. GENERAL: Development of The Naples Reserve RPUD shall be in accordance with the contents of this Ordinance and applicable sections of the Collier County LDC and Growth Management Plan (GNP) 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. A -2 Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or Iot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. There shall be no more than 1154 residential dwelling units permitted which provides for a maximum gross density of 1.67 dwelling units pre acre. A minimum of 612 Transfer of Development Rights Credits shall be obtained to achieve the maximum gross density. B. Table I below sets forth the development standards for land uses within the Residential PUD. Residential Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. N SIGNS For the purposes of this RPUD, the LDC provisions from Section 5.06.02.A.6. are applicable for off - premise signage. A -3 EXHIBIT B TABLE I RESIDENTIAL DEVELOPMENT STANDARDS ST A" Ly SIN F :.PAT10- OM M L% HOUSE/ MINIMUM LOT AREA omxi� 10 AIT E .&VILLAS F ILx,-1:,1 10,000 S.F. MAXIMUM LOT AREA MINIMUM LOT WIDTH I Acre 40 FEET Tol"HOUS N/A 25 FEET N/A 25 FEET AU S.P.S. = Same as Principal Structures BH = Building Height — unless otherwise noted, all building heights shall be "zoned" building heights, as defined in the LD1-- [a MINIMUM LOT AREA 2,250 S.F. PER UNIT 2,250 S.F. PER UNIT 2,250 S.F. PER UNIT 2,250 S.F. PER UNIT 10,000 S.F. MAXIMUM LOT AREA MINIMUM LOT WIDTH I Acre 40 FEET N/A 25 FEET N/A 25 FEET N/A 25 FEET N/A N/A MINIMUM FLOOR AREA 1,000 S.F 1,000 S.F 1,000 S.F 1,000 S.F./D.U. N/A MIN FRONT YARD 20 FEET 20 FEET 20 FEET 20 FEET N/A MIN SIDE YARD 6 FEET 0 FEET or 6 FEET 3 FEET or 9 FEET GREATER OF 10 FEET OR 1/2 BH N/A MIN REAR YARD 15 FEET 15 FEET 15 FEET IS FEET N/A MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MIN. DISTANCE BETWEEN STRUCTURES 12 FEET 12 FEET 12 FEET GREATER OF 20 FEET OR 1/2 THE SUM OF BH , N/A MAX. BUILDING HEIGHT NOT TO EXCEED 35 FEET 40 FEET 35 FEET 65 FEET (ACTUAL) 50 FEET S.P.S. = Same as Principal Structures BH = Building Height — unless otherwise noted, all building heights shall be "zoned" building heights, as defined in the LD1-- [a a FRONT S.P.S. S.P.S. S.P.S. S.P.S. 20 FEET SIDE S.P.S. S.P.S. S.P.S. S.P.S. 1/2 BH REAR (ATTACHED) 5 FEET 5 FEET 5 FEET —5 FEET 10 FEET (DETACHED) 20 FEET 20 FEET 20 FEET 20 FEET 20 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET MINIMUM DISTANCE 12 FEET 12 FEET 12 FEET 12 FEET Greater of 15 BETWEEN STRUCTURES feet or 1/2 BH MAX. BUILDING HEIGHT NOT 35 FEET 35 FEET 35 FEET 35 FEET 40 FEET TO EXCEED S.P.S. = Same as Principal Structures BH = Building Height — unless otherwise noted, all building heights shall be "zoned" building heights, as defined in the LD1-- [a PROs U Notes: 1) No structures are permitted in the required 20 -foot lake maintenance easement No setback is required for structures adjacent to a lake maintenance easement. 2) Side yards — No side yard shall be required between units when more than one residential unit is in a single structure (Le.: attached single - family and townhomes). Varying side yards arc provided to allow side entry garages and to maintain the required separation between buildings. 3) The LDC standards for cluster residential design, as set forth in the Rural Fringe Mixed Use District, shall apply to residential land uses within this RPUD. 4) Terraced setbacks are permitted for either two or three story multi- family structures. Setbacks shall be measured from that ground floor exterior wall of lesser height as long as a minimum 15 foot building wall setback is provided as depicted in Figure I below. 5) Entrance features (i.e.: monumentation, clock towers and colonnades) shall be limited in height to no greater than 50 feet which may be located at the project entrance. 6) 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 load garages, wherein a parking area 23 feet in depth must be provided perpendicular to the sidewalk to avoid vehicles being parked across a portion, or all of the referenced sidewalk. 1_!Q! EXHIBIT C MASTER PLAN EXHIBIT D Legal Description All of Section 1, Township 51 South, Range 26 East, Collier County, Florida EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC Deviation #1 seeks relief from LDC Section 6.06.01.(0), for "cul -de -sac and local streets, and LDC Appendix B, Typical Street Section, B -2 and B -3, and Section lH, Exhibit "A ", Design Requirements for Subdivisions C.13.e. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004 -66 that requires 60 feet, to allow 50 feet. A 50 -foot right -of -way is permitted in this RPUD to provide for flexibility in development design, subject to providing easements for required utilities generally parallel to the right -of -way. This is a reasonable deviation that has been implemented in subdivisions throughout the County, and does not compromise health, safety, and welfare issues related to civil engineering design. All platted project streets shall have a minimum 50 -foot right -of -way. Deviation 1 from Sub - section 6.06.01(0) of the LDC, for cul -de -sac and local streets, and LDC Appendix B -2 and B -3 for cul- de-sac and local streets respectively, and Section MII Exhibit "A ", Design Requirements for Subdivisions C. 13.e. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004 -66 which requires 60 feet to allow 50 feet. (See Exhibit C, RPUD Master Plan). These streets shall be private, and shall be classified as local streets. Deviation #2 seeks relief from Section 1H, Exhibit "A ", Design Requirements of Subdivisions C.13 j. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance Number 2004 -66, that requires tangents to be provided between reverse curves on all streets. This RPUD will not require tangents between reverse curves in order to provide greater subdivision design flexibility. All internal roads within the RPUD will be private, and have low posted speed limits, and will have a curvilinear design that has been shown to act as traffic calming measures by reducing local traffic speeds. Additionally, the flat terrain found on site does not wan-ant the need for tangents. This is a reasonable deviation that has been applied throughout the County, and does not comprise a risk to public health, safety and welfare. Tangents between reverse curves are not required for any local street design in this RPUD. Deviation 2 from Section III, Exhibit "A ", Design Requirements for Subdivisions C.13 j. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004 -66. Deviation #3 seeks relief from LDC Section 5.04.04.B.5.c., that functionally limits the number of model homes to allow one model home for each variant of the residential product proposed in the project. In an effort to provide a variety of residence styles and floor plans within the development, it is essential not to arbitrarily limit the opportunity of a home buyer to see the creativity of the architecture proposed in a development. To do so could result in monotonous tract housing reminiscent of the "new town" movement after the end of the World War H. This deviation is appropriate, and does not negatively affect the health and safety, nor welfare of the future residents of the development. The Naples Reserve RPUD may have one model home representing each type of residential product. The number of model homes may exceed five, but shall not exceed a total of ten. Deviation 3 from LDC Section 5.04.04.B.S.c. that limits the total number of model homes in a single development to five. E -1 Deviation #4 seeks relief from Section III, Exhibit "A ", Design Requirements of Subdivisions C. 131 of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance Number 2004 -66, limits cul -de -sac lengths to 1000 feet or less. This RPUD may have cul -de -sacs with lengths greater than 1000 feet. The RPUD lands are relatively without topographic relief, so greater sight distances would allow longer dead-end streets without jeopardizing the safety of the future residents. Further, the turning radii of the terminal cul -de -sacs will meet or exceed applicable County, and National Fire Protection Association requirements. Cul-de -sac lengths in the Naples Reserve RPUD may exceed 1000 feet. E -2 EXHIBIT F LIST OF DEVELOPER COMMITMENTS TRANSPORTATION The development of this RPUD shall be subject to and governed by the following conditions: A. All traffic control devices, signs, pavement marking, and design criteria shall be in accordance with the Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. B. Access Points shown on the RPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property boundary. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is approved. C. Site- related improvements (as opposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to commencement of on -site construction. D. Nothing in any development order (DO) shall vest a right of access in excess of a right- in/right- out condition at any access point. Neither shall the existence of a point of ingress, a point of egress, or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. Collier County reserves the right to close any median opening existing at any time which is found to be adverse to the health, safety, and welfare of the public. Any such modifications shall be based on, but not limited to, safety, operational circulation, and roadway capacity. E. If any required turn lane improvement requires the use of existing County rights -of -way or easement(s), then compensating right -of -way shall be provided at no cost to Collier County as a consequence of such improvement(s) upon final approval of the turn lane design during the first subsequent development order (i.e.: site development plan/subdivision plat). The typical cross - section may not differ from the existing roadway unless approved, in writing, by the Transportation Division Administrator, or his designee. F. If, in the sole opinion of Collier County, traffic signal(s), other traffic control device, sign, pavement marking improvement within a public right -of -way or easement, or site - related improvements (as opposed to system related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, is determined to be necessary, the cost of such improvement shall be the responsibility of the developer, its successors or assigns. The improvements shall be paid for or installed, at the County's discretion, prior to the issuance of the first CO. F -1 G. The RPUD Master Plan reflects a 100' wide reservation for dedication along the western boundary of the RPUD. Should the County find that it is appropriate to improve that corridor, the Developer, its successor, or assigns shall agree to be a part of a joint permit application with Collier County for the specific purpose of modifying the existing conservation easement. All costs associated with the potential conservation easement modification, including any required mitigation shall be the responsibility of the County. The 100' reservation shall be dedicated to the County at no cost, and in fee simple title within 180 days of the County's request. The developer shall provide a storm water management system within the RPUD boundary for treatment/retention of storm water from the 100 foot reservation area. UTILITIES AND ENGINEERING The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. The developer shall reserve four areas to be dedicated to Collier County Water & Sewer District for raw water well easements with dimensions 100 -foot by 100 -foot each, and utility /access easements that shall be 20 feet wide unless the well site is contiguous to a public right of way. The approximate locations of these proposed easements are depicted on the RPUD Master Plan. The dedication shall occur at the time of site development plan, or final plat approval for the area within. the development phase that contains the respective well sites. At the time of the SDP and/or plat submittal, the developer shall provide the well site easements that meet the standard setback requirements for water wells. If the surface water management lakes for the subdivision are installed prior to the installation of production wells for the SERWTP Wellfield, anticipated for 2012, a setback of 50 feet shall be required. If the surface water management lakes are installed after the production wells a 300 -foot setback shall be required. The County has further requested a test well at one of the proposed well sites. The County agrees that the desired test well will not. be converted into a production well until the water management lake proposed near the test well is constructed in accordance with the 50 foot setback standard. No additional production wells will be installed until the project's water management lakes have been constructed or the year 2012, whichever is earlier. ENVIRONMENTAL The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. The Naples Reserve RPUD shall preserve 63.7 acres of vegetated areas consistent with the Land Use Summary on the RPUD Master Plan. F -2 PLANNING A. One TDR credit shall be required for every five (5) gross acres of RFMUD land area utilized as part of the golf course, including the clubhouse area, rough, fairways, greens, and lakes, but excluding any area dedicated as conservation that is non - irrigated and retained in a natural state. B. In order to increase residential density above the base density allowed in the Urban -Mixed Use District, Residential Fringe Subdistrict and the Agricultural/Rural - Rural Fringe Mixed Use District, Receiving Lands, 612 TDR Credits shall be severed from qualifying Sending Lands, of which a minimum of 311 TDR Credits shall be severed from Sending Lands within one mile of the Urban Area. C. Collier County and the Developer of the Naples Reserve RPUD have cooperated to address affordable housing impacts associated with the Naples Reserve RPUD. The following financial contribution shall be paid by the developer, or its successors and assigns, to the Collier County Affordable Housing Trust Fund. One thousand dollars ($1,000) per residential dwelling unit constructed within the project shall be paid to Collier County within 7 days of the closing on each residential dwelling unit. The amount set forth herein shall be reduced by any amounts paid by the developer on behalf of Habitat for Humanity's pursuant to the Developer Contribution Agreement US 41 Developers Consortium (DCA) to fund the shortfall after Habitat for Humanity's road impact fees are applied pursuant to the DCA. . The payment of the sums set forth in this Section shall reflect a credit to the project's obligations to pay any fees that may be adopted in the future by the County relating to the provision of affordable or workforce housing. WATER MANAGEMENT A. Constructed drainage facilities and structures shall be located outside the boundaries of conservation easements/preserves. B. The project's stormwater management system shall be designed to fully contain the 100- year /72- hour design storm event with a regulated discharge rate not to exceed 0.10 cfs/acre and no increase in total volume of discharge. C. All elevations shall be based on the North American Vertical Datum (NAVD). PARKS AND RECREATION The County and the developer will use their best efforts to determine with the US Army Corps of Engineers the correct acreage for mitigation set forth in Permit Number 199900619(IP -SB) so as to be able to remove the approximate 20 acres not needed for the mitigation area from this permit. The referenced Corps permit will not be modified to exclude the surplus off -site mitigation acreage. This area shall be conveyed to Collier County in fee simple for a County park. This conveyance shall be made to the County upon satisfactory resolution of the Corps off -site mitigation acreage issue. F -3 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007 -71 Which was adopted by the Board of County Commissioners on the 13th day of November, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of November, 2007. DWIGHT E. BROCK Clerk of Courts and.Clerk Ex- officio to Board of County Commissioners. Gj_� By: Ann Jennejohn., Deputy Clerk Naples Reserve Neighborhood Information Meeting Date: December 6, 2012 Time: 5:30pm Location: Edison College Campus Auditorium Dwight Nadeau, Planning Manager of RWA began the NIM meeting at 5:30pm Dwight introduced himself, (Applicant/Developer) James Cullis, SFI Naples Reserve, LLC.; Richard Yovanovich, from Coleman, Yovanovich & Koester, P.A.; Alicia Dixon from Passarella & Associates; Emilio Robau, RWA and Nancy Gundlach, Principal Planner with Collier County Community Development and Environmental Services. Nancy Gundlach provided the current status of the project with respect to future hearing dates for adoption and also explained the process of notifying the surrounding property owners of the Neighborhood Information Meeting (NIM). Dwight presented a general project overview which included pertinent development information related to the Naples Reserve Residential Planned Unit Development (RPUD) petition. He stated ownership of the property had recently changed and that a revised development intent was being pursued through this petition. He explained that the applicant proposes to remove the golf course and all related golf course uses, and revise the internal layout of the development. The preserve and open space are to remain the same and offered the following information. The Project provides for the following: • 1,154 residential dwelling units • 63.7 acres of Preservation • Open Space, including 87 ± -acres of stormwater management lakes that are separated by 74 acres of recreation lakes that will allow for canoeing and enjoyment of the water. The water is isolated from the water management portion of the lake. However, when treatment occurs there could be mixing of the waters. Treatment of the lakes will be subject to the District Rules. Dwight stated, any questions related to the water management issues should be relayed to Emilio Robau, Professional Engineer of the project who may be able to answer those questions. Dwight stated, effectively the project has been broken into 3 communities. Each will have their own pedestrian and multi -use paths above and beyond the project amenities that will follow through to the recreation areas where they could be exercise pads, outdoor recreation areas, etc. Jim Cullis, indicated they currently have a secondary entrance where they will be splitting the traffic on Greenway Road. Attachment C Jim Cullis, also made mention of the 346 acre site they currently have which is native vegetation. Dwight added it is our mitigation piece. The following questions were raised by the property owners and addressed by the panel. Roy Page -14346 Manchester Drive (Reflection Lakes) — What will be the price point? Dwight stated, it would be market drive and primarily single family home community and comparable to Reflection Lakes or similar. Roy Page -14346 Manchester Drive (Reflection Lakes) — Will it all be permitted at once? Dwight stated, Environmental will be done by Emilio Robau and Alicia with The Army Core of Engineer at once. The property will not be platted at once. Core infrastructure and development area will be platted subsequently. Roy Page - 14346 Manchester Drive (Reflection Lakes) — Will there be a gate? Dwight stated, there would be a resident gate (indicated on the plan on Naples Reserve Blvd) and a secondary gate on Greenway Road. Roy Page -14346 Manchester Drive (Reflection Lakes) — Will there be a construction entrance? Dwight stated, we are not committing to, but are considering Greenway Road as the construction access. Nancy Gundlach, suggested Dwight mention the land use for the commercial excavation. Dwight stated, because we have a lot of lakes on the project we have the opportunity to dig to a commercial excavation depth which is 20 feet or more, as opposed to a development excavation which is not as deep, and is limited to no more than 10% of the fill that is generated by the lakes that could go offsite. Roy Page - 14346 Manchester Drive (Reflection Lakes) — Where will you be relocating the fill? Dwight stated, it is still to be determined. We are in the process of an agreement with the County related to the improvements slated for 951141 that may extend out to Greenway Road and beyond. Some of the fill maybe be used for the County project. Roy Page - 14346 Manchester Drive (Reflection Lakes) - I'm concerned about the truck on the road transporting the fill and the congestion. Dwight stated, it is probable the fill will not be trucked around the County. We will be using Greenway Road. Roy Page - 14346 Manchester Drive (Reflection Lakes) — Who will be responsible for maintaining the Naples Reserve Road Entrance? Dwight, deferred to Jim who further stated, SFI would be responsible. Dwight thanked everyone for their attendance. Meeting was adjourned at approximately 6 pm. ARTICLE IV. - EXCAVATION Page 1 of 18 Collier County, Florida, Code of Ordinances >> PART 1 - CODE >> Chapter 22 - BUILDINGS AND BUILDING REGULATIONS >> ARTICLE IV. - EXCAVATION >> ARTICLE IV. - EXCAVATION _ 36 Sec. 22 -106. - Title and citation. Sec. 22 -107. - Purpose. Sec. 22 -108. - Applicability permit required. Sec. 22 -109. - Exemptions. Sec. 22 -110. - Excavation review procedures. Sec 22 -111 - Application requirements for excavation permits. Sec 22 -112. - Construction requirements for excavations. Sec. 22 -113. - Inspection and reporting requirements. Sec. 22 -114. - Fees. Sec 22 -115 - Performance guarantee requirements. Sec. 22 -116. - Appeals. Sec. 22 -117. - Penalties and enforcement. Sec. 22 -118. - Severability. Sec 22 -119. - Compliance with state and federal permits. Sec. 22 -120. - Variances. Secs. 22- 121 -22 -160. - Reserved. Sec. 22 -106. - Title and citation. This article shall be known and may be cited as the "Collier County Excavation Regulations ". (Ord. No. 04 -55, § 2.E.) Sec. 22 -107. - Purpose. The purpose of this article is to establish a reasonable regulatory framework to regulate excavations within the county so as to minimize any potentially adverse impacts of the excavation activity on public health, safety and welfare of the citizens of this county and its natural resources. (Ord. No. 04 -55, § 2.E.) Sec. 22 -108. - Applicability; permit required. It shall be unlawful for any person, association, corporation or other entity to create, attempt to create, or alter an excavation without having obtained a permit therefor, except for public capital facility projects, or as otherwise provided herein. (1) Excavations are defined as the removal of any material to a depth greater than three feet below the existing grade over any area, or one foot below existing grade over an area greater than 10,000 square feet. (2) Excavations on undeveloped coastal barriers shall be prohibited, except as specified in section 3.03.07C. of the Land Development Code. (Ord. No. 04 -55, § 2.E.) Attachment D http: / /Iibrary.municode.com/HTM ,/ 10578 /level3 /PTICO_CH22BUBURE ARTIVEX.html 4/25/2012 ARTICLE IV. - EXCAVATION Sec. 22 -109. - Exemptions. y_ Page 2 of 18 The following activities, to the extent specified herein, are exempt from the requirements of these sections, provided that no excavated material is removed off -site, but are subject to compliance with all other applicable laws and county ordinances: (1) Earth moving in conjunction with any routine maintenance activity which restores the excavation to the final, and previously excavated, slope and depth configuration approved by the board, or with the installation of an underground utility which is to be backfilled. Material generated by such maintenance activity may be hauled off -site with administrative staff level approval, if so specified in an approval letter. (2) Foundations of any building or structure, providing the excavation will be confined to the area of the structure only. (3) Excavations relating to the accessory use of property which by nature are of limited duration and designed to be filled upon completion, i.e., graves, septic tanks, swimming pools, fuel storage tanks, etc. (4) The regrading only of any property for aesthetic purposes, including berming or contouring, that does not create a body of water or affect existing drainage patterns or remove native vegetation in excess of county standards. (5) Agricultural drainage and irrigation work incidental to agricultural operations (see subsection 22- 110(2) for off -site hauling). a. Excavations incidental to agriculture surface water management and water use facilities as included in existing South Florida Water Management District permits. All excavated materials must remain on lands under the same ownership. Any transportation of materials over public roads is subject to appropriate Right -of -Way permits. (6) The grading, filling, and moving of earth in conjunction with road construction within the limits of the right -of -way or construction easement when the construction plans have been approved by the Collier County or state department of transportation. (7) Farm animal watering ponds or excavations located on single - family lots /tracts where the net property size is two acres or more are exempt from the permitting procedures contained in this article, but will require an Exempt excavation permit and must comply with all the construction standards of this article. Such exemptions apply only if excavation does not exceed one acre in area and 20 feet in depth. Unless an excavation is located in an Agricultural zoning district, a building permit for a single - family home must be issued prior to the county issuing an Exempt excavation permit. Activities set forth in subsections-22-109(l), (except removal of excess material) 22- 109(2), 22- 109(3), 22- 109(5), and 22- 109(6) above do not require an Exempt excavation permit. Activities set forth in subsections 22- 109(4) and 22- 109(7) require submittal of plans or drawings of the proposed activity to the Engineering Services Department for a formal letter of exemption. (Ord. No. 04 -55, § 2.E.; Ord. No. 2006 -04, § 9) Sec. 22 -110. - Excavation review procedures. Z. (a) http:// library.municode. corn/ HTNIL 1105781level3lPTICO_CH22BUBURE ARTIVEX.html 4/25/2012 ARTICLE IV. - EXCAVATION Page 3 of 18 Types of excavation permits. The permits required by this article shall be issued by the Engineering Services Department in accordance with the procedures set forth herein and shall come under one of the following categories: (1) Private excavations. Private excavations are considered to be an excavation on non- commercial property where the excavated material is not removed from the property and where the disturbed surface area at grade does not exceed two acres. Where more than one excavation is proposed for the same piece of property or properties under common ownership and the combined disturbed surface area exceeds two acres, the permits shall not be issued as a private excavation. (2) Commercial excavations. Commercial excavations are considered to be any excavation wherein the excavated material is removed from the subject property. Except that up to 4,000 cubic yards of excavated material may be removed from an agriculturally zoned site if the fill is the result of a legitimate agricultural use as defined in other sections of this Code. All approved developments with off -site hauling activities will be considered commercial excavations. See subsection 22- 110(a)(3)b. for exemption. (3) Development excavation. Development excavations are considered to be any excavation located within the boundaries of a planned unit development, or subdivision development, having approved construction plans (to include SDPs), or an industrial or commercial project, or where the disturbed area of an excavation exceeds two acres, but no fill is removed from the subject property for whatever purpose provided that: a. The excavations were clearly defined and detailed as to location, size, shape, depth and side slopes during the development's review process and, if applicable, approved by the Board after appropriate public hearings. b• If approved by the Board during the rezone and /or preliminary subdivision plat process, excavated material in an amount up to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated may be removed from the development. Intentions to remove material must be clearly stated during the development's review and approval process. (b) Issuance of permits. (1) Issuance of private and development excavation permits. The county manager or designee may administratively approve and issue private and development excavation permits where all of the applicable standards of this article have been met. When, in his opinion, the standards have not been met, the application shall be submitted to the environmental advisory council for recommendation with ultimate approval or denial required of the Board. (2) issuance of commercial excavation permits. Applications for commercial excavation permits shall be reviewed by the community development and environmental services administrator, or his designee, and by the environmental advisory council for recommendation and approved by the board. When a request is made to remove surplus fill material from a previously approved development excavation, the requirement for review by the environmental advisory council shall be waived, but dependent on haul route and amount.of fill to be hauled, staff may require approval by Collier County Planning Commission. (c) Notice of meeting. The county manager or designee shall give prior written notice of the environmental advisory council meeting, by first class mail, as noted in subsection 22- 111(a) http:// library. municode. coml HTML 1105781level3lPTICO_CH22BUBURE ARTIVEX.htral 4/25/2012 ARTICLE IV. - EXCAVATION Page 4 of 18 (3)d., to all adjacent property owners (within 300 feet of the property line or within 500 feet of the excavation itself) as determined by reference to the latest official tax rolls. For excavations located in Estates zoning districts, all owners of existing homes or homes under construction, (i.e. having broken ground on the date of submittal of the excavation permit application) within one mile of the site along the haul route must be notified in accordance with section 22- 111(a)(3)d. of this Code. Such property owners may request that the item be heard by the Board of County Commissioners at a public hearing. (d) Excavation permit criteria. Approval by the Engineering Services Director, or his designee, and the Board shall be granted only upon competent and substantial evidence submitted by the applicant, that: (1) The excavation will not interfere with the natural function of any sanitary, storm or drainage system, or natural flow way, whether public or private, so as to create flooding or public health hazards or jeopardize the functions of the natural resources and environment of Collier County. (2) Dust or noise generated by the excavation will not cause a violation of any applicable provisions of this article. Rock crushing operations or material stockpiles that will be adjacent to any existing residential area may require separate county approval. (3) The excavation will not adversely affect groundwater levels, water quality, hydroperiod or surface water flow ways. The county manager or designee may require the applicant to monitor the quality of the water in the excavation and adjacent ground and surface waters. Under no circumstances shall the excavation be conducted in such a manner as to violate Collier County or applicable State of Florida water quality standards. (4) The excavation will be constructed so as not to cause an apparent safety hazard to persons or property. (5) The excavation does not conflict with the growth management plan or land development regulations adopted pursuant thereto, nor does it conflict with existing zoning regulations. Special criteria and approval procedures may be necessary for projects within the Big Cypress Area of critical state concern. (6) In cases where a wetland is no longer capable of performing environmental functions or providing environmental values or in cases where it is determined that no reasonable alternative exists other than disrupting a wetland, certain alterations may be allowed, except as otherwise authorized through previous county review processes. (7) Flow of water within and through preserved wetlands shall not be impeded. (8) Appropriate sediment control devices (hay bales, silt screens, etc.) shall be employed to prevent sedimentation within the wetland pursuant to the design requirements of Section 10.02.02 of the Land Development Code. Any building site adjacent to a wetland and elevated by filling, must employ the same erosion control devices. Fill must be stabilized using sod, seed, or mulch. (e) Other permits required. All appropriate state and federal permits or approvals for work in jurisdictional areas shall be provided to the county manager or designee prior to issuance of an excavation permit. The excavation permit shall include authorization to remove vegetation within 20 feet of the lake control contour elevation and for the stockpile area. M Fees and guarantees. Upon Community Development and Environmental Services Administrator, or his designee, approval on behalf of the Board of County Commissioners, the applicant will, within 60 days of written notification from the Community Development and http: / /library.municode.com/HTML /10578 /level3/PTICO CH22BUBURE ARTIVEX.html 4/25/2012 ARTICLE IV. - EXCAVATION Page 5 of 18 Enviornmental Services Administrator or his designee, pay the required permit/review fee, and post, if required, the appropriate performance guarantee, in a format approved by the county attorney. Failure to pay the fees and post the guarantee within this time period shall constitute abandonment of the excavation permit application and will require complete reapplication and review in accordance with all requirements in effect at the time of reapplication, with the following exceptions: (1) Upon receipt of an applicant's written request with sufficient justification, as determined by the county manager or designee, and payment of a time extension fee, the county manager or designee may, one time only, authorize the extension of the permit issuance time for up to an additional 60 days. (2) All previously approved excavation permits that have yet to be issued by the county manager or designee become eligible for the above time extensions upon the effective date of this article. (g) Duration of excavation permits. (1) Private excavation and commercial excavation permits located in Estates zoning districts shall be valid for a period of 12 months from the date of issuance. If the work is not completed in that time, a second application, with a reapplication fee must be submitted to the county manager or designee, requesting up to an additional 12 months to complete the excavation. If the county manager or designee finds sufficient good cause to grant the request, a permit extension will be issued. (2) Commercial and development excavation permits will be of indefinite duration or until the excavation reaches the limits of the permitted size, provided the excavating operation remains active in accordance with the requirements of this article. Thirty (30) days prior to anniversary date of permit, an annual status report, a renewal fee, and a 12 month inspection fee, set by resolution, shall be required. (h) Excavation application time limit for review. Excavation application, once deemed complete and sufficient, will remain under review so long as a resubmittal in response to County reviewers' comments is received within 270 calendar days from the date on which the comments were sent to the applicant. If a response is not received within this time, the application for the excavation review will be considered withdrawn and cancelled. Further review of the project will require a new application and payment of new application fees subject to the then current regulations. (Ord. No. 04 -55, § 2.E.; Ord. No. 2006 -04, § 2) Sec. 22 -111. -Application requirements for excavation permits. -_ (a) Unless otherwise directed, one copy of all required application documents shall be submitted to the county manager or designee on a form to be supplied by Collier County. The application shall include, but not be limited to, the following information: (1) The name, address and telephone number of the applicant or his agent, and, if known, the excavator. (2) Proof of ownership, legal description and location of the property involved. A small location map, drawn on 8' /cinch by 11 -inch paper, shall accompany the application, clearly showing the location of the proposed excavation(s) in relation to commonly recognized landmarks. (3) A signed Excavation Application provided by the County and completed by the applicant or his agent which includes: http : / /Iibrary.municode.com/HTML /10578 /level3/PTICO_CH22BUBURE ARTIVEX.html 4/25/2012 ARTICLE IV. - EXCAVATION Page 6 of 18 a. A statement that he has read this article and agrees to conduct the excavation in accordance with this article, this Code and other county and state codes and laws. b. A statement of the purpose of the excavation and intended use of the excavated material. C. Exhibits prepared and sealed by the project's surveyor /engineer showing: 1 • The boundaries of the property. 2. Existing grades on the property. 3. The level of the mean annual high and low water table with supporting information relative to how elevations were determined. 4. The grades which will exist following the completion of the excavation. 5. The volume of the excavation as measured from the natural grade. 6. Easements, existing utilities, roads and setbacks, and zoning. 7. Drainage and flowways. 8. Aerial limits of any special site vegetation such as mangrove, cypress or other wetland species. 9. For development and all commercial excavations, logs of soil auger borings with field classification shall be provided, unless existing recent data is available and provided to the county manager or designee, for use in determining minimum and maximum depths and appropriate side slope configurations and evidence of any confining layers, (this latter to determine if on -site or adjacent wetlands are "perched ".) The depth of the soil auger borings shall extend to a point at least one foot below the proposed bottom elevation of the excavation, and shall be of at least the following density according to size of each excavation; zero to four and nine - tenths acres /two locations; five to nine and nine - tenths acres /three locations; ten acres or more /three locations plus one for each additional 20 acres or fractional part thereof. 10. For private excavations, two auger borings or a simple machine excavated hole to a depth of 13 feet below the wet season water table must be submitted. 11. For commercial excavations, the site must be posted with a notification of the date, time, and location of the public hearing before the board of county commissioners. 12. For commercial excavations located in Estates zoning districts, a list of homeowners and a map of all existing dwellings and dwellings under construction (i.e. having broken ground on the date of submittal of application) adjacent to the haul route, and one mile in any direction, must be submitted for notification to the Community Development Division Engineering Services Department along with envelopes having postage for two ounces and addressed to the owners of those dwellings or dwellings under construction. d. If the project is to be submitted to the Environmental Advisory Council, a list of the names and addresses, obtained from the latest official tax rolls; of all owners or owner associations of property within one -fourth mile of the excavation or on -site vehicle access route or within 300 feet of the property lines of the property on which the excavation is to be performed, whichever is http : / /library.municode.com/HTML /10578 /level3/PTICO CH22BUBURE ARTIVEX.html 4/25/2012 ARTICLE IV. - EXCAVATION Page 7 of 18 less, must be submitted to the Engineering Services Director or designee. The applicant shall also furnish the Engineering Services Director or designee with said owners' names and addresses on pre- addressed four inches by nine and one - half -inch envelopes with first class, plus one additional ounce, postage ready for mailing. e• Water management plan detailing methods for the conservation of existing on- site and off -site surface drainage systems and groundwater resources. Copies of an appropriate surface water management permit and /or water use permit (dewatering) as required and issued by the South Florida Water Management District shall be provided to the county manager or designee prior to commencing the excavation operation. t If excavated material will be removed from the property, and unless, due to site - specific circumstances, the requirement is waived by transportation operations director, a traffic and road impact analysis will be made by the applicant to address the following: 1 Identifying the project's zone of influence, that is, the distance from the site that traffic is either generated from or attracted to. 2. The existing condition of the road system within the excavation project's zone of influence. 3. The capacity of the road system within the zone of influence to handle existing traffic, normal growth in the traffic, and additional traffic generated from the excavation project in consideration of the time frame of the traffic generation and the wheel loadings of such traffic. 4. The site - specific road work within the zone of influence which is necessary prior to the start of the project and which will be necessary during the project so as to assure that premature road failure and /or severe road damage will not occur. 5. Road work to be undertaken by the applicant to mitigate adverse road impacts along with confirmation of the security, if applicable, to be provided by the applicant to assure completion of the identified road work. Any and all security and /or performance guarantee required in excess of $100,000.00 as set forth in the road use analysis shall be secured or guaranteed prior to Excavation permit issuance. Should there not be concurrence by transportation operations director and the applicant, about the improvements, maintenance, performance guarantee and /or other requirements on the part of both parties based on the road impact analysis, the permit application along with applicable information shall be subject to review and recommendation by the Collier County Planning Commission followed by review and action by the board. 9• The permittee may provide a phasing plan whereby the required performance guarantee may be reduced provided that security requirements are met in the first phase. No excavation shall take place in future phases until either the first phase is completed and approved by Collier County or additional security requirements are provided for the future phase(s) of work. Performance guarantees for platted lakes shall be in an amount equal to the engineer's certified construction estimate. h. http: / /library.municode.con VHTN L /10578 /level3/PTICO_CH22BUBURE ARTI VEX.htinl 4/25/2012 ARTICLE IV. - EXCAVATION Page 8 of 18 Should blasting be necessary in conjunction with the excavation, all blasting shall be done under an approved Collier County user /blaster permit with no overburden removed prior to blasting from the area planned for excavation unless otherwise approved by the county manager or designee. Said permits shall be obtained from the Collier County Engineering Services Department. Should approval for blasting not be granted to the applicant, the applicant shall remain responsible to meet any and all requirements of an approved excavation permit unless the subject excavation permit is modified in accordance with this article. If trees are to be removed as a result of the excavating operation, a simultaneous submittal shall be made to the Environmental Services Department. Approval by Environmental Services staff will constitute a permit for removal of the vegetation when the excavation permit is granted. If the application is made by any person or firm other than the owner of the property involved, a written and notarized approval from the property owner shall be submitted prior to processing of the application. (Ord. No. 04 -55, § 2.E.; Ord. No. 2006 -04, § 3) Sec. 22 -112. - Construction requirements for excavations. All requirements of the South Florida Water Management District, Permit Information Volume IV, along with the following requirements, shall apply to all excavations. (1) Setbacks. Excavations shall be located so that the control elevation contour of the excavation shall adhere to the following minimum setback requirements: Exception, where an excavation crosses common parcel or property lines, the setback requirements are exempt at the contiguous property lines. a. Fifty feet from the right -of -way line or easement line of any existing or proposed, private or public, street, road, highway or access easement. Exceptions to the above - referenced setbacks may be developed and shall be subject to final approval by the development services administrator or his designee. Said exceptions shall be based upon recognized standards for traffic engineering and road design (AASHTO and /or Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, State of Florida) and shall incorporate such factors as road alignment, travel speed, bank slope, road cross section, and need for barriers. However, lakes immediately adjacent to "T intersections" shall be located based on a specific design analysis by the applicant's engineer which provides for safety and traffic considerations at the intersection. b. Fifty feet from side, rear, or abutting property lines, except where the excavation is located in agriculturally or industrially zoned districts abutting a residentially zoned district, the setback shall be 100 feet from the residentially zoned property. Exceptions to these setbacks may be granted if the following criteria are met: installation of proper fencing (minimum six feet chain link), berms, walls, or other engineered protective measures for the portion of the property line within 100 feet of the lake. The minimum setback from any property line to the control elevation contour shall be 20 feet. C. From jurisdictional wetlands setbacks will be determined using standards set by SFWMD or the Department of Environmental Protection, as applicable. http : / /Iibrary.municode.com/HTNE/ 10578 /level3 /PTICO_CH22BUBURE ARTIVEX.html 4/25/2012 ARTICLE IV. - EXCAVATION Page 9 of 18 (2) Side slopes. The finished side slopes of the excavated area, expressed as the ratio of the horizontal distance in feet to one foot of vertical drop, shall be as follows: A maximum four to one slope shall be graded from the existing grade to a breakpoint at least ten feet below the control elevation. Below this breakpoint, slopes shall be no steeper than two to one. a• All governing side slopes shall be considered from 20 feet outside the control elevation contour of the resulting excavation. b• If rock, homogenous to the bottom of the excavation, is encountered at any elevation above the breakpoint, then the remaining slope below the breakpoint shall be no steeper than 0.5 to one. If said homogenous rock is encountered below the breakpoint, then the slope below the breakpoint shall be no steeper than two to one to the rock elevation, and no steeper than 0.5 to one from the rock elevation to ten feet below the control elevation. C. In the event that property where a commercial or exempt agricultural excavation was previously excavated is rezoned /developed for uses other than agriculture, the excavation shall be modified to the standards for development excavations in accordance with the requirements of subsection-22-112(b) or other criteria as may be more stringent. d• Exceptions to the side slope requirements that may be justified by such alternatives as artificial slope protection or vertical bulkheads shall be approved in advance by the Engineering Review Services Department Director, where justification shall be documented in a design analysis prepared by a professional engineer registered in the State of Florida. Bulkheads may be allowed for no more than 40 percent of the shoreline length. Exception to the breakpoint depth may be granted by the Engineering Services Department based on historical water elevation data. e. No building construction permits will be issued for any proposed construction around the perimeter of any excavation where the minimum clearance between the excavation top -of -bank and the proposed building foundation is less than 30 feet, unless and until all side slopes adjacent to the proposed construction have been completed and approved by the county manager or designee. Exceptions to this requirement will be made in those instances where the perimeter of the excavation will be bulkheaded in accordance with the provisions of subsection 22- 112(b)(4). (3) Depths. Unless site conditions, water quality or soil information indicates otherwise, the excavation depths as measured from the permitted control elevation shall be as follows: a• Maximum. Private and development excavations shall not exceed 20 feet in depth unless computations using the "fetch formula" of maximum depth = 5 feet + (0.015) x (mean fetch in feet) indicate that deeper depths are feasible. The mean fetch shall be computed as follows: (A +B)/2 where "A" is the average length parallel to the long axis of the excavation and "B" is the average width of the excavation as measured at right angles to the long axis. Commercial excavations shall not exceed 20 feet in depth unless otherwise supported by the "fetch formula ", or if it can be shown from a comparative water quality study that depths in excess of 20 feet will not, because of aquifer conditions or relative location to coastal saline waters, have a detrimental effect on the groundwater resources in the surrounding area. http: / /library.municode.com/HTML/ 10578 /level3/PTICO_CH22BUBURE ARTIVEX.html 4/25/2012 ARTICLE IV. - EXCAVATION Page 10 of 18 b. Minimum. In order to assure that unsightly conditions or undesirable aquatic growth will not occur in wet retention areas during the dry season of the year, the bottom elevation of these excavations shall be at least six feet below dry season water table, unless the portion of the lake in question is a littoral zone planting area. C. Over- excavation. In those instances where the excavator over - excavates the depth of the excavation by more than an average of ten percent, written justification shall be submitted to the county manager or designee by the project's surveyor /engineer providing an assessment of the impact of the over - excavation on the water quality of the excavation. If, upon review of the assessment statement by the county manager or designee and Environmental Advisory Council, the increased depth is found to be unacceptable, the permittee shall be required to fill the excavation to the permitted depth with materials and methods approved by the county manager or designee. If the depth is deemed acceptable by the county manager or designee and approved by the environmental advisory council, a. penalty will be against the permittee for the volume of over - excavated material. The penalty shall be set by resolution for each additional cubic yard of excavated material. (4) Fencing. If, at any time, the county manager or designee finds that the location and conditions of an excavation are not in, or able to be brought into, compliance with all requirements of this article, the excavation shall be buffered with a minimum of a six - foot -high fence with "No Trespassing" signs as deemed appropriate by the county manager or designee to deter passage of persons. (5) Hours of operation. Hours of equipment and blasting operations shall be regulated by appropriate county ordinance and state laws. Unless otherwise approved by the county manager or designee, all excavation operations with the exception of dewatering pumps, which are within 1,000 feet of developed residential property, shall be limited to operating hours between 7:00 a.m. and 5:00 p.m., Monday through Saturday. Hours of operation for private and for commercial excavations located in Estates zoning districts shall be 7:00 a.m. to 5:00 p.m., Monday through Friday. Additionally, such excavation operations shall be in compliance with any and all county ordinances which establish operating controls by hours, days, noise level, or other parameters relating to public health, safety and welfare. (6) Restoration. Upon completion of the excavation operation, the subject property shall be restored as required by the 1986 State of Florida Resource Extraction Reclamation Act (F.S. ch. 378, pt. IV). Reclamation shall mean the reasonable rehabilitation of the total disturbed area where the resource extraction has occurred, and shall meet the reclamation performance standards established by the state. All disturbed areas, including the excavation side slopes above the control elevation contour and a 20 -foot wide area around the entire perimeter of the excavation, measured from the control elevation contour, shall be sodded or fertilized and seeded with a quick -catch seed variety approved by the county manager or designee within 60 days of the final side slope shaping in order to minimize the potential for erosion. (7) Discontinuance of operations. If the excavating operation is inactive for a period of 90 consecutive days, except due to strikes or acts of God, all side slopes, including the working face, shall conform with this article and a report so stating, prepared and sealed by the project's surveyor /engineer shall be submitted to the county manager or designee. Recommencement shall also be reported to the county manager or designee. If the excavating operation is never started or if discontinued for a period of http: / /library.municode. corn/ HTN4L /105781level3lPTICO_CH22BUBURE ARTIVEX.html 4/25/2012 ARTICLE IV. - EXCAVATION Page 11 of 18 one year, that permit is void unless a written request is made by the permittee with sufficient justification for a time extension in which case the county manager or designee may authorize a permit extension for up to 180 days. A new permit must be approved prior to commencement. (8) Non -water management system lakes. Non -water management system lakes of a surface area of one acre or less, may be riprapped along their entire shoreline under the following conditions: a• Side slopes shall be no steeper than a ratio of two to one. b• Littoral shelf areas must conform to section 3.05.10 of the Land Development Code. C. Riprapping must extend down to the slope breakpoint required by subsection 22- 112(2). d• The lake shall have protective barriers to prevent vehicular access where necessary. e• The lake shall meet all of the design requirements of this article and section 3.05. 10 of the Land Development Code. (9) Amendments to approved excavations. Substantial changes to any approved excavation permit, (i.e. changes resulting in an increase of 20 percent or more in excavated volume resulting in less than 50,000 additional cubic yards), must be submitted to the Engineering Services Department for review and approval, with such approval granted in writing prior to commencement of any proposed change. Littoral shelf areas must conform to section 3.05.10 of the Land Development Code. Failure to comply with the permit requirements shall be cause for the county manager or designee to issue stop work orders on all excavation related activities taking place or planned for the subject property. Insubstantial changes shall not require prior written approval and shall include reductions in surface area not affecting water management design quantities of material to be removed. A written description of proposed insubstantial change (including an illustrated as -built as per the excavation permit) to any approved excavation shall be submitted in writing to the Engineering Services Department. (10) Special requirements for commercial excavations located in Estates zoning districts are as follows: a• Commercial excavations must be authorized by a conditional use permit for the parcel(s) where the excavation occurs. b. Conditional uses and excavation permits expire after one year, with a provision for one additional one -year extension upon payment of renewal and inspection fees. C. Blasting will not be permitted. If test holes show that rock is less than 12 feet from the original grade, removal methods must receive staff approval. d• Hours of operation for digging and /or off -site hauling will be 7 :00 a.m. to 5:00 p.m., Monday through Friday. e• All areas disturbed as a result of fill storage must be seeded and mulched upon completion of construction. Prior to release of the performance bond, the planted seed must reach a height of six inches. Rye grass is acceptable for this purpose. f. Lake location and size. For parcels five acres in size and smaller, the surface of the lake can occupy a maximum of 40 percent of the lot area. http : / /Iibrary.municode.com/HTML /10578 /level3/PTICO_CH22BUBURE ARTIVEX.html 4/25/2012 ARTICLE IV. - EXCAVATION Page 12 of 18 For parcels over five acres and up to ten acres, the surface area of the lake can occupy a maximum of 45 percent of the lot area. For parcels over ten acres, the surface area of the lake can occupy a maximum of 50 percent of the lot area. Finished lakes shall be irregularly shaped with no comers less than 40 feet in radius, and must otherwise conform to section 5.05.08 of the Land Development Code. Setbacks less than 50 feet from control elevation contour to property line are allowed if proper fencing (72 inches high and "childproof') is used. Under no circumstances will a setback of less than 20 feet from control elevation contour to property line be allowed. There shall be no exceptions to the 50 foot front yard setback from the road right -of -way line. 9- Depths. Commercial excavations located in Estates zoning districts shall not exceed 20 feet in depth. The minimum depth shall be 6 feet below low water at the middle of the excavation. See subsection 22- 112(1) for exceptions. h• Sideslopes shall be no steeper than one foot vertical to four feet horizontal to a depth of ten feet below control elevation and may be as steep as one foot vertical to two feet horizontal below that elevation. Exception to the breakpoint depth may be granted by the Engineering Services Department based on historical water elevation data. Building envelope. A minimum one -acre building envelope is required. The envelope shall be contiguous, rectangular in shape, and may extend to the property lines and include setbacks. The minimum dimension of any side of the rectangle shall be 150 feet. j• Stockpiles. The stockpile area may occupy the future homesite. Proper erosion control and sediment measures (meeting PDES standards) must be used at the stockpile site. k. Littoral zone plantings must conform to section 3.05.10 of the Land Development Code. Federal and state agency permits. Any excavation in an area containing SFWMD (Southwest Florida Water Management District), DEP (Department of Environmental Protection) or USACE (United States Army Corps of Engineers) jurisdictional vegetation must obtain a permit from the applicable agency prior to issuance of the excavation permit. (11) Erosion control. Upon completion of any lake construction, a silt fence must be installed around all portions of the lake which are contiguous to proposed new construction. Portions of the silt fence may be removed after the new construction (i.e. residences, roads, drainage) adjacent to that section of silt fence has been approved. Alternate means of erosion control, meeting federal and state standards, may be approved by the Engineering Services Director, or designee, upon submittal of a plan showing the proposed erosion control method. (Ord. No. 04 -55, § 2.E.; Ord. No. 2006 -04, § 4) Sec. 22 -113. - Inspection and reporting requirements. (a) Inspection. (1) http: / /library.mumcode.corn/HTM 1105781level3lPTICO_CH22BUBUR,' ARTIVEX.html 4/25/2012 ARTICLE IV. - EXCAVATION Page 13 of 18 Collier County personnel, having given reasonable advance notice, shall have the right to enter the property permitted for excavation and to carry out monthly inspections of the excavation site, which may include the collection of water samples to determine compliance with the provisions of this article and any special conditions attached to the excavation permit as issued by Collier County. (2) Upon reasonable notice from Collier County personnel that an inspection is to be conducted, which requires the assistance and /or presence of the permittee or his representative, the permittee or his representative shall be available to assist and /or accompany county personnel in the inspection of the excavation site. (3) Collier County personnel are not obligated to carry out a detailed topographic survey to determine compliance with this Article. Upon a finding of violation of this Article or the special conditions of the excavation permit, the county manager or designee shall advise the permittee in writing by certified letter. The permittee shall, within 15 days of receipt of such notice, have either the violation corrected or submit in writing why such correction cannot be accomplished within the 15 -day period. Such written communication shall also state when the violation is to be corrected. If, in the opinion of the county manager or designee, the delay in correcting the violation is excessive, he may recommend to the board that the excavation permit be temporarily suspended or permanently revoked. Upon correction of the violation, the permittee may be required by the county manager or designee to have an appropriate report, letter and /or survey, whichever is applicable, prepared, sealed and submitted to Collier County by the project's engineer /surveyor. Failure to do so shall be cause for revoking the permit. (4) Monthly inspections by county personnel will be conducted for all commercial, development, and private excavations. (b) Reporting. (1) Status reports. The permittee shall provide the community development and environmental services administrator, or his designee, with an excavation activities status report as follows: a. Private and commercial excavations located in Estates zoning district. A final status report within 30 days after the final completion of the excavation. b. Development and commercial excavations. An annual status report every 12 months over the duration of the permit and a final status report within 30 days after the final completion of each phase of the excavation. If a final status report will be filed within four months of the required annual status report, then the need for the preceding annual status report shall be waived. The final status report shall consist of no less than the following information, and such other information as may be deemed necessary by the community development and environmental services administrator, or his designee, to accurately determine the status of the excavation, its compliance with this Article and the special conditions of the excavation permit: 1- A sealed topographic survey prepared by the project's surveyor /engineer, containing the following: a) A base line along the top of the perimeter of the excavation, clearly referenced to known points and adjacent property or tract lines, if appropriate, with right angle cross sections taken which clearly show the as -built side slope and depth of the excavation at each station. Unless otherwise approved by the county manager http : / /Iibrary.inunicode.conVHTML /10578 /level3 /PTICO_CH22BUBURE ARTIVEX.html 4/25/2012 ARTICLE IV. - EXCAVATION Page 14 of 18 or designee, cross sections shall be taken every 100 feet on excavations five acres or less, and every 300 feet on excavations over five acres. Partial cross sections showing the as -built side slopes will be necessary on the ends of the excavation and around the perimeter of the excavation where due to its irregular shape, the base line right angle cross sections do not accurately depict the actual constructed slopes. The cross section survey data shall be plotted at an appropriate scale and the as -built side slope ratio computed for each of the segments between the survey data points. The approved design cross section, including the breakpoints, shall be superimposed on each as -built cross section to facilitate visual verification of substantial compliance with provisions of this article. Side slopes shall be graded to within a reasonable tolerance as will be determined by the county manager or designee, depending upon local site conditions. b) On all planned unit development or subdivision projects, the outline of the excavation's top -of -bank shall be accurately plotted and referenced to known control points in order that: i) The surface area can be verified as meeting size and retention /detention storage needs. The computed surface area at control elevation shall be shown to the nearest tenth of an acre. ii) It can be determined that the excavation was constructed within easements dedicated for that purpose. C) Calculation of value of excavated material as follows: Cubic yards used on site + Cubic yards removed from site + Cubic yards remaining on site in stockpiles = Total cubic yards excavated. 2. A certification from the project's surveyor /engineer stating that they have visually inspected all dikes around any dewatering storage areas, if any, and have alerted the permittee of any apparent weak spots or failures which shall be promptly corrected by the permittee to assure that there will be no potential for dike rupture that would cause off -site flooding. 3. A certification from the project's surveyor /engineer shall accompany all final completion status reports stating that, based on their observations and surveys, all work on the excavation(s) was completed within reasonably acceptable standards of this article and any special stipulations placed upon the excavation permit. 4. The annual status report shall consist of no less than the following information, and such other information as may be deemed necessary by the community development and environmental services administrator, or his designee, to accurately determine the status of the excavation, its compliance with this article and the special conditions of the excavation permit: a) An annual aerial photograph with a scale of no less than one -inch equals 200 feet. b) Depth of excavation soundings taken on a 300 -foot grid. c) The property lines of the commercial excavation site as shown on an aerial photograph. http: / /Ilbrary.municode.comiHTML /10578 /level3 /PTICO_CH22BUBURE ARTIVEX.html 4/25/2012 ARTICLE IV. - EXCAVATION Page 15 of 18 d) At the completion of any lake or phase of the excavation permit, a sealed topographic map by the project surveyor /engineer shall be submitted in conformance to the preceding subsection 22- 113(b) (1) b.1.a). (Ord. No. 04 -55, § 2.E; Ord. No. 2006 -04, § 5) Sec. 22 -114. - Fees. (a) Application fee. A nonrefundable and nontransferable application fee shall be paid at the time of application for private, commercial or development excavation permits to cover the costs of processing the application. Should a road impact analysis be required in accordance with subsection 22- 111(a)(3)f. of this article, the application fee shall be increased to cover the cost of the road impact analysis. (b) Permit/review fee. Within 60 days after approval notification and prior to its issuance, an additional nonrefundable and nontransferable permit/review fee shall be paid to cover the cost of the project and plan reviews. (c) Time extension fee. Each written request for the extension of permit issuance time shall be accompanied by a nonrefundable time extension fee to cover the costs of processing the request and the county manager or designee shall not consider the request received until this extension fee is paid in full. (d) Reapplication fee. If a private excavation is not completed within a 12 -month period, a second application and a nonrefundable reapplication fee must be submitted to the county manager or designee. (e) Annual renewal fee. Annual status reports filed on development or commercial excavations shall be accompanied by an annual nonrefundable renewal fee to cover the cost of reviewing the annual status report. (f) Monthly inspection fee. A monthly inspection fee, paid in.advance for 12 months, and due prior to issuance of a permit and then due 30 days prior to the anniversary date of the permit, shall be required for all private, development, and commercial excavations. If the excavation is completed and approved with monthly inspection fees remaining, the remaining fees will be returned. (g) All fees required by this Ordinance shall be set by resolution. (Ord. No. 04 -55, § 2.E.; Ord. No. 2006 -04, § 6) Sec. 22 -115. - Performance guarantee requirements. _ (a) Upon approval of any commercial or development excavation permit, but prior to the issuance thereof, the applicant shall, after notification that the permit has been approved, execute an excavation performance security agreement stating that the applicant will comply with the provisions of this article and the permit. Governmental entities shall be exempt from this requirement except for independent special- purpose government such as a community development district (CDD). Excavation performance security shall be required of an independent special - purpose government in accordance with subsection 22- 115(x)(3). The excavation performance security agreement shall be guaranteed by one of the following three methods: (1) Excavations performed in conjunction with a planned unit development or subdivision development where excavated materials are not removed from the boundary of the development and the plan for revised topography has been approved by the county manager or designee may be guaranteed by a subdivision completion bond in http: // library. municode. com/ HTML /105781level3lPTICO_CH22BUBURE ARTIVEX.html 4/25/2012 ARTICLE IV. - EXCAVATION Page 16 of 18 accordance with Chapter 10 of the Land Development Code governing the final platting of a subdivision. (2) All other excavations shall, within 60 days after approval notification, have their performance guaranteed by: (a) a cash deposit or certificate of deposit assigned to the Board of County Commissioners, (b) an irrevocable letter of credit or surety bond. Unless otherwise approved by the county manager or designee, certificate assignments or letters of credit shall be documented on forms to be provided by Collier County. The performance guarantee posted for on -site excavation activities shall be in an amount of no less than $25,000.00, nor more than $1,000,000.00 computed at the rate of $20.00 for sand and $100.00 for rock per foot of total lake bank perimeter to be excavated to ensure compliance with the provisions of this article, but such performance guarantee shall not act to limit any guarantees required for off -site road impacts that may be necessary in accordance with subsection 22 -111 (a)(3)f. The County may require the performance guarantee posted for on -site excavation activities to be recomputed at any time during the project construction for completed, approved lakes and /or the addition of lake bank perimeter. The recomputed rate shall not be less than $25,000.00, nor more than $1,000,000.00. This performance guarantee shall not be returned until the final approval of the excavation has been granted. (3) The excavation performance security for an independent special - purpose government such as a community development district (CDD) shall be in the following form: a. Funds held by the bond trustee for a community development district which are designated for excavation improvements. The CDD shall enter into an excavation performance security agreement with the county in a form acceptable to the county attorney. The excavation performance security agreement shall provide that: (a) all permits required for the construction of the excavations(s) shall be obtained by the CDD prior to excavation permit issuance by Collier County, (b) the project as defined in the CDD's bond documents must include the excavation improvements and cannot be amended or changed without the consent of the county, and (c) the developer shall be required to complete the excavation improvements should the CDD fail to complete same. (b) The performance guarantee shall be executed by a person or entity with a legal or financial interest in the property and shall remain in effect until the excavation and the requirements of section 3.05.10 of the Land Development Code are completed in accordance with this article. Performance guarantees may be recorded in the official records of the county and title to the property shall not be transferred until the performance guarantee is released by the county manager or designee. (c) All performance guarantees shall be kept in continuous effect and shall not be allowed to terminate without the written consent of the county manager or designee. (d) Should the county find it necessary to utilize the performance guarantee to undertake any corrective work on the excavation, or to complete the excavation under the terms of this article, or to correct any off -site impacts of the excavation, the permittee shall be financially responsible for all legal fees and associated costs incurred by Collier County in recovering its expenses from the firm, corporation or institution that provided the performance guarantee. (Ord. No. 04 -55, § 2.E.; Ord. No. 2006 -04, § 7) http: / /library.municode.comJHTML/ 10578 /level3 /PTICO_CH22BUBURE ARTIVEX.html 4/25/2012 ARTICLE IV. - EXCAVATION Page 17 of 18 Sec. 22 -116. - Appeals. All actions of the county manager or designee shall, if at all, be appealed to the board. Any applicant who is aggrieved by the action of the board relative to the issuance of a permit, or any person adversely affected by the issuance of a permit may challenge said action or issuance by appropriate action in a tribunal or court of competent jurisdiction within 30 days from the date of said issuance or action. Failure to file an appropriate action within the prescribed time limit shall operate as a bar to, and waiver of, any claim for relief. (Ord. No. 04 -55, § 2.E.; Ord. No. 2006 -04, § 8) Sec. 22 -117. - Penalties and enforcement. In addition to the over - excavation penalty provided in subsection-22-112(3)(c), any person who violates any section of this article shall be prosecuted and punished as provided by F.S. § 125.69. Each day a violation exists shall be considered a separate offense. The board or any persons whose interests are adversely affected may bring suit, in the Circuit Court of Collier County, for damages or to restrain, enjoin or otherwise prevent the violation of this article. The county manager or designee is vested with the authority to administer and enforce the provisions of this article and is authorized to take action to ensure compliance with, or prevent violation of, the provisions of this article, and shall have authority to issue administrative stay orders. Failure to file timely status reports with accompanying permit renewal fees and inspection fees, or failure to keep the performance guarantee in continuous effect shall be cause for the county manager or designee to issue stop work orders on all improvements or planned improvements for the subject property. (Ord. No. 04 -55, § 2.E.; Ord. No. 2006 -04, § 9) Sec. 22 -118. - Severability. It is the intention of the board that each separate provision of this article shall be deemed independent of all other provisions herein, and it is further the intention of the board that if any provisions of this article be declared to be invalid, all other provisions thereof shall remain valid and enforceable. (Ord. No. 04 -55, § 2. E.) Sec. 22 -119. - Compliance with state and federal permits. L'L' The issuance of a permit in accordance with the provisions of this article is not intended to preclude the right or authority of any other federal or state agency from requiring separate permits in accordance with rules and regulations of that agency. In a case where multiple permits are required, the most stringent stipulations and requirements of each permit shall govern the work permitted under this article. (Ord. No. 04 -55, § 2.E.; Ord. No. 2006 -04, § 10) Sec. 22 -120. - Variances. (a) Any person who is affected by the lake location and sizing requirements of this subsection may make application to the County Manager, or his designee, for a variance if strict compliance with this subsection will impose a unique, unnecessary and inequitable hardship on the person or the affected property. Relief may be granted only upon submitted proof that http : / /library.municode.com/HTNM/ 10578 /level3 /PTICO_CH22BUBURE ARTIVEX.html 4/25/2012 ARTICLE IV. - EXCAVATION Page 18 of 18 9 such hardship is peculiar to that person or that affected property, the problem is not self - imposed, and that the granting of the variance would be consistent with the general intent and purpose of this sections and the variance is the minimum variance necessary to eliminate the hardship. (�) The County Manager, or his designee, is the only person authorized to grant or deny variances for the lake location and sizing requirements. The County Manager, or his designee should render a decision on the variance request within ten working days after actual receipt of a complete application. Denial of a variance request may be appealed to the Board of Zoning Appeals within ten working days of actual receipt by the applicant of the decision of the County Manager, or his designee on the initial request. (2) An application for variance, and /or the granting of a variance, shall operate prospectively and shall not affect any then pending enforcement action against the property owner pursuant to the provisions of this subsection or otherwise. (Ord. No. 2006 -04, § 11) Secs. 22- 121 -22 -160. - Reserved. FOOTNOTE(S): (36) Editor's note— Ord. No. 04 -55, § 2.E, provided for the relocation of former LDC division 3.5, except §3.5.11, as article IV, §§ 22- 106 -22 -119. (Back) http: // library. municode. com/ HTML 1105781level3lPTICO_CI422BUBURE ARTIVEX.htrnl 4/25/2012 DEVELOPER AGREEMENT NAPLES RESERVE THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this of , 2012, by and among SFI NAPLES RESERVE, LLC, a foreign limited liability company (hereinafter referred to as the "Developer ") and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County "). All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13, as amended. RECITALS: WHEREAS, the Developer is seeking to amend the Naples Reserve Golf Club PUD, Ordinance No. 99 -42, as amended by Ordinance No. 07 -71; and WHEREAS, the parties wish to enter into this Developer Agreement as a companion document to the amended PUD for the limited purpose of defining certain transportation impact fee issues, as more particularly set forth below; and WHEREAS, the County is willing to enter into this Agreement in order to assist in the improvement of the US 41 from Collier Blvd. to San Marco Road (CR 92) ( "Road Project "). The intersection phase of this Road Project is scheduled to commence in 2013 and the remaining phases are approaching 100% complete road plans; and WHEREAS, the Transportation Administrator of the County has recommended to the Board of County Commissioners that the Road Project set forth in this Agreement is in the conformity with the contemplated improvements and additions to the County's transportation network; and WHEREAS, after reasoned consideration by the Board of County Commissioners, the Board finds and reaffirms that: a. The Road Project is in conformity with the contemplated improvements and additions to the County's transportation system; b. The Road Project, viewed in conjunction with other existing or other proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth- necessitated capital improvements and additions to the County's transportation system; and C. The Road Project is consistent with both the public interest and with the comprehensive plan, the Long Range Transportation Plan and complies with the requirements of the Collier County Consolidated Impact Fee Ordinance. Attachment E WITNESSETH NOW, THEREFORE, in consideration of Ten Dollars (10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Developer agrees to prepay road impact fees totaling $4,000,000 in two installments of $2,000,000 each. Separate installments shall be paid to Collier County on January 15, 2013 and January 15, 2014. By written agreement signed by both parties, the installment timing may be adjusted in order to align with the County's construction schedule for phases of the Road Project. The intersection phase of this Road Project is scheduled to commence in 2013 and the remaining phases are approaching 100% complete road plans. 3. To assure payment, no later than 30 days following approval of the PUD amendment, Developer shall provide County with a Letter of Credit in the form set forth in Exhibit A. The Letter of Credit must be by a financial institution acceptable to Collier County. As an alternative, the Developer can pay the sum of $4,000,000 to the Clerk of Courts, with any interest generated accruing to the Clerk. The Clerk shall release the funds to the County on receipt of a document purportedly signed by the County Manager certifying that the installment is due on the date and in the amount specified in the Developer Agreement, or as adjusted by written agreement signed by both parties. Developer agrees that any claim by Developer resulting from or in any manner concerning the release of these escrowed funds will be against the Collier County Board of County Commissioners only, and will not involve the Clerk. 4. On June 14, 2011, the Board adopted Ordinance No. 2011 -20, which amended the Consolidated Impact Fee Ordinance to provide that a Certificate of Public Facility Adequacy ( "Certificate ") will be issued upon payment of thirty -three percent of the estimated road impact fees. Payment of $4,000,000 in Road Impact Fees surpasses thirty -three percent of the estimated road impact fees based on current rates for the 1,154 dwelling units authorized in the amended PUD document. Upon providing the letter of credit or depositing the money with the Clerk of Courts, Developer shall receive a Certificate vesting the Development to construct the approved 1,154 dwelling units for the purposes of meeting the County's Transportation Concurrency requirements. 5. The following conditions shall apply: A. Developer will be required to pay all road impact fees to obtain building permits for the first 300 dwelling units. B. Commencing with the 301St dwelling unit, the Developer may apply the prepaid road impact fees toward the road impact fees due for building permits until the prepaid amount of $4,000,000 is utilized by the Developer. C. Once the prepaid amount of $4,000,000 is fully exercised, the Developer will pay any remaining applicable road impact fees to obtain further building permits. 6. The credit for Road Impact Fees identified herein shall run with the Development and shall be reduced by the entire amount of each Road Impact Fee due for each Building Permit issued thereon until the Development project is either completed or the credits are exhausted or otherwise no longer available, or have been assigned by operation of or pursuant to an assignment agreement with County. The foregoing reduction in the Road Impact Fees shall be calculated based on the amount of the Road Impact Fees in effect at the time the Building Permit is issued. The credits set forth herein shall be applied solely to Road Impact Fees, and shall not offset, diminish or reduce any other charges, fees or other Impact Fees for which Developer, its successors and assigns are responsible in connection with the development of their lands. It is expressly understood that the Impact Fee Credits will be utilized in the order in which the Building Permits are reviewed by the Impact Fee Administration, irrespective of whether Developer assigns all or part of the Development. Final calculation of the remaining road and other impact fees due will be based on the impact fee schedule in effect at the time of the submittal of the building permits and shall be paid in full prior to issuance of each building permit. 7. In the event that upon build -out of the Development the Road Impact Fee Credits are still unspent, the remaining balance of such estimated fees may, at Developer's election (1) be transferred to another approved project within the same, or adjacent transportation impact fee district, provided any vested entitlements associated with the unspent and transferred impact fee credits are relinquished and the Certificate is modified to delete those entitlements, or (2) be reimbursed to Developer. Any future reimbursement for excess credits shall come from future receipts by the County of Road Impact Fees, and shall be paid over a period of five years from the date of completion of the Development as determined by the County, subject to annual appropriation by the County. Legal Matters 8. This Agreement shall not be constructed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 9. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. 10. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner or its successors or assigns, of the necessity of complying with any law, ordinance rule or regulation governing said permitting requirements, conditions, terms or restrictions. 11. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a many which best reflects the intent of this Agreement. 12. Developer shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the Effective Date. Developers shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Developers upon request. 13. In the event of any dispute under this Agreement, the parties shall attempt to resolve such dispute first by means of the County's then- current Alternative Dispute Resolution Procedure, if any. Following the conclusion of such procedure, if any, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, and remedy being cumulative with any and all other remedies available to the parties for the enforcement of the Agreement. 14. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted hereunder (including County's option) shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: To County: To Developer: Collier County Manager's Office SFI Naples Reserve LLC 3299 Tamiami Trail East, Suite 202 c/o Istar Financial Naples, FL 34112 -5746 1114 Avenue of the Americas 39a' Floor New York, NY 10036 15. This Agreement, together with the amended PUD, constitutes the entire agreement between the parties with respect to the activities noted herein and supersedes and takes the place of any and all previous agreements entered into between the parties hereto relating to the transactions contemplated herein. All prior representations, undertakings, and agreements by or between the parties hereto with respect to the subject matter of this Agreement are merged into, and expressed in, this Agreement, and any and all prior representations, undertakings, and agreements by and between such parties with respect thereto hereby are canceled. 16. Nothing contained herein shall be deemed or construed to create between or among any of the parties any joint venture or partnership nor otherwise grant to one another the right, authority or power to bind any other parry hereto to any agreement whatsoever. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA , Deputy Clerk AS TO DEVELOPER: Signed, sealed and delivered in the presence of: Signature Printed Name Signature Printed Name STATE OF FLORIDA COUNTY OF COLLIER By: FRED COYLE, Chairman SFI NAPLES RESERVE LLC a foreign limited liability company By:_ Name: Title: The foregoing instrument was acknowledged before me this day of 2012, by , as of SFI Naples Reserve LLC, a foreign limited liability company, who is personally known to me or has produced as identification. Notary Public My Commission Expires: Approved as to form and legal sufficiency. Jeffrey A. Klatzkow, County Attorney AGENDA ITEM 9 -D Co bier County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: JUNE 7, 2012 SUBJECT: PUDA- PL20100001551: PARKLANDS PUD [COMPANION TO DOA - PL20100001550: PARKLANDS DRI] PROPERTY OWNER & APPLICANT /AGENT: Owner /Applicant: Agents: Kevin Ratterree Robert L. Duane, AICP R. Bruce Anderson, Esquire Parklands Associates I, LLLP Hole Montes, Inc. Roetzel & Andress, LPA 1600 Sawgrass Corp. Pkwy, Suite 400 950 Encore Way 850 Park Shore Drive Sunrise, FL 33323 Naples, FL 34110 Naples, FL 34103 REQUESTED ACTION: The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for an amendment to the existing PUD zoned project known as The Parklands Residential Planned Unit Development (RPUD), to approve several changes to the project. For details about the project proposal, refer to "Purpose /Description of Project." GEOGRAPHIC LOCATION: The subject 642.34± -acre property is located east of Quail West and south of the Lee - Collier line in Section 9, Township 48 South, Range 26 East, Collier County, Florida, (See the map on next page for details) PURPOSE/DESCRIPTION OF PROJECT: The Parklands Development of Regional Impact (DRI) is located in Lee and Collier Counties. The Lee County portion is developed as the Palmira Golf and Country Club. 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X wv Q°p�°m e X a IF /x�; ana isatA ffvna W a Wa c: w 1 i a- 0 a a o o_ o � o N Z Q J a cr W F- U Q f. m Q i< F W a w U Z O Wo U I�OO�n g jlf. a. .ap., = Z5LL$ t a w° F� S w _+ O Z no SN portion of the Parklands PUD /DRI is undeveloped. The subject property has previously been used for agricultural purposes in the area depicted on the aerial photo. The original PUD zoning was approved on September 10, 1985, via Ordinance Number 85 -46. That approval provided for a maximum of 2, 410 dwelling units on 965.4± acres with 165.8± acres devoted to golf course use and 498.7± acres devoted to the .residential uses. The project also included 45.2 acres of "buffers, Parks, Greenbelts, Utilities, etc.," 43.9 acres of "Reserve areas," 85.7 acres of roads, and 126.1 acres of lakes. The gross density at that time was calculated to be 2.5 units per acre. The project zoning was amended on July 27, 1993 via Ordinance Number 93 -43, to allow 1,603 dwelling units on 642.2± acres along with a 15 acre school site, a 110± acre golf course, 15.1 acres of "buffers, Parks, Greenbelts, Utilities, etc.," 29.2 acres of "Reserve areas," 57 Acres of roadway, and 83.9 acres of lakes. That ordinance was repealed with the next amendment on September 9, 2003 via Ordinance Number 03 -42. According to the staff report prepared for the petition, the PUD was being amended to change the following: The petitioner is requesting a "PUU" to "PUD" (Planned Unit Development) rezone for the purpose of revising the Parklands PUD Document and master plant to allow for a conversion in the mixture of multi - family and single family uses white retaining the currently approved residential uses, adding an additional 9 holes of golf for a total of 27 holes; establishing a "Road Construction Agreemenf' with Collier County for the extension of Logan Boulevard; revising the environmental commitments to include wetland preservation and flow-way improvements. The Parklands Development Order is also being amended in order to ensure consistency with the revisions to the PUD and to extend the commeneernent date from March 11, 2003 to March 11, 2004. That amendment approved 1,603 dwelling units on 635.2± acres along with a 155.4 acre preserve area, a 15 acre school site, an 180± acre, 27 hole golf course within a tract identified as "Commons /Recreation Area," 10.5 acres of county dedicated right -of -way, 35 acres of internal right of way, 96 acres of lakes and 143.2 acres for the residential use. Ordinance Number 03 -42 is the currently valid PUD ordinance for this tract. Due to changing market conditions, the petitioner is requesting to amend the PUD to allow the following changes: • The number of dwelling units has been reduced from 1,603 to 805. • The acreage has been revised slightly from 642.34 to 642.2 to reflect a more accurate boundary survey. • The golf course and flow way have been deleted from all documents and the RPUD Master Plan. • The development sequence and timing have been revised to coincide with the DRI build -out date contained in the Development Order. PUDA- PL20100001551: PARKLANDS PUD Page 2 of 29 June 7, 2012 CCPC Revised: 5/11/12 • A new section of previously approved deviations has been added to Exhibit E. Many of these were carried over from the old PUD, and some deleted. A new list of deviations is contained in Exhibit E, many having to do with signs, sidewalks, and for improvements for the Logan Boulevard extension for which a number of provisions are now contained in the RPUD and Developer Contribution Agreement (DCA), a companion item to this Petition. • Typical Internal Roadway Sections and Details (Exhibits C -2 and C -3) are now contained in Exhibit B some of which pertain to the requested deviations. • Provisions are contained in Exhibit E Deviation, No. 15 for fill in excess of 20,000 cubic yards to be removed from the site for the construction of Logan Boulevard and also possibly for fill for other County roadways. • A buffer 35 feet in width has been incorporated along the western property on land deeded from the County. (See Exhibit A Buffers). • Provisions for a 7.23 acre park have been deleted from the RPUD. The prior provisions required the County to issue impact fee credits for donation of a neighborhood park site. A 6± acre tract has been provided internal to the project to meet on -site recreational needs (see RPUD Master Plan). • Right -of -way for the extension of CR -951 has been eliminated from the PUD as this provision is no longer necessary. • The school site provisions have been revised (now in Exhibit A) to dedicate 15 acres but to delete a provision that an additional 5 acres be available for purchase by the School Board. No uses other than an elementary school are permitted on this site unless the developer or homeowners' association records a notice in the public records that this restriction has been waived. If that occurs, other permitted residential and accessory uses are allowed on this site. This restriction may be recorded in the Public Records and may be included in the deed to the School Board. • Provisions for emergency access are now depicted on the RPUD Master Plan. • Exhibit F Transportation Commitments includes a provision that Phase 1 of the Logan Boulevard Extension from the Olde Cypress PUD to the project entrance must be constructed prior to the issuance of the first Certificate of Occupancy. In Phase 2, the extension of Logan Boulevard to Bonita Beach Road shall be governed by the DCA. • Provisions are also incorporated in Exhibit F, Transportation requiring that a second entrance shall be constructed prior to the issuance of a permit for the 651 st dwelling unit. • The preserve area has been increased from 148 acres to 341.2 acres, of which 131.6 acres of native vegetation shall be contained in the preserve areas. (See also Exhibit F, Environmental). PUDA- PL20100001551: PARKLANDS PUD Page 3 of 29 June 7, 2012 CCPC Revised: 5/11/12 • In Exhibit B, the Development Standards Table's setbacks have been incorporated from preserve area. The same table also now includes standards for recreational facilities, and for townhouses with two or more structures that were not contained in the prior PUD. • The standards pertaining to accessory uses have been consolidated from various sections of the prior PUD and incorporated into Exhibit A. A number of minor changes have been made such as provisions for docks, allowing towers only if they do not require a conditional use, and additional open space related uses. The term chemical storage building has been deleted since there is no need for it as the golf course has been eliminated. The principal uses by and large are the same as permitted by the prior zoning approval. • Exhibit F, under Utilities, now contains provisions for water main extension and connection to County sewer. Because this PUD is undeveloped, the petitioner has prepared a new PUD document using a more recent format, e.g., Exhibits A -F rather than sections. It is not logical to prepare a strike thru/underline document as the entire document would be stricken thru. The applicant has provided a "PUD Comparison" to show the differences between the currently approved document and the proposed PUD. This information is part of the Narrative and Basis for Approval document. The petitioner is seeking approval of fifteen deviations. These are discussed later in this report. SURROUNDING LAND USE AND ZONING: North: The Lee County line; then the Lee County portion of The Parklands PUD /DRI, developed as Palmira Golf and Country Club East: Mirasol PUD, a 1,543 acre undeveloped RPUD (Ordinance #09 -21) approved for a maximum of 799 residential units and 36 hole golf course [An amendment application is pending for this PUD seeking to add 95 acres to the project, decrease the development footprint by 100± acres (increase preserve area), request additional deviations, and allow a maximum of 1,121 dwelling units (a 322 unit increase) at 0.68 units per acre] South: Terrafina PUD, a 637 acre residential project that is being developed as the Riverstone project. The project was approved in Ordinance #04 -15 for a maximum of 850 dwelling units at a density of 1.3 units per gross acre with 5,000 square feet of Convenience Commercial/Neighborhood Village Center uses West: Quail West PUD an 854.19 acre developing residential PUD that was approved at 0.6 units per acre (Ordinance # 93 -44) PUDA- PL20100001551: PARKLANDS PUD Page 4 of 29 June 7, 2012 CCPC Revised: 5/11/12 Aerial Photo (subject site depiction is approximate) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is located within the Urban designated area (Urban — Urban Mixed Use District, Urban Residential Subdistrict) as identified on the countywide Future Land Use Map and in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The existing Parklands PUD, Planned Unit Development, was approved in 2003 (the original PUD was approved in 1985) for residential uses at a density of 2.5 dwelling units per acre (DU /A), associated recreational uses, and preserve lands - all deemed consistent with that Subdistrict. The proposed amendment retains residential uses but reduces the density to 1.3 DU /A (project site is eligible for base density of 4 DU /A under the density rating system in the FLUE), retains most recreational uses though golf course is eliminated, and greatly increases the size of the preserve area — none of which are inconsistent with the requirements and limitations of the Urban Residential Subdistrict. Relevant FLUE policies are stated below (in italics); each policy is followed by staff analysis (in bold). Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. (The project will have access to Logan Boulevard, classified as a minor arterial in the Transportation Element's Functional Classification Map.) PUDA- PL20100001551: PARKLANDS PUD Page 5 of 29 June 7, 2012 CCPC Revised: 5/11/12 Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. (The PUD Master Plan indicates a single access point directly onto Logan Boulevard with a spine road into the project; all development within this PUD will have access to this spine road, i.e. have internal access.) Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. (The on -site preserve precludes connections to the south, east and partially the north, and lands to the west and north are fully developed and gated.) Policy 7.4. The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. (The PUD specifically allows for pedestrian and bicycle paths; though a sidewalk deviation is requested, a sidewalk will still be required on one side of all local streets within the PUD. The PUD provides for a variety of housing unit types. Open space comprises over 70% of the PUD, including over half the PUD acreage in preserve area. Recreational facilities and community centers are allowed, and a 6.1 -acre recreation site is identified on the PUD Master Plan; a 15 -acre school site is identified on the PUD Master Plan and the only use allowed there is a public elementary school.) Based upon the above analysis, Comprehensive Planning staff finds the proposed amendments consistent with the FLUE. Transportation Element: Transportation Planning staff has reviewed the petitioner's application and has determined that the proposed amendment reduces the total number of units proposed, and as such it will not increase the PM Peak Hour trip generation of this project. Therefore, staff concludes that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period. As such, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). A Developers Contribution Agreement [DCA] accompanies this PUD Amendment. Staff was concerned the City of Bonita Springs was not aware of or was concerned with the location and alignment of the intersection of Logan North and Bonita Beach Road. We have received a letter from the City of Bonita Springs stating there is an existing permitted Development Order (DOS2005- 00346) for the connection of Logan North to Bonita Beach Road. This is referred to in the DCA as the portion of Logan North within Lee County. Staff was concerned with the intersection of Logan Boulevard and Immokalee Road in regards to future levels of service both with and without the connection of Logan North to Bonita Beach Road. Petitioner provided analyses of these conditions which staff reviewed and analyzed. These analyses assumed all of Olde Cypress and Riverstone (fka Terafina) were constructed and certificates of occupancy issued. During this analysis, it was determined that the intersection of PUDA- PL20100001551: PARKLANDS PUD Page 6 of 29 June 7, 2012 CCPC Revised: 5/11/12 Logan North and Immokalee Road is projected to be within level of service standards with up to 181 dwelling units completed and occupied in the Parklands. It was further determined that at buildout of the Parklands, the intersection of Logan North and Immokalee Road would need to be expanded by adding two southbound lanes at the intersection. Therefore, the DCA requires that the intersection be expanded prior to the issuance of the 182nd certificate of occupancy at the Parklands. Additionally, the applicant has agreed to building or having the County build the second phase of Logan North (from the Parklands entrance to Bonita Beach Road) prior to the issuance of the 298th certificate of occupancy at the Parklands. The DCA for the project delineates who should construct Logan North (both Phase 1 and 2) with the County being given the option in regards to the County or the Developer constructing the road. This is largely dependent on whether or not the state contributes TRIP Funding for Logan North and the timing requirement of the Developer. No impact fee credits are allowed for Logan North Phase 1 or the portion of Logan North in Lee County. Dependent on financing and who is constructing Logan North, impact fee credits may be available for the construction only of Logan North Phase 2 in Collier County if this extension is completed by the Developer. The following stipulations of approval have been noted: 1. Completed adoption of a DCA (being negotiated in parallel with this project). 2. County staff reserves the right to review, and modify (at our discretion), the proposed roadway design to ensure compliance with required standards and maintenance requirements. A second access to the proposed public roadway is allowed by this application, and shall be at a point located between the project's proposed driveway location and the Collier County line. The location of the additional driveway connection shall be consistent with the County's access management policy. Conservation and Coastal Management Element (COME): Environmental review staff found this project to be consistent with the Conservation & Coastal Management Element (COME). A minimum of 25 % of the existing native vegetation shall be placed under preservation and dedicated to Collier County. The preserve area has been increased from 148 acres to 341.2 acres, of which 131.6 acres of native vegetation shall be contained in the preserve areas. This far exceeds the GMP requirement. According to the petitioner's agent's December 21, 2010 letter, this increase in preserve area is due in part "...to a large extent by a settlement agreement between the property owner and various environmental stake holder groups to reduce environmental impacts by increasing the size of [the] preserve area." GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff PUDA- PL20100001551: PARKLANDS PUD Page 7 of 29 June 7, 2012 CCPC Revised: 5/11/12 believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13.13.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings "), and Subsection 10.03.05.I, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings "), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Services staff has reviewed the petition and the PUD document to address environmental concerns. There are no outstanding environmental issues. This project is not required to go before the EAC board again since there are no proposed changes to the previously approved Preserve areas — these areas were added to (increased). Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right -of -way and access issues and is recommending approval subject to the Transportation Development Commitments contained in Exhibit F of the RPUD Ordinance. Zoning Services Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the subject site, the compatibility analysis included a review of the subject proposal comparing it to surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location. Zoning staff is of the opinion that this project will be compatible with and complementary to, the surrounding land uses. To support that opinion staff offers the following analysis of this project. The development standards contained in Exhibit B of the PUD document show the following changes from the originally approved development standards: The minimum lot area and side yard setbacks for the various uses are not changing for single - family units from what is currently in effect. The table now includes both zoned and actual height information, whereas the original only provided zoned height information. The types of uses that would be allowed in this project have changed slightly in. that the golf course is being removed. PUDA- PL20100001551: PARKLANDS PUD Page 8 of 29 June 7, 2012 CCPC Revised: 5/11112 As illustrated in the aerial photograph located on page 2 of the staff report, the surrounding zoning discussion of this staff report, and the Master Plan, the site is bordered to the north by the Lee County line; then the Lee County portion of The Parklands PUD/DRI, developed as Palmira Golf and Country Club. To the east is the Mirasol PUD, a 1,543± acre undeveloped RPUD (Ordinance #09 -21) approved for a maximum of 799 residential units and 36 hole golf course [An amendment application is pending for this PUD seeking to add 95 acres to the project, decrease the development footprint by 100± acres (increase preserve area), request additional deviations, and allow a maximum of 1, 121 dwelling units (a 322 unit increase) at 0.68 units per acre]. To the south is the Terafina PUD, a 637 acre developing residential project that is being developed as the Riverstone project. The project was approved in Ordinance #04 -15 for a maximum of 850 dwelling units at a density of 1.3 units per gross acre with 5,000 square feet of Convenience Commercial/Neighborhood Village Center uses. To the west is the Quail West PUD an 854.19 acre developing residential PUD that was approved at 0.6 units per acre (Ordinance # 93 -44) Deviation Discussion: The petitioner is seeking reaffirmation of ten previously approved subdivision substitutions approved in Section 7.06 of Ordinance #03 -42. Design substitutions were the fore runner of the deviation process. The applicant is adding fifteen new deviations from the requirements of the LDC. The deviations are listed in PUD Exhibit E.. The applicant has provided a list of Deviations divided into two parts to distinguish between those already approved and the proposed new ones. Staff has listed the previously approved deviations without further analysis, but has provided an analysis for the proposed new deviations. Deviations are a normal derivative of the PUD rezoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control. PUDs .... may depart from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest .... PREVIOUSLY APPROVED DEVIATIONS: Sidewalks /bicycle paths shall conform to the provisions of the LDC, except that sidewalks shall only be required on one side of the street in the case of local right -of -way streets forty (40) feet in width. (LDC 6.06.02.A.1). Street name markers and traffic devices shall be approved by the County Engineer. Conformance with USDOT/FHWA/MUTCD is waived. Street pavement painting, requirements for striping and reflective edging on secondary road systems and reflective edging main road system shall be PUDA- PL20100001551: PARKLANDS PUD Page 9 of 29 June 7, 2012 CCPC Revised: 5/11/12 waived. Traffic circulation signage shall be in conformance with USDOT /FHWA/MUTCD standards. (LDC 10.02.05.E.3.o). The LDC requirement for blank utility casing installations shall be waived. (LDC 6.01.01.13). The standard that PRMs be installed in a typical water valve cover shall be waived subject to monumentation being installed in accordance with Chapter 177, Florida Statutes. (Construction Standards Manual Revised in Supp. 17 (03 -55)). All cul -de -sacs and local streets, whether more or less than 1,000 feet in length, are required to have a minimum forty (40) foot right -of -way width and two ten -foot wide travel lanes and are waived from the requirements of the LDC. (Construction Standards Manual Revised in Supp. 17 (03 -55)). Cul -de -sacs may exceed the maximum 1,000 -foot length LDC requirement. (Construction Standards Manual Revised in Supp. 17 (03 -55)). Back of curb radii at street intersections shall be a minimum of thirty (30) feet, except at project entrance intersections where the radii shall be forty (40) feet and are waived from the requirements of the LDC. (Construction Standards Manual Revised in Supp. 17 (03 -55)). The minimum 75 -foot tangent standard at intersections may be reduced subject to a certified traffic analysis based upon design speed, site distance, and adequate recovery zone and are waived from the requirements of the LDC. (Construction Standards Manual Revised in Supp. 17 (03 -55)). The LDC requirement for tangents between street curves shall be waived. (Construction Standards Manual Revised in Supp. 17 (03 -55)). Street grades may exceed the four percent (4 %) maximum required by the LDC provided that the applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met and are waived from the requirements of the LDC. (This deviation is not applicable to Logan Boulevard North). (Construction Standards Manual Revised in Supp. 17 (03 -55)). NEW DEVIATIONS: Deviation #1 seeks relief from LDC Section 5.04.04.B.3.e, Model Homes and Model Sales Centers, which provides that a temporary use permit for a model home (occupied or unoccupied) shall be issued initially for a period of three (3) years. The requested deviation is to allow the model homes to remain in effect until the last certificate of occupancy has been issued for the RPUD without the 3 -year limitation. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The request is to allow model homes to remain in operation until the last certificate of occupancy is issued. The justification for this deviation is that The Parklands RPUD is a PUDA- PL20100001551: PARKLANDS PUD Page 10 of 29 June 7, 2012 CCPC Revised: 5/11/12 large project with up to 850 dwelling units. The developer's experience is that it may take a number of years for the project to build -out and their experience has been that model homes should remain in operation until the project is complete. Staff Analysis and Recommendation: Due to the size of the project, staff agrees that some allowance can be made to allow additional time for the model units. However, staff also recognizes that markets change over time and consumers wants also change, thus staff would suggest that the models be allowed to remain for a maximum of ten years rather than a potential forever. Zoning and Land Development Review staff recommends APPROVAL of this deviation with the stipulation that no model can remain for more than ten years without securing Conditional Use, or its successor process approval finding that in compliance with LDC Section 10.02.13.A.3 the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #2 seeks relief from LDC Section 5.04.04.B.5.c, Model Homes and Model Sales Centers, which provides that a maximum of five (5) models, or a number of corresponding to ten (10) percent of the total number of platted lots, whichever is less, per platted, approved development shall be permitted prior to final plat approval as specified above. The requested deviation provides up to 16 model homes and a sales center to be permitted in the RPUD. Petitioner's Rationale: The petitioner provided the following justification for this deviation: The request is to permit up to 16 model homes and a sales center. The deviation is to increase number of model homes and the sales center from 5 to 16 The justification for this deviation is that The Parklands RPUD is a large project with 850 approved dwelling units. The experience of the developer has been that for a project this size up to 16 model homes including a sales center are required to meet their needs to successfully market the project. Staff Analysis and Recommendation: Due to the size of the project, staff agrees that some allowance can be made to allow additional model units. Hacienda Lakes PUD, which was approved for over 1,700 residential units received deviation approval to allow up to 60 model homes. Similarly, staff supported this deviation request in the Bent Creek Preserve PUD. With the project's proposed number of units, allowing a maximum of 16 models seems appropriate therefore, staff concurs with the applicant's assessment of the situation for this particular project. Staff sees no detrimental effect if this deviation request is accommodated. However, staff suggests that the developer be required to provide documentation at each building permit for a model home /unit stating how many models are in operation to ensure the total of 16 is not exceeded. Zoning and Land Development Review staff recommends APPROVAL of this deviation with the stipulation that the developer provide the number of existing model home /units as part of the PUDA- PL20100001551: PARKLANDS PUD Page 11 of 29 June 7, 2012 CCPC Revised: 5/11/12 application material for every model home /unit building permit, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.13.51, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #3 seeks relief from LDC Section 5.06.02.B.6, Development Standards for Signs within Residential Districts, which allows on- premises signs within residential districts. Two ground signs with a maximum height of 8 feet or wall, residential entrance or gate signs with a maximum height of 8 feet may be located at each entrance to multi - family or single - family development and mobile home or recreational vehicle park. The requested deviation is to allow two (2) entrance signs and two (2) boundary marker signs depicted in Exhibit C -1. These signs will be a maximum 10 feet in height. The boundary markers will be located adjacent to the project development along Logan Boulevard North. The deviation is to allow additional signage along Logan Boulevard North for a total of four signs 10 feet in height with up to 60 square foot copy area or a combined copy area of up to 120 square feet (both sides). Petitioner's Rationale: The petitioner provided the following justification for this deviation: The request is to allow for the combined area of the entrance signs and the boundary markers depicted in Exhibit C -1 for a total of four signs 10 feet in height with a maximum of 60 square foot copy area or a maximum copy area of 120 square feet (both sides). (See also Deviation No. 4). The justification for this deviation is that the size and location of the project merits additional exposure to the motoring public by allowing additional project signage adjacent to the project along more than one mile of Logan Boulevard North. The proposed boundary markers in The Parklands RPUD are designed to provide for additional signage along Logan Boulevard North based on the project's size and location. It is worth to note that a number of projects smaller than The Parklands would utilize a greater number of signs than proposed in this RPUD given the project's road frontage on Logan Boulevard North. Staff Analysis and Recommendation: The petitioner made reference in Deviation #8 request that this petition should be treated similarly to Terafina PUD, the project to the south. That PUD was approved with a signage plan to allow entrances signs a total sign face area of 80 feet for one sign or 40 square feet if the sign is a single two -sided sign. Terafina is of a similar size at 638 acres with a total of 850 dwelling units, while this project seeks approval of 850 units on 642± acres. It seems appropriate to limit this project to what was approved for the Terafina PUD which is of a similar size, density and location. Boundary marker signs would be limited to a maximum of 16 square feet of copy area. The number of signs - -four signs requested and shown in Exhibit C -1 is acceptable, if limited to the size noted above. Zoning and Land Development Review staff recommends APPROVAL of this deviation as limited in location and number in Exhibit C -1 and further limited to a maximum total sign face area of 80 feet for one sign or 40 square feet if the sign is a single two -sided entrance sign and a PUDA- PL20100001551: PARKLANDS PUD Page 12 of 29 June 7, 2012 CCPC Revised: 5/11/12 maximum of 16 square feet of sign area for a boundary sign, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element maw be waived without a detrimental effect on the health safety and welfare of the community," and LDC Section 10 02 13 B 5 h the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #4 seeks relief from LDC Section 5.06.02.B.6.b, Development Standards for Signs within Residential District, which allows the ground or wall sign not to exceed a combined area of 64 square feet and shall not exceed the height and length of the wall or gate upon which it is located. The deviation is to allow the two project entrance signs and two boundary marker signs to be a maximum of 60 square feet in area and a maximum combined area of 120 square feet for two -sided signs. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The request is to allow the entrance and boundary marker sign areas to be up to 60 square feet for each sign face and 120 square feet for the combined areas. The justification is to allow somewhat larger signage given the size and location of the project. Approval of this deviation will have no discernable impact on surrounding properties and will not contravene the public health, safety or welfare. Staff Analysis and Recommendation Staff finds the requested size is somewhat concerning. To characterize these signs as "somewhat larger" seems to be an understatement. It does not appear that a similar deviation was approved for a Terafina PUD, and staff does not see any unique circumstances to warrant approval of such large signs. As offered below for several other deviation requests, if approved, these signs could constitute visual blight. Staff believes this deviation is not in keeping with the purpose and intent of the LDC to prevent "....unsightly and detrimental signs that detract from the aesthetic appeal of the county and lead to economic decline and blight, by preventing signs from reaching such excessive size and numbers that they obscure one another to the detriment of the county...." Staff therefore recommends denial of this deviation. Zoning and Land Development Review staff recommends DENIAL finding that, in compliance with LDC Section 10.02.13.A.3 the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.133.51, the petitioner has not demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #5 seeks relief from LDC Section 5.06.02.B.6 which provides that on- premise signs within residential districts are allowed a maximum height of 8 feet. The requested deviation is to allow a maximum height of 10 feet for the two entrance signs and two boundary marker signs. Sign height will be measured per the LDC. Petitioner's Rationale: The applicant states in his justification for this deviation the following: PUDA- PL20100001551: PARKLANDS PUD Page 13 of 29 June 7, 2012 CCPC Revised: 5/11/12 The request is to allow a 10 foot high sign based on the size of the project and its location for the entrance sign and boundary markers. Approval of this deviation will not contravene the public health, safety or welfare in that the proposed signage will be consistent along Logan Boulevard North. Staff Analysis and Recommendation Staff finds the petitioner's deviation and rationale supportable for this project. The deviation has been approval in several recent PUD rezones or PUD amendments. Zoning and Land Development Review staff recommends APPROVAL of this deviation finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health safety and welfare of the community," and LDC Section 10.02.133.51, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #6 seeks relief from LDC Section 5.06.02.B.5.b, Development Standards for Signs within Residential District, which allows directional signs to be combined into one sign with a maximum height of 8 feet and a maximum area of 24 square feet. The requested deviation is to allow for no limitation on the number of combined signs provided they are separated by a minimum distance of 100 feet or a road right -of -way. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The request is to allow for no limitation on the number of combined signs provided they are separated by a distance of 100 feet or a road right -of -way. The justification for this deviation is that these signs will have no impact on surrounding properties. They will be of a uniform style and character. Staff Analysis and Recommendation: Staff supports this deviation. The petitioner has not provided any documentation to support the statement that the "signs will have no impact on surrounding properties." With the proposed bubble site plan, no detail can be discerned to support this deviation. However, with the 100 foot separation limitation offered by the applicant, staff can support the deviation because it will be self limiting. Zoning and Land Development Review staff recommends APPROVAL finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health safety and welfare of the community and LDC Section 10.02.13.B.5.h the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." PUDA- PL20100001551: PARKLANDS PUD Page 14 of 29 June 7, 2012 CCPC Revised: 5/11/12 Deviation #7 seeks relief from LDC Section 5.06.02.B.5.a, Development Standards for Signs within Residential District, which allows on premise directional signs be set back a minimum of 10 feet from the edge of the roadway, paved surface or back of the curb, as applicable. The requested deviation is to allow the directional sign to be located five feet from a roadway or platted easement, excluding public roadways, if it does not result in public safety concerns or obscure visibility of the motoring traffic. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The request for the deviation is to allow the flexibility to place internal signs 5 feet from the right -of -way if they result in no public safety concerns or obscure visibility from a roadway for the motoring public. If no public safety issues arise, then the internal placement of such signs should not contravene the public safety, health or welfare. Staff Analysis and Recommendation: Staff can support this deviation. Zoning and Land Development Review staff recommends APPROVAL finding that, in compliance with LDC Section 10.02.13.A.3 the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community and LDC Section 10.02.133.51 the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #8 seeks relief from LDC Section 5.06.02.B.1.a, Development Standards for Signs within Residential District, which allows a maximum height of 8 feet within residential zoning districts, and as applicable to designated residential portions of RPUD zoned properties, or as otherwise provided within this Code. The requested deviation is to allow the height of the entry and boundary marker signs to be 10 feet. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The request is to allow the height of entry and boundary marker signs to be 10 feet. The proposed 10 feet is similar in height standards contained in the Terafina PUD located south of the subject property. This increase in height will not contravene the public health, safety and welfare. Staff Analysis and Recommendation Staff finds the petitioner's deviation and rationale supportable for this project. The deviation has been approval in several recent PUD rezones or PUD amendments and it seeks the same allowance as in Deviation #5. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.13.51, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." PUDA- PL20100001551: PARKLANDS PUD Page 15 of 29 June 7, 2012 CCPC Revised: 5/11/12 Deviation #9 seeks relief from LDC Section 6.06.02.A.1, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks on both sides of a local street that is adjacent to the site. The requested deviation is to allow a sidewalk five feet in width on just one side of the street for local roadways 40 feet in width (see also Exhibit C -2). Petitioner's Rationale: The applicant states in his justification for this deviation the following: This deviation is requested to allow all local streets with a 40 foot right -of -way width to have a sidewalk on one side, not just cul -de -sacs lots. The justification for this deviation is based in part on the last PUD approval for The Parklands Ordinance No. 03 -42, Section 7.06A that allowed for sidewalks to be placed on one side of single-family cul- de -sac right -of -way. (See Old Deviation No. 1). The justification for this deviation is that the Parklands includes extensive open space areas, preserve areas, and common areas designated to facilitate the movement of pedestrians throughout the master planned community. Allowing sidewalks on one side of the street will not contravene the public health, safety or welfare of community residents based on the proposed RPUD Master Plan. Staff Analysis and Recommendation: Staff can support this deviation if the deviation does not apply to the "main spine road" that connects directly to Logan Boulevard north. The petitioner has included this limitation in the PUD document, therefore staff is supporting it. Zoning and Land Development Review staff recommends APPROVAL, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community,' and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation No. 10 seeks relief from LDC Section 6.06.01.0 and .Appendix B, (Street System Requirements), which requires 4 travel lanes and median separator with a right -of -way width as required for a major collector or arterial roadway. The requested deviation is to allow construction of Logan Boulevard North with 2 travel lanes within a 60- foot -wide or 80- foot -wide right -of -way as depicted on Exhibit C -3. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The requested deviation is to allow construction of Logan Boulevard North with 2 travel lanes within a 60-foot-wide or 80-foot-wide right -of -way. The justification for this deviation is that Collier County's Growth Management Plan Transportation Element (2025 Long Range Needs Plan) identifies Logan Boulevard North as a two -lane minor arterial. See also Exhibit C -3. Staff Analysis and Recommendation: Transportation Planning Staff has reviewed this deviation and recommends approval of this deviation to allow flexibility in the minimum PUDA- PL20100001551: PARKLANDS PUD Page 16 of 29 June 7, 2012 CCPC Revised: 5/11/12 roadway design requirements so that improvements proposed in the accompanying Developers' Contribution Agreement [DCA] are not deemed inconsistent with the minimum LDC requirements and standards. Zoning and Land Development Review staff recommends APPROVAL finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #11 seeks relief from LDC Section 6.06.02.A.1, and Appendix B (Sidewalks, Bike Lane and Pathway Requirements) which requires 6- foot -wide sidewalks on both sides of an arterial or major collector roadway. The requested deviation is to require only one 10- foot -wide or 12- foot -wide multi -use path on one side of Logan Boulevard North or a combination of an 8- foot -wide multi -use path and 5- foot -wide sidewalk as depicted on Exhibit C -3. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The justification for this deviation is based upon discussion with and directives given by Collier County Transportation staff, with due consideration to right -of -way constraints; continuous pedestrian access and safety to Bonita Beach Road; local pedestrian usage in Olde Cypress, Terafina and The Parklands; and minimization of wetland impacts from the roadway foot print in Section 9 east of The Parklands. Collier County Transportation staff has already approved construction of Logan Boulevard North from Olde Cypress to The Parklands based upon this design. Staff Analysis and Recommendation: Staff can support this deviation request. Zoning and Land Development Review staff recommends APPROVAL finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting �public purposes to a degree at least equivalent to literal application of such regulations." Deviation #12 seeks relief from LDC Section 5.04.06.B.l.b.i, Temporary Signs, which requires that special event signs shall be erected not more than 15 calendar days prior to the supporting event and shall be removed within 7 calendar days after the even has taken place. Special events are for sales and similar promotional events for marketing. The requested deviation is to allow such signs or banners for up to 3 months at a time for special events such as sales events, model. home openings, and similar promotional events. Petitioner's Rationale: The applicant states in his justification for this deviation the following: PUDA- PL20100001551: PARKLANDS PUD Page 17 of 29 June 7, 2012 CCPC Revised: 5/11/12 The request is to allow the project to have temporary signs for up to 90 days with a Temporary Use Permit. The special events are for sales events, model home openings, etc. Staff Analysis and Recommendation: Staff does not believe that allowing temporary signs to remain in place for 90 days instead of 15 days is appropriate. There does not seem to be any unique circumstances that would require temporary signs to be in place for six times longer in this project than in any other project. If approved, these signs could constitute visual blight. Staff believes this deviation is not in keeping with the purpose and intent of the LDC to prevent "....unsightly and detrimental signs that detract from the aesthetic appeal of the county and lead to economic decline and blight...." Staff therefore recommends denial of this deviation. Zoning and Land Development Review staff recommends DENIAL finding that. in compliance with LDC Section 10.02.13.A.3, the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the communi , ," and LDC Section 10.02.13.13.51, the petitioner has not demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #13 seeks relief from LDC Section 5.04.06.A.3.d, Temporary Signs, which requires that temporary signs shall not exceed 32 square feet in area in sign area. The requested deviation is to allow temporary signs and banners to be 64 square feet in area. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The request is to allow temporary use signs that are up to 64 feet in area based on the project size and location. Staff Analysis and Recommendation: Staff does not believe that allowing temporary signs to be twice the allowable size is appropriate. There does not seem to be any unique circumstances that would require temporary signs to be this large in this project. If approved, these signs could constitute visual blight. Staff believes this deviation is not in keeping with the purpose and intent of the LDC to prevent "....unsightly and detrimental signs that detract from the aesthetic appeal of the county and lead to economic decline and blight, by preventing signs from reaching such excessive size and numbers that they obscure one another to the detriment of the county... Staff therefore recommends denial of this deviation. Zoning and Land Development Review staff recommends DENIAL finding that. in compliance with LDC Section 10.02.13.A.3, the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the communi ,tom LDC Section 10.02.13.13.51, the petitioner has not demonstrated that the deviation is "justified as meeting Dublic Dumoses to a degree at least eauivalent to literal application of such regulations." PUDA- PL20100001551: PARKLANDS PUD Page 18 of 29 June 7, 2012 CCPC Revised: 5/11/12 Deviation #14 seeks relief from LDC Section 4.03.08.A.4, Facilities and Service Improvement Requirements, which requires no more than 4,000 average daily trips per project access point. The requested deviation is to permit one project access point on Logan Boulevard North for the first 650 dwelling unit building permits based on a maximum trip generation rate of 566 peak hour two -way trips. If more than 650 dwelling unit building permits are issued, a second project access point in lieu of an emergency access shall be required on Logan Boulevard North. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The requested deviation is to permit one project access point on the Logan Boulevard North for the first 650 dwelling unit building permits. If more than 650 dwelling unit building permits are issued, a second project access point shall be required on Logan Boulevard North. (See also Exhibit F, Section 2.D). An additional access point for emergency vehicles shall be provided at a location as generally depicted on the RPUD Master Plan. In the event building permits for more than 650 dwelling units are issued and a secondary project access is required, the secondary access will be deemed the emergency vehicle access point. Staff Analysis and Recommendation: Staff believes adequate provision have been made regarding emergency vehicle access and additional units. Therefore, this deviation is supported by staff. Zoning and Land Development Review staff recommends APPROVAL finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community and LDC Section 10.02.13.13.51 the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #15 seeks relief from Collier County Code of Ordinances Section 22- 110(a)(3)b, excavation review provisions of the applicable laws and County ordinances, that require approval by the Board during the rezone and /or preliminary subdivisions plat process to remove and have off -site excavated material in an amount in excess of ten percent (and in excess of 20,000 cubic yards) of the total volume excavated. This deviation serves to satisfy the requirement that intentions to remove the material must be clearly stated during the development review and approval process. The requested deviation is to allow the off -site removal of fill in excess of ten percent and in excess of 20,000 cubic yards of excavated material for the construction of Logan Boulevard North. Use of the excavated material on -site and for the construction of Logan Boulevard North shall not require a traffic study. However, a specific use traffic study shall be required for off -site hauling to other locations that require the use of County roads other than Logan Boulevard North. Petitioner's Rationale: The applicant states in his justification for this deviation the following: PUDA- PL20100001551: PARKLANDS PUD Page 19 of 29 June 7, 2012 CCPC Revised: 5/11/12 The requested deviation is to allow the off -site removal of fill in excess of ten percent and 20, 000 cubic yards for the construction of Logan Boulevard North. The maximum amount of fill to be hauled off -site for this purpose is 300, 000 cubic yards. This will allow construction of Logan Boulevard North without hauling in fill from remote sources. No traffic studies will be required for the off -site removal of fill for this purpose as long as no public roads are used for the off -site removal of fill other than Logan Boulevard North as there will be minimal impacts to the roadway system and a benefit to the public. [underlining added for emphasis] Staff Analysis and Recommendation: The cited section of the Code of Ordinance is shown below: Development excavation. Development excavations are considered to be any excavation located within the boundaries of a planned unit development, or subdivision development, having approved construction plans (to include SM), or an industrial or commercial project, or where the disturbed area of an excavation exceeds two acres, but no fill is removed from the subject property for whatever purpose provided that: a. The excavations were clearly defined and detailed as to location, size, shape, depth and side slopes during the development's review process and, if applicable, approved by the Board after appropriate public hearings. b. If approved by the Board during the rezone and/or preliminary subdivision plat process, excavated material in an amount up to ten percent (to a maximum of 20, 000 cubic yards) of the total volume excavated may be removed from the development. Intentions to remove material must be clearly stated during the development's review and approval process. Staff can support this deviation request because the requested use off -site use will be limited to Logan Boulevard construction only and Logan Boulevard bisects this project. It is the only non- local road that will provide access to this project, at this time the project is land - locked. This road must be built before the public will have access to the project. Since excavation trucks would not be traveling by any other development to get the excavated material to Logan Boulevard construction areas, staff sees no impact to others. Additionally, the petitioner has offered a maximum limitation of the amount of fill that would be used. Zoning and Land Development Review staff recommends APPROVAL subject to the stipulation that fill taken off -site shall only be used in the construction of Logan Boulevard finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health safety and welfare of the community and LDC Section 10.02.13.B 5 h the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." FINDINGS OF FACT: LDC Subsection 10.03.05.I.2 states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall PUDA- PL20100001551: PARKLANDS PUD Page 20 of 29 June 7, 2012 CCPC Revised: 5/11/12 show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below. [Staff's responses to these criteria are provided in bold, non - italicized font] : PUD Findings: LDC Subsection 10.02.13.13.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed amendment and believes the uses and property development regulations are compatible with the development approved in the area as limited by staff. The commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and /or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion and the attached report from Comprehensive Planning staff and the zoning analysis of this staff report. Based on those staff analyses, planning zoning staff is of the opinion that this petition may be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff has provided a review of the proposed uses and believes that the project will be compatible with the surrounding area. The uses are not proposed to change as part of this amendment and the uses approved in the original PUD rezone were determined to be compatible. The petitioner is reducing the project density, thus the proposed project should have less impact upon neighbors, staff believes uses remain compatible given the PUDA- PL20100001551: PARKLANDS PUD Page 21 of 29 June 7, 2012 CCPC Revised: 5/11/12 proposed minor changes to development standards and project commitments. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of native preserve aside for this project meets the minimum requirement of the LDC. 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure will have adequate capacity to serve the proposed project at the time of development; road access to this parcel does not currently exist. However the petition is also a DRI and as such has commitments to ensure adequate capacity. The project's development must comply with all other applicable concurrency management regulations when development approvals are sought. Additionally, the PUD document contains additional developer commitments that should help ensure there are adequate facilities available to serve this project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has, or will have, adequate supporting infrastructure such as road capacity, wastewater disposal system, and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. Additionally this 10 petition represents an amendment to an approved PUD that reduces the approved density thus the amended petition will have less impact upon the areas; no acreage is being added. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking reaffirmation of previously approved design substitutions and approval of numerous new deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff has provided an analysis of the deviations in the Deviation Discussion portion of this staff report, and is recommending approval, or approval with stipulations, of most of the deviations. Please refer to the portion of the staff report. Rezone Findings: LDC Subsection 10.03.05.1. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, & policies of PUDA- PL20100001551: PARKLANDS PUD Page 22 of 29 June 7, 2012 CCPC Revised: 5/11/12 the Future Land Use Map and the elements of the Growth Management Plan. The zoning analysis provides an in -depth review of the proposed amendment. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the CCME and the Transportation Element. Therefore, staff recommends that this petition be deemed consistent with the GMP. 2. The existing land use pattern; Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it at length in the zoning review analysis. Staff believes the proposed amendment is appropriate given the existing land use pattern, and development restrictions included in the PUD Ordinance. An excerpt from the PUD map is provided that shows the adjacent projects discussed previously. The uses proposed or developing in the Mirasol, Heritage Bay, Quail West, Terafina and Olde Cypress are similar to Parklands. LEE C0L NTY CUAIL PAFKI AAKYK MIA AUCL NEST CORI ) g 9 10 I t' i OURIL HENTACE PAY i� CREEK 1ERAF111 A YIRASAL (om) r r 77 16 #5 14 z 3 a � i VI DA HNCI ESTATES N T'2E55 -Tt FE Q.AIL LCtGSHE �E II �' waASAL 2 HEa1TACE RAY 20 'B 9i 23 (qa) = ODE CYFRE55 (ORI) W ACCIE'S 0R" OCY(E HD CCR4ER LATA MVMW%ENi NAPI ES{1iN10(ALEE RCb1C jC.R 84b} Excerpt from PUD Map PUDA- PL20100001551: PARKLANDS PUD Page 23 of 29 June 7, 2012 CCPC Revised: 5/11/12 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD amendment would not create an isolated zoning district because the subject site is already zoned PUD. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the district boundaries are logically drawn given the current property ownership boundaries and the existing PUD zoning. S. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed amendment is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such the amendment to allow the owner the opportunity to develop the land with uses other than what the existing zoning district would allow. Without this amendment, the property could be developed in compliance with the existing PUD ordinance regulations. 6 Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed amendment, with the commitments made by the applicant, can been deemed consistent County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes numerous restrictions and standards that are designed to address compatibility of the project. Development in compliance with the proposed PUD amendment should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because ofpeak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project with the mitigation that will be provided by the developer via commitments in this PUD or in a separate Developer Contribution Agreement. 8. Whether the proposed change will create a drainage problem; The proposed amendment should not create drainage or surface water problems. The developer of the project will be required to adhere to a surface water management permit from the SFWMD in conjunction with any local site development plan approvals and ultimate construction on site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this amendment petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. PUDA- PL20100001551: PARKLANDS PUD Page 24 of 29 June 7, 2012 CCPC Revised: 5/11/12 The location of the proposed buildings, combined with the setbacks and project buffers will help insure that light and air to adjacent areas will not be reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property could be developed within the parameters of the existing zoning designation; however, the petitioner is seeking this amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed amendment meets the intent of the PUD district, if staffs conditions of approval are adopted, and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously, the subject property already has a zoning designation of PUD; the PUD rezoning was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban - designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC; PUDA- PL20100001551: PARKLANDS PUD Page 25 of 29 June 7, 2012 CCPC Revised: 5/11/12 and staff does not review other sites in conjunction with a specific petition. The proposed amendment is consistent with the GMP as it is proposed to be amended as discussed in other portions of the staff report. 16 The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Additional development anticipated by the PUD document would require considerable site alteration. This project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING (NIM): A duly noticed and advertised NIM for The Parklands RPUD rezoning application was held on August 1, 2011 at St. Monica's Episcopal Church at 5:30p.m. The meeting was attended by Kevin Ratterree representing GL Homes who made the principal presentation and Robert Duane of Hole Montes, Inc. who made a brief introduction at the outset of the meeting. Also in attendance were Bruce Anderson, Esquire from Roetzel & Andress, representing GL Homes, Ted Treesh from TR Transportation, Shane Johnson from Passarella & Associates, and Kay Deselem from County staff. Kevin Ratterree gave an overview of the project and history of the regulatory changes going back to 1985 when the zoning and DRI were initially approved. He highlighted the principal changes to the applications, i.e., reduction in the number of dwelling units from 1,603 to 850, deletion of the golf course and park site, and increasing the size of the preserve area from 158 to 341 acres. He then reviewed the past and proposed Master Plan changes and reviewed an aerial photo of the subject and surrounding properties. PUDA- PL20100001551: PARKLANDS PUD Page 26 of 29 June 7, 2012 CCPC Revised: 5/11/12 Kevin Ratterree also went over provisions of a potential developer contribution agreement pertaining to the extension of Logan Boulevard Options 1 and 2 that would govern how the road will be constructed. Option 1 is for GL to build the southerly portion from Olde Cypress to the project entry by the time the first certificate of occupancy is issued and to commence construction of the portion from project entry to Bonita Beach Road when certificates of occupancy for 297 dwelling units are issued. Efforts would be made to complete within 1 year. Option 2 is for the County to build with a Joint Participation Agreement with (FDOT) between July 1, 2014 and June 30, 2015 for the portion from the then terminus to Bonita Beach Road, which would occur sometime after July 1, 2014. He also indicated that Saturnia Falls (also known as Riverstone) south of the Parklands which is also under GL Homes' control will proceed in development prior to the Parklands. He also reviewed the permitting history of the subject property and nearby properties ( Riverstone and Mirasol) in regard to the flow way incorporated into the three projects that has since been abandoned through the permitting process due to a settlement agreement with environmental agencies. Also discussed were the provisions pertaining to the public school site which may or may not be built. If not used as a public school site, it could revert back to the developer. There were a few questions from the attendees: 1. How long for the project to be built -out? Mr. Ratterree answered that depending upon market conditions. It could be 7± years depending upon the build out of Riverstone. 2. What type of product will be built? Mr. Ratterree indicated that it would be generally single - family units with a mix of some coach homes. 3. After the meeting closed there were also some questions pertaining to impacts on roads from several attendees. Ted Treesh advised them that the extension of Logan Boulevard could readily accommodate the project's impacts for this and other projects in the vicinity. He indicated that the County would coordinate traffic safety measures and control as needed to maintain public safety. The meeting was adjourned at approximately 5:50 p.m. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed the staff report for this petition on May 11, 2012. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDA- PL20100001551 to the BCC with a recommendation of approval subject to staff's recommended action on the deviations as shown below: Approval of Deviations, 5, 6, 7, 8, 9, 10, 11 and 14; PUDA- PL20100001551: PARKLANDS PUD June 7, 2012 CCPC Revised: 5/11/12 Page 27 of 29 Approval of Deviation 1 with the stipulation that no model can remain for more than ten years without securing Conditional Use, or its successor process approval; Approval of Deviation 2 with the stipulation that the developer provide the number of existing model home /units as part of the application material for every model home /unit building permit; Approval of Deviation 3 as limited in location and number in Exhibit C -1 and further limited to a maximum total sign face area of 80 feet for one sign or 40 square feet if the sign is a single two - sided entrance sign and a maximum of 16 square feet of sign area for a boundary sign; Approval of Deviation 15 with the stipulation that fill taken off -site shall only be used in the construction of Logan Boulevard; Denial of Deviations 4, 12, and 13. PUDA- PL20100001551: PARKLANDS PUD Page 28 of 29 June 7, 2012 CCPC Revised: 5/11/12 PREPARED BY: Kkj DikELEM, AICP, PRINCIPAL PLANNER DEPAR MENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: RAYMOP V. BELLOWS, ZONING MANAGER DEPARTMENT OF LAND DEVELOPMENT SERVICES LIAM D. LORE Z, JR. -VI., DIRECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: NICK CASI�iLAN'G�AD I MRATOR GROWTH MANA MENT DIVISION '�- 9/� DATE 5 _. 7-- i L DATE DATE DATE Tentatively scheduled for the July 24, 2012 Board of County Commissioners Meeting PUDA- PL20100001551: PARKLANDS PUD Page 28 of 28 June 7, 2012 CCPC Revised: 5/9/12 ORDINANCE NO. 12- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE PARKLANDS RPUD, TO CHANGE THE PUD BY REDUCING THE RESIDENTIAL DWELLING UNITS FROM 1603 DWELLING UNITS TO 850 RESIDENTIAL DWELLING UNITS, INCREASING THE PRESERVE TO 341 ACRES, DELETING GOLF COURSES AS A PERMITTED USE, REVISING DEVELOPMENT STANDARDS, REQUESTING DEVIATIONS FROM THE LAND DEVELOPMENT CODE, AND ELIMINATING A 7.23± ACRE PARK ON PROPERTY LOCATED EAST OF QUAIL WEST AND SOUTH OF THE LEE - COLLIER LINE IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 642.34+/ - ACRES; PROVIDING FOR REPEAL OF ORDINANCE NO. 03 -42; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners approved Ordinance No. 2003 -42, the Parklands PUD on September 9, 2003; and WHEREAS, County staff approved a minor amendment to the PUD on October 25, 2005 to relocate an internal roadway; and WHEREAS, Bruce Anderson, Esquire of Roetzel & Andress and Robert Duane, AICP of Hole Montes, representing Parklands Associates I, LLLP, petitioned the Board of County Commissioners to change the PUD by reducing the residential dwelling units from 1603 dwelling units to 850 residential dwelling units, increasing the preserve to 341± acres, deleting golf courses as a permitted use, revising development standards, requesting deviations from the Land Development Code, and eliminating a 7.231 acre park. Parklands PUDA \ PL2010 -1551 Rev. 05/16112 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 Section 9, Township 48 South, Range 26 East, Collier County, Florida is changed from a Planned Unit Development zoning district to a Residential Planned Unit Development (RPUD) for a project to be known as the Parklands RPUD, to allow construction of a maximum of 850 residential dwelling units in accordance with the Parklands RPUD document, attached hereto as Exhibits "A" through "F ", and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: Ordinance No. 03 -42 is hereby repealed in its entirety. 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 day of , 2012. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA .51 By: Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency: Heidi Ashton -Cicko Managing Assistant County Attorney Parklands PUDA \ PL2010 -1551 Rev. 05/16/12 2 of 3 Attachments: Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit C -1 — Boundary Marker and Project Entrance Signs Exhibit C -2 — Typical Roadway Sections Exhibit C -3 - Logan Boulevard North Sections Exhibit D — Legal Description Exhibit E — List of Deviations Exhibit F — Developer Commitments CP \11- CPS - 01080 \43 Parklands PUDA \ PL2010 -1551 Rev. 05/16/12 3 of 3 0 EXHIBIT A PERMITTED USES THE PARKLANDS RPUD 1. GENERAL USES PERMITTED THROUGHOUT THE RPUD EXCEPT IN THE PRESERVE AREA (P) A. Permitted Principal Uses: 1. Agricultural uses including related accessory uses and structures. Agricultural uses in any particular area shall be completely terminated prior to the issuance of any residential building permits for that area. 2. Essential services as provided for in the LDC that do not require a Conditional Use. 3. Water management facilities and related structures including lakes with or without bulkheads or other architectural or structural bank treatments. 4. Playgrounds, playfields, lakes, commonly owned open space, and pedestrian sidewalks/bikepaths. 5. Lake excavation. 6. Landscape features including, but not limited to, landscape buffers, berms and walls in accordance with the LDC. 7. Model homes and sales centers. 8. Guardhouses, gatehouses, and access control structures (located outside the Logan Boulevard North ROW). 9. Parks, recreational facilities and community centers to serve the PUD. 10. Any other principal use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. B. Permitted Accessory Uses 1. Tennis clubs, health spas, dining facilities and other recreational clubs primarily to serve residents and guests. 2. Maintenance areas, maintenance buildings, utility storage buildings, irrigation water and effluent storage tanks and ponds, all to serve the PUD. n Page 1 of 20 C:\ Users\ DeselemKay \AppData\Local\Microsoft \Windows \Temporary Internet Files \Content.Outlook\F4UWLT09 \The Parklands RPUD PUDA -PL- 2010 -1551 (5- 8- 2012).doc 3. Signs, as permitted by the LDC provisions in effect at the time building permits are requested with deviations as stated in Exhibit E of this Ordinance. 4. Open space uses and structures including, but not limited to nature trails, riding trails, fitness trails and shelters, boardwalks, gazebos and picnic areas. 5. Docks, piers and the like, for residential use constructed for purposes of lake recreation for residents of the project. 6. Shuffleboard courts, tennis courts, volleyball courts, swimming pools, tot lots and other similar facilities intended for outdoor recreation. 7. Commercial /retail establishments, including tennis equipment sales, gift shops, restaurants, cocktail lounges, and similar uses, intended to serve residents and their guests. This use shall be located at the Recreation Site. 8. Customary accessory uses or structures incidental to recreational areas and/or facilities, and structures constructed for the purposes of maintenance, storage, or shelter with appropriate screening and landscaping. 9. Telecommunications facilities, including but not limited to, digital, fiber optic, microwave, satellite, UHF, VHF, FM, AM short-wave, and other sending and receiving facilities and structures, subject to applicable permitting and written approval by the developer or master homeowners' association that do not require a Conditional Use. 10. Any other accessory use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. 2. RESIDENTIAL (R) A. Permitted Principal Uses 1. Single - family detached dwellings. 2. Single - family zero lot line dwellings. 3. Single - family attached and townhouse dwellings. 4. Two - family and duplex dwellings. Page 2 of 20 C:\ Users\ DeselemKay \AppData\Local\Microso8 \Windows \Temporary Intemet Files \Content.Outlook\F4UWLT09 \The Parklands RPUD PUDA -PL- 2010 -1551 (5- 8- 2012).doc 5. Multi- family dwellings. 6. Model homes conforming to housing types described in 2.A.1 through 2.A.5 above. 7. Any General Permitted Principal Use listed in Section LA of this Ordinance. 8. Any other principal use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. B. Permitted Accessory Uses 1. Customary accessory uses and structure, including but not limited to private garages and swimming pools, spas, screen enclosures, gazebos, and recreational facilities designed to serve the development. 2. Signs as permitted by the LDC provisions in effect at the time building permits are requested including the standards of Exhibits B and E of this Ordinance. 3. Common area recreation and utility facilities. 4. Any General Permitted Accessory Use listed in Section LB of this Ordinance. 5. Any other accessory use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. C. Density 1. A maximum number of 850 dwelling units may be constructed as set forth in the Development Standards Table. 2. Density may vary according to the housing type placed on each tract. 3. Single - family housing types may be mixed with respect to housing structure and lot orientation within the same platted tract, which may include single - family detached (zero -lot -line and non - zero -lot- line), single - family attached and townhouse. However, single - family and multi- family housing types may not be mixed on the same platted development tract. 3. PRESERVE (P) Page 3 of 20 C:\ Users\ DeselemKay \AppData \Local\Microsoft\Windows \Temporary Intemet Files \ContentOutlook\F4UWLT09 \The Parklands RPUD PUDA -PL- 2010 -1551 (5- 8- 2012).doc A. Permitted Principal Uses 1. Nature trails including boardwalks and pedestrian/bicycle bridges; 2. Recreational shelters and rest rooms in upland preserves only; 3. Benches; 4. Viewing platforms; 5. Paths and bridges to provide access from the uplands; 6. Drainage and water management structures; 7. Any uses in addition to the foregoing permitted in preserve areas by the LDC in effect at the time of RPUD approval; and 8. Any other principal use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. B. Permitted Accessory Uses 1. Accessory uses and structures customarily associated with the uses permitted in the Preserve Area, including landscaping, revegetation and restoration; and, minimum excavation, when required for restoration or for water management facilities. 2. Any other accessory use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. 4. SCHOOL SITE (S) A. Permitted Principal Uses 1. No uses other than a public elementary school shall be allowed on the School Site unless the developer or master homeowner's association records a notice in the public records that this restriction has been waived in whole or in part. If so waived, any of the principal and accessory general and residential uses permitted in the RPUD are also permitted on the School Site. This restriction may be recorded in the public records and shall be included in the deed to the School Board. B. Permitted Accessory Uses Page 4 of 20 C:\ Users\ DeselemKay \AppData\Local\Microsoft \Windows \Temporary Internet Files \Content.Outlook\F4UWLT09 \The Parklands RPUD PUDA -PL- 2010 -1551 (5- 8- 2012).doc 5 if 7. a Access control structures, pedestrian sidewalks, communication facilities and similar uses accessory to a school site. BUFFERS (OS /B) A. The perimeter buffer along the western property line shall be 35 feet in width and may be located within the area previously conveyed to Collier County as right of way (60 feet in width) and subsequently conveyed back by Collier County (per O.R. Book 3603, Page 858). The portion of the perimeter buffer located along the northern property line adjacent to the development area shall be 35 feet in width. The southern, northern and eastern perimeters that are contained in the preserve area shall be deemed to satisfy the LDC requirements for buffers along these perimeters. B. A final determination shall be made. of the type of buffers required at the time of SDP or plat approval based on the adjacent land uses. LAKES (L) A. The minimum lake setback to right -of -way, road access easement, or external property line, including those adjacent to Logan Boulevard North, may be twenty (20) feet if the right -of -way, roadway access easement or external property line is properly protected in the vicinity of the lake by berm, fencing or landscaping. SIGNAGE A. Boundary Markers: Two boundary markers or monuments may be located at the project development area, adjacent to Logan Boulevard North right -of -way (see Exhibit C -1). B. Project Entrance Signs: Two ground or wall - mounted Parcel Entrance Signs may be located at the main entrance of the RPUD on Logan Boulevard North (see Exhibit C -1). C. See Exhibit E for sign deviations. CROSS SECTIONS A. See Exhibit C -2 typical roadway cross sections and Exhibit C -3, Logan Boulevard North cross sections. Page 5 of 20 C:\ Users\ DeselemKay \AppData \Local\Microsoft \Windows \Temporary Intemet Files \ContentOutlook\F4UWLT09 \The Parklands RPUD PUDA -PL- 2010 -1551 (5- 8- 2012).doc EXHIBIT B DEVELOPMENT STANDARDS THE PARKLANDS RPUD The Parklands Development Standards Table PERMITTED USES Single - Zero Two Single- Multi- Model Guard Preserve Recreation AND STANDARDS Family Lot Family Family Family Homes Gate Area Site Detached Line &Duplex Attached/ Dwellings (R) House Structures (RS) (R) (R) (R) Townhouse (except (ROWS) (P) (more than Townhouse) 2 units) (R) (R) Minimum Lot Area 5,000 SF*' 4,000 SF*' 3,500 SF '° 3,500 SF ' z 9,000 SF ' N/A N/A 1 acre Minimum Lot Widths 50' 40' 35' 35' 90' N/A N/A 100' Minimum Lot Depth 100' 100' 100' 100' 100' N/A N/A 100' Front Yard Setbacks 20' To- ' a 20' ' 20' N/A N/A 25' Front Yard Accessory 20' 20' 20' N/A N/A 10' Setbacks 20' Side Yard Setbacks 6 O' or 10 7.5' 7.5' N/A N/A 10' Side Yard Accessory Setbacks S.P.S. *9 S.P.S. *9 S.P.S. *9 S.P.S. *9 N/A *5 *6 10, Rear Yard Setbacks 15' 15' 15' 15' N/A *5 *6 N/A 10' Rear Yard Accessory setbacks 5' 5' 5' 5' N/A *5 *6 N/A 10' Maximum Building 2 stories 2 stories 2 stories 2 stories not 2 stories not 2 stories 2 stories Height not to not to not to to exceed to exceed not to not to exceed exceed exceed 30' 50' exceed exceed Zoned 30' 30' 30' 40' 60' *5 30' 25' 35' Actual 40' 40' 40' *5 40' 35' 50' Distance Between Principal & Accessory 10' 10' 10' 10' 20' *7 *5 N/A N/A 10' Structures Distance Between 10' 0' or 10' 15' 15' 30' N/A N/A 10' Principal Structures Floor Area Minimum 1,000 SF 1,000 SF 1,000 SF 1,000 SF 750 SF N/A N/A N/A Setbacks from Preserve Areas — 25' 25' 25' 25' 25' *5 25' N/A 25' Principal Structures *8 Setbacks from Preserve Areas — 10' 10' 10' 10' 10' *5 10' N/A 10' Accessory Structures Setback from Parcel N/A N/A N/A N/A 25' N/A N/A 10' 25' Boundary I or rerers to square teet. fui omer measurements are in smear teet. *2 3,500 SF of lot area per dwelling unit. *3 Minimum lot width may be reduced by 20% for cul -de -sac lots provided the minimum lot area requirement is maintained. *4 Front yards shall be measured as follows: A. If the parcel is served by a public right -of -way, setback is measured from the adjacent right -of -way line. �..� Page 6 of 20 C:\ Users\DeselemKay\AppData\Local\ Microsoft \Windows \Temporary Internet Files \ContentOutlook\F4UWLT09 \The Parklands RPUD PUDA -PL- 2010 -1551 (5- 8- 2012).doc B. If the parcel is served by a private road, setback is measured from the back of curb or edge of pavement (if not curbed). C. If the parcel has private road frontage on two sides, the setback is measured from the side with the shortest frontage with the other frontage designated as a side yard. D. The garage must be setback a minimum of 23 feet. *5 Same as Residential Zoning District where model home is located. *A Minimum V 14nm road nd ar of navrmnnt nr harlr of rnrh and minimum I V frnm T naan P -1-7 —i T.Tnrth P nW linr m�N m m m IIJI LL7 7 6 M a- O O Z w O d O N u t Z it M it Ci i1 N M m N A N O N ❑: -:.i' O U J p m .-mm N d R J W W U U Z Q Q ui m m m 6? 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REMSIONS PER OWNER Parklands Collier 7 0 F 1117, P--! 2, pvt I by G.L.Homes OLHOMES Oj of .2 7�j 0 O � i Iii -07 E Ln 0 6O' RIGHT -OF -WAY 1' 1 5' 7' 2' CONIC. 1 S/W 4' BIKE (OPT.) 11' MIN. -11' MIN. 1 4' 2' BIKE (OPT. E r 7' 1 ' 1 1' CONIC. - S/W 1 D2 ft ft .02 ft ft SEWAGE FORCE MAIN IRRIG. MAIN---O GRAVITY SANITARY SEWER WATER MAIN CONC. VALLEY GUTTER OR CURB & GUTTER (TYPICAL) 1 1/2" AC WEARING COURSE 12' THICK (MW.) STABILIZED (TYPE S -III) SUBGRADE, (LBR 40) 6- THICK (MIN.) COMPACTED UMEROCK INTERIOR ROAD SECTION (60' R,O.W.) 50' RIGHT -OF-WAY 4' 5' 4' IfI 10' 10 2' 4' 5' 4' NOTE 1 sj'w' cs I MINOR DETAILS OF ROAD SECTIONS 1 1 AND UTILITY PLACEMENT SUBJECT oz ft n o2 a tf TO CHANGES IN FINAL DESIGN FORCE MAW ' IRRIG. MAIN --O SANITARY WATER MAIN GRAVITY COIJC. VALLEY GUTTER OR SEWER CURB & GUTTER (TYPICAL) 1 1/2" AC WEARING 12" THICK (MIN.) STABILIZED COURSE (TYPE S -110 SUBGRADE, (LBR 40) 6- VICK (MIN.) COMPACTED LIMEROCK INTERIOR ROAD SECTION (50' R.O.W.) 40' RIGHT -OF -WAY 10' 10' 2' X 5' CONC. ONE SIDE ONLY) S/W .02 ft ft I 1 .02 ft ft SEWAGE I FORCE MAIN IRRIG. MAIN--O 0 SANITARY kWATER MAIN GRAVITY CONIC. VALLEY GUTTER OR SEWER CURB & GUTTER (TYPICAL) 1 1/2- AC WEARING 12- THICK (MIN.) STABILIZED COURSE (TYPE S -III) SUBGRADE; (LBR 40) 6' THICK (MIN.) COMPACTED UMEROCK INTERIOR ROAD SECTION (40' R.O.W.) -10'UZ 5' SIDEWALK. TYPICAL (ONE SIDE ONLY R/W LINE FOR 40' R/W) — 2D'R 2' WADE: VALLEY — — 1D' U.E. 26'R \ GUTTER I} 30'R R/W UNE- 44Y OR _ 50' R.O.W. �- o 10' UU -E 60'R 48'R ' R/'H UN� I .— \. / 6' WIDE CONCRETE 2' WIDE CONC. VALLEY GUTTER - SIDEWALK OR CURB & GUTTER tTYPICAL) CUL -DE -SAC DIMENSIONING REVISED 11 /2011 LOGAN BLVD. SECTION REMOVED & DEPICTED ON NEW EXH. C -3 REVISED 07/2011 CUL -DE -SAC DIMENSIONS AND MISC. "wA 950 Encore T. wan THE PARKLANDS 00' RIGHT-OF-WAY THE PAT9O.ATS PR .OEVE1 CIZENT .AREA 'w. 40' VARIES 10' 5' 12' 11' or 12' (25 -35') MULTI-USE I I PATH I EXIST I r - GRADE EXIST GRADE WATE R MAIN SEWAGE FM. - - - - -- LEFT TURN LANE- O-- IRRIGATION MAIN -- IF REOD FOR SECOND ENTRANCE COWER&EE COUNTY UNE TO THE PARKLANDS MAIN ENTRANCE BO' RIGHT- OF-WAY WEST 1.91E OF SEC710M 16 40' 40' 12' 4' 2' 12' 12' MULTI -USE I PATH J I EXIST. GRADE I- EXIST GRADE F.M. ROAD VADENING AS REQUIRED FOR RIGHT � /� WATER MAIN -! QSEWACE -- IRRIGATXIN MAIN AND LEFT TURN LANES AT MAN ENTRANCE THE PARKLANDS MAN ENTRANCE TO NORTH OF TERAFINA ENTRANCE 00' RICHT -OF -WAY SIDEWALK ESMT. INEST LINE OF SECTION 16 5' 4' 12' IFFf 'TURN 12' RIGHT TURN 6' S/W TRAVEL LANE LANE TRAVEL_ LANE LANE- MULTI -USE PATH MEL�IA. VARIES EXIST - -__.- - EXIST - EXIST GRADE I A IRRIGATION 1V WATER MAIN- SEWAGE FM. ---O MAIN WEFT LIKE CF-1 SECTION 19 I I I aJn 4 lL L'L 1 I _ `WATER EXIST. GRADE Q MAN MULTI -USE I I PATH I 1 EXIST. GRADE SEWAGE F.Id:� -- - --- 48" RCP STORM IRRIGATION MAN SOUTH OF TERAFINA ENTRANCE TO SECTION 16/21 LINE 60' RIGHT -OF -WAY WEST lllE r5' n4� 12 12' SECTION 2i 5' tr I MULTI -USE OF S' .HIGH WALL ' I I PATH EXIST. GRADE ER Qj WATTER `Rf8GA710N MAIN MAN SEWAGE F.M. 4W RCP STORM SECTION 16/71 LINE TO NORTH OF OLDE CYPRESS ENTRANCE B' HIGH WALL (BY OTHERS) EXIST. NOTES. - -_. 1. SECTIONS ORIENTED LOOKING NORTH. 2 CONSTRUCTION MATERIAL OF MULTI- USE PATH SHALL BE CONCRETE (6" THICK). 3. MINOR DETAILS OF ROAD SECTIONS. AND UTILITY PLACEMENT SUBJECT TO CHANGES IN FINAL DESIGN. 4. TRANSITIONS REQUIRED BETWEEN SECTIONS NOT SHOWN. EXHIBIT D LEGAL DESCRIPTION THE PARKLANDS RPUD All of Section 9, Township 48 South, Range 26 East, Collier County, Florida, less and except the South 30 feet conveyed to Collier County in Official Records Book 484, Page 533, Official Records Book 548, Page 881, and Official Records Book 548, Page 883, all in the public records of Collier County, Florida. Together with the West 60 feet of the South 30 feet of Section 9, Township 48, Range 26 East, Collier County, Florida. Containing 642.239 acres, more or less. Page 11 of 20 C:\ Users\ DeselemKay \AppData \Local\Microsoft\Windows \Temporary Intemet Files \Content.Outlook\F4UWLT09 \The Parklands RPUD PUDA -PL- 2010 -1551 (5- 8- 2012).doe EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC THE PARKLANDS RPUD (PREVIOUSLY APPROVED SUBDIVISION DEVIATIONS IN ORDINANCE NO. 03 -42 TO STILL REMAIN IN EFFECT) 1. Sidewalks/bicycle paths shall conform to the provisions of the LDC, except that sidewalks shall only be required on one side of the street in the case of local right -of -way streets forty (40) feet in width. (LDC 6.06.02.A.1). 2. Street name markers and traffic devices shall be approved by the County Engineer. Conformance with USDOT/FHWA/MUTCD is waived. Street pavement painting, ^ requirements for striping and reflective edging on secondary road systems and reflective edging main road system shall be waived. Traffic circulation signage shall be in conformance with USDOT/FHWA/MUTCD standards. (LDC 10.02.05.E.3.o). 3. The LDC requirement for blank utility casing installations shall be waived. (LDC 6.01.0l.D). 4. The standard that PRMs be installed in a typical water valve cover shall be waived subject to monumentation being installed in accordance with Chapter 177, Florida Statutes. (Construction Standards Manual Revised in Supp. 17 (03 -55)). 5. All cul -de -sacs and local streets, whether more or less than 1,000 feet in length, are required to have a minimum forty (40) foot right -of -way width and two ten -foot wide travel lanes and are waived from the requirements of the LDC. (Construction Standards Manual Revised in Supp. 17 (03 -55)). 6. Cul -de -sacs may exceed the maximum 1,000 -foot length LDC requirement. (Construction Standards Manual Revised in Supp. 17 (03 -55)). 7. Back of curb radii at street intersections shall be a minimum of thirty (30) feet, except at project entrance intersections where the radii shall be forty (40) feet and are waived from Page 12 of 20 C:\ Users\ DeselemKay \AppData\Local\Microsoft \Windows \Temporary Internet Files \ContentOutlook\F4UWLT09 \The Parklands RPUD PUDA -PL- 2010 -1551 (5- 8- 2012).doc the requirements of the LDC. (Construction Standards Manual Revised in Supp. 17 (03- 55)). 8. The minimum 75 -foot tangent standard at intersections may be reduced subject to a certified traffic analysis based upon design speed, site distance, and adequate recovery zone and are waived from the requirements of the LDC. (Construction Standards Manual Revised in Supp. 17 (03 -55)). 9. The LDC requirement for tangents between street curves shall be waived. (Construction Standards Manual Revised in Supp. 17 (03 -55)). 10. Street grades may exceed the four percent (4 %) maximum required by the LDC provided that the applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met and are waived from the requirements of the LDC. (This deviation is not applicable to Logan Boulevard North). (Construction Standards Manual Revised in Supp. 17 (03 -55)). (NEW DEVIATIONS) 1. Deviation No. 1 seeks relief from LDC Section 5.04.04.B.3.e, Model Homes and Model Sales Centers, which provides that a temporary use permit for a model home (occupied or unoccupied) shall be issued initially for a period of three (3) years. The requested deviation is to allow the model homes to remain in effect until the last ^ certificate of occupancy has been issued for the RPUD without the 3 -year limitation. 2. Deviation No. 2 seeks relief from LDC Section 5.04.04.B.5.c, Model Homes and Model Sales Centers, which provides that a maximum of five (5) models, or a number of corresponding to ten (10) percent of the total number of platted lots, whichever is less, per platted, approved development shall be permitted prior to final plat approval as specified above. The requested deviation provides up to 16 model homes and a sales center to be permitted in the RPUD. 3. Deviation No. 3 seeks relief from LDC Section 5.06.02.B.6., Development Standards for Signs within Residential Districts, which allows on- premises signs within residential districts. Two ground signs with a maximum height of 8 feet or wall, residential entrance or gate signs with a maximum height of 8 feet may be located at each entrance to multi- family or single - family development and mobile home or recreational vehicle park. The requested deviation is to allow two (2) entrance signs and two (2) boundary marker signs depicted in Exhibit C -1. These signs will be a maximum 10 feet in height. The boundary markers will be located adjacent to the project development along Logan Boulevard North. The deviation is to allow additional signage along Logan Boulevard North including a total of three signs 10 feet in height with up to 60 square foot copy area Page 13 of 20 C:\ Users\ DeselemKay \AppData\Local\Microsoft \Windows \Temporary Intemet Files \Content.0utlook\F4UWLT09 \The Parklands RPUD PUDA -PL- 2010 -1551 (5- 8- 2012).doc or a combined copy area of up to 120 square feet (both sides). (See Deviation No. 5 for height. See Deviation No. 4 for copy area). 4. Deviation No. 4 seeks relief from LDC Section 5.06.02.B.6.b, Development Standards for Signs within Residential District, which allows the ground or wall sign not to exceed a combined area of 64 square feet and shall not exceed the height and length of the wall or gate upon which it is located. The deviation is to allow the two project entrance signs and two boundary marker signs to be a maximum of 60 square feet in area and a maximum combined area of 120 square feet for two -sided signs. 5. Deviation No. 5 seeks relief from LDC Section 5.06.02.B.6 which provides that on- premise signs within residential districts are allowed a maximum height of 8 feet The requested deviation is to allow a maximum height of 10 feet for the two entrance signs and two boundary marker signs. Sign height will be measured per the LDC. 6. Deviation No. 6 seeks relief from LDC Section 5.06.02.B.5.b, Development Standards for Signs within Residential District, which allows directional signs to be combined into one sign with a maximum height of 8 feet and a maximum area of 24 square feet. The requested deviation is to allow for no limitation on the number of combined signs provided they are separated by a minimum distance of 100 feet or a road right -of -way. 7. Deviation No. 7 seeks relief from LDC Section 5.06.02.B.5.a, Development Standards for Signs within Residential District, which allows on premise directional signs be set back a minimum of 10 feet from the edge of the roadway, paved surface or back of the curb, as applicable. The requested deviation is to allow the directional sign to be located five feet from a roadway or platted easement, excluding public roadways, if it does not result in public safety concerns or obscure visibility of the motoring traffic. Deviation No. 8 seeks relief from LDC Section 5.06.02.B.1.a, Development Standards for Signs within Residential District, which allows a maximum height of 8 feet within residential zoning districts, and as applicable to designated residential portions of RPUD zoned properties, or as otherwise provided within this Code. The requested deviation is to allow the height of the entry and boundary marker signs to be 10 feet. 9. Deviation No. 9 seeks relief from LDC Section 6.06.02.A.1, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks on both sides of a local street that is adjacent to the site. Page 14 of 20 C:\ Users\ DeselemKay \AppData\Local\Microso8 \Windows \Temporary Intemet Files \Content.Outlook\F4UWLT09 \The Parklands RPUD PUDA -PL- 2010 -1551 (5- 8- 2012).doc The requested deviation is to allow a sidewalk five feet in width on just one side of the n street for local roadways 40 feet in width (see also Exhibit C -2). This does not include the main spine road which connects directly to Logan Boulevard North. 10. Deviation No. 10 seeks relief from LDC Section 6.06.01.0 and Appendix B, (Street System Requirements), which requires 4 travel lanes and median separator with a right - of -way width as required for a major collector or arterial roadway. The requested deviation is to allow construction of Logan Boulevard North with 2 travel lanes within a 60- foot -wide or 80- foot -wide right -of -way as depicted on Exhibit C -3. 11. Deviation No. 11 seeks relief from LDC Section 6.06.02.A.1, and Appendix B (Sidewalks, Bike Lane and Pathway Requirements) which requires 6- foot -wide sidewalks on both sides of an arterial or major collector roadway. The requested deviation is to require only one 10- foot -wide or 12- foot -wide multi -use path on one side of Logan Boulevard North or a combination of an 8- foot -wide multi -use path and 5- foot -wide sidewalk as depicted on Exhibit C -3. 12. Deviation No. 12 seeks relief from LDC Section 5.04.06.B.l.b.i, Temporary Signs, which requires that special event signs shall be erected not more than 15 calendar days prior to the supporting event and shall be removed within 7 calendar days after the event has taken place. Special events are for sales and similar promotional events for n marketing. The requested deviation is to allow such signs or banners for up to 3 months at a time for special events such sales events, model home openings, and similar promotional events. 13. Deviation No. 13 seeks relief from LDC Section 5.04.06.A.3.d, Temporary Signs, which requires that temporary signs shall not exceed 32 square feet in area in sign area. The requested deviation is to allow temporary signs and banners to be 64 square feet in area. 14. Deviation No. 14 seeks relief from LDC Section 4.03.08.A.4, Facilities and Service Improvement Requirements, which requires no more than 4,000 average daily trips per project access point. The requested deviation is to permit one project access point on Logan Boulevard North for the first 650 dwelling unit building permits based on a maximum trip generation rate of 566 peak hour two -way trips. If more than 650 dwelling unit building permits are issued, a second project access point in lieu of an emergency access shall be required on Logan Boulevard North, 15. Deviation No. 15 relates to Collier County Code of Ordinances Section 22- 110(a)(3)b, n excavation review provisions of the applicable laws and County ordinances, that require Page 15 of 20 C:\ Users\ DeselemKay \AppData \Local\Microsoft \Windows \Temporary lntemet Files \Content.Outlook\F4UWLT09 \The Parklands RPUD PUDA -PL- 2010 -1551 (5- 8- 2012).doc approval by the Board during the rezone and/or preliminary subdivisions plat process to remove and have off -site excavated material in an amount in excess of ten percent (and in excess of 20,000 cubic yards) of the total volume excavated. This deviation serves to satisfy the requirement that intentions to remove the material must be clearly stated during the development review and approval process. The requested deviation is to allow the off -site removal of fill in excess of ten percent and in excess of 20,000 cubic yards of excavated material for the construction of Logan Boulevard North. Use of the excavated material on -site and for the construction of Logan Boulevard North shall not require a traffic study. However, a specific use traffic study shall be required for off -site hauling to other locations that require the use of County roads other than Logan Boulevard North. EXHIBIT F DEVELOPER COMMITMENTS THE PARKLANDS RPUD 1. GENERAL A. The Parklands DRI was approved prior to the adoption of the Collier County Growth Management Plan and continues to be vested for consistency and concurrency in accordance with Section 163.3167(5), Florida Statutes, and is exempt from any transportation related or other moratoria. Nothing herein shall be construed as limiting or modifying the vested rights of the Parklands n development. B. The buildout of the project shall be governed by the dates set forth in the DRI Development Order or any amendments thereto. C. The developer shall obtain and utilize all available on site fill needed for the construction of Logan Boulevard North and for the project's fill needs prior to hauling in any fill from off site locations. The County shall administratively review and permit the lake excavations depicted on the RPUD master plan, and give consideration to deeper lakes (in accordance with SFWMD requirements) so as to maximize the amount of on -site fill that can be generated for the Logan Boulevard North so as to minimize hauling of imported fill for the project needs and Logan Boulevard North construction. 2. TRANSPORTATION A. Except as may be provided by written agreement with the County, the developer shall construct a two (2) lane road, known as Logan Boulevard North Phase 1, extending from the present terminus of Logan Boulevard North at the Olde Cypress development north to the first entrance to the Parklands. Phase 1 of Logan Boulevard North will be completed prior to the issuance of the first certificate of occupancy. The developer shall not be entitled to impact fee credits Page 16 of 20 C:\ Users\ DeselemKay \AppData\Local\Microsoft \Windows \Temporary lntemet Files \Content.0utlook\F4UWLT09 \The Parklands RPUD PUDA -PL- 2010 -1551 (5- 8- 2012).doc for the construction of Logan Boulevard North Phase 1. Phase 2 of Logan Boulevard North extends from the first entrance to the Parklands north to Bonita Beach Road. The timing and terms for construction of Logan Boulevard North Phase 2 shall be as established in the Developers Contribution Agreement. B. The developer(s), its successor(s) in title, or assignee(s), shall be responsible for the cost of a traffic signal at the main development entrance on Logan Boulevard North located within the Parklands RPUD when determined warranted and approved by Collier County Transportation Staff. Contingent upon the completed installation, inspection, burn -in period, and final approval the traffic signal (as defined by the applicable Developer Contribution Agreement), said traffic signal shall be conveyed to Collier County for ownership and maintenance. If a traffic signal is not warranted, as determined by Collier County Transportation's staff, the developer's obligation for the traffic signal shall end 12 months after the date of the last residential C.O. C. The project main entrance from Logan Boulevard North shall have two lanes in and two lanes out. D. The developer shall provide a second project entrance on Logan Boulevard North prior to the issuance of the first building permit for the 651 st dwelling unit. This entrance shall not be signalized. Its location may differ from that shown on Exhibit C, the Master Plan, but it must comply with Access Management Policy in effect at the time. If only one entrance is provided on Logan Boulevard North (because less than 651 dwelling units are constructed), an entrance for emergency vehicles shall be provided as generally depicted on the RPUD Master Plan. The emergency entrance shall be constructed concurrently with the adjacent tract and internal roadway. E. No new or additional access points to Logan Boulevard North (in excess of that depicted on the RPUD Master Plan) shall be permitted. UTILITIES A. The developer, its assigns or successors shall negotiate with the County for the use of treated sewage effluent within the project limits for irrigation purposes, subject to availability. The developer shall be responsible for providing all on -site piping and pumping facilities from the County's point of delivery to the project and negotiate with the County to provide full or partial on -site storage facilities, as required by the DEP, consistent with the volume of treated wastewater to be utilized and subject to availability of treated effluent. B. Connection to the County's off -site water and/or sewer facilities along CR 846 (Immokalee Road) will be made by the developer, its assigns or successors at no cost to the County after legal access is available. The cost of connection shall n include, but shall not be limited to, all engineering design, and preparation of Page 17 of 20 C:\ Users\ DeselemKay \AppData\Local\Microsoft \Windows \Temporary Intemet Files \Content.Outlook\F4UWLT09 \The Parklands RPUD PUDA -PL- 2010 -1551 (5- 8- 2012).doc construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County off -site facilities, and water and/or sewer lines necessary to make the connection(s). The developer may share these expenses with other users, if applicable, or if the developer funds more than its proportionate share of these costs, then the County shall collect and reimburse the developer when other users connect (on a proportionate basis) to the system. C. Detailed hydraulic design reports for the water distribution and wastewater collection and transmission systems to serve the project shall be submitted to the Public Utilities Division prior to or concurrent with submission of construction documents during subdivision or site development plan review for the project. Design of the utilities improvements shall include the following: 1. The developer shall grant a 15- foot -wide utility easement (at no cost to the County) in one of the western residential tracts from the internal roadway to the western project boundary abutting Quail West for a future interconnection of the water distribution mains. The developer shall choose the location of the easement. The County shall be responsible for the costs of the interconnection and for obtaining a utility easement in Quail West. 2. The wastewater improvements will include extending the wastewater force main serving Olde Cypress and Terafina along Logan Boulevard North as required to serve The Parklands. The developer will also provide a design acceptable to Public Utilities PPMD which is hydraulically compatible with the Olde Cypress and Terafina pumping stations. The Parklands collection system will be designed with one (sub)master pumping station connected to the extended force main and will consist of duplex variable frequency drive (VFD) submersible pumps meeting the requirements of Public Utilities PPMD. Should development patterns in the area or design standards change significantly prior to development of the Parklands, other design alternatives may be considered. D. All construction plans and technical specifications related to connections to the County's off -site water and/or sewer facilities will be submitted to the Public Utilities PPMD for review and approval prior to commencement of construction. E. The developer, its assigns or successor shall pay all water and sewer impact fees in effect at the time that building permits are required pursuant to appropriate County ordinances and regulations in effect at the time of building permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. F. The developer, its assigns or successors shall be responsible to connect to treatment and disposal and/or water supply and distribution services facilities at a Page 18 of 20 C:\ Users\ DeselemKay \AppData\Local\Microsoft \Windows \Temporary Intemet Files \Content.Outlook\F4UWLT09 \The Parklands RPUD PUDA -PL- 2010 -1551 (5- 8- 2012).doc point to be mutually agreed upon by the Public Utilities PPMD and the developer, with the Parklands assuming all costs for the connection work to be performed. 4. ENVIRONMENTAL A. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty - five (25) feet from the landward edge of wetlands except where natural buffers are not possible or not feasible. In this event, only structural buffers shall be required and shall be constructed in accordance with the State of Florida Environmental Resources Permit (ERP) Rules and shall be subject to review and approval by County Manager or his designee. (No structural buffers are to be permitted in preserve area). B. The project provides for 341.2 acres of preserve area as depicted on the RPUD Master Plan. Based on the environmental assessment, 131.6 acres of native vegetation exists on the site, therefore, only 32.9 acres was required to be preserved. C. One management plan for the entire project shall be submitted in accordance with the requirements and procedures of the LDC for listed species including but not limited to Black Bear, Gopher Tortoise and listed birds. The management plan shall be submitted prior to development of the first phase of the project. 5. SCHOOL A. The developer, or its successors or assigns, agrees to donate to the Collier County School District, subject to school impact fee credits, a fifteen (15) acre school site in the location depicted on the RPUD Master Plan. The -developer or his successors or assigns: 1. Will convey the fee simple title for the school site to the School District prior to the commencement of construction, or within 90 days of request by the School District. 2. The site shall only be used for a public elementary school with access control structures, pedestrian sidewalks, communication facilities and similar uses accessory to a school site. (See Section 5.A.1). No uses other than a public elementary school shall be allowed on the School Site unless the developer or master homeowners association records a notice in the public records that this restriction has been waived in whole or in part. If so waived, any of the principal and accessory residential uses permitted in the RPUD are also permitted on the School Site. This restriction may be recorded in the public records and shall be included in the deed to the School District. Page 19 of 20 C:\ Users\ DeselemKay \AppData \Local\Microso8 \Windows \Temporary Intemet Files \Content.Outlook\F4UWLT09 \The Parklands RPUD PUDA -PL- 2010 -1551 (5- 8- 2012).doc A. The developer shall pay fire impact fees to the North Naples Fire Control District. 7. PUD MONITORING A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close -out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close -out of the PUD. At the time of this PUD approval, the Managing Entity is Parklands Associates I, LLLP. 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, with the exception of individual residential lots, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 8. DEVELOPMENT OF REGIONAL IMPACT (DRI) A. The Developer, its successors in interest, and all future assigns or designees shall adhere to all commitments made in the Development of Regional Impact (DRI) Application for Development Approvals (ADA), sufficiency responses, and attachments for this amendment and all previously adopted DRI Development Order (DO) actions for this project as amended. Page 20 of 20 C:\ Users\ DeselemKay \AppData\Local\Microsoft \Windows \Temporary Intemet Files \Content.0utlook\F4UWLT09 \The Parklands RPUD PUDA -PL- 2010 -1551 (5- 8- 2012).doc EXHIBIT A PERMITTED USES /I—,-. THE PARKLANDS RPUD 1. GENERAL USES PERMITTED THROUGHOUT THE RPUD EXCEPT IN THE PRESERVE AREA (P) A. Permitted Principal Uses: 1. Agricultural uses including related accessory uses and structures. Agricultural uses in any particular area shall be completely terminated prior to the issuance of any residential building permits for that area. 2. Essential services as provided for in the LDC that do not require a Conditional Use. 3. Water management facilities and related structures including lakes with or without bulkheads or other architectural or structural bank treatments. 4. Playgrounds, playfrelds, lakes, commonly owned open space, and pedestrian sidewalks/bikepaths. 5. Lake excavation. 6. Landscape features including, but not limited to, landscape buffers, berms and walls in accordance with the LDC. 7. Model homes and sales centers. 8. Guardhouses, gatehouses, and access control structures (located outside the Logan Boulevard North ROW). 9. Parks, recreational facilities and community centers to serve the PUD. 10. Any other principal use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. B. Permitted Accessory Uses 1. Tennis clubs, health spas, dining facilities and other recreational clubs primarily to serve residents and guests. 2. Maintenance areas, maintenance buildings, utility storage buildings, irrigation water and effluent storage tanks and ponds, all to serve the PUD. Page 1 of 21 \ \bcc. colliergov. net \data \CPSHARE \CPWin \History\120508_0001 \5B4B.32 Rev. 5/16/12 3. Signs, as permitted by the LDC provisions in effect at the time building permits are requested with deviations as stated in Exhibit E of this Ordinance. 4. Open space uses and structures including, but not limited to nature trails, riding trails, fitness trails and shelters, boardwalks, gazebos and picnic areas. 5. Docks, piers and the like, for residential use constructed for purposes of lake recreation for residents of the project. 6. Shuffleboard courts, tennis courts, volleyball courts, swimming pools, tot lots and other similar facilities intended for outdoor recreation. 7. Commercial /retail establishments, including tennis equipment sales, gift shops, restaurants, cocktail lounges, and similar uses, intended to serve residents and their guests. This use shall be located at the Recreation Site. 8. Customary accessory uses or structures incidental to recreational areas and/or facilities, and structures constructed for the purposes of maintenance, storage, or shelter with appropriate screening and landscaping. 9. Telecommunications facilities, including but not limited to, digital, fiber optic, microwave, satellite, UHF, VHF, FM, AM short-wave, and other sending and receiving facilities and structures, subject to applicable permitting and written approval by the developer or master homeowners' association that do not require a Conditional Use. 10. Any other accessory use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. 2. RESIDENTIAL (R) A. Permitted Principal Uses 1. Single - family detached dwellings. 2. Single- family zero lot line dwellings. 3. Single- family attached and townhouse dwellings. 4. Two- family and duplex dwellings. Page 2 of 21 \\bcc. colliergov.neM ata\CPSHARE\CPWinMstory\ 120508_0001 \SB4B.32 Rev. 5 /16/12 5. Multi- family dwellings. 6. Model homes conforming to housing types described in 2.A.1 through 2.A.5 above. 7. Any General Permitted Principal Use listed in Section LA of this Ordinance. 8. Any other principal use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. B. Permitted Accessory Uses 1. Customary accessory uses and structure, including but not limited to private garages and swimming pools, spas, screen enclosures, gazebos, and recreational facilities designed to serve the development. 2. Signs as permitted by the LDC provisions in effect at the time building permits are requested including the standards of Exhibits B and E of this Ordinance. 3. Common area recreation and utility facilities. 4. Any General Permitted Accessory Use listed in Section 1.13 of this Ordinance. 5. Any other accessory use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. C. Density 1. A maximum number of 850 dwelling units may be constructed as set forth in the Development Standards Table. 2. Density may vary according to the housing type placed on each tract. 3. Single - family housing types may be mixed with respect to housing structure and lot orientation within the same platted tract, which may include single - family detached (zero -lot -line and non - zero -lot- line), single - family attached and townhouse. However, single- family and multi- family housing types may not be mixed on the same platted development tract. 3. PRESERVE (P) Page 3 of 21 \ \bee. coil iergov. net\ data \CPSHARE \CPWin \History\120508_0001 \513413.32 Rev. 5/16/12 A. Permitted Principal Uses 1. Nature trails including boardwalks and pedestrian/bicycle bridges; 2. Recreational shelters and rest rooms in upland preserves only; 3. Benches; 4. Viewing platforms; 5. Paths and bridges to provide access from the uplands; 6. Drainage and water management structures; 7. Any uses in addition to the foregoing permitted in preserve areas by the LDC in effect at the time of RPUD approval; and 8. Any other principal use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. B. Permitted Accessory Uses 1. Accessory uses and structures customarily associated with the uses permitted in the Preserve Area, including landscaping, revegetation and restoration; and, minimum excavation, when required for restoration or for water management facilities. 2. Any other accessory use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. 4. SCHOOL SITE (S) A. Permitted Principal Uses 1. No uses other than a public elementary school shall be allowed on the School Site unless the developer or master homeowner's association records a notice in the public records that this restriction has been waived in whole or in part. If so waived, any of the principal and accessory general and residential uses permitted in the RPUD are also permitted on the School Site. This restriction may be recorded in the public records and shall be included in the deed to the School Board. B. Permitted Accessory Uses Page 4 of 21 \\bcc. colliergov.net\data\CPSHARE\CPWin\History\ 120508_0001 \5B4B.32 Rev. 5/16/12 I . Access control structures, pedestrian sidewalks, communication facilities and similar uses accessory to a school site. 5. BUFFERS (OS /B) A. The perimeter buffer along the western property line shall be 35 feet in width and may be located within the area previously conveyed to Collier County as right of way (60 feet in width) and subsequently conveyed back by Collier County (per O.R. Book 3603, Page 858). The portion of the perimeter buffer located along the northern property line adjacent to the development area shall be 35 feet in width. The southern, northern and eastern perimeters that are contained in the preserve area shall be deemed to satisfy the LDC requirements for buffers along these perimeters. B. A final determination shall be made of the type of buffers required at the time of SDP or plat approval based on the adjacent land uses. 6. LAKES (L) A. The minimum lake setback to right -of -way, road access easement, or external property line, including those adjacent to Logan Boulevard North, may be twenty (20) feet if the right -of -way, roadway access easement or external property line is properly protected in the vicinity of the lake by berm, fencing or landscaping. 7. SIGNAGE A. Boundary Markers: Two boundary markers or monuments may be located at the project development area, adjacent to Logan Boulevard North right -of -way (see Exhibit C -1). B. Project Entrance Signs: Two ground or wall- mounted Parcel Entrance Signs may be located at the main entrance of the RPUD on Logan Boulevard North (see Exhibit C -1). C. See Exhibit E for sign deviations. 9. CROSS SECTIONS A. See Exhibit C -2 typical roadway cross sections and Exhibit C -3, Logan Boulevard North cross sections. Page 5 of 21 Ucc. col l iergov. net \data \CPS 1 IARE \CP W in \H i story\ 1205 08_0001 \5B4B.32 Rev. 5/16/12 EXHIBIT B DEVELOPMENT STANDARDS THE PARKLANDS RPUD The Parklands Development Standards Table PERMITTED USES Single- Zero Two Single- Multi- Model Guard Preserve Recreation AND STANDARDS Family Lot Family Family Family Homes Gate Area Site Detached Line &Duplex Attached/ Dwellings (R) House Structures (RS) (R) (R) (R) Townhouse (except (ROWS) (P) (more than Townhouse) 2 units) (R) (R) Minimum Lot Area 5,000 SF' 4,000 SF' 3,500 SF* 1,2 3,500 SF*',' 9,000 SF' N/A N/A 1 acre Minimum Lot Width' 50' 40' 35' 35' 90' N/A N/A 100' Minimum Lot Depth 100' 100' 100' 100' 100' N/A N/A 100' Front Yard Setbacks 20' a 20' 20' a 20' a N/A N/A 25' Front Yard Accessory 20' 20' 20' N/A N/A 10' Setbacks 20' Side Yard Setbacks 6' O' or 10 7.5' 7.5' N/A N/A 10' Side Yard Accessory Setbacks S.P.S.' S.P.S.'9 S.P.S.`9 S.P.S.`9 N/A *5 `6 10' Rear Yard Setbacks 15' IS' 15' 15' N/A •5 .6 N/A 10' Rear Yard Accessory setbacks 5' 5' 5' 5' N/A •5 `6 N/A 10' Maximum Building 2 stories 2 stories 2 stories 2 stories not 2 stories not 2 stories 2 stories Height not to not to not to to exceed to exceed not to not to exceed exceed exceed 30' 50' exceed exceed Zoned 30' 30' 30' 40' 60' •5 30' 25' 35' Actual 40' 40' 40' 'S 40' 35' 50' Distance Between Principal & Accessory 10' 10' 10' 10' 20'x7 '5 N/A N/A 10' Structures Distance Between 10' 0' or 10' 15' 15' 30' N/A N/A 10' Principal Structures Floor Area Minimum 1,000 SF 1,000 SF 1,000 SF 1,000 SF 750 SF N/A N/A N/A Setbacks from Preserve Areas— 25' 25' 25' 25' 25' •5 25' N/A 25' Principal Structures" Setbacks from Preserve Areas — 10' 10' 10' 10' 10' "5 10' N/A 10' Accessory Structures Setback from Parcel N/A N/A N/A N/A 25' N/A i N/A 10' 25' Boundary — * 1 SF refers to square feet. All other measurements are in linear feet. *2 3,500 SF of lot area per dwelling unit. *3 Minimum lot width may be reduced by 20% for cul -de -sac lots provided the minimum lot area requirement is maintained. *4 Front yards shall be measured as follows: A. If the parcel is served by a public right -of -way, setback is measured from the adjacent right -of -way line. Page 6 of 21 \ \bcc.colliergov.net \data \CPSHARE \CPW in \History\120508_0001 \5B4B.32 Rev. 5/16/12 B. If the parcel is served by a private road, setback is measured from the back of curb or edge of pavement (if not curbed). C. If the parcel has private road frontage on two sides, the setback is measured from the side with the shortest frontage with the other frontage designated as a side yard. D. The garage must be setback a minimum of 23 feet. *5 Same as Residential Zoning District where model home is located. *A IUlinimnm V frnm road MaP of navPmPnt nr hark of rnrh and minimum 1 V frnm I naan TZ-1— and North R (1W � line tt11 _ {£ m Om� �8 JP axP M 8 C N N r N M 00 C Nit N O W ¢ CL �3 ¢ m W MNtO W IAN O N O ¢ J 3 LL r ON�On f00 �N M a p�. •n ❑ uj uj NW . "rte 1 tt N¢ WO U.2 (n V 7 W ¢ 2 m M tz z° m°. u90 n! LL W Jw N >U W LL 1JU Q OXM G. LU } (A 1 W d J 2 W U N O 3N > U O S h Z OpY = p y.., O O O YZ¢ W M a:M Ow 1-330 O in ((QwQ]}JSZ¢0 F 3TZCQZ N H 6 Z WQQ= y g �LL [w�a< GWWM1 >� V [Wn Z a. U F- � W (� 0 0= W M M W 6 W2 Q J� a• M �� Q6 0 } M O W M W 2 6 0 y O z J �p O 51-1 C J M 1- U H O $LLa ^.ez S W�c�S onaaosvmw a O a O o r °n p w m O O w O J .. J n off. d � ¢ t W w^ N N o w t~ w o - o �. w o d Ri a zG' yv �Nx o F v F. X > a w� C M v w x q O a a a HL710K QA'I8 }Qt��J07 z Q a $v' O . � . ¢ IM \ \. x <J x \ m o a x � a m g�g x ana.uaavvnb 5W RIGHT —OF —WAY 4' 5' 1 4' iti 10' 10' 2' 4 5' 4' NOTE CON /' S/w' I MINOR DETAILS OF ROAD SECTIONS AND UTILITY PLACEMENT SUBJECT Dz ft ft D2 a fc 70 CHANGES IN FINAL DESIGN IRRIG. MAIN -0 0 — 0. L SANITARY `WATER MAW OR CONIC. VALLEY GUTTER SEWER CURB do GUTTER (TYPICAL) 1 1/2' AC WEARING 12' THICK (MIN.) STABILIZED COURSE (TYPE S —III) SUBGRADE, (19R 40) B• THICK (MIN.) COMPACTED LIMEROCK INTERIOR ROAD SECTION (50' R.O.W.) 40' RIGHT —OF —WAY 8' 2' 70' 70 2' 3' 5, CSI. ONE SIDE ONLY) .02 ft ft ,02 ft ft SEWAGE ' FORCE MAIN IRRIG. MAIN --O GRAVITY SANITARY kWA� MAIN CONIC, VALLEY GUTTER OR SEWER CURB & GUTTER (TYPICAL) 1 1/2' AC WEARING 12' THICK (MIN.) STABILIZED COURSE (TYPE S —III) SUBGRADE, (LBR 40) 6' THICK (MIN.) COMPACTED UMEROCK INTERIOR ROAD SECTION (40' R.O.W.) 5 SIDEWALK, TYPICAL (ONE SIDE ONLY R/W LINE FOR 40' R/W) 20'R — 10' U.E. 26'R 40' OR 50' R� — T- 10 U.E. R/W LINE 2' WDE CONC, VALLEY GUTTER OR CURB & GUTTER (TYPICAL) 10' U` 2' WIDE VALLEY \ GUTTER SO'R 1�-�— R/W LINE I al 60'R 48'R _^ \ 6' WIDE CONCRETE SIDEWALK CUL -DE -SAC DIMENSIONING REVISED 11/2011 LOGAN BLVD. SECTION REMOVED & DEPICTED ON NEW EXH. C -3 REVISED 07/2011 CUL —DE —SAC DIMENSIONS AND MISC. "mum U-1- Pl XAWan � THE PARKLANDS W RIGHT —OF —WAY 1' 5' 7' 2' 4' 11' MIN. 11' MIN. ' 2' 7' 5' 1' CONC. BIKE CONIC. S/W S/W �'LANE I 1111K .02 ft ft ,02 ft ft SEWAGE FORCE MAIN IRRIG. MAIN -0 GRAVITY SANITARY SEWER 0. CONC. VALLEY GUTTER OR `—WATER MAIN CURB. Bt GUTTER (TYPICAL) 1 1/2' AC WEARING COURSE 12' THICK (MIN.) STABILIZED (TYPE S —IIQ SUBGRADE, (LBR 40) 5' THICK (MIN.) COMPACTED LIMEROCK INTERIOR ROAD SECTION (60' R.O.W.) 5W RIGHT —OF —WAY 4' 5' 1 4' iti 10' 10' 2' 4 5' 4' NOTE CON /' S/w' I MINOR DETAILS OF ROAD SECTIONS AND UTILITY PLACEMENT SUBJECT Dz ft ft D2 a fc 70 CHANGES IN FINAL DESIGN IRRIG. MAIN -0 0 — 0. L SANITARY `WATER MAW OR CONIC. VALLEY GUTTER SEWER CURB do GUTTER (TYPICAL) 1 1/2' AC WEARING 12' THICK (MIN.) STABILIZED COURSE (TYPE S —III) SUBGRADE, (19R 40) B• THICK (MIN.) COMPACTED LIMEROCK INTERIOR ROAD SECTION (50' R.O.W.) 40' RIGHT —OF —WAY 8' 2' 70' 70 2' 3' 5, CSI. ONE SIDE ONLY) .02 ft ft ,02 ft ft SEWAGE ' FORCE MAIN IRRIG. MAIN --O GRAVITY SANITARY kWA� MAIN CONIC, VALLEY GUTTER OR SEWER CURB & GUTTER (TYPICAL) 1 1/2' AC WEARING 12' THICK (MIN.) STABILIZED COURSE (TYPE S —III) SUBGRADE, (LBR 40) 6' THICK (MIN.) COMPACTED UMEROCK INTERIOR ROAD SECTION (40' R.O.W.) 5 SIDEWALK, TYPICAL (ONE SIDE ONLY R/W LINE FOR 40' R/W) 20'R — 10' U.E. 26'R 40' OR 50' R� — T- 10 U.E. R/W LINE 2' WDE CONC, VALLEY GUTTER OR CURB & GUTTER (TYPICAL) 10' U` 2' WIDE VALLEY \ GUTTER SO'R 1�-�— R/W LINE I al 60'R 48'R _^ \ 6' WIDE CONCRETE SIDEWALK CUL -DE -SAC DIMENSIONING REVISED 11/2011 LOGAN BLVD. SECTION REMOVED & DEPICTED ON NEW EXH. C -3 REVISED 07/2011 CUL —DE —SAC DIMENSIONS AND MISC. "mum U-1- Pl XAWan � THE PARKLANDS MONO Rev. rc W _ Y J W Y y J 1� RMEO 0 7/2011 REMSONS PER OWNER rl�: a Y � \ J `� z ~ W � N tx 0 ot: U N N w W Y 3 z J a o >• �� UI xo WI§ ?W .03 �a moY be ropredueod or een�� 1n anY term Parklands Collier by G.LHomes r -- � i r. i � x I s 5 c a U W a 0 U Z � V] H 0 GLHOMES N w ig �o a f 40' 10' 5 12' 8' _ 8' 12' I MULTI -USE I PATH SEWAGE F.M. EXIST. GRADE WlAA No LEFT TURN LANE 0- w- IRRIGAl10N MAIN IF REWD FOR SECOND ENTRANCE COLLIER/LEE COUNTY UNE TO THE PARKLANDS MAIN ENTRANCE WEST LINE SECTION .12' 4' 2' I MULTI -USE PATH I I I EXIST. I GRADE EXIST. GRADE) SEWAGE F.M. o ROAD WIDENING AS REQUIRED FOR RIGHT O— IRRIGATION MAIN AND LEFT TURN LANES AT MAR) ENTRANCE WATER MAIN THE PARKLANDS MAIN ENTRANCE TO NORTH OF TERAFINA ENTRANCE 1 EXIS 80' RIGHT -OF -WAY SIDEWALK ESMT. WEST LINE OF SECTION 15 5' 4' 12' LEFtE URN 12' RIGHT TURN 8' 51W TRAVEL LANE TRAVEL LANE LANE MULTI -USE I PATH MEDIAAPoES EXIS T. I _ _t^ _ GRADE EXIST. GRADE) I IRRIGATION 16' WATER MAIN SEWAGE F.M.-- O 0-11-MAIN- WEST LINE SECRNN T 16 1 5' S/W 4 1 12' 12" I I I- r •1T . GRADE-A /C MAIN 4W RCP VV STORM SOUTH OF TERAFINA ENTRANCE TO SECTION 16/21 LINE 60' RIGHT- OF-WAY WEST LUE OF 5' 4' 12' 12' SECTION I MULTI -USE 8' HIGH WALL I I PATH MULTI -USE I I PATH I EXIST SEWAGE F �I�ER�AZDE� - VIRRIGATION MAIN 8' HIGH WALL (BY OTHERS) I I I I I E� - -I NOTES -= �'� - -- EXIST, GRADE (� IF—' I 1. SECTIONS ORIENTED LOOKING NORTH. "WATER VIRRIGATION I CONSTRUCTION MATERIAL OF MULTI - MAIN MAIN USE PATH SHALL BE CONCRETE (6' SEWAGE F.M. THICK). 46' RCP STORM - 3. MINOR DETAILS OF ROAD SECTIONS AND UTILITY PLACEMENT SUBJECT TO CHANGES IN FINAL DESIGN. SECTION 16221 I INE TO NORTH OF OLDE CYPRESS ENTRANCE 4, TRANSITIONS REQUIRED BETWEEN SECTIONS NOT SHOWN. EXHIBIT D LEGAL DESCRIPTION THE PARKLANDS RPUD All of Section 9, Township 48 South, Range 26 East, Collier County, Florida, less and except the South 30 feet conveyed to Collier County in Official Records Book 484, Page 533, Official Records Book 548, Page 881, and Official Records Book 548, Page 883, all in the public records of Collier County, Florida. Together with the West 60 feet of the South 30 feet of Section 9, Township 48, Range 26 East, Collier County, Florida. Containing 642.239 acres, more or less. Page 11 of 21 \ \bcc. colliergov. net\ data \CPSHARE \CPWin \History\120508_0001 \5B4B.32 Rev. 5/16/12 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC THE PARKLANDS RPUD (PREVIOUSLY APPROVED SUBDIVISION DEVIATIONS IN ORDINANCE NO. 03 -42 TO STILL REMAIN IN EFFECT) 1. Sidewalks /bicycle paths shall conform to the provisions of the LDC, except that sidewalks shall only be required on one side of the street in the case of local right -of -way streets forty (40) feet in width. (LDC 6.06.02.A.1). 2. Street name markers and traffic devices shall be approved by the County Engineer. Conformance with USDOT /FHWA/MUTCD is waived. Street pavement painting, requirements for striping and reflective edging on secondary road systems and reflective edging main road system shall be waived. Traffic circulation signage shall be in conformance with USDOT /FHWA/MUTCD standards. (LDC 10.02.05.E.3.o). 3. The LDC requirement for blank utility casing installations shall be waived. (LDC 6.01.01.13). 4. The standard that PRMs be installed in a typical water valve cover shall be waived subject to monumentation being installed in accordance with Chapter 177, Florida Statutes. (Construction Standards Manual Revised in Supp. 17 (03 -55)). 5. All cul -de -sacs and local streets, whether more or less than 1,000 feet in length, are required to have a minimum forty (40) foot right -of -way width and two ten -foot wide travel lanes and are waived from the requirements of the LDC. (Construction Standards Manual Revised in Supp. 17 (03 -55)). 6. Cul -de -sacs may exceed the maximum 1,000 -foot length LDC requirement. (Construction Standards Manual Revised in Supp. 17 (03 -55)). 7. Back of curb radii at street intersections shall be a minimum of thirty (30) feet, except at project entrance intersections where the radii shall be forty (40) feet and are waived from the requirements of the LDC. (Construction Standards Manual Revised in Supp. 17 (03- 55)). 8. The minimum 75 -foot tangent standard at intersections may be reduced subject to a certified traffic analysis based upon design speed, site distance, and adequate recovery zone and are waived from the requirements of the LDC. (Construction Standards Manual Revised in Supp. 17 (03 -55)). Page 12 of 21 \ \bcc. coil iergov. net \data\CPSHARE \CP W in\History\ 120508_0001 \513413.32 Rev. 5/16/12 9. The LDC requirement for tangents between street curves shall be waived. (Construction Standards Manual Revised in Supp. 17 (03 -55)). 10. Street grades may exceed the four percent (4 %) maximum required by the LDC provided that the applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met and are waived from the requirements of the LDC. (This deviation is not applicable to Logan Boulevard North). (Construction Standards Manual Revised in Supp. 17 (03 -55)). (NEW DEVIATIONS) Deviation No. 1 seeks relief from LDC Section 5.04.04.B.3.e, Model Homes and Model Sales Centers, which provides that a temporary use permit for a model home (occupied or unoccupied) shall be issued initially for a period of three (3) years. The requested deviation is to allow the model homes to remain in effect until the last certificate of occupancy has been issued for the RPUD without the 3 -year limitation. 2. Deviation No. 2 seeks relief from LDC Section 5.04.04.B.5.c, Model Homes and Model Sales Centers, which provides that a maximum of five (5) models, or a number of corresponding to ten (10) percent of the total number of platted lots, whichever is less, per platted, approved development shall be permitted prior to final plat approval as specified above. The requested deviation provides up to 16 model homes and a sales center to be permitted in the RPUD. 3. Deviation No. 3 seeks relief from LDC Section 5.06.02.B.6., Development Standards for Signs within Residential Districts, which allows on- premises signs within residential districts. Two ground signs with a maximum height of 8 feet or wall, residential entrance or gate signs with a maximum height of 8 feet may be located at each entrance to multi- family or single - family development and mobile home or recreational vehicle park. The requested deviation is to allow two (2) entrance signs and two (2) boundary marker signs depicted in Exhibit C -1. These signs will be a maximum 10 feet in height. The boundary markers will be located adjacent to the project development along Logan Boulevard North. The deviation is to allow additional signage along Logan Boulevard North for a total of four signs 10 feet in height with up to 60 square foot copy area or a combined copy area of up to 120 square feet (both sides). (See Deviation No. 5 for height. See Deviation No. 4 for copy area). 4. Deviation No. 4 seeks relief from LDC Section 5.06.02.B.6.b, Development Standards for Signs within Residential District, which allows the ground or wall sign not to exceed a combined area of 64 square feet and shall not exceed the height and length of the wall or gate upon which it is located. Page 13 of 21 \ \bcc. colli ergov. net\data\CPSHARE\CPWin\History\ 120508_0001 \5B4B.32 Rev. 5/16/12 The deviation is to allow the two project entrance signs and two boundary marker signs to be a maximum of 60 square feet in area and a maximum combined area of 120 square feet for two -sided signs. 5. Deviation No. 5 seeks relief from LDC Section 5.06.02.B.6 which provides that on- premise signs within residential districts are allowed a maximum height of 8 feet The requested deviation is to allow a maximum height of 10 feet for the two entrance signs and two boundary marker signs. Sign height will be measured per the LDC. 6. Deviation No. 6 seeks relief from LDC Section 5.06.02.B.5.b, Development Standards for Signs within Residential District, which allows directional signs to be combined into one sign with a maximum height of 8 feet and a maximum area of 24 square feet. The requested deviation is to allow for no limitation on the number of combined signs provided they are separated by a minimum distance of 100 feet or a road right -of -way. 7. Deviation No. 7 seeks relief from LDC Section 5.06.02.B.5.a, Development Standards for Signs within Residential District, which allows on premise directional signs be set back a minimum of 10 feet from the edge of the roadway, paved surface or back of the curb, as applicable. The requested deviation is to allow the directional sign to be located five feet from a roadway or platted easement, excluding public roadways,- if it does not result in public safety concerns or obscure visibility of the motoring traffic. 8. Deviation No. 8 seeks relief from LDC Section 5.06.02.B.1.a, Development Standards for Signs within Residential District, which allows a maximum height of 8 feet within residential zoning districts, and as applicable to designated residential portions of RPUD zoned properties, or as otherwise provided within this Code. The requested deviation is to allow the height of the entry and boundary marker signs to be 10 feet. 9. Deviation No. 9 seeks relief from LDC Section 6.06.02.A.1, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks on both sides of a local street that is adjacent to the site. The requested deviation is to allow a sidewalk five feet in width on just one side of the street for local roadways 40 feet in width (see also Exhibit C -2). This does not include the main spine road which connects directly to Logan Boulevard North. 10. Deviation No. 10 seeks relief from LDC Section 6.06.01.0 and Appendix B, (Street System Requirements), which requires 4 travel lanes and median separator with a right - of -way width as required for a major collector or arterial roadway. Page 14 of 21 \ \bcc.colliergov.net \data \CPSHARE \CPW in\I Iistory\120508_0001 \5B4B.32 Rev. 5/16/12 1 The requested deviation is to allow construction of Logan Boulevard North with 2 travel lanes within a 60- foot -wide or 80- foot -wide right -of -way as depicted on Exhibit C -3. 11. Deviation No. 11 seeks relief from LDC Section 6.06.02.A.1, and Appendix B (Sidewalks, Bike Lane and Pathway Requirements) which requires 6- foot -wide sidewalks on both sides of an arterial or major collector roadway. The requested deviation is to require only one 10- foot -wide or 12- foot -wide multi -use path on one side of Logan Boulevard North or a combination of an 8- foot -wide multi -use path and 5- foot -wide sidewalk as depicted on Exhibit C -3. 12. Deviation No. 12 seeks relief from LDC Section 5.04.06.B.l.b.i, Temporary Signs, which requires that special event signs shall be erected not more than 15 calendar days prior to the supporting event and shall be removed within 7 calendar days after the event has taken place. Special events are for sales and similar promotional events for marketing. The requested deviation is to allow such signs or banners for up to 3 months at a time for special events such as sales events, model home openings, and similar promotional events. 13. Deviation No. 13 seeks relief from LDC Section 5.04.06.A.3.d, Temporary Signs, which requires that temporary signs shall not exceed 32 square feet in area in sign area. The requested deviation is to allow temporary signs and banners to be 64 square feet in area. 14. Deviation No. 14 seeks relief from LDC Section 4.03.08.A.4, Facilities and Service Improvement Requirements, which requires no more than 4,000 average daily trips per project access point. The requested deviation is to permit one project access point on Logan Boulevard North for the first 650 dwelling unit building permits based on a maximum trip generation rate of 566 peak hour two -way trips. If more than 650 dwelling unit building permits are issued, a second project access point in lieu of an emergency access shall be required on Logan Boulevard North. 15. Deviation No. 15 relates to Collier County Code of Ordinances Section 22- 110(a)(3)b, excavation review provisions of the applicable laws and County ordinances, that require approval by the Board during the rezone and/or preliminary subdivisions plat process to remove and have off -site excavated material in an amount in excess of ten percent (and in excess of 20,000 cubic yards) of the total volume excavated. This deviation serves to satisfy the requirement that intentions to remove the material must be clearly stated during the development review and approval process. Page 15 of 21 \\bcc. coll iergov.net\data\CPSHARE\CPWin\History\ 120508_0001 \5B4B.32 Rev. 5/16/12 The requested deviation is to allow the off -site removal of fill in excess of ten percent and in excess of 20,000 cubic yards of excavated material for the construction of Logan Boulevard North. Use of the excavated material on -site and for the construction of Logan Boulevard North shall not require a traffic study. However, a specific use traffic study shall be required for off -site hauling to other locations that require the use of County roads other than Logan Boulevard North. Page 16 of 21 \ \bcc. coil iergov. net \data \CPSHARE \CPW in\History\ 120508_0001 \5B4B.32 Rev. 5/16/12 EXHIBIT F DEVELOPER COMMITMENTS THE PARKLANDS RPUD GENERAL A. The Parklands DRI was approved prior to the adoption of the Collier County Growth Management Plan and continues to be vested for consistency and concurrency in accordance with Section 163.3167(5), Florida Statutes, and is exempt from any transportation related or other moratoria. Nothing herein shall be construed as limiting or modifying the vested rights of the Parklands development. B. The buildout of the project shall be governed by the dates set forth in the DRI Development Order or any amendments thereto. C. The developer shall obtain and utilize all available on site fill needed for the construction of Logan Boulevard North and for the project's fill needs prior to hauling in any fill from off site locations. The County shall administratively review and permit the lake excavations depicted on the RPUD master plan, and give consideration to deeper lakes (in accordance with SFWMD requirements) so as to maximize the amount of on -site fill that can be generated for the Logan Boulevard North so as to minimize hauling of imported fill for the project needs and Logan Boulevard North construction. 2. TRANSPORTATION A. Except as may be provided by written agreement with the County, the developer shall construct a two (2) lane road, known as Logan Boulevard North Phase 1, extending from the present terminus of Logan Boulevard North at the Olde Cypress development north to the first entrance to the Parklands. Phase 1 of Logan Boulevard North will be completed prior to the issuance of the first certificate of occupancy. The developer shall not be entitled to impact fee credits for the construction of Logan Boulevard North Phase 1. Phase 2 of Logan Boulevard North extends from the first entrance to the Parklands north to Bonita Beach Road. The timing and terms for construction of Logan Boulevard North Phase 2 shall be as established in the Developers Contribution Agreement. B. The developer(s), its successor(s) in title, or assignee(s), shall be responsible for the cost of a traffic signal at the main development entrance on Logan Boulevard North located within the Parklands RPUD when determined warranted and approved by Collier County Transportation Staff. Contingent upon the completed installation, inspection, burn -in period, and final approval the traffic signal (as defined by the applicable Developer Contribution Agreement), said traffic signal Page 17 of 21 \ \bcc. coil iergov.net \data \CPSHARE \CP W in\History\ 120508_0001 \5B4B.32 Rev. 5/16/12 shall be conveyed to Collier County for ownership and maintenance. If a traffic signal is not warranted, as determined by Collier County Transportation's staff, the developer's obligation for the traffic signal shall end 12 months after the date of the last residential C.O. C. The project main entrance from Logan Boulevard North shall have two lanes in and two lanes out. D. The developer shall provide a second project entrance on Logan Boulevard North prior to the issuance of the first building permit for the 651St dwelling unit. This entrance shall not be signalized. Its location may differ from that shown on Exhibit C, the Master Plan, but it must comply with Access Management Policy in effect at the time. If only one entrance is provided on Logan Boulevard North (because less than 651 dwelling units are constructed), an entrance for emergency vehicles shall be provided as generally depicted on the RPUD Master Plan. The emergency entrance shall be constructed concurrently with the adjacent tract and internal roadway. E. No new or additional access points to Logan Boulevard North (in excess of that depicted on the RPUD Master Plan) shall be permitted. 3. UTILITIES A. The developer, its assigns or successors shall negotiate with the County for the use of treated sewage effluent within the project limits for irrigation purposes, subject to availability. The developer shall be responsible for providing all on -site piping and pumping facilities from the County's point of delivery to the project and negotiate with the County to provide full or partial on -site storage facilities, as required by the DEP, consistent with the volume of treated wastewater to be utilized and subject to availability of treated effluent. B. Connection to the County's off -site water and/or sewer facilities along CR 846 (Immokalee Road) will be made by the developer, its assigns or successors at no cost to the County after legal access is available. The cost of connection shall include, but shall not be limited to, all engineering design, and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County off -site facilities, and water and/or sewer lines necessary to make the connection(s). The developer may share these expenses with other users, if applicable, or if the developer funds more than its proportionate share of these costs, then the County shall collect and reimburse the developer when other users connect (on a proportionate basis) to the system. C. Detailed hydraulic design reports for the water distribution and wastewater collection and transmission systems to serve the project shall be submitted to the Public Utilities Division prior to or concurrent with submission of construction Page 18 of 21 \\bcc. colliergov. net\data\CPSHARE\CPWin\History\ 120508_0001 \5B4B.32 Rev. 5/16/12 documents during subdivision or site development plan review for the project. Design of the utilities improvements shall include the following: 1. The developer shall grant a 15- foot -wide utility easement to County (at no cost to the County) in one of the western residential tracts from the internal roadway to the western project boundary abutting Quail West for a future interconnection of the water distribution mains. The developer shall choose the location of the easement. The County shall be responsible for the costs of the interconnection and for obtaining a utility easement in Quail West. 2. The wastewater improvements will include extending the wastewater force main serving Olde Cypress and Terafina along Logan Boulevard North as required to serve The Parklands. The developer will also provide a design acceptable to Public Utilities PPMD which is hydraulically compatible with the Olde Cypress and Terafina pumping stations. The Parklands collection system will be designed with one (sub)master pumping station connected to the extended force main and will consist of duplex variable frequency drive (VFD) submersible pumps meeting the requirements of Public Utilities PPMD. Should development patterns in the area or design standards change significantly prior to development of the Parklands, other design alternatives may be considered. D. All construction plans and technical specifications related to connections to the County's off -site water. and/or sewer facilities will be submitted to the Public Utilities PPMD for review and approval prior to commencement of construction. E. The developer, its assigns or successor shall pay all water and sewer impact fees in effect at the time that building permits are required pursuant to appropriate County ordinances and regulations in effect at the time of building permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. F. The developer, its assigns or successors shall be responsible to connect to treatment and disposal and/or water supply and distribution services facilities at a point to be mutually agreed upon by the Public Utilities PPMD and the developer, with the Parklands assuming all costs for the connection work to be performed. 4. ENVIRONMENTAL A. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty - five (25) feet from the landward edge of wetlands except where natural buffers are not possible or not feasible. In this event, only structural buffers shall be required and shall be constructed in accordance with the State of Florida Environmental Resources Permit (ERP) Rules and shall be subject to review and Page 19 of 21 \ \bcc.colliergov.net \data \CPSHARE \CPW in \History\ 120508_0001 \5B4B32 Rev. 5/16/12 approval by County Manager or his designee. (No structural buffers are to be permitted in preserve area). B. The project provides for 341.2 acres of preserve area as depicted on the RPUD Master Plan. Based on the environmental assessment, 131.6 acres of native vegetation exists on the site, therefore, only 32.9 acres was required to be preserved. C. One management plan for the entire project shall be submitted in accordance with the requirements and procedures of the LDC for listed species including but not limited to Black Bear, Gopher Tortoise and listed birds. The management plan shall be submitted prior to development of the first phase of the project. 5. SCHOOL A. The developer, or its successors or assigns, agrees to donate to the Collier County School District, subject to school impact fee credits, a fifteen (15) acre school site in the location depicted on the RPUD Master Plan. The developer or his successors or assigns: 1. Will convey the fee simple title for the school site to the School District prior to the commencement of construction, or within 90 days of request by the School District. 2. The site shall only be used for a public elementary school with access control structures, pedestrian sidewalks, communication facilities and similar uses accessory to a school site. (See Section 5.A.1). No uses other than a public elementary school shall be allowed on the School Site unless the developer or master homeowners association records a notice in the public records that this restriction has been waived in whole or in part. If so waived, any of the principal and accessory residential uses permitted in the RPUD are also permitted on the School Site. This restriction may be recorded in the public records and shall be included in the deed to the School District. 6. FIRE A. The developer shall pay fire impact fees to the North Naples Fire Control District. 7. PUD MONITORING A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close -out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close -out of the PUD. At the time of this PUD approval, the Managing Entity is Parklands Associates I, LLLP. Should the Managing Entity desire to transfer the monitoring and commitments to a Page 20 of 21 \ \bcc. coil iergov.net\data\CPS HARE\CPWin\History\ 120508_0001 \513413.32 Rev. 5/16/12 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, with the exception of individual residential lots, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. DEVELOPMENT OF REGIONAL IMPACT (DRI) A. The Developer, its successors in interest, and all future assigns or designees shall adhere to all commitments made in the Development of Regional Impact (DRI) Application for Development Approvals (ADA), sufficiency responses, and attachments for this amendment and all previously adopted DRI Development Order (DO) actions for this project as amended. Page 21 of 21 \ \bcc. coll iergov.net \data \CPS HARE \CP W in\History\ 120508_0001 \5B4B.32 Rev. 5/16/12 Draft: Jeff K/Nick/Reed/Bruce /Reed 05/30/12 DEVELOPER AGREEMENT PARKLANDSDEVELOPMENT THIS AGREEMENT ( "Agreement ") is made and entered into this day of 2012, by and between Parklands Associates 1, LLLP, a, Florida limited liability partnership (hereinafter referred to as "Developer "), whose address is 1600 Sawgrass Corporate Parkway, Suite 400, Sunrise, FL 33323, and the Board of County, Commissioners of Collier County, Florida, as the governing body of Collier County, a political subdivision of the State of Florida (hereinafter referred to as ( "County "). WHEREAS, this is a companion Agreement to D'eveloper's applications with the County to amend the Parklands Planned Unit Development zoning (Petition PUDA- PL2010 -1551) and to amend the Development Order for the Parklands Development of Regional Impact (Petition DOA- PL2010- 1550), such amendments being hereinafter 'referred to collectively as "Developer's PUD and DRI Amendments ") arid is contingent upon the adoption of such amendments and such amendments becoming effective. The legal description of the property which is the subject of the PUD and DRI amendments ( "Parklands ") is attached hereto and made a part hereof as Exhibit "A." WHEREAS, Collier County will modify, subject '° available funding _its Five -Year Transportation Work Capital: Improvement Program to add a project for the construction of a two -lane extension of Logan Boulevard from Immokalee Road north to connect to Bonita Beach Road in Lee County which is to be known as Logan Boulevard North ( "Logan North "); and WHEREAS, t h ei,,iCounty has applied for grant funding from the State of Florida Department of Transportation Regional Transportation Incentive Program ( "TRIP ") to construct Logan North; and WHEREAS, funding from the TRIP requires matching funding from local government and/or private parties such as Developer; and WHEREAS, the construction of Logan North shall be split into two phases with Logan North Phase 1 being construction from the current terminus of Olde Cypress Boulevard at 1 Draft: Jeff K/Nick/ReedBruce/Reed 05/30/12 Treeline Drive to the Parklands project entrance; and with Logan North Phase 2 being construction of Logan North from the Parkland's project entrance north to Bonita Beach Road, all of which is depicted in Exhibit "B" attached hereto and made a part hereof, labeled Logan Boulevard North Construction Phases; and WHEREAS, this Agreement is structured to ensure that Adequate Public Facilities are available to serve the Parklands concurrent with the impacts of the Parklands on said public facilities; and WHEREAS, the parties have agreed to certain terms and conditions set forth below; and WHEREAS, the Growth Management Administrator has recommended to the Board of County Commissioners that the improvements set forth in this Agreement (hereinafter referred to as the "Proposed Plan ") are in conformity with contemplated improvements and additions to the County's transportation network; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board finds and reaffirms that: a. The Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from' other developers,, will not adversely impact the cash flow or liquidity of the County, in such a way as to frustrate or interfere with other planned or ongoing growth- necessitated capital improvements and additions to the Count y o 's transportation system; and C. The Proposed Plan is consistent with both the public interest and with the adopted Collier County ,Long Range Transportation Plan. has paid the Two Thousand Five Hundred Dollars ($2,500.00) application fee for' WITNESSETH: NOW, THEREFORE, in consideration of $10.00 and other good and valuable consideration exchanged between the parties, and in consideration of the covenants pertain herein, the parties agree as follows: ►4 Draft: Jeff K/Nick/Reed/Bruce /Reed 05/30/12 1. All of the above recitals and exhibits referenced therein are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Within ninety (90) days following the execution of this Agreement (which ninety (90) day period may be extended by the County Manager for good cause shown), the Developer will dedicate to the County eighty (80) feet of right -of -way within Collier County for Logan North and the Developer will dedicate to Lee County seventy -five (75) feet of right -of -way in Lee County for Logan North Phase 2. The County acknowledges that the Developer only owns a portion of the right -of- -way (the western 75 feet) for the segment of Logan North Phase 2 from the Lee County line to Bonita Beach Road. The balance of required right -of -way for such segment (the eastern 75 feet) is not owned by the Developer and shall not be the responsibility of the Developer to provide. The Developer will also provide storm, water retention for, and design and permit the extension of, Logan North consistent with the conceptual roadway cross sections attached hereto and made apart hereof as Exhibit "C" for those portions of Logan North that are within Collier County. The .. .1_e !`,,aniy ra.,.,agef- fee good eattse The roadway cross sections may, be amended pursuant to mutual written agreement between Developer_ and Collier County' Transportation Section. The Developer will not be entitled to receive any impact fee credits for such dedication of right -of -way, provision of storm water retention, and design and permitting for `Logan North to Bonita Beach Road. The o Developer will also provide storm water retention, design and pefffli"ing for the segment of Logan North in Lee County consistent with the existing approved permit en #ilefor such segment from the'City of Bonita Beach. as such °hermit may be hereafter modified with the approval of the Citv of Bonita Beach and /or Lee County as of the date of this ^,...eement . as applicable. 3. The Developer will provide County storm water management outfall and easements within Parklands for those segments of Logan North which abut Parklands in Collier County. The acceptance of storm water runoff into the Parklands will provide for the water quality treatment and storm water attenuation of the proposed Logan North improvement and associated right -of -way adjacent to Parklands. 4. Subject to County exercising either of its options set forth in paragraphs 5 and 6 below, construction of Logan North will be accomplished as follows% 3 Draft: Jeff K/Nick/ReedBruce/Reed 05/30/12 (A) The Developer, at its sole cost and expense, must complete construction of Logan North Phase 1 as a condition of receiving a certificate of occupancy for the first residential dwelling unit in the Parklands. Developer is not entitled to any impact fee or any other consideration or credit for Phase 1 from the County. Subjeet to the 18 1 unit eap set fefth below, fef 297 dwelling utiks. Ne RtMer- units will be allewed tintil the eoni�1�619,r of Phase • (iB) Prior to receipt of a certificate of occupancy for the 181' residential dwelling unit within Parklands, the Developer "' �' have pleted must complete the expansion of the intersection of Logan North and Immokalee Road to include two (2) additional southbound lanes for Logan North at Immokalee Road as shown on attached Exhibit d dl'` I 1 D, at the Developer's sole cost and expense. T�f the; ex�anston ,of the Logan North/Immokalee Road intersection is not complete prior to receipt of i `'''66!Mficate of occupancy for the 181' eet4i fle to a fee,......,. ey, residential dwelling unit in the Paikla'rtds. then no further certificates of occupancy shall be issued until the expansion of the intersection is complete. Developer, at its sole cost- and expense, must complete construction of Logan North Phase 1211' "within one (1) year following the date the Prior to commencing construction, the Developer shall provide to the County an engineer's certified estimate of the construction costs of Logan North Phase 2. As set forth below and upon preliminary road acceptance by Collier County) Developer will be entitled to road-impact-fee credits for-81.4% of the-costs-of--- - Comment [All: when does road acceptance _ - -- - - - --------------- - - - happen7Nick7? construction of Logan North Phase 2 for that portion of Logan North Phase 2 located within Collier County. If not already accomplished, it will be neeessai=y F r- the Ceun'• a as of the date of this Agreement, then within six (6) months following the date of this Agreement. the County 4 ?1-\ 11� 11-1 �1 tOO1 flo� Draft: Jeff K/Nick/ReedBruce/Reed 05/30/12 will add Logan North to the County's Five Year Work Capital Improvement Program so that the Des- Developer's construction of Logan North Phase 2 will be eligible for road impact fee credits.Rrevided Since the Parklands is a development of regional impact, provided that �lorida Statute Section 380.06(16) '�s still in effect at the time of construction, - - >Comment [IT2]: verify this statute Pertains to - --------------------------- - - - - -- - - --- -' this DCA. r-egional :..,. aet Deyelopef is of Logan North Phase 2, the Developer shall not be required, by virtue of this impact fee credit, to competitively bid or negotiate anyi'par of the construction or design of this faeility, ethenvise ,Logan North Phase 2. HowAR r, if Florida Statute Section Developer will bid Logan North Phase 2 mi accord ,11110" requirements for road projects. portion of Logan North Phase 2 lies within Lee Count}t�it or obligation with respect to any matter, dealing with this permitting and right -of -way), and that eygpper s i not be waived by Collier County should tl North Phase 2 as a result of any matter with tfie;County's public bid It is und'e'rstood that a ier County shall have no right of the construction (including tox,li'uild the remainder of its it in the Parklands will fail to complete construction of Logan the Lee County portion of the road. of the 651st building_ permit for a residential dwelling unit in the Parklands.. of (y) the a.,. 5. County Option 1. In the event that the County obtains TRIP funding for Logan North, the County will be solely responsible to construct both Logan North Phase 1 and Logan North Phase 2, and Developer will fund the estimated construction costs for Logan North Phase E Draft: Jeff K/Nick/Reed/Bruce/Reed 05/30/12 1 as set forth below. All design, permits. right -of -way and stormwater treatment shall be free and clear of any encumbrances. (A) The Developer will advance the construction costs for Logan North Phase 1 (to be determined as hereinafter provided) to the County within 90 days after the County notifies the Developer in writing that both of the following conditions have been met, but in no event earlier than July 1, 2014: (i )-_the County has received a TRIP agreement from the Florida Department of Transportation regarding Logan North, and (ii) -_the County has formally initiated the bidding process; for the construction of Logan North. Within 30 days following receipt of such notice' from the County, the Developer shall provide to the County an engineer's certified estimate of the construction costs of Logan North Phase 1 (the "Certified Estimate "). The County shall, have a period o(30, days following receipt of the Certified Estimate to review and approve same or to notify the Developer in writing of its reasons for disapproval. If the County fails to notify the Developer in writing within such 30- day period of its disapproval of the Certified Estimate, then the Certified Estimate shall be deemed approved. If the County notifies the Developer in writing within such 30 -day period of its disapproval of the Certified Estimate, then the County and the Developer shall use their good faith efforts to try, to resolve the reasons for disapproval, and notwithstanding anything herein to the contrary, the Developer shall not be obligated to fund the construction costs of Logan North Phase 1 based on the Certified Estimate until the County and Developer have agreed on same. The Developer's advance of construction costs based on the Certified Estimate will constitute part of the matching funds that the County will need to provide to qualify for the TRIP grant. The County will deposit, thel Developer's funds into an escrow account which the County can draw upon to pay for c: onstruction costs after the construction contract for Logan North Phase 1 has been awarded. The County shall reconcile construction costs for Logan North Phase 1 within folly -five (45) days after the Pfejeet -close -_out of the proiect. If construction costs for Logan North Phase 1 are less than estimated, the County shall return the excess funds to the Developer within one hundred eight (180) days of the Project Close Out. Consequently, if construction costs for Logan North Phase 1 exceed the estimate, the Developer shall pay the County the difference I Draft: Jeff K/Nick/Reed/Bruce /Reed 05/30/12 within 180 days of Project following the close -_out. of the project. No impact fee credits shall be given for Logan North Phase L. (B) Notwithstanding the foregoing, at any time prior to the County's advertising of the Logan North project, the Developer may elect to construct Logan North Phase 1 on its own. In such event, the County shall return the escrowed funds to the Developer upon the Developer's posting of the standard bond required under the County Land Development Code (the "LDC ") in connection with such construction, and the completed Logan North Phase 1 will constitute part of the matching funds that the County will need to provide to qualify, for the TRIP grant. The Developer's provision of right -of -way as provided above will also constitute part of the matching funds that the County will need to provide to qualify for the TRIP grant. oean North Phase 2 '' The County_ - comment lrrsl: IfCounty constructs What -. happens with portion of road in Lee County? Who orth Phase 2 prior to Developer's constructs this? ;toper, in which event construction 6. ICounty Option 2 k- Collier Coi can elect to construct the Collier County pot commencement of this project by giving writt must commence within a reasonable time.,,, 1` should County build the Collier County port choose this option, the Developer, shall rein Phase 2 within 180 days of County] s request. shall attend any and all public meetings rega notice to De road impact the ;es shall be awarded to Developer Phase 2. Should the County for 18.6% of the total cost of Developer's design engineer for Logan North Logan North at no cost to Collier County. It i Impact Fee Credit 7. In the event Developer constructs Logan North Phase 2, Developer will be entitled to road impact fee credits for 81.4% of the actual costs of construction of Logan North Phase 2 for that portior;;of Logan North Phase 2 located within Collier County. These impact fee credits shall run with the Parklands and shall be reduced by the entire amount of each road impact fee due for each building permit issued thereon until the I}eN,elopfflentParklands project is either completed or the credits are exhausted or otherwise no longer available, or have been assigned by operation of or pursuant to an assignment agreement with County. The foregoing reduction in the road impact fees shall be calculated based on the 7 Draft: Jeff K/Nick/ReedBruce/Reed 05/30/12 amount of the road impact fees in effect at the time the building permit is issued. The credits set forth herein shall be applied solely to road impact fees, and shall not offset, diminish or reduce any other charges, fees or other impact fees for which Developer, its successors and assigns, are responsible in connection with the development of their lands. It is expressly understood that the impact fee credits will be utilized in the order in which the building permits are reviewed by the Impact Fee Administration, irrespective of whether Developer assigns all or part of the DevelepnientParklands. 8. Any unused impact fee credits remaining upon completion of the Parklands project shall be reimbursed to Developer as set forth in the Collier County', Consolidated Impact Fee Ordinance. Any such future reimbursement for excess credits shall come solely from future receipts by the County of road impact fees, and from no..other revenue source, and are subject to annual appropriation by the Board of County Commisstoners. However, no reimbursement shall be paid until such time as all development, as defined by the County Manager or his designee, at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (5) years. 9. An annual review and audit of performance under this Agreement shall be performed by the County to determine whether"or not there has been demonstrated good faith compliance with the terms of this Agreement and to report the credit applied toward payment of road impact fees;, and the balance of available unused credit. If the Board of County Commissioners finds, on the basis, of substantial competent evidence, that there has been a failure to, comply with the,, terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County (i) if the Developer does not cure such failure to comply within fifteen (iv5),.days to]] owing written notice from the Countv. or (ii) for a failure to comply prosecute such cure to completion thereafter. 10. On June 14, 2011, the Board of County Commissioners adopted Ordinance No. 2011 -20, which amended the Consolidated Impact Fee Ordinance to provide that a COA in perpetuity will be issued upon payment of thirty -three percent of the estimated road impact fees. The Countv acknowledees and agrees that the road impact fee e-redit - credits to be issued for 8 Draft: Jeff K/Nick/Reed/Bruce /Reed 05/30/12 Developer's construction of Logan North Phase 2 sliall will fall within this provision (as amended) 1br the purpose of d,,......f.ining wheilief Developer should fee and therefore. in consideration of the Developer's obligation to construct Logan North as set forth in this Agreement. the County shall promptly issue the Developer within ninety (90) days of execution of this Agreement a Certificate of Adequate Public Facilities ( "Certificate ") vesting the DevelepB+efftParklands to construct 850 residential dwelling units for'the purposes of meeting the County's transportation concurrency requirements.7 ve case law. This paragraph shall not be construed to divest the ,Parklands of pre - existing vested status under Florida Statutes and case law. Legal Matters 11. All construction projects referenced herein within Collier County shall be submitted for review, permitting and inspection through the Collier County Growth Management Division and the Collier County Transportation Right -Of -Way Department. At the request of the County, _permit ap 'plic' ations will lie filed on behalf of the County. Final acceptance shall be consistent with the typical County acceptance process for public roads. The County, at its expense, will organize, schedule, provide public notice as necessary and hold public meetings on Logan North Phase 1 and Phase 2, when the road design plans for such projects have reached a 30 %, 60% and 90% completion status. The Developer's design engineer for Logan North shall attend any and ;'all , public meetings regarding either of these projects at no cost to Collier County. 12. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, the parties to this Agreement and all successors in interest to the parties to this Agreement. Upon giving written notice to the County, Developer may assign all or part of the road impact fee credits, utilizing the County's then - current forni of assignment, to successor owners of all or part of the Devele 3mefit Parklands, or as otherwise provided for in the Collier County Consolidated Impact Fee Ordinance. 9 Draft: Jeff K/Nick/Reed/Bruce /Reed 05/30/12 13. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve Developer or its successors or assigns of the necessity of complying with any law, ordinance, rule, or regulation governing said permitting requirements, conditions, terms, or restrictions. 14. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, including but not limited to State legislation which materially changes the County's ability to charge impact fees, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent,of this Agreement. 15. The Developer shall execute this Agreement prior to it being submitted for approval by the Board of County Cornmissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, ,Florida, within fourteen (14) days after the County enters into this Agreement. The Developer shall pay all costs of recording this Agreement. A copy of the recorded document will be provided to all parties upon request. The parties hereto shall do all things ,which may be required to give effect to this Agreement immediately as such requirement ,is made known to them or they are requested to do so, whichever is the earlier. 16. This Agreement shall be governed by and construed under the laws of the State of Florida. In the event of any, dispute under this Agreement, the parties shall attempt to resolve such dispute .first by means, of the County's then - current Alternative Dispute Resolution Procedure, if any:, Following'the conclusion of such procedure, if any, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, and remedy being cumulative with any and all other remedies available to the parties for the enforcement of the Agreement. 17. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted hereunder (including County's option) shall be in 10 Draft: Jeff K/Nick/Reed/Bruce /Reed 05/30/12 writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: To County: To Developer: Collier County Manager's Office -1600 Sawerass Corporate Parkwav 3299 Tamiami Trail East, Suite 202 Suite 400 Naples, FL 34112 -5746 Sunrise. FL 33323 Phone: (239) 252 -8383 Attn.: Kevin Ratterree Phone: (954)4753 -1730 18. This Agreement, together with the am6# 0 dbeveloper's PUD and amended Develepinent OFde DRI Amendments, constitutes the entire agreement between the parties with respect to the activities noted herein and supersedes and takes the place of any and all previous agreements entered into between the parties hereto relatio'g to the transactions contemplated herein. All prior representations, undertakings, and agreement's by or between the parties hereto with respect to the subject matter of this Agreement are merge and expressed in, this Agreement, and any and all prior representations, undertakings, and agreements by and between such parties with respect thereto hereby are canceled. Nothing` contained herein shall be deemed or construed to create!between or among any of the parties any joint venture or partnership nor otherwise grant to one another the right, authority or power to bind any other party hereto to any agreement whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk FRED W. COYLE, CHAIRMAN 11 Draft: Jeff K/Nick/Reed/Bruce /Reed 05/30/12 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK REMAINING SIGNATURE PAGE TO FOLLOW 12 W7 eo-1. Draft: Jeff K/Nick/Reed /Bruce /Reed 05/30/12 AS TO DEVELOPER AND PARTICIPANTS: Signed, sealed and delivered in the presence of: Witness PARKLANDS ASSOCIATES I, LLLP, a Florida limited liability limited partnership By: ParklandsiGenpar Corporation, a Florida Corporation, Its: General Partner By Alan Fant, Vice,P.resident Witness Name:tili��'��i�l��q�� iii ! yy State of Florida Rln ;.;t. )ss. �,V,Nlfllilll County of Broward The foregoing instrument was acknowledged before me this day of ?0442012, by Alan 4n+ Vice President of Genpar Corporation, a Florida corporation, General Partner of Parklands Associates I, LLLP, a Florida limited liability limited partnership on behalf of said limited liability limited partnership, who( )is personally known tome or has ( ) produced as' identification. Notary Public NOTARY SEAL Printed Name Commission No. Expiration Date I+ , Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney 13 Draft: Jeff K/Nick/ReedBruce/Reed 05/30/12 6633 021 262461--X 14 lll'1 w /011 eo�1 le� Draft: Jeff K/Nick/Reed/Bruce /Reed 05/30/12 SCHEDULE OF EXHIBITS 1. Exhibit A — Legal Description of Parklands 2. Exhibit B — Logan Boulevard North Construction Phases 3. Exhibit C — Logan Boulevard North Conceptual Roadway Cross - Sections 4. Exhibit D — Logan Boulevard North/Immokalee Road Expanded Intersection 15 EXHIBIT A LEGAL DESCRIPTION All of Section 9, Township 48 South, Range 26 East, Collier County, Florida, less and except the South 30 feet conveyed to Collier County in Official Records Book 484, Page 533, Official Records Book 548, Page 881, and Official Records Book 548, Page 883, all in the public records of Collier County, Florida. Together with the West 60 feet of the South 30 feet of Section 9, Township 48, Range 26 East, Collier County, Florida. Containing 642.239 acres, more or less. H w O z z O J PARKLANDS PROJECT ENTRANCE I I 1 I RIVERSTONE I 1 1 I 1 1 I I I 1 OLDE CYPRESS 1 I 1 I I 1 I ETA RTA Phase 2 - Lee County Section 75' R/W ^' 1.00 Mile 2 -Lane Undivided Section Phase 2 Collier County Section B 80' R/W ^' 1.50 Miles 2 -Lane Divided Section Phase 1 Collier County Section A 80' R/W 1.15 Miles 2 -Land Undivided Section Logan North Construction Phases Logan North Phase 1: Logan North construction from current terminus of Logan North to the Parklands project entrance. Logan North Phase 2: Logan North construction from the Parklands project entrance to Bonita Beach Road. EXHIBIT B to DCA r In 0 S. a E a N N N 0 N N T O Q U O K O LL 3 O O J Q1 Z Q U' C) J THE PARKLANDS 4p' -- - - I 12' 4' 2 12• MULTI -USE PKI DEVELOPMENT AREA 40' UTILITY PLACEMENT SUBJECT TO 40' VARIES 4. TRANSITIONS REQUIRED BETWEEN 10' S' 12' 8' 6' 12' I (25' -35') I LOGAN NORTH TYPICAL SECTIONS HOLE MONTES Florida Certificate of BOMAMM-Mm Authorization No.1772 MUL11-ATUSE I P H EXIST. I GRADE EXIST. GRADE WATER MAIN LEFT TURN LANE SEWAGE F.M. O--- IRRIGATION MAIN - IF REO'D FOR SECOND ENTRANCE WLANDS SECTION WEST LINE OF SECTION 16 4p' I 12' 4' 2 12• MULTI -USE I PATH I L _ EXIST. GRADE) WATER MAIN 4D' 12' L —ROAD WIDENING AS REQUIRED FOR RIGHT --J AND LEFT TURN LANES AT MAIN ENTRANCE PHASE 1 TO THE PARKLANDS MAIN ENTRANCE SECTION A I EXIST. GRADE J SEWAGE F.M. O—IRRIGATION MAIN NOTES 1. SECTIONS ORIENTED LOOKING NORTH. 2. CONSTRUCTION MATERIAL OF MULTI- USE PATH SHALL BE CONCRETE (6- THICK). 3. MINOR DETAILS OF ROAD SECTIONS AND UTILITY PLACEMENT SUBJECT TO CHANGES IN FINAL DESIGN. 4. TRANSITIONS REQUIRED BETWEEN SECTIONS NOT SHOWN. 950 Encore way THE PARKLANDS Napleple s, FL. 34110 Rim (239) 254 -2000 LOGAN NORTH TYPICAL SECTIONS HOLE MONTES Florida Certificate of BOMAMM-Mm Authorization No.1772 EXHIBIT C TO DCA TRANSPORTATION LOGAN BOULEVARD NORTH /IMMOKALEE ROAD EXPANDED INTERSECTION CONSULTANTS, INC. CONCEPTUAL DRAWING- NOT FOR CONSTRUCTION Exhibit D AGENDA ITEM 9 -E Co*.-r Govt" y STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: JUNE 7, 2012 SUBJECT: DOA- PL20100001550: PARKLANDS DRI [COMPANION TO: PUDA- PL20100001551: PARK -LANDS PUD] PROPERTY OWNER & APPLICANT /AGENT: Owner /Applicant: Agents: Kevin Ratterree Robert J. Mulhere FAICP R. Bruce Anderson, Esquire Parklands Associates I, LLLP Mulhere & Associates, LLC Roetzel & Andress, LPA 1600 Sawgrass Corp. Pkwy, Suite 400 PO Box 1367 850 Park Shore Drive Sunrise, FL 33323 Marco Island, FL 34146 Naples, FL 34103 REQUESTED ACTION: The petitioner seeks an amendment to the Parklands Development of Regional Impact (DRI) Development Order (DO) in accordance with Florida Statutes, Subsection 380.06(19), to allow the following changes: • Reduce density from 1603 to 850; • Eliminate the golf course use; • Increase preserve area from 148 acres to 341 acres; • Revise acreages for various components of the project and removal of conversion table; • Revise Education subsection to provide for dedication instead of donation of a school site; • Revise the Fire Protection subsection to remove requirement of fair share contribution to capital and operating expenses and replace with payment of impact fees; • Revise the Fiscal subsection to remove the requirement that the construction of a segment of Logan Boulevard will be at no cost to the County; • Revise the Transportation subsection to remove the proportionate share requirements for off - site road segments and removal of traffic monitoring report; • Delete the Wastewater Management section; • Revise the Water Supply subsection to identify water supply; • Revise the Leapfrog Development subsection to make minor language changes; DOA- PL20100001550: PARKLANDS DRI Page 1 of 5 June 7, 2012 CCPC Revised: 5/17/12 • Revise the General Considerations subsection to make minor language changes and change reporting to biennial; • Remove the Water Management subsection; • Remove the Environmental Considerations subsection; • Remove the Transportation; • Remove the Utilities subsection; • Remove the Exemptions to Subdivision Regulations; • Add a buildout date to the DRI DO; • Incorporate the litigation tolling extension provided by statute; and • Further extend the DRI DO buildout date by three hundred sixty -four days to January 22, 2026 (buildout date). GEOGRAPHIC LOCATION: The subject 642.34zL-acre property is located east of Quail West and south of the Lee - Collier line in Section 9, Township 48 South, Range 26 East, Collier County, Florida, (See the map on next page for details) PURPOSE/DESCRIPTION OF PROJECT: CURRENT REQUEST: According to the petitioner's narrative statement, this petition was submitted to accomplish the following: The DRI Development Order (DO) Amendment is a companion item to a Planned Unit Development Amendment (PUDA) and Developer Contribution Agreement ( "DCA') submitted to Collier County. The requested changes to the DO generally mirror the changes proposed in the PUDA, except that the DO Amendment extends the buildout date of the DRI to January 22, 2026, based upon extensions provided for by statute, and removes obsolete and redundant provisions that are addressed in the LDC and PUD or no longer applicable based on the density reductions and associated reductions in impacts, such as the Logan Boulevard Extension which is addressed in the companion item DCA. It is important to note that the proposed changes, to a large extent and in addition to other planning considerations, are the result of a settlement agreement between the property owner and various environmental stake holder groups. As a result of that settlement agreement, not only is the overall maximum density reduced from 1, 603 units to 850 units (a reduction of 753 units, or nearly fifty percent), but equally as significant, the golf course use is eliminated and overall on -site preservation acreage is to be increased from 158 acres to 341 acres (more than doubling the amount of preservation and increasing the overall open space to more than 72 percent of the overall project). DRI HISTORY.- The Board of Collier County Commissioners approved the DRI DO for this project with Development Order #85 -4. The project was originally approved for a total of 2,410 dwelling units, a golf course and club facilities, a 7.23 acre park site and a 15 acre school site. Since that time there have been five other amendments to the DRI. Please refer to the applicant's NOPC Attachment A, Narrative Statement. No increase in density or intensity is proposed as part of this amendment. In fact, the current amendment proposed to reduce the density from the currently allowable 1,603 multi- family dwelling units to a maximum of 850 single -and multi - family dwelling units. DOA- PL20100001550: PARKLANDS DRI Page 2 of 5 June 7, 2012 CCPC Revised: 5/17/12 SOUTHWEST FLORIDA (SW) REGIONAL PLANNING COUNCIL (RPC): The RPC addressed this Notice of Proposed Change (NOPC) to a previously approved Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes on May 17, 2012. The NOPC and the RPC staff assessment for the NOPC were adopted by the RPC without changes. The RPC adopted the recommendations of approval prepared by its staff with the conditions noted below: (A copy of the RPC staff assessment is included in the application package.) Notify Collier County, the Florida Department of Economic Opportunity and the applicant that the proposed DRI DO language changes and the Map H changes does not appear to create a reasonable likelihood of additional regional impacts on regional resources or facilities not previously reviewed by the SWFRPC and that Council participation at the local public hearing is not necessary, unless requested by the County for technical assistance purposes. 2. Request Collier County to provide a copy of the proposed DO amendment to the Council to assure that it is consistent with the NOPC. DEPARTMENT OF COMMUNITY AFFAIRS (DCA): DCA (now reorganized into the Department of Economic Opportunity) has not offered any objection to the proposed amendment. COUNTY STAFF ANALYSIS: Development authorizations contained in DRI Development Orders are prerequisites to zoning actions that implement DRI land use authorizations. DRI Development Orders are intended to address regional impacts of a project. As noted in the RPC staff report, the proposed changes have no presumption of a substantial deviation under Sub - chapter 380.06(19)(c), Florida Statutes that states: An extension of 5 years or less is not a substantial deviation.... Staff is of the opinion that it is appropriate to extend the date for this project given the economic situation and the tolling issue. Staff does not anticipate any increased impacts or increased demands on infrastructure if this amendment is adopted, and further, staff believes the proposed amendment is not contrary to any Growth Management Plan provisions. Many of the other actions being requested by the petitioner are more of a housekeeping measure to remove or revise outdated requirements, remove items that are now requirements of the Land Development Code or covered in the PUD ordinance, such as the deletion of the Wastewater Management section and the Water Supply section. The changes to the acreages reflect the petitioner's reduced density and increased preservation allocation. Several sections are being revised to reflect new negotiations regarding Logan Boulevard. Like several other DRI's this project's original documents did not include a specific buildout date; this amendment corrects that omission. Staff recommends approval of the DRI DO amendment believing this amendment will not adversely impact adjacent property owners or create an undue public safety concern if the DRI DO is adopted. DOA- PL20100001550: PARKLANDS DRI Page 3 of 5 June 7, 2012 CCPC Revised: 5/17/12 COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition on May 11, 2012. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPQ forward a recommendation of approval of Petition DOA- PL201000001550 to the Board of County Commissioners as described by the amending DRI Development Order resolution. DOA- PL20100001550: PARKLANDS DRI Page 4 of 5 June 7, 2012 CCPC Revised: 5/17/12 PREPARED BY: -K ouj- &a�� KA D ELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: RAYMQ$D V. BELLOWS, ZONING-MANAGER DEPAR MENT OF LAND DEVELOPMENT SERVICES ,XILLIAM-D.-L O NZ, ., P. ., DIRECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: NICK SWA(MENT A, ADMINISTRATOR GROWTH DIVISION 5 hbj, DATE 5 -7-a DATE DATE DATE Tentatively scheduled for the July 24, 2012 Board of County Commissioners Meeting DOA- PL20100001550: PARKLANDS DRI June 7, 2012 CCPC Revised 5/9112 Page 5 of 5 DEVELOPMENT ORDER NO. 12- RESOLUTION NUMBER 12- A RESOLUTION AMENDING DEVELOPMENT ORDER NO. 85 -4, AS AMENDED, FOR THE PARKLANDS DEVELOPMENT OF REGIONAL IMPACT ( "DRI ") BY PROVIDING FOR SECTION ONE: AMENDMENTS TO THE DEVELOPMENT ORDER INCLUDING AMENDMENTS TO THE FINDINGS OF FACT SECTION TO REFLECT CHANGES IN ACREAGES FOR VARIOUS COMPONENTS OF THE PROJECT AND REMOVAL OF CONVERSION TABLE; REDUCING THE NUMBER OF DWELLING UNITS FROM 1,603 TO 850; INCREASING THE PRESERVE AREA TO 341± ACRES, DELETING GOLF COURSE AS A PERMITTED USE AND ADDING A BUILDOUT DATE; AMENDMENTS TO THE CONCLUSIONS OF LAW SECTION AMENDING THE FOLLOWING SUBSECTIONS: EDUCATION SUBSECTION TO PROVIDE FOR DEDICATION INSTEAD OF DONATION OF A SCHOOL SITE; AMENDMENTS TO FIRE PROTECTION SUBSECTION TO REMOVE REQUIREMENT OF FAIR SHARE CONTRIBUTION TO CAPITAL AND OPERATING EXPENSES AND REPLACE WITH PAYMENT OF IMPACT FEES; AMENDMENTS TO THE FISCAL SUBSECTION TO REMOVE THE REQUIREMENT THAT THE CONSTRUCTION OF A SEGMENT OF LOGAN BOULEVARD WILL BE AT NO COST TO THE COUNTY; AMENDMENTS TO THE TRANSPORTATION SUBSECTION TO REFLECT REMOVAL OF PROPORTIONATE SHARE REQUIREMENTS FOR OFF -SITE ROAD SEGMENTS AND REMOVAL OF TRAFFIC MONITORING REPORT; REMOVAL OF WASTEWATER MANAGEMENT SUBSECTION; AMENDMENTS TO WATER SUPPLY SUBSECTION TO IDENTIFY WATER SUPPLY; AMENDMENT TO RE- NUMBER THE LEAPFROG DEVELOPMENT SUBSECTION; AMENDMENTS TO THE GENERAL CONSIDERATIONS SUBSECTION TO MAKE MINOR LANGUAGE CHANGES AND CHANGE REPORTING TO BIENNIAL; REMOVAL OF THE WATER MANAGEMENT SUBSECTION; REMOVAL OF THE ENVIRONMENTAL CONSIDERATIONS SUBSECTION; REMOVAL OF THE TRANSPORTATION SUBSECTION; REMOVAL OF THE UTILITIES SUBSECTION; REMOVAL OF THE MOSQUITO CONTROL SUBSECTION; REMOVAL OF PARKS AND OPEN SPACE SUBSECTION; REMOVAL OF EXEMPTIONS TO SUBDIVISION REGULATIONS; SECTION TWO: FINDINGS OF FACT: EXTENDING THE BUILDOUT DATE TO JANUARY 22, 2026; SECTION THREE: CONCLUSIONS OF LAW; SECTION FOUR: Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 1 of 31 Words PAF iek through are deleted; words underlined are added. EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS AND TRANSMITTAL TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY; AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED EAST OF QUAIL WEST AND SOUTH OF THE LEE - COLLIER LINE IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PETITION DOA- PL2010 -1550) WHEREAS, the Board of County Commissioners, as the governing body of the unincorporated area of Collier County, having jurisdiction pursuant to Chapter 380.06, Florida Statutes, is authorized and empowered to consider Applications for Development Approval for Developments of Regional Impact (DRI) and under said authority did approve the Parklands DRI Development Order (DO) 85 -4 on September 10, 1985; and WHEREAS, the Board of County Commissioners approved amendments to DO 85 -4 on December 17, 1985, July 27, 1993, September 28, 1999, July 30, 2002, and September 9' 2003; and WHEREAS, Parklands Associates I, LLLP, a Florida limited liability limited partnership (the "Applicant "), has filed an Application for a DRI Notice of Proposed Change (together with supporting documents, the "Application ") to the Parklands DO (the "Sixth Amendment"), together with a companion application to amend the Residential Planned Unit Development (RPUD) Document for the Parklands DRI; and WHEREAS, the Southwest Florida Regional Planning Council (SWFRPC) has reviewed and considered the proposed Sixth Amendment and found that such Sixth Amendment is not substantial in nature under the applicable provisions of Chapter 380.06, Florida Statutes; and Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 2 of 31 Words Wur. -th are deleted; words underlined are added. WHEREAS, the Collier County Planning Commission (CCPC) has reviewed and considered the report and recommendations of the SWFRPC and held a duly noticed public hearing to consider the proposed Sixth Amendment on ; and WHEREAS, on , the Board of County Commissioners, at a duly noticed public hearing held in accordance with Section 380.06, Florida Statutes, considered the report and recommendations of the SWFRPC, the report and recommendations of the CCPC, the Application and other documents submitted by the Applicant or Applicant's agent, and the comments upon the record made to this Board of County Commissioners at said meeting; and WHEREAS, on , the Board of County Commissioners passed Ordinance , amending the RPUD Document for the Parklands DRI; and WHEREAS, the public notice requirements of Chapter 380, Florida Statutes, and the Collier County Land Development Code have been satisfied; and WHEREAS, the Board of County Commissioners has determined that the proposed revisions to the Parklands Development Order 85 -4, as amended, do not constitute a substantial deviation requiring further development of regional impact review. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO THE DEVELOPMENT ORDER A. The Findings of Fact Section of Development Order 85-4, as amended, for the Parklands DRI is hereby amended to read as follows: 1. That the real property which is the subject of the proposed ADA—Sixth Amendment is legally described as set forth in Exhibit A.the —Dla ftHe a r J414 Development Doeument for the Parklands, attaehed herew and by refemnee a part thereof is hereby amended for- the purpose of redueing the area e(wmd by Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 3 of 31 Words Amsl thr-ea gh. are deleted; words underlined are added. i The -Faf ds- Develep t- Ofder- 85-4, as amended see the -ar-ea is z nAAA described as fellows. • , I lYi !6i % t�l.): s \iI anai� t• \Thy a�i�<1: a\�ii�� •:l� �Ta 2. The Aapplication is in accordance with Section, 380.06(b), Florida Statutes. 3. Ohey etfe -not inconsistent Yvith the terns and conditions of this order-. The APRlicant submitted to the County the Application for the proposed Sixth Amendment along with a companion application to amend the Planned Unit Development Document for The Parklands Planned Unit Development. 4. The Aapplicant proposes the development of The Parklands Planned Unit Development for 642.3 632 acres; '� 850 residential (single family and multi - family) units on approximately 143.2 115 acres at a gross density of 1.32 units per acre, ; recreation open space and preservation areas (approximately 4-R 466.5 acres),. including 341.2 acres of on -site preserve, whiek A411 inA 27 hole gelf , a fifteen (15) acre school site, gfeuffds and ffmWeamee f6eilifies, central water and sewage facilities, and the required rights -of -way and/or roads (45.6 acres). LAW rw"* 5. The Ddevelopment is consistent with the report and recommendations of the SWFRPC submitted pursuant to Subsection 380.06(11), Florida Statutes. Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 4 of 31 Words s4fue k thfealgh are deleted; words underlined are added. 6. The development will not unreasonably 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 380.05, Florida Statutes, as amended. 9. The development is consistent with the land development regulations of Collier County. B. Section A, Paragraph 2, Education, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby amended to read as follows: 2. EDUCATION: According to SWFRPC's estimates of students added by the Parklands to the school system and the cost for required school construction, SWFRPC recommends that the Aapplicant contribute a school site to one of the two school districts. This contribution is warranted by the need to make the project a more self - sufficient, self - standing community. The dedication of an on- site school site also would provide the project with a needed community center. Condition: A fifteen (15) acre school site shall be donated- dedicated to the Collier County School Board, in accordance with the companion RPUD Document. If acceptable to the School Board, an alternative commitment may be substituted to meet this on -site dedication requirement, including dedication of an off -site location for a school, or payment in lieu thereof. C. Section A, Paragraph 4, Fire Protection, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby amended to read as follows: 4. FIRE PROTECTION: , fire pr-otaeiion sen,iees we euffeiWy provided by two independent distFieta, be needed. in Collie,. C,,,,,,+.., +The proposed development is located within the North Naples Fire Control District.; minutes. NeAh Naples Fire C-Wef-, James jenes, has stated that eNisting fire-, Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 5 of 31 Words stmeltgk are deleted; words underlined are added. Condition: The developer shall €tee- Een4r-el Distfiet as per agfeem her-e4e and by re f ..en ee mare a part here^;) a,.,,,.oyed by the NeFtb. Napier, Fire Ge ♦ 1 Distfiet Board on August 14, T°8 pay fire impact fees in accordance with the requirements of the Collier County Code of Ordinances. D. Section A, Paragraph 5, Fiscal, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby amended to read as follows: 5. FISCAL: The location of the project has caused several issues that would normally be of local concern to become regional in concern due to the need for the two counties to coordinate services. Part of the concern for coordination is for adequate financial resources to be available for funding the services. The fiscal impact analysis indicates that in the first year of the Lee County portion of the project, "The Parklands" will yield negative net fiscal impacts on both the Lee County Ggovernment and the Schhool Dhoard operating budgets. In the first three years of the Collier County portion of the development, the project will have a negative impact on the Collier County School Board. By the second year of the Lee County portion and each year thereafter, "The Parklands" will deliver a positive net fiscal impact on the operating budgets of Lee County Ggovernment and both counties' school boards. The impact on the Collier County Ggovernment, however, will be negative for all years. The Aapplicant will make commitments that will cause the project to yield a neutral or positive net fiscal impact. In Collier County, fiscal mitigation can be achieved by requiring the developer to not claim agricultural exemptions for undeveloped phases in the Collier County portion and to require the dedication of public facilities to serve the population within the project. Conditions: The Aapplicant has agreed to P"IeIA in lieu the provide a fifteen acre a school site to the School Board, Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 6 of 31 Words Amokt#reugl, are deleted; words underlined are added. or if acceptable to the School Board an alternative commitment may be substituted. in lieu ther-eefi, donate money to the Fire Dist et .,a ;_ As set forth in and subject to the Developer's Contribution Agreement for the Parklands, Applicant has a -reed to provide required rights -of -way and construct Logan Boulevard North from its present terminus at the Olde Cypress development north through The Parklands RPUD and extending to Bonita Beach Road, T e .. Boulevard Ex4e ri_ ,;11 l.o .. „r +,,,,.�aa at no rest re the f<e ftaty and, which once connected to Bonita Beach Road, will result in a regional transportation improvement. Construction of the Logan Boulevard EmewienNorth coupled with the applicable impact fee payments as set forth in the Developer's Contribution Agreement, will address the project's anticipated transportation impacts. All of these should mitigate the project's fiscal impacts. E. Section A, Paragraph 9, Transportation, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby amended to read as follows: 9. TRANSPORTATION: The Parklands DRI site is currently accessible e* by a gravel road on the north border in Lee County and from the south via the partially improved Logan Boulevard EmtetNorth from Immokalee Road. Development of the DRI will require paving and extension of Logan Boulevard North from its present terminus to the project entrance. Although not necessary to mitigate the transportation impacts of The Parklands DRI, the developer shall also pave and extend Logan Boulevard North from the project entrance to Bonita Beach Road subject to the terms of the Parklands Developer's Contribution Agreement to the east, eonstFuefien of aeeess reads to the site fiem the neFth and south, ai*d Conditions: a•: Tie -to et extemalprejeet trip generation m4e is - lifnin,d te 1,556 vehirale tr4ps dtwing the weekday P.M. peak hour eendifien, Single faraily units may be eenverted to multi family units and i . indicated in xtemal trip ge ..., Men to gees net exceed 1,056 t, l qipor a_b The developer shall construct a two- (-2}lane road, known as the Logan Boulevard Extensiert North, extending from the present terminus of Logan Boulevard at the Olde Cypress development and north through the Parklands RPUD connecting to Bonita Beach Road. The design �- a The roadway Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 7 of 31 Words stFaek through are deleted, words underlined are added. m_ay be constructed based on one or more phases including, but not limited to, the extension of Lop-an Boulevard North gp to the project entrance as Phase I. Phase II construction to Bonita Beach Road shall commence prior to receipt of certificates of occupancy for 35% of authorized dwelling units (297 units). 1'j K S MU .. .. 03 Urr. • mW -- • KIPPUR& Nil • - 1'j K S MU .. .. 03 Urr. • mW -- • KIPPUR& Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 8 of 31 Words Amak Owei-igh are deleted; words underlined are added. -- • KIPPUR& F-9 w1w 19 1 ZEN- Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 8 of 31 Words Amak Owei-igh are deleted; words underlined are added. • • • I� (4.) hminekalee Read and CR- 95 1; • • PRIM • r r � • • • FM • • • r Mm PRIM • WON■. •• • • FM • • • r Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 9 of 31 Words stfuek threug# are deleted; words underlined are added. r rrr:W r PVT porTIM r r ... ii�l V liifi -. M Ii:4ili...M r ► r PVT porTIM ... ii�l V liifi -. M Ii:4ili...M ► y, UJUA _ 11 — - � -ate i�a�iae.�a7 a'iaer�a�.•erairr� b,h The developer's satisfaction of its obligations under Section A.9 and Section $.3. of the Development Order, as amended, will result in transportation facilities being available when needed for the Parklands DRI. The Parklands DRI continues to be vested for consistency and eoncurrency in accordance with Section 163.3167(8)M, Florida Statutes, and is exempt from any transportation related moratoria. ALTERNATIVES: a. Impact Fees and/or Assessments: If an impact fee and/or assessment is adopted by Collier County or other appropriate agency or government which includes the project's fair share payment of any of the transportation improvements specified in the Development Order or RPUD Document, this fee or assessment shall be substituted for the fair share payments required by this Development Order and/or the RPUD Document for the Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 10 of 31 Words stFuek thr-eugh are deleted; words underlined are added. PVT porTIM ... ii�l V liifi -. M Ii:4ili...M b,h The developer's satisfaction of its obligations under Section A.9 and Section $.3. of the Development Order, as amended, will result in transportation facilities being available when needed for the Parklands DRI. The Parklands DRI continues to be vested for consistency and eoncurrency in accordance with Section 163.3167(8)M, Florida Statutes, and is exempt from any transportation related moratoria. ALTERNATIVES: a. Impact Fees and/or Assessments: If an impact fee and/or assessment is adopted by Collier County or other appropriate agency or government which includes the project's fair share payment of any of the transportation improvements specified in the Development Order or RPUD Document, this fee or assessment shall be substituted for the fair share payments required by this Development Order and/or the RPUD Document for the Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 10 of 31 Words stFuek thr-eugh are deleted; words underlined are added. types of improvements (Estate, regional or local) addressed by said impact fee and/or assessment. Any such payments made for said improvements prior to the adoption or enactment of an impact fee and /or assessment shall be credited toward the fees or assessment(s) imposed on the project. If an adopted impact fee /assessment does not address state roads impacted by this development, proportionate share payments shall be made for such roads regardless of the impact fee /assessment contribution. b. Other Alternatives: It is understood that the specific conditions listed above require commitments for payment from the developer and implicit commitments for construction from local and Estate agencies. In some cases, the improvements may not result even with applicant commitments because of the lack of commitment by Estate agencies. Therefore, Collier County is allowed to provide alternatives to the above conditions when the alternatives mitigate regional roadway impacts. Should this alternative be pursued, Collier County shall solicit SWFRPC review of the alternatives prior to an amended Development Order being adopted. F. Section A, Paragraph 10, Wastewater Management, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: r_ G. Section A, Paragraph 11, Water Supply, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby re- numbered to Paragraph 10 and amended to read as follows: 110. WATER SUPPLY: The developer will provide a 15' wide water main corridor through a western residential tract for a future connection to Quail West for Collier County to interconnect the project's internal water distribution system to Quail West, with the exact location to be determined by developer. The County will be responsible Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 11 of 31 Words st-rtiek thr-oulgh are deleted; words underlined are added. for extending the main into Quail West, making the connection and obtaining an easement in Quail West. Three- eptiens- are -under considem4en for- the woe s"ply fer this prepesed pr -ojee . They are the f rl,,.,,ing- �uGffililsr�l. N. H. Section A, Paragraph 12, Leapfrog Development, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby re- numbered to Paragraph 11 and amended to read as follows: 112. LEAPFROG DEVELOPMENT: The proposed project constitutes development in an area which is within the major growth areas of either Lee or Collier Counties. As such, the provision of services by local government will not involve an extra effort to reach this location. Condition: The project will be incorporated into an areawide MSTU or other appropriate funding mechanism for the provision of municipal services, if found to be necessary by either or both Collier County and Lee County as a funding source for the provision of community services. Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 12 of 31 Words strusk thfough are deleted; words underlined are added. I. Section A, Paragraph 13, General Considerations, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby re- numbered to Paragraph 12 and amended to read as follows: 123. GENERAL CONSIDERATIONS: In the ADA for "The Parklands," numerous commitments were made by the Aapplicant to mitigate project impacts. Many, but not all, of these commitments are listed in the staff assessment. Conditions: a. All cGommitments and impact - mitigating actions provided by the Aapplicant within the Application for Development Approval (and supplementary documents) that are not in conflict with specific cGonditions for project approval outlined above are officially adopted as Cconditions for approval. An amended Master Plan dated September - 9 —,200-3--is attached hereto as Exhibit B and b y mfer-enee b. The developer shall submit an wmttal a biennial report on the development of regional impact to Collier County, the Southwest Florida Regional Planning Council, the Department of Community Affairs and all affected permit agencies as required in Subsection 380.06(18), Florida Statutes. J. Section B of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: . ME- Far .. K. Section B, Paragraph 1, Water Management, Lakes and Engineering of the Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: .. _ Tf Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 13 of 31 Words struektl� are deleted; words underlined are added. M i a 'i �M- Olp M"; Mi VOMM €: Labe Setbacks: 4r: All lake sethaeks shall be measufed from the lake m6menatwe easem effti r. MMTRI �. r Y. L-- ON ,a e Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 14 of 31 Words stmek through. are deleted; words underlined are added. -------- romap"Mm ... L-- ON ,a e Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 14 of 31 Words stmek through. are deleted; words underlined are added. L. Section B, Paragraph 2, Environmental Considerations, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: 00"Aft"I"N"KNOWN All RIM L. Section B, Paragraph 2, Environmental Considerations, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: am an., ...... Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 15 of 31 Words stfue1£ thfoug# are deleted; words underlined are added. RIM ■ ■ am an., ...... Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 15 of 31 Words stfue1£ thfoug# are deleted; words underlined are added. RIM am an., ...... Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 15 of 31 Words stfue1£ thfoug# are deleted; words underlined are added. ............... MWEEMM M. Section B, Paragraph 3, Transportation, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: ._ .• • ............... MWEEMM M. Section B, Paragraph 3, Transportation, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 16 of 31 Words sm& thfeu.gh are deleted; words underlined are added. ._ .• Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 16 of 31 Words sm& thfeu.gh are deleted; words underlined are added. Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 17 of 31 Words stmelc t#� are deleted; words underlined are added. l; a Oi �mFw�rwerw�rr�101"M M-,i s oft Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 17 of 31 Words stmelc t#� are deleted; words underlined are added. l; Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 17 of 31 Words stmelc t#� are deleted; words underlined are added. a 1: i s Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 17 of 31 Words stmelc t#� are deleted; words underlined are added. 1: i Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 17 of 31 Words stmelc t#� are deleted; words underlined are added. Y. irate ,. cess(es), dri;Le —aisles sidewalk(s) not leeated � County arJ ,. =a- -- .._ .. gh4 of way will be . :✓' ••___ ..� yatel y maintained by a entity e 4 ,l 1. ..,...�.J .................,.. .,J a...aa -vJ- the developer-, its s j..:. in .:.a�...� va,:,uccvca title or assignee(s), er-(9) - - - S OWNIM" M, mr-T-119117-11 Rim- ir�� :rr7t••it-� N R7 All irate ,. cess(es), dri;Le —aisles sidewalk(s) not leeated � County arJ ,. =a- -- .._ .. gh4 of way will be . :✓' ••___ ..� yatel y maintained by a entity e 4 ,l 1. ..,...�.J .................,.. .,J a...aa -vJ- the developer-, its s j..:. in .:.a�...� va,:,uccvca title or assignee(s), er-(9) MmIlm Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 18 of 31 Words struek d"ag# are deleted; words underlined are added. .. r. . r \ NNIMIMINII.F. shi hied to the west to : pla#iag pr- eeess. 4 The o nn+ leeatie of 41,:n n sibi Y. NIHON \ NNIMIMINII.F. shi hied to the west to : pla#iag pr- eeess. 4 The o nn+ leeatie of 41,:n n sibi N. Section B, Paragraph 5, Utilities, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: 5. a T Ta ' 1 a. Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 19 of 31 Words struck through are deleted; words underlined are added. 0 1 Em ZCIILLZAJKIIIM M.", ■ 0�a�iioia�s��2► Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 20 of 31 Words stFuek thFeagh are deleted; words underlined are added. MONIN M M- MEN • • • s s 0 ■ 0�a�iioia�s��2► Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 20 of 31 Words stFuek thFeagh are deleted; words underlined are added. Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 20 of 31 Words stFuek thFeagh are deleted; words underlined are added. Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 21 of 31 Words struele eagh. are deleted; words underlined are added. WrIm ALJ Y 10 NO' Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 21 of 31 Words struele eagh. are deleted; words underlined are added. WrIm Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 21 of 31 Words struele eagh. are deleted; words underlined are added. Y. PA Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 21 of 31 Words struele eagh. are deleted; words underlined are added. h) If applieeble, z wpm Mr-NMERf-mm Mr. ► ■ AU �Miru connec-tion the Cewity's facilities v" A�er- r 110 lip il" oil `rater easements -- the— ineluding meter – sefving pr-e}eet, neeessaFy. ael-I atili h) If applieeble, z wpm Mr-NMERf-mm Mr. ► ■ AU eili es the n. connec-tion the Cewity's facilities v" A�er- 110 lip il" oil `rater easements -- the— ineluding meter – sefving pr-e}eet, neeessaFy. ael-I atili h) If applieeble, z wpm Mr-NMERf-mm Mr. ► ■ AU eili es the n. h) If applieeble, z 4...... _ of ► ■ AU eili es the n. connec-tion the Cewity's facilities v" A�er- to the master- `rater easements -- the— ineluding meter – sefving pr-e}eet, neeessaFy. ael-I atili Parklands DOA / PL2010 -1550 Rev. 5/02112 Page 22 of 31 Words struck thraugh are deleted; words underlined are added. z ► ■ AU lip Parklands DOA / PL2010 -1550 Rev. 5/02112 Page 22 of 31 Words struck thraugh are deleted; words underlined are added. z ► ■ AU Parklands DOA / PL2010 -1550 Rev. 5/02112 Page 22 of 31 Words struck thraugh are deleted; words underlined are added. r. !'E'fi!!E!ltff r. s s ■ ■ ■ a s ■ ■ Mgr. ■ ■ a s ■ if , !!"ifi"�!!!l�lRiia7all5. . ON Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 23 of 31 Words stpuek thr-eugl, are deleted; words underlined are added. s ■ ■ ■ if , !!"ifi"�!!!l�lRiia7all5. . ON Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 23 of 31 Words stpuek thr-eugl, are deleted; words underlined are added. Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 24 of 31 Words struek dir -eug# are deleted; words underlined are added. MIM-M , lor Tr- MO.. Z- Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 24 of 31 Words struek dir -eug# are deleted; words underlined are added. MOM an M v Yin Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 24 of 31 Words struek dir -eug# are deleted; words underlined are added. satisfaetefy method — of�eimbur-sement to --the develepear f e- s r. O. Section B, Paragraph 6, Mosquito Control, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: 6: Me P. Section B, Paragraph 7, Parks and Open Space, of The Conclusions of Law Section of Development Order 85-4, as amended, for the Parklands DRI is hereby deleted in its entirety: - Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 25 of 31 Words s4mek dweu.ghl are deleted; words underlined are added. !!�FlTJ ■ IWMN ■ • U" ■ s r. O. Section B, Paragraph 6, Mosquito Control, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: 6: Me P. Section B, Paragraph 7, Parks and Open Space, of The Conclusions of Law Section of Development Order 85-4, as amended, for the Parklands DRI is hereby deleted in its entirety: - Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 25 of 31 Words s4mek dweu.ghl are deleted; words underlined are added. ■ IWMN ■ • s r. O. Section B, Paragraph 6, Mosquito Control, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: 6: Me P. Section B, Paragraph 7, Parks and Open Space, of The Conclusions of Law Section of Development Order 85-4, as amended, for the Parklands DRI is hereby deleted in its entirety: - Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 25 of 31 Words s4mek dweu.ghl are deleted; words underlined are added. Q. Section B, Paragraph 8, Exemptions to Subdivision Regulations, of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby deleted in its entirety: EAV111lJiiens to the Sub.. iyis;e... D ul- M'v^ii�: 8 LT C' Subs efief 3.2.8.3.17--. Sid .. n b th shall eenkim to-the f this Subseetien, exeept that sidewalks shall only be r-equi .n ene side ef the stfeet in the ease of single family eul de sae rights ef way, swam= -M _ r a s: LEW, Subser.4a r3 .2.8 .3.24 and Subseetief- 3.2.8.4z!.! The requirement e blank utility easing installad-e-a— be waived. Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 26 of 31 Words stmek through are deleted; words underlined are added. .. Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 26 of 31 Words stmek through are deleted; words underlined are added. i. \ • Jwl M W-M-MM • .� \ z iz VMW fJMM \ J MOM i. r • r. .� \ z R. The General Commitments after Section B, Paragraph 8 of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby amended to read as follows: -1-: All commitments and impact mitigating actions provided by the Aapplicant in the Application for Development Approval and supplemental documents and the Aapplication for Public Hearing for rezoning and supplemental documents that are not in conflict with conditions or stipulations specifically enumerated above are hereby adopted to this Development Order by reference. incer-per-ated 13 rein as paft of 034s amended developmerA efd 2. The Community Development Administrator shall be the local official responsible for assuring compliance with the Development Order. 3. This Development Order shall remain in effect for the duration of the project. by Mareh 1- 1,X003 -ii-r e @r 9i3�, ��G16pfent appio rml -dir to rnzinuto -cia this develep rt order shall ne- lengeF be e€feetive. -e'er purposes orthis u4ilifies and f4eilities soeh as sewer- awl water- fines, This fime per-ied may be iii —the event thM uneei tellable eir- eumstanees- delay the— eew.aeaeemeA-t e development.. 4. The Aapplicant or its di& successor(s) in title to the subject property shall submit a report bienniLllyaawaal4y, commencing one year from the effective date of this Sixth Amendment to Development Order, to the Board of County Commissioners Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 27 of 31 Words stM& 44eag# are deleted, words underlined are added. .� \ iz VMW fJMM \ J R. The General Commitments after Section B, Paragraph 8 of The Conclusions of Law Section of Development Order 85 -4, as amended, for the Parklands DRI is hereby amended to read as follows: -1-: All commitments and impact mitigating actions provided by the Aapplicant in the Application for Development Approval and supplemental documents and the Aapplication for Public Hearing for rezoning and supplemental documents that are not in conflict with conditions or stipulations specifically enumerated above are hereby adopted to this Development Order by reference. incer-per-ated 13 rein as paft of 034s amended developmerA efd 2. The Community Development Administrator shall be the local official responsible for assuring compliance with the Development Order. 3. This Development Order shall remain in effect for the duration of the project. by Mareh 1- 1,X003 -ii-r e @r 9i3�, ��G16pfent appio rml -dir to rnzinuto -cia this develep rt order shall ne- lengeF be e€feetive. -e'er purposes orthis u4ilifies and f4eilities soeh as sewer- awl water- fines, This fime per-ied may be iii —the event thM uneei tellable eir- eumstanees- delay the— eew.aeaeemeA-t e development.. 4. The Aapplicant or its di& successor(s) in title to the subject property shall submit a report bienniLllyaawaal4y, commencing one year from the effective date of this Sixth Amendment to Development Order, to the Board of County Commissioners Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 27 of 31 Words stM& 44eag# are deleted, words underlined are added. of Collier County, the Southwest Florida Regional Planning Council, and the Department of Community Affairs. This report will contain the information required in Section 9B- 16.25, Florida Administrative Code. Failure to submit the annual report shall be governed by Subsection 380.06(16), Florida Statutes. 5. 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; aT A substantial deviation from the terms or cConditions of this Ddeveloprnent Oerder, or other changes to the approved development plans which create a reasonable Iikelihood of adverse regional impacts or other regional impacts which were not evaluated in the review by the Southwest Florida Regional Planning Council; or b: An expiration of the period of effectiveness of this Ddevelopment Oerder as provided herein. Upon a finding that either of the above is present, the Board of County Commissioners of Collier County shall order a termination of all development activity until such time as a new DRI Application for Development Approval has been submitted, reviewed and approved in accordance with Section 380.06, Florida Statutes. 6. The approval granted by this Development Order is limited. Such approval shall not be construed to obviate the duty of the Aapplicant to comply with all other applicable local or state permitting procedures. 7. The definitions contained in Chapter 380.06, Florida Statutes, shall control the interpretation and construction of any terms of this Development Order. 8. This Order shall be binding upon the Ddeveloper, its assignees or successors in interest. 9. 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 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. 10. In the event that any portion or section of this Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner effect the remaining portions of this Order which shall remain in full force and effect. Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 28 of 31 Words Am& dwough. are deleted; words underlined are added. 11. This Resolution shall become effective as provided by law. 12. Certified copies of this Oerder are to be sent immediately to the Department of Community Affairs, Southwest Florida Regional Planning Council. 13. The buildout date for the Parklands DRI is established as January 22, 2026. SECTION TWO: FINDINGS OF FACT PERTAINING TO SIXTH AMENDMENT A. The approved land uses within the Parklands DRI are depicted on the Master Plan which is attached hereto as Exhibit H and incorporated by reference herein. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The development of the Parklands DRI on 642.3± acres of land shall include the land uses described in Development Order 85-4, as amended. D. The proposed amendment to the previously approved Development Order is consistent with the report and review of the Southwest Florida Regional Planning Council. E. A comprehensive review of the impact generated by the proposed amendment has been conducted by the County departments and the Southwest Florida Regional Planning Council. F. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes. G. The Buildout Date for the Parklands DRI shall be January 22, 2026, based on the buildout date extensions and tolling described below. A summary of the buildout date extensions and toiling is as follows. Buildout Original Development Order 85 -4 approved 9/10/85) 12/17/2007 • Development Order No. 93 -1— 4 year extension 12/17/2011 • 2007 Extension — 3 years 12/17/2014 3 80.06(19)(c) 0 2010 Extension — 2 years 12/17/2016 380.06(19)(c), F.S. + 2011 Extension — 4 years 12/17/2020 380.06(19)(c), F.S. Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 29 of 31 Words Atiel thFeugh are deleted; words underlined are added. i • Litigation Tolling Extension Period — 4 years, 1 month and 6 days measured 004tt °° from June 1, 2006 challenge to permit (Army Corps of Engineers) issuance to July 6, 2010 settlement agreement 01/23/2025 380.06(19)(c), F.S. • 3. 64 days This Development Order Amendment 1/22/2026 380.06(19)(c) F.S_ SECTION THREE: CONCLUSIONS OF LAW PERTAINING TO SIXTH AMENDMENT A. This Sixth Amendment of the previously approved Development Order is consistent with the report and recommendations of the Southwest Florida Regional Planning Council and does not constitute a "substantial deviation" pursuant to Section 390.06(19), Florida Statutes. B. This Sixth Amendment to the previously approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. This Sixth Amendment to the previously approved Development Order is consistent with the Collier County Growth Management Plan and the land development regulations adopted pursuant thereto. D. This Sixth Amendment to the previously approved Development Order is consistent with the State Comprehensive Plan. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS TRANSMITTAL TO DCA AND EFFECTIVE DATE A. Except as amended hereby, Development Order 85 -4, as amended, shall remain in full force and effect, binding in accordance with its terms on all parties hereto. This amended Development Order shall take precedence over other applicable previous Development Orders which are in conflict with it. B. Copies of the Development Order No. 12- shall be transmitted immediately upon execution to the Department of Economic Opportunity, Bureau of Land and Water Management and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 30 of 31 Words stfeek thfough are deleted; words underlined are added. Done this day of , 2012. ATTEST: DWIGHT E. BROCK, CLERK BY: Deputy Clerk Approved as to form and legal sufficiency: Heidi Ashton -Cicko Managing Assistant County Attorney Attachments: Exhibit A — Legal Description Exhibit H - Master Plan CP\11- CAS - 01081 \58 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Chairman Parklands DOA / PL2010 -1550 Rev. 5/02/12 Page 31 of 31 Words Amok thre gh are deleted; words underlined are added. EXHIBIT "A" LEGAL DESCREMON THE PARKLANDS RPUD All of Section 9, Township 48 South, Range 26 East, Collier County, Florida, less and except the South 30 feet conveyed to Collier County in Official Records Book 484, Page 533, Official Records Book 548, Page 881, and Official Records Book 548, Page 883, all in the public records of Collier County, Florida. Together with the West 60 feet of the South 30 feet of Section 9, Township 48, Range 26 East, Collier County, Florida. Containing 642.239 acres, more or less. 6024300 1 wa i a agg -Asi- 1291 1 IL Mm yj Z 51-0 < 5- S. SHE 0 z z fulvim U.- WOM a�- Mm 10 M IN xii ,R CL gg� HIM one F, 21 , N