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Backup Documents 06/09/2015 Item # 9B O 8 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement 0 Other: (Display Adv., location,etc.) Originating Dept!Div: Zoning Person: Marcia R. Kendall Date: 4/01/2015 Petition No.(If none,give brief description): PL20130001767/CP-2013-10/Vincentian GMPA Petitioner: (Name&Address): Robert Mulhere,Hole, Mantes&Associates,950 Encore Way,Naples,FL and Rich Yovanovich,Coleman,Yovanovich& Koester, PA,4001 Tamiami Trail East, Suite 300,Naples,FL Name&Address of any person(s)to be notified by Clerk's Office: (If more space is needed,attach separate sheet) N/A Hearing before X BCC BZA Other Requested Hearing date:April 28,2015(Based on advertisement appearing 20 days prior hearing. Newspaper(s)to be used: (Complete only if important): X Naples Daily News Account#068778 ❑ Other 0 Legally Required Purchase Order number: 4500153764 Proposed Text: (Include legal description&common location&Size: the ad should be a 1/4 page advertisement and must not be placed in that portion of the newspaper where classified ads appear. Companion petition(s), if any&proposed hearing date:N/A Does Petition Fee include advertising cost?X Yes ❑ No. If Yes,what account should be charged for advertising costs: 111-138317-649100-00000 Reviewed by: Li— Division Administrator or Designee Date List Attachments: See Attached Ordinances DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑Requesting Division ❑Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. FOR CLERK'S OFFICE ES O LY: � Date Received: 1 ( Date of Public hearing: Lk )a6))1-13—ate Advertised: {U !"5 1 B Teresa L. Cannon From: Kendall, Marcia Sent: Wednesday, April 01, 2015 7:12 AM To: Minutes and Records Cc: Bosi, Michael; Brock, MaryJo; Lang, Ashley; Neet, Virginia; Patricia L. Morgan; Rodriguez, Wanda;Weeks, David; Gundlach, Nancy; Bellows, Ray Subject: PL20130001767/CP-2013-10 Vincentian GMP Amendment&Companion PUDZ- PL2013001726 BCC Advertisement Request Attachments: PL20130001767_CP-2013-10_BCC_Ad_Request.rtf; PL20130001767(2X3) Ad Map_Vincentian.pdf; PL20130001767_CP-2013-10 Ad Request Sheet.pdf; CURRENT Ordinance w_Exhibits - 033015.pdf; Current Zoning Ordinance - rev 032515.pdf Please process the attached and acknowledge receipt at your earliest convenience. Thank you! Cordially, Marcia Marcia R. Kendall,Senior Planner Growth Management Department Zoning Division Comprehensive Planning Section 2800 N. Horseshoe Drive Naples, FL 34104 Phone: (239) 252-2387 EFax: (239) 252-6675 MarciaKendall@colliergov.net Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records s request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 9 B NOTICE OF MEETING NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on Tuesday, April 28, 2015 in the Board of County Commissioners chamber, third floor, Collier County Government Center, 3299 E. Tamiami Trail, Naples, FL. The purpose of the hearing is to consider: AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY ESTABLISHING THE VINCENTIAN MIXED USE SUBDISTRICT IN THE URBAN MIXED USE DISTRICT TO ALLOW A RESIDENTIAL ONLY, COMMERCIAL ONLY OR MIXED USE PROJECT AT THE FOLLOWING DENSITY/INTENSITY: UP TO 7.3 RESIDENTIAL DWELLING UNITS PER ACRE FOR A MAXIMUM OF 224 RESIDENTIAL DWELLING UNITS, UP TO 250,000 SQUARE FEET OF COMMERCIAL USES, A 150 ROOM HOTEL, AND AN ASSISTED LIVING FACILITY AT A FLOOR AREA RATIO OF 0.6. THE COMMERCIAL USES ALLOWED BY RIGHT ARE ALL PERMITTED USES AND CONDITIONAL USES IN THE C-3 COMMERCIAL INTERMEDIATE ZONING DISTRICT, AND THREE PERMITTED USES AND ONE CONDITIONAL USE IN THE C-4 COMMERCIAL GENERAL ZONING DISTRICT IN THE COLLIER COUNTY LAND DEVELOPMENT CODE, WITH CONVERSIONS AND LIMITATIONS IF PROJECT IS DEVELOPED AS MIXED USE DEVELOPMENT; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS LOCATED AT THE CORNER OF SOUTHWEST BOULEVARD AND U.S. 41 (TAMIAMI TRAIL EAST) IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 30.68±ACRES, [PL20130001767/CP-2013-10] 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 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS THE VINCENTIAN VILLAGE MPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 224 MULTIFAMILY RESIDENTIAL DWELLING UNITS, UP 1 98 TO 250,000 GROSS SQUARE FEET OF COMMERCIAL LAND USES, A HOTEL LIMITED TO 150 ROOMS, AND AN ASSISTED LIVING FACILITY (ALF) AT 0.6 FAR. THE COMMERCIAL USES ARE SUBJECT TO CONVERSIONS AND LIMITATIONS IF THE PROJECT IS DEVELOPED AS MIXED USE OR IF A HOTEL OR ALF IS CONSTRUCTED. THE SUBJECT PROPERTY IS LOCATED AT THE SOUTHEAST CORNER OF SOUTHWEST BOULEVARD AND U.S. 41 IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 30.68+/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-37, THE VINCENTIAN PUD; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZ- PL20130001726] INSERT MAP All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCES will be made available for inspection at the Zoning Division, Comprehensive Planning Section, 2800 N. Horseshoe Dr., Naples, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore the materials will be made available for inspection at the Collier County Clerk's Office, fourth floor, Collier County Government Center, 3299 East Tamiami Trail, suite 401 Naples, one week prior to the scheduled hearing. Any questions pertaining to the documents should be directed to the Zoning Division, Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Tuesday, April 28, 2015, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia Morgan Deputy Clerk (SEAL) 2 , 9 8 _A3111013 _, m21 0 | ~ 0 y 0 § w/ r\ & J a... q \ . 4 Illr .1§| ,, ■ E | " � ; 2 , k§ ® 2 p B .13 } 4B ORDINANCE NO. 15- AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY ESTABLISHING THE VINCENTIAN MIXED USE SUBDISTRICT IN THE URBAN MIXED USE DISTRICT TO ALLOW A RESIDENTIAL ONLY, COMMERCIAL ONLY OR MIXED USE PROJECT AT THE FOLLOWING DENSITY/INTENSITY: UP TO 7.3 RESIDENTIAL DWELLING UNITS PER ACRE FOR A MAXIMUM OF 224 RESIDENTIAL DWELLING UNITS, UP TO 250,000 SQUARE FEET OF COMMERCIAL USES, A 150 ROOM HOTEL, AND AN ASSISTED LIVING FACILITY AT A FLOOR AREA RATIO OF 0.6. THE COMMERCIAL USES ALLOWED BY RIGHT ARE ALL PERMITTED USES AND CONDITIONAL USES IN THE C-3 COMMERCIAL INTERMEDIATE ZONING DISTRICT, AND THREE PERMITTED USES AND ONE CONDITIONAL USE IN THE C-4 COMMERCIAL GENERAL ZONING DISTRICT IN THE COLLIER COUNTY LAND DEVELOPMENT CODE, WITH CONVERSIONS AND LIMITATIONS IF PROJECT IS DEVELOPED AS MIXED USE DEVELOPMENT; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS LOCATED AT THE CORNER OF SOUTHWEST BOULEVARD AND U.S. 41 (TAMIAMI TRAIL EAST) IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 30.68±ACRES, [PL20130001767/CP-2013-10] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Community Planning Act, formerly the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Petitioner, Robert J. Mu'here, FAICP of Hole Montes, Inc. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, PA on behalf of Global Properties, LLC, have initiated this amendment to the Future Land Use Element and Future Land Use Map and Map Series; and [14-CMP-00931/1164527/1] 101 1 PL20130000365/CP-2013-4—rev.3/30/15 Words underlined are additions; Words struck-t#rough are deletions *** *** *** *** are a break in text 9B WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on November 10, 2014, after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Economic Opportunity reviewed the amendments to the Future Land Use Element to the Growth Management Plan and transmitted its comments in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 180 days from receipt of the Comments Report from the Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report, the documents entitled Collier County Growth Management Plan Amendments and other documents,testimony and information presented and made a part of the record at the public hearings of the Collier County Planning Commission held on March 19, 2015, and the Collier County Board of County Commissioners held on April 28,2015; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The amendment to the Future Land Use Element and Future Land Use Map and Map Series attached hereto as Exhibit "A" and incorporated herein by reference, is hereby adopted in accordance with Section 163.3184, Florida Statutes, and shall be transmitted to the Florida Department of Economic Opportunity. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan [14-CMP-00931/1164527/1] 101 2 PL20130000365/CP-2013-4—rev. 3/30/15 Words underlined are additions;Words stfusk-threugk are deletions *** *** *** *** are a break in text C,q 98 amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status,a copy of which resolution shall be sent to the state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk TIM NANCE, Chairman Approved as to form and legality: Scott A. Stone Assistant County Attorney Attachment: Exhibit A—Text and Maps [14-CMP-00931/1164527/11101 3 PL20130000365/CP-2013-4-rev. 3/30/15 Words underlined are additions;Words seek-threes are deletions *** *** *** *** are a break in text 9B PL20130001767 CP-2013-10 EXHIBIT"A" FUTURE LAND USE ELEMENT [Page 10] Policy 1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. URBAN -MIXED USE DISTRICT 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict 3. Urban Coastal Fringe Subdistrict 4. Business Park Subdistrict 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7. Residential Mixed Use Neighborhood Subdistrict 8. Orange Blossom Mixed-Use Subdistrict 9 Vanderbilt Beach/Collier Boulevard Commercial Subdistrict 10. Henderson Creek Mixed-Use Subdistrict 11. Research and Technology Park Subdistrict 12. Buckley Mixed-Use Subdistrict 13. Commercial Mixed Use Subdistrict 14. Livingston/Radio Road Commercial Infill Subdistrict 15. Vanderbilt Beach Road Neighborhood Commercial Subdistrict 16. Collier Boulevard Community Facility Subdistrict 17. Vincentian Mixed Use Subdistrict e**R r*** ••*R •R•* its• I... •i*• rR** e*** Ott• *•*R [Page 26] 12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Residential Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed-Use Subdistrict, Buckley Mixed Use Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Commercial Mixed Use Subdistrict, Henderson Creek Mixed Use Subdistrict, Livingston/Radio Road Commercial Infill Subdistrict, Vanderbilt Beach Road Neighborhood Commercial Subdistrict, Vincentian Mixed Use Subdistrict; and, in the Urban Commercial District, Mixed Use Activity Center Subdistrict, interchange Activity Center Subdistrict, Livingston/Pine Ridge Commercial Infill Subdistrict, Livingston Road/Eatonwood Lane Commercial Infill Subdistrict, Livingston Road Commercial Infill Subdistrict, Commercial Mixed Use Subdistrict, Livingston RoadNeterans Memorial Boulevard Commercial Infill Subdistrict, Goodlette/Pine Ridge Commercial Infill Subdistrict; Orange Blossom/Airport Crossroads Commercial Subdistrict, in the Bayshore/Gateway Triangle Redevelopment Overlay; and, as allowed by certain FLUE policies. *t*t •r** e*•• *.R. **** •.•• r**. .*e• rr** **** **** [Page 46] 1 Words underlined are added; words str-tic,k-tlhreag#are deleted Row of asterisks(•r*r **** *r**)denotes break in text. Version Date: 3-20-2015 O.) P %ct- ' aF _ B PL20130001767 CP-2013-10 17 Vincentian Mixed Use Subdistrict This Subdistrict contains approximately 30 68 acres, is located on the south/west side of Tamiami Trail East (US 41) and is depicted on the Vincentian Mixed Use Subdistrict Map. The purpose of this Subdistrict is to allow for neighborhood. community, and regional commercial development: residential development; and mixed use(commercial and residential)development The Subdistrict is intended to include commercial uses to serve the emerging residential development in close proximity to this Subdistrict, and to provide employment opportunities for residents in the surrounding area. In order to comply with Policy 1.10 of the Housing Element of the Growth Management Plan, residential development shall be limited to market-rate units so as to avoid the concentration of affordable housing in one location in the County. The property may be developed j entirely as commercial, entirely as residential, or as a mixture of residential and commercial uses. The development of this Subdistrict shall comply with the following restrictions, limitations and standards: a. Allowable uses: The maximum intensity of commercial uses shall be limited to those allowed in the C-3 zoning district, both by right and by conditional use, as listed in the Collier County Land Development Code in effect as of the date of adoption of this Subdistrict. Additionally, the following uses are allowed: 1. Department store(5311), 2. Hotel (7011, hotel only), 3. Dental laboratories(8072), and 4. Nursing and personal care facilities(8051). b. Additional use restrictions and intensity standards: 1. Commercial uses shall be limited to a maximum of 250,000 square feet of gross floor area (GFA), one hotel (maximum of 150 rooms), and an assisted living facility (maximum FAR 0.6). Additionally, for every acre. or portion thereof, of hotel or ALF. the maximum allowable commercial GFA shall be reduced by 10.000 square feet, or portion thereof for fractional amount under an acre. 2. Residential development shall be limited to a maximum density of 7.3 units per acre, calculated on the gross acreage of the property exclusive of any commercial portions, for a maximum of 224 multi-family dwelling units. 3. If the project is developed as mixed use (residential and commercial uses), the residential density allowance is as provided for in Number 2. above, and the commercial portion of the project shall not exceed 10 acres in size and a maximum of 128,000 square feet of GFA of commercial uses. a 150-room hotel, and an Assisted Living Facility at a 0.6 FAR. Additionally, for every acre, or portion thereof, of hotel or ALF, the maximum allowable commercial GFA shall be reduced by 10,0QQ square feet, or portion thereof for fractional amount under an acre. 4. A stand-alone automobile service station (i.e. retail fuel sales in conjunction with a convenience store) is prohibited; however, accessory fuel pumas in association with a grocery store (SIC 5411) or membership warehouse type facilitvXSlC 5311, 5331) greater than 15,000 square feet of GFA are allowed. 5. A recreational site for the use of the adiacent RV or mobile home parks may be developed on a maximum of 3 acres. The recreational site may inoltde facilities such as a pool, clubhouse, and tennis courts. 2 Words underlined are added;words ethisli-t4f04944 are deleted Row of asterisks(**** "" '.") denotes break in text. Version Date: 3-20-2015 98 PL20130001767 CP-2013-10 c. Site Development: 1 Rezoning of this Subdistrict is encouraged to be in the form of a Planned Unit Development (PUD). The rezone ordinance shall contain development and design standards to ensure compatibility with internal uses as well as adjacent external uses, and shall include additional restrictions and standards necessary to ensure that uses and hours of operation are compatible with surrounding land uses. 2 The subject site will be developed with a common architectural and landscaping theme, to be submitted with the first Site Development Plan. 3. The unified planned development submitted at time of the first Site Development Plan will reflect internal connectivity through shared parking and cross-access agreements, 4. Pedestrian connections are encouraaed, both with perimeter properties. where feasible. and between internal buildings. 5. At the time of Site Development Plan approval, the required on-site vegetation retention may be satisfied off-site, pursuant to Policy 6.1.1(13)of the Conservation and Coastal Management Element (CCME) of the Growth Management Plan. At a minimum, 15 percent of the on-site native vegetation must be retained on-site. If the portion of native vegetation satisfied off-site is met by land donation to the County, the specific off-site property shall be taken to the Board of County Commissioners for acceptance. However, a hearing before the Conservation Collier Land Acquisition Advisory Committee will not be required. ••t• •••• .0. ••.• .tt• •..• Ott *tar* tttt tttt tttt [Page 1411 Urban Rural Fringe Transition Zone Overlay Map Orange Blossom Mixed Use Subdistrict Map Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Map Goodlette/Pine Ridge Commercial Infill Subdistrict Map Henderson Creek Mixed-Use Subdistrict Map Buckley Mixed-Use Subdistrict Map Livingston/Pine Ridge Commercial Infill Subdistrict Map Vanderbilt Beach Road Neighborhood Commercial Subdistrict Map Livingston Road/Eatonwood Lane Commercial Infill Subdistrict Map Livingston Road Commercial Infill Subdistrict Map Orange Blossom/Airport Crossroads Commercial Subdistrict Livingston RoadNeteran's Memorial Boulevard Commercial Infill Subdistrict Map Corkscrew Island Neighborhood Commercial Subdistrict Map Collier Boulevard Community Facility Subdistrict Map Coastal High Hazard Area Map Coastal High Hazard Area Comparison Map Vincentian Mixed Use Subdistrict Map 3 Words underlined are added;words sctwsk-t#augh are deleted Row of asterisks (•••* tttt)denotes break in text. Version Date: 3-20-2015 POI, 3 OC EXHISIT; PETITION PL20130001767/iP-2 0 VINCENTIAN MIXED USE SUBDISTRICT 0� COLLIER COUNTY, FLORIDA '2" ", _ (//7 IP % 40‘ N 4 44b I i ' ( \,::".7 ,./ 46 , \ , 011. rEl t 1 j\1�` \4 < .ti. I ,,,,,- -- \ - i \ I \\ r f- ...-.- r , , de, . , \ <-1-‹ #\44*, # r• , , L I ,----i p— 444 ; ' . , r ,*4 ...... S.\\-,r , ' ,,-, ,41. , , ': ' •-•>- 're -,),' lk, N, N , . 40 45.-..., # . 40; -.......„ NN -,..... \\,.: ,,, „,,ki. . ,, N. ,,./...\,..y...,,,,,,,, \ \s/..-.,..,\ /-.„,, --,,..,\ ---:"N„.... 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A ' — • r Allr.\"V,,',,,,; '.• , ,---',', , I in = 'S iii° [ 6•41 a." ,. ev ci Z• ;0 4 mit via, *Ectikto lip i 7,,,„' 4r;';, . , 7;,: '' '''. 6 1" X 1 Z I I!I; ANIL UallYilr ''...iloc(// ,' ' •1 I., .' '. 2 • g " ir cu 41:e (.) 41F1 ir; 'j 1 1116 g 4,- ,w- , '-• Ira . 7 .'° I' %I t 6 - eg = u id. I; fit ii • - iuti tWgi i a 0 : .! .,, 0' ! IP 7" LU U-1 lb = iNg'• *01' '"''' .-_ _.--- '''."...-'''. -- --)i--5 1: 1: ; 44 id. c0 u)(•.1 0 i , 0 0 iii 's rr 1 0 lil 1 '' S 9t i S LP 1 S et 1 S fit 1 1 S OS 1 S IS 1 S t9 1 SCSI Page 6' of...X. e;:F ORDINANCE NO. 15- 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 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS THE VINCENTIAN VILLAGE MPUD,TO ALLOW CONSTRUCTION OF A MAXIMUM OF 224 MULTIFAMILY RESIDENTIAL DWELLING UNITS, UP TO 250,000 GROSS SQUARE FEET OF COMMERCIAL LAND USES, A HOTEL LIMITED TO 150 ROOMS, AND AN ASSISTED LIVING FACILITY (ALF) AT 0.6 FAR. THE COMMERCIAL USES ARE SUBJECT TO CONVERSIONS AND LIMITATIONS IF THE PROJECT IS DEVELOPED AS MIXED USE OR IF A HOTEL OR ALF IS CONSTRUCTED. THE SUBJECT PROPERTY IS LOCATED AT THE SOUTHEAST CORNER OF SOUTHWEST BOULEVARD AND U.S. 41 IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 30.68+/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-37, THE VINCENTIAN PUD; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZ-PL20130001726] WHEREAS, Robert J. Mulhere of Hole Montes, Inc., representing Global Properties of Naples, LLC, 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 at the southeast corner of the intersection of Southwest Boulevard and Tamiami Trail East (U.S. 41) in Section 32, Township 50 South, Range 26 East, Collier County, Florida, is changed from a Planned Unit Development (PUD) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for a 30.68+/- acre project to be known as the Vincentian Village MPUD, to allow construction of a maximum of 224 multifamily residential dwelling units, up to 250,000 gross square feet of commercial land uses, a hotel limited to 150 rooms, and an assisted living facility (ALF) at 0.6 FAR, in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps as described in [14-CPS-01292/1163871/1)73 Vincentian MPUD/PUDZ-PL20130001726 Page I of 2 Rev.3/25/15 9 E Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 99-37, known as the Vincentian Planned Unit Development, adopted on May 25, 1999 by the Board of County Commissioners of Collier County, Florida, 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 ,2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TIM NANCE,Chairman Approved as to form and legality: 3116/is Scott A. Stone Assistant County Attorney Attachments: Exhibit A-Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit C-1 —ROW Section Exhibit D - Legal Description Exhibit E- Requested Deviations from LDC Exhibit F - Developer Commitments [14-CPS-01292/1163871/1]73 Vincentian MPUD/PUDZ-PL20130001726 Page 2 of 2 Rev.3/25/15 CV) 98 EXHIBIT A VINCENTIAN VILLAGE MPUD LIST OF PERMITTED USES PERMITTED USES: The PUD may be developed entirely as residential, entirely as commercial, or a mixture of residential and commercial uses. No building or structure, or part thereof, shall be erected, altered, or used, or land used, in whole or in part, within the Vincentian Village MPUD, for other than the following: TRACT MU—MIXED-USE DEVELOPMENT I. Principal Uses A. Multifamily and Townhome residential uses, up to 224 dwelling units. In order to comply with Policy 1.10 of the Housing Element of the Growth Management Plan, residential development shall be limited to market-rate units so as to avoid the concentration of affordable housing in one location in the County. B. Commercial Uses, subject to conversions in Exhibit B, Section Ill: Up to 250,000 square feet of gross floor area if the PUD is developed without residential dwelling units. If the PUD is developed with residential and commercial uses, the commercial uses shall not exceed 10 acres in size and 128,000 square feet of gross floor area. No single use shall exceed 65,000 square feet of gross floor area(GFA),with the exception of a group care facility, physical fitness facility, hotel, or department store, unless the single use is approved by the conditional use process outlined in the LDC. Commercial uses are further limited in this Section, I.B. 1. Accounting, auditing, and bookeeping(8721). 2. Advertising agencies(7311). 3. Amusement and recreation services, (7911, 7922, community theater only), (7933, 7991, 7999 - miniature golf course, bicycle and moped rental, and yoga only). A recreational site for the use of the adjacent RV or mobile home parks may be developed on a maximum of three (3)acres of the PUD. 4. Apparel and accessory stores(5611-5699). 5. Architectural services (8712). 6. Auto and home supply stores(5531). 7. Automotive services (7549) except that this shall not be construed to permit the activity of"wrecker service (towing) automobiles, road and towing service." No outdoor paging or amplified sound systems shall be used. 8. Banks,credit unions and trusts(6011-6099). 9. Barber shops (7241, except for barber schools). 10. Beauty shops (7231,except for beauty schools). 11. Business consulting services(8748). 12. Business credit institutions (6153-6159). Page 1 of 16 H\201312013043\WP\PUDA\Post CCPC\Vmcentan PUDA PL-20130001726(3-23-2015)docx rA t 1 9B 13. Business services-miscellaneous (7311, 7322-7338, 7371-7379, 7384, 7389, except for except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories- telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, product sterilization, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, textile designers, textile folding, tobacco sheeting, window trimming, and yacht brokers). 14. Child day care services (8351). 15. Civic, social, and fraternal associations(8641). 16. Computer and computer software stores(5734). 17. Department stores (5311). Accessory fuel pumps for membership warehouse facilities subject to Section II,Accessory Uses, B.iv. 18. Drug stores(5912). 19. Eating and drinking places (5812 and 5813, excluding bottle clubs). All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 5.05.01. 20. Educational plants and services(8211, 8221-8222). 21. Essential services, subject to section 2.01.03 22. Food stores (groups 5411-5499). Accessory fuel pumps subject to Section II, Accessory Uses, B.iv. 23. Garment pressing,and agents for laundries and drycleaners(7212). 24. General merchandise stores (5331-5399). Accessory fuel pumps for membership warehouse facilities subject to Section II,Accessory Uses,B.iv. 25. Glass, Paint, and Wallpaper stores (5231). 26. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 429 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651; as defined in the LDC and all subject to section 5.05.04. of the LDC (hereinafter collectively or singularly referred to as "Assisted Living Facility"). 27. Hardware stores(5251). 28. Health services, offices and clinics(8011-8049, 8072, 8092, and 8099). 29. Home furniture and furnishings stores(5712-5719). 30. Home health care services (8082). 31. Hospitals(8062). 32. Hotels(7011,hotel only), limited to 150 rooms. 33. Household appliance stores(5722). 34. Insurance carriers, agents and brokers (6311-6399, 6411). 35. Landscape architects,consulting and planning(0781). 36. Legal services(8111). Page 2 of 16 H\2013\2013043\WP\PUDA\Post CCPC\Vmcentian PUDA PL-20130001726(3-23-2015)docx 1,�� B 37. Management services(8741, 8742). 38. Medical equipment rental and leasing(7352). 39. Membership organizations, miscellaneous (8611, 8699 - excluding Humane society, animal). 40. Mortgage bankers and loan correspondents(6162). 41. Motion picture theaters (7832- except drive-in). 42. Museums and art galleries(8412). 43. Musical instrument stores(5736). 44. Nursing and personal care facilities(8051). 45. Photographic studios,portrait(7221). 46. Public administration (groups 9111-9199, 9229, 9311, 9411, 9451, 9511-9532, 9611-9661). 47. Public relations services (8743). 48. Radio,television and consumer electronics stores(5731). 49. Radio,television and publishers advertising representatives(7313). 50. Real Estate (6512,6531-6552). 51. Record and prerecorded tape stores (5735), excluding adult-oriented sales and rentals. 52. Religious organizations (8661)with 10,000 square feet or more of gross floor area in the principal structure. 53. Repair services, miscellaneous (7629-7631, 7699 - bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 54. Retail nurseries, lawn and garden supply stores (5261). 55. Retail services - miscellaneous (5921, 5941-5963 except pawnshops, 5992-5999 except auction rooms, awning shops, fireworks- retail, gravestones, hot tubs, monuments, swimming pools,tombstones and whirlpool baths). 56. Security and commodity brokers,dealer,exchanges and services(6211-6289). 57. Shoe repair shops and shoeshine parlors(7251). 58. Social services, individual and family (limited to 8322 activity centers for elderly or handicapped only; day care centers for adult and handicapped only). 59. Surveying services(8713). 60. Tax return preparation services(7291). 61. Travel agencies(4724, no other transportation services). 62. United State Postal Service(4311, except major distribution center). 63. Veterinary services(0742,excluding outside kenneling). 64. Any other principal use which is comparable in nature with the forgoing list of permitted principal uses, as determined by the Board of Zoning Appeals or the Hearing Examiner by the process outlined in the LDC. II. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures permitted by right in this MPUD, including, but not limited to: A. Residential Accessory Uses: Page 3 of 16 H12013\2013043 WP\PUDA1Post CCPC\Vincentian PUDA PL-20130001726(3-23.2015)docx Py.� 9171.MMIMI in 1. Recreational uses and facilities that serve the residents of the PUD, such as swimming pools, tennis courts, bocce ball, volleyball courts, walking paths, picnic areas, dog parks, playgrounds, fitness centers, and recreation/amenity buildings. 2. Customary accessory uses and structures to residential units, including carports, garages, and utility buildings. 3. Temporary sales trailers and model units. 4. Entry gate and gatehouse. B. Commercial Accessory Uses: 1. Outside storage or display of merchandise when specifically permitted by the LDC for a use, subject to LDC Section 4.02.12. 2. One caretakers residence, subject to LDC Section 5.03.05. 3. Temporary display of merchandise during business hours provided it does not adversely affect pedestrian or vehicular traffic or public health or safety as determined by the County. Merchandise storage and display is prohibited within any front yard but allowed within the side and rear yards of lots. 4. Fuel pumps accessory to a grocery store or membership warehouse type facility, greater than 15,000 square feet of gross floor area, no closer than 300 feet to a residential use. 5. Fast food restaurants(with drive-through facilities), limited to two (2)restaurants. This limitation does not apply to coffees shops with on-site brewing. III. Conditional Uses The following use is permissible as a conditional use, subject to the standards and procedures established in section 10.08.00. 1. Automotive vehicle dealers(5511), limited to new automobile dealers only. TRACT L—LAKE& WATER MANAGEMENT FACILITIES: 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. Storm water management treatment, conveyance facilities, and structures, such as berms,swales,and outfall structures. 2. Passive recreational facilities in support of residential and/or commercial uses or for use by the adjacent Hitching Post Mobile Home Park, including but not limited to boardwalks, trails, pervious pathways, picnic areas, and recreational shelters. Should such passive recreational facilities be developed, this shall not affect the maximum intensity or density permitted in this PUD. Page 4 of 16 H'12013\2013043\WP\PUDA\Post CCPC\Vincentian PUDA PL-20I30001726(3-23-2015)docx 9 Any other principal use which is comparable in nature with the forgoing list of permitted principal uses, as determined by the Board of Zoning Appeals or the Hearing Examiner by the process outlined in the LDC. TRACT P—PRESERVE: PERMITTED USES: No building or structure, or part thereof, shall be erected, altered, or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Preservation of native habitat. B. Accessory Uses, allowed if additional acreage, above the minimum required, is provided in Tract P: 1. Storm water management structures. 2. Pervious and impervious pathways and boardwalks, consistent with LDC Section 3.05.07 H.1.h.i. 3. Shelters without walls. 4. Educational signage and bulletin boards located on or immediately adjacent to the pathway. 5. Benches for seating. 6. Viewing platforms. 7. Any other use which is comparable in nature with the forgoing list of permitted accessory uses, as determined by the Hearing Examiner by the process outlined in the LDC. DEVELOPMENT INTENSITY STANDARDS: Intensity of uses under any development scenario is limited to the two-way, unadjusted average weekday, pm peak hour trip entering/exiting generation of 1,107 total trips utilized in the TIS dated 10/18/13 (gross trips), allowing for flexibility in the proposed uses without creating unforeseen impacts on the adjacent roadway network. Page 5 of 16 H\2013\2013043\WP\PUDA\Post CCPC\Vincentian PUDA PL-20130001726(3-23-2015)docx A 96 EXHIBIT B VINCENTIAN VILLAGE MPUD DEVELOPMENT STANDARDS The table below sets forth the development standards for residential and commercial land uses within Tract MU of the Vincentian Village MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. I. RESIDENTIAL & COMMERCIAL DEVELOPMENT STANDARDS CLUBHOUSE/ RECREATION MULTI-FAMILY TOWNHOUSE t BUILDINGS COMMERCIAL PRINCIPAL STRUCTURES MIN.LOT AREA 3,000 S.F.PER UNIT 1,800 S.F.PER UNIT N/A 10,000 S.F. MIN.LOT WIDTH 90 FEET 21 FEET N/A 100 FEET MIN.FLOOR AREA 1.250 S.F./D.U. 1,250 S.F./D.U. N/A 700 S.F.' MINIMUM YARDS(External—measured from the PUD boundary)3 From Tamiami Trail and SW 50 FEET 50 FEET 50 FEET(Tamiami 50 FEET Blvd. Trail) 25 FEET(Southwest Blvd.) From adjacent RSF-4 zoned 75 FEET 75 FEET 75 FEET 75 FEET property From adjacent MH zoned 75 FEET 75 FEET 25 FEET 75 FEET property From adjacent C-3 zoned 25 FEET 25 FEET 25 FEET 25 FEET property MINIMUM YARDS(Internal—measured from internal lot lines) Min.Front Yard 20 FEET' 20 FEET 4 20 FEET 10 FEET Min.Side Yard 15 FEET _0 or 10 FEET 15 FEET 10 FEET Min.Rear Yard 15 FEET 15 FEET 15 FEET 10 FEET Min.Preserve Setback 25 FEET 25 FEET 25 FEET 25 FEET Min.Lake Setback➢ 20 FEET 20 FEET 20 FEET 20 FEET MIN.DISTANCE BETWEEN 15 FT or%sum of 10 FT or V2 BH, 10 FEET 20 FT or Y2 sum of STRUCTURES BH,whichever is whichever is greater BH,whichever is greater greater MAX.BUILDING HEIGHT 35 FEET 35 FEET 35 FEET 45 FEET NOT TO EXCEED(ZONED) MAX.BUILDING HEIGHT 42 FEET 6 42 FEET A 42 FEET 52 FEET' NOT TO EXCEED(ACTUAL) MAX.FAR N/A N/A N/A 0.6" MAX.GROSS FLOOR AREA N/A N/A ] N/A 250,000 SF 9 —^ ACCESSORY STRUCTURES FRONT SPS SPS SPS SPS SIDE IO FEET 10 FEET 10 FEET 5 FEET REAR_ 10 FEET 10 FEET 10 FEET 5 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET MIN.LAKE SETBACK 1° 5 FEET 5 FEET 5 FEET 5 FEET MAX.BUILDING HEIGHT SPS SPS SPS SPS NOT TO EXCEED(ZONED) MAX.BUILDING HEIGHT SPS SPS SPS SPS NOT TO EXCEED(ACTUAL) I. Defined as a group of three or more units.Limited to fee-simple lots under individual ownership. 2. Per principal structure,on the finished first floor;not applicable to Kiosks. 3. Dumpsters and dumpster enclosures shall not encroach into the stated perimeter PUD setbacks. Page 6 of 16 H\201312013043\WP\PUDA\Post CCPC\Vincentian PUDA PL-201 30001726(3-23-2015)docx B 4. Front yards shall be measured as follows: — If the parcel is served by a public right-of-way,setback is measured from the adjacent right-of-way line. — If the parcel is served by a private road,setback is measured from the back of curb(if curbed)or edge of pavement(if not curbed). — If the parcel has frontage on two streets, the frontage providing vehicular access to the unit shall be considered the front yard.The other frontage shall be considered a side yard. — In no case shall the setback be less than 23 feet from the edge of an adjacent sidewalk,except in the case of side-loaded garages,designed such that a vehicle can be parked in the driveway in such a manner so as not to conflict with,or encroached upon,the adjacent sidewalk. 5. As measured from the Control Elevation. 6. Not to exceed two stories. 7. Commercial buildings located within 500 feet of US 41 may be developed at a building height of 50 feet zoned and 57 feet actual. 8. Applies to the following use:Assisted Living Facilities. 9. Subject to Land Use Conversion Factors,Exhibit B,Section III. 10. Zero feet if a 20'Lake Maintenance Easement is provided in a separate tract at time of platting. H. Design Standards A. Architectural Theme. i. All buildings, signage, landscaping, and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials throughout all of the buildings,signs, and fences/walls to be erected on the subject parcel. ii. Landscaping and streetscape materials shall also be similar in design throughout the subject site. An architectural plan shall be submitted concurrent with the first application for the Site Development Plan approval demonstrating compliance with these standards. B. Residential Amenities. The following amenities shall be provided in association with any residential development (other than a caretaker's residence), no later than issuance of the certificate of occupancy for the 92nd dwelling unit: i. Resort-style swimming pool. ii. Clubhouse. iii. Fitness center. iv. Dog park. v. Children's playground area/tot lot. vi. Tennis court or bocce ball court. vii. Gated entry. viii. On-site property management if developed as a rental community. ix. Fence, wall or hedge along adjacent public right-of-way (i.e. Tamiami Trail and/or Southwest Boulevard, as applicable). When planting a hedge, it shall include decorative columns minimum of 24" x 48", spaced no more than 30 feet on center, and a hedge a minimum of 30 inches in height at time of planting, that achieves 80 percent opacity and a minimum 4 feet in height within one year of planting. Page 7 of 16 H.\20I3\20I3043\WP\PUDA\Post CCPC\Vincentian PUDA PL-20130001726(3-23-2015)docx 913 C. Residential Construction. For residential development,the following shall be required: i. Concrete Masonry Unit construction and stucco, or approved equivalent. ii. Cement or slate tile roof or approved equivalent. iii. Minimum 9-foot ceiling heights within first-floor of units. iv. Concrete pavers at entrance/exit. III. Land Use Conversion Factors: A. Commercial Only Development: Commercial uses shall be limited to a maximum of 250,000 square feet of gross floor area (GFA), one hotel (maximum of 150 rooms), and an assisted living facility (maximum FAR 0.6). Additionally, for every acre, or portion thereof, of hotel or Assisted Living Facility, the maximum allowable commercial GFA shall be reduced by 10,000 square feet or portion thereof for fractional amount under an acre. B. Mixed Use (Residential and Commercial)Development: The commercial portion of the project shall not exceed 10 acres in size and a maximum of 128,000 square feet of GFA of commercial uses, a 150-room hotel, and an Assisted Living Facility at a 0.6 FAR. Additionally, for every acre, or portion thereof, of hotel or Assisted Living Facility, the maximum allowable commercial GFA shall be reduced by 10,000 square feet or portion thereof for fractional amount under an acre. Residential density shall be limited to a maximum density of 7.3 units per acre, calculated on the gross acreage of the property, exclusive of any commercial portions, for a maximum of 224 multi-family and/or townhouse dwelling units. Page 8 of 16 H:\2013\20I3043\WP\PUDA\Post CCPC\Vincentian PUDA PL-20I30001726(3-23-2015)docx (A. �) 9 E 1 Native Vegetation and Own Space \1 C-5 ZONING Existing Native Vegetation. 29.77Ac. Min On-site Native Preservation Req'd GAS WHISTLER'S 29.77:16%■4.46 Ac. STATION 20'TYPE"D" Min Open Space Req'd(Comm.orMixed-Uw)1 LANDSCAPE COVE-PUD 130.68x30% •920Ac tan Open Space Required(Residential Only) Pti� , • ".\:\." , •• BUFFER \ 30.68 s 80% .18.41 Ac siP' • s NO Y' 20'TYPE"D" 9 TRAIL ACRES LANDSCAPE �' j RSF 4 ZONING � p`� �, BUFFER °o, s9'�� lip J'. �Op//' \_`, • ,C \®�°° p i ( �/ TRACT "MU" �,, MIXED USE ' \\• EXISTING 15'tit. LANDSCAPE BUFFER l PER LDC REQUIREMENTS ,,,� ;'• • DEVIATION#2 EXISTING 15'u.E.-_;, a a� ", WALL LOCATION POTENTIAL FUTURE ° i N � BIKEIPED x - U AR`,I, `\ INTERCONNECTION „ �� Z. C'.� so �� 15'TYPE"B" ti `\ \ LANDSCAPE ,� = dr '' 2,BUFFER 15'TYPE"B" �', �- W �(, LANDSCAPE r; O 2 \., k°=, �' BUFFER 1. ! = Y • .\ -_ fig • a � Ql \, TRACT "P" ,, = a; \ PRESERVE ,/ TRACT • Land Use Summary EXISTING 16'U. LAKE , nr Oesiption Acreage Percent Mixed-Use(Tract M(1) 22.06 71.9% i ' w t ke(Tract L) 4.17 19.8% • EXISTING 1 S'U.E. Preserve(Tract P) 4.46 14.6% ____„... f TOTAL 30,88 100.0% EXISTINt318'U.E.-.. MAXIMUM DWELLING UNITS:224 TRAIL ACES RSF-420NfN(i'_~ MAXIMUM GROSS FLOOR AREA:260,000 SF,SUBJECT TO LAND USE CONVERSION FACTORS,SEE EXHIBIT B,SECTION III, • IHMI 950 Encore VINCENTIAN VILLAGE MPUD � o,�m,. Naples.Fl a VVay 110 Phsne:1219in4•2o MASTER PLAN .I ' Mk " 01014 4 FbrWa CstlMcate o' .. .N.'h'lip ''''' 14 SKIMANIalittherli Authorization Nc1772 EXHIBIT C ,. 1 Page 9 of 16 H 120I31.20130431WPWPUDA\Post CCPC1Vincentian PUDA PL-20130001726(3-23-2015)docx t� All 9 B ._ d a ~ I i I 61 d I g ?; G` 3 :t 4 vor G� OW _ KJ In § i P*- It.';'. Z Z o a Q 1= L__ S,. n o Z W a W N m tn O 5 0x VW �i w I C J W b C . g 3 o 3— y a In t // W "r40 J I `I/`/ W ,` W i�� N a / W N r *68 n b •'° CO 3Yo col a W O � Q S cc tz % NI 1 I z3If > "s, = W ce 141' . E Z ini --- i I: n a Ii /@, r-1 N W � W " AM a i S If o aa M II 1 Page 10 of 16 H-120I3\20I30431WP\PUDA\Post CCPC1Vincentian PUDA PL-20130001726(3-23-2015)docx =1 9 B EXHIBIT D VINCENTIAN VILLAGE MPUD LEGAL DESCRIPTION A parcel of land located in Section 32, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND RUN SOUTH 02°48'46" WEST ALONG THE EAST LINE OF SAID SECTION 32, A DISTANCE OF 1718.03 FEET TO AN INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41 (TAMIAMI TRAIL) AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 02°48'46" WEST ALONG SAID EAST LINE OF SECTION 32, A DISTANCE OF 884.02 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 32 AND THE NORTH LINE OF LOTS FORMERLY IN TRAIL ACRES UNIT 3 AS RECORDED IN PLAT BOOK 3, PAGE 94 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (VACATED BY INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 189, PAGE 792); THENCE RUN NORTH 87°30'18" WEST ALONG SAID FORMER NORTH LINE OF TRAIL ACRES UNIT 3 AND THE NORTH LINE OF TRAIL ACRES UNIT 4 AS RECORDED IN PLAT BOOK 7, PAGE 103 OF SAID PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, A DISTANCE OF 695.96 FEET; THENCE RUN NORTH 39°04'37" WEST ALONG SAID NORTH LINE OF TRAIL ACRES UNIT 4 AND THE NORTH LINE OF SAID TRAIL ACRES UNIT 3, A DISTANCE OF 1081.98 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SOUTHWEST BOULEVARD; THENCE RUN NORTH 50°56'59" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1007.85 FEET TO AN INTERSECTION WITH SAID SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41 (TAMIAMI TRAIL); THENCE RUN SOUTH 39°03'26" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 77.05 FEET TO THE POINT OF CURVATURE OF A CURVE BEING CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 3210.55 FEET, A CENTRAL ANGLE OF 14°34'44" AND A CHORD BEARING AND DISTANCE OF SOUTH 46°20'49" EAST, 814.73 FEET, RESPECTIVELY; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE AND THE SOUTHERLY RIGHT-OF-WAY LINE, AN ARC DISTANCE OF 816.93 FEET TO THE SAID POINT OF BEGINNING. Subject to easements, reservations or restrictions of record. Page 1 I of 16 H.\2013\2013043\WP\PUDA\Post CCPC\Vincentian PUDA PL-20130001726(3-23-2015)docx 98 EXHIBIT E VINCENTIAN VILLAGE MPUD LIST OF REQUESTED DEVIATIONS FROM LDC Deviation l: From LDC Section 6.06.01.N, requiring a minimum right-of-way width of 60 feet for local street rights-of-way, to allow for a minimum 42 foot right-of-way internal to the proposed development. Deviation 2: From LDC Section 5.03.02.H Wall requirement between residential and nonresidential development, which requires, wherever a nonresidential development lies contiguous to a residentially zoned district, that a masonry wall, concrete or pre-fabricated concrete wall and/or fence be constructed on the nonresidential property, no less than 6 feet from the residentially zoned district, to allow the wall to be located more than 6 feet from the residentially zoned district,as generally depicted on Exhibit C, Master Plan. Deviation 3: From LDC Section 5.05.04.D.1 Group Housing, which establishes a maximum floor area ratio of 0.45 for care units, assisted living units, continuing care retirement communities, nursing homes, and dwelling units that are part of an aging-in-place living environment, to allow a maximum floor area ratio of 0.6 for an Assisted Living Facility. Page 12 of 16 H:\2013\2013043\WP\PUDA\Post CCPC\Vincentian PUDA PL-20130001726(3-23-2015)docx 9 B , EXHIBIT F VINCENTIAN VILLAGE MPUD LIST OF DEVELOPER COMMITMENTS I. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out ot'the PUD,and this entity shall also be responsible for satisfying all PUD commitments until close-out of the MPUD. At the time of this PUD approval, the Managing Entity is Global Properties of Naples, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document, 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 MPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity will not be relieved of its responsibility under this Section. When the MPUD is closed out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. IL ENVIRONMENTAL The site contains approximately 29.77 acres of native vegetation, of which approximately 37 percent (11.12 acres) is covered with more than 75 percent exotic vegetation. For a commercial or industrial project within the Coastal High Hazard Area, 15 percent of existing native vegetation must be retained (15% of 29.77 acres = 4.46 acres). l'he preserve as depicted on the Master Plan contains 4.46 acres. For a residential or mixed- use project within the Coastal High Hazard Area, the minimum required is 25 percent, or 7.44 acres (25% of 29.77 acres). Therefore, at time of site development, the developer will either: A. Preserve all required native vegetation on-site (25% for residential only or mixed use, 15%for commercial only development),or B. Preserve a minimum of 15% of native vegetation on-site and mitigate for up to 2.98 acres (7.44 acres — 4.46 acres) of the on-site native vegetation preservation retention requirement off-site, either by monetary payment or by land donation, consistent with the provisions of the Vincentian Subdistrict of the Future Land Use Element of the Growth Management Plan and Section 3.05.07 H.1.f of the Land Development Code. PH:\20I3\20I30431WP\PUDA\Post CCPOVincentian PUDA P -01300017026(3-23-2015)docx 9B III. TRANSPORTATION A. Intensity of uses under any development scenario for the PUD is limited to the two-way, unadjusted, average weekday, pm peak hour trip entering/exiting generation of 1,107 total trips utilized in the TIS dated 10/18/13(gross trips). B. Owner, its successor or assigns, shall convey a road right-of-way easement to Collier County, free and clear of all liens and encumbrances, for the widening of Southwest Boulevard for the purpose of constructing turn-lane improvements to service the Subject Property if turn lane improvements are required as a result of the development. The easement shall be at no cost to Collier County and shall be for the same width and length as the turn-lane improvements being constructed to service the Subject Property. Any required turn-lane improvements at the intersection of Southwest Boulevard and Tamiami Trail East shall be exempt from the compensating ROW provision. Developer shall have the option, so long as the improvements meet Collier County standards and subject to County approval, to construct and relocate the existing County stormwater and utility improvements on the East side of SW boulevard onto the subject property in lieu of any compensating ROW easement. Drainage and utility easements to accommodate these improvements will be conveyed by Owner to the County, at no cost to the County, free of any encumbrances or liens. The utilities and stormwater to be relocated shall only be in the area where the required turn lane improvements servicing the site are to be constructed. C. The owner and developer are responsible for actual construction costs associated with intersection improvements at Southwest Blvd. and U.S. 41 necessitated as a result of impacts from this development and proportionate share for signal upgrades. The owner and developer of Vincentian PUD are only responsible for modifications and intersection upgrades needed as a result of this development, which will not include any cost reimbursement for the traffic signal at Southwest Blvd. and US 41. IV. UTILITIES County water and sewer service is available via transmission mains located along US 41, Southwest Blvd and the eastern boundary of the subject property. The owner and developer are responsible for providing necessary connections to supply the site with County water and sewer service. V. PLANNING A. If the PUD is developed with residential uses only, the project will provide a minimum of 60 percent open space. Otherwise, the minimum open space shall be 30 percent. Page 14 of 16 H.\20I3\2013043\WP\PUDA\Post CCPC\Vincentian PUDA PL-20130001726(3-23-2015)docx 9 B B. The developer of any group housing or retirement community, its successors or assigns, shall provide the following services and be subject to the following operational standards for the units in the retirement community, including, but not limited to, independent living units, assisted living units,or skilled nursing units: Operational Characteristics for Senior Housing Senior housing may be composed of one or more types of care/housing facilities. These care/housing types are limited to independent living, assisted living, and skilled nursing units, each of which can have varying operational characteristics. The following characteristics of senior housing care units distinguish them from residential land uses, and all of the characteristics must be provided for and maintained to be considered a senior housing care unit: • The facility shall be for residents 55 years of age and older; • There shall be on-site dining facilities to the residents, with food service being on-site,or catered; • Group transportation services shall be provided for the residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents needs, including but not limited to medical office visits; • There shall be an onsite manager/activities coordinator to assist residents who shall be responsible for planning and coordinating stimulatingactivities for the residents; • An on-site wellness facility shall provide exercise and general fitness opportunities for the residents; • Each unit shall be equipped with devices provided to notify emergency service providers in the event of a medical or other emergency; • Independent living units shall be designed so that a resident is able to age in place. For example, kitchens may be easily retrofitted by lowering the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted by adding grab bars. C. Landscape buffer easements (LBEs) are shown on the Master Plan within utility easements. At time of SDP, letters of no objection from all utility holders shall be obtained by owner or developer. If such approvals cannot be obtained, LBEs shall be relocated outside of utility easements. D. Tract P, Preserve, where it is dense enough to provide equivalent buffering per the LDC, may count towards minimum buffering requirements. The minimum width of Tract P, or Tract P and the stormwater management lake (Tract L) in combination, as depicted on the Master Plan, shall be a minimum of 65 feet in width. E. A 15' Type B Landscape Buffer is required if residential development occurs on the subject site adjacent to the Hitching Post Plaza property. Page 15 H\2013\20I3043\WP\PUDA\Post CCPCIVincentian PUDA P1:20130001726 0 (3-23-2015)docx 9B F. The stormwater lake depicted on the Master Plan (Tract L) shall be a minimum of 120 feet in width measured from the PUD boundary and inclusive of the perimeter landscape buffer easement and lake maintenance easement. G. The Master Plan is conceptual in nature and is subject to modifications at time of Plans and Plat (PPL) or Site Development Plan (SDP) approval due to agency permitting requirements. H. For commercial uses, amplified sound shall not be permitted within 125 feet of the PUD perimeter boundary adjacent to RSF-4 or MH—Mobile Home zoning. In order to further buffer existing and potential new adjacent residential development from noise associated with amplified sound and outdoor dining areas, such areas shall be separated from existing and potential new adjacent residential development by the principal commercial structure and shall not break the side plane of the building. Amplified sound of any type shall be limited to the hours of 7:00 AM to 11:00 PM. These restrictions do not apply to drive-through ordering devices. Any deviation from this standard shall be approved by the conditional use process outlined in the LDC. 1. If developed as mixed-use or commercial, at time of the first Site Development Plan, the developer shall provide, to the maximum extent feasible, internal connectivity through shared parking and cross-access agreements. VI. EMERGENCY MANAGEMENT If more than 92 dwelling units are constructed, the developer shall provide, prior to issuance of a certificate of occupancy for the 93'4 dwelling unit, a new, quiet-running, extended run-time towable 45kw (minimum-kw) generator per Emergency Management's specifications. The towable generator will be a one-time developer contribution based on the number of units permitted at time of SDP to meet the hurricane mitigation impact for evacuation concerns. The generator specifications must be pre- approved by the Department of Emergency Management as the County has certain inter- operable standards and required safety options. Page 16 of 16 H\2013\2013043\WP\PUDA\Post CCPC\Vincentian PUDA PL-20130001726(3-23-2015)docx ( �; 1 98 Teresa L. Cannon From: Minutes and Records To: Kendall, Marcia Subject: RE: PL20130001767/CP-2013-10 Vincentian GMP Amendment&Companion PUDZ- PL2013001726 BCC Advertisement Request I will send the proof as soon as I get it. Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Kendall, Marcia Sent: Wednesday, April 01, 2015 7:12 AM To: Minutes and Records Cc: Bosi, Michael; Brock, MaryJo; Lang, Ashley; Neet, Virginia; Patricia L. Morgan; Rodriguez, Wanda; Weeks, David; Gundlach, Nancy; Bellows, Ray Subject: PL20130001767/CP-2013-10 Vincentian GMP Amendment&Companion PUDZ-PL2013001726 BCC Advertisement Request Please process the attached and acknowledge receipt at your earliest convenience. Thank you! Cordially, Marcia Marcia R. Kendall,Senior Planner Growth Management Department Zoning Division Comprehensive Planning Section 2800 N. Horseshoe Drive Naples, FL 34104 Phone: (239) 252-2387 EFax: (239) 252-6675 MarciaKendall@colliergov.net Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 B Acct. #068778 April 1, 2015 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: CP-2013-10/PL20130001767 Vincentian GMPA (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice w/Map on Friday, April 8, 2015. Please send the Affidavit of Publication in Triplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500153764 96 NOTICE OF MEETING NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on Tuesday, April 28, 2015 in the Board of County Commissioners Chamber, Third Floor, Collier County Government Center, 3299 E. Tamiami Trail, Naples, FL. The purpose of the hearing is to consider: AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY ESTABLISHING THE VINCENTIAN MIXED USE SUBDISTRICT IN THE URBAN MIXED USE DISTRICT TO ALLOW A RESIDENTIAL ONLY, COMMERCIAL ONLY OR MIXED USE PROJECT AT THE FOLLOWING DENSITY/INTENSITY: UP TO 7.3 RESIDENTIAL DWELLING UNITS PER ACRE FOR A MAXIMUM OF 224 RESIDENTIAL DWELLING UNITS, UP TO 250,000 SQUARE FEET OF COMMERCIAL USES, A 150 ROOM HOTEL, AND AN ASSISTED LIVING FACILITY AT A FLOOR AREA RATIO OF 0.6. THE COMMERCIAL USES ALLOWED BY RIGHT ARE ALL PERMITTED USES AND CONDITIONAL USES IN THE C-3 COMMERCIAL INTERMEDIATE ZONING DISTRICT, AND THREE PERMITTED USES AND ONE CONDITIONAL USE IN THE C-4 COMMERCIAL GENERAL ZONING DISTRICT IN THE COLLIER COUNTY LAND DEVELOPMENT CODE, WITH CONVERSIONS AND LIMITATIONS IF PROJECT IS DEVELOPED AS MIXED USE DEVELOPMENT; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS LOCATED AT THE CORNER OF SOUTHWEST BOULEVARD AND U.S. 41 (TAMIAMI TRAIL EAST) IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 30.68±ACRES, [PL20130001767/CP-2013-101 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 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS THE VINCENTIAN VILLAGE MPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 224 MULTIFAMILY RESIDENTIAL DWELLING UNITS, UP 1 4 B TO 250,000 GROSS SQUARE FEET OF COMMERCIAL LAND USES, A HOTEL LIMITED TO 150 ROOMS, AND AN ASSISTED LIVING FACILITY (ALF) AT 0.6 FAR. THE COMMERCIAL USES ARE SUBJECT TO CONVERSIONS AND LIMITATIONS IF THE PROJECT IS DEVELOPED AS MIXED USE OR IF A HOTEL OR ALF IS CONSTRUCTED. THE SUBJECT PROPERTY IS LOCATED AT THE SOUTHEAST CORNER OF SOUTHWEST BOULEVARD AND U.S. 41 IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 30.68+/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-37, THE VINCENTIAN PUD; AND BY PROVIDING AN EFFECTIVE DATE. IPUDZ- PL201300017261 INSERT MAP All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCES will be made available for inspection at the Zoning Division, Comprehensive Planning Section, 2800 N. Horseshoe Dr., Naples, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore the materials will be made available for inspection at the Collier County Clerk's Office, fourth floor, Collier County Government Center, 3299 East Tamiami Trail, Suite #401 Naples, one week prior to the scheduled hearing. Any questions pertaining to the documents should be directed to the Zoning Division, Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Tuesday, April 28, 2015, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite #101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon Deputy Clerk (SEAL) 2 9 8 28 .`fid f5j 3 y,ai 1 J '^ �¢X .�c�l z i Qs \I Y CC A V m N Fi� 4 PA coO 13 0 33 IF— O V~ Om i Z -4 € G + N V C.R.951 COLLIER BOULEVARD - r_A Co t'j of Collier CLERK OF THE C- RC IT COURT > COLLIER COUNTXcOUR OUSE i Y 3315 TAMIAMI TRL E STE 102 Dwight E. Brock- rk of dircuit Court P.O.BOX 413044 NAPLES,FL 34112-5324 NAPLES, FL 34101-3044 Clerk of Courts • Comptroller • Auditor ustydian of County Funds April 1, 2015 Rich Yovanovich Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite #300 Naples, FL 34103 Re: CP-2013-10/PL20130001767, Vincentian GMPA Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 28, 2015, as indicated on the enclosed notice. A legal display notice pertaining to this petition will be published in the Naples Daily News on Wednesday, April 8, 2015. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teresa Cannon, Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerkgcollierclerk.com Coity 9f Cojlier 9B CLERK OF THE CRC IT COURT COLLIER COUNTY/SOUR OUSE 3315 TAMIAMI TRL E STE 102 Dwight E. Brock-d{erk of circuit Court P.O.BOX 413044 NAPLES,FL 34112-5324 NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Auditor ustdian of County Funds I April 1, 2015 Robert Mulhere Hole, Montes & Associates 950 Encore Way Naples, FL 34110 Re: CP-2013-10/PL20130001767, Vincentian GMPA Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 28, 2015, as indicated on the enclosed notice. A legal display notice pertaining to this petition will be published in the Naples Daily News on Wednesday, April 8, 2015. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teresa Cannon, Deputy Clerk Enclosure Phone- (239)252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com Teresa L. Cannon 9B From: Teresa L. Cannon Sent: Wednesday, April 01, 2015 9:30 AM To: Naples Daily News Legals; carol.polidora@naplesnews.com Subject: CP-2013-10/PL20130001767 - Vincentian Attachments: CP-2013-10 - PL20130001767 (BCC).doc; CP-2013-10 - PL20130001767 (BCC).doc; CP-2013-10 - PL20130001767 (BCC).pdf Legals, Please advertise the attached Display Ad w/Map on Wednesday,April 8,2015.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 B Teresa L. Cannon From: Polidora, Carol <carol.polidora@naplesnews.com> Sent: Monday, April 06, 2015 10:07 AM To: Teresa L. Cannon Subject: #231121302 - BCC Comp Planning.Vincentian Proof for 040815 Attachments: NDN231121302.BCC Comp Planning.Vincentian.040815.pdf Importance: High Hi Teresa, Please provide approval ASAP for publication on 04.08.15. Thanks! Carol Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: cpolidoraa,NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Naples B PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF MEETING NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on Tuesday,April 28,2015 in the Board of County Commissioners Chamber, Third Floor, Collier County Government Center,3299 E.Tamiami Trail,Naples,FL. The purpose of the hearing is to consider: AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA,SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY ESTABLISHING THE VINCENTIAN MIXED USE SUBDISTRICT IN THE URBAN MIXED USE DISTRICT TO ALLOW A RESIDENTIAL ONLY, COMMERCIAL ONLY OR MIXED USE PROJECT AT THE FOLLOWING DENSITY/INTENSITY:UP TO 7.3 RESIDENTIAL DWELLING UNITS PER ACRE FOR A MAXIMUM OF 224 RESIDENTIAL DWELLING UNITS, UP TO 250,000 SQUARE FEET OF COMMERCIAL USES,A 150 ROOM HOTEL,AND AN ASSISTED LIVING FACILITY AT A FLOOR AREA RATIO OF 0.6. THE COMMERCIAL USES ALLOWED BY RIGHT ARE ALL PERMITTED USES AND CONDITIONAL USES IN THE C-3 COMMERCIAL INTERMEDIATE ZONING DISTRICT,AND THREE PERMITTED USES AND ONE CONDITIONAL USE IN THE C-4 COMMERCIAL GENERAL ZONING DISTRICT IN THE COLLIER COUNTY LAND DEVELOPMENT CODE, WITH CONVERSIONS AND LIMITATIONS IF PROJECT IS DEVELOPED AS MIXED USE DEVELOPMENT;AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY.THE SUBJECT PROPERTY IS LOCATED AT THE CORNER OF SOUTHWEST BOULEVARD AND U.S.41(TAMIAMI TRAIL EAST)IN SECTION 32,TOWNSHIP 50 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA CONSISTING OF 30.68±ACRES, (PL20130001767/CP-2013-10] 8 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 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT(PUD)ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS THE VINCENTIAN VILLAGE MPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 224 MULTIFAMILY RESIDENTIAL DWELLING UNITS,UP TO 250,000 GROSS SQUARE FEET OF COMMERCIAL LAND USES,A HOTEL LIMITED TO 150 ROOMS,AND AN ASSISTED LIVING FACILITY(ALF)AT 0.6 FAR. THE COMMERCIAL USES ARE SUBJECT TO CONVERSIONS AND LIMITATIONS IF THE PROJECT IS DEVELOPED AS MIXED USE OR IF A HOTEL OR ALF IS CONSTRUCTED.THE SUBJECT PROPERTY IS LOCATED AT THE SOUTHEAST CORNER OF SOUTHWEST BOULEVARD AND U.S. 41 IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 30.68+/- ACRES;PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-37,THE VINCENTIAN PUD;AND BY PROVIDING AN EFFECTIVE DATE. (PUDZ-PL201300017261 NAPLES MANOR LELA',•R T COMMUNITY 29 2827 a MICELI wTLE C woods WHISTLERS PROJECT -- gr, �Ers io LOCATION mIs AJI N 53 JA NN(5)TA AEN TWOR. ESTATES TORIAc All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCES will be made available for inspection at the Zoning Division,Comprehensive Planning Section,2800 N. Horseshoe Dr.,Naples, between the hours of 8:00 A.M.and 5:00 P.M., Monday through Friday. Furthermore the materials will be made available for inspection at the Collier County Clerk's Office,fourth floor,Collier County Government Center,3299 East Tamiami Trail,Suite#401 Naples,one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the Zoning Division,Comprehensive Planning Section.Written comments filed with the Clerk to the Board's Office prior to Tuesday,April 28,2015.will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he 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. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled.at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite #101, Naples, FL 34112-5356, (239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS-COLLIER COUNTY,FLORIDA TIM NANCE,CHAIRMAN DWIGHT E.BROCK,CLERK By:Teresa Cannon Deputy Clerk(SEAL) No.231121302 Aoril 8.2015 Teresa L. Cannon To: NeetVirginia (VirginiaNeet@colliergov.net); kendall_m (MarciaKendall@colliergov.net) Subject: FW: #231121302 - BCC Comp Planning.Vincentian Proof for 040815 Attachments: NDN231121302.BCC Comp Planning.Vincentian.040815.pdf Importance: High Please review Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:carol.polidora@naplesnews.com] Sent: Monday, April 06, 2015 10:07 AM • To: Teresa L. Cannon Subject: #231121302 - BCC Comp Planning.Vincentian Proof for 040815 Importance: High Hi Teresa, Please provide approval ASAP for publication on 04.08.15. Thanks! Carol Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: cpolidora(c�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 �1> S atilt; • � IMuS NalptesNews corn 1 4B Teresa L. Cannon From: Kendall, Marcia Sent: Monday, April 06, 2015 11:10 AM To: Teresa L. Cannon Cc: Neet, Virginia Subject: RE: #231121302 - BCC Comp Planning.Vincentian Proof for 040815 The advertisement appears to be in order. Please proceed with posting upon confirmation from CA office. Thank you! Cordially, Marcia Marcia R. Kendall,Senior Planner Growth Management Department Zoning Division Comprehensive Planning Section 2800 N. Horseshoe Drive Naples, FL 34104 Phone: (239) 252-2387 EFax: (239) 252-6675 MarciaKendall@colliergov.net Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. From: Teresa L. Cannon [mailto:Teresa.Cannoni collierclerk.com] Sent: Monday, April 06, 2015 10:08 AM To: NeetVirginia; KendallMarcia Subject: FW: #231121302 - BCC Comp Planning.Vincentian Proof for 040815 Importance: High Please review Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:carol.polidora@ naplesnews.com] Sent: Monday, April 06, 2015 10:07 AM Teresa L. Cannon 9B From: Neet, Virginia Sent: Tuesday, April 07, 2015 9:38 AM To: Teresa L. Cannon Subject: FW: #231121302 - BCC Comp Planning.Vincentian Proof for 040815 Teresa: See below. Dinny From: StoneScott Sent: Tuesday, April 07, 2015 9:38 AM To: NeetVirginia Subject: RE: #231121302 - BCC Comp Planning.Vincentian Proof for 040815 Approved! Sorry, busy morning! Scott A.Stone Assistant County Attorney Collier County Attorney's Office (239) 252-5740 From: NeetVirginia Sent: Tuesday, April 07, 2015 9:36 AM To: StoneScott Subject: FW: #231121302 - BCC Comp Planning.Vincentian Proof for 040815 Importance: High Did you have a chance to review this yet? Dinny From: Teresa L. Cannon [mailto:Teresa.CannorKacollierclerk.com] Sent: Tuesday, April 07, 2015 9:36 AM To: NeetVirginia Subject: FW: #231121302 - BCC Comp Planning.Vincentian Proof for 040815 Importance: High Hi Dinny, Can I get this ok this morning since it runs tomorrow.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Teresa L. Cannon 9 B Sent: Monday, April 06, 2015 10:08 AM To: Neet, Virginia; Kendall, Marcia Subject: FW: #231121302 - BCC Comp Planning.Vincentian Proof for 040815 Importance: High Please review Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:carol.polidora@naplesnews.com] Sent: Monday, April 06, 2015 10:07 AM To: Teresa L. Cannon Subject: #231121302 - BCC Comp Planning.Vincentian Proof for 040815 Importance: High Hi Teresa, Please provide approval ASAP for publication on 04.08.15. Thanks! Carol Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: cpolidoraa,NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 ttp1e��ttil Neiu5 Napiesr4evistom Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 2 9 Teresa L. Cannon To: Polidora, Carol Subject: RE: #231121302 - BCC Comp Planning.Vincentian Proof for 040815 Looks good,ok to run! Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.corn From: Polidora, Carol [mailto:carol.polidora@naplesnews.com] Sent: Monday, April 06, 2015 10:07 AM To: Teresa L. Cannon Subject: #231121302 - BCC Comp Planning.Vincentian Proof for 040815 Importance: High Hi Teresa, Please provide approval ASAP for publication on 04.08.15. Thanks! Carol Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: cpolidora(a�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Saples ktill; cities NaptesNews:: �rr 1 B Teresa L. Cannon From: Polidora, Carol <carol.polidora@naplesnews.com> Sent: Tuesday, April 07, 2015 10:56 AM To: Teresa L. Cannon Subject: RE: #231121302 - BCC Comp Planning.Vincentian Proof for 040815 Thanks Teresa! Released... Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: cpolidoraNaplesNews.com A: 1100 lmmokalee Road I Naples, FL 34110 tt1es BMW News From:Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent:Tuesday,April 07, 2015 9:39 AM To: Polidora, Carol Subject: RE: #231121302 - BCC Comp Planning.Vincentian Proof for 040815 Looks good,ok to run! Teresa L. Cannon, BMR Senior Clerk Minutes and Records bepartment 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:carol.polidora@naplesnews.com] Sent: Monday, April 06, 2015 10:07 AM To: Teresa L. Cannon Subject: #231121302 - BCC Comp Planning.Vincentian Proof for 040815 Importance: High Hi Teresa, Please provide approval ASAP for publication on 04.08.15. Thanks! Carol Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: cpolidora(c�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 'ap!Cb acii!j'Sews NapiesNewszorn 1 9B PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF MEETING NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on Tuesday,April 28,2016 in the Board of County Commissioners Chamber,Third Floor,Collier County Government Center,3299 E.Tamlaml Trail,Naples,FL The purpose of the hearing Is to consider. AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED,THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COWER COUNTY FLORIDA,SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY ESTABLISHING THE VINCENTIAN MIXED USE SUBDISTRICT IN THE URBAN MIXED USE DISTRICT TO ALLOW A RESIDENTIAL ONLY, COMMERCIAL ONLY OR MIXED USE PROJECT AT THE FOLLOWING DENSITY/INTENSITY:UP TO 7.3 RESIDENTIAL DWELUNG UNITS PER ACRE FOR A MAXIMUM OF 224 RESIDENTIAL DWELUNG UNITS,UP TO 250,000 SQUARE FEET OF COMMERCIAL USES,A 150 ROOM HOTEL,AND AN ASSISTED LIVING FACIUTY AT A FLOOR AREA RATIO OF 0.6. THE COMMERCIAL USES ALLOWED BY RIGHT ARE ALL PERMITTED USES AND CONDITIONAL USES IN THE C-3 COMMERCIAL INTERMEDIATE ZONING DISTRICT,AND THREE PERMITTED USES AND ONE CONDITIONAL USE IN THE C-4 COMMERCIAL GENERAL ZONING DISTRICT IN THE COWER COUNTY LAND DEVELOPMENT CODE, WITH CONVERSIONS AND LIMITATIONS IF PROJECT IS DEVELOPED AS MIXED USE DEVELOPMENT;AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY.THE SUBJECT PROPERTY IS LOCATED AT THE CORNER OF SOUTHWEST BOULEVARD AND U.S.41(TAMIAMI TRAIL EAST)IN SECTION 32,TOWNSHIP 50 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA CONSISTING OF 30.68*ACRES, [PL20130001787/CP-2013-10) • AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41,. AS AMENDED; THE COWER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABUSHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COWER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE • m 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 w A MIXED USE PLANNED UNIT DEVELOPMENT(MPUD)ZONING DISTRICT FOR A PROJECT TO BE Z KNOWN AS THE VINCENTIAN VILLAGE MPUD,TO ALLOW CONSTRUCTION OF A MAXIMUM OF 224 >- MULTIFAMILY RESIDENTIAL DWELLING UNITS,UP TO 250,000 GROSS SQUARE FEET OF COMMERCIAL LAND USES,A HOTEL UNITED TO 150 ROOMS,AND AN ASSISTED LIVING FACILITY (ALF)AT 0.6 FAR. THE COMMERCIAL USES ARE SUBJECT TO CONVERSIONS AND UMITATIONS IF THE PROJECT IS a DEVELOPED AS MIXED USE OR IF A HOTEL OR ALF IS CONSTRUCTED.THE SUBJECT PROPERTY m IS LOCATED AT THE SOUTHEAST CORNER OF SOUTHWEST BOULEVARD AND Us.41 IN SECTION w 32,TOWNSHIP 50 SOUTH, RANGE 28 EAST,COLLIER COUNTY, FLORIDA,CONSISTING OF 30.68+/- a ACRES;PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-37,THE VINCENTIAN PUD;AND BY PROVIDING AN EFFECTIVE DATE. [PUDZ-PL20130001726] l� '\ i yu0o, 14..A • oor,,.n 6 .114 .1 a*" 17 11 rwuw • CL coo pitc4 PROJECTLOCATION a 32 to• N at � .nr.aw sort. - • All interested parties are nwt-• to appear , • •: ®opies • t . -• •-DINANCES will be made available for inspection at the Zoning Division,Comprehensive Planning Section,2800 N.Horseshoe Dr.,Naples, A between the hours of 8:00 A.M.and 5:00 PM., Monday through Friday.Furthermore the materials will be made 4 available for Inspection at the Collier County Clerk's Office,fourth floor,Collier County Government Center,3299 East Tamlaml Trail,Suite#401 Naples,one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the Zoning Division,Comprehensive Planning Section.Written comments filed with the Clerk to the Board's Office prior to Tuesday,April 28,2016,will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he 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. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamlaml Trail East, Suite#101, Naples,FL 34112-5356, (239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS-COWER COUNTY,FLORIDA TIM NANCE,CHAIRMAN DWIGHT E.BROCK,CLERK By:Teresa Cannon Deputy Clerk(SEAL) No.231.121302 April 8.201 . . . 4' C,'y NOTICE OF MEETING U NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on Tuesday,April 28, 2015 in the Board of County Commissioners Chamber, Third Floor, Collier County Government Center,3299 E.Tamiami Trail,Naples,FL. The purpose of the hearing is to consider: AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA,SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY --,-- ESTABLISHING THE VINCENTIAN MIXED USE SUBDISTRICT IN THE URBAN MIXED USE DISTRICT TO NAPLES DAILY NEWS ALLOW A RESIDENTIAL ONLY, COMMERCIAL ONLY OR MIXED USE PROJECT AT THE FOLLOWING DENSITY/INTENSITY: UP TO 7.3 RESIDENTIAL DWELLING UNITS PER ACRE FOR A MAXIMUM OF 224 Published Daily RESIDENTIAL DWELLING UNITS,UP TO 250,000 SQUARE FEET OF COMMERCIAL USES,A 150 ROOM Naples,FL 34110 HOTEL,AND AN ASSISTED LIVING FACILITY AT A FLOOR AREA RATIO OF 0.6. THE COMMERCIAL USES ALLOWED BY RIGHT ARE ALL PERMITTED USES AND CONDITIONAL USES IN THE C-3 COMMERCIAL INTERMEDIATE ZONING DISTRICT,AND THREE PERMITTED USES AND ONE CONDITIONAL USE IN THE Affidavit of Public at C-4 ERRCSI GENERAL ZONING SD El TT EL COUNTY DNL DE TC. URTHERMOREIRECOMMENDING TRANSMITTAL OFTHE AMENDMENT TOTHE FLORIDA DEPA DEPARTMENT- State of Florida OF ECONOMIC OPPORTUNITY.THE SUBJECT PROPERTY IS LOCATED AT THE CORNER OF SOUTHWEST BOULEVARD AND U.S.41 (TAMIAMI TRAIL EAST)IN SECTION 32,TOWNSHIP 50 SOUTH,RANGE 26 EAST, Counties of Collier and Lee COLLIER COUNTY,FLORIDA CONSISTING OF 30.68-1-ACRES, [PL20130001767/CP-2013-10] AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Before the undersigned theyserve AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND g as DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR appeared Daniel McDermott who on THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE • ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN Inside Sales Manager of the Naples D DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT(PUD)ZONING DISTRICT TO A MIXED USE ISTRICT FOR A PROJECT TO BE newspaper published at Naples, in Cc KNOWN AS THE VINCENTIAN VILLAGE MPUD, TO ALLOW CONSTRUCTION NNED UNIT DEVELOPMENT (MPUD) ZONING DOF A MAXIMUM OF 224 distributed in Collier and Lee countie MULTIFAMILY RESIDENTIAL DWELLING UNITS,UP TO 250,000 GROSS SQUARE FEET OF COMMERCIAL LAND USES,A HOTEL LIMITED TO 150 ROOMS,AND AN ASSISTED LIVING FACILITY(ALF)AT 0.6 FAR. attached copy of the advertising, beim THE DEVELOPED EASIAL USES MIXED USERE OR FBJECT A HOTEL ORALF ISNS AND CONSTRUCTED.LIMITATIONS IF THE PROJECT IS D.THE SUBJECT PROPERTY IS LOCATED AT THE SOUTHEAST CORNER OF SOUTHWEST BOULEVARD AND U.S. 41 IN SECTION PUBLIC NOTICE 32,TOWNSHIP 50 SOUTH, RANGE ACRS;PROVIDING FOR THE REPEAL 26 EAST, ORDINANCE NUMBER 99-37,THE VINCENTIAN PUD;AND BY • PROVIDING AN EFFECTIVE DATE. [PUDZ-PL20130001726) in the matter of PUBLIC NOTICELEL,A R6�RT COMMUNITY NAPLES MAN \ (DRIj was published in said newspaper 1 tin , 29 28 z, g a (EI S)) C, on April 8, 2015. uls U w AWS p WHISTLERS �`°` PROJECT — TREE TOPS LOCATION Affiant further says that the said Nal — published at Naples, in said Collier C( A32E= 3 34 newspaper has heretofore been YiENTWORTH RTN ESTATES County, Florida; distributed in Collier VICT°RIA`AIC All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCES will be made each day and has been entered as SeCoi available for inspection at the Zoning Division,Comprehensive Planning Section,2800 N. Horseshoe Dr.,Naples, office in Na les in said Collier Count' between the hours of 8:00 A.M. and 5:00 PM., Monday through Friday. Furthermore the materials will be made 1> > available for inspection at the Collier County Clerk's Office,fourth floor,Collier County Government Center,3299 year next preceding the first publicatic East Tamiami Trail, Suite#401 Naples,one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the Zoning Division,Comprehensive Planning Section.Written comments filed with advertisement; and affiant further says the Clerk to the Board's Office prior to Tuesday,April 28,2015,will be read and considered at the public hearing. promised any person, firm or Corporate If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for commission or refund for the purpose ( such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes publication in the said news aper. the testimony and evidence upon which the appeal is to be based. p on r p p r If you are a person with a disability who needs any accommodation in order to participate in this proceeding, r...---,_,,, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County ,....2,_.,,e . r / Facilities Management Division, located at 3335 Tamiami Trail East, Suite #101, Naples, FL 34112-5356, (239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are „, . ` __. ( (Signature oI affiant) available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS-COLLIER COUNTY,FLORIDA -1 TIM NANCE,CHAIRMAN DWIGHT E.BROCK,CLERK By:Teresa Cannon Deputy Clerk(SEAL) Swprn to and spbscribed before me No.231121302 — April 8.2015 T rl 13th e ay of A ril, 2015 "' '-- (Signature of notary public)` ---- —--— — — — — o��,,,r_ , C ROL POLIOORA II, Notary PuMk-State of Florida Commission I FF 1115630 ; — My Comm.Expires Dec 28,2018 ..°'�a Pio Bonded through National Notary Assn. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO D THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office Hp 7'I fr °`� 1(A L i 4. BCC Office Board of County NU' Commissioners NA\V L tl t''r 5. Minutes and Records Clerk of Court's Office „ ' ((5 3:2Ipnn PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Nancy Gundlach Phone Number (239)252-2484 Contact/ Department Agenda Date Item was June 9,2014 Agenda Item Number 9. B. Approved by the BCC Type of Document Ordinance 14Qr( AA(-02_0\--k . Number of Original 1 Attached t `J Documents Attached PO number or account 131-138326-a '130-00000 number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A”in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 'j -mn N.G. - 2. Does the document need to be sent to another agency for additional signatures'? If yes, N/A • provide the Contact Information(Name;Agency; Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters,must be reviewed and signed N.G. by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N.G. document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's N.G. signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N.G. should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on June 9,2015 (date)and all changes N.G. made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorneyverifying that the attached document is the version approved bythe .G. r a fY� g PP BCC,all changes directed by the BCC have been made,and the document is ready for he j -v Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 98 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday, June 16, 2015 10:50 AM To: County Ordinances (CountyOrdinances@dos.myflorida.com) Subject: CLL20150616_Ordinance2015_33 Attachments: CLL20150616_Ordinance2015_33.pdf COUNTY: CLL (COLLIER) ORDINANCE NUMBER: 2015-33 SENT BY: COLLIER COUNTY CLERK OF THE CIRCUIT COURT BOARD MINUTES & RECORDS DEPARTMENT SENDER'S PHONE: 239-252-8406 Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) 1 98 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday,June 16, 2015 12:00 PM To: Gundlach, Nancy Subject: Item #9B Ordinance 2015-33 (6-9-2015 BCC) Attachments: Ordinance 2015-33.pdf Hi Nancy, A signed copy of Ordinance 2015-33, for the Vincentian Village MPUD (Petition PUDZ-PL20130001726) is attached for you. The first page of the pdf is a copy of the official letter sent by the State, acknowledging their receipt of the Ordinance and confirming it has been filed with their office. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) i 96 . ORDINANCE NO. 15- 33 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 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS THE VINCENTIAN VILLAGE MPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 224 MULTIFAMILY RESIDENTIAL DWELLING UNITS, UP TO 250,000 GROSS SQUARE FEET OF COMMERCIAL LAND USES, A HOTEL LIMITED TO 150 ROOMS, AND AN ASSISTED LIVING FACILITY (ALF) AT 0.6 FAR. THE COMMERCIAL USES ARE SUBJECT TO CONVERSIONS AND LIMITATIONS IF THE PROJECT IS DEVELOPED AS MIXED USE OR IF A HOTEL OR ALF IS CONSTRUCTED. THE SUBJECT PROPERTY IS LOCATED AT THE SOUTHEAST CORNER OF SOUTHWEST BOULEVARD AND U.S. 41 IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 30.68+/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-37, THE VINCENTIAN PUD; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZ-PL20130001726] WHEREAS, Robert J. Mulhere of Hole Montes, Inc., representing Global Properties of Naples, LLC, 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 at the southeast corner of the intersection of Southwest Boulevard and Tamiami Trail East (U.S. 41) in Section 32, Township 50 South, Range 26 East, Collier County, Florida, is changed from a Planned Unit Development (PUD) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for a 30.68+/- acre project to be known as the Vincentian Village MPUD, to allow construction of a maximum of 224 multifamily residential dwelling units, up to 250,000 gross square feet of commercial land uses, a hotel limited to 150 rooms, and an assisted living facility (ALF) at 0.6 FAR, in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps as described in [14-CPS-01292/1180260/1] 141 Vincentian MPUD/PUDZ-PL20130001726 Page 1 of 2 Rev. 5/15/15 9B Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 99-37, known as the Vincentian Planned Unit Development, adopted on May 25, 1999 by the Board of County Commissioners of Collier County, Florida, 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 iltn..Q.. , 2015. ATTESATTEST; BOARD OF COUNTY COMMISSIONERS DWI• irl , °.$ QCK, CLERK COLLIER COUNTY, FLORIDA By: • By: 3 k TIM NANCE, Chairman to airman's_ signature only. Approved as to form and legality: CID of Pk ( eidi Ashton-Cicko 6 Managing Assistant County Attorney Attachments: Exhibit A - Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit C-1 —ROW Section Exhibit D - Legal Description This ordinance filed with the Exhibit E - Requested Deviations from LDC cr tary of Stg�tt,ee's Office the Exhibit F - Developer Commitments �ay of _,J LL V) , 2 O I5 and acknow!edgeme�t q�_that faifiDg.-received this�OL��`T''�day By Wkii, [14-CPS-01292/1180260/1] 141 Vincentian MPUD/PUDZ-PL20130001726 Page 2 of 2 Rev. 5/15/15 Cp EXHIBIT A 9B VINCENTIAN VILLAGE MPUD LIST OF PERMITTED USES PERMITTED USES: The PUD may be developed entirely as residential, entirely as commercial, or a mixture of residential and commercial uses. No building or structure, or part thereof, shall be erected, altered, or used, or land used, in whole or in part, within the Vincentian Village MPUD, for other than the following: TRACT MU—MIXED-USE DEVELOPMENT I. Principal Uses A. Multifamily and Townhome residential uses, up to 224 dwelling units. Residential development shall be limited to market-rate and Gap Housing units. Gap Housing shall be provided in accordance with the conditions end limitations set forth in Exhibit F. Developer Commitments, Paragraph VII, Gap Housing. B. Commercial Uses, subject to conversions in Exhibit B, Section III: Up to 250,000 square feet of gross floor area if the PUD is developed without residential dwelling units. If the PUD is developed with residential and commercial uses, the commercial uses shall not exceed 10 acres in size and 128,000 square feet of gross floor area. No single use shall exceed 65,000 square feet of gross floor area(GFA), with the exception of a group care facility, physical fitness facility, hotel, or department store, unless the single use is approved by the conditional use process outlined in the LDC. Commercial uses are further limited in this Section, I.B. 1. Accounting, auditing, and bookkeeping (8721). 2. Advertising agencies (7311). 3. Amusement and recreation services, (7911, 7922, community theater only), (7933, 7991, 7999 - miniature golf course, bicycle and moped rental, and yoga only). A recreational site for the use of the adjacent RV or mobile home parks may be developed on a maximum of three (3) acres of the PUD. 4. Apparel and accessory stores (5611-5699). 5. Architectural services (8712). 6. Auto and home supply stores (5531). 7. Automotive services (7549) except that this shall not be construed to permit the activity of"wrecker service (towing) automobiles, road and towing service." No outdoor paging or amplified sound systems shall be used. 8. Banks, credit unions and trusts (6011-6099). 9. Barber shops (7241, except for barber schools). 10. Beauty shops (7231, except for beauty schools). 11. Business consulting services (8748). Page 1 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SMIUSZQB\PUD Document Final 5-15-15.docx CA 9B 12. Business credit institutions (6153-6159). 13. Business services-miscellaneous (7311, 7322-7338, 7371-7379, 7384, 7389, except for except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories- telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, product sterilization, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, textile designers, textile folding, tobacco sheeting, window trimming, and yacht brokers). 14. Child day care services (8351). 15. Civic, social, and fraternal associations (8641). 16. Computer and computer software stores (5734). 17. Department stores (5311). Accessory fuel pumps for membership warehouse facilities subject to Section II, Accessory Uses, B.iv. 18. Drug stores (5912). 19. Eating and drinking places (5812 and 5813, excluding bottle clubs). All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 5.05.01. 20. Educational plants and services (8211, 8221-8222). 21. Essential services, subject to section 2.01.03 22. Food stores (groups 5411-5499). Accessory fuel pumps subject to Section II, Accessory Uses, B.iv. 23. Garment pressing, and agents for laundries and drycleaners (7212). 24. General merchandise stores (5331-5399). Accessory fuel pumps for membership warehouse facilities subject to Section II, Accessory Uses, B.iv. 25. Glass, Paint, and Wallpaper stores (5231). 26. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 429 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651; as defined in the LDC and all subject to section 5.05.04. of the LDC (hereinafter collectively or singularly referred to as "Assisted Living Facility"). 27. Hardware stores (5251). 28. Health services, offices and clinics (8011-8049, 8072, 8092, and 8099). 29. Home furniture and furnishings stores (5712-5719). 30. Home health care services (8082). 31. Hospitals (8062). 32. Hotels (7011, hotel only), limited to 150 rooms. 33. Household appliance stores (5722). 34. Insurance carriers, agents and brokers (6311-6399, 6411). Page 2 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx CA 9B 35. Landscape architects, consulting and planning (0781). 36. Legal services (8111). 37. Management services (8741, 8742). 38. Medical equipment rental and leasing (7352). 39. Membership organizations, miscellaneous (8611, 8699 - excluding Humane society, animal). 40. Mortgage bankers and loan correspondents (6162). 41. Motion picture theaters (7832- except drive-in). 42. Museums and art galleries (8412). 43. Musical instrument stores (5736). 44. Nursing and personal care facilities (8051). 45. Photographic studios, portrait(7221). 46. Public administration (groups 9111-9199, 9229, 9311, 9411, 9451, 9511-9532, 9611-9661). 47. Public relations services (8743). 48. Radio, television and consumer electronics stores (5731). 49. Radio, television and publishers advertising representatives (7313). 50. Real Estate (6512, 6531-6552). 51. Record and prerecorded tape stores (5735), excluding adult-oriented sales and rentals. 52. Religious organizations (8661) with 10,000 square feet or more of gross floor area in the principal structure. 53. Repair services, miscellaneous (7629-7631, 7699 - bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 54. Retail nurseries, lawn and garden supply stores (5261). 55. Retail services - miscellaneous (5921, 5941-5963 except pawnshops, 5992-5999 except auction rooms, awning shops, fireworks- retail, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). 56. Security and commodity brokers, dealer, exchanges and services (6211-6289). 57. Shoe repair shops and shoeshine parlors (7251). 58. Social services, individual and family (limited to 8322 activity centers for elderly or handicapped only; day care centers for adult and handicapped only). 59. Surveying services (8713). 60. Tax return preparation services (7291). 61. Travel agencies (4724, no other transportation services). 62. United State Postal Service (4311, except major distribution center). 63. Veterinary services (0742, excluding outside kenneling). 64. Any other principal use which is comparable in nature with the forgoing list of permitted principal uses, as determined by the Board of Zoning Appeals or the Hearing Examiner by the process outlined in the LDC. II. Accessory Uses: Page 3 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx CPO 9B Accessory uses and structures customarily associated with the permitted principal uses and structures permitted by right in this MPUD, including, but not limited to: A. Residential Accessory Uses: 1. Recreational uses and facilities that serve the residents of the PUD, such as swimming pools, tennis courts, bocce ball, volleyball courts, walking paths, picnic areas, dog parks, playgrounds, fitness centers, and recreation/amenity buildings. 2. Customary accessory uses and structures to residential units, including carports, garages, and utility buildings. 3. Temporary sales trailers and model units. 4. Entry gate and gatehouse. 13. Commercial Accessory Uses: 1. Outside storage or display of merchandise when specifically permitted by the LDC for a use, subject to LDC Section 4.02.12. 2. One caretakers residence, subject to LDC Section 5.03.05. 3. Temporary display of merchandise during business hours provided it does not adversely affect pedestrian or vehicular traffic or public health or safety as determined by the County. Merchandise storage and display is prohibited within any front yard but allowed within the side and rear yards of lots. 4. Fuel pumps accessory to a grocery store or membership warehouse type facility, greater than 15,000 square feet of gross floor area, no closer than 300 feet to a residential use. 5. Fast food restaurants (with drive-through facilities), limited to two (2) restaurants. This limitation does not apply to coffees shops with on-site brewing. III. Conditional Uses The following use is permissible as a conditional use, subject to the standards and procedures established in section 10.08.00. 1. Automotive vehicle dealers (5511), limited to new automobile dealers only. TRACT L—LAKE & WATER MANAGEMENT FACILITIES: 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. Storm water management treatment, conveyance facilities, and structures, such as berms, swales, and outfall structures. 2. Passive recreational facilities in support of residential and/or commercial uses or for use by the adjacent Hitching Post Mobile Home Park, including but not limited to boardwalks, trails, pervious pathways, picnic areas, and recreational shelters. Should Page 4 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx 9B such passive recreational facilities be developed, this shall not affect the maximum intensity or density permitted in this PUD. Any other principal use which is comparable in nature with the forgoing list of permitted principal uses, as determined by the Board of Zoning Appeals or the Hearing Examiner by the process outlined in the LDC. The stormwater lake depicted on the Master Plan (Tract L) shall be a minimum of 120 feet in width measured from the PUD boundary and inclusive of the perimeter landscape buffer easement and lake maintenance easement. TRACT P—PRESERVE: PERMITTED USES: No building or structure, or part thereof, shall be erected, altered, or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Preservation of native habitat. B. Accessory Uses, allowed if additional acreage, above the minimum required, is provided in Tract P: 1. Storm water management structures. 2. Pervious and impervious pathways and boardwalks, consistent with LDC Section 3.05.07 H.l.h.i. 3. Shelters without walls. 4. Educational signage and bulletin boards located on or immediately adjacent to the pathway. 5. Benches for seating. 6. Viewing platforms. 7. Any other use which is comparable in nature with the forgoing list of permitted accessory uses, as determined by the Hearing Examiner by the process outlined in the LDC. The minimum width of Tract P, or Tract P and the stormwater management lake (Tract L) in combination, as depicted on the Master Plan, shall be 65 feet. DEVELOPMENT INTENSITY STANDARDS: Intensity of uses under any development scenario is limited to the two-way, unadjusted average weekday, pm peak hour trip entering/exiting generation of 1,107 total trips utilized in the TIS dated 10/18/13 (gross trips), allowing for flexibility in the proposed uses without creating unforeseen impacts on the adjacent roadway network. Page 5 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx 913 EXHIBIT B VINCENTIAN VILLAGE MPUD DEVELOPMENT STANDARDS The table below sets forth the development standards for residential and commercial land uses within Tract MU of the Vincentian Village MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. I. RESIDENTIAL & COMMERCIAL DEVELOPMENT STANDARDS CLUBHOUSE/ RECREATION MULTI-FAMILY TOWNHOUSE' BUILDINGS COMMERCIAL PRINCIPAL STRUCTURES MIN.LOT AREA 3,000 S.F.PER UNIT 1,800 S.F.PER UNIT N/A 10,000 S.F. MIN.LOT WIDTH 90 FEET 21 FEET N/A 100 FEET MIN.FLOOR AREA 1,250 S.F./D.U. 1,250 S.F./D.U. N/A 700 S.F.2 MINIMUM YARDS(External—measured from the PUD boundary)3 From Tamiami Trail and SW 50 FEET 50 FEET 50 FEET(Tamiami 50 FEET Blvd. Trail) 25 FEET(Southwest Blvd.) From adjacent RSF-4 zoned 75 FEET 75 FEET 75 FEET 75 FEET property From adjacent MH zoned ' 75 FEET 75 FEET 25 FEET 75 FEET property From adjacent C-3 zoned 25 FEET 25 FEET 25 FEET 25 FEET property MINIMUM YARDS(Internal—measured from internal lot lines) Min.Front Yard 20 FEET 4 20 FEET 4 20 FEET 10 FEET Min.Side Yard 15 FEET 0 or 10 FEET 15 FEET 10 FEET Min.Rear Yard 15 FEET 15 FEET 15 FEET 10 FEET Min.Preserve Setback 25 FEET 25 FEET 25 FEET 25 FEET Min.Lake Setback 5 20 FEET 20 FEET 20 FEET 20 FEET MIN.DISTANCE BETWEEN 15 FT or 1/2 sum of 10 FT or 1/2 BH, 10 FEET 20 FT or''Asum of STRUCTURES BH,whichever is whichever is greater BH,whichever is greater greater MAX.BUILDING HEIGHT 35 FEET 35 FEET 35 FEET 45 FEET NOT TO EXCEED(ZONED) MAX.BUILDING HEIGHT 42 FEET 6 42 FEET 6 42 FEET 52 FEET 7 NOT TO EXCEED(ACTUAL) MAX.FAR N/A N/A N/A 0.6 8 MAX.GROSS FLOOR AREA ' N/A N/A N/A 250,000 SF 9 ACCESSORY STRUCTURES FRONT SPS SPS SPS SPS SIDE 10 FEET 10 FEET 10 FEET 5 FEET REAR 10 FEET 10 FEET 10 FEET 5 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET MIN.LAKE SETBACK i0 5 FEET 5 FEET 5 FEET 5 FEET MAX.BUILDING HEIGHT SPS SPS SPS SPS NOT TO EXCEED(ZONED) MAX.BUILDING HEIGHT SPS SPS SPS SPS NOT TO EXCEED(ACTUAL) 1. Defined as a group of three or more units. Page 6 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx 9B 2. Per principal structure,on the finished first floor;not applicable to Kiosks. 3. Dumpsters and dumpster enclosures shall not encroach into the stated perimeter PUD setbacks. 4. Front yards shall be measured as follows: — If the parcel is served by a public right-of-way,setback is measured from the adjacent right-of-way line. — If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement(if not curbed). — If the parcel has frontage on two streets, the frontage providing vehicular access to the unit shall be considered the front yard.The other frontage shall be considered a side yard. — In no case shall the setback be less than 23 feet from the edge of an adjacent sidewalk, except in the case of side-loaded garages,designed such that a vehicle can be parked in the driveway in such a manner so as not to conflict with,or encroached upon,the adjacent sidewalk. 5. As measured from the Control Elevation. 6. Not to exceed two stories. 7. Commercial buildings located within 500 feet of US 41 may be developed at a building height of 50 feet zoned and 57 feet actual. 8. Applies to the following use:Assisted Living Facilities. 9. Subject to Land Use Conversion Factors,Exhibit B,Section III. 10. Zero feet if a 20' Lake Maintenance Easement is provided in a separate tract at time of platting. II. Design Standards A. Architectural Theme. i. All buildings, signage, landscaping, and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials throughout all of the buildings, signs, and fences/walls to be erected on the subject parcel. ii. Landscaping and streetscape materials shall also be similar in design throughout the subject site. An architectural plan shall be submitted concurrent with the first application for the Site Development Plan approval demonstrating compliance with these standards. B. Residential Amenities. The following amenities shall be provided in association with any residential development (other than a caretaker's residence), no later than issuance of the certificate of occupancy for the 92nd dwelling unit: i. Resort-style swimming pool. ii. Clubhouse. iii. Fitness center. iv. Dog park. v. Children's playground area/tot lot. vi. Tennis court or bocce ball court. vii. Gated entry. viii. On-site property management if developed as a rental community. ix. Fence, wall or hedge along adjacent public right-of-way (i.e. Tamiami Trail and/or Southwest Boulevard, as applicable). When planting a hedge, it shall include decorative columns minimum of 24" x 48", spaced no more than 30 feet on center, and a hedge a minimum of 30 inches in height at time of planting, that achieves 80 percent opacity and a minimum 4 feet in height within one year of planting. Page 7 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SMIUSZQB\PUD Document Final 5-15-15.docx B C. Residential Construction. For residential development, the following shall be required: i. Concrete Masonry Unit construction and stucco, or approved equivalent. ii. Cement or slate tile roof or approved equivalent. iii. Minimum 9-foot ceiling heights within first-floor of units. iv. Concrete pavers at entrance/exit. III. Land Use Conversion Factors: A. Commercial Only Development: Commercial uses shall be limited to a maximum of 250,000 square feet of gross floor area (GFA), one hotel (maximum of 150 rooms), and an assisted living facility (maximum FAR 0.6). Additionally, for every acre, or portion thereof, of hotel or Assisted Living Facility, the maximum allowable commercial GFA shall be reduced by 10,000 square feet or portion thereof for fractional amount under an acre. B. Mixed Use (Residential and Commercial) Development: The commercial portion of the project shall not exceed 10 acres in size and a maximum of 128,000 square feet of GFA of commercial uses, a 150-room hotel, and an Assisted Living Facility at a 0.6 FAR. Additionally, for every acre, or portion thereof, of hotel or Assisted Living Facility, the maximum allowable commercial GFA shall be reduced by 10,000 square feet or portion thereof for fractional amount under an acre. Residential density shall be limited to a maximum density of 7.3 units per acre, calculated on the gross acreage of the property, exclusive of any commercial portions, for a maximum of 224 multi-family and/or townhouse dwelling units. Page 8 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SMIUSZQB\PUD Document Final 5-15-15.docx 9 B A ative Vegetation and Open Space C-5 ZONING Existin. Native Ve a etation= 29.77 Ac. S Min On-site Native Preservation Re.'d STATION 20' TYPE "D" WHISTLER'S 29.77 x 15%=4.46 Ac. COVE- PUD Min Open Space Req'd(Comm.or Mixed-Use) LANDSCAPE 30.68 x 30% =9.20 Ac Min Open Space Required(Residential Only) C.P. BUFFER 30.68x60% =18.41 Ac ,P /jam f \ \N • >' 20' TYPE "D" �` �9 \.. �, , � LANDSCAPE . G '�� TRAIL ACRES 5,�04A / BUFFER oo-•s '� RSF-4 ZONING �� \� 4f'p IP, 'A,9�` \\ ° 200 100 �-W ,0 ��°// �� s. o , TRACT "MU" (10":S. ,/ MIXED USE \\ N. , `, LANDSCAPE BUFFER EXISTING 15'U.E. PER LDC REQUIREMENTS v~,\\ ,` \\ DEVIATION#2 EXISTING 15'U.E. -�l 0- a� `�\ WALL LOCATION POTENTIAL FUTURE it Z M •, \ BIKEIPED o.a U \• INTERCONNECTION I • 15' TYPE "B" _ �s°2 �` `\ LANDSCAPE �'' \ BUFFER 15'TYPE "B"• O `\\` ,\ LANDSCAPE a O BUFFER O = t ---- w a \ TRACT "P" o a • PRESERVE TRACT = � , Land Use Summary ` EXISTING 15'U. .\ LAKE Description Acreage Percent •\ Mixed-Use(Tract MU) 22.05 71.9% • \\\ EXISTING 15'U.E. Lake(Tract L) 4.17 13.6% • Preserve(Tract P) 4.46 14.5% TOTAL 30.68 100.0% � � EXISTING 15'U.E. TRAIL ACRES RSF-4 ZONING MAXIMUM DWELLING UNITS:224 MAXIMUM GROSS FLOOR AREA:250,000 SF,SUBJECT TO LAND USE CONVERSION FACTORS,SEE EXHIBIT B,SECTION III. NMI950 Encore Way VINCENTIAN VILLAGE MPUD ° MAIL DDATE R.M./P.M. 01/2014 Naples,FL.34110 DRAWN DA MIC DATE 01/2014 Phone:(239)254-2000 MASTER PLAN THR M./P.M. T 01/2014 H OLE MONTES Florida Certificate of LERr,C„AALE ENWERPLANERSURVEYCRS Authorization No.1772 EXHIBIT C REVIDET: 3-23-2015 Page 9 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx 9B 7U H s a w z 5 gri r O ,\ g N N _ W _ I, '4 6 > t u., , . , . "1 a 0 , i a Q F- (...) in li ❑ F= U r4, r-: LI, UJ t___ f Z o m N 0 o z = Sox V o aw W 9 w ❑ O o 0 7. o0 z Ln ,f O Q ❑ Q ., W m ❑ Z Pv Lw O L!J F-- v''•- ��^ w Toc o � g I 71 J a ?i' �CO 5 M O 4 O .E UJ , Q l: O N'tO w 000.0 y g,-1 SO - cm Z 4 O cn CL O w o L A.1 C a d I z a LLJ t CL •" Z N 0 W • I • ••••••• - cc w A (f)Li_, fi �= U CJ, > d, Z WYT m0O � ' I = —`— > — � �V tal �/ Ln n .4 .r ~ N N Ha\ Q. a ^ --,,%z--,,%zZ g t° 22 O % o O V O Z NJ f m-1' Yo < � v eSW� 6 5-15-15.docx c' 9B EXHIBIT D VINCENTIAN VILLAGE MPUD LEGAL DESCRIPTION A parcel of land located in Section 32, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND RUN SOUTH 02°48'46" WEST ALONG THE EAST LINE OF SAID SECTION 32, A DISTANCE OF 1718.03 FEET TO AN INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41 (TAMIAMI TRAIL) AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 02°48'46" WEST ALONG SAID EAST LINE OF SECTION 32, A DISTANCE OF 884.02 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 32 AND THE NORTH LINE OF LOTS FORMERLY IN TRAIL ACRES UNIT 3 AS RECORDED IN PLAT BOOK 3, PAGE 94 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (VACATED BY INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 189, PAGE 792); THENCE RUN NORTH 87°30'18" WEST ALONG SAID FORMER NORTH LINE OF TRAIL ACRES UNIT 3 AND THE NORTH LINE OF TRAIL ACRES UNIT 4 AS RECORDED IN PLAT BOOK 7, PAGE 103 OF SAID PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, A DISTANCE OF 695.96 FEET; THENCE RUN NORTH 39°04'37" WEST ALONG SAID NORTH LINE OF TRAIL ACRES UNIT 4 AND THE NORTH LINE OF SAID TRAIL ACRES UNIT 3, A DISTANCE OF 1081.98 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SOUTHWEST BOULEVARD; THENCE RUN NORTH 50°56'59" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1007.85 FEET TO AN INTERSECTION WITH SAID SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41 (TAMIAMI TRAIL); THENCE RUN SOUTH 39°03'26" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 77.05 FEET TO THE POINT OF CURVATURE OF A CURVE BEING CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 3210.55 FEET, A CENTRAL ANGLE OF 14°34'44" AND A CHORD BEARING AND DISTANCE OF SOUTH 46°20'49" EAST, 814.73 FEET, RESPECTIVELY; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE AND THE SOUTHERLY RIGHT-OF-WAY LINE, AN ARC DISTANCE OF 816.93 FEET TO THE SAID POINT OF BEGINNING. Subject to easements, reservations or restrictions of record. Page 11 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx d � 9B EXHIBIT E VINCENTIAN VILLAGE MPUD LIST OF REQUESTED DEVIATIONS FROM LDC Deviation 1: From LDC Section 6.06.01.N, requiring a minimum right-of-way width of 60 feet for local street rights-of-way, to allow for a minimum 42 foot right-of-way internal to the proposed development. Deviation 2: From LDC Section 5.03.02.H Wall requirement between residential and nonresidential development, which requires, wherever a nonresidential development lies contiguous to a residentially zoned district, that a masonry wall, concrete or pre-fabricated concrete wall and/or fence be constructed on the nonresidential property, no less than 6 feet from the residentially zoned district, to allow the wall to be located more than 6 feet from the residentially zoned district, as generally depicted on Exhibit C, Master Plan. Deviation 3: From LDC Section 5.05.04.D.1 Group Housing, which establishes a maximum floor area ratio of 0.45 for care units, assisted living units, continuing care retirement communities, nursing homes, and dwelling units that are part of an aging-in-place living environment, to allow a maximum floor area ratio of 0.6 for an Assisted Living Facility. Page 12 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx 9B EXHIBIT F VINCENTIAN VILLAGE MPUD LIST OF DEVELOPER COMMITMENTS PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the MPUD. At the time of this PUD approval, the Managing Entity is Global Properties of Naples, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document, 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 MPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity will not be relieved of its responsibility under this Section. When the MPUD is closed out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. II. ENVIRONMENTAL The site contains approximately 29.77 acres of native vegetation, of which approximately 37 percent (11.12 acres) is covered with more than 75 percent exotic vegetation. For a commercial or industrial project within the Coastal High Hazard Area, 15 percent of existing native vegetation must be retained (15% of 29.77 acres = 4.46 acres). The preserve as depicted on the Master Plan contains 4.46 acres. For a residential or mixed- use project within the Coastal High Hazard Area, the minimum required is 25 percent, or 7.44 acres (25% of 29.77 acres). Therefore, at time of site development, the developer will either: A. Preserve all required native vegetation on-site (25% for residential only or mixed use, 15% for commercial only development), or B. Preserve a minimum of 15% of native vegetation on-site and mitigate for up to 2.98 acres (7.44 acres — 4.46 acres) of the on-site native vegetation preservation retention requirement off-site, either by monetary payment or by land donation, consistent with the provisions of the Vincentian Subdistrict of the Future Land Use Element of the Growth Management Plan and Section 3.05.07 H.1.f of the Land Development Code. Page 13 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SMIUSZQB\PUD Document Final 5-15-15.docx 9b , III. TRANSPORTATION A. Intensity of uses under any development scenario for the PUD is limited to the two-way, unadjusted, average weekday, pm peak hour trip entering/exiting generation of 1,107 total trips utilized in the TIS dated 10/18/13 (gross trips). B. Owner, its successor or assigns, shall convey a road right-of-way easement to Collier County, free and clear of all liens and encumbrances, for the widening of Southwest Boulevard for the purpose of constructing turn-lane improvements to service the Subject Property if turn lane improvements are required as a result of the development. The easement shall be at no cost to Collier County and shall be for the same width and length as the turn-lane improvements being constructed to service the Subject Property. Any required turn-lane improvements at the intersection of Southwest Boulevard and Tamiami Trail East shall be exempt from the compensating ROW provision. Developer shall have the option, so long as the improvements meet Collier County standards and subject to County approval, to construct and relocate the existing County stormwater and utility improvements on the East side of SW boulevard onto the subject property in lieu of any compensating ROW easement. Drainage and utility easements to accommodate these improvements will be conveyed by Owner to the County, at no cost to the County, free of any encumbrances or liens. The utilities and stormwater to be relocated shall only be in the area where the required turn lane improvements servicing the site are to be constructed. C. The owner and developer are responsible for actual construction costs associated with intersection improvements at Southwest Blvd. and U.S. 41 necessitated as a result of impacts from this development and proportionate share for signal upgrades. The owner and developer of Vincentian PUD are only responsible for modifications and intersection upgrades needed as a result of this development, which will not include any cost reimbursement for the traffic signal at Southwest Blvd. and US 41. IV. UTILITIES County water and sewer service is available via transmission mains located along US 41, Southwest Blvd and the eastern boundary of the subject property. The owner and developer are responsible for providing necessary connections to supply the site with County water and sewer service. V. PLANNING A. If the PUD is developed with residential uses only, the project will provide a minimum of 60 percent open space. Otherwise, the minimum open space shall be 30 percent. Page 14 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx 9B B. The developer of any group housing or retirement community, its successors or assigns, shall provide the following services and be subject to the following operational standards for the units in the retirement community, including, but not limited to, independent living units, assisted living units, or skilled nursing units: Operational Characteristics for Senior Housing Senior housing may be composed of one or more types of care/housing facilities. These care/housing types are limited to independent living, assisted living, and skilled nursing units, each of which can have varying operational characteristics. The following characteristics of senior housing care units distinguish them from residential land uses, and all of the characteristics must be provided for and maintained to be considered a senior housing care unit: • The facility shall be for residents 55 years of age and older; • There shall be on-site dining facilities to the residents, with food service being on-site, or catered; • Group transportation services shall be provided for the residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents needs, including but not limited to medical office visits; • There shall be an onsite manager/activities coordinator to assist residents who shall be responsible for planning and coordinating stimulating activities for the residents; • An on-site wellness facility shall provide exercise and general fitness opportunities for the residents; • Each unit shall be equipped with devices provided to notify emergency service providers in the event of a medical or other emergency; • Independent living units shall be designed so that a resident is able to age in place. For example, kitchens may be easily retrofitted by lowering the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted by adding grab bars. C. Landscape buffer easements (LBEs) are shown on the Master Plan within utility easements. At time of SDP, letters of no objection from all utility holders shall be obtained by owner or developer. If such approvals cannot be obtained, LBEs shall be relocated outside of utility easements. D. Tract P, Preserve, where it is dense enough to provide equivalent buffering per the LDC, may count towards minimum buffering requirements. The minimum width of Tract P, or Tract P and the stormwater management lake (Tract L) in combination, as depicted on the Master Plan, shall be 65 feet. Page 15 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5MIUSZQB\PUD DOCument Final 5-15-15.docx 9B E. A 15' Type B Landscape Buffer is required if residential development occurs on the subject site adjacent to the Hitching Post Plaza property. F. The stormwater lake depicted on the Master Plan (Tract L) shall be a minimum of 120 feet in width measured from the PUD boundary and inclusive of the perimeter landscape buffer easement and lake maintenance easement. G. The Master Plan is conceptual in nature and is subject to modifications at time of Plans and Plat (PPL) or Site Development Plan (SDP) approval due to agency permitting requirements. H. For commercial uses, amplified sound shall not be permitted within 125 feet of the PUD perimeter boundary adjacent to RSF-4 or MH—Mobile Home zoning. In order to further buffer existing and potential new adjacent residential development from noise associated with amplified sound and outdoor dining areas, such areas shall be separated from existing and potential new adjacent residential development by the principal commercial structure and shall not break the side plane of the building. Amplified sound of any type shall be limited to the hours of 7:00 AM to 11:00 PM. These restrictions do not apply to drive-through ordering devices. Any deviation from this standard shall be approved by the conditional use process outlined in the LDC. I. If developed as mixed-use or commercial, at time of the first Site Development Plan, the developer shall provide, to the maximum extent feasible, internal connectivity through shared parking and cross-access agreements. VI. EMERGENCY MANAGEMENT If more than 92 dwelling units are constructed, the developer shall provide, prior to issuance of a certificate of occupancy for the 93rd dwelling unit, a new, quiet-running, extended run-time towable 45kw (minimum-kw) generator per Emergency Management's specifications. The towable generator will be a one-time developer contribution based on the number of units permitted at time of SDP to meet the hurricane mitigation impact for evacuation concerns. The generator specifications must be pre- approved by the Department of Emergency Management as the County has certain inter- operable standards and required safety options. VII. GAP HOUSING The Developer shall provide Gap Housing in accordance with the GAP Housing Agreement between the Board of Collier County Commissioners and the Developer. Page 16 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx . : z 9 g i ,-1.,, -„,..q ; A .6:6\ aqb c „../ l -, FLORIDA DEPARTMENT of STATE RICK SCOTT KEN DETZNER Governor Secretary of State June 16, 2015 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Anne Jennejohn, Deputy Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 15-33, which was filed in this office on June 16, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ✓44 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (01 Z Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office JAB 6/9/15 9a.6 4. BCC Office Board of County ��� ` Commissioners / 6 A1 VS 5. Minutes and Records Clerk of Court's Office ,((21(5 (0',51Q4, PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jennifer Belpedio,Asst.County Attorney Phone Number 252-8400 Contact/ Department Agenda Date Item was 6/9/15 Agenda Item Number 9-B Approved by the BCC Type of Document Gap Housing Agreement-Vincentian Number of Original One Attached MPUD Documents Attached PO number or account Se � . Q-k A number if document is to be recorded ��� INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature JAB 2. Does the document need to be sent to another agency for additional signatures? If yes, JAB provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAB signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAB . Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAB should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 6/9/15 and all changes made during the JAB meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. PLEASE PROVIDE A COPY TO RICH YOVANOVICH—Coleman, Yovanovich, Koester,Northern Trust Building,4001 Tamiami Trail North, Suite 300, Naples 34103 I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 98 MEMORANDUM Date: June 18, 2015 To: Jennifer A. Belpedio, Assistant County Attorney County Attorney's Office From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Gap Housing Agreement for Vincentian MPUD Per your request attached is a copy of the document mentioned above, (Item #9B) approved by the Board of County Commissioners on Tuesday, June 9, 2015. The original document is being held in the Minutes and Records Department as part of the Board's Official Records. If you have any questions, please contact me at 252-8411. Thank you. 96 MEMORANDUM Date: June 18, 2015 To: Rich Yovanovich, Coleman, Yovanovich & Koester From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Gap Housing Agreement for Vincentian MPUD Per your request attached is a copy of the document mentioned above, (Item #9B) approved by the Board of County Commissioners on Tuesday, June 9, 2015. The original document is being held in the Minutes and Records Department as part of the Board's Official Records. If you have any questions, please contact me at 252-8411. Thank you. 9B AGREEMENT CONFIRMING GAP HOUSING AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY This AGREEMENT is made of the 9th day of June , 2015 by and between Global Properties of Naples, LLC (the "Developer") and the Collier County Board of County Commissioners (the "Commission"), collectively, the "Parties". RECITALS: A. The Developer owns a tract of real property described in Exhibit "A" attached hereto and incorporated herein (the "Property"). It is the Developer's intent to construct a maximum of 224 market rate and GAP residential units on the Property. B. The Property is located within Vincentian Mixed-Use Subdistrict within the Future Land Use Element of the Growth Management Plan (the "GMP"). C. Pursuant to Collier County Ordinance No. 15-3S, the Property is zoned Vincentian Village MPUD (the "PUD"). NOW, THEREFORE, in consideration of the approval and grant of the density set forth in the GMP and PUD, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as follows: 1. The above Recitals are true and correct and are incorporated herein by reference. 2. The Developer agrees that a minimum of 40%, as further described in Exhibit "C" attached hereto of the dwelling units constructed above the allowable base density of 3 units per acre shall be offered first to persons who qualify for GAP Housing (persons earning between 81% and 150% of the Naples-Marco Island Metropolitan Statistical Area [MSA] annual median income at the time of income qualification). 3. In lieu of an identified sales price for the GAP Housing units, a range of prices has been established, subject to the provisions in Exhibit "C"; and the pricing shall be based upon the qualified buyer's income to spend no more than 30% of their qualified income for principal, interest, taxes and insurance at the time of purchase. The Developer shall designate the units it intends to offer to those qualifying for GAP Housing. INSTR 5135445 OR 5163 PG 1299 1 RECORDED 6/15/2015 9:57 AM PAGES 13 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $112.00 913 4. Initial Offering: The GAP Housing units shall be marketed for purchase by persons qualifying for GAP Housing for 2 years from the date of issuance of the certificate of occupancy (CO) for Gap Housing unit. In the event a qualified buyer for the unit has not signed a contract for purchase within the 2 year period, the developer may sell the unit to a non GAP Housing qualifying purchaser. 5. Resale: If a unit is initially sold to a person qualifying for GAP Housing, the above GAP Housing requirement to market the unit for purchase by persons qualifying for GAP Housing shall exist for a period of five years from the date of issuance of CO for that Gap Housing unit. 6. Hardship: In the case of resale of a designated GAP Housing unit, the requirement to market a unit for purchase by persons qualifying for GAP Housing for five years may be waived by the Board of County Commissioners in its sole discretion if one or more of the following hardship conditions exists: • The owner is transferred to, or otherwise obtains employment in, a location more than 50 miles from the Vincentian Village MPUD. • If a unit is listed for resale by person(s) qualifying for GAP Housing for a period of 365 days without the unit selling to a person qualifying for GAP Housing. The 365 day reservation period commences on the date the unit is offered for resale. • 50% or more reduction in employment hours or salary or earnings by employer(not a result of owner's actions/requests). • Documented on-going loss of 50% or more of child support payment for more than 90 days. • Out of work due to medical for more than 90 days and without pay or 50% reduction in pay. • Fire and or damage to 50% or more of the unit. • Active military deployment or transfer. • Family divorce • Unexpected financial loss due to burglary/cyber crime resulting in theft of more than 50% of the owners funds at the time of the loss. 2 0 98 • Loss of 50% or more of the family income due to death of family member (spouse, domestic partner, father, mother, child, siblings, grandchild, grandparents). • Any additional hardship as approved by the Board of County Commissioners. A written request for hardship waiver from the requirement to reserve a unit for purchase by persons qualifying for GAP Housing for five years shall be submitted to the County Manager or designee by the unit owner. Such request shall indicate the nature of the hardship and provide reasonable evidence of such hardship as may be requested by the County Manager or designee. 7. Compliance: The Developer shall provide an annual written compliance report to Collier County Community and Human Services Division (CCHSD) commencing with the issuance of the first CO for a residential dwelling unit identified to be offered to those who qualify as GAP Housing. This requirement shall conclude when the required number of units have been purchased by persons qualifying for GAP Housing or are sold to others under the provisions herein, whichever occurs first. The report shall include a summary related to the sale of units to persons who qualify for GAP Housing, and the number of such units sold during the reporting period and in total. Conditions set forth herein related to the resale of such units shall be set forth in the purchase agreement or other legal document as may be acceptable to the County Attorney. Compliance related to resale of such units shall be the responsibility of the unit owner. CCHSD shall periodically monitor the developer to ensure proper gap housing availability and income certification procedures have been followed. The annual progress and monitoring report shall, at a minimum, require additional information reasonably helpful to ensure compliance with this section and provide information with regard to GAP Housing in Collier County. Failure to complete and submit the monitoring report to the County Manager or his designee within 60 days from the due date will result in a penalty of up to $50.00 per day per incident or occurrence unless a written extension not to exceed 30 days is requested prior to expiration of the 60-da submission deadline. ( c VX✓cir II ill ✓�' �1 f 001AJ,iI k gcc 1�� Y 11\ CA-b1i✓S dr it C /1)refoir•iii. oo14)(c-' Wl �� ill ///),e,b4c,3 CI) 98 8. Income Verification and Certification: The determination of eligibility of GAP Income families, as determined by the developer or developer's agent, to buy and occupy GAP Housing units is as follows: (1) submittal of an application by a buyer; (2) verification of family income; and (3) execution of an income certification. All three shall be accomplished prior to a buyer being qualified as an eligible family to purchase and occupy a GAP Housing unit within the Development. No person shall occupy a GAP Housing unit prior to being income qualified by the Developer. • The Developer shall be responsible for accepting applications from buyers, verifying income and obtaining the income certification for its development and documentation must be provided to the County Manager or his designee prior to qualification of the buyer as a GAP Income family. The County Manager or his designee shall review all documentation provided, and may verify the information provided from time to time. Prior to occupancy by a qualified buyer, the developer shall provide to the County Manager or his designee, at a minimum, the application for GAP Housing qualification, including the income verification form and the income certification form, and the purchase contract for that qualified buyer. Random inspections to verify occupancy in accordance with this section may be conducted by the County Manager or his designee. • Application. A potential buyer shall apply to the Developer, owner, manager, or agent to qualify as GAP Income for the purpose of occupying a GAP Income unit. The application for GAP Housing qualification shall be in a form provided by the County Manager or his designee and may be a part of the income certification form. • Income verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income (including the entire household). The written verification form shall include, at a minimum, the purpose of the verification, a statement to release information, employer verification of gross annual income or rate of pay, number of hours worked, frequency of 4 GP 9E1 pay, bonuses, tips and commissions and a signature block with the date of application. The verification may take the form of the most recent year's federal income tax return for the potential occupants (including the entire household), a statement to release information, and a signature block with the date of application. The verification shall be valid for up to 90 days prior to occupancy. Upon expiration of the 90-day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. • Income certification. Upon receipt of the application and verification of income, an income certification form shall be executed by the potential buyer (including the entire household) prior to sale and occupancy of the GAP Housing unit by the owner. Income certification that the potential occupant has a household income that qualifies the potential occupant as an eligible family to buy and occupy a GAP Housing unit. The income certification shall be in a form provided by the County Manager or his designee. • When the Developer advertises, sells or maintains the GAP Housing unit, it must advertise, sell, and maintain the same in a nondiscriminatory manner and make available any relevant information to any person who is interested in purchasing such gap housing unit. The Developer shall agree to be responsible for payment of any real estate commissions. The GAP Housing units in the development shall be identified on all building plans submitted to the County. The GAP Housing units can be re-designated throughout the development from time to time so long as the developer notifies the County Manager or designee in writing. (1) The Developer shall not disclose to persons, other than the potential buyer, real estate agent, or lender of the particular gap housing unit or units, which units in the development are designated as GAP 5 CP 98 Housing units. The, construction and design of the GAP Housing units shall be the same as other market rate dwelling units in the development which have the same square footage. The affordable housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. (2) This Agreement shall constitute covenants, restrictions, and conditions which shall be a deed restriction on the unit until the requirement to release the restriction has been met whereby the deed restriction shall cease to exist. 9. The following provisions shall be applicable to the GAP Units: (1) Defined terms: In the event of a conflict between terms as defined in the Land Development Code (LDC) or in the PUD Ordinance, the definitions of the LDC will control when applying or interpreting this Agreement. (2) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples-Marco Island MSA, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Exhibit "B", which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median Income. 10. Occupancy Restrictions. No GAP Housing unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 11. Violations. It shall be a violation of this Agreement to sell, rent or occupy, or attempt to sell, rent or occupy, a GAP Housing unit except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Community and Human Services Department or by any other person(s) within the County. Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement for a breach or violation of this 6 CP 9B Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. 12. Certificate of Occupancy. In the event that the Developer fails to maintain the GAP Housing units in accordance with this Agreement, as it may be amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement, as it may be amended. 13. Assignment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission. The Developer shall provide written notice to the County of the assignment to a successor in interest to the property and shall be relieved of any further obligations under this Agreement. The written notice to the County shall include the successor's acknowledgment that it is bound by the terms of this Agreement. 14. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the Parties. 15. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by email, mail, postage prepaid, to the Parties at the following addresses: a. Collier County Community and Human Services Department 3339 Tamiami Trail East, Suite 211 Naples, Florida 34112 b. Global Properties of Naples, LLC c/o Christopher Shucart 2614 Tamiami Trail North, Suite 615 Naples, FL 34103 7 CA 93 Any Party may change the address to which notices are to be sent by notifying the other Party of such new address in the manner set forth above. 16. Indemnify. The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of litigation and judgments arising out of a claim, willful misconduct or negligent act, error or omission, or liability of any kind by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. 17. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time until the date that is five years from the date of issuance of the Certificate of Occupancy for the 1st residential unit in the PUD. However, the Parties agree that if Developer transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations 18. Recording. This Agreement shall be recorded at Developer's expense in the official records of Collier County, Florida. 19. Entire Agreement. The Parties hereto agree that this Agreement constitutes the entire Agreement between the Parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 20. Termination. The minimum number of GAP Housing units for sale or rent shall be deed restricted to remain and be maintained as the required affordable housing for a period of five (5) years from the date of issuance of the Certificate of Occupancy for the 1st residential unit in the PUD subject to the provisions contained herein. 21. Modification. This Agreement shall be modified or amended only by the written agreement of both Parties. 22. Discrimination. 8 98 a. The Developer agrees that neither it nor its agents shall discriminate against any owner, potential owner, renter or potential renter because of said owners race, color, religion, sex, national origin, familial status, or handicap. b. When the Developer advertises, sells, rents or maintains the GAP Housing units, it must advertise sell, rent and maintain the same in a non-discriminatory manner and shall make available any relevant information to any person who is interested in purchasing or renting such GAP Housing. c. The Developer agrees to be responsible for payment of any real estate commissions and fees for which it is liable in the purchase, sale and rental of GAP Housing units. d. The GAP Housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. 23. Phasing. The percentage of affordable housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. 24. Disclosure. The Developer shall not disclose to persons, other than the potential buyer or lender of the particular GAP Housing unit or units, which units in the development are designated as GAP Housing units. 25. GAP Housing Agreement. This Agreement is distinct and separate agreement from "development agreements" as defined by Section 163.3220, Fla. Stat., as amended. 26. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and the Land Development Code Regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of GAP Housing units and the amount of GAP Housing approved for the development 27. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 9 C Aoo 96 28. Further Assurances. The Parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in order to effectuate the intent of the Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of this Agreement. . 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 an Y: By: Ve ut Clerk Tim Nance , Chairman signature only, WITNESSES: Global Properties of Naples, LLC Print Name: <' A- r l/ y f 01-41.) By: M a,1055\lt Me.r,be.r- Print Name: dln,,, vt6i) Approved as to form and legality STATE OF Assistant County rney p, \I- COUNTY COUNTY OF FLORIDA(y 1/, -�`� The foregoing instrument was acknowledged before me this day of d(Apt_ , 2015, bye'lri as /1-Aa,-,---5,1,41Mix12.-1' of 6-/4.. I P f p 5 N 7fe�� L�G- , who is [r- personally knoto me, or [ ] has produced river's license no. as identification. NARCISO DOMINGO NOTARY PUBLIC NOTARY PUBLIC STATE OF FLORIDAI (SEAL) w` Iy.0=Compri#FF192487 Name: �I �° '"`Ca �` E 19% Expires 3/9/2019 (Type or Print) 10 CA 98 EXHIBIT A VINCENTIAN VILLAGE MPUD LEGAL DESCRIPTION A parcel of land located in Section 32, Township 50 South, Range 26 East, Collier County, Florida,being more particularly described as follows: A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND RUN SOUTH 02°48'46" WEST ALONG THE EAST LINE OF SAID SECTION 32, A DISTANCE OF 1718.03 FEET TO AN INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41 (TAMIAMI TRAIL) AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 02°48'46" WEST ALONG SAID EAST LINE OF SECTION 32, A DISTANCE OF 884.02 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 32 AND THE NORTH LINE OF LOTS FORMERLY IN TRAIL ACRES UNIT 3 AS RECORDED IN PLAT BOOK 3, PAGE 94 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (VACATED BY INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 189, PAGE 792); THENCE RUN NORTH 87°30'18" WEST ALONG SAID FORMER NORTH LINE OF TRAIL ACRES UNIT 3 AND THE NORTH LINE OF TRAIL ACRES UNIT 4 AS RECORDED IN PLAT BOOK 7, PAGE 103 OF SAID PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, A DISTANCE OF 695.96 FEET; THENCE RUN NORTH 39°04'37" WEST ALONG SAID NORTH LINE OF TRAIL ACRES UNIT 4 AND THE NORTH LINE OF SAID TRAIL ACRES UNIT 3, A DISTANCE OF 1081.98 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SOUTHWEST BOULEVARD; THENCE RUN NORTH 50°56'59" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1007.85 FEET TO AN INTERSECTION WITH SAID SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41 (TAMIAMI TRAIL); THENCE RUN SOUTH 39°03'26" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 77.05 FEET TO THE POINT OF CURVATURE OF A CURVE BEING CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 3210.55 FEET, A CENTRAL ANGLE OF 14°34'44" AND A CHORD BEARING AND DISTANCE OF SOUTH 46°20'49" EAST, 814.73 FEET, RESPECTIVELY; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE AND THE SOUTHERLY RIGHT-OF-WAY LINE, AN ARC DISTANCE OF 816.93 FEET TO THE SAID POINT OF BEGINNING. Subject to easements, reservations or restrictions of record. CA 9B Exhibit B FY 2015 Income Limits Summary Median Persons in Family FY 2015 Income Income FY 2015 Income Limit Area Limit Category Explanation 1 2 3 4 5 6 7 8 Very Low(50%) Income Limits($) 23,300 26,600 29,950 33,250 35,950 38,600 41,250 43,900 Explanation Extremely Low Naples-Marco $66,500 Income Limits($)* 14,000 16,000 20,090 24,250 28,410 32,570 36,730 40,890 Island, FL MSA Explanation Low(80%)Income Limits($) 37,250 42,600 47,900 53,200 57,500 61,750 66,000 70,250, L.pianat,on Exhibit "C" 9 B The Developer agrees that a minimum of 40% of the dwelling units constructed, above the base density of 3 units per acre, shall be offered first to persons qualifying for Gap Housing (persons earning between 81% and 150% of the MSA as further defined above) subject to the above conditions. The percent of Gap Housing dwelling units shall be marketed as follows during the Initial Offering period: 1) Group A: A minimum of 34% of the Gap Housing units built shall be reserved and priced for a qualified buyer(s) earning 81%to 99.9% of the MSA. 2) Group B: A minimum of 33% of the Gap Housing units built shall be reserved and priced for for a qualified buyer(s) earning 100%to 119.9% of the MSA. 3) Group C: The developer may elect to sell more units in groups A and/or B than are required. A minimum of the remaining percentage of the total Gap Housing units built shall be reserved and priced for a qualified buyer(s) earning 120%to 150% of the MSA. By way of example: Example 1: A three person household earns a total household income of$50,000 annually (Group A) and can therefore spend no more than$15,000 annually on the above defined household expenses. Assuming the following: a down payment of 5%, a 4% interest rate, a 30 year amortization, $1,400 per year in property insurance, and $2,422 per year in property taxes, the qualified buyers could qualify to purchase a designated Gap Housing unit in the development at a sale price of$205,300. Example 2: A four person household earns a total household income of$68,000 annually (Group B) and can therefore spend no more than $20,400 annually on the above defined household expenses. Assuming the following: a down payment of 5%, a 4% interest rate, a 30 year amortization, $1,400 per year in property insurance, and $3,385 per year in property taxes, the qualified buyers could qualify to purchase a designated Gap Housing unit in the development at a sale price of$286,900. , ; r i 1 : 98 4 __t- ?I , .....1 ‘i, (5; ; „_.....; __..... , *---- 1 , u 1 1 0 ii 1 1 1 9r.- __+.4 . 1 _____. /4)1 (..); r 7 gi , ....g. i 13/ 6 I GT) 1 L4 ' 1 I ! 1 . , ; 1 1 elil tt--.4 I i t i 1 1 tl I ! 1 1 1 I i I , ! ; "'N r . 1 , 1 ! 1 1 z 1 , , 1 , 1 i 1 I i 1 , i 1 .........! 2 a 4 1 1 1 I 1 1 , , ,,..,....._......m....„.,..,,,.,,.,........,_ 1 ; 1 I i I 1 I I I It ' ; ! I I I 1 I ! I I I I ; 1 ' 1 I ; I I , 1 I ! I I I I I I I 1 I i ; I . 1 1 I ; I .� m a 9 El - 07 •• a C Q. Fe = = \ - a) m F� _ A - ca a =, cum - 8como L 0m � gnmc T vZ __ f 0 Sri aoCU ^� -2 -1 X03 co 2 g- Orn m Ezp m C PO m cs � O W � � )1111 zzoZ = � a .. 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