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Backup Documents 09/13/2016 Item #17B 178 COWER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To:Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: (Display Adv., Location,etc.) Originating Dept/Div: GMD/Zoning Person:Eric Johnson Principal Planner Date:August 16.2016 Petition No (If none.give a brief description)' PL20140000890 Petitioner:(Name&Address):Tim Hancock,AICP Stantec Consulting Services Inc. 3200 Bailey Lane,Suite 200 Naples. FL 34105 Name&Address of any person(s)to be notified by the Clerk's office (if more space is needed.attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date:Tuesday, September 13th,2016. (Based on advertisement appearing 20 days before hearing. Newspaper(s)to be used:(Complete only if important): xxx Naples Daily News Account#068779 Other Legally Required Purchase Order No._g506tb'f�2 LtscL-1t 1(,ogo ZC' Proposed text:(include legal description&common locations&1size: Legal Section Non-Legal Section Companion petition(s).if any&proposed hearing date: Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs. 131-138326-649100-00000 Reviewed By f Date: Division Administrator or Designee List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA:Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note:if legal documents 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 B Other hearings:initiating Division head to approve and submit original to Clerk's Office,retaining a copy file. FOR CLERK'S OFFICE Date Received � 2oI Date of Public Hearing 41' i 3 2zr( Date Advertised 178 Ann P. Jennejohn From: KulakPatricia <PatriciaKulak@colliergov.net> Sent: Tuesday,August 16, 2016 11:54 AM To: Minutes and Records Cc: Ann P.Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; Lang, Ashley; Neet, Virginia; Rodriguez,Wanda;JohnsonEric Subject: Advertisement Request Resend PL20140000890 Attachments: Current Ordinance (Aug 09 2016).pdf; PL20140000890.docx; PL20140000890.pdf Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. This is a resend due to missing documents. Please use this request for advertisement. Patty Kulak Operations Coordinator—Zoning Division Collier County Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 PatriciaKulak@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 17B NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday, September 13th, 2016, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M.. The title of the proposed Ordinance is as follows: The purpose of the hearing is to consider: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Residential RMF-6 zoning district to a Residential Planned Unit Development(RPUD)zoning district for a project known as the Onyx RPUD to allow development of up to 48 single family and/or multi-family dwelling units on property located on the east side of Santa Barbara Boulevard approximately one-half mile north of Rattlesnake-Hammock Road in Section 16, Township 50 South, Range 26 East, Collier County, Florida, consisting of 8.72±acres; providing for repeal of Ordinance No. 06-53 and by providing an effective date. [PUDZ-PL20140000890] A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is 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 Donna Fiala CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia Morgan Deputy Clerk(SEAL) 178 ORDINANCE NO. 16- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RESIDENTIAL RMF-6 ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE ONYX RPUD TO ALLOW DEVELOPMENT OF UP TO 48 SINGLE FAMILY AND/OR MULTI-FAMILY DWELLING UNITS ON PROPERTY LOCATED ON THE EAST SIDE OF SANTA BARBARA BOULEVARD APPROXIMATELY ONE-HALF MILE NORTH OF RATTLESNAKE- HAMMOCK ROAD IN SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.72± ACRES; PROVIDING FOR REPEAL OF ORDINANCE NO. 06-53 AND BY PROVIDING AN EFFECTIVE DATE. [PUDZ-PL20140000890] WHEREAS,Tim Hancock,AICP of Stantec,representing Polly Ave. LLC,petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: SECTION ONE: Zoning Classification. The zoning classification of the herein described real property located in Section 16, Township 50 South, Range 26 East, Collier County, Florida is changed from the Residential RMF-6 zoning district to a Residential Planned Unit Development (RPUD) zoning district for a 8.72±acre project to be known as the Onyx RPUD to allow up to 48 residential dwelling units in accordance with the RPUD Documents attached hereto as Exhibits "A" through "F" and incorporated herein by reference. The appropriate zoning atlas map or maps, as described in Ordinance No. 2004-41, as amended,the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Repeal of Ordinance No.06-53. Ordinance No. 06-53 is hereby repealed in its entirety. [14-CPS-01384] 157 Onyx RPUD\PUDZ-PL20140000890 8/9/16 1 of 2 178 SECTION THREE: Effective Date. 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 ,2016. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk DONNA FIALA, Chairman Approved as to form and legality: \ t\\$ Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A—Permitted Uses Exhibit B—Development Standards Exhibit C—Master Plan Exhibit D—Legal Description Exhibit E—Deviations Exhibit F—Developer Commitments [14-CPS-013841 157 Onyx RPUD\PUDZ-PL20140000890 8/9/16 2 of 2 178 EXHIBIT A FOR ONYX RPUD PERMITTED USES: This 8.72 acre residential project shall be developed with up to 48 residential dwelling units, through utilization of Transfer of Development Right (TDR) credits, or up to 35 residential dwelling units without the use of TDR credits and may be developed with single family, townhouses, multifamily, or a mixture of the three, subject to the development standards contained herein. The project density will be a maximum of 5.5 residential units per gross acre. Prior to SDP and/or plat approval for dwelling units in excess of the 35 base units, the owner must provide documentation that the required number of TDR credits have been redeemed to permit the additional 13 dwelling units for a maximum dwelling unit count of 48. The owner must provide the necessary individual TDR credit tracking numbers for each TDR credit required as a separate exhibit to the SDP and/or plat application titled TDR Credit Verification Sheet. The Master Concept Plan shall be designed to ensure the harmonious placement of all of the uses in a manner that achieves maximum compatibility with the nearby neighborhood, and one that incorporates a uniform plan of development enhanced by complimentary landscape improvements. Residential (RI The maximum number of residential dwelling units shall not exceed 48 units. Residential development will be designed to accommodate single-family, townhouse, or multi- family dwelling types, compatible recreational facilities, essential services and customary accessory 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 primary uses: A. Principal Uses 1. Multi-family dwellings 2. Single-family dwellings, including zero lot line 3. Townhouses 4. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or Hearing Examiner by the process outlined in the LDC. B. Temporary Uses 1. Model units Page 1 of 11 Onyx RPUD PL20140000890 Revised July 29,2016 176 2. Project information and Sales centers 3. Construction administrative offices for the developer and authorized contractors and consultants, including temporary access ways and parking areas. 4. Sales and administrative offices for the developer, project management or managing development association, including temporary access ways and parking areas. C. Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this District. 2. Enclosed Garages and no at grade parking lots except for the amenity center. 3. Guardhouses and Gatehouses 4. Any other accessory use which is comparable in nature with the foregoing list of permitted accessory uses, as determined by the Board of Zoning Appeals (BZA) or Hearing Examiner by the process outlined in the LDC. Amenity Center (ACI A. Principal Uses 1. Community Use Area (inclusive of recreation facilities and maintenance structures) 2. Administration facilities intended to serve the residents and guests of the proposed development. 3. Swimming Pools, Tennis courts and other similar recreational facilities and buildings to serve residents and their guests. 4. Guardhouses and Gatehouses 5. Any other accessory use which is comparable in nature with the foregoing list of permitted accessory uses, as determined by the Board of Zoning Appeals (BZA) or Hearing Examiner by the process outlined in the LDC. B.Temporary Uses 1. Project information and Sales centers Page 2 of 11 Onyx RPUD P120140000890 Revised July 29,2016 178 2. Construction administrative offices for the developer and authorized contractors and consultants, including temporary access ways and parking areas. 3. Sales and administrative offices for the developer, project management or managing development association, including temporary access ways and parking areas. C. Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this District. Preserve (P) A. Principal Uses 1. Preserves. B. Accessory Uses and Structures 1. Non-paved biking, hiking, and nature trails, and boardwalks. 2. Water management structures required by permitting agencies. 3. Native preserves and wildlife sanctuaries. I I I i Page 3 of 11 Onyx RPUD PL20140000890 Revised July 29,2016 — _ _ _ - - 175 EXHIBIT B DEVELOPMENT STANDARDS: Table I below sets forth the development standards for Single-Family and Multi-Family Residential land uses within the proposed Residential Planned Unit Development (RPUD). Standards not specifically set forth within this application shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. TABLE I - RESIDENTIAL DEVELOPMENT STANDARDS MULTI-FAMILY SINGLE-FAMILY AMENITY DWELLING & DWELLING/ZERO CENTER ACCESSORY TOWNHOUSE LOT LINE STRUCTURES (R) (R) (AC) MINIMUM LOT AREA N/A 3,500 square feet N/A N/A MINIMUM LOT WIDTH 60 Feet 35 Feet N/A N/A MINIMUM FLOOR AREA OF 1,400 square 1,400 square feet 750 square N/A BUILDINGS feet (per unit) feet MINIMUM BUILDING SETBACK 70 feet 70 feet NA 35 feet (From Polly Avenue) MINIMUM BUILDING SETBACK 150 feet 150 feet 150 feet 150 feet (From Sunset Avenue) MINIMUM BUILDING SETBACK 30 feet 30 feet 30 feet 30 feet (From Santa Barbara Avenue) MINIMUM BUILDING SETBACK 20 feet 20 feet 20 feet 20 feet (From Adkins Ave ROW) MINIMUM DISTANCE BETWEEN STRUCTURES Principal Structure 25 feet 12 feet N/A Accessory Structure 15 feet 0 or 10 feet 10 feet SPS MINIMUM INTERNAL SETBACKS Front Yard 20 feet 20 feet 20 feet 20 feet Side Yard 20 feet 6 feet, or 0' on one 10 feet 10 feet side and 12'on the other Rear Yard 20 feet 20 feet 20 feet 20 feet SETBACKS FROM LANDSCAPE 10 feet 10 feet 10 feet 10 feet BUFFER EASEMENT (L.B.E) PRESERVE SETBACK 25 feet 10 feet MAXIMUM ZONED HEIGHT 2 stories &35 2 stories &35 feet 1 story & 25 35 feet feet feet 2 stories & 42 1 story & 25 MAXIMUM ACTUAL HEIGHT feet 2 stories &42 feet feet 42 feet Page 4 of 11 Onyx RPUD PL20140000890 Revised July 29,2016 178 Footnotes apply to all tracts and lots in the PUD: 1. If the parcel is directly accessed by a private driveway, setback is measured from the back of curb (if curbed) or edge-of-pavement (if not curbed).This would apply to multi- family development tracts that do not have platted road rights-of-way. 2. Front yard setback from the back of sidewalk to the face of the garage door must be a minimum of 23 feet for internal private roads. 3. All L.B.E's shall be platted as separate tracts or shown as separate tracts on the SDP. 1 1 Page 5 of 11 Onyx RPU)PL20140000890 Revised July 29,2016 1 713 SANTA BARBARA BOULEVARD PROJECT BOUNDARY_� SECTION17 v SECTION 16 17 1 fii;"?) i � + 1 �/ j EX.SIDEWALK Z ail x r \ �irn� G plc a ji: $ '� 1 �J " ?2 3 1 j m m O et oII rr — --Um"- D — — - ;,1/ DI �I < zI It I ! 1 yo S r ...._ › -- NN,v,----",•\ m 6 jf „ m SETBACKS- N o� I o C 10' j c so' m m TYPE'D''�,,r- I'' + p 70 ROW Imo, 4 BUFFER I L SETBADK ��,� ..., i ! \ 1 <m~ 4:,...r.,,- i X 1 1, 1. �— - _ 1 70 I i mm) r ', —� D V I ! A \ A nI a -D I 11J C k _y i O D j r'Z r- 1 4 A ( 1 m D 4 I t^ • < r ii. ZI �,; m A � OW m 0 I ( 1'' v ✓ r Y m j C� i e Y' 8 0 I , , xy �� n n n n n �- n n ,_,_ n n x n j ! PRESERY (PJ fTl . 1 � i Ir...7r..a+»as»a•,. ...:tom.+,.r+.r..,.r L..r �:: ...r.. .< —• PROJECT BOUNDARY SUNSET BLVD(30'ROW) C » m D 2, 2 _, Dm zn I -. OZD ,3. Dv m m 0 m 0720 -1 z - 0 > O * 0 mmo m O mO mzm -1O - m x x n Z Z Z - m Z D m Z > s ( oZ O m ZZ �Op = � Xe N p m"I o m > m - m mzz O z O n O Co > -i > * Dz G co �1Z cn I 0 INz ° zZ -i -o C Gm M -i 0" ° 4'` ° m 1 01 ZOy ° z cn GI c� N m .T m l X M X m .� z -i cn N m v n N rt7 z m m ! D D - I= X to * DD n mg n m M. X M v cn •c) v O D D -im8 z m m D c m 0 C CA m 10 .4,,, -i p N z ° m R1 $ * � 8 -/ m X m -I If; -- r TI O -y 3> Z D 00 pp - o — O XI K 0 rn O r -I 7 r N N r N -v -• O t) W M D I -I ° m XP N M _ _ _ Ox) • ' p . . N O) . W A O m OK3 bo cn I� c., \ \ o 0 0 0 \ O -I `_ m 178 0ri, W 3 n lam m .37.: 1 m U) I 5 n t 4l Z °% C; p D T t�t3� 9 it,,) i r� p E). m g,; z 4 i u, -I, o `T„ m % l) it m X) 46 y 4x ��j y A K 'rr- ` ,M 1) 2 1 1 F. Gf m 13 i R m * dli , ZLMI H m + t I 73 It m; 1 1 m 1. gi I 1 . I • $ I 1 17B EXHIBIT D LEGAL DESCRIPTION: (AS SHOWN IN O.R. BOOK 3864, PAGE 123) PARCEL ONE: EAST HALF (E 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 16,TOWNSHIP 50 SOUTH, RANGE 26 EAST, LESS THE NORTH 30 FEET,THE EAST 30 FEET, AND THE SOUTH 30 FEET,THEREOF, COLLIER COUNTY, FLORIDA. AND PARCEL TWO: WEST HALF (W 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, LESS THE NORTH 30 FEET, AND THE SOUTH 30 FEET,THEREOF, COLLIER COUNTY, FLORIDA. Page 7 of 11 Onyx RPUD P120140000890 Revised July 29,2016 _ - -- 1 78 EXHIBIT E DEVIATIONS: Nothing in this PUD Document shall approve a deviation to the LDC unless it is listed in this Exhibit E. 1. A deviation from LDC Section 6.06.02. A.2 which requires that a 5-foot wide sidewalk be provided on both sides of public and private rights-of-way or easements which are internal to the site, to instead provide a 5-foot wide sidewalk on one side of the private right-of-way as depicted in the master plan (Exhibit C). The sidewalk may only be omitted on one side of a street which is immediately adjacent to the rear of the structures and where no driveway accesses are provided. When residential units front on or have driveway access to both sides of a street, sidewalks shall be provided on both sides of the right of way. Where the sidewalk is omitted, the owner shall install Type D landscape material in its place. A landscape buffer easement is not required for these plantings. 2. A deviation from LDC Section 2.03.07 D.4.g which requires, upon the issuance of approval of a site development plan or subdivision plat that is part of a PUD or DRI, TDR credits and TDR Bonus credits shall be redeemed at a rate proportional to percentage of the PUD or DRI's approved gross density that is derived through TDR credits and TDR Bonus credits, to instead permit the developer to construct all units from base density (35 units) before requiring application of TDR credits. 3. A deviation from LDC Section 6.06.01.N which establishes the minimum right-of-way width of 60 feet be utilized, to instead establish that all internal roadways, if platted, may be reduced to a 50 foot right-of-way configuration in accordance with the right- of-way cross section attached to the Master Plan Exhibit C. Page 8 of 11 Onyx RPUD PL20140000890 Revised July 29,2016 178 EXHIBIT F DEVELOPMENT COMMITMENTS: PROPOSED DENSITY AND TRANSFER OF DEVELOPMENT RIGHTS ITDRI 1. The overall project density is 5.5 dwelling units per acre (48 unit maximum) and will be based upon surveyed acreage (8.72 acres) inclusive of existing right-of-way reservations and or easement dedications. 2. Prior to the approval of an SDP or Plat that includes any units beyond the 35 base units; required TDR credit(s) shall be redeemed from designated and qualified Sending Lands. ATTACHED GARAGE 1. Each dwelling unit shall have an enclosed garage attached to the principal structure. CONSTRUCTION 1. The first floor of each unit will utilize primarily concrete block construction. 2. The minimum unit size shall be 1,400 square feet. 3. Asphalt shingles shall be prohibited as a roofing material 4. The community may be gated as shown on the MCP. No gates shall be allowed within the Adkins Road easement. SOLID WASTE 1. Solid Waste will be provided by curb side pick-up of individual trash receptacles for each dwelling unit. Dumpsters will not be used for solid waste disposal, except during construction. ENVIRONMENTAL 1. Preserve Area Calculation: 7.46 acres (existing vegetation) x 15% = 1.12 acres to be preserved. PUBLIC UTILITIES 1. During the course of Site Development Plan (SDP) design and permitting, the applicant will make reasonable efforts to identify and locate future water connections and a fire hydrant in or near the Adkins right of way to provide future connections for the residents to the east of the project. TRANSPORTATION Page 9of11 Onyx RPUD PL20140000890 Revised July 29,2016 , 178 The development of the land within this PUD shall be subject to and governed by the following conditions: 1. The maximum trip generation allowed by the proposed uses (both primary and ancillary) may not exceed 33 PM Peak Hour, two way trips. 2. The Owner, or its successors and assigns, shall construct a right ingress turn lane at the site's access point on Santa Barbara at the future Adkins Road intersection, which may be placed in the County right of way. A right of way permit will be required and the turn lane and all other improvements will be designed and constructed pursuant to County standards. If the County needs additional right of way now or in the future to accommodate any future turn lane, curbing, traffic signs, street lights, transit stops, sidewalk, drainage and utility improvements determined needed by County including slope and clear zones, owner or its successors and assigns, will convey to County road right of way up to the width and size of the County right of way used by Owner for its right ingress turn lane. Owner or its successors and assigns, will convey the road right of way to County at no cost to County within 60 days of County's written request, free and clear of all liens and encumbrances. County may make more than one request for right of way and owner shall convey the requested right of way to compensate for Owner's use of the County's right of way. Owner, or its successors and assigns, shall have the option to construct a retaining wall, subject to the County's approval of the design and placement, on Owner's property outside of the existing road right of way with handrails to reduce the size of the right of way needed by County. 3. All internal roads, driveways, alleys, pathways and sidewalks, as well as pedestrian interconnections to adjacent developments shall be operated and maintained by an entity created by the developer. Collier County shall have no responsibility for maintenance of any such facilities. LANDSCAPING 1. To ensure adequate visual screening after clearing and removal of exotics from the preserve, the owner shall construct a 6' privacy wall along the east and southern property lines, adjacent to the preserve as shown on the MCP. 2. Hedges proposed in the rear yards, illustrated as the cross-hatched area on Exhibit C - Master Plan and denoted as landscape material consistent with Type "D" Landscape Buffer, are allowed to be maintained in excess of 36 inches in height. LIGHTING 1. Street lighting for the project will utilize flat panel or similar down-lighting fixtures and cut off shields where appropriate to avoid light spill onto adjacent properties and to reduce light pollution and shall be limited to 20 feet in height. Page 10 of 11 Onyx RPUD PL20140000890 Revised July 29,2016 17B MONITORING REPORT One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Polly Avenue. LL . Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owners agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. NOTICE The developer shall include a disclosure in the projects covenants, conditions and restrictions that there are agriculturally zoned properties with farm animals in proximity to the project which may make noise audible to homeowners in the project. MISCELLANEOUS 1. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 2. All other applicable state or federal permits must be obtained before commencement of development. Page 11 of 11 Onyx RPUD PL20140000890 Revised July 29,2016 176 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday,August 16, 2016 1:01 PM To: 'KulakPatricia' Cc: Bosi, Michael; Bellows, Ray; Kendall, Marcia; Lang,Ashley; Neet,Virginia; Gundlach, Nancy;JohnsonEric (EricJohnson@colliergov.net) Subject: Ad requests: PUDZ-PL20150001613, PUDZ-PL20150001416, PUDZ-PL20140002809, PUDZ-PL20140000890 & PUDR-PL20140002211/DOA-PL20140002309 Hi Patty, We received all of the resevtt ad requests for the September 13, 2016 BCC Meeting. I'(( forward the proof(s) frovvt NDN for staff's final approval a.s.a.p. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustwtent Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 From: KulakPatricia [mailto:PatriciaKulak@colliergov.net] Sent:Tuesday, August 16, 2016 12:04 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; Bosi, Michael<MichaelBosi@colliergov.net>; Bellows, Ray <RayBellows@colliergov.net>; Kendall, Marcia <MarciaKendall@colliergov.net>; Lang,Ashley <ashleylang@colliergov.net>; Neet,Virginia <VirginiaNeet@colliergov.net>; Rodriguez, Wanda <WandaRodriguez@colliergov.net>; Gundlach, Nancy<NancyGundlach@colliergov.net> Subject:Advertisement Request Resend PL20140002309 and PL20140002211 Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. This is a resend due to missing documents. Please use this request for advertisement. Patty Kutak Operations Coordinator-Zoning Division Collier County Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 PatriciaKulak@colliergov.net 1 17B Account #068779 Corporate Reference #505868 August 17, 2016 Attn: Legals Naples News Media Group 1100 Immokalee Rd. Naples, Florida 34110 Re: PUDZ-PL20140000890, Onxy RPUD Dear Legals, Please advertise the above referenced notice on Wednesday, August 24, 2016, and send an Affidavit of Publication, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500168029 178 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday, September 13,2016, in the Board of County Commissioner's Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples FL, the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: The purpose of the hearing is to consider: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Residential RMF-6 zoning district to a Residential Planned Unit Development(RPUD) zoning district for a project known as the Onyx RPUD to allow development of up to 48 single family and/or multi-family dwelling units on property located on the east side of Santa Barbara Boulevard approximately one-half mile north of Rattlesnake-Hammock Road in Section 16, Township 50 South, Range 26 East, Collier County, Florida, consisting of 8.72±acres; providing for repeal of Ordinance No. 06-53 and by providing an effective date. [PUDZ-PL20140000890] A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is 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 Commissioner's Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK 176 By: Ann Jennej ohn Deputy Clerk(SEAL) -13 17B Coin `y sof Collier CLERK OF THE CJRCL,.IT COURT COLLIER COUNTYrtQOURT�HOUSE 3315 TAMIAMI TRL E STE 102 Dwight E.Brock-ditFrk of circuit Court P.O.BOX 413044 NAPLES,FL 34112-5324 i NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Audito +.Cistodian of County Funds August 17, 2016 Tim Hancock, AICP Stantec Consulting Services, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 Re: Petition PUDZ-PL20140000890 Dear Petitioner, Please be advised the above referenced petition will be considered by the Collier County Board of County Commissioners Tuesday, September 13, 2016, as indicated on the enclosed notice. A legal notice pertaining to the petition will be published in the Naples Daily News on Wednesday, August 24, 2016. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com 178 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday,August 17, 2016 10:56 AM To: legals@naplesnews.com Subject: PUDZ-PL20140000890 Attachments: PUDZ-PL20140000890.doc; PUDZ-PL20140000890.doc Please advertise the attached on Wednesday, August 24., 2016. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 1 178 Ann P. Jennejohn From: ivonne.gori@naplesnews.com Sent: Thursday,August 18, 2016 8:58 AM To: Ann P.Jennejohn Cc: Ivonne Gori Subject: Ad: 1231067, NOTICE OF PUBLIC HEARING NOTICE OF I Attachments: BCCZONINGD-27-1231067-1.pdf Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist Naples Daily News/USA Today Network 0: 239.213.6061- F: 39.213.6061F: 23 9263.4307 E:ivonne.gori@NaplesNews.cow► A: 1100 Ivvtw►okalee Road I Naples, FL 34110 > Ad Proof i\T r 71aiLtj rw lis Sales Rep:Ivonne Gori(N9103) Phone:(239)262-3161 Email:ivonne.gori@naplesnews.com —11111=111.1111,---- —111111111111=111111 Date:08/18/16 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:505868(N068779) Please confirm placement prior to deadline by contacting your account Company Name:BCC/ZONING DEPARTMENT rep at(239)262-3161. Ad Id:1231067 P.O.No.: Total Cost:$453.02 Contact Name: Email:martha.vergara@collierclerk.com Tag Line:NOTICE OF PUBLIC HEARING NOTICE OF I Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112 Start Date:08/24/16 Stop Date:08/24/16 Phone:(239)774-8049 Fax:(239)774-6179 Number of Times: 1 Class:16250-Public Notices Publications:ND-Naples Daily News,ND-Internet-naplesnews.com I agree this ad is accurate and as ordered. NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday,September 13,2016,in the Board of County Commissioner's Meeting Room.Third Floor, Collier Government Center,3299 Tamiami Trail East,Naples FL, the Board of County Commissioners(BCC)will consider the enactment of a County Ordinance.The meeting will commence at Rall A.N.The title of the proposed Ordinance is as follows: The purpose of the hearing is to consider: An Ordinance of the Board of County Commissioners of Collier County,Florida amending Ordinance No.2004-41,as amended, the Collier County Land Development Code,which established the comprehensive zoning regulations for the unincorporated area of Collier County,Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Residential RMF-6 zoning district to a Residential Planned Unit Development (RPUD)zoning district for a project known as the Onyx RPUD to allow development of up to 48 single family and/or multi- family dwelling units on property located on the east side of Santa Barbara Boulevard approximately one-half mile north of Rattlesnake-Hammock Road In Section 16,Township 50 South, Range 26 East,Collier County,Florida.consisting of 8.72±acres; providing for repeal of Ordinance No.06-53 and by providing an effective date.[PUDZ-PL20140000890) A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested parties are Invited to attend and be heard. NOTE:All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged. • If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and . evidence upon which the appeal is based. If you are a person with ad isability who needs anyaccommodation 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 Commissioner's Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA DONNA FIALA,CHAIRMAN DWIGHT E.BROCK,CLERK By: Ann Jennejohn Deputy Clerk(SEAL) August 24,2016 No.1231067 Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. 17B Ann P. Jennejohn From: Ann P.Jennejohn Sent: Thursday,August 18, 2016 9:35 AM To: JohnsonEric (EricJohnson@colliergov.net); Neet,Virginia; 'KulakPatricia' Subject: Onyx RPUD Petition PUDZ-PL20140000890 Attachments: BCCZONINGD-27-1231067-1.pdf Good Morning, The proof for the Onyx RPUD, scheduled to run in the Naples Daily News next Wednesday, August 24th for the Board's September 13th Meeting, is attached for your review and final approval. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 Original Message From: ivonne.gori@naplesnews.com [mailto:ivonne.gori@naplesnews.covv►] Sent: Thursday, August 18, 2016 8:58 AM To: Ann P. Jennejohn <Ann.Jennejohn@collierclerk.com> Cc: Ivonne Gori <ivonne.gori@naplesnews.com> Subject: Ad: 1231067, NOTICE OF PUBLIC HEARING NOTICE OF I Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist Naples Daily News/USA Today Network 0: 23 9.213.6061 F: 23 9.263.4307 E:ivonne.gori@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 17B Ann P. Jennejohn From: Neet,Virginia Sent: Thursday,August 18, 2016 11:54 AM To: Ann P.Jennejohn Subject: FW: Onyx RPUD Petition PUDZ-PL20140000890 Attachments: BCCZONINGD-27-1231067-1.pdf; RE: Onyx RPUD Petition PUDZ-PL20140000890 Original Message From: AshtovnHeidi Sent: Thursday, August 18, 2.016 11:41 AM To: NeetVirginia Cc: KlatzkowJeff; RodriguezWanda Subject: FW: Onyx RPUD Petition PUDZ-PL20140000890 Approved. Original Message From: NeetVirginia Sevtt: Thursday, August 18, 2.016 10:18 AM To: AshtonHeidi Subject: FW: Onyx RPUP Petition PUDZ-PL2o140000890 For your approval. Pinny Original Message From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierclerk.com] Sent: Thursday, August 18, 2016 9:35 AM To: JohnsonEric; NeetVirginia; KulakPatricia Subject: Onyx RPUP Petition PUDZ-PL20140000890 Good Morning, 1 178 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Thursday,August 18, 2016 10:53 AM To: 'ivonne.gori@naplesnews.com' Subject: RE: 1231067, NOTICE OF PUBLIC HEARING NOTICE OF I This ovte looks great too Ivonne, please publish next Wednesday, August 24, 2016. Thanks again! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Hoard Collier County Board Minutes Sr Records Dept. 239-252-8406 Fax 239-252-8408 Original Message Frowt: ivonne.gori@naplesnews.cow► [wtailto:ivonne.gori@naplesnews.cowtj Sent: Thursday, August 18, 2016 8:58 AM To: Ann P. Jennejohn <Ann.Jennejohn@collierclerk.cowt> Cc: Ivonne Gori <ivonne.gori@naplesnews.covvt> Subject: Ad: 1231-067, NOTICE OF PUBLIC HEARING NOTICE OF I Attached is the docuv►nent you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist Naples Daily News/USA Today Network 0: 23 9.213.6061 F: 23 9.263.4307 E:ivonne.gori@NaplesNews.covvt A: 1100 Iwtwokalee Road I Naples, FL 341-10 3 17B Nap1r 4Battu NrilY5 NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement;and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# BCC/ZONING DEPARTMENT 1231067 NOTICE OF PUBLIC HEA Pub Dates August 24,2016 I orAr,..._ li?2‘ e---r., (Signure of affiant) idllbsilladlrYNONdlholl Sworn to and subscribed before me 1 SZO"'"'a, IVONNE GORI This August 3 2016 1 • ,NollimiliiNotary Public-State of Florida • 1 Commission *FF 900870 ' • % c= My Comm.Expires Jul 16.20194.1,.4 1 R;.�„`* Bonded through National Notary Asan. it-Ott OTOPINIIPIPMPRIIIPTVITIPullworqb (Signatur of affiant) ' W • 1 7 B U 20D Wednesday,August 24,2016 Naples Daily News P gmlimp Notice =mi. Public Nnt ic.,s Lo::,:l Nu:;rv, 0 San Cubs Estates Water Control plotdet NOTICE OF PUBLIC NEARING LEGA NOTICU ke Z Notice WAml Derr ER an eetlori 076 NOTICE OF INTENT TO CONSIDER AN ORDINANCE pe0rtlnerd CO Notice is hereby given that the Board of Supervisors for the San Notice is hereby given that on Tuesday September 13,2016,in Dr.Morris J.Lipnik is pleased to announce his Carlos Estates Water Control District,"the Board,"will hold their the Board of County Commissioner's Meeting Room,Third Floor, retirement from the practice of Dermatology in his offices in Annual Meeting and Election on Tuesday,September 27,2016 at Collier Government Center,3299 Tamiami Trail East,Naples FL, aples and Estero,Florida effective August 15,2016.Patients Z 4:00 p.m.at the Trianon Bonita Bad 3411 Bay Commons Drive, the Board of Cemdy Commissioners(BCC)will consider the continue to be seen by the previous staff together with Dr. Bonita Springs,Florida.The halls will openat 4:00 p.m.and close enactment of a County Ordinance.The meeting will commence Joel Waltzer and Dr.Robert Ellers.Ir.of Dermatology Naples, ' when voting is completed.The annual landowners'meeting will at 9040 A,M.The title of the proposed Ordinance is as follows: located at 1108 Goodlette Road North,Naples,Florida 34102. Q begin at 7:00 p.m.,or as soon as the ballots are counted from Appointments or medical records can be obtained by contacting 0) the election. The purpose of the hearing is to consider: Dermatology Naples at 239-434.0303. Many thanks for your W patronage d support throughout the years. E The pang of the meeting is t0 lect ne(I) pervisor, An Ordinance of the Board of County Commissioners of Collier August]0.31,and September 7&14,2016 No.1236967 tho will se ve a one-year term in the seat current)y held by County,Florida amending Ordinance at.2004.41,an amended, co I Supervisor John Nickerson. Further,the Board III discuss: the Collier County Land Develoanent Cooe,which establishetl the work performed during the fiscal year 2015-2016;the 2016- the comprehensive zoningregulations for the unincorporated Pi,hli.'NON,PS V 2017 annual budget;the annual engineers'reygrt;supervisors' area of Collier County,Floritla by ameneing thhe appropriate Q compensation pursuant to Chapter 298,Florida Statutes;and, zoning atlas map or maps by changing the zoning classification NOTICE OF PUBLIC NEARING W J transact any other business properly coming before the Board. fthe herein described real property from a Mobile Home NOTICE OF INTENT TO CONSIDER AN ORDINANCE All interested persons are invited to attend and be heard. (MH)zoning district t0 a Residential Planned Unit Development )I CO If a would like to vote by mail,you may (RPUD)zoning district for the protect known as Highview Roost Notice is hereby given that on Tuesday,September 13th,2526,In y y contact the District's Road RPUD to allow development of up to 60 Ingle-family the Board of County Commissioners Meeting Room,Third Floor, a1 = office as set out below and either return the ballot by mail or detached dwelling units or 66 single-family attached dwelling Collier Government Center,3299 Tamiami Trail East,Naples FL., bring the ballot to the election y t0 the Annual Meeting, nits on property located on Roost Road,south of Manatee the Beard of Comely Commissbners(BCC)will consider the c 0. The ballots that are mailed in will be publicly opened and then Road in Section 11,Township 51 South,Range 26 East,Colliertment Of a County Ordinance.The meeting will commence anted on Tuesday,September 27,2016 at 4:00 p.m.at the County,Florida,consisting of 21.590/-acres;and by providing at f:NA.M,The title of the proposed Ordinance Is as follows: c LL Trianon Bonita Bay. Candidates,candidate's representatives an effective date.[PUDZ-PL201a0002809J Q O property owners,or any other interested person(s)are invited purpose of the hearing Is to consider: t0 attend to view the opening and counting of the mailed in A copy of the proposed Ordinance is on file with the Clerk to the N ballots. Board d is available for ins0ecti0n.All interested parties are An Ordinance of the Board of County Commissioners of Collier W Should .wish to qualify to run for a supervisors' invited to attend and be heard. County,Florida amending Ordinance No.95-74,the Naples CA you pervisors'position Heritage Golf anountry Club Planned Unit Development < C) in this election,you MUST notify the District of your intent in NOTE:All persons wishing to speak on any agenda item must and amending Ordinance No.2004.41,the Collier County Land 0) I writing at: register with the County managerprior t0 presentation of Development Code,by amending the appropriate zoning atlas L e agena item to be addressed. lndividual speakers will be maps by changing the zoning classification of an Q !'"' San Carlos Estates Water Control District limited 003 minutes on any item.The selection of any individual additional 5.210 acres of land zoned Rural Agricultural(A)to R N O P.0.800367807 to speak on behalf of an organization or group is encouraged. Naples Heritage Golf and Country¢Club PUO;by revising the Bonita Springs,FL 34136 If recognized by the Chairman,a spokesperson fora group or property description;by adding a creation area to Tract A'by Z Z a Z OR organization may be allotted 10 minutes to speak an an item. revising development standards;by amending the Master Plan; Email:Julia Roberts,Secretary/Treasurer for the District:Julia, by adding a tennis center conceptual site plan and a landscape a roberts@scewcd.org Persons wishing to have written or graphic materials included in buffer exhibit;and providing effective date.The subject OR the Board agendapackets must submit said material a minimum property,consisting of 5630 acres,is located south ofDavisContact Julia Roberts,Secretary/Treasurer for the District,at of 3 weeks prior 0 the respective public hearing In any case Boulevard and west of Collier Boulevard In Sections 0,0,9 and ,, (239)495-4699, written materials intended to be considered by the Board shall 10,Township 50 South,Range 26 East,Collier County,Florida. e submitted to the appropriate County staff a minimum of [PUD2-PL201500014161 U) The notice 51 Intent to qualify must be received on or before seven days prior t0 the pahlit hearing.All materials used in 3etstemle 12,2836 at 5.00 Dm. presentationspbefore the Board will become a permanent part A copy of the proposed Ordinance is on file with the Clerk t0 the 0 Voters in the supervisor's election must f the record. Board and is available for Inspection.All interested parties are C present a picture I.D.to invited to attend and be heard. properly authenticate his or her qualification as a voter in the Any person who decides to appeal any decision of the Board 0 District election.Also,please be advised that assessments for 11 need a record of the proceedings pertaining thereto and NOTE:All persons wishing to peak on any agenda item must N the previous year must be paid In order to be entitled t0 vote therefore,may need to ensure that a verbatim record of theregister with the County managerprior to presentationof pursuant to Section 298.12,Florida Statutes. Accordingly N roceedings Is made,which record includes the testimony and e agenda item to be addrsd. Individual speakers will e yyes paidyour Mtune after August 15,2816,please bring proof of evidence upon which the appeal is based. limited to 3 minutes on any item.The selection of any individual If yeaareapersonwithadisabilltywht needsan to speak an behalf of an organization or group Is encouraged. ♦� yaccommolation If recognized by the Chairman,a spokesperson for a group or CIf a person decides t0 appeal any decision made by the Board order to participate in this proceeding you are entitled,at organization may be allotted 10 minutes to speak on an Item. L with respect to any matterconsidered of the above referenced no cost to you,t0 the provision of certain assistance. Please Cl.) Q 0 meeting,that person will needeeda a record of the proceeding andonfact the Collier County Facilities Management Division, Persons wishing to have written or graphic materials included In may need t0 ensure that a verbatim record of the proceeding is located at 3335 Tamiami hall East.Suite 101.Naples,R 34112- the Board agenda ackets must submit said material a minimum (n I made,which record includes the testimony and evidence upon 5356,(239)152-8380,at least two days prior to the meeting. of 3 weeks prior tothe respective public hearing.In a e ›+ C Q- which the appeal is to be based. Assisted listening devices for the hearing Impaired are available written materials intended to be considered by the Board shall I e) o 'cin the Board of County Commissioners Office. be submitted to the appropriate County staff a minimum of _ SPECIAL REQUIREMENTS: IF YOU REQUIRE SPECIAL AID OR seven days prior to the SERVICES AS ADDRESSED IN THE AMERICAN DISABILITIES ACT, BOARD OF COUNTY COMMISSIONERS public hearing.All maatedals used in i. > 0) C.) Cl)FPLEASE CONTACT THE DISTRICT'S TREASURER AT(239)495- COLLIER COUNTY,FLORIDA of the reecorrds before the ll5are will become permanent part HEARING DATE. DONNA FIVE(51 DAYS PRIOR TO THE ABOVE STATED DONNA FIALA,CHAIRMAN Any person who decides to appeal any decision of the Board < will need a record of the proceedings pertaining thereto and San Carlos Estates Water Control District DWIGHT E.BROCK.CLERK herefore,may need to ensure that a verbatim record of the Bonita Springs,Florida By:Ann len john proceedings Is made.which record Includes the testimony and August 24,2016 No.1235323 Deputy Clerk(SEAL)" evidence upon which the appeal is based. IIP Au ust 20.2036 No.1233060 If yo u a rea pets on w it h a d isabi l ity wh o need s any atcom m odat i0 n Pi ihlir Nnti�.•. In order to participate in this proceeding,you are entitled,of NOTICE OF PUBLIC HEARING st t0 you,t0 the provision of certain assistance.Please It) NOTICE OF INTENT TO CONSIDER A RESOLUTION and AN NOTICE OF PUBLIC NEARINGantact the Collier County Facilities Management Division, ORDINANCE NOTICE OF INTENT TO CONSIDER AN ORDINANCE ee located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112- 10 5356,(239)252-8380•at least two days prior to the meeting. Notice is hereby to Notice is hereby given that on Tuesday September 13,2916•in y given that on Tuesday September Blitz 2016•In Assisted listening devices far the hearing impaired are available the Board of County Commissioner's Meeting Room,Thine Floor, the Board of County Commissioners Meeting Room,Third Flo0r, in the Board of County Commissioners Office. 0 Collier Government Center,3299 Tamiami Trail East.Naples FL, Collier Government Center,3299 Tamiami hail East,Naples FL., (v) the Beard of Comely Commissioners(BCC)will consider the the Board of County Commissioners(BCC)will consider the n ctment of County Ordinance and Resolution.The meeting enactment of a County Ordinance.The meeting will commence BOARD OF COUNTY COMMISSIONERS 0) will commencea at 9,004.M.A,M.The title of the proposed Ordinanceat YMA.M.The title of the proposed Ordinance is as follows: COLLIER COUNTY,FLORIDA and Resolution is as follows: r• n The purpose of the hearing is to consider: DONNA FIALA,CHAIRMAN CO The purpose of the hearing is to consider: )( An Ordinance of the Board of County Commissioners of Collier DWIGHT E.BROCK,CLERK Q A Resolution amending Resolution Number 95.71(Development County,Florida amending Ordinance No.2014.34•the RMC- By:Ann lennejohn Ordeamended,forthe Pelican Marsh Development Enclave Residential Planned Unit Development,and amending Deputy Clerk(SEAQ f o.95-O1),as Regional Impact("DRI')located in Sections 25,27.30.35 and Ordinance No.2004-41,the Collier County Land Development Au•use 24,2016 No.1228663 VI Q Q 36,Township 48South,Ran e25 East..Seei0n31,Township 48 Code,by amending the apy opriate zoning atlas map or maps by -- (S, U south,Range 26 East In Collier County Florida by providing for: changing the zoning classification of an additional 12.17d acres Pi blitip - - Section One•Amendments to Devel0 ant Order by addin 43.2 f land zoned Community Facility Plannetl Unit Development - ▪ Z CV Z • sto the DRI;by revisingg Exhibit'PD"ane Map"H3"contained (CFPUD)known as the Grace Romanian Baptist Church of Naples in the DRIDevelopmeM Orderto add 43.2 acres to the DRI and an CF%ID to the Residential Planned Unit Development(RPUD) NOTICE OF PUBLIC HEARING L andpoint on Livingston Road;and by Increasing the reserve g district known as the RMC-Enclave RPUD'by adding 48 NOTICE OF INTENT TO CONSIDER AN ORDINANCE right of way:Section Two,Firstling of Fact;Section Three residential dwelling units fora total of 162 residential dwelling Conclusions of Law;and Section Four,Effect of Previously Issued units or by adding 350 group housing units fora fatal of 500 Notice Is hereby given that on Tuesday,September 13,Z016.in n Development Orders,Transmittal t0 Department of Econamlc group housing units;by amending the master plan;by repealing the Board of County Commissioner's Meeting Room,Third Floor, Opportunely and Effective Date.(Petition DOA-M.20140002309) Naplesnte No.11-18•the Grace Romanian Ba0tisf Church of Collier Government Center,3299 Tamiami Trail East,Naples Fl, Naples c is 100 and by providing an effective date.The subject the Bond of County Commissbmrs(BCC)will consider the E And Companion Item property is located at the northwest quadrant of Learning Lane enactment of a County Ordinance.The meeting wicommence and tivin sten Road,in 5ecti0n 13,Township 4Rang 25 at 9y)A,M_The title of the proposed Ordinance is as follows: An Ordinance of the Board of County Commissioners of Collier East,Collier County,Florida consisting of 40.55050 acres.[PURL O Z 0 County,Florida amending Ordinance No.2002-71,the Pelican PL201500016131 The purpose of the hearing is to consider: Marsh Planned Unit Development,and amending Ordinance No. Q" the a1,theCollier CountyLand Developmes Code.hen inding A copof the proposed Ordhance is on file with the Clerk to the An Ordinance of the Boartl of County Commissioners of Collier E C T the appropriate zoning atlas map maps by changing the Board d is available for inspection.All interested parties are County.Florida amending Ordinance No.2004.41,as amended, 0 zoning classification of a additional 43.20 acres of land zoned Invited to attend and be heard. the Collier h County Land_Development Code,which established Rural Agricultural(A)t0 te Pelican Marsh PUD;by amending the comprehensive zoningregulations for the he unincorporated L the Planned Unit Development document and the Master Plan NOTE:All persons wishing to speak on any agenda item must are of Collier County Florida by amending the appropriate Z 0) 0) 0 to add Rl district parcels for 66 single family dwelling units;by register with the County manager prior to presentation f zoning atlas map or maps byychanging the zoning classification • Ping a scrivener's error in the PUD Master Development the,agena item to be addressed.Individual speakers will be f the herein describetl al property from the Resitlential 'Q u) N Q PlantoOrdinance No.2002.71 which omitted 141.6 acres east limited to 3 minutes on any Item.The selection of any individue RMF.6 zoning&stria to a Resideeie Planned Unit Development < f Livingston Road;by adding an access point to Livingston fp speak on behalf of an organization or group is encouraged. (RPUD)zoning district far a project known as the Onyx RPUD U Road;eproviding development standards ler the RI district; If rec0Bnizetl by the Chairman,a spokesperson fora group or to allow development of up to 48 single family and/or multi- by increasing the reserve and right of way;and by pravitling an organization may be allotted 10 minutes to speak on an item. family dwelling units on property located On the east side of effecive ate.The property to be added to the PUD is located Santa Barbara Boulevard approximately one-half mile north of In the northeast quadrant of Livingston Road and Vanderbilt persons wishing to have written or graphic materials Included in Rattlesnake-Hammock Road in Section 16,Township 50 South, Beach Road in Sed as 31,Township 48 South,Range 26 Et• the Board agendapackets must submit said material a minimum Range 26 East,Collier County Florida,consisting of 8.722 acres; Collier County,Florida consistinq f 2.256.80 acres for the entire of 3 weeks prior the respective public hearing In any case providing for repeal Of Ordinance No.0653 and by providing an Pelican Marsh PUD.(FUDR-PL20140002211) written materials intended to be considered by the Board shah effective date.[PUDZ-PL20140000890] bsubmitted the appropriate County staff a minimum of A copy f the proposed Ordinance and Resolution is on file seven days prior to the public hearing.All materials used in Acopy of the proposed Ordinance is on file with the Clerk to the with the Clerk to the Board and is available for inspection.All Presentations f the reattiions before the Board will become a permanent part Board and is available for inspection.All interested parties are interested parties are invited t0 attend and be heard. Invited to attend and be heard. NOTE:All persons wishing to peak on any agenda item must Any person who decides to appeal any decision of the Board NOTE:All persons wishing to speak on any agenda item must register with the Count'managerprior t0 presentation of will need a record of the proceedings pertaining thereto and register with the County manager prior to presentation of e agenda Nem to be addrsd. ndividual speakers will be therfore,may need to ensure that a verbatim record of the he agena item to be addressed.rIndividual speakers will be limited t0 3 minutes on any item.The selection of any individual Proceedings di ceedings Is made,which record includes the testimony and limited to 3 minutes on any item.The selection of any individual to speak an behalf of an organization or group is encouraged. v dence upon which the appeal is based. to speak on behalf of an organization or group is encouraged. If recognized by the Chairman,a spokesperson fora group or If recognized by the Chairman,a spokesperson for a group or CD organization may be allotted 10 minutes to sneak on an item. Ifveuareapersonwithadisabilltywhoneedsanyaccommodafion organization may be allotted 10 minutes to speak on an item. In order participate in this proceeding,you ance are entitled,at r Persons wishing to have written or graphic materials included in no cost t0o you•t0 the Provisionof certain assist . Please Persons wishing to have written or graphic materials included in the Board agendapackets must submit said material a minimum contact the Collier County Facilities Management Division, the Board agenda packets must submit said material a minimum Oof 3 weeks prior to the respective public hearing.In any case located at 3335 Tamiami Trail East,Suite 101•Naples,Fl 34112. 0f 3 weeks prior to the respective public hearing.In any case, written materials intended to be considered by the Board shall d by thwritten Ilstening tlevites far the hearing Imparted are available be submitted to the approy late County start a minimum of Nseven days prior to the public hearing.All materials used in in the Board of County Commissioners Office. seven days prior to the public hearing.Ali materials used in presentations before the Board will became a permanent part presentations before the Board will become a permanent part {a` I f the record. of the record. BOARD OF COUNTY COMMISSIONERS �L y person who decides to appeal any decision of the Bond COLLIER COUNTY,FLORIDA Any person who decides to appeal any decision of the Board 0 All ed a record of the proceedings pertaining thereto and ill d a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the DONNA FIALA.CHAIRMAN therefore,may need to ensure that a verbatim retard of the proceedings is made,which retard Includes the testimony and proceedings is made,which record includes the testimony and evidence upon which the appeal is based. DWIGHT E.rrejoh CLERK evidence upon which the appeal is based. }I By:Annlennejohn Cl) Ifyou are nusability who needsany accommodation Deputy lerk(SEAU If yordert panti wifhatlisabiliprose needsaouaccommotlatiot ) N In antler to participate in this proceeding,you are entitled,at August 24,2000 u v011155 x r w s .r No.1228709 prtler to parbclpate in this proceeding,you are entitled,at �` = n0 ost t0 you,to the provision of certaiassistance.Pleasen0 cost to you,to the prevision of certain assistance. Please contact the Collier County Facilities Management Division, IIs r z contact the Collier County Facilities Management Division, located at 3335 Tamiami Troll East,Suite 101,Naples,FL 34112- } located of 3335 Tamiami Trail East,Suite 101•Naples,R 34112- =i 5356•(239)252-8380•at least two tlays prior to the meeting. Hate to wait? 5356,(2397 252-8380,a[least two days prior to the meeting. BA lathe listening devices for the hearing impaired are available Assisted listening devices for the hearing impaired are available U3�7( in the Board of County Commissioners Office. Local News when and how In the Board of County Commissioner's Office. YOU want Itl BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS q COLLIER COUNTY,FLORIDA COLLIER COUNTY,FLORIDA y.+ rd ` DONNA FIALA,CHAIRMAN • • DONNA FIALA,CHAIRMAN 'T':`/i vZY DWIGHT E.BROCK,CLERK M 0 DWIGHT E.BROCK CLERK By: Ann lennejohn - •^e,w^".a.a..n.... By:Annlennejohn PA CODeputy Clerk(SEAL) A- it Deputy Clerk(SEAL) August 24,2016 No.1231105 ,, Get now! August 24,2016 No.1231067 13Bu and sell autos fast! I 00050000 IT( W trt NAPIFSNFS.(OM!APPS find local treasures here! D N ! '_t 4 Daily Naplesews Localfieds� }..PIo Bxlii tae ..-.77=-7-‘5:--- --:--------= :131* n Naples Daily News Localfieds 13 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 7 ' 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 Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3 County Attorney Office County Attorney Office 4. BCC Office Board of County Commissioners \r4/ lc} 5. Minutes and Records Clerk of Court's Office 4 idkZ t1,1a 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 Eric Johnson Phone Number 239-252-2931 Contact/ Department Growth Management Depy(ment Agenda Date Item was September 13,2016 fr.," Agenda Item Number 17.B Approved by the BCC Type of Document Ordinance Number of Original Attached / 0 l 6��� Documents Attached PO number or account 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? 'No 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 by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County N/A Attorney's 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 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 signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip 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! _ 7- 8. The document was approved by the BCC on September 13,2016 and all changes 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 attorney verifying that the attached document is the version approved by the 3 BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revis- A t .-•11/30/12 17B MEMORANDUM iI Date: September 16, 2016 To: Eric Johnson, Principal Planner Zoning Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Ordinance 2016-24/PUDZ-PL20150000890 — Onyx RPUD Attached for your records is a copy of the agreement referenced above, (Item #17B) adopted by the Board of County Commissioners on Tuesday, September 13, 2016. If you need anything further, please feel free to contact me at 252-8411. Thank you. Attachment I7B Teresa L. Cannon From: Teresa L.Cannon Sent: Thursday, September 15, 2016 11:28 AM To: countyordinances@dos.myflorida.com Subject: CLL Ordinance 2016-0024 Attachments: CLL20160913_Ordinance2016_0024.pdf SENT BY: COLLIER COUNTY CLERK OF CIRCUIT COURT MINUTES&RECORDS DEPARTMENT SENDER'S PHONE: 239-252-8411 COUNTY: COLLIER(CLL) ORDINANCE NUMBER: 2016-0024 Teresa Cannon, BMR Senior Clerk Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 17B ORDINANCE NO. 16- 2 4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RESIDENTIAL RMF-6 ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE ONYX RPUD TO ALLOW DEVELOPMENT OF UP TO 48 SINGLE FAMILY AND/OR MULTI-FAMILY DWELLING UNITS ON PROPERTY LOCATED ON THE EAST SIDE OF SANTA BARBARA BOULEVARD APPROXIMATELY ONE-HALF MILE NORTH OF RATTLESNAKE- HAMMOCK ROAD IN SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.72± ACRES; PROVIDING FOR REPEAL OF ORDINANCE NO. 06-53 AND BY PROVIDING AN EFFECTIVE DATE. [PUDZ-PL20140000890] WHEREAS, Tim Hancock, AICP of Stantec, representing Polly Ave. LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Zoning Classification. The zoning classification of the herein described real property located in Section 16, Township 50 South, Range 26 East, Collier County, Florida is changed from the Residential RMF-6 zoning district to a Residential Planned Unit Development (RPUD) zoning district for a 8.72± acre project to be known as the Onyx RPUD to allow up to 48 residential dwelling units in accordance with the RPUD Documents attached hereto as Exhibits "A" through "F" and incorporated herein by reference. The appropriate zoning atlas map or maps, as described in Ordinance No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Repeal of Ordinance No. 06-53. Ordinance No. 06-53 is hereby repealed in its entirety. [14-CPS-01384] 157 Onyx RPUD\PUDZ-PL20140000890 8/9/16 1 of 2 1713 SECTION THREE: Effective Date. 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 1341\day of Sep . t , 2016. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK CLERK COLLIER COUNTY, FLORIDA By: Attest-as tPefitatt4114k ONNA FIALA, Chairman signature ori . Appr ed as to form and legality: kst Heidi Ashton-Cicko \ Managing Assistant County Attorney Attachments: Exhibit A—Permitted Uses Exhibit B—Development Standards Exhibit C—Master Plan Exhibit D—Legal Description Exhibit E—Deviations Exhibit F—Developer Commitments „.s.?s ordlncarcP fi!rr4 with the ary c' NV- ^` �' klo ricknov, za i a=7 t re elyed icy [14-CPS-01384] 157y Onyx RPUD\PUDZ-PL20140000890 Cle-1/4 2 of 2 CAC) 178 EXHIBIT A FOR ONYX RPUD PERMITTED USES: This 8.72 acre residential project shall be developed with up to 48 residential dwelling units, through utilization of Transfer of Development Right (TDR) credits, or up to 35 residential dwelling units without the use of TDR credits and may be developed with single family, townhouses, multifamily, or a mixture of the three, subject to the development standards contained herein. The project density will be a maximum of 5.5 residential units per gross acre. Prior to SDP and/or plat approval for dwelling units in excess of the 35 base units, the owner must provide documentation that the required number of TDR credits have been redeemed to permit the additional 13 dwelling units for a maximum dwelling unit count of 48. The owner must provide the necessary individual TDR credit tracking numbers for each TDR credit required as a separate exhibit to the SDP and/or plat application titled TDR Credit Verification Sheet. The Master Concept Plan shall be designed to ensure the harmonious placement of all of the uses in a manner that achieves maximum compatibility with the nearby neighborhood, and one that incorporates a uniform plan of development enhanced by complimentary landscape improvements. Residential (R) The maximum number of residential dwelling units shall not exceed 48 units. Residential development will be designed to accommodate single-family, townhouse, or multi- family dwelling types, compatible recreational facilities, essential services and customary accessory 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 primary uses: A. Principal Uses 1 . Multi-family dwellings 2. Single-family dwellings, including zero lot line 3. Townhouses 4. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or Hearing Examiner by the process outlined in the LDC. B. Temporary Uses 1 . Model units Page 1 of 11 Onyx RPUD PL20140000890 Revised July 29, 2016 r" 17B . 2. Project information and Sales centers 3. Construction administrative offices for the developer and authorized contractors and consultants, including temporary access ways and parking areas. 4. Sales and administrative offices for the developer, project management or managing development association, including temporary access ways and parking areas. C. Accessory Uses and Structures 1 . Accessory uses and structures customarily associated with principal uses permitted in this District. 2. Enclosed Garages and no at grade parking lots except for the amenity center. 3. Guardhouses and Gatehouses 4. Any other accessory use which is comparable in nature with the foregoing list of permitted accessory uses, as determined by the Board of Zoning Appeals (BZA) or Hearing Examiner by the process outlined in the LDC. Amenity Center (AC) A. Principal Uses 1 . Community Use Area (inclusive of recreation facilities and maintenance structures) 2. Administration facilities intended to serve the residents and guests of the proposed development. 3. Swimming Pools, Tennis courts and other similar recreational facilities and buildings to serve residents and their guests. 4. Guardhouses and Gatehouses 5. Any other accessory use which is comparable in nature with the foregoing list of permitted accessory uses, as determined by the Board of Zoning Appeals (BZA) or Hearing Examiner by the process outlined in the LDC. B. Temporary Uses 1 . Project information and Sales centers Page 2 of 11 Onyx RPUD PL20140000890 Revised July 29, 2016 , 1713 2. Construction administrative offices for the developer and authorized contractors and consultants, including temporary access ways and parking areas. 3. Sales and administrative offices for the developer, project management or managing development association, including temporary access ways and parking areas. C. Accessory Uses and Structures 1 . Accessory uses and structures customarily associated with principal uses permitted in this District. Preserve (P) A. Principal Uses 1 . Preserves. B. Accessory Uses and Structures 1 . Non-paved biking, hiking, and nature trails, and boardwalks. 2. Water management structures required by permitting agencies. 3. Native preserves and wildlife sanctuaries. Page 3 of 11 Onyx RPUD PL20140000890 Revised July 29, 2016 I7B EXHIBIT B DEVELOPMENT STANDARDS: Table I below sets forth the development standards for Single-Family and Multi-Family Residential land uses within the proposed Residential Planned Unit Development (RPUD). Standards not specifically set forth within this application shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. TABLE I - RESIDENTIAL DEVELOPMENT STANDARDS MULTI-FAMILY SINGLE-FAMILY AMENITY DWELLING & DWELLING / ZERO ACCESSORY TOWNHOUSE LOT LINE C(AC)R STRUCTURES (R) (R) MINIMUM LOT AREA N/A 3,500 square feet N/A N/A MINIMUM LOT WIDTH 60 Feet 35 Feet N/A N/A MINIMUM FLOOR AREA OF 1,400 square 1,400 square feet 750 square N/A BUILDINGS feet (per unit) feet MINIMUM BUILDING SETBACK 70 feet 70 feet NA 35 feet (From Polly Avenue) MINIMUM BUILDING SETBACK 150 feet 150 feet 150 feet 150 feet (From Sunset Avenue) MINIMUM BUILDING SETBACK 30 feet 30 feet 30 feet 30 feet (From Santa Barbara Avenue) MINIMUM BUILDING SETBACK 20 feet 20 feet 20 feet 20 feet (From Adkins Ave ROW) MINIMUM DISTANCE BETWEEN STRUCTURES Principal Structure 25 feet 12 feet N/A Accessory Structure 15 feet 0 or 10 feet 10 feet SPS MINIMUM INTERNAL SETBACKS Front Yard 20 feet 20 feet 20 feet 20 feet Side Yard 20 feet 6 feet, or 0' on one 10 feet 10 feet side and 12'on the other Rear Yard 20 feet 20 feet 20 feet 20 feet SETBACKS FROM LANDSCAPE 10 feet 10 feet 10 feet 10 feet BUFFER EASEMENT (L.B.E) PRESERVE SETBACK 25 feet 10 feet MAXIMUM ZONED HEIGHT 2 stories & 35 2 stories & 35 feet 1 story & 25 35 feet feet feet MAXIMUM ACTUAL HEIGHT 2 stories & 42 2 stories & 42 feet 1 story & 25 42 feet feet feet Page 4 of 11 Onyx RPUD PL20140000890 Revised July 29, 2016 1713 Footnotes apply to all tracts and lots in the PUD: 1 . If the parcel is directly accessed by a private driveway, setback is measured from the back of curb (if curbed) or edge-of-pavement (if not curbed). This would apply to multi- family development tracts that do not have platted road rights-of-way. 2. Front yard setback from the back of sidewalk to the face of the garage door must be a minimum of 23 feet for internal private roads. 3. All L.B.E's shall be platted as separate tracts or shown as separate tracts on the SDP. Page 5of11 Onyx RPUD PL20140000890 Revised July 29, 2016 r BOULEVARD PROJECT BOUNDARY T SANTA BARBARA1713' f �, . � �, �,-, - �, �, SECTION1 _ �� SECTION 16Q I Eo + I 1 n m + ---:\h-l- F-- ��/ EX.SIDEWALK -1 O t IL-1_4' — — — — p 1 —Co m Z 4 I 1 I m r 1' O N A T MP y e IT, ;m iv_ 0 3 C7 �m ASI > COm j Z X m ll. m /'�f I I- 70 r- Y� I O r D '0 I 1 p O i .1 —___ D — — - y,/// j r T -< > �1 Z / x d ) 1 A 0 O n 4 D SETBACK-o--1 CO A co 71:' I I m D c 10 1 Z4 70, 50' z m m TYPE"D' D i SETBACK ROW I > BUFFER o' I 0 �� - - L1 ...< , v� 0 0 N c Dm� i1 — — '' 1 1 , m , - > — — — — a CA -13 i m A 1 x C I m _m _ o I y CI' � x zi m m z r ' I- 1' m zl \ I p I m Ei z to I I.. >mA I' m 0' 0 C 1 z 1. z (�} M CN r "S 1 D CO I Co N A - �`X A X X A X X A x o A R X X' ... i I PRESERVE(P) rn cn �\� 2 PROJECT BOUNDARY 77” SUNSET BLVD(30'ROW) CT m "\71 -0 c -1 m D x cc. ---1- ""' rn m D c c OI o m m D m m zD O cn CO 0730 z D o Cf) H Z o 5 < O 0. 2„m01- X m z z z -° - m X X z D oocDi� n a O m (Zn = O v1 m o O r p N z �O zD m m D m D m D H O (n r -I o X o m r D N O z 171 1 z Z r 0 W m m K 0) mZCCO " 0J ° cn Z O Z z Om m H - C m i m DH O CO?, Z y c •ero c z o w m m 70 r n o -I n Z7 r\) 20 °) >m �I 1T1 z m D W > m X cn * DD D K D m m z n 7) < Z m m < n C7 171 C7 %U < -D T D 0 • T n = � O p 0) D p °' m rn -< m D > oo z m W -1 -1 m 7J o -I D Co N c0mv z z . C `° _ 1- � p � D m c 0 o - O ry O X z = O r m O D z -I r N N v Ni .— IN -1 O 01 W D 1K� C7 m m 0 D m y H 0 m -� A a m• ti CO m171 p O io a --' A A N O W W O 1'I n N 0 -� °' O 0 op N Ut I. n`• o' O c o e 0\00 o 'co 0 Q z 0 0 0 0 o D D P I- O ra • -1-1..."`-- 45 -r--- ifii) 13 I 1781 in rt. Di 3 rtiM In Fri 1 &0 > } ) ƒ/ 2 — ,, ' k § / / }\ ` -I s3 ) / .2 m - m ® m -< -. q III X ® |~ I ( z @< ; 2 7Z1 -1J 3 / �§ 9@4-;} C3 / a f7; §m- \ - £ C .- f 7 §N ( ° E . O 2 G m k \ 0 / ) m 0 KJ < / §, A_ o / I t/ S!§ \ j m c k E` �§ m\§ -n } 4 / > j `k mF %O, m < �f I n -. i IIk ;{q-2 . j\ & \ 7) u); xi r, -1 . § �� ` k! ` k 2 ;2 f k, eri % $2 0 f \ 8oc oo m -1. \ ; m , § \ . 21. co Co § < 0 \0 2 irs, \ } \ 17B EXHIBIT D LEGAL DESCRIPTION: (AS SHOWN IN O.R. BOOK 3864, PAGE 123) PARCEL ONE: EAST HALF (E 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, LESS THE NORTH 30 FEET, THE EAST 30 FEET, AND THE SOUTH 30 FEET, THEREOF, COLLIER COUNTY, FLORIDA. AND PARCEL TWO: WEST HALF (W 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, LESS THE NORTH 30 FEET, AND THE SOUTH 30 FEET, THEREOF, COLLIER COUNTY, FLORIDA. Page 7 of 11 Onyx RPUD PL20140000890 Revised July 29, 2016 -, ,.,E 176 EXHIBIT E DEVIATIONS: Nothing in this PUD Document shall approve a deviation to the LDC unless it is listed in this Exhibit E. 1. A deviation from LDC Section 6.06.02. A.2 which requires that a 5-foot wide sidewalk be provided on both sides of public and private rights-of-way or easements which are internal to the site, to instead provide a 5-foot wide sidewalk on one side of the private right-of-way as depicted in the master plan (Exhibit C). The sidewalk may only be omitted on one side of a street which is immediately adjacent to the rear of the structures and where no driveway accesses are provided. When residential units front on or have driveway access to both sides of a street, sidewalks shall be provided on both sides of the right of way. Where the sidewalk is omitted, the owner shall install Type D landscape material in its place. A landscape buffer easement is not required for these plantings. 2. A deviation from LDC Section 2.03.07 D.4.g which requires, upon the issuance of approval of a site development plan or subdivision plat that is part of a PUD or DRI, TDR credits and TDR Bonus credits shall be redeemed at a rate proportional to percentage of the PUD or DRI's approved gross density that is derived through TDR credits and TDR Bonus credits, to instead permit the developer to construct all units from base density (35 units) before requiring application of TDR credits. 3. A deviation from LDC Section 6.06.01 .N which establishes the minimum right-of-way width of 60 feet be utilized, to instead establish that all internal roadways, if platted, may be reduced to a 50 foot right-of-way configuration in accordance with the right- of-way cross section attached to the Master Plan Exhibit C. Page 8 of 11 Onyx RPUD PL20140000890 Revised July 29, 2016 178 EXHIBIT F DEVELOPMENT COMMITMENTS: PROPOSED DENSITY AND TRANSFER OF DEVELOPMENT RIGHTS (TDR) 1. The overall project density is 5.5 dwelling units per acre (48 unit maximum) and will be based upon surveyed acreage (8.72 acres) inclusive of existing right-of-way reservations and or easement dedications. 2. Prior to the approval of an SDP or Plat that includes any units beyond the 35 base units; required TDR credit(s) shall be redeemed from designated and qualified Sending Lands. ATTACHED GARAGE 1. Each dwelling unit shall have an enclosed garage attached to the principal structure. CONSTRUCTION 1 . The first floor of each unit will utilize primarily concrete block construction. 2. The minimum unit size shall be 1,400 square feet. 3. Asphalt shingles shall be prohibited as a roofing material 4. The community may be gated as shown on the MCP. No gates shall be allowed within the Adkins Road easement. SOLID WASTE 1 . Solid Waste will be provided by curb side pick-up of individual trash receptacles for each dwelling unit. Dumpsters will not be used for solid waste disposal, except during construction. ENVIRONMENTAL 1 . Preserve Area Calculation: 7.46 acres (existing vegetation) x 15% = 1.12 acres to be preserved. PUBLIC UTILITIES 1 . During the course of Site Development Plan (SDP) design and permitting, the applicant will make reasonable efforts to identify and locate future water connections and a fire hydrant in or near the Adkins right of way to provide future connections for the residents to the east of the project. TRANSPORTATION Page 9 of 11 Onyx RPUD PL20140000890 Revised July 29, 2016 .An) 178 The development of the land within this PUD shall be subject to and governed by the following conditions: 1. The maximum trip generation allowed by the proposed uses (both primary and ancillary) may not exceed 33 PM Peak Hour, two way trips. 2. The Owner, or its successors and assigns, shall construct a right ingress turn lane at the site's access point on Santa Barbara at the future Adkins Road intersection, which may be placed in the County right of way. A right of way permit will be required and the turn lane and all other improvements will be designed and constructed pursuant to County standards. If the County needs additional right of way now or in the future to accommodate any future turn lane, curbing, traffic signs, street lights, transit stops, sidewalk, drainage and utility improvements determined needed by County including slope and clear zones, owner or its successors and assigns, will convey to County road right of way up to the width and size of the County right of way used by Owner for its right ingress turn lane. Owner or its successors and assigns, will convey the road right of way to County at no cost to County within 60 days of County's written request, free and clear of all liens and encumbrances. County may make more than one request for right of way and owner shall convey the requested right of way to compensate for Owner's use of the County's right of way. Owner, or its successors and assigns, shall have the option to construct a retaining wall, subject to the County's approval of the design and placement, on Owner's property outside of the existing road right of way with handrails to reduce the size of the right of way needed by County. 3. All internal roads, driveways, alleys, pathways and sidewalks, as well as pedestrian interconnections to adjacent developments shall be operated and maintained by an entity created by the developer. Collier County shall have no responsibility for maintenance of any such facilities. LANDSCAPING 1 . To ensure adequate visual screening after clearing and removal of exotics from the preserve, the owner shall construct a 6' privacy wall along the east and southern property lines, adjacent to the preserve as shown on the MCP. 2. Hedges proposed in the rear yards, illustrated as the cross-hatched area on Exhibit C - Master Plan and denoted as landscape material consistent with Type "D" Landscape Buffer, are allowed to be maintained in excess of 36 inches in height. LIGHTING 1. Street lighting for the project will utilize flat panel or similar down-lighting fixtures and cut off shields where appropriate to avoid light spill onto adjacent properties and to reduce light pollution and shall be limited to 20 feet in height. Page 10 of 11 Onyx RPUD PL20140000890 Revised July 29, 2016 'AC 178 MONITORING REPORT One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Polly Avenue, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. NOTICE The developer shall include a disclosure in the projects covenants, conditions and restrictions that there are agriculturally zoned properties with farm animals in proximity to the project which may make noise audible to homeowners in the project. MISCELLANEOUS 1. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 2. All other applicable state or federal permits must be obtained before commencement of development. Page 11 of 11 Onyx RPUD PL20140000890 Revised July 29, 2016 T tit ‘tII. i,Pgj< 1 t �xk-.y' i i 1" sw +� 1.T F. FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State September 15, 2016 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ms. Teresa Cannon, BMR Senior 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. 16-24, which was filed in this office on September 15, 2016. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us