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Agenda 01/10/2012 Item # 8AProposed Agenda Changes Board of County Commissioners Meeting January 10, 2012 CONTINUE ITEM 8A TO THE JANUARY 24, 2012 BCC MEETING: PUDZ- 2003 -AR -3608: ORANGETREE PUD -- AN ORDINANCE AMENDING ORDINANCE NUMBERS 2005 -42 AND 2004 -73, THE ORANGETREE PUD, TO ADD 1,050 RESIDENTIAL UNITS FOR A TOTAL OF 3,150 RESIDENTIAL UNITS; TO ADD 100,000 SQUARE FEET OF OFFICE USE AND ADD 172,000 SQUARE FEET OF RETAIL USE TO THE EXISTING 60,000 SQUARE FEET OF RETAIL FOR A TOTAL OF 332,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT; TO REVISE THE DEVELOPMENT STANDARDS INCLUDING BUILDING HEIGHT AND SETBACKS AND TO ADD ALLOWABLE RESIDENTIAL, COMMERCIAL USES AND MIXED USES, AND TO ELIMINATE THE ENVIRONMENTAL COMMITMENTS, FOR PROPERTY LOCATED IN PARTS OF SECTIONS 11, 12p 13,14, 22 THROUGH 27, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 2,138.76 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (COMMISSIONER FIALA'S REQUEST) Move Item 2B to Item 16I3. Public declaration of form 8B, Memorandum of Voting Conflict for County, Municipal and Other Local Public Officers, in reference to Item 8A on the Agenda of December 13, 2011, filed by Commissioner Tom Henning. (County Attorney's request) Move Item 16A8 to Item 1OF: Recommendation to approve Change Order No. 2 to Contract # 10- 5206, with Atkins North America, Inc., for Design Services for Collier Area Transit Transfer Station, in the amount of $99,900 for redesign and post design services, and to extend the contract by six hundred seventy seven (677) days to account for the inclusion of construction and the completion schedule; and to authorize the Chairman to execute the change order. (Commissioner Hiller's request) Move Item 16A10 to Item 10E: Recommendation to approve an economic development agency report required by Section 125.045, Florida Statutes and authorize the County Manager or designee to submit a copy of the report to the Office of Economic and Demographic Research (EDR). (Commissioner Hiller's request) Move Item 16132 to Item 13132: Recommendation for the Community Redevelopment Agency (CRA) to approve and execute a Commercial Building Improvement Grant Agreement between the CRA and a Grant Applicant within the Bayshore Gateway Triangle area. (2595 Tamiami Trail East, Fiscal Impact $3,603) (Commissioner Hiller's request) Proposed Agenda Changes Board of County Commissioners Meeting January 10, 2012 Page 2 Continue Item 16E4 to the January 24.2012 BCC Meeting: Recommendation to approve and authorize the Chairman to sign the Assumption Agreement from Tectrans, Inc. to Keolis Transit America, Inc. for Management Contract for the Collier Area Transit (CAT) Fixed Route and Paratransit Program. (Staffs request to make corrections to buyer's name within agreement) Move Item 16171 to Item 10C: Recommendation to approve and adopt the Resolutions adopted by the Board of the Pelican Bay Services Division at a Special Meeting on December 14, 2011, with respect to the 1998 Joint Coastal Permit of the Florida Department of Environmental Protection and the Clam Bay Restoration and Management Plan authorized to be implemented under that Permit. (Commissioner Hiller's and Commissioner Coyle's separate requests) Move Item 16173 to Item 10D: Recommendation to approve In- Market Meeting Planner Site and Familiarization Guidelines for the Tourism Department to provide payment or reimbursement of expenses related to attracting group meetings to Collier County and authorize payment of covered expenses up to an annual total program cost of $150,000. (Commissioner Hiller's request) Time Certain Items: Item 10B to be heard at 11:30 a.m. Item 10C to be heard at 1:00 p.m. 1/10/2012 Item 8.A. EXECUTIVE SUMMARY PUDZ- 2003 -AR -3608: Orangetree PUD — An Ordinance amending Ordinance Numbers 2005 -42 and 2004 -73, the Orangetree PUD, to add 1,050 residential units for a total of 3,150 residential units; to add 100,000 square feet of office use and add 172,000 square feet of retail use to the existing 60,000 square feet of retail for a total of 332,000 square feet of commercial development; to revise the development standards including building height and setbacks and to add allowable residential, commercial uses and mixed uses, and to eliminate the environmental commitments, for property located in parts of Sections 11, 12, 13, 14, 22 through 27, Township 48 South, Range 27 East, Collier County, Florida consisting of 2,138.76 acres; and by providing an effective date. OBJECTIVE: To have the Board of County Commissioners (BCC) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding this PUD amendment petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner is seeking approval of an amendment to the Orangetree PUD that would add 1,050 residential units for a total of 3,150 residential units; to add 100,000 square feet of office use and add 172,000 square feet of retail use to the existing 60,000 square feet of retail for a total of 332,000 square feet of commercial development; to revise the development standards including building height and setbacks and to add allowable residential, commercial uses and mixed uses. The petitioner also seeks to delete the environmental commitments contained in the current PUD ordinance because the issues governed by that section are now either managed by another federal or state entity, or they are general requirements of the Land Development Code (LDC) or the Collier County Code of Laws and Ordinances. Retaining these items in the PUD is redundant and may be in conflict with future rules and regulations adopted by state or federal entities. This petition was the subject of numerous Collier County Planning Commission (CCPC) public hearings. The first hearing was held on September 15, 2011. At that meeting, public input was taken, but the petitioner did not make a presentation. The petitioner's agent indicated that they will meet with the residents before the next hearing. The next hearing was on October 6, 2011. At that hearing, the petitioner's agents revised the PUD document in response to concerns raised by concerned citizens. A major change was the removal of the resort lodging units and the reduction in the number of proposed new units from 1,250 to 1,050 units. Numerous other changes were made as well. The project was next heard on October 20, 2011. Again the petitioner's agents made numerous changes to the PUD document. The petition was again continued to November 3, 2011. A synopsis of that hearing is provided on page three of this document. Orangetree PUD, PUDZ- 2003 -AR -3608 Revised: 12/12111 BCC Hearing Date January 10, 2012 Packet Page -19- Page 1 of 6 1/10/2012 Item 8.A. FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The subject property is designated Agricultural/Rural — Settlement Area District, as identified on the Future Land Use Map in the Golden Gate Area Master Plan ( GGAMP) of the GMP. That District reads: "Rural Settlement Area District This area consists of Sections 13, 14, 23 and 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested" for the types of land uses specified in that certain "PUD" by Settlement Zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January, 1986. Twenty -one hundred (2,100) dwelling units and twenty -two (22) acres of neighborhood commercial uses and hotel /motel use are "vested ". This area is now comprised of the Orange Tree PUD and Orange Blossom Ranch PUD, and the types of uses permitted in this District include residential, earth mining, commercial, agricultural, community facility, community uses, education facilities, religious facilities, golf course, open space and recreational uses, and essential service uses. By designation in the GMP and the GGAMP as Settlement Area, the Plan recognizes the property as an area which, while outside of the Urban Designation, is appropriate for the following types of uses: residential, earth mining, commercial, agricultural, community facility, community uses, education facilities, religious facilities, golf course, open space and recreational and essential services. Future zoning changes to add dwelling units or commercial acreage within the geographic boundaries of this District will not be prohibited or discouraged by reason of the above - referenced vested status....." Since the District does not include development intensity thresholds, and specifically provides that more dwelling units and commercial acreage may be added beyond that which the site is Orangetree PUD, PUDZ- 2003 -AR -3608 Revised: 12/12/11 BCC Hearing Date January 10, 2012 Packet Page -20- Page 2 of 6 1/10/2012 Item 8.A. "vested" for, the proposed amendment may be found consistent with the Rural Settlement Area District in the GGAMP. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that this project can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan with the provision of mitigation that is stated in Section 11.02.0 Transportation of the PUD document. Please refer to the CCPC Staff report for more details about the GMP consistency. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on September 15, 2011, October 6, 2011, and October 20, 2011 and November 3, 2011, and by a vote of 6 to 1, with Commissioner Ebert opposed and Commissioner Klein absent (there is one vacant position on the CCPC), recommended forwarding this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following changes to be made to the PUD document: List of Exhibits and Tables: 1. Rename Table I1 -D to Table II -C 2. Repaginate the document once all changes have been made Estimated Market Absorption Schedule Table I1: Re -align the columns to correctly coincide with the headers. Table II A: 1. Add the word "zoned" to Maximum Accessory Structure Height 2. Add separate minimum floor area standards for the R -2A section 3. Add the word "zoned" to footnote #3 Rename Table II D to II C. Revise 5.A.14 to add "or Oil Well Road as the case may be." Revise Table IV OC Development Standards to add "shall maintain a minimum of 50 feet from residential uses and zoning." Section 10.03.E: Add "And no commercial structures are allowed within 560 feet of the northern R -2 property line" at the end. Section 10.03.G: Add "This MY/U district shall have its own separate recreational facilities," renaming the existing G and H to H and I. Table 4: Revise Floor Area Minimum for multi - family structures from 1,000 square feet to 750 square feet. Section XI.C.7) & 8): revise language to make the conditions more clear. Section XI.I: Add item E that states, "The R -3 district as identified on the Master Plan shall have a separate homeowner's association." Orangetree PUD, PUDZ- 2003 -AR -3608 Revised: 12/12/11 BCC Hearing Date January 10, 2012 Packet Page -21- Page 3 of 6 1/10/2012 Item 8.A. These revisions have been incorporated into the PUD document that is included in the draft ordinance. Commissioner Ebert did not support the approval motion stating that she did not think changing the PUD was appropriate because the existing residents "bought a lifestyle and a timeline" and the applicant exceeded those parameters. Additionally, Commissioner Ebert stated that she would not support the motion because there is already too much commercial zoning approved in the area. Because there are letters of opposition to some portions of this petition and the CCPC vote was not unanimous, this petition cannot be placed on the Summary Agenda. LEGAL CONSIDERATIONS: (Please note there is a supplemental memo included with the back -up materials.) This is an amendment to the existing Orangetree Planned Unit Development (PUD). The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for PUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Orangetree PUD, PUDZ- 2003 -AR -3608 Revised: 12/12/11 BCC Hearing Date January 10, 2012 Packet Page -22- Page 4 of 6 1/10/2012 Item 8.A. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ( "reasonably ") be used in accordance with existing zoning? (a "core" question...) Orangetree PUD, PUDZ- 2003 -AR -3608 Revised: 12/12/11 BCC Hearing Date January 10, 2012 Packet Page -23- Page 5 of 6 1/10/2012 Item 8.A. 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.Il], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This Executive Summary has been reviewed for legal sufficiency and is legally sufficient for Board action. An affirmative vote of four is required for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further recommends that the Board of County Commissioners approve the request subject to the attached PUD Ordinance that includes both the staff recommendation and the CCPC recommendation. PREPARED BY: Kay Deselem, AICP, Principal Planner, Zoning Services Section, Land Development Services Department, Growth Management Division, Planning and Regulation Attachments: 1) 2) 3) Staff Report Back -up information Ordinance Orangetree PUD, PUDZ- 2003 -AR -3608 Revised: 12/12/11 BCC Hearing Date January 10, 2012 Packet Page -24- Page 6 of 6 COLLIER COUNTY Board of County Commissioners Item Number: 8.A. 1/10/2012 Item 8.A. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. PUDZ- 2003 -AR -3608: Orangetree PUD -- An Ordinance amending Ordinance Numbers 2005 -42 and 2004 -73, the Orangetree PUD, to add 1,050 residential units for a total of 3,150 residential units; to add 100,000 square feet of office use and add 172,000 square feet of retail use to the existing 60,000 square feet of retail for a total of 3.32,000 square feet of commercial development; to revise the development standards including building height and setbacks and to add allowable residential, commercial uses and mixed uses, and to eliminate the environmental commitments, for property located in parts of Sections 11, 12, 13, 14, 22 through 27, Township 48 South, Range 27 East, Collier County, Florida consisting of 2,138.76 acres; and by providing an effective date. Meeting Date: 1/10/2012 Prepared By Name: DeselemKay Title: Planner, Principal,Engineering & Environmental Ser 12/14/2011 12:59:15 PM Approved By Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive Date: 12/15/20112:37:59 PM Name: PuigJudy Title: Operations Analyst, CDES Date: 12/20/20114:25:14 PM Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 12/28/20112:00:33 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Packet Page -25- Date: 12/29/20118:56:30 AM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 12/30/20119:01:58 AM Name: AshtonHeidi Title: Section Chief/Land Use- Transportation,County Attor Date: 1/3/2012 9:04:26 AM Name: KlatzkowJeff Title: County Attorney, Date: 1/4/2012 9:53:42 AM Name: MuckelCynthia Title: Applications Analyst,Information Technology Date: 1/4/2012 1:04:43 PM Name: OchsLeo Title: County Manager Date: 1/4/2012 1:34:59 PM Packet Page -26- 1/10/2012 Item 8.A. w 1/10/2012 Item 8.A. OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: The Board of County Commissioners FROM: Jeffrey A. Klatzkow, County Attorne ' d Heidi Ashton- Cicko, Assistant County ttorr KF DATE: January 4, 2012 RE: Supplemental Legal Considerations regarding the Orangetree PUD Because this development has a long history and is the subject of a pending lawsuit, we believed it would be of some assistance to the Board to provide the following abbreviated background. BRIEF HISTORY OF PROPERTY In 1967, GAC Corporation ( "GAC ") was granted zoning for a subdivision known as North Golden Gate on approximately 2,793.83 acres to allow for over 8,000 residential units, extensive commercial and related activities, canals, roadways, school sites and related units for a planned community. In 1981 and 1982, by Ordinance Nos. 81 -70 and 82 -2, the County re- designated and down -zoned the property to agricultural uses. The property owner at the time filed a civil action entitled "GAC Liquidating Trust v. Collier County." The litigation ended with a settlement and zoning agreement dated January 27, 1986 (the "Settlement Agreement ") between the County, GAC and contract purchaser, Amnon Golan as Trustee, based upon the Trustee's request to have the property rezoned "PUD by settlement." The Settlement Agreement led to the rezoning of the 2,797.83 acres into the Orangetree PUD which provided as follows: a. residential dwelling units not to exceed 2,100 units, b. approximately 1,600 acres of agricultural uses c. a 200 acre golf course (to be counted from agricultural uses per the land use summary, Table I), d. a maximum of 60,000 square feet of neighborhood commercial plus motel units e. a 55 acre community use, f. a 25 acre school /park site and g. a 15 acre utility site. On November 16, 2004, the Orangetree PUD was effectively split into two, and the overall density and intensity of the Orangetree PUD was increased. First, by Ordinance No. 2004 -74, the Board rezoned 616 acres of the Orangetree PUD to the Orange Blossom Ranch MPUD, This MPUD allows 1,600 residential dwelling units and 200,000 square feet of gross leaseable area of commercial /office development. Second, by Ordinance No. 2004 -73, the Board allowed the remaining 2,136.87 acres to retain the density and intensity set forth in the Settlement Agreement (and original Orangetree PUD). Packet Page -27- 1/10/2012 Item 8.A. The current application before you is a request to upzone the remaining 2,136.87 acre Orangetree PUD to allow for an additional 1,050 residential dwelling units and an additional 272,000 square feet of commercial development. A hotel /motel would no longer be a permitted use. PENDING LITIGATION Howard Anderson and twelve others sued Orangetree Associates and the Board of Commissioners of Collier County in December of 2011 seeking declaratory relief on the enforceability of the 1986 Settlement Agreement. The case number is I1- 3578 -CA. The Plaintiffs assert that they are third party beneficiaries to the Settlement Agreement as successor owners. The relief sought is a finding that approval of the proposed Orangetree PUD Ordinance would constitute a breach of contract of the Settlement Agreement. The County Attorney is defending this action, does not believe that the suit has any merit, and recommends that the Board give no weight to this suit in the consideration of this application by the Board. OPTIONS To supplement the Legal Considerations set forth in the Executive Summary, in reaching a decision on this application, the Board may: 1. Approve the proposed Orangetree PUD amendment if the Board is satisfied that the criteria in LDC Sections 10.02.13.B.5 and 10.03.05.I, also outlined in the executive summary, are met; or 2. Deny the proposed Orangetree PUD if it finds as a matter of policy that the limitations in the 1986 Settlement Agreement establish compatibility for this area and that the proposed increase in density and intensity of the Orangetree PUD does not meet the criteria of LDC Sections 10.02.13.B.5 and 10.03.05.1. Packet Page -28- A, 1/10/2012 Item 8.A. C Q E'Y Mount STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: SEPTEMBER 15, 2011 RE: ORANGETREE PUD, PUDZ- 2003 -AR -3608 APPLICANT /AGENTS: Applicant: Orangetree Associates 4500 Executive Dr, Suite 110 Naples, FL 34119 REQUESTED ACTION: Agents: Robert J. Mulhere, FAICP Mulhere & Associates, LLC P.O. Box 1367 Marco Islands, FL 34146 Burt Saunders, Esquire Gray Robinson Law Firm 5551 Ridgewood Drive Suite 303 Naples, FL 34108 The petitioner is asking the Collier County Planning Commission (CCPC) to consider an amendment to the Orangetree PUD that would add 1,250 residential units for a total of 3,350 residential units of which 100 units may be resort lodging; to add 100,000 square feet of office use and add 172,000 square feet of retail use to the existing 60,000 square feet of retail for a total of 332,000 square feet of commercial development; to revise the development standards including building height and setbacks and to add allowable residential, commercial uses and mixed uses, and to delete environmental commitments for property. GEOGRAPHIC LOCATION: The subject property, consisting of 2138.76± acres, is north and east of the intersection of Immokalee Road (C.R. 846) and Randall Boulevard, and bisected by Oil Well Road (C.R. 848) in Sections 11, 12, 13, 14, 22 through 27, Township 48 South, Range 27 East, Collier County, Florida (See location map and proposed PUD Master Plan on the following pages.) PURPOSE/DESCRIPTION OF PROJECT: Approval of this project, would allow the following specific changes: Orangetree PUD, PUDZ - 2003 -AR -3608 September 15, 2011 CCPC Revised: 917/11 Packet Page -29- Page 1 of 17 1/10/2012 Item 8.A. g g B q ORANGFfREEPUDA REZONE Packet Page -31- "'LAN ORANGETREEASSOCIATES I't•f 4500 EXECUTIVE DRIVE, SUITE 110 NAPLES, FLORIDA 34119 F f N N r O N O r C 7 w y O Z J 611K V6R[013`SajgN, N"J- dHISVW 0119IMS'3ARTQ3Aun033C3DOSb n..... ; SgLVI-)OSSV 33ZILgJSiVNO anoz3a vonaa.blaokVao R $ e q M W m d 0 Z 2 W = W C Z N W o g 5 5 5 a G W 0 W J Packet Page -33- _ - - --" 1/10/2012 Item 8.A. z 5 o k y ulp a�r g bg ` M 6 Q $ g sa uj w < prc m B a r. 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CC kOt4 � Z� j 06€ 7s E t zm Ur H��� x w� oY z� of F°� g wi c w Z� n z a 0 RR a � � Agtl1 ao'u �C �a aa� r N N O N O r 1/10/2012 Item 8.A. • add 1,250 Dwelling Units (DUs) [increase from 2,100 to 3,350 DUs] resulting in a gross density of 1.6 DU /A (increase from 0.99 DU /A); • delete existing commercial uses (generally comparable to C -3 zoning district) in the Commercial/Neighborhood District, and rename and divide that District into two Districts —Neighborhood Commercial (NC), allowing 232,000 square feet of C -1 through C -3 with some C -4 uses, and Office Commercial (OC), allowing 100,000 square feet of C -1 through C -3 type uses and up to 15,000 square feet of NC uses if not utilized in the NC area; • delete the 15 -acre utility site and replace it with a new 28.2 -acre Mixed Use/Utility District to allow residential, commercial, essential service and group housing uses, with C -3 uses allowed by right, C -3 conditional uses and C -4 permitted uses allowed by conditional use; • add 11.3 acres of commercial designation (increase from 22 to 33.3 acres); • add 272,000 square feet of commercial (increase from 60,000 to 332,000 square feet), with the 332,000 square feet total to be allowed in the Neighborhood Commercial, Office Commercial and Mixed Use/Utility Districts in aggregate; • increase agriculture district by 67.3 acres (from 131 to 198.3 acres); • decrease golf course district by 2 acres (from 200 to 198 acres); • eliminate the R -1 Residential category, allow 100 dwelling units in the R -3 or R -4 category to be developed as resort lodging units, and, add an R -4 Residential category; • delete the market absorption schedule; • revise the PUD Master Plan, including acreage changes to other PUD Districts; and, • make other minor and incidental changes. Back round The subject site was originally platted in the late 1960s/early 1970s and was known as North Golden Gate (NGG). It was designated Urban on the future land use map, and contained multiple zoning districts (single family, multi - family, commercial, industrial, community use [school, park, utility], golf course). Land clearing, excavation, grading and other physical development activities were commenced. In 1981, the Future Land Use Map was amended to designate the subject area as Rural. In 1982, the Board of County Commissioners (BCC) rezoned the property to A -1, Agricultural, which permitted a variety of agricultural uses, and one DU /5 acres as an accessory use. Subsequently, the property owner filed a lawsuit against Collier County based on vesting claims. On January 27, 1986, the property owner and BCC executed a "Settlement and Zoning Agreement" that included a rezoning of the property to "PUD by Settlement." The County agreed to that rezoning "based on its finding that the proposed project would have far less impact on county and regional facilities and the environment than the original North Golden Gate subdivision." The "Zoning and Development Document" (subsequently known as Orangetree PUD document) allowed 2,100 dwelling units on 826 acres; 22 acres of commercial development; 1,600 acres of agricultural uses; a 200 acre golf course - allowed within the Agricultural or Residential areas; and, 95 acres of community uses [fairgrounds, school, park, utility, etc.]). Also, the Residential area allowed, subject to site development plan approval, Orangetree PUD, PUDZ- 2003 -AR -3608 September 15, 2011 CCPC Revised: 9/7/11 Packet Page -35- Page 2 of 17 churches, schools, civic and cultural facilities, private clubs, owner- occupied childcare center, rest home, foster home, hospice, rehabilitation center. On April 8, 1986, the Florida Department of Community Affairs (DCA), in response to applications filed by the landowner, rendered a Binding Letter of Interpretation of Vested Rights Status/ Binding Letter of Interpretation of Modification to a Development of Regional Impact With Vested Rights/Vested Rights Status Notification. The Binding Letter included these findings, conclusions and order: ■ the developer had vested rights to develop the original NGG subdivision; Q ■ NGG constituted a DRI; 06 ■ the changes to that vested DRI development plan, as depicted in the "Zoning and E Development Document" approved by Collier County (subsequently known as Orangetree PUD), would result in substantially less development than the NGG vested development N plan, and would result in a reduction of regional impacts; C) ■ "As those changes described in your application for this letter have been approved by local N government and incorporated into a new development order [original Orangetree PUD], they constitute the vested plan of development for North Golden Gate and must be followed by r- you;» ■ "If any further changes are proposed to this project, they should be submitted by you to this agency [DCA] so that they may be compared together with their impacts to the plan now found to be vested in this letter [original Orangetree PUD];" ■ "Therefore, all future changes to this modified development plan should be brought to the attention of this agency." (for purpose of determining if DRI thresholds are exceeded for any new development intensity beyond that which is vested). In 1987, the BCC amended the FLUE and Map to designate this area "Vested Area U." (The "settlement and zoning agreement' ' stated the County would change the designation to something other than Urban.) The FLUE provision included a list of the permitted uses, and referenced the "Zoning and Development Document" (PUD). The listed permitted uses included: agricultural uses and related facilities; residential uses - maximum of 2,100 dwelling units (DUs) and maximum height of two stories; neighborhood commercial and hotel/motel uses, not to exceed 22 acres; golf course, parks, playgrounds, and similar recreation and open space uses; community facilities, such as fairgrounds site, agricultural extension station, fire and police stations; educational facilities, religious facilities, governmental activities, and child care center; essential services. In 1989, with the adoption of the Growth Management Plan, the Orangetree area was designated Agricultural/Rural — Settlement Area in the FLUE. The same list of permitted uses from the previous comprehensive plan, and reference to the "Zoning and Development Document," was included. In 1991, the GGAMP was adopted; it maintained the Agricultural/Rural — Settlement Area designation, the same list of permitted uses, and reference to the "Zoning and Development Document." In 1991, the PUD by Settlement (original Orangetree PUD) was amended by Ordinance No. 91- 43. Changes included: correct error in total site acreage, reducing it from 2,798 to 2,752.8 acres; delete one Residential classification; increase /decrease the number of DUs and acreage in the Orangetree PUD, PUDZ- 2003 -AR -3608 Page 3 of 17 September 15, 2011 CCPC Revised: 9/7/11 1/10/2012 Item 8.A. remaining three Residential classifications, but maintaining the total approved DUs at 2,100; decrease Agricultural acreage; increase acreage for Community Use by converting 31 acres from Agriculture to Community Use for fairgrounds expansion; increase School/Park acreage by designating 11 acres within the Residential area as School -Park site to reflect a park site that had been previously approved by a site development plan, as allowed within the Residential area; increase Right -of -Way and Lake acreages substantially; modify certain residential development standards; add reservoirs/lakes as a permitted use in the Agricultural classification; add provision that precludes Collier County from requesting conveyance of the water and sewer facilities prior to January 1, 2001; and, make corresponding changes to PUD Master Plan. It is unknown for certain but appears that DCA was not consulted about these changes; however, there were no increases in the major DRI threshold determinants (# of DUs and amount of commercial development). In 1997, the County adopted the Evaluation and Appraisal Report-based amendments to the GMP. Changes to the Settlement Area District (in both the FLUE & GGAMP) included deleting the list of permitted uses and intensity thresholds, while maintaining reference to the "Zoning and Development Document." Subsequently, two private sector - initiated amendments to this District were approved (2001 and 2003). The purpose of the first amendment was to clarify allowed uses; the second was to clarify the ability to increase the use intensity beyond that which is "vested" (2,100 dwelling units and 22 acres of neighborhood commercial). In 2004, two amendments to the Orangetree PUD were approved. The first was to add schools and school facilities as an allowed use on lands designated as AG, Agriculture, on the PUD Master Plan; the second was to remove approximately 616 acres from the Orangetree PUD as a companion petition to a rezone of those 616 acres to the Orange Blossom Ranch PUD. SURROUNDING LAND USE AND ZONING (Please refer to the Zoning Mau)• North: a canal, then scattered development on lots with an Estates zoning designation South: Randall Boulevard, then scattered development on lots with an Estates zoning designation; the Randall Blvd Center PUD (sunsetted) which is undeveloped; the Mir -Mar PUD a commercially developed built -out (18,960 square feet total) PUD zoned project; and a Big Corkscrew Island Fire Control facility with conditional use approval within an Estates zoning designation (Resolution #01 -80) West: Immokalee Road, then scattered development on lots with an Estates zoning designation East: the Orange Blossom Ranch MPUD (Ordinance 404 -74) a 616 acre partially developed project that was approved for a maximum of 1,600 units at a density of 2.8 units per acre along with a 44 ± acre retail/office commercial area; then a canal; then scattered development on lots with a zoning designation of Estates Orangetree PUD, PUDZ- 2003 -AR -3608 September 15, 2011 CCPC Revised: 9/7/11 Packet Page -37- Page 4 of 17 I N N O N O GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE):: The subject properly is designated Agricultural/Rural — Settlement Area District, as identified on the Future Land Use Map in the Golden Gate Area Master Plan (GGAMP) of the GMP. That District reads: Settlement Area District This area consists of Sections 13, 14, 23 and 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested" for the types of land uses specified in that certain "PUD" by Settlement Zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January, 1986. Twenty -one hundred (2,100) dwelling units and twenty -two (22) acres of neighborhood commercial uses and hotel/motel use are "vested ". This area is now comprised of the Orange Tree PUD and Orange Blossom Ranch PUD, and the types of uses permitted in this District include residential, earth mining, Orangetree PUD, PUDZ- 2003 -AR -3608 Page 5 of 17 September 15, 2011 CCPC Revised: 9/7/11 1/10/2012 Item 8.A. commercial, agricultural, community facility, community uses, education facilities, religious facilities, golf course, open space and recreational uses, and essential service uses. By designation in the GMP and the GGAMP as Settlement Area, the Plan recognizes the property as an area which, while outside of the Urban Designation, is appropriate for the following types of uses: residential, earth mining, commercial, agricultural, community facility, community uses, education facilities, religious facilities, golf course, open space and recreational and essential services. Future zoning changes to add dwelling units or commercial acreage within the geographic boundaries of this District will not be prohibited or discouraged by reason of the above - referenced vested status....." Since the District does not include development intensity thresholds, and specifically provides that more dwelling units and commercial acreage may be added beyond that which the site is "vested" for, the proposed amendment may be found consistent with the Rural Settlement Area District in the GGAMP. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that this project can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan with the provision of mitigation that is stated in Section 11.02.0 Transportation of the PUD document. Staff required a phased, incremental traffic analysis that is intended to identify potential deficiencies on the local roadway network that is aligned with the developer's anticipated [gradual] buildout. In accordance with the requirements in -place at the time of the application submittal, the 3 % -3% -5% significance threshold analysis was employed. Incremental analysis scenarios for 2015, 2020, 2025, and 2030 were completed by the applicant's traffic engineer. In these incremental analyses, the following [significant] impacts of the comprehensive development are noted: In 2015, links 132 of Randal Boulevard is significantly impacted. Mitigation is provided to widen this segment of Randal Boulevard. No impacts exceed the minimum LOS on the impacted roadway(s). Oil Well Road, currently under construction in 2011, is assumed to be completed for capacity improvements in 2015. No impacts exceed the minimum LOS on the impacted roadway(s) with consideration for the assumed improvements. - In 2020, links 45, and 46 on Immokalee Road; link 132 of Randal Boulevard; Link 119 of Oil Well Road are significantly impacted. No impacts exceed the minimum LOS on the impacted roadway(s) with consideration for the assumed improvements. Randal Boulevard and Wilson Boulevard are assumed to be complete for capacity improvements during this increment. In 2025, link 45 on Immokalee Road; links 132 and 133 of Randal Boulevard; Link 119 of Oil Well Road; and link 118 of Wilson Boulevard are significantly impacted. No impacts exceed the minimum LOS on the impacted roadway(s) with consideration for Orangetree PUD, PUDZ- 2003 -AR -3608 Page 6 of 17 September 15, 2011 CCPC Revised: 9/7/11 Packet Page -39- I.- N 0 N O the assumed improvements. 135 of Everglades Boulevard during this increment. Immokalee Road (portion of link 46); and links 134 and are assumed to be complete for capacity improvements - In 2030, links 44, 45, and 46 on Immokalee Road; links 132 and 133 of Randal Boulevard; Links 119, and 120 of Oil Well Road are significantly impacted. No impacts exceed the minimum LOS on the impacted roadway(s) with consideration for the assumed improvements. Links 136 of Everglades Boulevard is assumed to be complete for capacity improvements during this increment. Proposed Mitigation: In addition to previous contributions made by the Developer, proposed mitigation includes contribution of proportionate share cost for installation of a signal at the Development's eastern- most access on Oil Well Road; donation of lands needed to widen Randal Boulevard along the property frontage (including water management); and accommodations for a new CAT bus shelter on Randal Boulevard. Multiple access management controls and interconnection requirements have been addressed by the project master plan. Conservation and Coastal Management Element (CCME): Environmental staff has evaluated the proposed PUD amendment for compliance with the CCME. Environmental review staff has determined the PUD amendment may be found consistent with the Future Land Use Element and Conservation and Coastal Management Element of the Collier County Growth Management Plan. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning to CPUD. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the Collier County Growth Management Plan. The proposed amendment is consistent with the GMP Transportation Element as previously discussed. Environmental staff recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP if the conditions recommended by staff are adopted as part of any approval. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings "), and Subsection 10.03.05.I, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings "), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its action on the rezoning or amendment request. An evaluation relative to these Orangetree PUD, PUDZ- 2003 -AR -3608 Page 7 of 17 September 15, 2011 CCPC Revised: 9/7/11 1/10/2012 Item 8.A. subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Services staff is recommending approval subject to the Environmental conditions contained in Exhibit F of the PUD document. The Environmental Advisory Council Board (EAC) approved the Environmental Impact Statement (EIS) for this project on November 3rd, 2004. This project was not required to go back to the EAC board for review since the identified general locations of the preserves were not changed. Rather the general preserve area was reconfigured to become one contiguous preserve. On -site native vegetation acreage was identified during the previously approved Preliminary Subdivision Plat (PSP- AR- 3344). The project site consisted originally of 259.4 acres of native vegetation that consisted of upland pine flatwoods, palmetto prairie, and cypress, cabbage palm wetlands. A minimum of 25 % of the existing native vegetation or 64.9 acres is required to be placed under preservation. A total of 68.6 acres of native vegetation preservation will be provided according to the current master site plan. Portions of the 68.6 acres of preserve have already been set aside during previously approved Plats. The remaining preserve will be set aside in the southeast corner of the property where the highest quality native vegetation within the PUD remains. Due to the highly disturbed nature of the site, few listed species were found on site. Listed species' identified on site include an American kestrel, alligator, and wild pine and Florida butterfly orchids. Wetlands on the property were identified in 1996 by the South Florida Water Management District ( SFWMD) during the Environmental Resource Permit (ERP) process. There were 16 wetland areas identified totaling 27.44 acres. During the SFWMD ERP (No.941104 -12) process, the permit authorized impact to a canal and 3.44 acres of wetland impact of which 1.22 acres required mitigation. Currently, only a portion of the previously authorized wetland impacts were done leaving 26.21 acres of wetlands remaining. Mitigation for all wetland impacts has been completed and no further wetland impacts are proposed. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right -of -way and access issues as well as roadway capacity, and recommends approval subject to the Developer /owner commitments as provided in Exhibit F of the MPUD ordinance. Utilities Review: Utilities Division staff has reviewed the petition and the PUD document. Utilities staff and the petitioner's agents have been unable to agree upon specific language in the PUD document regarding Utilities provisions. Utilities staff has offered the following comments: Based on prior Agreements between the parties, the Collier County Water -Sewer District (CCWSD) may elect to assume the operations of the Orange Tree Utility System. Section 10.01 was negotiated with applicant's attorney in order to ease the transition if the CCWSD makes such election. If CCWSD takes over Orange Tree Utility System the underlying property owner of the Mixed Use/Utility Mu/U parcel would be required to grant the CCWSD utility easements. Orangetree PUD, PUDZ - 2003 -AR -3608 September 15, 2011 CCPC Revised: 917/11 Packet Page -41- Page 8 of 17 N V_ 0 N 0 The Applicant has no objection to providing easements but requires assurance that when the CCWSD's regional utility system is operational the easements for the CCWSD's utility infrastructure located on the Mixed Use/Utility Mu/U that are no longer necessary to serve the Customer base in the Orangetree Utility Service Area will terminate or otherwise be vacated. The Public Utilities Division has no objection to this requirement. However, such requirement is not necessary to include in the PUDA because the termination language will be included in the easement instruments subject to CCWSD approval and acceptance, if and when the CCWSD assumes the operations of the Orange Tree Utility System. The applicants also desires to limit above ground facilities constructed by CCWSD on the Mixed Use/Utility Mu/U parcel so as not to impede its future development. According to Public Utilities Division the condition of the Orangetree Utility is presently unknown. In the near future, Public Utilities Division and its consultants will inspect the Orangetree Utility infrastructure. Once the condition is known, CCWSD will be in a better position to determine whether takeover is appropriate and if so, whether additional infrastructure is necessary to continue operations. Zoning Services Review: The Master Plan shows the areas proposed for development in conjunction with the Land Use Summary and Legend. Additionally, right -of -way areas are generally depicted. Due to the size of the project building orientation, location and other details are not shown on the Master Plan. As shown on the aerial photo earlier in this staff report, the PUD is partially developed. The subdivisions of Valencia Lakes, Valencia Golf and Country Club, Lake Lucerne, Orangetree Units One — Four (Citrus Greens) and Waterways of Naples, Units One — Six are within the Orangetree PUD, as are the Corkscrew Elementary and Middle Schools and the Palmetto Ridge High School and approximately 300 acres of county owned land. The Collier County Fairgrounds are included in the 300± county owned acres. Staff has concerns about the proposed 100 resort lodging units proposed for the R -3 and R -4 areas. These units could be as small as 350 square feet. Staff has concerns that these units could function more like a hotel/motel facilities rather than true residential uses. There is potential for a negative impact upon other conventional residents in those areas. The resort lodging units are also proposed for the Golf Course district; staff does not have any concerns with the use in that location, but believes 100 units could be excessive; however the uses should not impact other residents. Staff believes it is more appropriate to limit the resort lodging units tot eh Golf Course district. Staff also has concerns about the potential incompatibility between the OC district and the abutting single- family residences. This issue is discussed in more depth in the Findings of Fact. There remain unresolved issues about access as it is shown on the Master Plan. Orangetree PUD, PUDZ- 2003 -AR -3608 September 15, 2011 CCPC Revised: 9/7111 Page 9 of 17 EM 1/10/2012 Item 8.A. FINDINGS OF FACT: PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed amendment and believes the uses and property development regulations are compatible with the development approved in the area. If staffs limitations are accepted, the commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained atpublic expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development [amendment] with the goals, objectives, and policies of the Growth Management Plan (GMP). Zoning staff has analyzed the amendment request to ensure consistency with FLUE Policy 5.4 that requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses on the subject site, the compatibility analysis might include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.). The density will increase overall, but the areas that will be developed with additional density should not negatively affect existing development, if staffs recommendation regarding the removal of the Resort Lodging units within the R -3 and R -4 districts. The amount of commercial square footage will increase; however, the project was originally approved to allow a comprehensive list of commercial uses. The uses are not significantly changing. The applicant is however adding a new commercial use area of 9.4 acres. This area will be for office use rather than retail uses and is identified on the Master Plan as OC. The OC tract abuts existing residential uses along Orange Grove Trail in Valencia Lakes Phase 1A Orangetree PUD, PUDZ- 2003 -AR -3608 September 15, 2011 CCPC Revised: 917/11 Packet Page -43- Page 10 of 17 I. W N O N O r and Inlet Cove Lane West in Valencia Lakes Phase 7A as shown on the following page. The applicant is proposing front yard setbacks of 20 feet, side yard setbacks of 0 or 5 feet; and rear yard setbacks of 15 feet with structures up to three stories high in 60 (actual) feet of height for uses within the OC District. The applicant has not proposed any details about the site development in the OC area, so staff has no details as to what setbacks would be applicable to separate office use from the existing single - family homes. Staff believes an increased buffer and setbacks to any single -family home are warranted, therefore staff suggests the applicant provide at least a 25 -foot wide setback to any residential use /area, and instead of the required type B buffer (15 -foot wide with a single row of shrubs and trees planted 25 feet apart), that a type C buffer (20 foot wide with a double row of staggered trees and a row of shrubs). Another area is being changed from Utility (U) to Mixed Use/Utility (MU/U). As proposed, that area could be re- developed with a variety of residential, group care facilities or commercial uses (up to C -3 zoning district uses). This MU/U area is adjacent to schools on two sides and abuts agricultural uses to the north. It is separated from any residential uses by Oil Well Road. Staff does not believe there will be compatibility issues arising from this proposed change. Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion and the discussion above. Based on those staff analyses, if staff's limitations are accepted, this petition may be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff has reviewed the proposed uses and believes that the project will be compatible with the surrounding area and internally, subject to approval of the project commitments. Orangetree PUD, PUDZ- 2003 -AR -3608 September 15, 2011 CCPC Revised: 9/7/11 Page 11 of 17 .f t !� c_ 1 t �`1 ♦� The applicant is proposing front yard setbacks of 20 feet, side yard setbacks of 0 or 5 feet; and rear yard setbacks of 15 feet with structures up to three stories high in 60 (actual) feet of height for uses within the OC District. The applicant has not proposed any details about the site development in the OC area, so staff has no details as to what setbacks would be applicable to separate office use from the existing single - family homes. Staff believes an increased buffer and setbacks to any single -family home are warranted, therefore staff suggests the applicant provide at least a 25 -foot wide setback to any residential use /area, and instead of the required type B buffer (15 -foot wide with a single row of shrubs and trees planted 25 feet apart), that a type C buffer (20 foot wide with a double row of staggered trees and a row of shrubs). Another area is being changed from Utility (U) to Mixed Use/Utility (MU/U). As proposed, that area could be re- developed with a variety of residential, group care facilities or commercial uses (up to C -3 zoning district uses). This MU/U area is adjacent to schools on two sides and abuts agricultural uses to the north. It is separated from any residential uses by Oil Well Road. Staff does not believe there will be compatibility issues arising from this proposed change. Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion and the discussion above. Based on those staff analyses, if staff's limitations are accepted, this petition may be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff has reviewed the proposed uses and believes that the project will be compatible with the surrounding area and internally, subject to approval of the project commitments. Orangetree PUD, PUDZ- 2003 -AR -3608 September 15, 2011 CCPC Revised: 9/7/11 Page 11 of 17 1/10/2012 Item 8.A. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of native preserve aside for this project meets the minimum requirement of the LDC. 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Currently, the roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must comply with all other applicable concurrency management regulations when development approvals are sought. Additionally, the PUD document contains additional developer commitments that should help ensure there are adequate facilities available to serve this project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as road capacity, wastewater disposal system, and potable water supplies (with the mitigation provided in the PUD document and the DRI DO) to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is not seeking any deviations that would allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). Rezone Findines: LDC Subsection 10.03.05.1. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staff s responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. The GMP FLUE and zoning analyses provide an in -depth review of the proposed project. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP if staff's conditions of approval are adopted. The petition can also be deemed consistent with the CCAM. Therefore, staff recommends that this petition be deemed consistent with the GMP subject to staff's conditions of approval. 2. The existing land use pattern; Orangetree PUD, PUDZ- 2003 -AR -3608 Page 12 of 17 September 15, 2011 CCPC Revised: 9/7/11 Packet Page -45- i a) N 0 N 0 Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report. Staff believes the proposed amendment is appropriate given the existing land use pattern around the tract, and development restrictions included in the PUD. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD amendment does not create an isolated zoning district because the amendment does not add any land to the originally approved PUD boundaries. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. As shown on the zoning map included at the beginning of this report, the existing district boundaries are logically drawn and as noted previously, no changes to zoning boundaries are proposed as part of this amendment. The PUD zoning boundaries follow the property ownership boundaries. The location map illustrates the perimeter of the outer boundary of the subject parcel. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed rezone is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek the amendment that would allow the owner the opportunity to develop the land in ways other than what the existing zoning would allow. The applicant's request is consistent with the proposed GMPA. 6 Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed amendment, with the commitments made by the applicant, can been deemed consistent County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. Development in compliance with the proposed PUD document should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project with the mitigation that will be provided by the developer. Staff believes the petition can be deemed consistent with all elements of the GMP if the mitigation is included in any recommendation of approval. 8. Whether the proposed change will create a drainage problem; The proposed amendment should not create drainage or surface water problems. The developer of the project will be required to obtain a surface water management permit from the SMAID prior to approval of a local site development plan. The conceptual Orangetree PUD, PUDZ- 2003 -AR -3608 September 15, 2011 CCPC Revised: 917/11 Page 13 of 17 1/10/2012 Item 8.A. master plan identifies the conceptual location of the water management areas which will be a component of the water management system. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this amendment petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document and the applicable federal, state and local regulations. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property could be developed within the parameters of the existing zoning designation; however, the petitioner is seeking this amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed amendment meets the intent of the PUD district, and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The petitioner proposes to develop a large, multi- faceted, mixed use development on 2,139f acres. The non - residential uses will be located along Immokalee Road (OC) and/or at the corners of Immokalee Road and Oil Well Road or Immokalee Road and Randall Boulevard (NC), or in the MU/U tract along Oil Well Road. Residential uses will be located throughout the project on either side of Oil Well Road. The largest preserve area is located Orangetree PUD, PUDZ- 2003 -AR -3608 September 15, 2011 CCPC Revised: 9/7/11 Packet Page -47- Page 14 of 17 in the southeastern corner of the site, with other smaller preserve areas shown south of Oil Well Road also. The overall project density of 1.6 units per acre makes the project a low density project although it is an increase in the originally approved 0.99 units per acre. The project has been evaluated for compliance with the GMP and found to be consistent with the GMP requirements. The GMP is a policy statement, which has evaluated the scale, density, and intensity of land uses deemed to be acceptable throughout Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. Q 06 15. Whether is it impossible to find other adequate sites in the County for the proposed use in E districts already permitting such use. a) N The petition was reviewed on its own merit for compliance with the GMP and the LDC; V- C) and staff does not review other sites in conjunction with a specific petition. The proposed C) amendment is consistent with the GMP as discussed in other portions of the staff report. 16 The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Most new development anticipated by the PUD document would require considerable site alteration. This project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezone process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document and the DRI DO. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING (NIM): The petitioner's agents held the duly noticed NIM on June 29, 2011 at 5:30 p.m. at the Collier County UF/lFAS Extension Office, Naples, Florida. The agent explained the proposed amendment and responded to questions from attendees. The agent has provided a recap of the meeting; that recap is included in the application material. Orangetree PUD, PUDZ- 2003 -AR -3608 Page 15 of 17 September 15, 2011 CCPC Revised: 917/11 1/10/2012 Item 8.A. ENVIRONMENTAL ADVISORY COUNCIL (EACI RECOMMENDATION: The Environmental Advisory Council (EAC) reviewed this project on November 3, 2004. The EAC voted 5 to 0 to recommend approval. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition on September 6, 2011. RECOMMENDATION• Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDZ- 2003 -AR -3608 to the BCC with a recommendation of approval subject to staff s conditions of approval as listed below: The PUD document shall be revised to reflect the following: 1. Remove Resort Lodging Units from the R -3 and R-4 areas; and 2. In the OC district, provide a 25- foot -wide setback to any residential use /area; 3. In the OC district provide a type C buffer between any uses and residential uses. Orangetree PUD, PUDZ- 2003 -AR -3608 September 15, 2011 CCPC Revised: 9/7/11 Packet Page -49- Page 16 of 17 N V- C) N 0 PREPARED BY: KAY SELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: Z2'z� �( zak--- RAYM ND V. BELLOWS, ZONING MANAGER DEPARTMENT OF LAND DEVELOPMENT SERVICES ILLIAM . L NZ, ., P.E., DIRECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES DATE S-31-11 DATE 69- c6 -zoil DATE DATE Tentatively scheduled for the October 11, 2011 Board of County Commissioners Meeting Orangetree PUD, PUDZ- 2003 -AR -3608: September 15, 2011 CCPC Revised: 8/24/11 Page 17 of 17 1/10/2012 Item 8.A. CA &r Count J COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 APPLICATION FOR PUBLIC HEARING FOR; Z AMENDMENT TO PUD (PUDA) ❑ PUD REZONE (PUDZ) 0 PUD TO PUD REZONE (PUDZ -A) PETITION NO PROJECT NAME To be completed by staff'' DATE PROCESSED APPLICANT INFORMATION NAME OF APPLICANT(S) ORANGETREE ASSOCIATES ADDRESS 4500 EXECUTIVE DRIVE, SUITE 110 CITY NAPLES STATE FL ZIP 34119 TELEPHONE # 239- 596 -4088 CELL # FAX # 239- 5964091 E -MAIL ADDRESS: SGLALE AOL.COM WITH COPY TO KRETALLICKna ..ORANGETREEASSOCIATES.COM NAME OF AGENT ROBERT J. MULHERE, FAICP. MULHERE & ASSOCIATES LLC ADDRESS: PO BOX 1367 CITY: MARCO ISLAND STATE: FL ZIP: 34146 TELEPHONE: 239425 -9373 FAX: EMAIL ADDRESS: RJMIULHERE@GMAIL.COM NAME OF CO -AGENT BURT SAUNDERS (GRAY ROBINSON LAW FIRM) ADDRESS: 5551 RIDGEWOOD DRIVE SUITE 303 CITY: NAPLES STATE: FL ZIP: 34108 TELEPHONE: 239 498 -3601 FAX: 239 - 598 -3164 EMAIL ADDRESS: BURT.SAUNDERSC')a GRAY- ROBINSON.COM ADDRESS CITY STATE ZIP TELEPHONE # CELL # _ FAX # E -MAIL ADDRESS: Packet Page -51- 4 Co ft r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. pi N N r O N O 1/10/2012 Item 8.A. +moo eY C�u�t� COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34904 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at htlj2:11—www.colr#eLgov.net/index.asi2x?page=774 NAME OF HOMEOWNER ASSOCIATION: SEE ATTACHED LIST OF ASSOCIATIONS MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP Packet Page -53- 91% AFFECTED ASSOCIATIONS NAME OF ASSOCIATION: Golden Gate Estates Area Civic Association MAILING ADDRESS: PO Box 990596 CITY: Naples STATE: FL ZIP: 34116 NAME OF ASSOCIATION: Corkscrew Civic Association MAILING ADDRESS: 7000 Big island Ranch Road CITY: Naples STATE: FL ZIP: 34120 NAME OF ASSOCIATION: Orangetree Homeowners Association MAILING ADDRESS: 4500 Executive Drive, Suite 110 CITY: Naples STATE: FL ZIP: 34119 NAME OF ASSOCIATION: Orangetree Master Association MAILING ADDRESS: 4500 Executive Drive, Suite 110 CITY: Naples STATE: FL ZIP: 34119 NAME OF ASSOCIATION: Valencia Property Owner Association MAILING ADDRESS: 2223 Grove Drive CITY: Naples STATE: FL ZIP: 34120 NAME OF ASSOCIATION: Waterways of Naples Homeowners Association MAILING ADDRESS: 925 Grated Rapids Boulevard CITY: Naples STATE: FL ZIP: 34120 Qrangetree PUDA — Affected Associations 1 www.cavicsonengineei- uig.w,l. NAME OF ASSOCIATION: Eastern Collier County Chamber of Commerce Q MAH.MG ADDRESS: 1300 North I P Street, Suite 2 CITY: Immokalee STATE: FL ZIP: 34142 E N NAME OF ASSOCIATION: Fifth District Civic Advisory Group C) MAILING ADDRESS: 2335 Tamiami Trail North Suite 308 N CITY: Naples STATE: FL ZIP: 34103 0 NAME OF ASSOCIATION: Citrus Greens at OrangeTree Property Association MAILING ADDRESS: 3150 Orange Grove Trail CITY: Naples STATE: FL ZIP: 34120 NAME OF ASSOCIATION: Corkscrew Civic Association MAILING ADDRESS: 7000 Big island Ranch Road CITY: Naples STATE: FL ZIP: 34120 NAME OF ASSOCIATION: Orangetree Homeowners Association MAILING ADDRESS: 4500 Executive Drive, Suite 110 CITY: Naples STATE: FL ZIP: 34119 NAME OF ASSOCIATION: Orangetree Master Association MAILING ADDRESS: 4500 Executive Drive, Suite 110 CITY: Naples STATE: FL ZIP: 34119 NAME OF ASSOCIATION: Valencia Property Owner Association MAILING ADDRESS: 2223 Grove Drive CITY: Naples STATE: FL ZIP: 34120 NAME OF ASSOCIATION: Waterways of Naples Homeowners Association MAILING ADDRESS: 925 Grated Rapids Boulevard CITY: Naples STATE: FL ZIP: 34120 Qrangetree PUDA — Affected Associations 1 www.cavicsonengineei- uig.w,l. 1/10/2012 Item 8.A. � er �ou�il.�t COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 Disclosure of Interest Information I a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address - - -� % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address % of Ownershi Oran etree Associates _ 100% Springhill of Collier County Inc. -- - Estate of Theodore Boilt - 75% > Maria Bollt (Sole Beneficiary of the Estate) - Roberto Bollt -15% - Stephen Lowitz - 10% 99% Enterprises of Hollywood, Inc. - Estate of Theodore Bolit - 50% > Maria Bollt (Sole Beneficiary of the Estate) - Roberto Boilt - 50% 1 % C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address % of Ownership Packet Page -55- +Co er County COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET P.- N N r O N O r r 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 643 -6968 1/10/2012 Item 8.A. cofity C;Ounty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and /or limited partners. Name and Address F % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address w -0/00f Ownershi Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Packet Page -57- R--- 0-6 N N O N O Go er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 6436968 g. Date subject property acquired ® January 27. 1986 leased ❑ Term of lease yrs. /mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. i't+t'.#1'1:12 FY 1,0t":XFi0N Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum V to 40W scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section /Township /Range 11,12,13,14,22,23,24.2S,--26,27/18/27 Lot: N/A Block: N A Subdivision: N/A Plat Book 2250 Page #: 1827 Property I.D. #: 00210041503 00210440007, 64700625501, 00209960006 Metes & Bounds Description: PLEASE SEE THE ATTACHED LEGAL DESCRIPTION Size of property: + 10,700 ff. X ± 11.110 ft. = Total Sq. Ft. Acres +/- 2.138.76 Address/general location of subject property: LANDS DESCRIBED ARE NORTH AND EAST OF THE INTERSECTION OF IMMOKALEE ROAD AND RANDALL BOULEVARD AS DEFINED BY THE ATTACHED BOUNDARY SURVEY AND LEGAC DESCRIPTION. PUD District (LDC 2.03.06): ® Residential ® Community Facilities ® Commercial F] Industrial 1/10/2012 Item 8.A. EXHIBIT B: LEGAL DESCRIPTION A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA COUNTY OF COLLIER LYING IN SECTIONS 11, 12,13.14.22.23-24,25.26 AND 27 TOWNSHIP 48 SOUTH, RANGE 27 EAST AND BEING FURTHER DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER OF SECTION 14 TOWNSHIP 48 SOUTH RANGE 27 EAST- THENCE - .89030',4 "E. ALONG THE NORTH LINE OF THE NORTHWEST -QUARTER OF SAID SECTION 14 FOR 5000 FEET TO THE EASTERLY RIGHT- OF-WAY LINE OF IM LEE ROAD (STATE ROAD 846)• THENCE N.00025'1 6"W. ALONG SAID EASTERLY RIGHT-OF-WAY LINE FOR 269.21 FEET TO THE SOUTHWEST CORNER OF GOLDEN GATE ESTATE UNIT 59 A SUBDIVISION RECORDED IN PLAT BOOK 7 AT PAGE 61 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA AND TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL: THENCE N.89033'04 "E. ALONG THE SOUTH LINE OF SAID GOLDEN GATE ESTATES UNIT 59 FOR 5294.24 FEET• THENCE N.89 033'04 "E. ALONG THE SOUTH LINE OF SAID GOLDEN GATE ESTATES UNIT 59 AND GOLDEN GATE STATES UNIT 60 A SUBDIVISION RECORDED IN PLAT BOOK 7 AT PAGE 62 OF SAID PUBLIC RECORDS FOR 5328.02 FEET TO THE WEST LINE OF A 80 FOOT WIDE DRAINAGE CANAL RIGHT-OF-WAY. THENCE S.00029'1 7 "E. ALONG THE WEST LINE OF SAID DRAINAGE CANAL RIGHT OF -WAY FOR 1364.99 FEET: THENCE S.89033'04"W. FOR 3729.37 FEET• THENCE S.00029'17 "E. FOR 4173.91 FEET: THENCE S.00-29'1 7"E. FOR 50.00 FEET: THENCE N.89 03532 "E. FOR 302.18 ET-THENCE S.00 024'28 "E. FOR 50.00 FEET: THENCE 5.00°2428 "E. FOR 850.00 FEET, THENCE S.39058'35 "E. FOR 255.00 FEET: THENCE S.50028'31 "E. FOR 630.00 FEET• THENCE S.31029'32 "E. FOR 299.99 FEET• THENCE S 47005'12 "E FOR 686.83 FEET, THENCE N.81045'28 "E. FOR 230.00 FEET: THENCE S.88017'04 "E. FOR 645.91 FEET• THENCE S.58031'32 "E. FOR 1010.00 FEET: THENCE N.89030'43 "E. FOR 400.02 FEET: THENCE S.00029'1 7"E. FOR 2762.49 FEET TO THE NORTH RIGHT -OF -WAY LINE OF RANDALL BOULEVARD (100 FEET WIDE)• THENCE S.89032'1 7"W ALONG SAID NORTH RIGHT OF -WAY LINE FOR 12294.08 FEET TO THE BEGINNING OF A TANGENTIAL CURVE CONCAVE EASTERLY HAVING A RADIUS OF 50.00 FEET• THENCE NORTHERLY 133.90 FEET ALONG THE ARC OF THE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 153026'18" BEING SUBTENDED BY A CHORD THAT BEARS N. 1 3044'34"W. AT 97.33 FEET TO THE EASTERLY RIGHT- OF-WAY LINE OF IMMOKALEE ROAD (STATE ROAD S -846 -100 FEET WIDE) TO A POINT OF REVERSE CURVATURE CONCAVE WESTERLY HAVING A RADIUS OF 2914.93 FEET, THENCE NORTHERLY ALONG SAID EASTERLY RIGHT- OF-WAY 3321.37 FEET ALONG THE ARC OF THE CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 65017'05" BEING SUBTENDED BY A CHORD THAT BEARS N.30020'03 "E. AT 3144.59 FEET• THENCE N.02018'30 "W. ALONG SAID EASTERLY RIGHT -OF -WAY FOR 2561.80 FEET: THENCE N.0101T15 "E. ALONG SAID EASTERLY RIGHT -OF -WAY FOR 2895.93 FEET• THENCE N.41009'15 11E. ALONG SAID EASTERLY RIGHT- OF-WAY FOR 2591.18 FEET• THENCE N.00025'1 6 "W ALONG SAID EASTERLY RIGHT -OF -WAY FOR 269.95 FEET TO THE POINT OF BEGINNING Words Underlined are added; words sffu�ttgh are deleted Packet Page -59- tv N V- C) N 0 CONTAINING 2235.875 ACRES, MORE OR LESS. LESS PARCEL 1 - DESCRIBED IN OFFICIAL RECORD BOOK 4417, PAGE 2960: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 13 TOWNSHIP 48 SOUTH, RANGE 27 EAST: THENCE S.89 °35'32 "W. ALONG THE SOUTH LINE OF SAID FRACTION AND ALONG THE CENTERLINE OF OIL WELL ROAD FOR 1201.85 FEET• THENCE N.00029'1 TV. FOR 50.00 FEET TO THE NORTH RIGHT -OF -WAY LINE OF SAID OIL WELL ROAD AND TO THE SOUTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 2981 AT PAGE 28723 COLLIER COUNTY PUBLIC RECORDS: THENCE N.00129'1 TV. ALONG THE EAST LINE OF SAID PARCEL FOR 2353.80 FEET TO THE NORTHEAST CORNER OF SAID POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL: THENCE S.89 °33'04 "W. ALONG THE SOUTH LINE OF SAID PARCEL FOR 2482.41 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL. THENCE N.00029'1 TV. ALONG THE WEST LINE OF SAID PARCEL FOR 1427.52 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AND TO THE SOUTHERLY LINE OF A 150.00 FOOT WIDE CANAL MAINTENANCE EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 1322 AT PAGE 1903 OF SAID PUBLIC RECORDS• THENCE N.74 °3251 "E. ALONG THE NORTHERLY LINE OF SAID PARCEL AND THE SOUTHERLY LINE OF SAID CANAL MAINTENANCE EASEMENT FOR 1515.81 FEET; THENCE N.89 °33'04 "E. ALONG THE NORTHERLY LINE OF SAID PARCEL AND THE SOUTHERLY LINE OF SAID CANAL MAINTENANCE EASEMENT FOR 1018.02 FEET TO THE NORTHEAST CORNER OF SAID PARCEL: THENCE S.00 029'17 "E. ALONG THE EAST LINE OF SAID PARCEL FOR 1819.99 FEET TO THE POINT OF BEGINNING. CONTAINING 97.120 ACRES MORE OR LESS. AREA OF THE DESCRIBED PARCEL CONTAINS 2138.755 ACRES, MORE OR LESS. Words Underlined are added; words stmelc thexgk are deleted GO &r county 1/10/2012 Item 8.A. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252-2400 FAX (239) 643-6968 Packet Page -61- P-1. a) N 0 N 0 Co r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 ADJACENT • Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (if space is inadequate, attach on separate page). Section /Township /Range N A/ N A/ N A Lot: N A Block: N A Subdivision: N,_A_ Plat Book N A Page #: NSA Property I.D. Metes & Bounds Description: N/A REZONE REQUEST This application is requesting a rezone from the PUD zoning distric(s) to the MPUD zoning district(s). Present Use of the Property: Agricultural Golf Course Mixed - Residential (single and multi - family). Community Facilities Public Facilities Utilities institutional (schools and parks), Neighborhood Commercial Right -of -Way Lakes and Preservation Areas. Proposed Use (or range of uses) of the property: This application seeks to add 1,250 residential units and 272,000 square feet (172,000 sf of retail & 100,000 sf of office) of commercial to an existing, vested Mixed Use Development. Original PUD Name: Orangetree PUD Ordinance No.: 87-13 amended by Ord 91-43, Ord. 04 -73 and Ord. 05-42. Zoning Land Use Single- Family Residential (both Vacant N E - Estates and Developed) - _ Improved Commercial (Gas Station), Single - Family Residential both Vacant & Developed and Public Service S Randall Boulevard & E - E_ states Forest Service & BCI Fire District Single- Family Residential (Vacant) and E E - Estates and MPUD Orange Blossom Ranch MPUD Single- Family Residential (both Vacant W Immokolee Road and E - Estates 1 and Developed)_ Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (if space is inadequate, attach on separate page). Section /Township /Range N A/ N A/ N A Lot: N A Block: N A Subdivision: N,_A_ Plat Book N A Page #: NSA Property I.D. Metes & Bounds Description: N/A REZONE REQUEST This application is requesting a rezone from the PUD zoning distric(s) to the MPUD zoning district(s). Present Use of the Property: Agricultural Golf Course Mixed - Residential (single and multi - family). Community Facilities Public Facilities Utilities institutional (schools and parks), Neighborhood Commercial Right -of -Way Lakes and Preservation Areas. Proposed Use (or range of uses) of the property: This application seeks to add 1,250 residential units and 272,000 square feet (172,000 sf of retail & 100,000 sf of office) of commercial to an existing, vested Mixed Use Development. Original PUD Name: Orangetree PUD Ordinance No.: 87-13 amended by Ord 91-43, Ord. 04 -73 and Ord. 05-42. 1/10/2012 Item 8.A. Co*e,-r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 EVALUATION CRITERIA Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10.02.13.B) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. This petition seeks to amend the language and master concept clan of the approved PUP relating to undeveloped-portions of the PUD The total parcel size is + 2,138-76 acres. The apaiicotion seeks to add 1,250 residential units (single and multi - family) and 272,000 square feet of commercial (172,000 sf of retail and ) 00,000 sf of officel to an existing vested development The project's gross density is proposed at 1.6 UPA well below the 4 upa allowed in the GMP The adjacent propertles to the North are developed with single-family residential agricultural or are vacant Properties to the east of the subject properties are currently vacant but platted for development and consist of both Estates zoning and Orange Blossom Ranch an approved Mixed Use PUD To the south is Randall Boulevard and a mixture of single- family homes. vacant platted land, a Parcel occupied by the Foreda District. Big Corkscrew island Fire District and commercial development to the South and West includina a aas station and retail center. The western side of the subiect property is bounded by Immokalee Road, across which is a mixture of single-family homes and vacant land zoned Estates. The subiect oroaerty is within the Orange Tree Utility service area which provides water and sewer for the development. Based upon the proposed development standards, the proposed MPUD amendment is coml2atible with its neighboring uses The proposed project will comply with all buffering requirements set forth In the Collier County Land Development Code 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The undeveloped portions of the project are owned and controlled by the petitioner. Any commorl areas within the project Including all preserve areas, will be owned and maintained by the owpgr or a homeowner's association Packet Page -63- (: er county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING 8: LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34904 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub - district, policy or other provision allows the requested uses /density, and fully explaining /addressing all criteria or conditions of that • Policy 5.4. Thgproposed development is comlatible with and complimentary to surrounding land es. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The Orangetree MPUD is ap rtially developed The remaining undeveloped lands will be developed with uses that are both internally and externally compatible with neighboring properties, with a concentration on necessary infrastructure and buffering /screening to provide and retain a high quality development for potential end users. This amendment limits the number of residential units to a maximum of 3,350 units and 332,000 sguare feet of commercial development Of these amounts, 2,.100 units and 60,000 sg. ft. of commercial gre vested. The application of buffers and land use limitations will ensure compatibility with adioinina properties for the limited remaining development areas 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The existing lakes golf course and preserve areas meet or exceed the required open space for,, .; this MPUD application. Sub - district, policy or other provision.) Q¢p' The proposed MPUD amendment is consistent with the Collier County Growth Management Plan E through the application of the development standards contained in this MPUD aRp ication e N Qrogosed project is consistent with the following specific policies and objectives: CV • The subject property is within the Rural Settlement Area District Designation as identified on T- C) the Future Land Use Map This designation allows the existing and proposed development inclusive N of the following permitted uses: O r- o residential o earth mining o commercial o agricultural o community facility o community uses o education facilities o religious facilities o golf course o open space and recreational uses o essential service uses. • Policy 5.4. Thgproposed development is comlatible with and complimentary to surrounding land es. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The Orangetree MPUD is ap rtially developed The remaining undeveloped lands will be developed with uses that are both internally and externally compatible with neighboring properties, with a concentration on necessary infrastructure and buffering /screening to provide and retain a high quality development for potential end users. This amendment limits the number of residential units to a maximum of 3,350 units and 332,000 sguare feet of commercial development Of these amounts, 2,.100 units and 60,000 sg. ft. of commercial gre vested. The application of buffers and land use limitations will ensure compatibility with adioinina properties for the limited remaining development areas 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The existing lakes golf course and preserve areas meet or exceed the required open space for,, .; this MPUD application. 1/10/2012 Item 8.A. Co e-r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The project will comply with the County Adequate Public Facilities ordinance No capacity issues are known at this time. Should any further transportation improvements be warranted, they will be addressed through the Platting or SDP review process 7. The ability of the subject property and of surrounding areas to accommodate expansion. Adeauate land is available within the proiect to accommodate the proposed increase in development Recent and planned improvements to the road system in the immediate area will also accommodate the proposed level of development Further, the Increase of much needed commercial square footage in this area will serve to reduce trip lengths on primarily Immokalee Road by brinaina services closer to those in the Orangetree community as well as those in the surrounding area. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed development seeks to preserve the development standard that have been used in the development of the proiect toi date while adopting standards more reflective of current Land Development Code requirements and market conditionsfor development that would result from an approval of this request. Due to the detailed development standards contained In the MPUD document provided no deviations are being re guested at this time Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property To your knowledge, has a public hearing been held on this property within the last year? ❑ Yes ® No If so, what was the nature of that hearing? Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ® Yes ❑ No If so, please provide copies. Packet Page -65- I C14 T- C:) Q C) Co r County COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW-COLLIERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643-6968 NOTICE: This application will be considered " "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply neces nue processing or otherwise actively. pursue the rezoni 1 months. An application deemed "closed" will not receive further processing and on application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the project will be subject to the then current code. (LDC Section 10.03.05-0.) &0 1/10/2012 Item 8.A. Co *r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NE=T (239) 252-2400 FAX (239) 643 -6968 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST .dcc'F hrs , rrP »: n. a''N:, :u- ....i+ �� .��T• ..... tG - .�r -., i 7 _ �'�;`'�, _ q p _ - M4 I, :O CIA `N�:`-' - -.� :r :,Ira. :`�- n'..'•,.- xka`.,i%::. 'e�l:ne-�• % rir t...... �Gt. a. �... s����.. v ,ew.:e:.::,.w._ =.....r- s. -,...: .t<.`:.';.:' ;,,_, �.t.: ::s wiir':: r. S• %1 ` ;::r r. NAME OF APPLICANT(S) ORANGETREE ASSOCIATES ADDRESS 4500 EXECUTIVE DRIVE, SUITE 110 CITY NAPL ES STATE FL ZIP 34119 TELEPHONE # 239- 596.4088 CELL # FAX # 2394964091 E -MAIL ADDRESS: SGLALE ,-AOL COM WITH A COPY TO KRETALLICK a�ORANGETREEASSOCIATES COM ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): H A fi Section/Township/Range 11 12.13,_ 14.23.24.25,E R6 & 27 / 0- / Lot: NA Block: N A Subdivision: hA Plat Book 2250. 1787 Page #: 1827. 1760 Property I.D. 4: 00210041502 ,_00210440007.64700625501. 00209960006 Metes & Bounds Description: PLEASE SEE THE ENCLOSED LEGAL DESCRIPTION Q 'AX -' CO: BE.!'itOVID.EC (Check applicable system): COUNTY UTILITY SYSTEM a. CITY UTILITY SYSTEM ❑ b. FRANCHISED UTILITY SYSTEM PROVIDE NAME ORANGE TREE UTILITY c. PACKAGE TREATMENT PLANT ❑ (GPD capacity) d. SEPTIC SYSTEM ❑ .. •.r,e - ..F: ' < -'. :.� s .,ia• ts•L .y�• ,. o.a.,t Cif, r.,++ �..7. •fir. ,�, . ... TYF.f Ol: ATEl2' SERY T Bi DED . fit.... *. IC.E. PR?Y a. COUNTY UTILITY SYSTEM ❑ b. CITY UTILITY SYSTEM ❑ c. FRANCHISED UTILITY SYSTEM PROVIDE NAME ORANGE TREE UTILITY d. PRIVATE SYSTEM (WELL) ❑ Packet Page -67- Co eT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 yaj Residential Units• (3 bedroom 2 occupants RE br max) = 1.250 units Commercial- Office: 100.000 sq. ft. Q Retail (20% max restaurant): 172A00 ag. ft. aj a) Raw A. WATER -PEAK 1,23A GPM AVERAGE DAILY 44S -040 GPD N B. SEWER -PEAK 1,23§ GPM AVERAGE DAILY 445.040 GPD O N O IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED N/A NA jffi ��� Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. . fCOLl IFR==' GGUi17F4 -UIE_D1CcT10N,'I`nNIENTi If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. r•:s.:_a• .. ...y: .r +-t :•r.- -a..c yYT'r .3_.,r..at _.-p.. � `. >•. -_ ..w.. "r... �� : "t •�M�NT- :'CAF: = AYAL�I►�[L7'i''Y.��AP %', �• ��FR!? =OTH�If >�P�01�' #D�RSn; Unless waived or otherwise provided for at the pre - application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. 1/10/2012 Item 8.A. Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 (Print, Type, or Stamp Commissioned Name of Notary Public) Packet Page -69- N 0 N O r VIA EMAIL tim a davidsonensineering -om S December 2009 Mr. Tun Hancock Davidson Engineering 3 530 Kraft Road Suite 301 Naples Florida 34105 Re Orangetree PUD Amendment Dear Tim: Orange Tree Utility Co Inc provides Water and Sewer service to the above referenced project. The supply of Water and Sewer is sufficient to serve the anticipated population of the Orangetree PUD. Sincerely, Roberto Bollt President 4500 Executive Drive Suite 110 Naples Florida 34119 Phone 239.596.4088 Fax 239.596.4091 . 1/10/2012 Item 8.A. DE 1 ~YY!.Ps4,M UTILITY PROVISIONS STATEMENT General Description This PUD amendment petition seeks to amend the language and uses of the approved Orangetree PUD relating its undeveloped portions. The total parcel size is 2,183.76 acres. The affected areas are limited to the undeveloped portions of the project. The application seeks to add 1,250 residential units and 272,000 square feet of commercial uses to an existing vested development. This project is located in Sections 13, 14, 23 & 24, Township 48 South, Range 27 East, Collier County, Florida. IM& Summary The development area will be served by Orangetree Utilities for both sanitary sewer and potable water. All permits related to dewatering, utilities and construction will be applied for concurrently with the Site Development Plan application. The demand flows have been calculated as follows: Average Daily Flows: Residential: 1,250 units (3 bdrm) x 300gpd/unit Commercial: Office: 100,000 sq. ft. x 15 GPD /100 sq. ft. Shopping Center: Retail (80% of Shopping Center): 137,600 sq. ft. x 0.1 GPD /sq. ft. Restaurant (max. 20% of Shopping Center): 34,400 sq. ft. x 150 seats/5,000 sq. ft. x 400PD /seat 375,000 GPD 15,000 GPD 13,760 GPD 41,280 GPD Total Additional Average Daily Flow = 445,040 GPD Peak -Flow Demand: Using a peaking factor of 4 x 445,040 GPD x 1 day /1440min. = 1,236 GPM 4rangetree PUDA: Utility Provisions Statement www.devidsonengiiieerh)g.com Packet Page -71- Stormwater Management System The surface water management system will be designed to utilize a series of catch basins, ditch inlets, and stormwater pipes to convey the storm water runoff to a series of interconnected lakes per the Conceptual ERP No. 11- 00418 -S approved by the SFWMD in 1988. The system will be designed using the parameters set forth in the approved permit and Q any changes will be covered in an application for a modification to the approved permit per 06 SFWMD and Collier County requirements. The stormwater management system will be E owned, operated and maintained by the property owner association. N N O N O r Grangetree PUDA; Utility Provisions Statement 2 www.davidsonengineering.cora , t, Packet Page -73- 1/10/2012 Item 8.A. �-oN a b W {} I 5 v Z O .nom r v Z_a Z�W W� Z oil WE O� 2 4 °z0 O�ao� Z a_W 4° Qa fA 0� x m 4� w z� 0 a� N C) N O r b N pN N� a F -L LJONOWN-i JL I a ;I Q. II { It I I) t � - ►r y I 1 I I) L. 1 I I t 1Lmt I l AIL U -M-M 11 —IIRJ 1 R U it rT�rm- mmT�__— _-- ____.._ —__ — (� II 1 1 LL - i 1 I 1111 - -- - - -- LJ - I � r t U I (-,us) avow aaivxomu ma.sca «laps r. awu« M ..o�w..lr....n.�wu....- am.w -.mz i N V III zo we� Zg W Wy 'W g� ,,zwz Vem ZW z': o`$ WR _ 0 Ed a o96 WE oZ N Q' n O 1/10/2012 Item 8.A. cotber Count, C43i.UER, COLJN*11� GOVERNMENT 28U0 NORTH HORSESHOE DRIVE GrZOWTH MANAGEMENT DIVISIONI NAPLES, FLORIDA 34104 F "t_ANNiNG AIND ULA 1 !Girl (x 39) 2,6'� 400 FAX {23 ".J) 252-635U AFFIDAVIT We /f, ROBERTO BOLLT SUCCESSOR TRUSTEE FOR ORANGETREE ASSOCIATES being first duly sworn, depose and say that we/[ am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We /1 understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We /I further authorize BURT SAUNDERS MAY ROBINSQN LAW FIRMI, ROBERT 1. MULHERE FAICP fMULHERE & ASSOCIATES. I.Q. JEREMY STERK (DAVIDSON ENGINEERING). NORMAN J TREBILCOCK, AICP, P.E. (TREBILCOCK CONSULTING SOLUTIONS, PA) AND .MATTHEW D. McLEAN. P.E. fAGNOLi. BARBER & BRUNDAGE, INC.) to act as our /my representative in any matters regarding this Petiti Sivr re of PropeKOwner Signature of Property Owner ROBERTO BOLLT, SUCCESSOR TRUSTEE FOR ORANGETREE A5 QGIATES Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this day ofd 206-b--, by T' -TV ? -2L4 -T— who is personals own to me or -hes- produced .:.:...__.as- Iden#ficalion. State of Florida County of �t� 19MBERLY AUgg,1CK MY COMMISSION t OD 664233 EXPIRES: June 28, 2011 r�. a, •' 600dod Piro Hotey Pubic Uwonv m Ru sal ANY2010 (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Packet Page -75- N N r— O N O r— co er county COLLIER COONTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW W W W.COLLIERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643 -6968 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BH.OW W /COVER SHEETS ATTACHED TO EACH SECTION. uw��_ I�1MUlle L.�l. e��la W RVV A l e UM I f1AT az A fV+euTr n • .... • .. .: . REQUIREMENTS ' . .. • _ ... ... #.OP COPIES . REQUIRED "NOT REQUIRE 1 Additional set if located in the Bayshore/Galaway Triangle Redevelo ment Area) Copies of detailed description of why amendment is necessary 24 Completed Application with list of Permitted Usesj Development Standards Tobtej List of proposed deviations from the LDC (if any), List of Developer Commitments and Statement of Compliance narrative (download application from web For current farm) 24 ® ❑ Pre-application meeting notes 24 El PUD Concepitual Master Site Plan 24" x 36" and One 8 %2" x 11" copy 24 ❑ Revised Cones tual Master Site Plan 2X 'x 36 "and One 8 1/2" x 11 " copy 24 Original PUD dot and and Master Plan 24" x 36"— ONLY IF AMENDING THE PUD 24 Revised PUD application with changes crossed thru & underlined 24 Revised PUD application w amended Title page w ord #'s LDC 10.02.13.A.2 24 Justification /Rationale for the Deviations (must be on a separate sheet within the application material lease DO NOT include it In the PUD documents 24 Deeds/Legars & Survey (if boundary of original PUD is amended) 3 List identifying Owner & all parties of corporation 2 Owner /Affidavit signed & notarized 2 Covenant of Unified Control 2 ❑ Completed Addressing cheddist 2 Environmental Impact Statement (EIS) and digital /electronic copy of EIS or exemption Justification 4 Historical Survey or waiver request 4 ❑ Utility Provisions Statement w /sketches 4 Architectural rendering of proposed structures 4 Survey, signed & sealed 4 Traffic Impact Statement (TIS) or waiver (with applicable fees) 7 Recent Aerial Photograph (with habitat areas defined) min scaled 1 "=400' S Electronic copy of all documents in Word fornat and plans (CDRom or Diskette) 1 Copy of Official Interpretation and /or Zoning Verification 1 if locoted in R MU (RMI Fringe Mixed Use) Receiving Land Areas Applicant must contact Mr. Gerry J. Locavero, State of Florida Division of Forestry Q 239 -690 -3500 for information regarding "Wildfire Mitigation & Prevention Plan ", LDC Section 2.03.08.A.2.o.(b)i a Apprconf /Agent Signature Date Ry REZONE NARRATIVE 1/10/2012 Item 8.A. This Planned Unit Development Amendment (PUDA) rezone petition proposes to amend the existing zoning of the Orangetree PUD (referred to as the "Property" through the remainder of this document) from PUD — Planned Unit Development to MPUD — Mixed - Use Planned Unit Development. The Property is 12,13 8.76 acres and is located north and east of the intersection of Immokalee Road and Randall Boulevard as defined by the attached boundary survey and legal description. Bordering the Property to the south is the Randall Boulevard right -of -way (ROW) and an existing gas station zoned PUD, a retail center also zoned PUD and multiple developed and vacant single - family residential properties zoned Estates beyond. To the west and north are a number of developed and vacant single - family residential properties zoned Estates. Bordering the Property to the east beyond the canal are undeveloped residential lands zoned Estates and PUD as well as the Orange Blossom Ranch MPUD which allows for residential and commercial development at significant levels. If this rezone petition is approved, the Property will retain its current PUD zoning for existing and developed portions of the property and new land uses with associated development standards will be adopted for the undeveloped portions of the project. The proposed rezone will restrict the uses permitted on the Property to Highway - Oriented and Convenient Commercial Uses consistent with the Growth Management Plan. The intended uses are compatible with the surrounding properties through restriction of development standards and required buffering. All proposed development will be buffered and screened from surrounding land uses via landscaping as required by the Collier County Land Development Code (LDC) and shall conform to the dimensional standards in the MPUD developments standards table. The rezone will ultimately accommodate the expansion of commercial uses by 172,000 square feet of retail and 100,000 square feet of office (272,000 square feet of commercial total) and the provision of an extra 1,250 mixed residential units (single and multi - family) in the Orangetree NTUD. Orangetree PUDA - Rezone Narrative 1 www.davidsonengineering.com Packet Page -77- a� N V_ O N O Q*er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2440 FAX (239).643 -5968 PRE - APPLICATION MEETING NOTES PUD Rezone (PUDZ) .. � o em-a" ( ►_ ❑ PUD to PUD Rezone (PUDZ -A) ❑ PUD Amendment (PUDA) PLO =09 tV_'- e_t- tstti�g c_b4- pa6pct - aLet Date: It 36 Time: ) Firm: � Project Name: ��.i(1�2�� -i Size of Project Site: acres Applicant 0.q.L2& t _ Phone: g3tk- c "o Owner Name • Phone: Owner Address: City Slate ZIP Existing PUD Name and Number 4'-"!a 4 p tiQ_ Assigned Planner D_m a Meeting Attendees: (attach Sign -in sheet) Meeting Notes 0 1.♦'i e CMe'r County COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLUkRGOV.NET 1/10/2012 Item 8.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 262-2400 FAX (239) 643 -6968 PUD REZONE (PUDZ) PUD to PUD REZONE (PUDZ -A) PUD AMENDMENT (PUDA) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS ## OF COPIES REQUIRED NOT REQUIRED SYANDARD,REQUIR6M NT$ ::'. • ,...'. : I Additional set if located In the Bayshore /Gateway Triangle Redevelo meat Area) �. 1 Additional sot for School Board Review (if contains residential com oinents) Copies of detailed description of why amendment is necessary__ 24 Completed Application (download from websbe for current form) 24 Pre-application meeting notes 24 r1 PUD Document & Conceptual Site Plan 24" x 36" and One 8 %" x 11" copy 24 Revised Conceptual Site Plan 24" x 3eand One 8 t /2" x 11" copy 24 Original PUD document and Master Plan 24" x 36" ONLY IF AMENDING THE PUD 24 Revised PUD document with chart as crossed thru & underlined 24 Revised PUD document w amended Title page w ord #'s, LDC 10.02.13.A.2 24 Deeds /Legal's & Survey (if boundary of original PUD is amended) 3 List identifying Owner & all parties of corporation 2 Owner /Affidavit signed & notarized 2 Covenant of Unified Control 2 Completed Addressing checklist Go we ?vuvA C wo 2 Environmental Impact Statement (EIS) * or exemption justification 2 Digital /electronic copy of EIS . 1 Historical Survey or waiver request 4 Utility Provisions Statement w /sketches 4 Architectural rendering of proposed structures 4 Survey, signed & sealed 1Ro a—n 4 Traffic Impact Statement (TIS) or waiver (with applicable fees) 7 IV Copy of Traffic impact Statement (TiS) on CDROM 3 Aerial photographs (taken within the previous 12 months min. scaled 1 "= 200'), showing FLUCCS Codes Legend, and project bounclaa 5 Electronic copy of all documents in Word format and plans (CDRom or Diskette) 1 Justification /Rationale for the Deviations (must be on a separate sheet within the application material• DO NOT include it in the PUD documents) 24 Copies of Official Interpretations and /or Zoning Verifications 1 Packet Page -79- N N O N O Goer county COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW COLLIERGOV -NET AffordalileHousing or Economic bevelepment Council Projects: 0 EDC "Fast Trade" must submit approved copy of official application 0 Affordable Housing "Expedited" must submit copy of signed Certificate of Agreement. '*If project includes an Affordable Housing component, you are required to sdhedi 3 meeting before the Affordable Housing Advisory Committee by contacting the i i if located In RFAKU (Rural g se L n Areas Applicant must contact Mr. Gerry J. Locovera, State of Florida Division of Forestry @ 239 - 690.3500 for information regarding "Wildfire Mitigation & Prevention Plan ", LDC Section 2.03.08A.1c:4 )I.c. hi �& a- of Ctty of Nap' °° send "oily of Ibmittal p_Qdm9e� 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 262-2400 FAX (239) 6434968 2 I i I IL locarea Wit n LU t Robin Singer, Planning Director City of Naples 295 Riverside Circle, Naples, FL 34102 eJi Fees: Application Fee: ❑ $10,000 (PUD Rezone) + $25 per acre (or- fraction of thereof) Gy $8,000 (PL1D to PUD) + $25 per acre (or fraction thereof) ✓✓ ❑ $6,000 (PUD Amendment) + $25 per acre (or fraction of an acre) ® $150.00 Fire Code Review / $100 for PUDZ -A $2,250.00 Comprehensive Planning Consistency Review y� ® $500.00 Pre - application fee 1�� 'T?.E M f� (�41,niseatio�s subrri�tted anth r more a r the dat fhe las, re-wpp m mg sheot erect owar s pp ation es an new pre- plicatton tng 'Will b sq ed. ® $925.00 Legal Advertising Fee for CCPC meeting ® $500.00 Legal Advertising Fee for BCC meeting (advertising costs are to be reconciled upon receipt of invoice from Naples Daily News). VIT $2500.00 Environmental impact Statement review fee $1000.00 Listed or Protected Species survey review fee (when an EIS is not required) Property Owner Notification fees. Property Owner Notifications $ T.SO Non - certified; $340 Certified return receipt mail (to be paid after receipt of invoice from Dept. of Zoning & Development Review) AULch a Se rate Ch for Tcans orta9213 Fees (Refer Exhibit A): � $500.00 Methodology Review Fee, if requiredGt�at�� *Additional Fees to be determined at MethodologyC441 eting pee Total $ PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW' r,nmmPnts should be forwarded to the Planner rjor to the due date SCHOOL DISTRICT SUPERVISOR OF ELECTIONS DRiEM1- EMER. MGMT - Jim Von Rlntein CDES Coordinator- Route Sheet Only _ i/" PARKS & REC - Sid Kittlla City of Naples - Robin Singer IMMOKALEE WATERISEWER DISTRICT f Utiiitles Engineering - Zamira Deltoro f C6)*eY County COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 1/10/2012 Item 8.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643.6968 PUBLIC PARTICIPATION REQUIREMENTS LDC 10.03.08 F. Applicant must conduct at least one Neighborhood informational Meeting (NIM) after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission.. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to Section 10.03.054.8. Notification shall also be sent to property owners, condominium and civic associations whose members are Impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Zoning Department and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one- fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner than five (5) days before, the NIM. The Collier County staff planner assigned to the project must attend the NIM. and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Zoning Department As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Zoning Department. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at Its expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 13 days of recording of said Memorandum or Notice. Packet Page -81- lzgkt a� N V- C) N O r nZ N N r O N O r r DeselemKay From: Burt Saunders [BurLSaunders@gray- robinson,com] Sent: Monday, November 02, 2009 11:32 AM To: DeselemKay Cc: Tim. Hancock@davidsonengineering .cam; SGLALE @aol.com Subject: RE: Orangetree PUD, AR 3608 Thank you for the quick response. This matches my recollection as well and we will certainly have our application in for processing prior to December 28, 2009. We will also seek to have the pre - application meeting that you refer to. Burt Saunders GrayRobinson, P.A. 5551 Ridgewood Drive. Suite 101 Naples, Florida 34108 Maas: 23"98-38011 Fax: 239598.3164 GRAY I ROBINSON AMP,NFYS AT LAW This a-mall is intended only for the individuals) or entity(s) named within the message. This e-mail might contain legally privileged and confidential Information. 8 you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attomey- client or work product privileges. should the Intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney -client privilege. if the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or oopying of this communication is prohibited by the sender and to do so might constitute a violation of ft Electronic Communications Privacy Act, 18 U.S.C. section 2610 -2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this "aft message shag, in and of itself, create an attorney - client relationship with the sender. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials. Froth., DeselemKay [ maiito :KayDeselem @coliiergov.net] Sent: Monday, November 02, 2009 10:34 AM To: Burt Saunders Cc: bellows r; weeks d; IstenesSusan; Schmitdoseph; Tim Hancock Subject. Orangetree PUD, AR 3608 As I said I would in our meeting with Ray this morning, i researched old emails and found more information about when the petition is to be resubmitted. Our memories were off somewhat on the fee payments that are due. I have attached a copy of the Executive Summary prepared for this petition seeking a fee reduction by the BCC on 9/23/08 that indicates that: The petitioner has agreed to address all new regulations as part of the next resubmittal and pay additional money to offset the increased review that will be required for this petition. For comparison's sake, in 2003 the petition paid a fee of $2,715. if a new PUD application was submitted the current base fee with acreage would be $23,400 ($8,000 for the amendment + 15,400 [616 acres $25 10cre]). Based on today's fees, the correct resubmittal fee (including additional one time fees not paid with the initial submittal to at feast partially recover advertising and miscellaneous review fees for Environmental staff that are now collected lup front") would be $8,453, This breaks down to: $4,680 resubmittal fee of 20 percent 1/10/2012 Item 8.A. 1,273 uncollected advertising fees +2,500 uncollected Environmental Review fee $8,453 total resubmittal fee per current fee schedule Therefore, staff and the petitioner's agent have discussed the possibility of a compromise regarding the resubmittal fee to address the changes. Staff proposed that the petitioner pay $8,453 as noted above to cover the uncollected fees and the 20 percent resubmittal fee, Any subsequent resubmittals would be assessed the $4,600 resubmittal fee that has been established by the Collier County Community Development and Environmental Services Fee Schedule. This solution is acceptable to the petitioner's agent. This fee reduction was also discussed in an email message that i have attached. In that same email message Tim suggested, and! agreed, that it would be best to have a meeting with the staff reviewers prior to the resubmittal in'the style of a pre - application meeting —to go over what submittal, documents would be required. There is a $500 fee /hour fee, with an additional $250 /half hour as well for project meetings —per the BCC adopted fee schedule. That fee would need to be paid on the meeting date. Please have Tim call me to arrange that meeting as soon as possible to allow your team time to prepare the necessary documents and meet the resubmittal deadline. All references that I could find regarding the timing of the resubmittal indicate that the resubmittal is to be made 60 days from the date of a letter from DCA. Ray and I discussed this and believe it is more appropriate to allow 60 days from the date the appeal option is exhausted. The SLIM and BLID DCA letter was dated September 28, 2009, with a 30 -day appeal period. Therefore a complete resubmittal must be made no later than December 28, 2009 or this petition will be deemed withdrawn. <<RE: Orangetree PUDA- 2003 -AR- 3608» <<Executive Summary fee reduction request 7- 29.08.doc>> Kay Deselem, Amp Principal Planner Zoning d Land Development Review Department Community development d Environmenfal Services 2800 N, Horseshoe Drive Naples, FL 34104 Phone. 239- 252 -2931 Fax 239 -252 -6357 Packet Page -84- RamirexHeather Subject: Pre -app PUD; Jessica Ramos, Applicant; Kay Deselem, Planner Location: Conference Room C Start: Mon 11130/70091:15 PM End: Mon 11/30/2009 2:15 PM Recurrence: (none) Meeting Status: Meeting organizer Organizer: GDS -C Q Required Attendees: DeselemKay; AblerKenneth; AuciairClaudine; beard-1; BuchheltDavid; CallisCraig; 06 CasallanguldaNick; chrzanowski s; DeltoroZamira; JarrelL_p; MossJohndavid; PauloMartins; E PodczerwinskyJohn; wiley_r; DarcoChristopher; Jessica Ramos N N Meeting Type: preapplication o Requested By: Jessica Ramos on 10- Nov -09 N Phone: 239 - 434 -6060 eMail: Jessica (adavidsonemmaeering.com o Representing: Davidson Engineering Folio: 00210041503 Zoning Orangetree PUD SPD /SIP 3608 Subject Type: PUD Amendment Location: LANDS DESCRIBED ARE NORTH AND EAST OF THE INTERSECTION OF IMMOKALEE ROAD AND RANDALL BOULEVARD AS DEFINED BY THE ATTACHED BOUNDARY SURVEY AND LEGAL DESCRIPTION Naples 34120 Description: PUD Amendment for the Orangetree PUD pL-k:� aa�p\ a z r� W {it Z rj oz �z 0 4 W C. CH 0 0 ' ✓ Q I� N E Co z m CL ui N Ch W m .G z d c 0 IL d� �I z U) 0 as C Q 4) C) C 0 !1 0 0 z i M N CAE C4 ix E Q 0 m 0 L C .a 0 .� E � d cu y Packet Page -86- 1/10/2012 Item 8.A. V � v b v Q Mir, d 0i oj .1 i ` d S o� 1 T W d 0 q 47 .0 G a o. a Il. i a� N O N O STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST Govemor September 28, 2009 Mr. Tom Beck, AICP WilsonMiller, Inc. 1441 Maclay Commerce Drive, Suite 101 Tallahassee, Florida 32312 THOMAS G. PELHAM Secretary RE: Binding Letter of Modification to a Development with Vested Rights and Binding Letter of Interpretation of Development of Regional Impact Status- for North Golden Gate; File Nos. BLIM -09 -2008 -002 and BLID -09- 2008 -002; Final Order No. DCA 09- BL-321 Dear Mr. Beck: The Department has evaluated your applications for Binding Letters to the North Golden Gate development (also known as Orangetree): an application for a Binding Letter of Interpretation of Modification to a Development of Regional Impact with vested rights (SLIM), and an application for a Binding Letter of Interpretation of Development of Regional Impact status (BLID). The Department received the applications on January 15, 2009, as well as supplemental information received on April 6, 2009, and August 6 and 20, 2009. Based on the information , contained in the applications and other information obtained during review of the proposal, the Department enters the following Findings of Fact, Conclusions of Law, and Order. FINDINGS OF FACT 1. The applicant is Mr., Toin Beck, of WilsonMiller, Inc., authorized representative for Orangetree Associates, Roberto Bollt, Trustee, the property owner. The applicant has proposed modifications to the vested plan of development, including in part, removal of 661 acres, development of a golf course, addition of two schools, provision of 90 acres for preservation, and reconfiguration of development uses (see Proposed Modified Plan of Development, Exhibit A -3- 1 of the BLIM application attached hereto and incorporated herein). The applicant has proposed additional nonvested development in three areas for 1,250 residential dwelling units, 172,000 square feet of retail with 688 parking spaces, and 100,000 square feet of office (see Exhibit 2 of the BLID application attached hereto and incorporated herein) 2665 SHUMARD OAK BOULEVARD f TALLAHASSEE, FL 32399 -2100 850 -488 -6466 (p) ♦ 850- 921 -0761 (f) ♦ Webs)le: jKWw.dca. state, fl, us • COMMUNITY PLANNING 850AW2356(p) 850- 4W4W9(Q • FLORIDA COMMUNITIES TRUST 850.9222207(P) 950. 9214747(1) • • HOUSING AND COMMUNITY DEVELOPMENT 85D.08-79W(P) 850-022,%23(Q • 1/10/2012 Item 8.A. Mr. Tom Beck, AICP September 28, 2009 Page 2 2. A brief history of North Golden Gate is as follows: On April 8, 1986, the Department issued a BLIVR - BLIM -VRS (File No. BLIVR- 986 -004; BLIM - 986 -007; and VRS -986 -074) and determined that the proposed development for North Golden Gate located on 2,797.83 acres is vested from undergoing DRI review pursuant to the requirements of Section 380.06, Florida Statutes (F.S.). Collier County subsequently adopted several ordinances (Ordinance No. 87 -13 on March 31, 1987; Ordinance No. 91 -43 on May 28,1991; Ordinance No. 04 -30 on May 11, 2004; Ordinance No. 04 -73 on November 16, 2004; Ordinance No. 04 -74 on November 16, 2004; and Ordinance No. 05 -42 on July 26, 2005) addressing development of the property, including renaming the project as Orangetree, the removal of approximately 661 acres from Orangetree, and the approval of the " Orangetree PUD" encompassing the entire remaining 2,136.8 acres. 3. Based on the BLIVR BLIM -VRS issued April 8, 1986, the North Golden Gate development is vested for 2,100 residential dwelling units on 826 acres, 60,000 square feet of retail on 22 acres, 1,600 acres of agriculture, 95 acres of community use (school, park, and utilities), 70 acres of road right -of -way, and 185 acres of lakes /canals located within a total site comprising 2,797.83 acres. The 2,797.83 acres is located in Sections 11, 12, 13, 14, 23, 24, 25, 26 and 27, Township 48 South, Range 27 East, and Sections 18, 19, and 30, Township 48 South, Range 28 East, Collier County, and is situated approximately eight miles southwest of the Town of Immokalee, northwest of the intersection of Immokalee Road and Randall Boulevard. BLIM 4.. The proposed modified plan of development, as compared with the currently vested plan of development for North Golden Gate, provides for: a. Renaming the project as " Orangetree PUD" and removal of approximately 661 acres from the vested plan of development. The removal of the 661 acres reflects actions by Collier County to decrease the size of the Orangetree development from 2,797.83 acres to approximately 2,136.8 acres. Specifically, Collier County Ordinance Number 91 -43 (May 28, 1991) decreased the size of Orangetree to 2,752.8 acres, and Collier County Ordinance Number 04 -73 (November 16, 2004) decreased the size of Orangetree to approximately 2,136.8 acres. The location of the 2,136.8 acres that is proposed to comprise the vested plan of development for Orangetree PUD is shown on the Proposed Modified PIan of Development (Exhibit A -3 -1 attached hereto and incorporated herein) of the BLIM application. b. The proposed modified vested plan of development for the entire 2,136.87 acre Orangetree PUD is for 2,100 residential dwelling units on 749 acres, 60,000 square feet of Retail on 22 acres, a golf course on 200 acres, community use (schools and parks on 190.2 acres; Packet Page -88- Mr. Tom Beck, AICP September 28, 2009 Page 3 utilities on 28 acres; public facility for water and wastewater treatment on 216.2 acres; and parks /fairgrounds on 90.6 acres) on 525 acres, lakes on 341 acres, right -of -way on 142.8 acres, preserve on 90 acres, and agriculture on 67 acres. c. The proposed modified vested plan of development will result in an increase in Q development of one golf course on 200 acres, addition of two schools, the provision of 90 06 acres of preserve for upland vegetation, a net increase of 153 acres for lakes /canals, a net N . increase of 72.8 acres for road right -of -way, a net increase of 430 acres for community use, a net decrease of 1,533 acres for agriculture, a net decrease of 77 acres for residential, and cN no change in the amount of acreage for commercial. The proposed modified vested plan of T- 0 development does not change the amount of residential dwelling units (2,100 units) or N commercial (60,000 square feet). The current vested plan of development contains no _C) preserves. 5. Pursuant to Section 380.06(4)(e), Florida Statutes (F.S.), in determining whether a proposed substantial change to a development of regional impact concerning which rights had previously vested pursuant to Subsection (20), would divest such rights, the state land planning agency shall review the proposed change within the context of: (1) The criteria specified in paragraph 380.06(19)(b), F.S.; (2) Its conformance with any adopted state comprehensive plan and any rules of the state land planning agency; (3) All rights and obligations arising out of the vested status of such development; (4) Permit conditions or requirements imposed by the Department of Environmental Protection or any water management district created by Section 373.069 or any of their successor agencies or by any appropriate federal regulatory agency; and (5) Any regional impacts arising from the proposed change. 6. The Department has consulted with local, regional, and state agencies and finds that the only regional issue likely to be impacted is transportation. 7. In determining whether the proposed changes (as described above in paragraph 4) to the vested plan of development of North Golden Gate will constitute a substantial deviation, the Department applied the applicable criteria of Section 380.06(19)(b), F.S.: a. Section 380.06(,19)(b)13, F.S. A 15- percent increase in the number of external vehicle trips generated by the development above that which was projected during the original development of regional impact review. 1/10/2012 Item 8.A. Mr. Tom Beck, AICP September 28, 2009 Page 4 8. In applying the criteria of Section 380.06(19)(b)13, F.S., to the proposed changes to North Golden Gate, the Department finds that: a. The number of PM peak hour trips from the Orangetree PUD will increase from 2,721 to 3,073. as a result of the proposed modification, which amounts to an increase of 352 trips or a 12.9 percent increase. This increase is less than the substantial deviation criterion of 15 percent. Thus, the proposed modification does not exceed the external vehicle trips substantial deviation criterion of Section 3 80.06(19)(b) 13, F.S. 9. Pursuant to the criterion in Section 380.06(4)(e)2., F.S., to determine whether the proposed changes are in conformance with the State Comprehensive Plan, the Department reviewed and applied the goals and policies of the State Comprehensive Plan as a whole to the proposed modification to the Orangetree PUD development. When reasonably applied, the Department finds the proposed modification is consistent with the goals and policies of the State Comprehensive Plan. The Department finds that the proposed modification will not create additional regional impacts to regional resources and facilities. Pursuant to Section 380.06(4)(e)5., F.S., the Department concludes that the proposed modification does not constitute a development which, because of its character, magnitude, or location, would have a substantial effect upon the health, safety, or welfare of citizens of more than one county. Pursuant to Section 380.06(4)(e) I — 5., the proposed modifications to the vested plan of development for the Orangetree PUD do not divest any rights the developer has acquired under Section 380.06(2), F.S., to complete the development of the Orangetree PUD. BLID 10. The applicant has requested a Binding Letter of Intrepretation of Development of Regional Impact Status (BLID application) to address the additional proposed nonvested development. The proposed nonvested development portion of Orangetree PUD is located on Development Areas 1, 2, and 3 (Exhibit'2 of the BLID application attached hereto and incorporated herein) within the boundaty of the 2,136.8 acres of Orangetree PUD and consists of 1,250 residential dwelling units, 172,000 square feet of gross leasable area of retail use with 688 parking spaces, and 100,000 square feet of gross leasable area of office use. The proposed nonvested development acreages and land uses are as follows- Development Area Acres Land Use Development Areal 28.11 acres Mixed -Use (Residential and Retail /Office Commercial Development Area 2 272.43 acres Residential Development Area 3 31.5 acres Retail and Office Commercial Packet Page -90- I. a� N V- C) N O Mr. Tom Beck, AICP September 28, 2009 Page 5 The proposed nonvested development amounts (1,250 residential dwelling units, 172,000 square feet of retail use, and 100,000 square feet of office use) are in addition to the vested amounts of development for Orangetree PUD. 11. Section 380.06(2)(c), F.S., states that the Department shall apply the guidelines and standards that were in effect when the developer received authorization to commence development from the local government of jurisdiction. The applicant has not yet received final authorization from the local government to commence development of the proposed nonvested development. Therefore, the applicable guidelines and standards for determining whether this project shall undergo DRI review are Sections 380.0651(d), (e), and (h), and Rule 28.24 -023, F.A.C. a. Section 380.0651(3)(4), F.S., Office Development, provides, in part, any proposed office building or park operated under common ownership, development plan, or management that: 1. Encompasses 300,000 or more square feet of gross floor area. The proposed development of 100,000 square feet of office is 33 percent of the office threshold; and therefore, the project is not required to undergo DRI review based solely on the office threshold. b. Section 380.0651(3)(e), F.S., Retail and Service Development, provides, in part, any proposed retail, service, or wholesale business establishment or group of establishments which deals primarily with the general public onsite, operated under one common ownership, development plan, or management that: 1. Encompasses more than 400,000 square feet of gross area; or 2. Provides parking spaces for more than 2,500 cars. The proposed development of 172,000 square feet of retail with 688 parking spaces is 43 percent of the retail square footage threshold and 27.5 percent of the retail parking space threshold; and therefore, the project is not required to undergo DRI review based solely on the retail threshold. c. Rule 28- 24.023, F.A.C., Residential Developments, provides, in part, that the DRI threshold for counties with a population between 250,001 and 500,000 is 2,000 dwelling units. The development of 1,250 dwelling units is 62.5 percent of the residential threshold; and therefore, the project is not required to undergo DRI review based solely on the residential dwelling threshold. d. Section 380.0651(3)(h), F.S., Multiuse development, provides, in part, that any proposed development with three or more land rises, one of which is residential and contains at least 100 dwelling units or IS percent of the applicable residential threshold, whichever is greater, where the sum of the percentages of the appropriate thresholds identified in chapter 28 -24, F.A.C., or this section for each land use in the development is equal to or greater than 160 percent. The sum of the percentages of the thresholds above in items a through c, is 138.5, which is 86.5 percent of the multiuse threshold; and therefore, the project is not 1/10/2012 Item 8.A. Mr, Tom Beck, AICP September 28, 2009 Page 6 required to undergo DRI review based solely on the multiuse threshold. 12. None of the thresholds exceeds 100 percent. Thus, pursuant to Section 380.06(2)(d)l.a., F.S., the proposed development is not required to undergo DRI review. 13. All commitments made by the applicant, all materials submitted by the applicant with the applications, and all other relevant written materials are incorporated herein by reference and made a part hereof. 14. On January 30, 2009, notice for this request for a Binding Letter of Modification and Binding Letter of Interpretation was published in the Florida Administrative Weekly. In addition, the Southwest Florida Regional Planning Council and Collier County have been notified. CONCLUSIONS OF LAW 1. The proposed modifications to the vested plan of development for the Orangetree PUD as described in paragraphs 4, 5, 6; 7, 8, and 9 do not divest any rights the developer has acquired under Section 380.06(2), F.S., to complete the development of the aforementioned Orangetree PUD. 2, The proposed nonvested development as demonstrated in paragraphs 10, 11, and 12 is below 100 percent of the applicable DRI thresholds as provided in Section 380.0651, F.S., and Rule Chapter 28 -24, F.A.C. Therefore, the proposed nonvested development is not required to undergo DRI review. ORDER 1. The proposed modifications to the vested plan, as described in paragraph 4, will not divest the vested rights to develop. If the changes described in the applications for this binding letter are approved by the local government of jurisdiction and incorporated in a new development order, they will constitute the vested plan of development and must be followed by you and your successors. If any further changes are proposed for your project, they should be submitted by the applicant or successor(s) to the Department for comparison together with the impacts of the plan now vested in this letter. Should any of the above representations made by the applicant be substantially changed, further binding letter review of the project may be required. 2. The proposed nonvested development, as described in paragraph 10, is not required to comply with the review requirements of Section 380.06, F.S. 3. The nonvested development will be considered cumulatively with any further additional development in terms of the guidelines and standards contained in Chapter 28 -24, Florida Packet Page -92- I.. N N 0 N 0 Mr. Tom Beek, AICP September 28, 2009 Page 7 Administrative Code, and Section 380.0651, F.S., and its related impacts. Should any of the above representations made by the applicant be subsequently changed, further review of the project may be required. 4. The binding letter as it applies to the nonvested development will expire and become void as of September 28, 2012, unless the plan of development has been substantially commenced by this date. This date may be extended by mutual agreement of the Department, the local government of jurisdiction, and the developer. 5. This determination does not obviate the need to comply with all other applicable federal, state, or local government permitting procedures. 6. You have the right to request a formal administrative hearing if you dispute any issue of material fact in this binding letter. If a formal administrative proceeding is not requested, this binding letter constitutes final agency action and is subject to judicial review pursuant to Section 120.68, F.S. (see Notice of Rights attached). Any questions regarding this determination may be directed to Scott Rogers, Principal Planner, in the Division of Community Planning, at (850) 922 -1758. Sinceralry, r � ` Mike McDaniel, Chief Office of Comprehensive Planning cc: Daniel Trescott, Principal Planner, Southwest Florida Regional Planning Council Randall Cohen, AICP, Director, Collier County Comprehensive Planning Department FILING AND ACKNOWLEDGEMENT FILED, on this date, with the designated Agency e , receipt f which is hereby �_IA ackn ged ,2 Pau a P. Ford Date Agency Clerk 1/10/2012 Item 8.A. NOTICE OF RIGHTS You have the opportunity for a formal administrative proceeding regarding this binding letter pursuant to Sections 120.569 and 120.57(1), Florida Statutes. If you dispute any issue of material fact stated in the binding letter, then you may . file a petition requesting a formal administrative hearing before an Administrative Law Judge of the Division of Administrative Hearings pursuant to Sections 120.569 and 120.57(1), Florida Statutes, and Chapter 28 -106, Parts I and II, Florida Administrative Code. At a formal administrative hearing, you may be represented by counsel or other qualified representative, and you will have the opportunity to present evidence and argument on all the' issues involved, to conduct cross - examination and submit rebuttal evidence, to submit proposed findings of fact and orders, and to file exceptions to any recommended order. If you desire a formal administrative hearing, you must file with the Agency Clerk of the Department of Community Affairs a written pleading entitled "Petition for Administrative Proceedings" within 30 days of receipt of this notice. A petition is filed when it is received by the Agency Clerk in the Department's Office of General Counsel, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399 -2100. The petition must 'meet the filing requirements in Rule 28- 106.104(2), Florida Administrative Code, and must be submitted in accordance with Rule 28- 106.201(2), Florida Administrative Code. The petition must include the signature of someone authorized to act on your behalf. A petition must specifically request an administrative proceeding, it must admit or deny each material fact contained in the binding letter, and it must state any defenses upon which you rely. You waive the right to an administrative proceeding if you do not file a petition with the Agency Clerk within the time frames described above. You may also decide that no formal administrative proceeding or reconsideration is required for this binding letter. If you do not request a formal administrative proceeding or reconsideration, this binding letter constitutes final agency action and is subject to judicial review as set forth below. Any party to this binding letter has the right to seek judicial review of the binding letter pursuant to Section 120.68, Florida Statutes, and Florida Rules of Appellate Procedure 9.030(b)(1)(6) and 9.110. To initiate an appeal of this binding letter, a notice of appeal must be filed with the Department's Agency Clerk, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399 -2100, and with the appropriate District Court of Appeal within 30 days of the day this binding letter is filed with the Agency Clerk. The notice of appeal filed with the District Court of Appeal must be accompanied by the filing fee specified in Section 35.22(3), Florida Statutes, and must be substantially in the form prescribed by Florida Rule of Appellate Procedure 9.900(a). You waive your right to judicial review if the notice of appeal is not timely filed with the Agency Clerk and the appropriate District Court of Appeal. Mediation under Section 120.573, Florida Statutes, is available with respect to the issues resolved by this binding letter. Packet Page -94- N N 0 N 0 a w w to J Q F.. w U) Q Z R ■ W ■ 1 I ■ iij ■ o' I� I G Z s �a �g d 5� LL 8 0 >DM U 111 .QLLI a . cn \\Memo I s a ---No z ` A 1� i O t o. 6 t Zm C9 a Za oIt.- ° LL Wri$ WO Zd= a - N_ z of X W t IL � a Z°'m Co �az o pi W i e Bog a 'i. i wo F 0 N� =a� ru Zi o 3 r b g i � 4 g �a �a�Ma7C� Y G Z s �a �g d 5� LL 8 0 >DM U 111 .QLLI a . cn \\Memo I s a ---No z ` A 1� i O t o. 6 t Zm C9 a Za oIt.- ° LL Wri$ WO Zd= a - N_ z of X W t IL � a Z°'m Co �az o pi W i e Bog a 'i. i wo F 0 N� =a� ru Zi o L= N N O N O r WHEREAS, D. Wayne Arnold, of Q. Grady Minor and Associates, P.A., and Anthony P. Pires, Esquire, representing Bryan W. Paul, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Sections 11, 12, 13, 14, 23 & 24, Township 48 South, Range 27 East, and Sections I8 and 19, Township 48 South, Range 28 East, Collier County, Florida, is changed from "PUD" Planned Unit Development to "PUD" Planned Unit Development in accordance with the Orangetree PUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference made part hereof. The appropriate Official Zoning Atlas Maps, as described in Ordinance Number 2004 -4I, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 04 -30 known as the Orangetree PUD, adopted on May 11, 2004, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. Page I of 2 ORDINANCE N0.04— 73 L�DEC AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER��tnl6tBl 04 -41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS NUMBERS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" PLANNED UNIT DEVELOPMENT TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS ORANGETREE, FOR PROPERTY LOCATED ON THE NORTH AND SOUTH SIDES OF OIL WELL ROAD, APPROXIMATELY 1 MILE EAST OF IMMOKALEE ROAD INSIDE OF THE CURRENT -_ ORANGETREE PUD BOUNDARY, IN SECTIONS 11, 12, 13, 14, 23 &.24, TOWNSHIP 48 SOUTH, RANGE 27 EAST, AND _ SECTIONS 18 AND 19, TOWNSHIP 48 SOUTH, RANGE 28 " EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2,136.87 ± ACRES; PROVIDING FOR THE REPEAL OF ; ORDINANCE NUMBER 04 -30, THE FORMER ORANGETREE PUD; AND BY PROVIDING AN EFFECTIVE r;-: DATE. 1' WHEREAS, D. Wayne Arnold, of Q. Grady Minor and Associates, P.A., and Anthony P. Pires, Esquire, representing Bryan W. Paul, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Sections 11, 12, 13, 14, 23 & 24, Township 48 South, Range 27 East, and Sections I8 and 19, Township 48 South, Range 28 East, Collier County, Florida, is changed from "PUD" Planned Unit Development to "PUD" Planned Unit Development in accordance with the Orangetree PUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference made part hereof. The appropriate Official Zoning Atlas Maps, as described in Ordinance Number 2004 -4I, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 04 -30 known as the Orangetree PUD, adopted on May 11, 2004, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. Page I of 2 SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED }ly the Board of County Commissioners of Collier County, Florida, this day of L ,',e •r; x e l,' 2!704. ATTEST: ..... DWIGHT t "Hlt oc']C, CLERK J1�#,taft �tlq,�t^siitit's styit�t sbi��':' Approved as to Fo; , and Legal Sufficiency Marjo. Student Assistant County Attorney PUDA 2003- AR-4227/Ra /lo BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: lfl'tr� Jf—a DONNA FIALA, CHAIRMAN Page 2 of 2 Packet Page -98- 1/10/2012 Item 8.A. This ordinance filed with t$i Sect re ry of Staf 0 and acknowiedgemen�of that fit ng received this day 0 C� c i N N O N O ZONING AND DEVELOPMENT DOCUMENT for ORANGETREE First Amendment Prepared by: WILSON, MILLER, INC. Engineers, Planners and Land Surveyors 3200 Bailey Lane at Airport Road Naples, Florida 33942 PUD Amendment Application November 22, I989 Revised February 27, 1991 Revised May 13, 1991 Revised May 11, 2004 Revised October 26, 2004 Original Z & DD Approval: December 10, 1985 Ordinance Number: 87 -13 Approved by CCPC: December 20, 1990 Approved by BCC: June 1991 Ordinance Number: 91 -43 Approved by CCPC: March 4, 2004 Approved by BCC: May 11, 2004 Ordinance Number: 2004 -30 Approved by CCPC: September 16, 2004 Approved by BCC: November 16, 2004 Ordinance Number: 2004 -73 Exhibit "A" —Z'- -- INDEX 1/10/2012 Item 8.A. PAGE GABEHOwMAR -32:7, Orenp1rcetClenn Orengcucc PUD (11- 1- 04).doe2 Packet Page -100- Index 2 List of Exhibits and Tables 3 SECTION I Property Description 4 SECTION II Project Development 5 SECTION III Agricultural Development 10 SECTION IV Residential Development 11 SECTION V Commercial/Neighborhood IG SECTION VI Golf Course 19 SECTION VII Community Use 22 SECTION VIII School/Park 24 SECTION IX General Development Commitments 26 GABEHOwMAR -32:7, Orenp1rcetClenn Orengcucc PUD (11- 1- 04).doe2 Packet Page -100- N CV O CV O r LIST OF EXHIBITS AND TABLES EXHIBIT A Master Plan (Prepared by Thomas Lucido & Associates Ref. No. 9020) EXHIBIT B Legal Description TABLE I Land Use Summary TABLE II Estimated Market Absorption Schedule TABLE III Development Standards GABcj1O%VAAR4227.Ormgmre %Clean OranSCU= PUD (I 1- 1- 0.1).doc3 1/10/2012 Item 8.A. SECTION I PROPERTY DESCRIPTION AND OWNERSHIP 1.01 INTRODUCTI N LOC TION AND PURPOSE It is the intent of Amnon Golan, Trustee, Orangetree Associates, (hereinafter called It or developer ") to establish a Development on approximately 2,136.87 acres of property located in Collier County, Florida. The subject property is described as "North Golden Gate" on Collier County maps and is bounded on the west by Immokalee Road (CR 846), on the south by Randall Boulevard and is bounded on the north and east by drainage ways. Oil Well Road (CR 858) runs through the site in an east -west direction. 1.02 LEGAL DESCRIPTION Legal Description: This parcel contains approximately 2,136.87 acres and is platted as North Golden Gate and recorded in the Public Records of Collier County, Florida as follows: Unit 1 Plat Book 9 Pages 12 -28 Unit 2 Plat Book 9 Pages 39-43 Unit 3 Plat Book 9 Pages 125 -142 Unit 4 Plat Book 9 Pages 53-64 Unit 5 Plat Book 9 Pages 65 -72 Unit 6 Plat Book 9 Pages 74 -78 Unit 7 Plat Book 9 Pages 85 -97 Less and except those lands described in Exhibit "B" attached, containing 615.93± acres. G "Be110'"5 AR4227. On n9ctrm\C cnn 0ran901M PUD (71.1 -04).doc4 Packet Page -102- SECTION Il PROJECT DEVELOPMENT 2.04 SUBDIVISION MASTER PLAN AND SITE DEVELOPMENT PLAN APPROV The review and approval of subdivision master plans and construction plans shall follow the design and development standards and review procedures regulating subdivisions of the Collier County Ordinances in effect at the time of development. The developer reserves the right to request exceptions and modifications to the standards set forth in applicable regulations. For site development plan approval, the provisions of Subsection 10.02.03 of the Land Development Code shall apply to the development of platted tracts or parcels of land as provided in Subsection 10.02.03 prior to the issuance of a building permit or other development order. 2.05 %AND USES Table I is a schedule of the intended land use types, with approximate acreages and total dwelling units indicated. The arrangement of these land use types is shown on the Master Plan, Thomas Lucido & Associates Ref. No. 9020. Changes and variations in design and acreages shall be permitted at final design to accommodate topography, vegetation, and other site conditions. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be submitted to the Administrator for approval or denial, as described in Section 2.04 of this document. G:IB6110W lAR-4227, 0mngetreelC1c0n Omgetme PUD (I I.I.04).doe5 2.01 URPO E Q The purpose of this Section is to generally describe the plan of the development and tb delineate the general conditions that will apply to the project. N2.02 GENERAL PLAN OF DEVELOPMENT N The subject parcel is designed as a mixture of agriculture, residential uses, commercial V— and community oriented facilities, and recreational elements. O 0 2.03 COMPLIANCE WITH APPLICABLE ORDINANCES The project is intended to be in substantial compliance with the applicable Collier County Zoning and Subdivision regulations as well as other Collier County development codes in effect at the time permits and/or plats are requested. 2.04 SUBDIVISION MASTER PLAN AND SITE DEVELOPMENT PLAN APPROV The review and approval of subdivision master plans and construction plans shall follow the design and development standards and review procedures regulating subdivisions of the Collier County Ordinances in effect at the time of development. The developer reserves the right to request exceptions and modifications to the standards set forth in applicable regulations. For site development plan approval, the provisions of Subsection 10.02.03 of the Land Development Code shall apply to the development of platted tracts or parcels of land as provided in Subsection 10.02.03 prior to the issuance of a building permit or other development order. 2.05 %AND USES Table I is a schedule of the intended land use types, with approximate acreages and total dwelling units indicated. The arrangement of these land use types is shown on the Master Plan, Thomas Lucido & Associates Ref. No. 9020. Changes and variations in design and acreages shall be permitted at final design to accommodate topography, vegetation, and other site conditions. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be submitted to the Administrator for approval or denial, as described in Section 2.04 of this document. G:IB6110W lAR-4227, 0mngetreelC1c0n Omgetme PUD (I I.I.04).doe5 1/10/2012 Item 8.A. 2.06 PROJECT DENSITY The total acreage of the subject property is approximately 2,136.87 acres. The maximum number of dwelling units to be built on the total acreage is 2,100. The number of dwelling units per gross acre is approximately 0.98. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land but shall comply with guidelines established in this document. 2.07 PERMITTED VARIATIONS OF DWELLING UNITS All properties designated for residential uses may be developed at the maximum number of dwelling units as assigned under Section 2.04, provided that the total number of dwelling units shall not exceed 2,100. The Administrator shall be notified in accordan residential cc with Section 2.04 of such an increase and the resulting reduction in the corresponding land use types or other categories so that the total number of dwelling units shall not exceed 2,100. The maximum number of dwelling units by type as shown in Table I shall not vary by more than twenty (20) percent in each category. The maximum number of dwelling units shall include all caretaker's units but does not include the designated hotel rooms. 2.08 DEVEMPURmT SEOLmNCE AND SCAEDUL g The applicant has not set "stages" for the development of the property but the property is to be developed over an estimated 15 year -time period. Any projection of project development can be no more than an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. Table R indicates, by phase, the estimated absorption of units for the estimated 15 year development period. 2.09 RESERVATION OF NA 7 VEGETATION AND TREE RE OVAL Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Development Standards outlined in this documents. 2.10 EASEMENTS FOR UTILITIES Easements shall be provided for water management areas, utilities and other purposes as may be needed. Said easements and improvements shall be in substantial compliance with the Collier County Subdivision Regulations in effect at the time a permit is requested or required. G ARe11ow5WR- 7227.Omnge1ree\C1c3n Omngetree PUD (t I- 1- ogdoc6 Packet Page -104- OABellOWAAR4227, omngetroerjt n or=getmv PUD (11- 144).doo All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time approvals are requested. 2.11 EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATIONS Q Exceptions to the Subdivision Regulations shall be requested at the time of Subdivision ap Master Plan review and approval. N2.12 LAKE Sn NG �y As depicted on the Master Plan, Thomas Lucido & Associates Ref. No. 9020, lakes and r- O natural retention areas have been sited adjacent to existing and planned roadways. The goals of this are to achieve an overall aesthetic character for the project, to permit C) optimum use of the land, and to increase the efficiency of the water management network. Accordingly, the setback requirements described in Ordinance 80-26, Section 8A, may be reduced with the approval of the County Engineer. Fill material from lakes is planned to be utilized within the project, however excess fill material maybe utilized off - site, subject to the provisions of the excavation ordinance in effect at the time permits are sought. 2.13 ROADS Collector roads will be public roads. Local roads within the development may be either public or private roads, depending on location, capacity, and design. OABellOWAAR4227, omngetroerjt n or=getmv PUD (11- 144).doo 1/10/2012 Item 8.A. LAND USE SUMMARY TABLE I SYMBOL DESCRIPTION UNITS APPROXIMATE ACREAGE AG Agriculture *2 492 *1 GC Golf Course *2 200 *3 R -1 Residential 143 110 R -2 Residential 1797 586 R -3 Residential 160 30 Cu Community Use 86 U Utility 15 SP SchooWark 36 CN Neighborhood (Max. 60,000 22 Commercial S.F. plus motel units) RW Right -of -Way 149.8 LAKE Tota12,100 2,136.87 *4 NOTE;The projected total unit summary represents one possible residential mix to yield 2,100 units. Should there be an increase of units in any residential category, there would be a corresponding decrease in other categories to maintain a maximum total of 2,100 units. R 1 One -half acre lots — single family. R -2 Detached and attached single family, duplex and triplex, cluster homes, zero lot line, villas, patio homes, townhouses. R -3 Cluster homes, zero lot line villas, patio homes, townhouses, garden apartments (2 -story max.). * 1 Includes agricultural reservoirs. *2 Approved breakdown of agriculture and golf course lands. 3 Includes golf course related lakes. *4 Based on actual survey of acreage. C'AE1011OW AR-4227, OrMCM (Clean Orangerme PUD (11-1 -04).doe 8 Packet Page -106- O N30lows4lR- 1227.Orangetrec%Man omngetrct PUD (I 1- 1 -04).doc9 ESTIMATED MARKET ABSORPTION SCHEDULE TABLE II YEAR DWELLING UNIT CUMULATIVE PROD TrON TOTAL Q 1 0 0 06 E 2 70 70 3 100 170 4 140 310 O 04 5 160 470 r 6 160 630 7 160 790 8 165 955 9 165 1,120 10 165 1,285 11 165 1,450 12 165 1,615 13 165 1,780 14 160 1,940 15 160 2,100 O N30lows4lR- 1227.Orangetrec%Man omngetrct PUD (I 1- 1 -04).doc9 SECTION III AGRICULTURAL, DEVELOPMENT 3.01 PURPOSE 1/10/2012 Item 8.A. The purpose of this Section is to set forth the regulations for the a s desiated on the PUD Master Plan, Thomas Lucido & Associates Ref. No. 9020 a rea gn 3.02 GENERAL DE CRIPTION The AG District is intended to apply to those areas, the present or prospective use of which is agricultural, pastoral or rural in nature. This district is designed to accommodate both traditional agricultural uses and techniques, and conservation measures where appropriate, and public educational plants and ancillary plants, while protecting the rural areas of the County. The regulations in this district are intended to permit a reasonable use of the property, while at the same time prevent the creation of conditions which would seriously endanger, damage, or destroy the agricultural base of the County, or environmental resources, potable water supply, or the wildlife resources of the County. To this end, the use of drip - irrigation techniques or any other low volume irrigation, Iike micmict, shall be implemented for agricultural uses (golf course excepted) in this district. 3.03 PERMITTED USES AND STRUCTURE A. Permitted Principal Uses and Structures 1) Agricultural activities, such as field crops, reservoirs/lakes, orchards, horticulture, fruit and nut production. 2) Educational plants: An "Educational Plant" comprises the educational facilities, site and site improvements necessary to accommodate students, facility, administrators, staff, and the activities of the educational program of each plant that is operated by the Collier County School Board. B• Conditional Uses: 1) Ancillary plants: An "Ancillary Plant,, is comprised of the building, site and site improvements necessary to provide such facilities as vehicle maintenance, warehouses, maintenance, or administrative buildings necessary to provide support services to an educational program operated by the Collier County School Board. (3- Mellow AR- 4227. OrangetreefleanOranget =PUD(I1.1- 04).doc i) Packet Page -108- wP5, L N N r O N O C. Permitted Accessory Uses and Structures: 1) Accessory uses and structures which are incidental to and customarily associated with uses permitted in the district. 2) On -site retail sales of farm products primarily grown on the farm. 3) Caretakers residences. D. Permitted Uses /Conditional Uses Re uirine Site Development Plan Approval: 1. Packing Houses 2. Public educational plants and ancillary plants E. Develonment Standards for Educational Plants and Ancillary Plants-, 1. In accordance with the Interlocal Agreement between the Board of County Commissioners and the Collier County School Board adopted May 16, 2003, set forth in the LDC or its successor ordinance. 2. Building height shall be a maximum of forty-eight (48) feet for principal structures and thirty-six (36) feet for accessory structures. 3. All required buffers for the School Board's property shall be in place by December 31, 2004. 1 GABMIOWSIAR4227.OmnZarcaTlew Or SOM PUD(I1- 1.04).doe r SECTION IV RESIDENTIAL DEVELOPMENT 4.01 OSE 1/10/2012 Item 8.A. The the Master er Plan this Thomas Lucido & Associates Ref. No. 9020 as Residential (Rslgto R-3). 4.02 MAXIMUM DWEL IN G ►NITS A maximum number of 2,100 dwelling units may be constructed on lands designated as Residential (R -i to R -3) except as pennitted by Section 2.07, 4,03 GENERAL DESCRIPTION Areas designed as Residential (R -I to R -3) Thomas Lucido & Associates Ref. No. 9020 are designed to accommodate a full range of residential dwelling types, recreational facilities, essential services, customary accessory uses, and compatible land uses such as religious, governmental, and educational facilities provided such uses meet the development standards as set forth in this document. Four residential land use categories have been identified on the Master Plan. The R -I designation includes approximately 110 aces and will accommodate single family development on one -half acre lots. The R -2 designation includes approximately 586 acres and will provide for both conventional detached and attached single family development. The R -3 designation includes approximately 30 acres of low density cluster and multi - family development. 4.04 PERMITTED PRINCIPAL USES AND STRUCTURES R- i • Detached single family homes • Model units • Recreational facilities, parks, lakes and water management facilities R -2 • Detached and attached single family homes • Duplex and triplex units • Cluster homes, zero tot line, villas, patio homes, townhouses • Model units • Recreational facilities, parks, lakes and water management facilities G•AZe11nws1AR4227, OmngerrenClean Orangeaee PUD () )- ).o4).dne 2 Packet Page -110- N N T_ O N O r R3 • Cluster homes, zero lot line, villas, and patio homes • Townhouses • Garden apartments, low rise multi - family • Recreational facilities, parks, lake and water management facilities 4.05 PERMITTED ACCESSORY USES AND STRUCTURES • Accessory uses and structures customarily associated with uses permitted in this district • Essential services and facilities • Guest homes in R -I areas on lots one acre or larger in size 4.06 PERMITTED USE AND STRUCTURES REQUIRING DEVELOPMENT PLAN APPROVAL UNDER SECTION') 04 • Religious facilities • Civic and cultural facilities • Educational facilities • Private Clubs • Child care centers — owner occupied • Rest homes, foster homes, rehabilitation center, hospices • Other non- residential uses customary in residential districts 4.07 DEVELOPMENT STANDARDS The following Sections set forth the development standards for permitted uses within the subject parcel. a. Standards for landscaping, signs, parking and other land uses not specified herein are to be in accordance with Collier County Zoning Regulations in effect at the time permits are requested Unless otherwise indicated, setback, height, and floor area standards apply to principal structures. b. Roadway setbacks shall be measured as follows, 1. If the parcel is served by a public right -of -way, setback is measured from the adjacent right -of -way line. 2. If the parcel is served by a private road, setback is measured from the road easement or parcel line. C. 1B OIOWAAR- 4227, Omngetree %elean0ntngetreepUD(11- 1.04).doc 3 1/10/2012 Item 8.A. If the multi: family parcel is served by a private drive, setback is measured from the back of curb or edge of pavement, whichever is greater. CTVC11OasVAR4Z27,Onngcjree C-Mn Omngetrce PUD(11 -J ugjee 4 Packet Page -112- 5 Ci :%ae11mtisL4R-4227. 0`09ir"WICon Ornnrelrce PUD (1 1- 1- 04).doe DEVELOPMENT STANDARDS "R" Residential Areas TABLE III A Permitted Uses R -I Villas, Single Low Rise Standards Detached Patio & Family and Garden R -2 Q Cluster Attached Apartments Detached C6 _Homes Townhouse E _ Minimum Site - Area Y2 - AC 3000 SF 3000 SF - 6000 SF Site Width x units O Min, Avg. 120 N_ 60 0 Front Yard Setback 30 20 20 25 25 Side yard Setback 20 0 or 10 0 or 10 15 5.5 Rear Yard Setback 25 15 25 30 20 Rear Yard Setback Acsry. 0 0 0 0 5 Max. Building Height 25 25 25 25 25 Dist. Between Principal Str. N/A N/A .5 SBH .5 SBH N/A Floor Area Minimum (S.F). 1200 750 900 750 1000 SITE DEPTH AVERAGE; Determined by dividing the site area by the site width. SITE WIDTH: The average distance between straight lines connecting front and rear parcel lines at each side of the site, measured as straight lines between the foremost points of the side parcel lines in the front (at the point of intersection with the front parcel line) and the rearmost point of the parcel lines at the rear (point intersection of with the rear parcel line). SBH: (Sum of Building Height): Combined height of two adjacent buildings for the of purpose determining setback requirements. 5 Ci :%ae11mtisL4R-4227. 0`09ir"WICon Ornnrelrce PUD (1 1- 1- 04).doe 1/10/2012 Item 8.A. GAB0110WAAR- 4227, Ornnge4ftTleanOrangetreePUD (I1- 1-04).doc 6 Packet Page -114- DEVELOPMENT STANDARDS "R" Residential Areas TABLE III B PERMITTED USES EDUC. CIVIC/ RELIGIOUS STANDARDS FACILITIES CULTURAL FACILITIES PRIVATE OTHER CLUB USES FACILITIES NOT LIST D Minimum Site Area As determined during the Per County process under Section 2.04. Regulations Site Width As determined during the in effect at the Min. Avg. process under Section 2.04. permit is requetime s sted. Site Depth As determined during the Min. Avg. process under Section 2.04. Front Yard 40 40 40 30 Setback Side Yard 30 30 30 20 Setback Lake Bank Setback 20 20 20 20 Rear Yard Setback 30 or BH 30 or BH 30 or BH 30 Rear yard Setback Acsry. 10 10 10 10 Max Building 25 25 25 25 Height (Ft.) Dist. Between Principal Sir. .5 SBH .5 SBH .5 SBH 5 SBH Floor Area Minimum (S.F.) 1000 1000 1000 1000 GAB0110WAAR- 4227, Ornnge4ftTleanOrangetreePUD (I1- 1-04).doc 6 Packet Page -114- N N r O N O SECTION V CN — COMMERCIALINEIGHBORHOOD 5.01 ELWOSE The purpose of this Section is to set forth the regulations for the areas designated on Thomas Lucido & Associates Ref. No. 9020, as 'CM. The CN tract is intended to Provide residents with conveniently located commercial facilities and services that are typically required on a regular basis. 5.02 PERMIT"fED SES AND STRtfC7tm a No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Princinat Uses and o— Ictures 1) Antique shops; appliance stores; an studios; art supplies; automobile parts stores; automobile service stations, without major repair, agricultural supply stores. 2) Bakery shops; banks and financial institutions; barber and beauty shops; bath supply stores; blue print shops; bicycle sales and services; book stores. 3) Carpet and floor covering sates (including storage and installation); child care centers; churches and other places of worship; clothing stores; confectionery and candy stores; convenience commercial establishments. 4) Delicatessen; drug stores; dry cleaning shops; dry good stores. 5) Electrical supply stores. 6) Fish stores; florist shops; food markets; fast food restaurants. furniture stores, furrier shops and 7) Gift shops; gourmet shops; g) Hardware stores; health food stores; hobby supply stores; homes for the aged; hospices. 9) Ice cream stores; ice sales; interior decorating showrooms. 10) Jewelry stores. G: %Be110ws'%AR4227, Omngetreel(9esn Omngelrce PUD (11- 1.04 )Moe 7 1/10/2012 Item 8.A. 11) Laundries _ self — service; leather goods and luggage stores; locksmiths and liquor stores. 12) Meat market, medical office or clinic for human care; millinery shops; motel, hotel and transient lodging, music stores. 13) Office (retail or professional); office supply stores. 14) Park and ride, paint and wallpaper stores; pet shops; pet supply stores; photographic equipment stores; post office. 15) Radio and television sales and services; excluding satellite dishes and antennas; restaurants, including fast foods; small appliance stores; shoe sales and repairs; restaurants. 16) Souvenir stores; stationery stores; supermarkets and sanatoriums. 17) Tailor shops; tobacco shops; toy shops; tropical fish stores. 18) Variety stores; veterinary offices and clinics (no outside kenneling). 19) Watch and precision instrument sales and repair. AW 20) Water management facilities and essential services. -40- 21) Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ( "BZA "). B) Permitted Accessory Uses and Structures 1) Accessory uses and structures customarily associated with the uses permitted in this district. 2) Caretaker's residence. GA BelloWAAR- 4227. 0rnng eQCe lCleanOmngamePUD(II- I-04).doc $ Packet Page -116- N CV O CV O 5.03 DEVELOPMENT STAND DTI A) Minimum Site Area: As approved under Section 2.04, E) Minimum Site Width: As approved under Section 2.04. C) Minimum Yard Requirements from parcel boundaries: Abutting non-residential areas: Twenty -five (25) feet. Abutting residential areas: Thirty -five (35) feet in which as appropriately designed and landscaped buffer shall be provided, as determined under Section 2.04, and in which no parking shall be permitted. D) Distance between principal structures: None, or a minimum of five (5) feet with unobstructed passage from front yard to rear yard. E) Maximum Height of Structures: Twenty-five (25) feet above the finished grade of the site. F) Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the ground floor. G) Minimum standards for signs, parking, Iighting, and landscaping shall be in conformance with applicable Collier County regulations in effect at the time permits are sought. H) A maximum of sixty thousand square feet (60,000 s.f,) of leasable commercial building floor area shall be permitted in the CN district, exclusive of motel use. 1) No outside display or storage shall be permitted. J) Maximum density for motel, hotel, and transit lodging shall be 26 units per acre. G:�j3cllowsNR- 4227, OrengctmcWIMOrangebeePUD (i1- 1-04mac 9 1/10/2012 Item 8.A. SECTION VI 'GC' GOLF COURSE 6.01 GOLF COURSE DISTRICT The Golf Course District is intended to provide for an 18 -hole gold course within the project. 6.02 PERMITTED LOCATIONS It is recognized that golf courses provide open space for an entire community and serve a variety of functions including important water management functions. Therefore, the Golf Course District shall be a floating use and may be located within the Agricultural or Residential Districts, provided that the density of residential development shall not be substantially effected. 6.03 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, constructed, reconstructed, or structurally altered which is designed, arranged, used or intended to be used or occupied, or land or water used, in whole or in part, upon that portion of the subject parcel designated as Golf Course District for one or more of the following uses: A. Permitted principal Uses and Structures 1) Golf Course 2) Racquetball, handball, tennis and other similar types of court(s). 3) Recreation clubs, clubhouse(s), and facilities, including the serving of alcoholic beverages. 4) Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (`BZA "). GABC110%1 AR 5227, OrangetmekCleanOmngetrmPUD (I1- i-04).dac O Packet Page -118- i N N O N O r B. Permitted Accessory I Ia.. and Structures I) Pro-shop, practice driving range, golf learning centers, golf course shelters, and other customary accessory uses of Golf Courses, Tennis Clubs, or other recreational facilities. 2) Non - commercial plant nursery. 3) Maintenance shops and equipment storage. 4) Accessory uses and structures customarily associated with the uses permitted in this District. 5) Snack bars. 6) A maximum of two (2) residential units in conjunction with the operation of the golf course. 7) Small commercial establishments, including gift shops, golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to serve patrons of the golf course(s) or tennis club(s) or other permitted recreational facilities. 6.04 DEVELOPMENT REGULATIONS FOR rnT F COURSE DISTRICT The purpose of this Section is to detail the development regulations for the Golf Course District. A. Maximum Height: - 25' B. Overall site design shall be harmonious in terms of landscaping, locations of structures, locations of access streets and parking areas, and location and treatment of buffer areas. C. Buildings shall be set back a minimum of fifty (50) feet from abutting residential neighborhoods and the setback area shall be landscaped. Tennis courts shall be set back a minimum of five (5) feet from parcel boundaries. D. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare. 0: laenowcwRa277. 1 OrangcuceKleanO =ntelmPUD(11- 1 -04�doc 1/10/2012 Item 8.A. 6.05 SITE PLAN APPROVAL REQUIREMENTS A. A plan of the golf course shall be approved in accordance with Section 2.04 prior to construction. B. Plans for all principal and all accessory uses shall be submitted to the Administrator for approval in accordance with Section 2.04. O: RellonaWR -4227, OrangetreeVCleAn Omngetree PUO (I 14 D4).doe 2 Packet Page -120- f N N O N O SECTION VII COMMUNITY USE 7.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the Master Plan, Thomas Lucido & Associates Ref. No. 9020, as CU, Community Use. The site includes 55 acres, has been dedicated to Collier County and may be used for the Purposes set forth below and shall satisfy the Collier County Comprehensive Plan's park site dedication requirements for this project. An additional 31 acres shall be used for CU by Collier County for the expansion of the Collier County Fair Grounds. 7.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: • Parks and playgrounds • Bicycle, hiking and nature trails • Recreational shelters and restrooms • Recreational fields, sports facilities and courts • Community centers • Restaurant or snack bar in conjunction with recreational activities • Water management facilities and essential services • Collier County Fair Grounds • State of Florida Forestry Department facilities • Fire State Site • Other governmental facilities • Park and ride facilities • Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ( ' BZA "), 7.03 DEVELOPMENT STANDARDS A. Minimum site area: None B. Minimum setback from tract boundaries: 50' C. Minimum setback from road right -of -way: 25' D. Maximum height of structures: 25' (except fire obsery ation tower) E- Minimum distance between buildings; %z the sum of their heights F. Minimum standards for parking, lighting, signs, and landscaping shall conform with applicable Collier County regulations in effect at the time permits are sought. G:1ri1l0wAA 4227.Omngeaft'rfsan 3 OtangNn s MD (11- 1 -04).doc SECTION VIII 'SP' SCHOOL/PARK 8.01 PURPOSE 1/10/2012 Item 8.A. The purpose of this Section is to set forth the regulations for the areas designated on the Master Plan, Thomas Lucido & Associates Ref. No. 9020,'SP' SchooYPark. The SP site includes 25 acres reserved for use as a school site and associated park facilities. This site shall be dedicated to the Collier county Public School District at the convenience to the developer, or when requested by the School District, whichever occurs first. The site shall be provided with potable water and sanitary sewer service in conformance with this documents and all applicable standards and requirements. An additional 11 acres is reserved for use as a community recreational park as shown on the Master Plan. 8.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: i ) Elementary or middle school and facilities 2) Parks and playgrounds 3) Bicycle, hiking and nature trails 4) Recreational shelters and restrooms 5) Recreational fields, sports facilities and courts 6) Water management facilities and essential services 7) Any other use which is comparable in nature with the foregoing list of permitted principal uses as determined by the Board of Zoning Appeals ("BZA "). 8.03 DEVELOPMENT STANDARDS 1) Minimum Site Area: As approved under Section 2.04 2) Minimum Site Width: As approved under Section 2.04 3) Minimum Yard Requirements: 30' from all 'SP' tract boundaries for principal structures 20' from lake banks 4) Maximum Height: 25' 5) Minimum Floor Area of Principal Structures: One thousand (1000) square feet per building on the first habitable floor. GAB CDONSWR- 4227 .0nugeaec\CjcjMOnngemeePUD(11 -1 04jdx 4 n0 Packet Page -122- 0:l8cil0wslAR 4127, orang'"Ue Clean Ora SOM PUD (11- 1.04).doc 5 6) Distance Between Principal Structures: '/, the sum of the building heights or 301, whichever is greater. Minimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable Collier County regulations in effect at the time permits are sought. Q 7) Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. O 8) Prior to development, a development pl accordance with Section 2.04. an for the tract shall be approved in E N N O N O r 0:l8cil0wslAR 4127, orang'"Ue Clean Ora SOM PUD (11- 1.04).doc 5 1/10/2012 Item 8.A. SECTION IX GENERAL DEVELOPMENT COMMITMENTS 9.01 PURPOSE The purpose of this Section is to set forth the general development commitments for the project. 9.02 DEVELOPMENT COMMITMENTS A. ENERGY 1) Construction shall comply with applicable local and state energy codes. 2) Reasonable "good faith" efforts to utilize state -of -the -art energy conservation techniques shall be made with practically and economically feasible. Such techniques may include, but shall not be limited to the following: a. Provision of bicycle racks and/or storage facilities in office and commercial areas and in multi - family residential areas. b. Cooperation in the locating of bus stops, shelters and other passenger and system accommodations when a transit system is developed to serve the project area. C. Use of energy- efficient features in window design (e.g., shading and tinting). d. Use of operable windows and ceiling fans. C. Installation of energy - efficient appliances and equipment. f. Reduced coverage by asphalt, concrete, rock and similar substances in streets, parking lots and other areas to reduce local air temperatures and reflected light and heat. g. Installation of energy - efficient lighting for streets, parking areas, recreation areas and other interior and exterior public areas. h. Selection of native plants, trees and other vegetation and landscape design features that reduce requirements for water, fertilizer, maintenance and other needs. 26 G:laello- IAR.4227, 0=ngW=%C1=n onngetree pUD (11- "41doe Packet Page -124- 5 N N T- C) N O r t• Planting or retention of native shade trees to provide reasonable shade for all recreation areas, streets and parking areas. j• Placement of trees to provide needed shade in the warmer months while not overly reducing the benefits of sunlight in the cooler months. k. Planting or retention of native shade trees for each residential unit. 1• Orientation of structures, as possible, to reduce solar heat gain by walls and to utilize natural cooling effects of the wind. m. Provision for structural shading (e.g., trellises, awnings and roof overhangs) wherever practical when natural shading cannot be used effectively. n• Inclusion ofporch/patio areas in residential units. 3) Deed restrictions and other mechanisms shall not prohibit or prevent the use of alternative energy devices such as solar collectors (except when necessary to Protect the public health, safety and welfare). $• AIR QUALITY 1) The developer shall comply with applicable codes and apply for required Permits relative to air quality, where such permits are required. C. TRANSPORTATION 1) Road impact fees shall be paid in accordance with Collier County Ordinance 01 -13, or Division 3.15 of the Land Development Code, as amended. 2) The developer shall provide separate left and right turn lanes on Immokalee Road as the project's access if deemed necessary by either the Transportation Operations Director or Transportation Engineer, and shall fund one hundred percent of the capital cost of any traffic signals associated with the ingress and egress when deemed warranted by the County Traffic Operations Engineer. The signal shall be owned, operated and maintained by Collier County. 0:1140- 1AR- 4227.Om ga.*%Clean Onmgeoee PUD (11 -1 -04) do¢ 7 1/10/2012 Item 8.A. 3) The developer shall bear the entire cost of all traffic signals which may become needed at intersections within the project. D. WATER MANAGEMENT 1) A master /conceptual water management system design shall be submitted to and approved by the Water Management Advisory Board prior to the submittal of construction plans to the County Engineer. 2) Detailed water management construction plans shall be submitted for approval to the County Engineering Department prior to commencement of construction. 3) Surface Water Management Permits shall be obtained from the South Florida Water Management District prior to the commencement of development. 4) The water management for the Orangetree project shall implement water quality "best management practices" to the extent possible. 5) An Excavation Pennit will be required for the proposed lakes in accordance with Collier County Ordinance No. 80 -26, as amended by Ordinance No. 83 -3, and as may be amended in the future. 6) Reservoirs/lakes wholly located in agriculturally designated land may vary from typical construction specifications of County Ordinance No. 88 -26 as approved by the Board of County Commissioners through the excavation permit process. If the use of the land surrounding the agricultural reservoirs/lakes is ever changed to a use other than agriculture, all areas of the reservoirs /lakes will be required to meet standards specified in the County Excavation Ordinance in effect at that time. E. WATER AND SEWER 1) Water Facilities — Developer shall provide an on -site potable water source and shall construct an on -site potable water treatment plant and distribution system. The system shall be designed and constructed, by phases if desired, to serve all developed portions (agricultural areas excluded) of the project; including flows adequate to provide fire protection. All components shall be designed and constructed in accordance with applicable Collier County and State of Florida requirements. 28 O:1ae11owAA R- 4227.OmngetrcdClean Orangevee PUD (t 1.1 -04).doe C-0 Packet Page -126- I tU N T_ O N O 2) Sewer Facilities — Developer shall construct an on -site sewage treatment Plant and sewage collection and transmission system to sery e all developed portions. Treatment plant shall provide treatment levels, Pursuant to Chapter 17.6.0400, Florida Administrative Code, required to allow use of treated effluent in the proposed on -site drip irrigation system. All components shall be designed and constructed in accordance with applicable Collier County and State of Florida requirements. During the time that the Developer operates the sewage treatment plant, data required pursuant to County Ordinance No. 80 -112 showing the availability of sewage service will be submitted for approval by the Utilities Division prior to approval of the construction documents for the project and for all building permits required. Copies of the approved DER permits for the sewage collection and transmission systems and the on -site wastewater treatment facility shall be submitted upon receipt to the Utilities Division, 3) Plans Approval — All construction plans and technical specifications and Proposed plans, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. Detailed hydraulic design reports covering the complete water and sewer Systems to serve the project will be submitted with the construction documents for the project. These reports shall list all design assumptions, demand rates and other factors pertinent to the systems under consideration. Prior to approval of construction documents by the Utilities Division, the Developer will present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer and/or water service to the project until the County can provide these services through its water and sewer facilities. Upon completion of construction the water and sewer facilities will be tested to insure they meet Collier County's minimum requirements, a comprehensive inspection of the facilities made by the Utilities Division and record drawings of the facilities tiled with the Utilities Division. Any utility entity established to serve or serving the project shall also be bound by these General Development Obligations concerning the Provision of water and sewer related utilities to the project. 9 00aeilOWI$AR4227, OntjptreclClean Omngetree PUD (i 1- 1.04).doc 1/10/2012 Item 8.A. 4) Facilities Ownership and Conveyance — It is understood by Developer that Collier County may, at some future time, desire to serve the project water and sewer services. To that end, Developer freely and voluntarily agrees to convey at no cost all water and sewer treatment plants and distribution /collection and transmission system components to Collier County. Notwithstanding anything herein to the contrary, the County in turn will agree not to make formal request to serve the project with water or sewer related services until on or after January 1, 2001. In that regard, Developer and any interim utility established to serve the Project shall enter into a specific agreement with and acceptable to County which outlines the procedures, covenants, obligations and responsibilities arising from these General Development Obligations concerning the provision of water and sewer related utilities to the project. Once the water /sewer systems have been conveyed to Collier County, any required expansions to the on -site water treatment plant or sewage treatment plant shall be the responsibility of Collier County and shall be accomplished as required to meet project demand, at the expense of Collier County. All required expansions of the water distribution/sewage collection systems shall be the responsibility of the Developer, and shall be designed and constructed to Collier County and State of Florida requirements. On completion of construction, the facilities will be tested to insure they meet Collier County's minimum requirements, at which time they will be conveyed or transferred to the County, when required by the Utilities Division, pursuant to appropriate County Ordinances and Regulations in effect at the time of conveyance or transfer is requested, prior to being placed into service. 5) Rights- of- way/Easements — All components of the water and sewer systems that may be conveyed to Collier County including treatment plants, shall be constructed within public rights -of -way or on lands owned or controlled by Developer for which Developer can provide utility easements to Collier County. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be perpetually owned, operated and maintained by the Developer, his assigns or successors. At the time of system conveyance Developer shall provide all required easements. At such time as Collier County discontinues operation of the on -site water or sewer plants, the plant site shall be conveyed back to the developer by applicable statutory deed and site utility easements shall be vacated, except that an easement shall be reserved for. any connecting facilities required, pursuant to paragraph 6). 30 CASellowsXAR4227.OmnptmWlean Orangume PUD (I W-04).doc Packet Page -128- N N r O N O 6) Connection--to county Water and/or Sewer Facilities — All construction Plans and technical specifications related to connections to the County's off -site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. Upon connection to the County's off-site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and/or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida standards. All work related with this activity shall be performed at no cost to the County. Connection to the County's off -site water and/or sewer facilities will be made by the Developer, their assigns or successors at no cost to the County within I20 days after such facilities become available at the project site. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County off -site facilities, water and/or sewer lines necessary to make the connection(s). 7) Customers — All customers connecting to the water distribution and sewage collection facilities will be customers of the developer or the interim utility established to serve the project until Collier County makes formal request for dedication of the water and sewer systems. At that time, the customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County. Prior to connection of the project to the County's off -site water and/or sewer facilities, or the County assuming operation and maintenance responsibility for the water and/or sewer systems the Developer, and/or his assigns, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. 8) System Development Charges — During that period of time that the water and sewer utility system is owned, operated and maintained by Developer, Developer may charge a system development charge to each connecting customer in an amount as approved and allowed by the Florida Public Service Commission (PSC). a:\B0II0W P4227. OmngevWClcanormamme 1 PUD (11- 1-09}.dx ..j 1/10/2012 Item 8.A. Developer agrees to pay all applicable system development charges or impact fees at the time that building permits are required, pursuant to County ordinances and regulations then in effect. As well, Developer acknowledges that upon connection of the interim facility to the off -site treatment and transmission facilities operated and maintained by the County that all owners of existing properties characterized as new users and subject to the imposition of either a water or sewer impact fee will be required to pay system development charges or impact fees for such new use. On the other hand, buildings, structures, or improvements, either existing or which have been issued a building permit for which construction is proceeding in good faith, shall not be required to pay a water or sewer impact fee, whichever the case, if at the time the County formally and of its own volition resolves to provide the Project with water or sewer related services, the Board of Commissioners, in good faith, expressly declares its intention to operate the water or sewer utility treatment facilities as a part of its regional system, or as a stand alone system without an intention to immediately dismantle and disconnect from the existing on -site treatment facilities. Notwithstanding the provisions of this subparagraph 8 a subsequent ordinance of general application, effective at the time of connection of the interim facility to the off -site treatment and transmission facilities operated and maintained by the County which has contrary or differing provisions relative to the imposition of water and/or sewer system development charges or impact fees, shall be construed as superseding the applicable provisions of this subparagraph 8. 9) Developer shall be allowed up to ten (10) temporary private wells and individual sewage disposal systems as areas are developed prior to construction or expansion of the central systems. All such temporary facilities shall comply with applicable state and county regulations and shall acquire required permits. F. ENVIRONMENTAL 1) A site clearing plan shall be submitted to the Environmental Services Department Staff for its review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. 2) Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be 32 G:laellu%"R -4227, Ornngcftc%rlean Omnpft= PUD (I 1- 1-04 }doc Packet Page -130- N N r O N O submitted tb the Environmental Services Department Staff for its review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re- creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. 3) All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Environmental Services Department Staff. 4) If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Environmental Services Department Staff notified. Development will be suspended for a sufficient length of time to enable the Environmental Services Department Staff or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. Environmental Services Department Staff will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. G. gRUCATION 1) The project shall fully mitigate its fiscal impacts by donating a 25 acre Parcel to the Collier County Public School District to be utilized as a school site. 2) Future development of the educational facilities within this PUD Zoning District shall be subject to the two Interlocal Agreements between the Board of County Commissioners of Collier County, Florida and the Collier County School Board to establish educational plant and ancillary Plant site development review processes. H. FIRE PROTECTION 1) The developer commits to providing a central water system to all residential and commercial facilities which is capable of providing fire flow capacities as required by Collier County. G:18e11owsWR4221. 0rae ga rcelClennomngetmePUD (11- 1.04).doc 3 1/10/2012 Item 8.A. 2) Building heights shall be limited to twenty-five (25) feet for all habitable structures in accordance with Corkscrew Fire District's equipment capabilities. I. FISCAL The developer has agreed to dedicate a school site to the School Board, and to donate fifty -five (55) acres to the County for public use purposes, including the Collier County Fairgrounds. The Developer has also donated $25,000 to the Corkscrew Fire District for equipment on August 3, 1987. These donations shall mitigate the project's fiscal impacts. 9.03 DEVELOPMENT PLAN A. The Master Plan, Thomas Lucido & Associates Ref. No. 9020, is an illustrative preliminary development plan. B. The design criteria and layout illustrated in the Master Plan shall be understood as flexible so that the final design may best satisfy the project and comply with all applicable requirements. C. Minor design changes shall be permitted subject to County staff administrative approval 9.04 AMENDMENT Amendments of this PUD Document, or of the Master Land Use Plan, shall be accomplished according to the procedures set forth by Collier County for amendments to a planned unit development. GABAbovd)AR -4227, Ormgetm-Cl,,n Owgemc PLO (I1 -1 -04) d= 4 Packet Page -132- Q� N 0 N O e 3 s?3raa�s aay e: r '"a i 1 �3eaie ? tt s3 z 'ta�# a t' rr ui Cod 6 w Q e f r aI Ig aiszt ei e: e� 1/10/2012 Item 8.A. EXHIBIT 8 LEGAL DESCRIPTION ORANGETREE PUD THIS PARCEL CONTAINS APPROXIMATELY 2, 136.87 ACRES AND IS PLATTED AS NORTH GOLDEN GATE AND RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AS FOLLOWS: UNIT I PLAT BOOK 9 PAGES 12 -28 UNIT 2 PLAT BOOK 9 PAGES 39-43 UNIT 3 PLAT BOOK 9 PAGES 125 -142 UNIT 4 PLAT BOOK 9 PAGES 53 -64 UNIT 5 PLAT BOOK 9 PAGES 65 -72 UNIT 6 PLAT BOOK 9 PAGES 74 -78 UNIT 7 PLAT BOOK 9 PAGES 85 -97 LESS AND EXCEPT THE FOLLOWING DESCRIBED LANDS: THREE PARCELS OF LAND LOCATED IN SECTIONS 13.14 AND 24, TOWNSHIP 48 SOUTH, RANGE 27 EAST, AND SECTION 19, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCELI COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 88 050'06" WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 13 FOR A DISTANCE OF 2.68 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A' ; THENCE RUN NORTH 0003011" 1" WEST FOR A DISTANCE OF S0.01 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF OIL WELL ROAD (C- 8.858) AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN SOUTH 88 °50105" WEST, ALONG SAID NORTH RIGHT OF WAY LINE FOR A DISTANCE OF 2,677.95 FEET; THENCE RUN SOUTH 89 "3535" WEST, ALONG SAID NORTH RIGHT OF WAY LINE FOR A DISTANCE OF 1,051.57 FEET TO A POINT ON THE EAST LINE OF A 150 FEET WIDE NORTH -SOUTH DRAINAGE EASEMENT RECORDED IN OFFICIAL RECORD BOOK 1433 AT PAGES 509 THROUGH 517 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 00°29'46" WEST, ALONG SAID EAST LINE FOR A DISTANCE OF 4,173.91 FEET TO A POINT HEREINAFTER REPERED TO AS POINT "B ", THE SAME BEING A POINT ON THE SOUTH LINE OF A 150 FOOT WIDE CANAL MAINTENANCE EASEMENT RECORDED IN OFFICIAL RECORD BOOK 1322 AT PAGE 1903 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89 "33'04" EAST, ALONG SAID SOUTH LINE FOR A DISTANCE OF 3,729.66 FEET TO A POINT ON THE WEST L1IVE OF NORTH GOLDEN GATE CANAL, (AN BO FOOT WIDE RIGHT OF WAY); THENCE RUN SOUTH 00 °2930" EAST, ALONG SAID WEST LINE FOR A DISTANCE OF 4,141.20 FEET TO THE POINT OF BEGINNING OF THE PARCE ACRES, MORE OR LESS. L OF LAND HEREIN DESCRIBED, CONTAINING 356.397 TOGETHER WITH PARCEL 11 COMMENC9 AT THE HEREINABOVE DESCRIBED POINT "B° THE SAME BEING THE NORTHEAST CORNER OF A 150 FOOT WIDE NORTH -SOUTH DRAINAGE EASEMENT RECORDED IN OFFICIAL RECORD BOOK 1433 AT PAGES 509 THROUGH 517 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89 °33'04" WEST, ALONG THE NORTH LINE OF SAID NORTH -SOUTH DRAINAGE EASEMENT FOR A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN SOUTH 00 °2946" EAST, ALONG THE WEST LINE OF SAID NORTH -SOUTH DRAINAGE EASEMENT FOR A DISTANCE OF 1,820.00 FEET; THENCE RUN SOUTH 89 °33'05" WEST FOR A DISTANCE OF 1,463.41 FEET TO A POINT ON THE WEST LINE OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE CONTINUE SOUTH 89 °33'05" WEST FOR A DISTANCE OF 1,018.80 FEET; THENCE RUN NORTH 00 02910" WEST FOR A DISTANCE OF - - _.-1. Page 1 of 2 Packet Page -134- Q QO E N VI r O N O r r LEGAL DESCRIPTION ORANGETREEPUD Page 2 of 2 1,427.55 FEET TO A POINT ON THE SOUTHERLY LINE OF A 150 FOOT WIDE CANAL MAINTENANCE EASEMENT RECORDED IN OFFICIAL RECORD BOOK 1322 AT PAGE 1903 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 74°32 -3 1" EAST, ALONG SAID SOUTHERLY LINE FOR A DISTANCE OF 1,063.68 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 13; THENCE CONTINUE NORTH 74 °32'31 "EAST, ALONG SAID SOUTHERLY LINE FOR A DISTANCE OF 451.69 FEET; THENCE RUN NORTH 89 °33'04" EAST, ALONG SAID SOUTHERLY LINE FOR A DISTANCE OF 1,018.10 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 97.113 ACRES, MORE OR LESS. TOGETHER WITH PARCEL III COM117ENCIr AT THE HEREINABOVE DESCRIBED POINT "A "; THENCE RUN SOUTH 00 °24'57" EAST FOR A DISTANCE OF 50.01 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF OIL WELL ROAD (C.R.858), THE SAME BEING A POINT ON THE WEST LINE OF NORTH GOLDEN GATE CANAL, (AN 80 FOOT WIDE RIGHT OF WAY) AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED THENCE RUN SOUTH 00°2HE EAST, ALONG SAID WEST LINE FOR A DISTANCE OF 920.94 FEET TO A POINT ON THE EAST LINE OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE CONTINUE SOUTH 00° SECTION EAST, ALONG SAID WEST LINE, FOR A DISTANCE OF 1,819.06 FEET; THENCE RUN SOUTH 89 °30'46' WEST FOR A DISTANCE OF 4.33 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 24; THENCE CONTINUE SOUTH 89 °3046" WEST FOR A DISTANCE OF 395.66 FEET;; THENCE RUN NORTH 58031'29" WEST FOR A DISTANCE OT 1,010.00 FEET; THENCE RUN NORTH 88°1701" WEST FORA DISTANCE OF 645.91 FEET; THENCE RUN SOUTH 81-4531- WEST FOR A DISTANCE OF 230.00 FEET, THENCE RUN NORTH 47 °05'10" WEST FOR A DISTANCE OF 686.83 FEET; THENCE RUN NORTH 310292911 T, THENCE WEST FORA DISTANCE OF 3 EST FEET; THENCE RUN NORTH 50 °28'29" WEST FOR A DISTANCE OF WEST FEET; THENCE RUN NORTH 39°58'29" WEST FOR A DISTANCE OF 255.00 FEET; THENCE RUN NORTH 00 °24'25" WEST FOR A DISTANCE OF 850.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF OIL WELL ROAD (C.R858); THENCE RUN NORTH 89 °35'36" EAST, ALONG SAID SOUTH RIGHT OF WAY LINE, FOR A DISTANCE OF 749.99 FEET; THENCE RUN NORTH 88 °50'07" EAST, ALONG SAID SOUTH ACRES, , MORE OR LESS. RIGHT OF WAY LINE, FOR A DISTANCE OF 2,677.39 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 162.431 NOTES: I. BEARINGS SHOWN HEREON REFER TO THE SOUTH LINE OF THE SOUTHWEST !/4 OF SE CTION 13, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, AS BEING S 89°35'35" O W. 2. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS AND /OR RESTRICTIONS 0. RECORD. DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. Page 2 of 2 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2004 -73 1/10/2012 Item 8.A. Which was adopted by the Board of County Commissioners on the 16th day of November 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 17th AOW day of November, 2004. DWIGHT E. BROCK`-..••••••.. ✓Gi'/ Clerk of Court�s••'a;►q: Cleric®y�`�, Ex- officio to ,$oyiz�l�'t County CommissJaaners • -' -;: ; By: Heidi R. Y Deputy Clerk Packet Page -136- N N O N r r / br ORDINANCE NO. 05- 42 �� •-� "Gt� AN ORDINANCE AMENDING ORDINANCE NUMBER Qtit§8 dL 200441, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PUD TO A MIXED USE PLANNED UNIT DEVELOPMENT KNOWN AS THE ORANGETREE MPUD, FOR PROPERTY LOCATED IN SECTIONS 11 AND 14, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 216 ACRES; r, PROVIDING FOR THE PARTIAL REPEAL OF ORDINANCE NUMBER 0473, THE EXISTING ORANGETREE PUD ORDINANCE; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Public Utilities Division and the Collier CF r ty $card of County Commissioners, represented by Bruce E. Tyson, AiCP, of WilsonMiller, Inc., has petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Sections 11 and 14, Township 48 South, Range 27 East, Collier County, Florida, is changed from "PUD" to "MPUD," Mixed Use Planned Unit Development, in accordance with the additions and deletions to Ordinance Number 0473, the Orangetree PUD as reflected in the POD Document, attached hereto as Exhibit "A," which is incorporated herein and by reference made part hereof• The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 04-73, known as the Orangetree PUD, adopted on November 16, 2004, by the Board of County Commissioners of Collier County, Florida, is hereby repealed only to the extent that the Ordinance is inconsistent with the additions and deletions set forth in the Orangetree MPUD Document attached hereto as Exhibit "A ". All other provisions of Ordinance Number 04-73 shall remain in full force and effect. Words gtaelt4hreao are deleted; words underlined are added. Page 1 of 2 - 1/10/2012 Item 8.A. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier jr County, Florida, this ay of a �� , 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT F,... BROCK, CLERK COLLIER COUNTY, FLORIDA CLERK FRED W. COYLE, CHAMMAN '.� '�a •�f�fialt�nan's Approved as to form and legal sufficiency Mar1M. Student - Stirling Assistant County Attorney PUDZ- A•2004- A"888/K D/sp Thfs OYdinonce' tiltd with ft Mr1y of State's ftte th ot� Ond acknowlsdg m that flOn I recel & fbil Idoy .a u o.[. swlk Words stmak flimugh are deleted; words underlined are added. Page 2 of 2 Packet Page -138- FS N N T- C) N O r AMMO,. +srow ve ob•cw.im raoorx+.00i. e+vac, x�oa ZONING AND DEVELOPMENT DOCUMENT for ORANGETREE II COLLIER COUNTY PUBLIC UT rr ENGINEER_mvn T%rt oN First Amendment Prepared by: Wils amaler.Inc i ttineer ., Planners and Land Surveyors 3200 Bailey Lane at Airoort Road Suite 200 Naples. Florida 33443 34105 PUD Amendment Application November 22, 1989 Revised February 27, 1991 Revised May 13, 1991 Revised May 11, 2004 Revised October 26, 2004 Revised 2005 Revised A ri15 2005 Revised May 12 2005 Original Z & DD Approval: December 10, 1985 Ordinance Number. 87 -13 Approved by CCPC: December 20, 1990 Approved by BCC: June 1991 Ordinance Number: 9143 Approved by CCPC: March 4, 2004 Approved by BCC: May 11, 2004 Ordinance Number. 2004 -30 Approved by CCPC: September 16, 2004 Approved by BCC: November 16, 2004 Ordinance Number. 2004 -73 Exhibit "A" 1/10/2012 Item 8.A. INDEX N15//ppS kale" V... M. CWUM WR NWLYJ1.001. E7MRR• 7AI05 Packet Page -140- -2- ru PAGE Index 2 Statement of Compliance 2A List of Exhibits and Tables 3 SECTION I Property Description 4 SECTION II Project Development 5 SECTION III Agricultural Development 10 SECTION IV Residential Development 44. 12 SECTION V Commercial/Neighborhood 16 SECTION VI Golf Course 19 SECTION VII Community Use 24 21 SECTION VIII School/Park 24 23 SECTION IX Public Facilities 25 SECTION EK General Development Commitments 26 N15//ppS kale" V... M. CWUM WR NWLYJ1.001. E7MRR• 7AI05 Packet Page -140- -2- ru i N N r O N O r r 2A STATEMENT OF MUDT TANCE 1. .and Use R ement 9 3.inorovements are nla ned to be in compliance with annlicable land develonmr tree+ +lagons as set forth m Obtecttve 3 of the FutL�P l and Use Eir+n+en+ 4. The nmiect 5. _SHOR_ T TITLE Ibis Ordinance shall be known and cited as the "Oran etree PlannP Ordinance " d Un+t eveiopmrnt 6'+Ylu 3. 151"1 v. , on. CWMo eu" LIST OF EXHIBITS AND TABLES EXHIBIT A Master Plan (Prepared by Thomas Lucido & Associates Ref. No. 9020) EXHIBIT B Legal Description TABLE I Land Use Summary TABLE II Estimated Market Absorption Schedule TABLE III Development Standards EnY2CCs +51"4 wr. on.OVMO w:. laoo+•xuu+. tw�u• xa+oe Packet Page -142- 1/10/2012 Item 8.A. -3- N N r O N O -4- SECTION I PROPERTY DESCRIPTION AND OWNERSHIP 1.01 INTRODUCTION LOCATION AM PURPOSE It is the intent of Amnon Golan, Trustee, Orangetree Associates, (hereinafter call "— Applicant or Developer ") to establish a Development on approximat ed ely 2,136.87 acres of property located in Collier County, Florida. The subject property+ is described as "North Golden Gate on Collier County Wraps and is bounded on the west by Iscribe ee Road (CR 846), on the south by Randall Boulevard and is bounded on the north and east by drainage ways. Oil Well Road (CR 858) runs direction, through the site in an east -west 1.02 LEGAL DESCRIPTION Legal Description: This parcel contains approximately 2,136.87 acres and is platted as North Golden and recorded in the Public Records of Collier County, Florida as follows: Gate Unit 1 Plat Book 9 Pages 12 -28 Unit 2 Plat Book 9 Pages 39-43 Unit 3 Plat Book 9 Pages 125 -142 Unit 4 Plat Book 9 Pages 53 -64 Unit 5 Plat Book 9 Pages 65 -72 Unit 6 Plat Book 9 Pages 74-78 Unit 7 Plat Book 9 Pages 85 -97 Less and except those Iands described in Exhibit `B" attached, containing 615.931 acres. M 11411) Ice06]M.oM.6wfit. nice SECTION H PROJECT DEVELOPMENT 2.01 PURPOSE 1/10/2012 Item 8.A. -5- The purpose of this Section is to generally describe the plan of the development and delineate the general conditions that will apply to the project. 2.02 GENERAL PLAN OF DEVELOPMENT The subject parcel is designed as a mixture of agriculture, residential uses, commercial and community oriented facilities, and recreational elements. 2.03 COMPLIANCE WITH APPLICABLE ORDINANCES The project is intended to be in substmtiel compliance with the applicable Collier County Zoning and Subdivision regulations as well as other Collier County development codes in effect at the time permits and/or plats are requested. 2.04 SUBDIVISION MASTER PLAN AND SITE DEVELOPMENT PLAN APPROVAL The review and approval of subdivision master plans and construction plans shall follow the design and development standards and review procedures regulating subdivisions of the Collier County Ordinances in effect at the time of development. The developer reserves the right to request exceptions and modifications to the standards set forth in applicable regulations. For site development plan approval, the provisions of Subsection 10.02.03 of the Land Development Code shall apply to the development of platted tracts or parcels of land as provided in Subsection 10.02.03 prior to the issuance of a building permit or other development order. 2.05 LAND USES Table I is a schedule of the intended land use types, with approximate acreages and total dwelling units indicated. The arrangement of these land use types is shown on the Master Plan, Thomas Lucido & Associates Ref. No. 9020. Changes and variations in design and acreages shall be permitted at final design to accommodate topography, vegetation, and other site conditions. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be submitted to the Administrator for approval or denial, as described in Section 2.04 of this document. a+mcs+s+r�, v.. m -cw+wo iaam.xa.en+. e��nK. rn+os Packet Page -144- & I. N N T_ O N O -6- 2.06 PROJECT DENSITY The total acreage of the subject property is approximately 2,136.87 acres. The m m aximu number of dwelling units to be built on the total acreage is 2,100. The number of dwelling units per gross acre is approximately 0.98. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land but shall comply with guidelines established in this document. 2.07 PERMITTED VA_RraTrONS OF DWE> LING UNITS All properties designated for residential uses may be developed at the maxinn number of dwelling units as assigned under Section 2.04, provided that the total number of un dwelling units shall not exceed 2,100. The Administrator shall be notified in accordance with Section 2.04 of such an increase and the resulting reduction in the corresponding residential land use types or other categories so that the total number of dwelling units shall not exceed 2,100. The maximum number of dwelling units by type as shown in Table I shall not vary by more than twenty (20) percent in each category. The maximum number of dwelling units shall include all caretaker's units but does not include the designated hotel rooms. 2.08 DEVELOPMENT evnT tmar,E AND SCHEDULE The applicant has not set "stages" for the development of the propert y but the property is to be developed over an estimated 15 year period. Any projection of project development can be no more than an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. Table II indicates, by phase, the estimated absorption of units for the estimated 15 year development period. 2.09 RESERVATION OF NATURAL VEGETATION TREE REMOV nr Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Development Standards outlined in this documents. 2.10 �SEMENTS FOR UTILITIES Easements shall be provided for water management areas, utilities and other purposes as may be needed. Said easements and improvements shall be in substantial compliance with the Collier County Subdivision Regulations in effect at the time a permit is requested or required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time approvals are requested. bltA,pt. 1tH01 W.DH.GWMD wY �aao�.taat�. Ewwt. snot 1/10/2012 Item 8.A. -7- 2.11 EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATIONS Exceptions to the Subdivision Regulations shall be requested at the time of Subdivision Master Plan review and approval. 2.12 LAKE SITING As depicted on the Master Plan, Thomas Lucido & Associates Ref. No. 9020, lakes and natural retention areas have been sited adjacent to existing and planned roadways. The goals of this are to achieve an overall aesthetic character for the project, to permit optimum use of the land, and to increase the efficiency of the water management network. Accordingly, the setback requirements described in Ordinance 80 -26, Section 8A, may be reduced with the approval of the County Engineer. Fill material from lakes is planned to be utilized within the project, however excess fill material may be utilized off - site, subject to the provisions of the excavation ordinance in effect at the time permits are sought. 2.13 ROADS Collector roads will be public roads. Local roads within the development may be either public or private roads, depending on location, capacity, and design. 01 15M 1519" VW. 9n -LWAM uw 709CI.11A.E06 Ewfat- 70f0s Packet Page -146- -8- a tW OCS t6ti01 V- 02 -MAM raow•1or.ao t. err wr. zua LAND USE SUMMARY TABLE SYMBOL DESCRIPTION UNITc APPROXEMATE AC FAGE AG Agriculture *2 494131 *1 Q GC Golf Course *2 200 *3 06 E R -1 Residential 143 110 R -2 Residential 1797 586 N O R -3 Residential 160 30 N O CU Community Use 9615 r PF Public Facility 147 U Utility 15 SP School/Park 36 M CN Neighborhood (Max. 60,000 22 Commercial S.F. plus motel units) RW Right -of -Way 149.8 LAKE 420 Total 2,100 2,136.8 -7*4 NOTE:The projected total unit summary represents one possible residential mix to yield 2,100 units. Should there be an increase of units in any residential category, there would be a corresponding decrease in other categories to maintain a maximum total of 2,100 units. R -1 One -half acre lots — single family. R-2 Detached and attached single family, duplex and triplex, cluster homes, zero lot line, villas, patio homes, townhouses. R -3 CIuster homes, zero lot line villas, patio homes, townhouses, garden apartments (2 -story max.). *1 Includes agricultural reservoirs. *2 Approved breakdown of agriculture and golf course lands. *3 Includes golf course related lakes. *4 Based on actual survey of acreage. a tW OCS t6ti01 V- 02 -MAM raow•1or.ao t. err wr. zua ESTIMATED MARKET ABSORPTION SCHEDULE TABLE R YEAR DWELLING UNIT CUMULATIVE PRODUCTION TOTAL 1 0 0 2 70 70 3 100 170 4 140 3I0 5 160 470 6 160 630 7 160 790 8 165 955 9 165 1,120 10 165 1,285 11 165 1,450 12 165 1,615 13 165 1,780 14 160 1,940 15 160 2,100 &15,Ms,s,sw w,".ewM* euu rom,.w«oo,. s„rx,r.xros Packet Page -148- 1/10/2012 Item 8.A. -9- so N N O N O r SECTION III AGRICULTURAL DEVELOPMENT 3.01 PURPOSE -10- The purpose of this Section is to set forth the regulations for the areas designated on the PUD Master Plan, Thomas Lucido & Associates Ref. No. 9020 as AG. 3.02 GENERAL DESCRIPTION The AG District is intended to apply to those areas, the present or prospective use of which is agricultural, pastoral or rural in nature. This district is designed to accommodate both traditional agricultural uses and techniques, and conservation measures where appropriate, and public educational plants and ancillary plants, while protecting the rural areas of the County. The regulations in this district are intended to permit a reasonable use of the property, while at the same time prevent the creation of conditions which would seriously endanger, damage, or destroy the agricultural base of the County, or environmental resources, potable water supply, or the wildlife resources of the County. To this end, the use of drip- irrigation techniques or any other low volume irrigation, like microjet, shall be implemented for agricultural uses (golf course excepted) in this district. 3.03 PERMITTED USES AND STRUCTURE A. Permitted Principal Uses and Structures: 1) Agricultural activities, such as field crops, reservoirsAakes, orchards, horticulture, fruit and nut production. 2) Educational plants: An "Educational Plant" comprises the educational facilities, site and site improvements necessary to accommodate students, facility, administrators, staff, and the activities of the educational program of each plant that is operated by the Collier County School Board. B. Conditional Uses: a�vims tsrow vn ax. cw.uw eun nootmwaoaEwtm•zatoa 1) Ancillary plants: An "Ancillary Plant" is comprised of the building, site and site improvements necessary to provide such facilities as vehicle maintenance, warehouses, maintenance, or administrative buildings necessary to provide support services to an educational program operated by the Collier County School Board. 1/10/2012 Item 8.A. C. Permitted Accessory Uses and Structures: 1) Accessory uses and structures which are incidental to and customarily associated with uses permitted in the district. 2) On -site retail sales of farm products primarily grown on the farm. 3) Caretakers residences. D. Permitted Uses /Conditional Uses Requiring Site Development Plan Approval: 1. Packing Houses 2. Public educational plants and ancillary plants E. Development Standards for Educational Plants and Ancillary Plants: biY107i IS1Dyi yr, Dy. QAMD GMf TODDI.TW.ppt. BvnIX• tD106 1. In accordance with the Interlocal Agreement between the Board of County Commissioners and the Collier County School Board adopted May 16, 2003, set forth in the LDC or its successor ordinance. 2. Building height shall be a maximum of forty-eight (48) feet for principal structures and thirty -six (36) feet for accessory structures. 3. All required buffers for the School Board's property shall be in place by December 31, 2004. Packet Page -150- tU N O N O r r SECTION N RESIDENTIAL DEVELOPMENT 4.01 PURPOSE -12- The purpose of this Section is to set forth general regulations for the areas designated on the Master Plan Thomas Lucido & Associates Ref. No. 9020 as Residential (R -1 to R -3). 4.02 MAXIMW DWELLING UNITS A maximum number of 2,100 dwelling units may be constructed on lands designated as Residential (R-1 to R -3) except as permitted by Section 2.07. 4.03 GENERAL DESCRIPTION Areas designed as Residential (R -1 to R -3) Thomas Lucido & Associates Ref. No. 9020 are designed to accommodate a full range of residential dwelling types, recreational facilities, essential services, customary accessory uses, and compatible land uses such as religious, governmental, and educational facilities provided such uses meet the development standards as set forth in this document. Four residential land use categories have been identified on the Master Plan. The R -1 designation includes approximately 110 aces and will accommodate single family development on one -half acre lots. The R -2 designation includes approximately 586 acres and will provide for both conventional detached and attached single family development. The R -3 designation includes approximately 30 acres of low density cluster and multi- family development. 4.04 PERMITTED PRINCIPAL USES AND STRUCTURES R -1 �aw�•Zw.om• twwc. z4 �w • Detached single family homes • Model units • Recreational facilities, parks, lakes and water management facilities R -2 • Detached and attached single family homes • Duplex and triplex units • Cluster homes, zero lot Iine, villas, patio homes, townhouses • Model units • Recreational facilities, parks, lakes and water management facilities 1/10/2012 Item 8.A. -13- R -3 • Cluster homes, zero lot line, villas, and patio homes • Townhouses • Garden apartments, low rise multi - family • Recreational facilities, parks, lake and water management facilities 4.05 PERMITTED ACCESSORY USES AND STRUCTURES • Accessory uses and structures customarily associated with uses permitted in this district • Essential services and facilities • Guest homes in R -1 areas on lots one acre or larger in size 4.05 PERMITTED USES AND STRUCTURES REOVAMG DEVELOPMENT PLAN APPROVAL UNDER SECTION 204 • Religious facilities • Civic and cultural facilities • Educational facilities • Private Clubs • Child care centers — owner occupied • Rest homes, foster homes, rehabilitation center, hospices • Other non - residential uses customary in residential districts 4.07 DEVELOPMENT STANDARDS The following Sections set forth the development standards for permitted uses within the subject parcel. a Standards for landscaping, signs, parking and other land uses not specified herein are to be in accordance with Collier County Zoning Regulations in effect at the time permits are requested. Unless otherwise indicated, setback, height, and floor area standards apply to principal structures. b. Roadway setbacks shall be measured as follows. 1. If the parcel is served by a public right -of -way, setback is measured from the adjacent right -of -way line. 2. If the parcel is served by a private road, setback is measured from the road easement or parcel line. 3. If the multi - family parcel is served by a private drive, setback is measured from the back of curb or edge of pavement, whichever is greater. atsmos. �staw vr. m! -avuto cw� A700i•iDtLp1• klvgl(. 7etm Packet Page -152- -14- LnION&IMP" vr.MCLVAM 7=T- =S4oafiwxR.Y610B DEVELOPMENT STANDARDS "R" Residential Areas . TABLE III A Permitted Uses R -1 Villas, Single Low Rise Standards Detached Patio & Family and Garden R -2 Cluster Attached Apartments Detached Q _ Homes Townhouse O Minimum Site - NArea '/s - AC 3000 SF 3000 SF - 6000 SF = Site Width x units N Min. Avg. 120 60 O N Front Yard Setback 30 20 20 25 25 Side yard Setback 20 0 or 10 0 or 10 15 5.5 Rear Yard Setback 25 15 25 30 20 Rear Yard Setback Acsry. 0 0 0 0 5 Max. Building Height 25 25 25 25 25 Dist. Between Principal Str. N/A N/A .5 SBH .5 SBH N/A Floor Area Minimum (S.F). 1200 750 900 750 1000 SITE DEPTH AVERAGE Determined by dividing the site area by the site width. ST1 E WIDTH The average distance between straight ]fines connecting front and rear parcel lines at each side of the site, measured as straight lines between the foremost points of the side parcel lines in the front (at the point of intersection with the front parcel line) and the rearmost point of the parcel lines at the rear (point of intersection with the rear parcel line). SBH: (Sum of Building Height): Combined height of two adjacent buildings for the purpose of determining setback requirements. LnION&IMP" vr.MCLVAM 7=T- =S4oafiwxR.Y610B 1/10/2012 Item 8.A. uw=ws• rs +es. vv. eH• cw.wo 7w01•200au+. Earnwx,w Packet Page -154- -15- DEVELOPMENT STANDARDS "R" Residential Areas TABLE III B PERMITTED USES EDUC. CIVIC / RELIGIOUS STANDARDS FACILITIES CULTURAL FACILITIES PRIVATE OTHER CLUB USES FACILITIES NOT IT Minimum Site As determined during the Per Count, Area process under Section 2.04. Regulations Site Width As determined during he g in effect at the time a permit is Min. Avg. g process under Section 2.04. requested. Site Depth As determined during the Min. Avg. process under Section 2.04. Front Yard 40 40 40 30 Setback Side Yard 30 30 30 20 Setback Lake Bank 20 20 20 20 Setback Rear Yard 30 or BH 30 or BH 30 or BH 30 Setback Rear yard 10 10 10 10 Setback Acsry. Max Building 25 25 25 25 Height (Ft.) Dist. Between .5 SBH .5 SBH .5 SBH SBH Principal Str. .5 Floor Area 1000 1000 1000 1000 Minimum (S.F.) uw=ws• rs +es. vv. eH• cw.wo 7w01•200au+. Earnwx,w Packet Page -154- -15- -16- 3) Carpet and floor covering sales (including storage and installation); child care centers; churches and other places of worship; clothing stores; confectionery and candy stores; convenience commercial establishments. 4) Delicatessen; drug stores; dry cleaning shops; dry good stores. 5) Electrical supply stores. 6) Fish stores; florist shops; food markets; furniture stores; furrier shops and fast food restaurants. 7) Gift shops; gourmet shops; 8) Hardware stores; health food stores; hobby supply stores; homes for the aged; hospices. 9) Ice cream stores; ice sales: interior decorating showrooms. 10) Jewelry stores. VI&MsUs"M W..W.CWMM we 70mLi01.Op4 fl4NK• I&109 SECTION V CN — COMMERCIAUNEIGHBORHOOD 5.01 P_ URPOSE The purpose of this Section is to set forth the regulations for the areas designated on Q Thomas Lucido & Associates Ref. No. 9020, as 'CN'. The CN tract is intended to provide residents with conveniently located commercial facilities and services that are op typically required on a regular basis. 5.02 PERMITTED USES AND STRUCT ES N No building or structure, or part thereo4 shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: N A. Permitted Principal Uses and Structures 1) Antique shops; appliance stores; art studios; art supplies; automobile parts stores; automobile service stations, without major repair; agricultural supply stores. 2) Bakery shops; banks and financial institutions; barber and beauty shops; bath supply stores; blue print shops; bicycle sales and services; book stores. 3) Carpet and floor covering sales (including storage and installation); child care centers; churches and other places of worship; clothing stores; confectionery and candy stores; convenience commercial establishments. 4) Delicatessen; drug stores; dry cleaning shops; dry good stores. 5) Electrical supply stores. 6) Fish stores; florist shops; food markets; furniture stores; furrier shops and fast food restaurants. 7) Gift shops; gourmet shops; 8) Hardware stores; health food stores; hobby supply stores; homes for the aged; hospices. 9) Ice cream stores; ice sales: interior decorating showrooms. 10) Jewelry stores. VI&MsUs"M W..W.CWMM we 70mLi01.Op4 fl4NK• I&109 1/10/2012 Item 8.A. -17- 11) Laundries — self — service; leather goods and luggage stores; locksmiths and liquor stores. 12) Meat market; medical office or clinic for human care; millinery shops; motel, hotel and transient lodging, music stores. 13) Office (retail or professional); office supply stores. 14) Park and ride, paint and wallpaper stores; pet shops; pet supply stores; photographic equipment stores; post office. 15) Radio and television sales and services; excluding satellite dishes and antennas; restaurants, including fast foods; small appliance stores; shoe sales and repairs; restaurants. 16) Souvenir stores; stationery stores; supermarkets and sanatoriums. 17) Tailor shops; tobacco shops; toy shops; tropical fish stores. 18) Variety stores; veterinary offices and clinics (no outside kenneling). 19) Watch and precision instrument sales and repair. 20) Water management facilities and essential services. 21) Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ( "BZA "). B) Permitted Accessory Uses and Structures 1) Accessory uses and structures customarily associated with the uses permitted in this district. 2) Caretaker's residence. 5.03 DEVELOPMENT STANDARDS A) Minimum Site Area: As approved under Section 2.04. B) Minimum Site Width: As approved under Section 2.04. C) Minimum yard Requirements from parcel boundaries: r16'�p�,5. is1D91 Y¢ 01bCNARO WET 14ppIQ01-ftL lY/RN.7►/01 Packet Page -156- i tU N O N O D) E) F) -Is- Abutting non - residential areas: Twenty -five (25) feet Abutting residential areas: Thirty -five (35) feet in which as appropriately designed and landscaped buffer shall be provided, as determined under Section 2.04, and in which no parking shall be permitted. Distance between principal structures: None, or a minimum of five (5) feet with unobstructed passage from front yard to rear yard. Maximum Height of Structures: Twenty -five (25) feet above the finished grade of the site. Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the ground floor. G) Minimum standards for signs, parking, fighting, and landscaping shall be in conformance with applicable Collier County regulations in effect at the time permits are sought. H) I) J) t+tereteitst"s VN.UA.MAW cw 7motaot.00t. ewaK. xet oe A maximum of sixty thousand square feet (60,000 s.f.) of leasable commercial building floor area shall be permitted in the CN district, exclusive of motel use. No outside display or storage shall be permitted. Maximum density for motel, hotel, and transit lodging shall be 26 units per acre. 1/10/2012 Item 8.A. -19- SECTION VI 'GC' GOLF COURSE 6.01 GOLF COURSE DISTRICT The Golf Course District is intended to provide for an 18 -hole gold course within the project. 6.02 PERMITTED LOCATIONS It is recognized that golf courses provide open space for an entire community and serve a variety of functions including important water management functions. Therefore, the Golf Course District shall be a floating use and may be located within the Agricultural or Residential Districts, provided that the density of residential development shall not be substantially effected. 6.03 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, constructed, reconstructed, or structurally altered which is designed, arranged, used or intended to be used or occupied, or land or water used, in whole or in part, upon that portion of the subject parcel designated as Golf Course District for one or more of the following uses: A. Permitted principal Uses and Structures 1) Golf Course 2) Racquetball, handball, tennis and other similar types of court(s). 3) Recreation clubs, clubhouse(s), and facilities, including the serving of alcoholic beverages. 4) Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (" BZA'�. B. Permitted Accessory Uses and Structures 8�sams161ON VW. MCWARD 70=1.2"d %-EWRR -ISO" 1) Pro -shop, practice driving range, golf learning centers, golf course shelters, and other customary accessory uses of Golf Courses, Tennis Clubs, or other recreational facilities. 2) Non - commercial plant nursery. 3) Maintenance shops and equipment storage. Packet Page -158- f N N r O N O -20- 4) Accessory uses and structures customarily associated with the uses permitted in this District. 5) Snack bars. 6) A maximum of two (2) residential units in conjunction with the operation of the golf course. 7) Small commercial establishments, including gift shops, golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to serve patrons of the golf course(s) or tennis club(s) or other permitted recreational facilities. 6.04 DEVELOPMENT REGULATIONS FOR GOLF COURSE DISTRICT The purpose of this Section is to detail the development regulations for the Golf Course District. A. Maximum Height: - 25' B. Overall site design shall be harmonious in terns of landscaping, locations of structures, locations of access streets and parking areas, and location and treatment of buffer areas. C. Buildings shall be set back a minimum of fifty (50) feet from abutting residential neighborhoods and the setback area shall be landscaped. Tennis courts shall be setback a minimum of five (5) feet from parcel boundaries. D. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare. 6.05 SITE PLAN APPROVAL REQUIREMENTS A. A plan of the golf course shall be approved in accordance with Section 2.04 prior to construction. B. Plans for all principal and all accessory uses shall be submitted to the Administrator for approval in accordance with Section 2.04. d17lLODS 731M Vr. M-ON pp wu 1CODL70t9pL 7! WRM -IOID6 SECTION VII COMMUNITY USE 7.01 PURPOSE 1/10/2012 Item 8.A. -21- The purpose of this Section is to set forth the regulations for the areas designated on the Master Plan, Thomas Lucido & Associates Ref. No. 9020, as CU, Community Use. The site includes 3S 155 acres, has been-dedieated is owned by to Collier County and may be used for the purposes set forth below and shall satisfy the Collier County Comprehensive Plan's park site dedication requirements for the project. 1Pke-adslitieeal f this total 31 acres shall -be are used for CU by Collier County for the expansien af-the-Collier County Fair Grounds. 7.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: • Parks and playgrounds • Bicycle, hiking and nature trails • Recreational shelters and restrooms • Recreational fields, sports facilities and courts • Passive recreational facilities • Docks and small boat rentals • Community centers • Restaurant or snack bar in conjunction with recreational activities • Water management facilities and essential services • Collier County Fair Grounds • State of Florida Forestry Department facilities • Fire State Site • Household waste and recycling facilities • Other governmental facilities • Park and ride facilities • Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals C BZA "). • Continuation of orange stove activity until development occurs on the prouertv or on undeveloped portions of the property as provided for in Section III Agricultural Devel 2meit, 7.03 DEVELOPMENT STANDARDS A. Minimum site area: None B. Minimum setback from tract boundaries: 50'. extent that household waste and recycling facilities shall be set back 100' from abutting residential districts. 4nZ70CS 161991 V- Wt. MARD 7000 70M WG-0p1. EVjXK -]9106 Packet Page -160- I.- N N r O N O r wi.w wroa.c ARD on Usa. *ta01 -swat teas -22- C. Minimum setback from road right-of-war. 25' D. Maximum height of structures: 25' (except fire observation tower) E. Minimum distance between buildings: '/s the sum of their heights Er. Minimum standards for parking, lighting, signs, and landscaping shall conform with applicable Collier County regulations in effect at the time permits are sought. SECTION VIII 'SP SCHOOL/PARK 8.01 PURPOSE 1/10/2012 Item 8.A. -23- The purpose of this Section is to set forth the regulations for the areas designated on the Master Plan, Thomas Lucido & Associates Ref. No. 9020, 'SP' School/park. The SP site includes 25 acres reserved for use as a school site and associated park facilities. This site shall be dedicated to the Collier county Public School District at the convenience to the developer, or when requested by the School District, whichever occurs first. The site shall be provided with potable water and sanitary sewer service in conformance with this documents and all applicable standards and requirements. An additional 11 acres is reserved for use as a community recreational park as shown on the Master Plan. 8.02 PERMLITED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Elementary or middle school and facilities 2) Parks and playgrounds 3) Bicycle, hiking and nature trails 4) Recreational shelters and restrooms 5) Recreational fields, sports facilities and courts 6) Water management facilities and essential services 7) Any other use which is comparable in nature with the foregoing list of permitted principal uses as determined by the Board of Zoning Appeals ( "BZA "). 8.03 DEVELOPMENT STANDARDS 1) Minimum Site Area: As approved under Section 2.04 2) Minimum Site Width: As approved under Section 2.04 3) Minimum Yard Requirements: 30' from all 'SP' tract boundaries for principal structures 20' from lake banks 4) Maximum Height: 25' 5) Minimum Floor Area of Principal Structures: One thousand (1000) square feet per building on the first habitable floor. 6) Distance Between Principal Structures: '/z the sum of the building heights or 30', whichever is greater. Minimum standards for signs, parking, lighting, and Yf�pp5. 1ti1061 Wr. pZ.1SYAAff 6V.1 7000{•MI-0pL ENp147Jlf00 Packet Page -162- N N T- C) N O r y�xnaos u+so� v«� ea -av�wp wu raom.a w.w �. ewmc. snag -24- landscaping shall be in conformance with applicable Collier County regulations in effect at the time permits are sought. - 7) Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. 8) Prior to development, a development plan for the tract shall be approved in accordance with Section 2.04. 1/10/2012 Item 8.A. -25- SECTION iX 9.01 PURPOSE EU13LIC FACILITIES The purpose of this Section is to get forth the regulations for the areas deli fliated on the Master Plan as PF. Public Facihhes The site includes 147 acres is owned by Collier County and may be used for the purooseS set forth below and shall satisfy the Collier County Comprehensive Plan's requirements for lie facilities 9.02 PERMITTED USES AND STRUCTLigES The following uses are permitted within the PD district: 11 Water treatment plants 21 Wastewater reclamation plants 31 Administrative facilities common to treatment plant 41 Raw water wells 55) Iniection wells 62 Stormwater management facilities 7� Accessory structures including—but-not limited to maintenance facilities fueling facilities. communications towers and other accessory facilities commonly associated with water treatment and water reclamation facilities 81 Continuation of orange grove activity until development occurs on the property or on undeveloped portions of the property as provided for in Section III Agricultural Development. 9.03 DEVELOPMENT STANDARDS 11) Minimum site area: None 21 Minimum setback from tract boundaries: 100' for water and water reclamation facilities 50' for common administrative facilities 15' for all other facilities 3_2 Minimum setback from road right -of -way- 25' A) Maximum height of structures 60' ?i Minimum distance between buildings: I0' 6) Minimum standards for narking lighting signage and landscaping shall conform with the applicable Collier County regulations in effect at the time permits ar„ sought. 22 Minimum setback for communications towers: one half of the tower height adiacent to residentially zoned vroRRerly 8) The Public Facilities portion of the PUD shall be consistent with the Growth Management Plan regarding potential future interconnections sri7(l005.1SISV Yw. QM- CWAPM ,000t'24b001 • FIVRK• 251 C0 Packet Page -164- i d. Use .ofoperable windows and ceiling fans. e. Installation of energy- efficient appliances and equipment. f. Reduced coverage by asphalt, concrete, rock and similar substances in streets, parking lots and other areas to reduce local air temperatures and reflected light and heat. g. Installation of energy - efficient lighting for streets, parking areas, recreation areas and other interior and exterior public areas. h. Selection of native plants, trees and other vegetation and landscape design features that reduce requirements for water, fertilizer, maintenance and other needs. Maarosaim WOW -OWM0 70 W1.70F001. EIYnK -0106 -26- SECTION DC GENERAL DEVELOPMENT COMMITMENTS 109.01 PURPOSE The purpose of this Section is to set forth the general development commitments for the Q project. 06 E J009.02 DEVELOPMENT COMMITMENTS N A. EN ERY N 1) Construction shall comply with applicable local and state energy codes. N 0 2) Reasonable "good faith" efforts to utilize state -of -the -art energy conservation techniques shall be made with practically and economically feasible. Such techniques may include, but shall trot be limited to the following: a. Provision of bicycle racks and/or storage facilities in office and commercial areas and in multi- family residential areas. b. Cooperation in the locating of bus stops, shelters and other passengers and system accommodations when a transit system is developed to serve the project area. C. Use of energy - efficient features in window design (e.g., shading and tinting). d. Use .ofoperable windows and ceiling fans. e. Installation of energy- efficient appliances and equipment. f. Reduced coverage by asphalt, concrete, rock and similar substances in streets, parking lots and other areas to reduce local air temperatures and reflected light and heat. g. Installation of energy - efficient lighting for streets, parking areas, recreation areas and other interior and exterior public areas. h. Selection of native plants, trees and other vegetation and landscape design features that reduce requirements for water, fertilizer, maintenance and other needs. Maarosaim WOW -OWM0 70 W1.70F001. EIYnK -0106 ,a*w# mart. -w.e ^+� aw: n r.. ,. mK � v<yruNkakm+nwackm RtYF�Fr..v+,Ni+,+saa 1/10/2012 Item 8.A. -27- i. Planting or retention of native shade trees to provide reasonable shade for all recreation areas, streets and parking areas. j. Placement of trees to provide needed shade in the wanner months while not overly reducing the benefits of sunlight in the cooler months. k. Planting or retention of native shade trees for each residential unit. 1. Orientation of structures, as possible, to reduce solar heat gain by walls and to utilize natural cooling effects of the wind. m. Provision for structural shading (e.g., trellises, awnings and roof overhangs) wherever practical when natural shading cannot be used effectively. n. Inclusion of porch/patio areas in residential units. 3) Deed restrictions and other mechanisms shall not prohibit or prevent the use of alternative energy devices such as solar collectors (except when necessary to protect the public health, safety and welfare). B. AIR QUALITY 1) The developer shall comply with applicable codes and apply for required permits relative to air quality, where such permits are required. C. TRANSPORTATION YL]200A 1319M VK 0 -CWMD CA4f i0001.]Oi.001, FYINb ]eNY 1) Road impact fees shall be paid in accordance with Collier County Ordinance 01 -13, or Division 3.15 of the Land Development Code, as amended. 2) The developer shall provide separate left and right turn lanes on Immokalee Road as the project's access if deemed necessary by either the Transportation Operations Director or Transportation Engineer, and shall fund one hundred percent of the capital cost of any traffic signals associated with the ingress and egress when deemed warranted by the County Traffic Operations Engineer. The signal shall be owned, operated and maintained by Collier County. 3) The developer shall bear the entire cost of all traffic signals which may become needed at intersections within the project. , Packet Page -166- w� i L= N N O N O E. ytutas imam V r om. awwo wu 7000t•:DLaCI. RNRK ]1108 -28- D. WATER MANAGEMENT 1) A master /conceptual water management system design shall be submitted to and approved by the Water Management Advisory Board prior to the submittal of construction plans to the County Engineer. 2) Detailed water management construction plans shall be submitted for approval to the County Engineering Department prior to commencement of construction. 3) Surface Water Management Permits shall be obtained from the South Florida Water Management District prior to the commencement of development. 4) The water management for the Orangetree project shall implement water quality "best management practices" to the extent possible. 5) An Excavation Permit will be required for the proposed Iakes in accordance with Collier County Ordinance No. 80 -26, as amended by Ordinance No. 83 -3, and as may be amended in the future. 6) Reservoirs/lakes wholly located in agriculturally designated land may vary from typical construction specifications of County Ordinance No. 88-26 as approved by the Board of County Commissioners through the excavation permit process. If the use of the land surrounding the agricultural reservoirs /lakes is ever changed to a use other than agriculture, all areas of the reservoirs/lakes will be required to meet standards specified in the County Excavation Ordinance in effect at that time. WATER AND SEWER I) Water Facilities — Developer shalt provide an on -site potable water source and shall construct an on -site potable water treatment plant and distribution system. The system shall be designed and constructed, by phases if desired, to serve all developed portions (agricultural areas excluded) of the project; including flows adequate to provide fire protection. All components shall be designed and constructed in accordance with applicable Collier County and State of Florida requirements. 2) Sewer Facilities — Developer shall construct an on -site sewage treatment plant and sewage collection and transmission system to serve all developed portions. Treatment plant shall provide treatment levels, pursuant to Chapter 17- 6.040(q), Florida Administrative Code, required to allow use of treated effluent in the proposed on -site drip irrigation system. S.It1006 u+p, vn. 000•rneM rw, 1000 W4f.p0,. EWAK. 00100 1/10/2012 Item 8.A. -29- All components shall be designed and constructed in accordance with applicable Collier County and State of Florida requirements. During the time that the Developer operates the sewage treatment plant, data required pursuant to County Ordinance No. 80 -112 showing the availability of sewage service will be submitted for approval by the Utilities Division prior to approval of the construction documents for the project and for all building permits required. Copies of the approved DER permits for the sewage collection and transmission systems and the on -site wastewater treatment facility shall be submitted upon receipt to the Utilities Division. 3) Plans Approval — All construction plans and technical specifications and proposed plans, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. Detailed hydraulic design reports covering the complete water and sewer systems to serve the project will be submitted with the construction documents for the project. These reports shall list all design assumptions, demand rates and other factors pertinent to the systems under consideration. Prior to approval of construction documents by the Utilities Division, the Developer will present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer and/or water service to the project until the County can provide these services through its water and sewer facilities. Upon completion of construction the water and sewer facilities will be tested to insure they meet Collier County's minimum requirements, a comprehensive inspection of the facilities made by the Utilities Division and record drawings of the facilities filed with the Utilities Division. Any utility entity established to serve or serving the project shall also be bound by these General Development Obligations concerning the provision of water and sewer related utilities to the project. 4) Facilities Ownership and Conveyance — It is understood by Developer that Collier County may, at some future time, desire to serve the project water and sewer services. To that end, Developer freely and voluntarily agrees to convey at no cost all water and sewer treatment plants and distributionicollection and transmission system components to Collier County. Notwithstanding anything herein to the cbntmry, the County in turn will agree not to make formal request to serve the project with water or sewer related services until on or after January 1, 2001. In that regard, Packet Page -168- -30- Developer and any interim utility established to serve the Project shall enter into a specific agreement with and acceptable to County which outlines the procedures, covenants, obligations and responsibilities arising from these General Development Obligations concerning the provision of water and sewer related utilities to the project Once the water /sewer systems have been conveyed to Collier County, any Q required expansions to the on -site water treatment plant or sewage ap treatment plant shall be the responsibility of Collier County and shall be accomplished as required to meet project demand, at the expense of Collier County. All required expansions of the water distribution/sewage collection systems shall be the responsibility of the Developer, and shall N be designed and constructed to Collier County and State of Florida r— requirements. On completion of construction, the facilities will be tested O to insure they meet Collier County's minimum requirements, at which time N QO they will be conveyed or transferred to the County, when required by the \ UtiIities Division, pursuant to appropriate County Ordinances and Regulations in effect at the time of conveyance or transfer is requested, prior to being placed into service. 5) Rights- of- way/Easements — All components of the water and sewer systems that may be conveyed to Collier County including treatment plants, shall be constructed within public rights -of -way or on lands owned or controlled by Developer for which Developer can provide utility easements to Collier County. All water and sewer facilities constructed on Private property and not required by the County to be located within utility easements shall be perpetually owned, operated and maintained by the Developer, his assigns or successors. At the time of system conveyance Developer shall provide all required easements. At such time as Collier County discontinues operation of the on -site water or sewer plants, the plant site shall be conveyed back to the developer by applicable statutory deed and site utility easements shall be vacated, except that an easement shall be reserved for any connecting facilities required, pursuant to paragraph 6). 6) Connection to county Water and/or Sewer Facilities — All construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. Upon connection to the Coumy's off -site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim ' water and/or sewage treatment facility and discontinue use of the water supply source, if AM2ffl 161001 V�- CZ -CARD 7000rq"M-XWflI6t0106 yams'SIM U-M-{, AM rati�.za,om- twrnc -x�m 1/10/2012 Item 8.A. -31- applicable, in a manner consistent with State of Florida standards. All work related with this activity shall be performed at no cost to the County. Connection to the County's off -site water and/or sewer facilities will be made by the Developer, their assigns or successors at no cost to the County within 120 days after such facilities become available at the project site. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County Off -site facilities, water and/or sewer lines necessary to make the connection(s). 7) Customers — All customers connecting to the water distribution and sewage collection facilities will be customers of the developer or the interim utility established to serve the project until Collier County makes formal request for dedication of the water and sewer systems. At that time, the customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County. Prior to connection of the project to the County's off-site water and/or sewer facilities, or the County assuming operation and maintenance responsibility for the water and/or sewer systems the Developer, and/or his assigns, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. 8) System Development Charges — During that period of time that the water and sewer utility system is owned, operated and maintained by Developer, Developer may charge a system development charge to each connecting customer in an amount as approved and allowed by the Florida Public Service Commission (PSC). Developer agrees to pay all applicable system development charges or impact fees at the time that building permits are required, pursuant to County ordinances and regulations then in effect. As well, Developer acknowledges that upon connection of the interim facility to the off -site treatment and transmission facilities operated and maintained by the County that all owners of existing properties characterized as new users and subject to the imposition of either a water or sewer impact fee will be required to pay system development charges or impact fees for such new use. On the other hand, buildings, structures, or improvements, either existing or which have been issued a building permit for which construction is proceeding in good faith, shall not be required to pay a Packet Page -170- N N O N O r F. y/7nucs u1001 V-. 021- MARL) cue, �mo+ao.aw. swwc• u+m -32- water or sewer impact fee, whichever the case, if at the time the County formally and of its own volition•resolves to provide the Project with water or sewer related services, the Board of Commissioners, in good faith, expressly declares its intention to operate the water or sewer utility treatment facilities as a part of its regional system, or as a stand alone system without an intention to immediately dismantle and disconnect from the existing on -site treatment facilities. Notwithstanding the provisions of this subparagraph 8 a subsequent ordinance of general application, effective at the time of connection of the interim facility to the off -site treatment and transmission facilities operated and maintained by the County which has contrary or differing provisions relative to the imposition of water and/or sewer system development charges or impact fees, shall be construed as superseding the applicable provisions of this subparagraph 8. 9) Developer shall be allowed up to ten (10) temporary private wells and individual " sewage disposal systems as areas are developed prior to construction or expansion of the central systems. All such temporary facilities shall comply with applicable state and county regulations and shall acquire required permits. ENVIRONMENTAL 1) A site clearing plan shall be submitted to the Environmental Services Department Staff for its review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. 2) Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Environmental Services Department Staff for its review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re- creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. 3) All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Environmental Services Department Staff. 1/10/2012 Item 8.A. -33- 4) If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Environmental Services Department Staff notified. Development will be suspended for a sufficient length of time to enable the Environmental Services Department Staff or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. Environmental Services Department Staff will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. 51 Collier County raw water wells that do not draw water from the surficial aquifer system shall be located according to the vguinV tents of Chapter 611 of th Florida AdmblLstrative Code. Wells that do of draw water fro the surficial aquifer system shall be considered unregulated wells G. EDUCATION 1) The project shall fully mitigate its fiscal impacts by donating a 25 acre Parcel to the Collier County Public School District to be utilized as a school site. 2) Future development of the educational facilities within this PUD Zoning District shall be subject to the two Interiocal Agreements between the Board of County Commissioners of Collier County, Florida and the Collier County School Board to establish educational plant and ancillary plant site development review processes. H. FIRE PROTECTION 1) The developer commits to providing a central water system to all residential and commercial facilities which is capable of providing fire flow capacities as required by Collier County. 2) Building heights shall be limited to twenty -five (25) feet for all habitable structures in accordance with Corkscrew Fire District's equipment capabilities. I. FISCAL ITMao' Ist". Vr Va -aYMO l0ootanxtrot -EW fd -nice The developer has agreed to dedicate a school site to the School Board, and to donate fifty -five (55) acres to the County for public use purposes, including the Collier County Fairgrounds. The Developer has also donated $25,000 to the Corkscrew Fire District for equipment on August 3, 1987. These donations shall mitigate the project's fiscal impacts. Packet Page -172- P-1. N N r O N O r -34- 109.03 DEVELOPMENT pLAN A. The Master Plan, Thomas Lucido & Associates Ref No. 9020, is an illustrative preliminary development plan. 13. The design criteria and layout illustrated in the Master Plan shall be understood as flexible so that the final design may best satisfy the project and comply with all applicable requirements. C. Minor design changes shall be permitted subject to County staff administrative approval. J.W.04 AMENDMENT N4/iW}151gp,y Y2.6Y1M igq,•70/-0DI- EYJNIf -2N56 Amendments of this PUD Document, or of the Master Land Use Plan, shall be accomplished according to the procedures set forth by Collier County for amendments to a planned unit development. 1/10/2012 Item 8.A. • i. . N .t• _ ILL ILL LU un R vv M O t i e v e n W a (A O ����.•1111 q h pp .t� * r �'' • � 1 P .401 MV, AS N r a e Packet Page -174- w R I. M N N r O N O r r STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005 -42 Which was adopted by the Board of County Commissioners on the 26th day of July 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of July, 2005. DWIGHT E. BROCK j1.1-11.' Clerk of Courts and: .6-ie tJ's., Ex- officio to Board.:&'' County Commissioners .-'t By Ann Jennejahn, ! , Deputy Clerk' "' 1/10/2012 Item 8.A. 2118736 OR: 2250 PG: 1827 � �1, �= . ". ?.:. .. .....::n. ? ?�:�:: .. .....?! :.:'fit "� • t. A114 �N1)M �N'1' "1'U- 1'F.�r•�. LAND' 'Kt SST AGREE-911 W WI IFREAS. an Land 'Trust Agreement vtua made and enterred on the 27th day of Junuaq, 11)86, and WI II:RFAS. the solc heneliciaq, of said I.and Trust AgnC:m4nt is t)RAN(iETRIT cam` ASSOC'IA'I'I.S. and WFIE'REAS, the venturers of ORANGE I'RI:I: ASSt)t.'[A'11iS are SYKIN(il ElF.[. OF COLLIER COUNTY. INC'.. and HOLLYWO(H) IiN'I'IiRPRISI.S, INC'.. WIWREAS, DAVID FRIE:DMAN,'1'Rtis wh, has resigned as trustee. NOW THEREFORE., the parties agree us follows: �.JF ':' r l . Pursuant w Article reenic�nt recorded in Official Record tj U. Book 1347, Page 2337 ot'the N cards of Col to l the bcnelic;iaries in interest hereby appoints Rn8l:R7'O () .. ' us successor '1'rubteto se as 'frustgcc unbder the terma ire ;:: and conditions of said Lan 'ru r Mme . co 416- In all other respec the t rut tied and approved. IN W1'E NESS WI Ixec t/ ands and scats this 26th day of J une, 1996. )1►4AN, I'RUS'1'l:t: IN ft()IiE:R'I'U l3t)l.l. "!', SoR TRUS IT 1: Packet Page -176- THE FOREGOING 1A DAVID FRIE:DMAN. has produced STATE OF FLORIDA COUNTY OF BROWARD OR. 2250 PG: 1828 ORANGI= IRIit: ASSOC'INITS, u Florida Joint Ventura RY: SPRINCjEiit.[.OFC'O1.t.11iR L OUNT ' NC. Roberto Bollt, Its President BY: 11011Y and us 'Truster. Its President 0 INC. dkv of June. 1996 br ily known to me or who us identification. Nante:—_ �.. JOAM R IMM W MVOW fb. NM �° tcv�urwunnvunrattwct.+c THE' FOREC➢OING INS- 1'RIJtvtliN'1' ackiiL)wledgtdbetilrc tae this : '. day of June, 096 by ROBER11) BOLL C, Individually and as TrustcV. %% 110. who is personally known to me or who has produced_ .-..___. .. i_ t_ _,;,_ ._ _ as identification. Notary Public-* Printed Nameiz _ W l%I i. 8SAN'Ii tw. 1.25197 Ur r rece ins I•J. •�e 1`f: �h". (t: °. ►aice 'j�t• W Uq ".."a i i iA�P " C E N N N AP, �. STATE 01: FLORIDA COUNTY OF BROWARl� THE FOREGOING 1A DAVID FRIE:DMAN. has produced STATE OF FLORIDA COUNTY OF BROWARD OR. 2250 PG: 1828 ORANGI= IRIit: ASSOC'INITS, u Florida Joint Ventura RY: SPRINCjEiit.[.OFC'O1.t.11iR L OUNT ' NC. Roberto Bollt, Its President BY: 11011Y and us 'Truster. Its President 0 INC. dkv of June. 1996 br ily known to me or who us identification. Nante:—_ �.. JOAM R IMM W MVOW fb. NM �° tcv�urwunnvunrattwct.+c THE' FOREC➢OING INS- 1'RIJtvtliN'1' ackiiL)wledgtdbetilrc tae this : '. day of June, 096 by ROBER11) BOLL C, Individually and as TrustcV. %% 110. who is personally known to me or who has produced_ .-..___. .. i_ t_ _,;,_ ._ _ as identification. Notary Public-* Printed Nameiz _ W l%I i. 8SAN'Ii tw. 1.25197 Ur r rece ins I•J. •�e 1`f: �h". (t: °. ►aice 'j�t• W Uq ".."a i i iA�P " C 1/10/2012 Item 8.A. *** OR: 2254 PG: 1829 * ** STA'ri- OF FLORIDA COUNTY 01' BROWARD 'n-IE FOREGOING INS'I'RUMIiN 'C ackno%vledgedbeli�n me this day o1'June:, fy96 by RU131iRTU I3t)l.l.'I', President ol'SPRIN61111.1. 01 C'Ul.UER COUNTY. INC., a joint venturer at'ORANUETREE ASSOCIATIN, u Florida Joint Vuntur - who is Ixrsunally kut)% %n to me or who has produced _ r__._.__.._ _ _� __. _ �. r_. ------ � - - - -- -- us identification. ' Nutan' Public -- STATE OF FLORIDA COUNTY OF BROWARf) •' �_ tJune, l)�b by da }uTN~ FUR1CU1NU iNS1 tl is ROBERTO 1301.11'. I'resi en �f' 10 1. 0 }) 1 ! IiS, INC'., a joint venturer of URANtw rn AI'SUCI '�. ' �r Wr�� o rsonaily knuaa icti nu ur ��hu has produced � _ as identification. Nata , .. � t.. : ,. ►':;..: X5;'37 Packet Page -178- i a� N N O r r v s xs-z < s : Qgb 3196 1 Ia p 9triv R i wig rt4 e F0 i {{E r@hES � ggygg€lyby 5 � € &.YRS �b �!¢l¢g'# , fg y Es 2 UIR 963jt g fill Irl"51. " pgQi9; atEe iatyfssistQ 'tijjjjl! #'`a N��a�'�$ #s. a g' gb��Y sR�Eag Q�1+58i�.tl9 -� s s$�`eR�p E�p���t�`ga f# bF 4 a �°� bg,�'g ri;Es a ^yEgb*.ei✓yFt 3 a #g8����Y¢����rl. sp ��Y8:8�• #,�sQ�e- � &gll��es-'s '@ it.Q e. #r # *_ s� g�g I ba �p gvSa (� YM�Yi§anYl4�z�6 4 5�aag��L��b Rk' Hit! 0 it, is; 'Nis i It,I II ill I: ft., 1 Im"11.1 � I I . f I 1 j'}�g i 1 � ■■pa I [1 - --- -I - ------- ------- - - - - -- ------ - - -- - -- t -- -- 44 3� • � I i i �• adac � t - R 3i� H I $'Y I gig � en tai: 1 I I lit tl ,`sxpaeax AtE ;S l�yyA�nejg_aTS�, Es i N Ef r I.,.•A7 eg�i aY r if I i -e I. aY I I• —� 7� b --E #• �rsF S 7e13a oil lffl"sfllllffll l6SRllfl lfliltlll lift l nes fii ;;r�mu f$Ii##rfe d W�tbEEEwE lefxtENtP M # l bb Of S e Q" g as iA Q t 3 a� sy 9 �m4 J % R 1rr • "'E yyy E' i �'� 'eY i K tErE.,r oil ' 1 • e# I 1 sit s. I , I 1 1 , t - - - -- e# 111..• -r— f rats _y # —` 2 �y ?E If aT AN ♦ �' --1t I. Fv� # —_— •C``�',� �4//1'�• -•�" 0.Y • i a.i °• 1.� +� 2_� `tea �i° ", 1,�1 fin• tlY # r:;�:'� '��.,Y HF� at 7� � ga:3i� fig: aY 3 � \! L f ! � \ %g xt I �¢ Packet Page -180 1/10/ 2012| m 8.A. I p Is I I! M 1. i. 14 1—, w � } °�, � d ) � || x f� ) |� |! ` �[ 31 |j f . /) ] , t / .- , Packet Page -180 1/10/ 2012| m 8.A. I p Is I I! M 1. i. 14 1—, w � � � N_ 0 N O � ! �! -Jll \ \�� . \ r � / •�f \� � � . / . / AIR �x� } @ ° N §� , .� z � \ . /\ � \ •.s � |. °. / k ( � � #| d k � �! 9 k From-Davidson &&nearing Cw.uNK GoEtmy 60VORNMEwr ADDRESSING DEPARTMENT ll-Mnt -C NET' 299 434 8094 �to r f�it�llactf��► Pleass COmPlete Me irol wit and fbx to the Addressing AddresofQ Dopertmer4 at ou above addmae. r 1/10/2012 Item 8.A. 11/18/2= 09:34 9478 13.01)1/002 2200 NORTH HORSESHOE DRItIE NAPLES, FLORIDA 34704 (230) 962.2408 PAX (239) L524 84 at 2WQ524M or aubmit in porm to the toot ail bms Witt aPP1Y 'b OMY PMJNL Its= In bold type are required. POLIO NUYSERS MU8T BE PROVIDED. Forms odder than 8 rwndu will require additlpneQ wAsw and eppm vat by the Addresatrp PETTI M TYPE (fi'ldkata OF# belgw, corryl e a asm" Ad&vmft CfrocldW for esah Pa Wm type) M t s fng permit) ED (Boat Dade Extandon) SDP (Aft Davraloprnent Plan) SDPA (SDP Amendment) Oarni"voku" Permit OU (Condlgotdf Use) SDP) N uftiantlol Chw" to SDP) Sip (Sibs lmpr ovamwd Plan) EXP' (Ekaarreitlon tsermit) FP (#�Inat Plot SIR nsubebtntlel Chenye to SIP) ❑ LEA (Lot Una Adjuatrnant) Natnb Chi SW Name Change - Unplatted) =rood =g) 1VA(� oo afi r3eve�pmaent Rtghts) PPL PSP (Ptelkninery Subdivision Pint) V!`0' (voostatlon Removal Pan14) RZ { w Rte) C)THER efatbn Remcvsd & Sibs I;Ui Permit) LEGAL DESORPTION ar �ropar[�Or ProPWft (OW offorMOydesa(pfW maybe effed Md) a ,bRf'13VIfA I J48 A'LNDy- Jaoor: 27 POLIO! (Propsrfi ID) l URWER S) Ofabo" (effach to, or asao*fa wth, lagN dswrUbo Amara ffien onq 0-021 044OW7 (4700 S50 2 t3 WREET ADDRESS or ADDRESSES (es applkable, 9alraaddy aeral rf4 • LOCATION MAP must be attachad sheering wed looetion of MajaoV olo in NWon #o nearaat public road right= ot: -ray SURVEY (oapy - needed ontyfor unplatted properties) PROPOSED PRO.IECT NAME OfopplkaW PUD-AN=M9NT PRDPOSM STREET NAMES (rfsA ttaable) SITE DEVELOPMENT PLAN NUMBER (fx oxfaf M prajedmMft only) SDP,__,,,_ ".,r_._. orAR #= Packet Page -182- Frackvfdam Eng imm ing 2M 484 6094 11/13/= Ws6 L 1r cw"y #4+78 P. WV= COLLIER CCUMY eoviR mENT 2800 NORM HORSESHOE DWA ADRRESDINS D&ARt'=mr NAMES. FLORIDA wo WD) 2BI-2406 PAX MO) 2SN6724 F m)W dr developmet t namm fnr, or alresdy ApMrinu In. bondonllydum donuments (IF applicaun; lydloate Meaw ppropased a' odst of g) Q E Please Cho* Orm ® 01180W Id Is to be Faxed bank ❑ Pffamlly Plaked UP N N AP'PLIQAl INAW:,) 1 -A RAMOS, QWD60WENQlNggM. INC PHONE 08Q pAx g N C) alonaiMm on Addregaing Cheeidlet does not Cara to PMfw and/or Strast Name approval and Is suhjeotto further review by the Addressing 0eparttt7 nt FOR STAFF USE ONLY FLU Number(PrbmBr4 GC? C t t..}. 0 C> O'l pan* Number C► O 7. 1 Q 041 L O a Faito Number "T 0 c5 Faito Hcrmber G+ O '� t� � � Cv Cs C3 t'� (o Apprdvad by: A, . M Date: "' 60 r (� Updo"d by ■ iDpty: IF OLDER THAN 6 MONTHS, FORM MUST BE UP13ATED OR NEW FORM SUBMITTED I n DE DAVIDSON ENG1NEER.ING 1/10/2012 Item 8.A. CIVIL ENGINI: -. RING o PLANNING ® ENVIRONMENTAL • LAND DFVFLOPME,NT.SFRVICES ENVIRONMENTAL IMAPCT STATEMENT (EIS) ORANGETREE PUDA PORTIONS OF SECTIONS 13, 14, 22, 23, & 24 TOWNSHIP 48 SOUTH, RANGE 27 EAST APPROXIMATELY 2,138.76 ACRES Presented to: COLLIER COUNTY ENVIRONMENTAL SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Dated: December 18, 2009 Revised: March 24, 2010 Revised: June 10, 2010 Revised: November 17, 2010 3530 Kraft Road, Suite 301 -• Naples, Florida 34109 -• Phone: 239.434,6060 - Fax: 239.434,6084 www.davidsonengineering.coni Packet Page -184- w� a) N 0 N O 00111HE NJ DAVIDSON LIST OF FIGURES Figure 1- Site Location Map Page 3 Figure 2 - 2009 Aerial w/ FLUCCS Mapping Page 5 Figure 3 - FLUCCS Mapping Page 6 Figure 4 - Topographic Mapping Page 7 Figure 5 - NRCS Soils Mapping Page 10 Figure 6 - Jurisdictional Wetlands Page 16 Figure 7 - Proposed Preserve Areas Page 26 Figures 8 to 15 - Collier County Zoning Maps Page 28 Figure 16- Wetlands Impacted \Preserved Page 39 Figure 17 - Wood Stork Information Page 45 Figure 18 - Florida Panther Information Page 46 Figure 19 - Black Bear Information Page 47 APPENDIX OF EXHIBITS Resume Exhibit 1 FLUCCS Mapping Exhibit 2 Master Concept Plan Exhibit 3 SFWMD Staff Report (Application No.941104 -12) Exhibit 4 Preserve Management Plan Exhibit 5 Protected Species Survey Exhibit 6 Historical /Archaeological Probability Correspondence Exhibit 7 Orans etree PUDA: Environmental Impact Statement www.davidsonenorineeritlh.com 1/10/2012 Item 8.A. Lo DAVIDSON .�r, ENVIRONMENTAL IMPACT STATEMENT 10.02.02 Submittal Requirements For All Applications a. Applicant information. I. Responsible person who wrote the EIS and his /her education and job related environmental experience. The author of this Environmental Impact Statement is: Jeremy Sterk, B.S., Biology Director of Environmental Services Davidson Engineering, Inc. 3530 Kraft Road, Suite 301 Naples, Florida 34105 Phone: 239 - 434 -6060 Email: jeremy@davidsonengineering.com Jeremy Sterk has been an environmental consultant in Southwest Florida since 1994. A resume for Mr. Sterk is included as Exhibit 1. ii. Owners) /agent(s) name, address, phone number & e -mail address. Owner: ORANGETREE ASSOCIATES 4500 EXECUTIVE DRIVE, SUITE 110 NAPLES, FLORIDA 34119 sglale @aol.com (Steve Lowitz) rbollt @orangetreeassociates.com (Roberto Bollt) Agent: Robert J. Mulhere, FA1CP Mulhere & Associates, LLC. PO Box 1367 Marco Island, Florida 34106 Email: rjmulhere @gmail.com Orangetree PUDA: Environmental Impact Statement z Packet Page -186- www.davicisonengineering.com ill l'igetrep PLJD 1: Envii-oni- °tentril finpodi (;1r11'ement 3 LV1WV�(jk `lCf @3iLl'lfTlliC�YLI] .CL)121 .«.azw. ._ � .. ..tlNtY.s4w mtke+a »,.-+ ate . .... .. ...... ...�... ... -r,.. NW+ �•awsAY_M#.sw- VA�'i'a�'Nr.;T.# w« :..t::..m .,.. 1/10/2012 Item 8.A. DC DAVIDSON AOW THE IMMEDIATE AREA AROUND THE ORANGETREE PUDA SITE:' °R NORTH: Drainage Canal \ Golden Gate Estates WEST: Immokalee Road \ Golden Gate Estates SOUTH: Randall Boulevard \ Golden Gate Estates EAST: Citrus Groves \ Drainage Canal ii. Native habitats and their boundaries identified on an aerial photograph of the site extending at least 200 feet outside the parcel boundary. This does not mean the applicant is required to go on to adjoining properties. Habitat identification consistent with the Florida Department of Transportation Florida Land Use Cover and Forms Classification System (FLUCCS) shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the County. Other scale aerials may be used where appropriate for the size of the project, provided the photograph and overlays are legible at the scale provided. A legend for each of the FLUCCS categories found on -site shall be included on the aerial. Native communities were mapped according to the Florida Department of Transportation Florida Land Use Cover and Forms Classification System (FLUCCS) and their boundaries are depicted below in (Figure 2) & (Figure 3). Figure 2: FLUCCS overlain on 2009 aerial at a scale of 1" =2000' Figure 3: FLUCCS mapping at a scale of 1" =2000' Included as Exhibit 2 (found in the Appendix of Exhibits) is the FLUCCS mapping overlain on a 2009 aerial at a scale of 1" =600' (24 "06 ") All three maps detail FLUCCS mapping within 200 feet of the property boundary. This additional mapping outside the boundary of the project was done through aerial interpretation. Oran;etree PUMA: Environmental Impact Statement Packet Page -188- www.daviclsoiieiigiticei-itig.com P% 4 C) Q 0 DIE DAVIDSON Figure 2. 2009 Aerial with FLUCCS Mapping Ormigutree Pi. DA: Ejrvirommnital knpi ,ict 51 1/10/2012 Item 8.A. rw C2- urr r31u,1-,1 I 1W Figure 3. FLUCCS Mapping iiL Topographic reap a Ild existing drajn�ige patu rns if-applicable- Where possible, elevations within each I o F1AjrCS cateoor*vs ,hall be provide Site elevations vary from approximately 13 feet NGVD at to 19 feet NGVD. Currently drainage appears to be to the south and southwest. See (Figure 4). AOW OringeLrec PLJDA: L',11-virorti-rielital hvlpact SLabenlerll t, ww"VAI Vi cLio llungj i 1 well llg.co m Packet Page -190- N 0 V 2.000 FEAT N 4114�; Ns M1 L1 as Figure 3. FLUCCS Mapping iiL Topographic reap a Ild existing drajn�ige patu rns if-applicable- Where possible, elevations within each I o F1AjrCS cateoor*vs ,hall be provide Site elevations vary from approximately 13 feet NGVD at to 19 feet NGVD. Currently drainage appears to be to the south and southwest. See (Figure 4). AOW OringeLrec PLJDA: L',11-virorti-rielital hvlpact SLabenlerll t, ww"VAI Vi cLio llungj i 1 well llg.co m Packet Page -190- Q) C\I O O Figure 4. Topographic Mapping -J iv, Soils trap at scale consistent With that Lised for the Florida Department of Transportation Florida Land Use Cover and Forms Classification System determini dons. Soils lines have been digitized from the Natural Resources Conservation Service (NRCS) map of Collier County. A map detailing the soil types found on the subject property is shown below in (Figure 5). Or1 uigctree PUDA: Envirwnirwraal in It mternent 1/10/2012 Item 8.A. DIE DAVIDSON .AI�l1► The Natural Resource Conservation Service (NRCS) maps a variety of soils types on the property: NRCS 03, Malabar fine sand, limestone substratum (listed as hydric) NRCS 07, Immokalee fine sand (listed as non - hydric) NRCS 10, Oldsmar fine sand, limestone substratum (listed as non - hydric) NRCS 14, Pineda fine sand, limestone substratum (listed as hydric) NRCS 16, Oldsmar fine sand (listed as non - hydric) NRCS 20, Ft. Drum and Malabar, high fine sand (listed as non - hydric) NRCS 21, Boca fine sand (listed as non - hydric) NRCS 25, Boca, Riviera, limestone substratum, & Copeland fine sands, depressional (listed as hydric) NRCS 27, Holopaw fine sand (listed as non - hydric) NRCS 33, Urban Land- Ho lopaw- Basinger Complex (listed as non - hydric) Specific details for each soil type are below: NRCS 03 -- Malabar Fine Sand: This nearly level, poorly draining soil is typical in sloughs. The permeability is slow to very slow. Natural vegetation may include slash pine, cypress, cabbage palm, saw palmetto and wax myrtle. NRCS 07-- Immokalee Fine Sand: The nearly level, poorly draining soil is typical in flatwoods. The permeability is moderate. Typical natural vegetation might include slash pine, slaw palmetto, wax myrtle, and chalky bluestem. NRCS 10 -- Oldsmar Fine Sand, Limestone Substratum: This nearly level, poorly draining soil is typical of slough and poorly defined drainageways. The permeability is slow. Natural vegetation may include slash pine, cabbage palm and saw palmetto. NRCS 14 -- Pineda Fine Sand, Limestone Substratum: This nearly level, poorly draining soil is typical of flatwoods. The permeability is slow. Natural vegetation may include slash pine, wax myrtle and chalky bluestem. NRCS 16 -- Oldsmar Fine Sand: This nearly level, poorly draining soil is typical of flatwoods. The permeability is slow to very slow. Natural vegetation may include slash pine, saw palmetto, cabbage palm and chalky bluestem. NRCS 20 - Ft. Drum and Malabar High Fine Sand: This nearly level, poorly draining soil is typical of ridges near sloughs. The permeability is rapid for Ft. Drum and slow to very slow for Malabar. Natural vegetation may include slash pine, saw palmetto, live oak, cabbage palm and chalky bluestem. Orangetree PUDA: Environmental Impact Statement 8 wvvVV.davidsonencincering.com Packet Page -192- maw %M DAVI[750N NRCS 2 1 -- Boca Fine Sand: This nearly level, poorly draining soil is typical of flatwoods. The permeability is moderate. Natural vegetation may include slash pine, saw palmetto, cabbage palm and chalky bluestem. NRCS 25 - Boca Riviera Limestone Substratum and Copeland Fine Sand Depressional: This level, poorly draining soil is typical of swamps and marshes. The permeability of Boca is moderate, Riviera is moderately rapid to moderately slow, Q and Copeland is moderately slow. Natural vegetation may include cypress, willow, 06 fireflag, pickerelweed and sawgrass. E m 4" c\I NRCS 27 -- Holonaw Fine Sand: This nearly level, poorly draining soil is typical in T- 0 sloughs. The permeability is slow to very slow. Natural vegetation may include oslash pine, cypress, cabbage palm, saw palmetto and wax myrtle. T r NRCS 33 - Urban Land- Holopaw- Basinger Complex: This soil type is in urban areas or developed lands. Orangetree PUDA: Environmental Impact Statement 9 www,davidsonengineerizag.com 1/10/2012 Item 8.A. DE RAVID50N i�t... x�F- t ., Figure 5. NRCS Soils Mapping v. Proposed di "ainaga plan indicating; basic flow patterns, mitfaIt and off-site di-ain cTe. See proposed Master Concept Plan included as Exhibit 3 (found in the Appendix of Exhibits). Specifics of drainage and the water management system will be developed during the SDP process. As can be seen from the plan, the site will utilize a combination of detention areas and ponds for water management. A large portion of the proposed preserve in the southeast portion of the property is underlain by hydric soils. At the time of SDP the applicant will meet all LDC criteria regarding water management within preserves. anc, existing and proposed transportation network in the in pact rea, iri: Xtl'11 "itt7lTi(' ? ?tli 1171j)aCt SIIx U'llICIl t1'C1rV1'.d gib 'idsoll- '!IgIti{ CIIilli,COII1 Packet Page -194- DAVIDSON i See proposed Master Concept Plan included as Exhibit 3 (found in the Appendix of Exhibits). Public Facilities: Public facilities are already in place for the Orangetree PUD and provided by Orangetree Utilities. Traffic Network: Immokalee Road is located immediately west of the Orangetree PUD and will be the major corridor to which the property connects. Connections are made by way of Randall Boulevard and Oil Well Road; both are existing. The a applicant is not proposing any additional transportation network changes other 06 than internal roads within the site. Collier County is proposing to widen Randall E Boulevard along the southern property line. The applicant has offset the proposed a? preserve to allow for right -of -way reservation. See proposed Master Concept Plan is N attached as Exhibit 3 for confirmation. The proposed widening will impact the C) westernmost preserve along the south property line. This preserve has already N been platted so there is no way for additional County right -of -way to avoid it Even though the County is necessitating the preserve impact, the applicant will make up the lost preserve within the acreage of the larger preserve to the east in order to maintain 68.6 acres of preserve within the PUD. vii. Site plan showing preserves on -site, and how they align with preserves on adjoining and neighboring properties. Include on the plan locations of proposed and existing development, roads, and areas for stormwater retention, as shown on approved master plans for these sites, as well as public owned conservation lands, conservation acquisition areas, major flow -ways and potential wildlife corridors. The proposed Master Concept Plan is attached as Exhibit 3 (found in the Appendix of Exhibits). The Orangetree PUD is mostly surrounded by Estates zoned parcels that are either undeveloped, contain single- family homes or are being utilized as agricultural lands. The current approvals for the Orangetree PUD allow for scattered preservation areas throughout the PUD. This PUD amendment proposes to significantly consolidate these preserves into larger more contiguous areas. The property is not adjacent to any public owned conservation lands, conservation acquisition areas, major flow -ways or potential wildlife corridors. vial. For properties in the RLSA or RFMU districts, a site plan showing the location of the site, and land use designations and overlays as identified in the Growth Management Plan. Not Applicable. The Orangetree PUD is not located in the RLSA or the RFMU. c. Project description and GMP consistency determination. i. Provide an overall description of the project with respect to environmental and water management issues. Ot- angetree PUDA: Environmental ImpacLSLItement 11 ���� � wwLv.clavidsoiieilglileei ' iiig.corii 1/10/2012 Item 8.A. DE DAVIDSQN CURRENT PROJECT DESCRIPTION This Planned Unit Development Amendment (PUDA) rezone petition proposes to amend the existing zoning of the Orangetree PUD from PUD - Planned Unit Development to MPUD - Mixed -Use Planned Unit Development. If this rezone petition is approved, the Property will retain its current PUD zoning with a slight modification to the approved uses and units. The proposed rezone will restrict the uses permitted on the Property to Highway - Oriented and Convenient Commercial and a variety of residential uses consistent with the Growth Management Plan. The intended uses are compatible with the surrounding properties through restriction of development standards and buffering. All proposed development will be buffered and screened from surrounding land uses via landscaping as required by the Collier County Land Development Code (LDC) and shall conform to the dimensional standards in the MPUD development standards table. The rezone will ultimately accommodate the expansion of commercial uses by 172,000 square feet of retail and 100,000 square feet of office (272,000 square feet of commercial total) and the provision of an additional 1,250 residential units (both single and multi- family) in the Orangetree MPUD. ENVIRONMENTAL ISSUES: Due to the high degree of development that has already occurred within the PUD, environmental issues on the Orangetree PUDA property are limited. The potential issues are discussed below: BIG CYPRESS FOX SQUIRREL (Sciurus niaer avicennia) The parcel does contain habitat which might support fox squirrels. WOOD STORK (Mvcteria americana): The parcel falls within the core foraging area (estimated at 18.6 miles) of 2 wood stork colonies in Collier County, but foraging is probably limited to the manmade lakes already located throughout the property. FLORIDA PANTHER (Fells concolor corgi - The parcel is mapped as secondary panther habitat by the USFWS. See (Figure 18) below for Florida panther information as it relates to the Orangetree property. The Orangetree property is nearly fully developed and the level of human activity probably precludes use of the property by panthers. LISTED PLANT SPECIES: Several Wild Pine (Tillandsia spp.) and Butterfly Orchids were observed. WETLANDS: There were previously 27.44 acres of SFWMD \ Collier County wetlands on the property. See attached SFWMD Staff Review Summary (Application No.941104 -12, Valencia at Orangetree, Dated: May 26, 1996) included as Exhibit 4. Page 6 of this document details the 16 wetlands identified on the property. This permit authorized impact to a canal (FLUCCS 500) and 3.44 acres of wetland impact, of which 1.22 acres required mitigation Orangetree PUDA: Cnvironmental Impact SLatement ^ � 12~ � www.davidsonenginecr ing.com Packet Page -196- RA IDSON (seven of the wetlands were isolated and less than 0.5 acres in size). In the time since the permit was issued, two of the wetlands authorized for impact ( #14 & #16) have been partially impacted, while all of the other wetlands remain. A portion of the canal authorized for impact has been filled. Therefore, the existing wetlands on the property total 26.21 acres. The applicant will be preserving all the wetlands that were required by the approved SFWMD permit. NATIVE VEGETATION: Native vegetation requirements for the Orangetree PUD were determined during previous Q approvals (PSP -AR -3443) and have been codified during multiple Preliminary Subdivision 06 Plats (PSPA -AR- 9095). Previous approvals denoted 259.4 acres. of native vegetation E present on the property. Therefore, the native vegetation required to be preserved for the a? Orangetree PUD totals 64.85 acres. (259.4 x 25% = 64.85 acres) N Portions of the 64.85 acres have already been set aside during the previously approved N Plats. The remaining preserve will be set aside in the southeast corner of the property o where the highest quality native vegetation within the PUD remains. The master concept plan delineates 68.6 acres of indigenous preserve or 3.75 acres more than the minimum required. WATER MANAGEMENT ISSUESNDESCRIPTION: The following is a description of the proposed water management system: The Orangetree PUD Amendment project is located in Sections 13, 14, 23 & 24, Township 48 South, Range 27 East, Collier County, Florida within FEMA zone V. No water management storage or conveyance system is currently on -site within the undeveloped areas that are the subject of the PUD Amendment. The proposed surface water management system will be designed to utilize a series of catch basins, ditch inlets, and stormwater pipes to convey the storm water runoff to a series of interconnected lakes per the Conceptual ERP No. 11- 00418 -S approved by the SFWMD in 1988. The system will be designed using the parameters set forth in the approved permit and any changes will be covered in an application for a modification to the approved permit per SFWMD and Collier County requirements. The stormwater management system will be owned, operated and maintained by the property owner association. ii. Explain how the project is consistent with each of the Objectives and Policies in the Conservation and Coastal Management Element of the Growth Management Plan, where applicable. Policy 2.2.2 [n order to limit specific and cumulative impacts of stormwater run -off, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity and quality of fresh water to the estuarine system. Non - structural methods such as discharge and storage in wetlands are encouraged. Orangetree PUDA: Environmental Impact Statement 13 www.davidsonengineering,com 1/10/2012 Item 8.A. DIE QgYIDSON The stormwater management system for the Orangetree PUD will be designed according to SFWMD rules and criteria. Several ERP's have been issued for various portions of the PUD. It is anticipated multiple modification to these permits will be required for future development activities. Issuance of the ERP's by the SFWMD or approval of the water management system by Collier County will deem the project in compliance with this policy. Policy 2.2.3 Chemical spraying for aquatic weed control should be conducted with extreme caution. The use of appropriate biological and mechanical (use of harvesting equipment to remove vegetation) controls in both the canal system and stormwater detention ponds is encouraged. Manufacturer's guidelines for chemical use in aquatic habitatwill be followed. Any aquatic areas created in conjunction with this project will be subject to and will adhere to this policy. GOAL 6: THE COUNTY SHALL IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE ITS NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. OBJECTIVE 6.1 The County shall protect native vegetative communities through the application of minimum preservation requirements. The following policies provide criteria to make this objective measurable. These policies shall apply to all of Collier County except for the Eastern Lands Study Area, for which policies are required to be adopted by November 1, 2002. Policy 6.1.1 For the County's Urban Designated Area, Estates Designated Area, Conservation Designated Area, and Agricultural /Rural Mixed Use District, Rural - Industrial District and Rural - Settlement Area District as designated on the FLUM, native vegetation shall be preserved on -site through the application of the following preservation and vegetation retention standards and criteria... Native vegetation requirements for the Orangetree PUD were determined during previous approvals (PSP -AR- 3443) and have been codified during multiple Preliminary Subdivision Plats (PSPA -AR- 9095). Previous approvals denoted 259.4 acres of native vegetation present on the property. Therefore, the native vegetation required to be preserved for the Orangetree PUD totals 64.85 acres. (259.4 x 25% = 64.85 acres) Portions of the 64.85 acres have already been set aside during the previously approved Plats. The remaining preserve will be set aside in the southeast corner of the property where the highest quality native vegetation within the PUD remains. The preserves provide a variety of habitats, including FLUCCS 321, FLUCCS 411, FLUCCS 621, and FLUCCS 624. The preserves are representative of the habitats on the property. The master concept plan delineates 68.6 acres of indigenous preserve or 3.75 acres more than the minimum required. Policy 6.1.4: Prohibited invasive exotic vegetation shall be removed from all new developments. Orangetree PUDA:�I tivironmental Impact Statement 14 www.davidsotietigitieet-itig.com Packet Page -198- DAVIDSON (1) Applicants for development permits shall submit and implement plans for invasive exotic plan removal and long -term control. (2) Maintenance plans shall describe specific techniques to prevent re- invasion by prohibited exotic vegetation of the site in perpetuity. (3) The County shall maintain a list of prohibited invasive exotic vegetation in the Land Development Code and update it as necessary. The Orangetree PUD property does contain exotic and nuisance vegetation. Ear leaf acacia and Brazilian pepper are the species with the greatest presence. Exotic densities vary from Q 0 to approximately 50% in some communities. All exotics will be removed from the site O according to the attached Preserve Management Plan (PMP), Exhibit 5 (found in the E Appendix of Exhibits). The site will be maintained free of exotic and nuisance vegetation in perpetuity. a O Policy 6.1.7: Q O The County shall require native vegetation to be incorporated into landscape designs in order to promote the preservation of native plant communities and to encourage water conservation. The Orangetree PUD will utilize native species for landscaping wherever possible, including perimeter buffers. Policy 6.1.8: An Environmental Impact Statement (EIS) is required, to provide a method to objectively evaluate the impact of a proposed development, site alteration, or project upon the resources and environmental quality of the project area and community and to insure that planning and zoning decisions are made with a complete understand of the impact of such decisions upon the environment, to encourage projects and developments that will protect, conserve and enhance, but not degrade, the environmental quality and resources of the particular project or development site, the general area and the greater community. Please refer to this document OBJECTIVE 6.2: The County shall protect and conserve wetlands and the natural functions of wetlands. The following policies provide criteria to make this objective measurable. These policies shall apply to all of Collier County except for the Eastern Lands Study Area, for which policies are required to be adopted by November 1, 2002. Policy 6.2.1: As required by Florida Administrative Code 9J5- 5.006(1)(b), wetlands identified by the 1994 -95 SFWMD land use and land cover inventory are mapped on the Future Land Use Map series. These areas shall be verified by a jurisdictional field delineation, subject to policy 6.2,2 of this element at the time of project permitting to determine the exact location of wetland boundaries. The wetlands on the property are shown on the Wetland ID map below (Figure 6). There were previously 27.44 acres of SFWMD \ Collier County wetlands on the property. See attached SFWMD Staff Review Summary (Application No.941104 -12, Valencia at Orangetree, Dated: May 26, 1996) Included as Exhibit 4. Page 6 of this document details the 16 wetlands identified on the property. This permit authorized impact to a canal (FLUCCS 500) and 3.44 acres of wetland impact, of which 1.22 acres required mitigation Orangetree PUDA : Environmental Impact Statement 15 tivw�,v.davidsonengineerinn,com 1/10/2012 |fp0M 8.A. BE oftbevv�taoUovvereis�lo�m�uu�l�motbaoO'�acre�ioytoel. In ` . permit was issued, two of the wetlands authorized for impact have been partially impacted, while all of the other wetlands remain. A portion of the canal authorized for impact has been filled. Therefore, the existing wetlands wo the property total 26.31acres. Mitigation Figure 6. jurisdictional Wetlands. Wetlands shall be defiried uursua!11, tj) Secti()II 373.() 10 Rod& Statutes, Thu location of jurisdictional vncVand6ouodadcs are fu��c�6cscri6�Uhy�hcdcUnrac�onm�rkndo|ugy|o8�cdon37���Z1Qvrdm >tatutcs. Oon-'euc:pJDA: E.ovimomco,a\ Impact Jtdvrmcn, vidsunenoinvrrio4�' Com Packet Page -200- mpsk'6 Ad= DAVIDSON Wetlands on the property were established in 1996 by the SFWMD during ERP permitting. (Figure 6) above illustrates the locations of the onsite wetlands. The remaining 3.91 acres of canal is shown in blue. Policy 6.2.3: Collier County shall implement a comprehensive process to ensure wetlands and the natural functions of wetlands are protected and conserved ...... Where permits issued by such state or federal agencies allow for impacts to wetlands within the Urban and Estates designated areas and require mitigation for such impacts, this shall be deemed to preserve and protect wetlands and their functions... The wetlands on the property are shown on the Wetland ID map (Figure 6). There were Q previously 27.44 acres of SFWMD \ Collier County wetlands on the property. See attached °6 SFWMD Staff Review Summary (Application No.941104 -12, Valencia at Orangetree, Dated: E May 26, 1996) Included as Exhibit 4. Page 6 of this document details the 16. wetlands a) identified on the property. This permit authorized impact to a canal (FLUCCS 500) and N 3.44 acres of wetland impact, of which 1.22 acres required mitigation (seven of the C) wetlands were isolated and less than 0.5 acres in size). In the time since the permit was N issued, two of the wetlands authorized for impact have been partially impacted, while all of CD the other wetlands remain. The required mitigation for those impacts has been completed. Under the proposed preserve configuration for the PUD, all the wetlands required to be preserved by the SFWMD have been incorporated into the Collier County preserve. Policy 6.2.4: Within the Urban Designated area, the County shall rely on the wetland jurisdictional determinations and requirements issued by the applicable jurisdictional agency... Wetlands on the property were established in 1996 by the SFWMD during ERP permitting. (Figure 6) above illustrates the locations of the onsite wetlands. Policy 6.2.6: Within the Urban Designation and Rural Fringe Mixed Use District [required] wetland preservation, buffer areas, and mitigation areas shall be dedicated as conservation and common areas in the form of conservation easements and shall be identified and platted as separate tracts; and, in the case of a Planned Unit Development (PUD), these areas shall also be depicted on the PUD Master Plan... The proposed preserves will be placed under a conservation easement at time of SDP or PSP approval. All preserves, buffers, and common areas within the Orangetree PUD Site will be maintained according to the included Preserve Management Plan (PMP). It is included as Exhibit (found in the Appendix of Exhibits). GOAL 7: THE COUNTY SHALL PROTECT AND CONSERVE ITS FISHERIES AND WILDLIFE. OBJECTIVE 7.1 The County shall direct incompatible land uses away from listed animal species and their habitats. These policies shall apply to all of Collier County except for the Eastern Lands Study Area, for which policies are required to be adopted by November 1, 2002. Policy 7.1.1 Orangetree PUDA: Environment;:il Impact Statement 17 www .davidsflneiigineei'ing,.coi11 1/10/2012 Item 8.A. DE D, IDSON Incompatible land uses are directed away from listed species and their habitats by the following mechanisms: (1) Conservation Designation on the Future Land Use Map The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental, recreational and economic benefits. These areas have been demonstrated to have high wildlife value. The allowed land uses specified in the FLUE's Conservation Designation will accommodate limited residential development and future non - residential development. These limitations help direct many incompatible land uses away from listed species and their habitats contained in this Future Land Use Designation. (Reference FLUE. Future Land Use Designation, Description Section.) (2) Big Cypress Area of Critical State Concern Overlay (ACSC) The land development regulations contained in the ACSC Overlay district provide standards that facilitate the goal of directing incompatible land uses away from listed species and their habitats. (Reference FLUE: Future Land Use Designation, Description Section.) (3) Natural Resource Protection Areas (NRPAs) The purpose of Natural Resource Protection Areas (NRPAs) is to support State and Federal agencies' efforts to protect endangered or potentially endangered species and their habitats (Reference CCME: Objective 1.3). These areas describe large, intact and relatively unfragmented habitats important for many listed species. Allowable land uses, vegetation preservation standards, development standards, and listed species protection criteria within NRPAs are specified in the FLUE. (Reference the FLUE for the specific requirements) The NRPA Overlay is intended to direct incompatible land uses away from listed species and their habitats. AW (4) Sending Lands (Transfer of Development Rights) Sending Lands are those lands that have a high degree of environmental value and sensitivity and generally include wetlands, uplands, and habitat for listed species. Due to their high environmental value, Sending Lands are targeted for preservation and conservation either through acquisition or through incentives for private property owners. Privately owned lands within the Rural Fringe Mixed Use District that have a Natural Resource Protection Area (NRPA) Overlay are considered to be Sending Lands. Allowable land uses within Sending Lands are specified in the FLUE: Future Land Use Designation, Description Section, B. Rural Fringe Mixed Use District These limitations help direct many incompatible land uses away from listed species and their habitats. (5) Habitat Stewardship Areas (HSAs) Listed animal and plant species and their habitats shall also be protected through the establishment of Habitat Stewardship Areas (HSAs) within the RLSA Overlay. HSAs are privately owned agricultural areas, which include areas with natural characteristics that make them suitable habitat for listed species and areas without these characteristics. These latter areas are included because they are located contiguous to habitat and help form a continuum of landscape that can augment habitat values. The Overlay provides an Incentive to permanently protect HSAs by the creation and transfer of Credits resulting in the elimination of incompatible uses and the establishment of protection measures. (6) All other policies supporting Objective 7.1 of this element. Orangetree PUDA: Environmental impact Statement 18 www.davidsonengineeriii,;.com Packet Page -202- i �.� ON i N N O N O DOE AVIDSON Not Applicable. The site will have no negative effect on Conservation Areas, ASCS's, NRPAs, Sending Lands, or HSAs. Policy 7.1.2: Within areas of Collier County, excluding the lands contained in the RLSA Overlay, non- agricultural development, excluding individual single family residences, shall be directed away from listed species and their habitats by complying with the following guidelines and standards: (1) A wildlife survey shall be required for all parcels when listed species are known to inhabit biological communities similar to those existing on site or where listed species are directly observed on the site. The survey shall be conducted in accordance with the requirements of the Florida Fish and Wildlife Conservation Commission ( FFWCC) and U.S. Fish and Wildlife Service (USFWS) guidelines. The County shall notify the FFWCC and USFWS of the existence of any listed species that may be discovered. (2) Wildlife habitat management plans for listed species shall be submitted for County approval. A plan shall be required for all projects where the wildlife survey indicated listed species are utilizing the site, or the site contains potential habitat for listed species. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. (3) The County shall, consistent with applicable GMP policies, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the US Fish and Wildlife Service in issuing development orders on property containing listed species. It is recognized that these agency recommendations, on a case by case basis, may change the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plan. See below for discussions of each guideline \standard: (1) Wildlife Survey: The most recent wildlife survey for the Orangetree PUDA is included as attachment to this EIS. The protected species survey is included as Exhibit 6 (found in the Appendix of Exhibits). See listed species section 10.02.02.g.iii on page 43 for summary of listed species discussions. (2) Wildlife Management Plans: No listed species requiring management were observed during the protected species survey. As discussed in 10.02.02.4g.iv below, the applicant is willing to relocate Tillandsia and butterfly orchids. (3) Technical Assistance from FWC and USFWS: The property has been permitted and platted a number of times over the years. The SFWMD sought technical assistance from the FWC during ERP permitting. No issues were Orangetree .PilDA: Environmental Impact Statement 19 wk ., %,w.davidsoneii;ineea•ing.com 1/10/2012 Item 8.A. DIE DAVIDSON raised. If necessary, the applicant will seek technical assistance from the USFWS & FWC during future ERP modifications. Policy 7.1.4: All development shall comply with applicable federal and state permitting requirements regarding listed species protection. The applicant will comply with all guidelines and permitting requirements as necessary to ensure listed species protection. If necessary, the applicant will seek technical assistance from the USFWS & FWC during future ERP modifications. d. Native vegetation preservation. Identify the acreage and community type of all upland and wetland habitats found on the project site, according to the Florida Land Use Cover and Forms Classification System ( FLUCCS). Provide a description of each of the FLUCCS categories identified on -site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). The following FLUCCS communities are present on the subject property. See FLUCCS mapping in (Figure 2) for specific locations. Name: Single Family Residential (Medium Density) Co e: FLUCCS 121 Acreage: 547.98 Acres Description: This portion of the property contains existing single family homes that were constructed as part of previous approvals. Name: Commercial Services Code: FLUCCS 140 Acreage: 13.03 Acres Description: An existing convenience store and commercial property are located along Immokalee Road. Name: Educational Facilities Code: FLUCCS 171 Acreage: 160.78 Acres Description: These portions of the PUD contain existing school properties, including Palmetto Ridge High School, Corkscrew Middle School, and Corkscrew Elementary School. Name: Governmental Code: FLUCCS 175 Acreage 91.91 Acres Description: This portion of the property, located in the northwest contains the Collier County Fairgrounds. O rangetreePilDA :L'nvironmentalImpactStatement 2n__� cvwov .davidsonengineering.coni Packet Page -204- DE DAVIDSON Name: Valencia Golf Course Code: FLUCCS 182 Acreage: 155.36 Acres Description: These portions of the property consist of the Valencia golf course that has already been constructed. Name: Community Facilities Code: FLUCCS 186 Acreage: 5.85 Acres C6 Description: An existing community park is located along Oil Well Road. Name: Inactive Land with Street Patterns N Cadjaj FLUCCS 192 Acreage: 100.54 Acres NDescription: These areas of the PUD have been partially developed with most C) streets and utilities installed. Name: Improved Pastures Code: FLUCCS 211 Acreage: 44.44 Acres Description: This community consists of previously cleared lands being actively used for grazing cattle. Canopy and midstory are absent. Groundcover is dominated by a variety of pasture grasses. Name: Citrus Groves Code: FLUCCS 221 Acreage: 274.17 Acres Description: This community consists of previously cleared lands being actively used for grazing cattle. Canopy and midstory are absent. Groundcover is dominated by a variety of pasture grasses. Name: Palmetto Prairie (0 -25% Exotics) Code: FLUCCS 321 -E1 Acreage: 18.73 Acres Description: This community is found in scattered patches throughout the southeastern portion of the property. Canopy contains occasional slash pine. Midstory includes dense saw palmetto. Other vegetation present includes buckthorn, grapevine, poison ivy, beggar's ticks, Caesar's weed, pennyroyal and rusty lyonia. Typical exotic vegetation present includes Brazilian pepper and ear leaf acacia. Orangetree PUDA: Environmental Impact Statement 21 www.davidsonengineering.com 1/10/2012 Item 8.A. DE DAVIDSON 321 -Palmetto buckthorn mid -story Common lantana ground cover Lyonia ferruginea rusty lyonia mid -story Piloblephis rigida pennyroyal ground cover Rhus copallina southern sumac midstory Serenoa repens saw palmetto mid -story Smilax spp. smilax vine Vids rotundifolia muscadine grape vine Occasional Bumelia celastrina buckthorn mid -story Lantana camara lantana ground cover Pinus elliotti pine (slash pine) canopy Sabal palmetto cabbage palm canopy Acacia auriculiformis* Earleaf acacia mid -story Name: Pine Flatwoods (0 -25% Exotic Invaded) Code: FLUCCS 411 -E1 Acreage: 203.80 Acres Description: This community is found primarily in the southeast portion the property and in patches throughout the golf course. It is dominated by slash pine and cabbage palm in the canopy. Midstory includes dense saw palmetto and scattered Brazilian pepper. Other vegetation present includes buckthorn, grapevine, poison ivy, beautyberry, Caesar's weed, pennyroyal, rusty lyonia, ear leaf acacia, and myrsine. Name: Pine Flatwoods (25 -50% Exotic Invaded) Code: FLUCCS 411 -E2 Acreage: 0.75 Acres Description: This community is found in a small patch along the eastern boundary of the property. It is dominated by slash pine and Brazilian pepper in the canopy. Midstory includes saw palmetto and Brazilian pepper. Other vegetation present includes grapevine, poison ivy, Caesar's weed, ear leaf acacia, and myrsine. 411- E1 \E2, Pine Flatwoods (Exotic Invaded) Common Piloblephis rigida pennyroyal Pin us elliotti pine (slash pine) Sabal palmetto cabbage palm Smilax spp. smilax Urena lobata Caesar weed Orangetree PUDA: Divironmenuil ImpactStatenient 22 Packet Page -206- ground cover canopy canopy vine ground cover wv%1w.da vi dson engineers ng.com Re N N O N O DAVIDSON Vitis rotundifolia muscadine vine grape Toxicodendron radicans poison ivy vine Occasional Serenoa repens saw palmetto mid -story Schinus terebinthifolius* Brazilian mid -story pepper Acacia auriculiformis* Earleaf acacia mid -story Name: Cypress (25 -50% Exotic Invaded) Code: FLUCCS 621 -E2 Acreage: 10.61 Acres Description: There are eight scattered cypress areas found throughout the property. Vegetation consists of cypress and cabbage palm in the canopy. Midstory contains Brazilian pepper and scattered wax myrtle and dahoon holly. Other vegetation observed includes willow, sawgrass, buttonbush and grapevine. 621 -E2, Cypress (25- 50% Exotic Invaded) Common Taxodium ascenders Saba] palmetto Urena lobata Smilax spp. Schinus terebinthifolius* Toxicodendron radicans Vitas rotundifolia pond cypress canopy cabbage palm canopy Caesar weed ground cover Smilax vine Brazilian pepper midstory poison ivy vine muscadine grape vine Occasional Pin us elliotti pine (slash pine) canopy Ilex cassine dahoon holly mid -story Acacia auriculiformis* Earleaf acacia mid -story Myrsine floridana myrsine mid -story Blechnum serrulatum swamp fern around cover K Name: Drained Pine - Cypress- Cabbage Palm (25 -50% Exotic Invaded) Orangetree RJD.A: Environmental Impact Statement 23 www.davicisonengineering.r-om DE DAVIDSON 1/10/2012 Item 8.A. C e: FLUCCS 624D -E2 Acreage: 11.50 Acres Description: There are seven scattered cypress \pine areas found throughout the property. Vegetation consists of cypress, slash pine and cabbage palm in the canopy. Midstory contains often dense Brazilian pepper and scattered dahoon holly. Other vegetation observed includes Caesar weed, grapevine, and ear leaf acacia. 624 —E2, Brazilian pepper midstory Pine /Cypress /Cabbage Earleaf acacia mid -story Palm (25 -50% Exotic wax myrtle mid -story Invaded) pond cypress canopy Common dahoon holly mid -story Vitisrotundifolia muscadine grape vine Pinus elliotti pine (slash pine) canopy Sabal palmetto cabbage palm canopy Schinus terebinthifolius* Brazilian pepper mid -story Smilax spp. Smilax vine Toxicodendron radicans poison ivy vine Occasional Schinus terebinthifolius* Brazilian pepper midstory Acacia auriculiformis* Earleaf acacia mid -story Myrica cerifera wax myrtle mid -story Taxodium ascenders pond cypress canopy Ilex cassine dahoon holly mid -story Myrsine floridana myrsine mid -story Name: Disturbed Lands Code: FLUCCS 740 Acreage: 58.38 Acres Descries These portions of the PUD have been previously cleared. Vegetation is typical of disturbed areas and consists of a variety of weedy plants. Name: Roadway Code: FLUCCS 814 Acreage: 15.54 Acres Description: This area delineates the ROW for Oil Well Road, which bisects the PUD. Name: Water Treatment Facility Code: FLUCCS 830 Acreage: 28.63 Acres Orangetree PUDA: l nvironmental Impact Statement 24 tvtvvv.davicisonengineering.com Packet Page -208- maliftk Ago= DAVIDSON Description: This portion of the property located north of Oil Well Road consists of an existing Water Treatment Facility. it. Explain how the project meets or exceeds the native vegetation preservation requirement in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan, and Chapters 4 and 10 of the Land Development Code. Provide an exhibit illustrating such. Include calculations identifying the acreage for preservation and impact, per FLUCCS category. Native vegetation requirements for the Orangetree PUD were determined during Q previous approvals and have been codified during multiple Preliminary Subdivision 06 Plats. Previous approvals denoted 259.4 acres of native vegetation present on the E property. Therefore, the native vegetation required to be preserved for the a) Orangetree PUD totals 64.85 acres. (259.4 x 25% = 64.85 acres) N The native vegetation requirement is being met by providing preserve areas totaling o 68.6 acres. The preserves provide a variety of habitats, including FLUCCS 321, N FLUCCS 411, FLUCCS 621, and FLUCCS 624. The preserves are representative of the habitats on the property. Currently 1.68 acres of preserve areas have already been platted during previous approvals. An additional 31.55 acres have been set aside as preserves through conservation easements. All of these preserves were platted \preserved prior to current LDC requiring consolidation and contiguous preserves. See (Figure 7) below. The remaining 35.37 acres of preserve is proposed in the southeastern corner of the property and incorporates all the wetlands required to be preserved by the SFWMD. The master concept plan delineates 68.6 acres of preserve, or 3.75 acres more than the 64.6 acres required. The following table provides a breakdown of each FLUCCS community: d FLUCCS Code Existing Existing Percent _Acreage 547.98 25.6% __121 �mm 140 13.03 0.6% 171 160.78 7.5% 175 . 91.91 - 4.3% 182 155.36 7.3% 186 5.85 0.3% 192 µ100.54 4.7% ' 211 T44.44 .__...___ 2.1% 221 274.17...__ 12.8% M321 -E1 W 103 0.9% 411 El 411 -E2 203.80 0.75 9.5% 500 396.76 _ _0.0% 18.6% 621 -E2 10.61 0.5% Orangetree PUDA: Environmental Impact Statement 25 www,davidsonengineering,com DOE DAVII?SON S , 624 -E2 11.50 0--% 740 58.38 2.7% 814 15.54 0.7% 830 28.63 1.3% Totals: 2,138.76 100% 1/10/2012 Item 8.A. Figure 7. Existing & Proposed Preserve Locations fli For sites alroadly cleared mid ill aWicultura'' provide docillylel"taborl that the Parcel is) Ine in corlp1j"anct: With tile 2-3 Year 1-"',zone lirnitntion in Policy 6-11.5 of the Cori scrVation ani coostal 'i'le ("rov" h Plan and Chapters 4 and 10 olf the Land Developrnen�- Code, For sites cle: ared prior tc janlia3 v 2003, provick, d0cul-ftentation that the Parcel (S) are ill coalpflince With tile 10 year rezonz" Innitz"ion previm-Isly idelitilied ill the Growth Managerrent,"lariand Lmid Development Code. OrT i ii�ge! rue Pll DA: Environmental hrip ici: w w m 0"1 Vi (I So 11 engi 11 cICTI, R C 0 IT) Packet Page -210- ft a� N T- C) N O f go D"IDSON r11011;-.'- Portions of the Orangetree PUD are being used as improved pasture. These areas were previously incorporated into the PUD and therefore were cleared legally. iv. Have preserves or acreage requirements for preservation previously been identified for the site during previous development order approvals? If so, identify the location and acreage of these preserves, and provide an explanation if they are different from what is proposed. Native vegetation requirements for the Orangetree PUD were determined during previous approvals and have been codified during multiple Preliminary Subdivision Plats. Previous approvals denoted 259.4 acres of native vegetation present on the property. Therefore, the native vegetation required to be preserved for the Orangetree PUD totals 64.85 acres. (259.4 x 25% = 64.85 acres) The current application seeks to consolidate many of the smaller wetland preserves into a more contiguous preserve in the southeast corner of the PUD. V. For properties with Special Treatment "ST" overlays, show the ST overlay on the development plan and provide an explanation as to why these areas are being impacted or preserved. Portions of the Orangetree PUD contain ST /W -1 through ST /W -4 overlays. The applicant is not proposing any use in these portions of the property that is prohibited by the well overlays. The series of zoning maps that cover the Orangetree PUD property are included below. (Figure 8 through Figure 15). Qrarigetree PUDA: Environmental Impact Statement: 27 www,davidsonengineering.com Figure B. Collier County Zoning Map Or mgvti'cc, PUDA. Environmenta I I in,jmctstat,-,JTI(?[)t Packet Page -212- vvvv�,v.da vidsoneiigj neuri ngxonn w AWW 1-140, 0 Q 0 DE D"IDSON �11- 1-1-11 1 , P I Figure 9. Collier County Zoning Map getree PUDA: Environt'nental irnp�icl S)Ienlcjlt vvtvvlv.di vjcI,,;oncnginccri tig.con i 'I I I I 1 17 r. 7 71-1 F." Figure 9. Collier County Zoning Map getree PUDA: Environt'nental irnp�icl S)Ienlcjlt vvtvvlv.di vjcI,,;oncnginccri tig.con i DE RAV 19§9N, Figure 10. Collier County Zoning Map 01-al""etree FPUDA; Envirolmiciltai 11-1 nac" Sm t Packet Page -214- 1/10/2012 Item 8.A. .. '' t t i�j 'r, if !7i ... . ..... .. Figure 10. Collier County Zoning Map 01-al""etree FPUDA; Envirolmiciltai 11-1 nac" Sm t Packet Page -214- 1/10/2012 Item 8.A. I O c\I O DE: PAY,IDS,ON, Figure 11. Collier County Zoning Map O•angcA,tvc, PUI.-)A: E',tiviroomentil Impact 31 n ,,Nlw wAi v i d so n c, ng" kice rj 11 -, co Il') InEK. . .... .. ....... ... jr iz Figure 11. Collier County Zoning Map O•angcA,tvc, PUI.-)A: E',tiviroomentil Impact 31 n ,,Nlw wAi v i d so n c, ng" kice rj 11 -, co Il') DIE Figure 12. Collier County Zoning Map OraoUctr�!,zPUDA:Cn,irunmenm|imyact3bu:mcnit zz Packet Page -216- 1M0/2012 Item 8.A. � : Figure 12. Collier County Zoning Map OraoUctr�!,zPUDA:Cn,irunmenm|imyact3bu:mcnit zz Packet Page -216- 1M0/2012 Item 8.A. I. O Q 0 DE DAVIDSON I= Figure 13. Collier County Zoning Map Ora ioetree PUDA: Divirmirrmital frvq_)cict St. enj(�Ilr 331 0 wvvw,cla vj dsoll i­llw neen ii,;. co m ft J Figure 13. Collier County Zoning Map Ora ioetree PUDA: Divirmirrmital frvq_)cict St. enj(�Ilr 331 0 wvvw,cla vj dsoll i­llw neen ii,;. co m Figure 14. Collier County Zoning Map PUDA: Dwirw-111�ww"-O Impact '34 Packet Page -218- 1/10/2012 Item 8.A. " v vN; -1gi iicen i" -x(nil V�(knvidsolwr , n O O DE DAVIDSON d; Is ra Figure 15. Collier County Zoning Map Orangel rec P11DA: Environmenwl Impoct Statement as �,v Nvw. d,-, vi clso n c rigi n ecri n g.c o m DIE e. Wetlands. 1/10/2012 Item 8.A. Define the number of acres of Collier County jurisdictional wetlands (pursuant to Policy 6.2.1 and 6.2.2 of the Conservation and Coastal Management Element of the Growth Management Plan) according to the Florida Land Use Cover and Forms Classification System (FLUCCS). Include a description of each of the FLUCCS categories identified on -site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). Wetland determinations are required to be verified by the South Florida Water Management District or Florida Department of Environmental Protection, prior to submission to the County. WETLANDS: See (Figure 6) for wetland locations. Name: Cypress (25 -50% Exotic Invaded) La : FLUCCS 621 -E2 Acreage: 10.61 Acres Description: There are eight scattered cypress areas found throughout the property. Vegetation consists of cypress and cabbage palm in the canopy. Midstory contains Brazilian pepper and scattered wax myrtle and dahoon holly. Other vegetation observed includes willow, sawgrass, buttonbush and grapevine. 621 -E2, Cypress (25- 50% Exotic Invaded) pine (slash pine) canopy Common dahoon holly mid -story Taxodium ascendens pond cypress canopy Sabal palmetto cabbage palm canopy Urena lobata Caesar weed ground cover Smilax spp. Smilax vine Schinus terebinthifolius* Brazilian pepper midstory Toxicodendron radicans poison ivy vine Vitis rotundifolia muscadine grape vine Occasional Pinus elliotti pine (slash pine) canopy Ilex cassine dahoon holly mid -story Acacia auriculiformis* Earleaf acacia mid -story Myrsine floridana myrsine mid -story Blechnum serrulatum swamp fern eround cover Name: Drained Pine - Cypress - Cabbage Palm (25 -50% Exotic Invaded) Code: FLUCCS 624D -E2 Acreage: 11.50 Acres Orangetree PUDA: Environmental Impact Statement 36 Packet Page -220- wvvay.davidsonengineering.corn I. N N O N O QAVIDSON Description: There are seven scattered cypress \pine areas found throughout the property. Vegetation consists of cypress, slash pine and cabbage palm in the canopy. Midstory contains often dense Brazilian pepper and scattered dahoon holly. Other vegetation observed includes Caesar weed, grapevine, and ear leaf acacia. 624 -E2, Brazilian pepper midstory Pine /Cypress /Cabbage Earleaf acacia mid -story Palm (25 -50% Exotic wax myrtle mid -story Invaded) pond cypress canopy Common dahoon holly mid -story Yids rotundifolia muscadine grape vine Pinus elliotd pine (slash pine) canopy Sabal palmetto cabbage palm canopy Schinus terebinthifolius* Brazilian pepper mid -story Smilax spp. Smilax vine Toxicodendron radicans poison ivy vine Occasional Schinus terebinthifolius* Brazilian pepper midstory Acacia auriculiformis* Earleaf acacia mid -story Myrica cerifera wax myrtle mid -story Taxodium ascendens pond cypress canopy Ilex cassine dahoon holly mid -story Myrsine floridana myrsine mid -story The wetlands also include a 3.91 acre section of canal. ii. Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators. Indicate how the project design improves /affects predevelopment hydroperiods. Provide a narrative addressing the anticipated control elevation(s) for the site. Site elevations vary from approximately 13 feet NGVD at to 19 feet NGVD. Currently drainage appears to be to the south and southwest. See (Figure 4). Control elevations for projects within the Orangetree PUD have been determined on a case by case basis as each has moved through ERP permitting with the SFWMD. A variety of ERP's have been approved within the PUD including those for the schools, commercial areas, and residential areas. iii. Indicate the proposed percent of defined wetlands to be impacted and the effects of proposed impacts on the functions of these wetlands. Provide an exhibit showing the location of wetlands to be impacted and those to be preserved on -site. Describe how impacts.to wetlands have been minimized. Oranget:ree PUDA: Environmental Impact Statement 37 www.davicisUnengi.neering.corn DE DAVIDSON .r =: , .. 1/10/2012 Item 8.A. Existing Wetland Summary Table Wetland ID FLUCCS Acreage Percent Exotics Quality Isolated? #1 624 -E2 9.59 25 -50% Fair Y #2 - 621 -E2 3.01 25 -50°% Fair Y #3 621 -E2 0.68 25 -50% Fair Y #4 621 -E2 0.70 25 -50% Fair Y #5 621 -E2 1.69 25 -50% Fair Y #6 621 -E2 '1.22 25 -50% Fair Y #7 621 -E2 2.17 25 -50% Fair Y #9 624-EZ 0.17 25 -50% Fair Y #10 624 -E2 0.45 25 -50% Faire Y #11 624 -E2 0.37 25 -50% hair Y #12 624 -E2 °0.36 25 -50% Fair Y #13 624 -E2 0.37 25 -50% Fair Y #14 624 -E2 0:19 25 -50% Fair Y #15 621 -E2 0.19 25 -50% Fair Y #16 621 -E2 1.14 25 -50% Fair Y Total 26.21 Remaining Wetlands Already Permitted for Impact Wetlands Required to be Preserved Remaining Canal (OSW) Already Permitted for Impact Wetland Impacts In keeping with the approved ERP permit, of the 26.21 acres of wetlands on the subject property, 3.44 acres of wetland and 3.91 acres of canal are approved for impact. As can be seen from figure 16 below, wetlands 41 through #7 will be preserved. Wetlands #9 though #16 and #8 (canal) are approved for impact. Based on the proposed PUD master plan, portions of #12 and #13 would be preserved instead of impacted. Or- mgetrulePUDAzErav!ronmcnta� ImpactStaVct-ncuU Packet Page -222- i N V- C) N O r r r / 5 1 FEET GC G D 14- --- -- -4 VyE D 1 y G C � i l WET 0 ; r i D3 Figure 16. Wetlands Preserved \ Impacted. i:. Indicate how the project design compensates for wetland impacts pursuant to the Policies and Objectives in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan. For sites in the RFMU district, provide an assessment, based on the South Florida Water Management District's Uniform Mitigation Assessment Method that has been accepted by either the South Florida Water Management District or the Florida Department of Environmental Protection. For sites outside the RFMU district, and where higher duality wetlands are being ruined on -site, provide justification based on the Uniform Mitigation Assessment Method. Wetlands approved for impact within the Orangetree PUD have already been mitigated per the approved ERP permit. Mitigation included preservation and enhancement of 17.04 acres of uplands adjacent to wetlands (predominately #1 and #2). Slash pines were planted in the upland compensation areas after exotic removal was completed. Specifics of the mitigation plan can be seen in the attached SFWMD Permit \Staff Report. f. Sufface and ground water management. i. Provide an overall description of the proposed water management system explaining how it vvorlcs, the basis of design, hisl- orical drainage flows, off -site flow coming into th -, system and how they will �7s'<�.I�;Llii_'t' i�i)1)r�: i`,CIViI'Cin7nLt11<ti it #lt) 1Li 5t�ati'ialCtit =` I nJC: I' t^ r. dilVlC lS(7nE- 'n�;IneE'I`[n�;.COnt 1/10/2012 Item 8.A. DE D' VIDSON be incorporated in the system or passed around the system, positive outfall availability, Wet Season Water Table and Dry Season Water Table, and how they were determined, and any other pertinent information pertaining to the control of storm and ground water. Water Management System Issues \Description The following is a description of the proposed water management system: The Orangetree PUD Amendment project is located in Sections 13, 14, 23 & 24, Township 48 South, Range 27 East, Collier County, Florida within FEMA zone'D'. No water management storage or conveyance system is currently on -site within the undeveloped areas that are the subject of the PUD Amendment. The proposed surface water management system will be designed to utilize a series of catch basins, ditch inlets, and stormwater pipes to convey the storm water runoff to a series of interconnected lakes per the Conceptual ERP No. 11- 00418 -S approved by the SFWMD in 1988. The system will be designed using the parameters set forth in the approved permit and any changes will be covered in an application for a modification to the approved permit per SFWMD and Collier County requirements. The stormwater management system will be owned, operated and maintained by the property owner association. ii. Provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre- development conditions. This analysis is required for projects impacting five (5) or more acres of wetlands. The analysis shall be performed using methodologies approved by Federal and State water quality agencies. N.A. The project is proposing less than 5 acres of wetland impact. iii. Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM -ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM -STs. The Orangetree PUD does contain "WRM -ST' overlays. See zoning maps above in (Figures 8 through 15). Currently developed residential \commercial uses already lie within these zones. The applicant is not proposing any future uses within these areas that does not already exist within them. g. Listed species. Provide a plant and animal species survey to include at a minimum, listed species known to inhabit biological communities similar to those existing on -site, and conducted in accordance with the guidelines of the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service. State actual survey times and dates, and provide a map showing the location(s) of species of special status identified on -site. The most recent wildlife survey for the Randall Boulevard GMPA Site is included as Exhibit 6 (found in the Appendix of Exhibits). See the protected species survey for Orangetree PUDA: Environmental ImpactStxitement 40 - ~` tvWw.claviCISOnengineering,com Packet Page -224- I. N 0 N 0 Dile RAYu?SON specific details. See the table in item (ii.) below for listed species which might reside in habitat similar to what exists on this property. The survey was conducted on the following dates & times: The following listed species were observed on the property during this survey: MrAs An American kestrel (Falco sparverius paulus) was observed foraging in one of the partially developed areas of the PUD. Reptiles An America alligator (Alligator mississippiensis) was observed in an agricultural pond within the citrus groves in the northern portion of the PUD. Plants The site does contain wild pine (Tillandsia fasciculate) & Florida butterfly orchids (Encyclia tampensis). ii. Identify all listed species that are known to inhabit biological communities similar to those existing on the site or that have been directly observed on the site. Potential protected species list for the Orangetree PUD Site according to FLUCCS category: ��� s r s ,, i n �'e$a a 33i ti � � s � ONE NONE IIII � 7 a � ➢ a 9ie �a �' '� I NONE III III 1 NONE r Florida ... , „ , . • .. „ traglillawl Mill g Owl Orarigetree PUDA: Environmental Impact Statement 41 www,d.avidsonengineei-itig.com 1/10/2012 Item 8.A. DE DAV I DSO N - Curtis Milkweed Asclepias curtissii E - Fakahatchee Burmannia Burmannia flava E__ - _ Florida Black Bear Ursus americanustloridanus_ �T M _ Florida Coontie Zamia oridana C - _ _Florida Sandhill Crane Grus canadensis pratensis _ T - u Go her Fri Rana ca ito___ SSC M _ Gopher Tortoise _ G p erusQolyphemus SSC Eastern Indigo Snake Drymarchon corals couperi T_ T Southeastern American Kestrel Falco sparverius Paulus T - 411 -E1 & Beautiful Pawpaw Deeringothamnus pulchellus E E 411 -E2 _ Big Cypress Fox�S uU!Eel._ _ Sciurus niper avicennia _ � T _ - _ Eastern Indigo Snake Fakahatchee Burmannia D marchon_ corais cou eri Burmannia ava _ T M E _ T Florida Black Bear Ursus americanus �lcridanus _ T - Florida Co_ontie Zamia goridana_ C - __ Florida Panther Felis concolor coryi� _ E _ E Gopher Fr. °gym ._ _ .� ..._ Gopher Tortoise Rana ca ito Go herus SSC SSC - _ olyphemus - _ _ _Red-Cockaded Woodpecker Picoides borealis T E Sati_nleaf_ �Chrysop�yilum olivi orme E� - _w M _ Southeastern American Kestrel Twisted Air Plant Falco s1nijeri s plylus _ Tillandsialexo_usa T i _ E 500 � American All!gator __, Alligator mississippiensis � SSC S A� Everglades Mink Mustela vison ever ladensis -_ Limpkin _ Little Blue Heron Aramus uarauna Egretta cae_rulea SSC_ SSC - _� _ Reddish Egret _ Egretta ru escens SSC �- N _ _ �.� M Roseate Spoonbill Ajaia aja'a_ SSC ;_W SSC T p M Snowy Egret p� E retta thula _ M- Tricolored Heron �retta tricolor SSC _ 621 -E2 rM _ American Alligator -_ Alligator mississpiensis SSC Everglades Mink _ Mustela vison evergladensls _ ^T Florida Black Bear i Ursus americanus oridanus _ T Florida Panther Gopher Frog Fells concolor ci __ Rana capito 1 E SSC E ^ - ...,.__- w imp Mn _ _.� _ Aramus guarauna SSC_ Little Blue Heron Egretta caerule_a ! SSC - mm i Snowy Egret Tricolored Heron_ Egretta Chula Egr_etta tricolor_ _ Wood Stork M cty eria amencana E E 4 -_E2_ _ 62_ American Alligator Everglades Mink_ Florida Black Bear _ Alligatormississipp.ensis Mustela vison everpladensis� Ursus americanu_s'loridanus SSC T T mm _ Panther Florida Fl t _. _ _ _..._ Fells concolor coryi _. E E Gopher Frog _ Rana cito _. SSC - -_� _ ryASnowy Little Blue Heron reset __ . � _ Egretta caerulea Egretta thula SSC SSC SSC_ Tricolored Heron Wood Stork — ____ Erg etta trrcolor - _Mxcteria americana E E Orange-tree PUDA: Environmental Impact Statement 4:' Packet Page -226- www.davidsonengi neering.com i N N r O N O DE 740 Burrowing Owl Speotyto cunicularfa SSC - Gopher Tortoise Go herus oLyphemus SSC NONE 830 _�.w NONE~ �� J Abbreviations: Aaencie FWC= Florida Fish and Wildlife Conservation Commission FDA = Florida Department of Agriculture and Consumer Services USFWS = United States Fish and Wildlife Service Status E= Endangered T= Threatened T(S /A)= Threatened /Similarity of Appearance SSC = Species of Special Concern According to the most recent wildlife survey, the following species were observed on the property: Birds Mammals OrangetreePUDA: EnvironmenuallmpictSLitement 43 www.ciavidsoneng!neerinb,com 1/10/2012 Item 8.A. Armadillo White-Tailed Deer Odocoileus yirginianus Mn Listed Plants Listed Species Agencies FWC=Flordu Fish and Wildlife Conservation Commission FDA=lqnridu Department o[ Agriculture and Consumer Services FVVS~DuitedStutes Fish and Wildlife Service Status Observations T=T6coatooed DV=Dircot\Dyud SSC=Opmcioaof Special Concern 0T~O6nervod Tracks G=8o6uoyora6 8V~BourdVocaUzutino T(S/A)=T6routoued/Siodlorityu[Appearance O8=Oboen/edRo|e\Burrovv CE=Conomercid\y8xploited C=Cavity 00T=w[urbodTcoo |ii Indicate how the project design minimizes impacts to species of special status. BIG CYPRESS FOX SQUIRREL Vifigrus niger avicennia): No 0' Cypress Fox Squirrels or signs Of fox squirrels were observed during the protected species survey. Vmn&otren PUDA: Environmental Impact Statement ^+ mww.6aviJnooengiucedng.cum ~e° Packet Page -228- MO W�y 1� N V- 0 N O . .4 WOOD STORK (MMeria americana): The Property falls within the core foraging area (estimated at 18.6 miles) of 3 wood stork colonies in Collier County. See (Figure 17) below for wood stork colony and foraging information as it relates to the Orangetree property. The severely drained nature of the onsite wetland probably precludes wood stork foraging as water does not appear to stand in the wetland for any length of time. In addition, it's more likely that wood stork and other wading birds are foraging along the nearly 400 acres of manmade water bodies throughout the PUD. All of the wading birds documented in the survey were found in these areas. Figure 17. Wood Stork Information. Q('am,etr.'e RUDA; Rnvit'onrnental hi -} act St.it nlelll �=' V1�kY.lj�tTrlC� f)il(�tit'Ii�P'3'Itt .CU1T1 1/10/2012 Item 8.A. FLORIDA PANTHER (Felis concolor coMz) The parcel is mapped as secondary panther habitat by the USFWS. See (Figure 18) below for Florida panther information as it relates to the Orangetree property. As illustrated by Figure 18, three panther telemetry points have been recorded within 2 miles of the PUD boundary in the last two years. All three of these points were recorded within managed lands mapped as priority 1 habitat and located west of the platted Estates lots that surround the PUD. The Orangetree property is nearly fully developed and the level of human activity probably precludes use of the property by panthers. Figure 18. Florida Panther Information. Olri,wt;etri �c tJD : Flnvn'(Jm iitai rtlpact st3t; roolit tvvvix.davids£r not is;hiccriii -,coo Packet Page -230- I.- N O N O r DE DAVIDSON FLORIDA BLACK BEAR (Ursus americanus floridanusl See (Figure 19) below for Florida black bear information as it relates to the Orangetree property. As illustrated by Figure 19, several bear telemetry points have been recorded around the PUD boundary, but the most recent of these was in the early 1990's. Figure 19. Florida Black Bear Information. LISTED PLANT SPECIES: i'�1I1 6u "tf ' �l? 1 l tiVti'oP3i'I1f Z21I sIT� S « "t t�ECi; i [l d;� %V v1 %tit' ClaVidsotlongiiice "3n -,coin 1/10/2012 Item 8.A. DE DAVIDSON Prior to clearing the site will be re- surveyed for Tillandsia and other listed epiphytic plants such as Florida Butterfly Orchids (Encyclia tampensis). Any individuals observed during the survey that can be reasonably reached will be relocated to the preserve areas on the property. iv. Provide habitat management plans for each of the listed species known to occur on the property. For sites with bald eagle nests and /or nest protection zones, bald eagle management plans are required, copies of which shall be included as exhibits attached to the PUD documents, where applicable. LISTED PLANTS: The site does contain wild pine ( Tillandsia fasciculate) and Florida Butterfly Orchids (Encyclia tampensis). Prior to clearing the site will be re- surveyed for listed epiphytic plants. Any individuals observed during the survey that can be reasonably reached will be relocated to the preserve areas on the property. V. Where applicable, include correspondence received from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS), with regards to the project Explain how the concerns of these agencies have been met Both wildlife agencies have been party to previous permits approved within the PUD, including the County schools, water treatment plant, several residential communities, and commercial sites. As stated above, if necessary both wildlife agencies will be involved in future permitting \modifications of the project during upcoming SDP's or PSP's. h. Other. i. For multi -slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with the marina siting and other criteria in the Manatee Protection Plan. ii. Include the results of any environmental assessments and /or audits of the property. If applicable, provide a narrative of the cost and measures needed to clean up the site. Not Applicable. The project is not located adjacent to the Gulf of Mexico. iii. For sites located in the Big Cypress Area of Critical State Concern - Special Treatment (ACSC -ST) overlay district, show how the project is consistent with the development standards and regulations established for the ACSC -ST. Not Applicable. The project is not located within the Big Cypress Area of Critical State Concern. iv. Soil sampling or ground water monitoring reports and programs shall be required for sites that occupy old farm fields, old golf courses or for which there is a reasonable basis for believing that there has been previous contamination on site. The amount of sampling and testing shall be determined by the Environmental Services staff along with the Pollution Control Department and the Florida Department of Environmental Protection. The golf course within the PUD is active. The agricultural areas within the PUD are also active. There is no reasonable basis for believing there has been previous contamination on the site. Orangetree PUDA: Environmental Impact Statement 48 Packet Page -232- w�Atw.clavidsonengineering.com a� CV O Q O r r DC DAVIDSON V. Provide documentation from the Florida Master Site File, Florida Department of State and any printed historic archaeological surveys that have been conducted on the project area. Locate any known historic or archaeological sites and their relationships to the proposed project design. Demonstrate how the project design preserves the historic /archaeological integrity of the site. No historical or archaeological surveys have been conducted on the subject property; however, a letter was submitted to the Division of Historical Resources requesting that they review the Florida Master Site File. A response was received that states no historical properties or significant historical resources are expected on the property. See attached letter as Exhibit 7 (found in the Appendix of Exhibits). Oranget.ree PUDA: Environmental Impact Statement 4.9 wwvv.clavidsonengineering.com DE DAVIDSON APPENDIX OF EXHIBITS Orangetree PUDA: Environmental Impact Statement Packet Page -234- 1/10/2012 Item 8.A. www.daviclsoiieiiaiiieei-itig.com f N T- C) N O DAVIDSON DC Orangetree PUDA: EIS — Author's Resume EXHIBIT 1 RESUME www.davldsoiieiigi neei- ing.co ni DC DAVIDSON JEREMY STERK Education St. Cloud State University, B.S., Magna Cum Laude, Aquatic Biology, 1994. Professional Affiliations Florida Association of Environmental Professionals -- Current SW Chapter Secretary Work History September 2007 to Present Director of Environmental Services\ Project Manager Davidson Engineering, Inc. Naples, Florida December2002 to September 2007 Environmental Consultant \ Land Planning Consultant Hoover Planning & Development, Inc. Naples, Florida September 1994 to December 2002 Environmental Consultant Boylan Environmental Consultants, Inc. Ft Myers, Florida Professional Experience • Vegetation & Habitat Mapping • Environmental Assessments • Protected Species Surveys (PSS) • Species Management Plans • Wetland Assessments \ Delineation • Wetland Jurisdictional Determinations • Environmental Impact Statements (EIS) • Post Permit Compliance 1/10/2012 Item 8.A. • GIS / GPS Mapping • Environmental Resource Permitting (ERP) • Environmental Land Use Planning • Bald Eagle Monitoring • Native Vegetation Restoration Plans • Gopher Tortoise Permitting \Relocations • Incidental Take Permitting Experience in Lee, Collier, Charlotte, Glades, DeSoto, and Hendry Counties. Other Professional ExQeriences 1994. Wrote & published commercial computer software for the rapid identification of freshwater algae, Computer Assisted Algal Recognition (CHAR). 1996. Headed a field research project using telemetry tracking to study the swimming speed of lemon sharks in the Bahamas. 1998. Wrote an ecological assessment computer model for the South Florida Water Management District as part of the South Lee County Watershed Study. 2009. Member of the Conservation Collier Land Acquisition Advisory Committee. Publications Sundstr6m, L.F., J. Sterk, & S.H. Gruber. 1998. Effects of a speed - sensing transmitter on the swimming speed of lemon sharks. Bahamas J. Scl. 6 (1): 12 -22. Orangetree PUDA: EIS - Author's Resume Packet Page -236- www.clavidsonengineeri ng,com N r O N 0 DAYIDSQN EXHIBIT 2 24" X 36" FLUCCS MAPPING Orangeeree AUDA: EIS - FLUCCS Mapping www.davidsoiieiigi'neering.com A/ A A /A A A ON LL_ _ Packet Page -238- X ximAll I.. N V- C) N O DAVIDSON EXHIBIT 3 MASTER CONCEPT PLAN Orangetree PUDA: EIS - Master Concept Plan www.davi clsonengi neeri ng.com iZ aM g epp g �i 4 s a 1/10/2012 Item 8.A. z r S � O 2 no9 AD 0.1 $$ g 77 Qp "max ��i >nc MR gg CK 9 of $ 'Mr m b IQs L:J..._._.,, - O D BF O K r C ZO €� m c K' c x c x! 9 oS PER $$ oPiR% e�e N o A N a s 0 o 0 Z or z ¢yf1 m m 0 m A C7a i 4 Y £ co c ° _ �a g m a 7y� a a g A A ■■ i Z = m C 2 ° r loll m A 1/10/2012 Item 8.A. z r S � ORANGETRUPMA I E €l REZONE ORANdETREE ASSOCIATES � 4500 E KBCUTIVE DRIVE. SUrM 110 J MARTHRC[iNCEPTPLAN NAPUM FLORIDA 34119 Packet Page -240- 2 a C N M Q) 3 D w O 2 no9 AD 0.1 $$ g 77 Qp "max ��i >nc MR gg CK 9 of $ 'Mr m b IQs o >o r ; rD- °mE � Cry NRo z a m xa�v oPiR% e�e $ o ORANGETRUPMA I E €l REZONE ORANdETREE ASSOCIATES � 4500 E KBCUTIVE DRIVE. SUrM 110 J MARTHRC[iNCEPTPLAN NAPUM FLORIDA 34119 Packet Page -240- 2 a C N M Q) 3 D w i N N T- O N O & ME DAVID$ON Ftf f'. �1 -: 1'�t:'t -:. EXHIBIT 4 SFWMD Staff Report (Application No.941104 -12) Orangetree PUDA: EIS - SFWWttD jurisdictional Letter www.d,ivic[soneiigineert ng.corn 1-40 r"MI"611 1/10/2012 Item 8.A. LAST DATE FOR GOVERNING BOARD ACTION: Subject to Governing JUNE 13, 1996 Board Approval» SURFACE WATER MANAGEMENT STAFF REVIEW SUMMARY I. ADMINISTRATIVE APPLICATION NUMBER: 941104 -12 PERMIT NUMBER: 11- 00418 -S PROJECT NAME: VALENCIA AT ORANGETREE (SUB- BASIN -4) LOCATION: COLLIER COUNTY, S1I- 15,22- 25,27/T48S/R27E S19,30/T48S/R28E APPLICANT'S NAME: ORANGETREE ASSOCIATES OWNERS NAME AND ADDRESS: ORANGETREE ASSOCIATES 2901 STIRLING ROAD FORT LAUDERDALE, FL 33312 ENGINEER: Q. GRADY MINOR & ASSOCIATES II. PROJECT DESCRIPTION PROJECT AREA: 716.70 acres DRAINAGE AREA: DISTRICT DRAINAGE BASIN: GOLDEN GATE CANAL RECEIVING BODY: GOLDEN GATE CANAL CLASSIFICATION: CLASS III SPECIAL DRAINAGE DISTRICT: BIG CYPRESS BASIN PURPOSE: RECEIVED MAY 2 9 1996 NRM / 400p 716.70 acres The application is a request for modification to authorize Construction and Operation of (1) a surface water management system to serve 438.45 acres of the 716.7 acre RESIDENTIAL DEVELOPMENT and (2) a perimeter berm and control structure to serve the remaining 278.25 acres of Conceptually Approved lands in SUB - BASIN -4 of ORANGETREE. ORANGETREE is a 2,793.83 acre MULTI -USE development discharging to the GOLDEN GATE CANAL. Staff recommends approval with conditions. 1 Packet Page -242- i N 0 N 0 BACKGROUND: Orangetree is a 2,793,83 acre multi -use development which was granted Conceptual Approval, Permit No. 90020 -S, on November 13, 1986. The development was issued Permit No. 11- 00418 -S on September 10, 1987, for the Construction and Operation of a surface water management system serving Phase - I of Orangetree. The multi -basin water management system is being constructed in phases. A series of modifications to the Conceptual Plan has authorized Construction and Operation within SUB - BASINS -1,2,3 & 4. Orangetree was issued permit modifications authorizing the excavation of detention areas 4 -1 and 4 -2 (9.75 acres and 43.5 acres). Both detention areas are located within SUB - BASIN -4. EXISTING FACILITIES: The Orangetree development is located in north Collier County, bounded by an unnamed canal to the north, Randall Boulevard to the south, Golden Gate Canal to the east and Immokalee Road to the west. The Orangetree master water management system consists of six stormwater management basins. SUB - BASINS -4 & 5 are located in the south portion of the multi -use development and contain cleared farm areas and undeveloped lands. Runoff sheetflows south to the Randall Boulevard roadside swale which outfalls south into the Golden Gate Canal. PROPOSED FACILITIES: This proposed modification will eliminate the conceptually approved SUB- BASIN- 5 water management system and incorporate all conceptually approved SUB- BASIN- 5 lands into SUB- BASIN -4. The applicant proposes construction of Phase-1 of Valencia at Orangetree, a 438.45 acre residential development within the 716.7 acre SUB - BASIN -4 water management system. Phase -I includes the construction of buildings, access and internal roadways, recreation areas, a golf course and the single SUB - BASIN -4 water management system. The SUB- BASIA -4 water management system includes swales, catch basins, culverts, a series of (14) hydraulically connected detention areas and two control structures. The detention areas function as a cascading system, staging stormwater from 15.0' NGVD in the north to 13.0' NGVD at the discharge locations. Stormwater is staged internally via a series of catch basins. Control catch basins CB -1 & CB -2, located within detention area 4 -9 & 4 -8 are to be constructed with fixed grate elevations at 15.0' NGVD. Control catch basins CB -3 & CB -4 , located within detention area 4 -6 and Wetland -2 are to be constructed with grate elevations at 14.0' NGVD. Each of the control catch 2 1/10/2012 Item 8.A. basins (CB 1 -4) contain a single 1.0' diameter flap -gate with an invert elevation set at 12.0' NGVD. The control catch basins function as "bubblers" which allow stormwater to flow into the wetlands at the 13.0' NGVD control elevation but does not allow runoff to drain below the fixed grate elevations. The flood routings provided assume the wetlands are controlled by the fixed grates. Runoff from SUB - BASIN -4 outfalls to the Golden Gate Canal via two control structures. Control structure -4 is located within the previously permitted and excavated detention area 4 -2 adjacent to the southern property boundary. The structure outfalls south to existing culverts located under Randall Boulevard. The applicant proposes to install 104 if of 3.5' diameter outfall culvert. The culvert will tie into the easterly (of the three existing culverts) 3.5' diameter culvert which conveys runoff under Randall Boulevard to the Golden Gate Canal. Control structure -5 will be constructed within the existing onsite drainage canal located in the easterly sector of SUB - BASIN -4. The structure will convey runoff east to the Golden Gate Canal. The SUB - BASIN -4 surface water management system is designed to receive and convey offsite inflows from both SUB - BASIN -3 and SUB- BASIN -6. SUB- BASIN -3 is served by the previously permitted and constructed SUB- BASIN -3 master water management system which serves the residential development. The sub -basin outfalls southeast into detention area 4 -2 via a single control structure. SU8- BASIN -6 contains an existing citrus operation and is served by a single basin water management system. The sub -basin outfalls southwest into detention area 4 -14 via 80 if of 2' diameter culvert. At this time, the applicant proposes only the construction of a perimeter berm and installation of control structure -5 within the easterly portion of SUB - BASIN-4. This area, 278.25 acres, will remain undeveloped pending future development. Stormwater routings were provided which indicate the the Phase -I development meets all District criteria pending the final build -out of SUB - BASIN-4. The proposal is consistent with the previously approved conceptual plan and all future construction within the undeveloped lands of SUB - BASIN -4 will require modification to this permit. BASIN INFORNATION: WSWT Normal /Dry Area Elev Ctrl Elev Method of Basin Acres (ft, NGVD) (ft, NGVD) Determination SUB- BASIN -4 716.70 13.00 13/13 WETLAND ELEVATIONS Packet Page -244- N O N 0 MaJor.Discharce Structures: Str. Crest Elev. fasin # Description (ft. NGVD) SUB- BASIN -4 1 6' wide X 1.1' high RECTANGULAR ORIFICE 13.00 weir SUB - BASIN -4 2 3.25' wide X 1' high RECTANGULAR ORIFICE 13.00 weir Discharce Culverts: Str. Basin # Description SUB- BASIN -4 1 240' long, 3.5' dia. RCP SUB- BASIN -4 2 50' long, 2.5' dia. RCP Receiving Body: Str. Receiving Basin # Body SUB- BASIN -4 1 GOLDEN GATE CANAL VIA EXISTING CANAL SUB - BASIN -4 2 GOLDEN GATE CANAL III. PROJECT EVALUATION Discharge Rate: SUB - BASIN -4 receives and conveys approximately 34.4 cfs of offsite inflows from SUB - BASINS -3 & 6. Mass routings for the combined system (SUB- BASINS -3,4 & 6) outfall indicate a maximum discharge rate of 66.7 cfs for the two control structures within SUS- BASIN -4. As shown in the table below, the proposed discharge rate is within the previously permitted rate of 0.05 cfs /acre for the project. Design Storm Frequency: 25 YR 3 DAY Design Rainfall: 10.87 inches Allow Design Design Disch Method of Disch Stage Basin (cfs) Determination (cfs) (ft. NGVD) SUB - BASIN -4 67 PREVIOUSLY PERMITTED 66.7 15.6 2 1/10/2012 Item 8.A. WATER QUALITY: Water quality, 1" over the site, is provided in the SUB- BASIN -4 master water management system. Adverse impacts are not expected. Vol Vol Treatment Req'd. Prov'd Basin Method (ac -ft) (ac -ft) SUB- BASIN -4 129.5 acres WET DETENTION 59.70 60.00 ROAD DESIGN: As shown in the following table, minimum road center lines have been set at or above the calculated design storm flood elevation. Design Storm Freq: 25 YR 3 DAY - Design Rainfall: 10.87 inches Flood Elevation Minimum Centerline Basin (ft., NGVD) Elevation (ft, NGVD) SUB- BASIN -4 15.6 15.6 FINISHED FLOORS: As shown in the following table, minimum finished floor elevations have been set at or above the calculated design storm flood elevation. Design Storm Frequency: 100 YR 3 DAY Design Rainfall: 14.54 inches Minimum Flood Elevation FENA Elevation Design E1ev Basin (ft, NGVD) (ft, NGVD) eft, NGVD) SUB- BASIN -4 16.7 n/a 16.71 IV. ENVIRONMENTAL ASSESSMENT PROJECT SITE DESCRIPTION: Approximately half the site consists of improved pasture and half the site consists of pine flatwoods with 15 freshwater isolated wetlands located within the pine flatwoods. The isolated wetlands consist of eight cypress domes and seven cypress -pine wetlands. Seven of the isolated wetlands are less than 0.5 acres in size. The wetlands listed in poor condition have reduced wetland hydroperiods and as a result are heavily invaded by caeser weed, Brazilian pepper and melaleuca. 5 Packet Page -246- The other surface water is a canal which is part of a network of canals constructed on the site some time ago. The canal does not connect to the Golden Gate Canal that runs along the eastern edge of the project. EXISTING ON SITE WETLAND COMMUNITIES AND OTHER SURFACE WATERS: TOTAL ON SITE WETLAND /SURFACE WATER ACREAGE: 27.44 EXISTING ON SITE UPLAND COMMUNITIES: ID NO ID TOTAL BIOLOGICAL COMMUNITY 01 323.97 COMMUNITY PINE FLATWOODS NO ACREAGE CONDITION JYPE IMPROVED PASTURES 32.35 03 ACREAGE N/A 08 4.94 N/A STREAMS AND WATERWAYS IMPROVED PASTURES 4.94 01 9.59 GOOD /FAIR CYPRESS - PINE - CABBAGE PALM 9.59 Q 02 3.01 GOOD /FAIR CYPRESS 3.01 03 .68 POOR CYPRESS .68 06 04 .70 POOR CYPRESS .70 E 05 1.69 GOOD /FAIR CYPRESS 1.69 06 1.22 GOOD /FAIR CYPRESS 1.22 N 07 2.17 GOOD /FAIR CYPRESS 2.17 0 09 .17 POOR CYPRESS - PINE - CABBAGE PALM .17 C14 10 .45 POOR CYPRESS - PINE - CABBAGE PALM .45 0 11 .37 POOR CYPRESS - PINE - CABBAGE PALM .37 12 .36 POOR CYPRESS - PINE - CABBAGE PALM .36 13 .37 POOR CYPRESS - PINE - CABBAGE PALM .37 14 .31 POOR CYPRESS - PINE - CABBAGE PALM .31 15 .19 POOR CYPRESS .19 16 1.22 POOR CYPRESS 1.22 TOTAL ON SITE WETLAND /SURFACE WATER ACREAGE: 27.44 EXISTING ON SITE UPLAND COMMUNITIES: ID NO TOTAL ACREAGE BIOLOGICAL CONDITION COMMUNITY TYPE COMMUNITY ACREAGE 01 323.97 GOOD /FAIR PINE FLATWOODS 323.97 02 32.35 N/A IMPROVED PASTURES 32.35 03 14.83 N/A IMPROVED PASTURES 14.83 04 318.11 N/A IMPROVED PASTURES 318.11 TOTAL ON SITE UPLAND ACREAGE: 689.26 ENDANGERED, THREATENED & SPECIES OF SPECIAL CONCERN SUMMARY: The project site does not contain preferred habitat for endangered, threatened, or species of special concern. No endangered /threatened or species of special concern were observed on site, and submitted information indicates that endangered /threatened or species of special concern use of the site is not an issue. This permit does not relieve the applicant from complying with all applicable rules and any other agencies' requirements if in the future, endangered /threatened or species of special concern are discovered 1/10/2012 Item 8.A. on the site. WETLAND PRESERVATION AND IMPACT SUMMARY: For the entire sub -basin 4 (which was originally sub - basins 4 and 5), the applicant proposes to preserve 19.06 acres of wetlands (Wetlands 1 -7), impact 4.94 acres of other surface waters (Id. No. 8), and impact 3.44 acres of wetlands (Wetlands 9 -16). Seven of the eight isolated wetlands proposed to be impacted are less than 0.5 acres in size (Wetlands 9 -15). These seven wetlands and the one wetland over 0.5 acres proposed to be impacted (Wetland 16) are all in poor condition and are marginally functional due to a reduced wetland hydroperiod as evidenced by heavy infestations of Brazilian pepper, melaleuca and ceaser weed. The canal (Id. No. 8) will be filled. Wetlands 1 and 2 will be preserved and incorporated into the surface water management system. Wetland 1 is connected to two lakes through rip -rap swales. The two lakes (Lakes 4 -8 and 4 -9) are controlled at 15.0' N &VD. Wetland 2 receives surface water from Lakes 4 -6 and 4 -7, and from surrounding golf course and residential lots through grass swales. Surface water from grass swales will sheet flow through the upland compensation and upland buffer areas prior to entering Wetland 2. A catch basin in Lake 4 -6 and a catch basin at the western edge of Wetland 2's upland buffer will provide an adequate outfall for Wetland 2 so the wetland does not become overinundated. Review of the proposed control elevations and flood routings for Wetlands I and 2 indicate adequate water levels will be maintained to preserve these wetlands. The water level in Wetland 1 will bleed down to control elevation within 4 days after a peak water elevation of 15.4 ft following a 3 year -1 day storm event. The water level in Wetland 2 will bleed down to control elevation within 3 days after a peak water elevation.of 14.3 ft following a 3 year -1 day strom event. Stormwater runoff will receive water quality treatment in either lakes, or grass swales and upland compensation /upland buffer areas prior to the runoff entering preserved wetlands. Preserved 25 ft upland buffers will be provided around all preserved wetlands (Wetlands 1 -7) which will preserve 7.87 acres of pine /palmetto uplands. Long term protection of all of the preserved wetlands (Wetlands 1 -7) will be provided through a conservation easement. Wetlands 3 -7 are shown as preserved with 25 ft upland buffers within sub -basin 4. However, details of how these wetlands will be incorporated into the surface water management system and the means for water quality treatment for suface water directed to these wetlands has not been provided. Details on how these wetlands will be incorporated into the water management system in order to maintain the adequate wetland hydroperiods for these wetlands and to provide adequate water quality treatment of surface water directed to these wetlands will need to be submitted on future requests for construction approval. Packet Page -248- WETLAND PRESERVATION: TOTAL. IMPACT ACREAGE: 3.44 MITIGATION/KONITORING: Seven of the wetlands proposed for impacts are less than 0.5 acres in size, are not utilized by listed species and would not result in cumulative impacts if impacted. Therefore, of the 3.44 acres of proposed impacts, only 1.22 acres will need to be offset by mitigation. In order to offset the proposed 1.22 acres of impact to Wetland 16, the applicant proposes to enhance and preserve 9.17 acres of uplands adjacent to the proposed preserved upland buffers /wetlands. A total of 17.04 acres of uplands (9.17 acres of upland compensation and 7.87 acres of upland buffers) will be preserved adjacent to preserved wetlands. Exotic vegetation will be ID COMMUNITY PRESERVATION NO TYPE ACREAGE 01 CYPRESS - PINE - CABBAGE PALM 9.59 02 CYPRESS 3.01 03 CYPRESS .68 04 CYPRESS .70 05 CYPRESS 1.69 06 CYPRESS 1.22 07 CYPRESS 2.17 Q TOTAL ON SITE PRESERVATION ACREAGE: 19.06 06 E WETLAND IMPACTS: , ID COMMUNITY IMPACT IMPACT BIOLOGICAL NO TYPE ACREAGE TYPE CONDITION ACREAGE N 0 09 CYPRESS - PINE - .17 CLEARING AND POOR CABBAGE PALM FILLING .17 10 CYPRESS - PINE - .45 CLEARING AND POOR .45 CABBAGE PALM FILLING 11 CYPRESS - PINE - .37 CLEARING AND POOR .37 CABBAGE PALM FILLING 12 CYPRESS - PINE - .36 CLEARING AND POOR .36 CABBAGE PALM FILLING 13 CYPRESS - PINE - .37 CLEARING AND POOR .37 CABBAGE PALM FILLING 14 CYPRESS - PINE - .31 CLEARING AND POOR .31 CABBAGE PALM FILLING I5 CYPRESS .19 CLEARING AND POOR .19 FILLING 16 CYPRESS 1.22 CLEARING AND POOR 1.22 FILLING TOTAL. IMPACT ACREAGE: 3.44 MITIGATION/KONITORING: Seven of the wetlands proposed for impacts are less than 0.5 acres in size, are not utilized by listed species and would not result in cumulative impacts if impacted. Therefore, of the 3.44 acres of proposed impacts, only 1.22 acres will need to be offset by mitigation. In order to offset the proposed 1.22 acres of impact to Wetland 16, the applicant proposes to enhance and preserve 9.17 acres of uplands adjacent to the proposed preserved upland buffers /wetlands. A total of 17.04 acres of uplands (9.17 acres of upland compensation and 7.87 acres of upland buffers) will be preserved adjacent to preserved wetlands. Exotic vegetation will be 1/10/2012 Item 8.A. controlled over the wetland preserve areas, upland compensation areas and buffer areas using appropriate herbicides. After exotic vegetation removal, Aft open spaces within the upland compensation area will be planted with slash pines at 25 ft centers. Maintenance shall be done on a regular basis to maintain the preserve areas free of exotic vegetation and to limit nuisance species to no more than 10% of the total vegetative cover. Monitoring reports will be prepared on an annual basis and submitted to the SFWMD staff for 5 years. The monitoring reports will consist of panoramic photographs taken along the transect line at appropriate stations, water level reports taken from staff gauges on bi- weekly basis within Wetlands 1, 2 and 6, revegetation survival percentages, discussions of restoration effort and wildlife observations. Detailed mitigation, monitoring and maintenance data and plans are included as Exhibit(s) 2 and 12 -15. PROPOSED ON SITE MITIGATION: TOTAL ID MITIGATION ACREAGE COMMUNITY COMMUNITY NO TYPE MIT. TYPE ACREAGE UPLAND MIT 1 UPLAND COMP .98 PINE FLATWOODS .98 UPLAND MIT 2 UPLAND COMP 3.03 PINE FLATWOODS 3.03 UPLAND MIT 3 UPLAND COMP .98 PINE FLATWOODS .98 UPLAND MIT 4 UPLAND COMP 4.18 PINE FLATWOODS 4.18 TOTAL ON SITE MITIGATION ACREAGE: 9.17 9 Packet Page -250- WETLAND INVENTORY NOTE: Inventory does not include 4.94 acres of other surface waters (canal) or the impacts to the 4.94 acre canal. Uplands Other Compensation 9.17 SYSTEM OPERATION: Orangetree Homeowners Association PROPOSED LAND USE(S): Residential Commercial Mining . WATER USE PERMIT STATUS: A Water Use permit is not required for this project at this time. 10 WETLAND INVENTORY - NOD PHASE - VALENCIA AT ORANGETREE (SUB -BASIN 4) ONSITE Cypress Totals Marsh Trans. Mix Forest Q Total Wet. AC 22.5 0 0 0 22.5 C6 E Net. Preserved 19.06 0 0 0 19.06 a) N Net. Impacted 3.44 0 0 0 3.44 N N Net. Disturbed 0 0 0 0 0 _ Wet. Improved 0 0 0 0 0 Net. Created 0 0 0 0 0 Uplands Other Compensation 9.17 SYSTEM OPERATION: Orangetree Homeowners Association PROPOSED LAND USE(S): Residential Commercial Mining . WATER USE PERMIT STATUS: A Water Use permit is not required for this project at this time. 10 1/10/2012 Item 8.A. POTABLE WATER SUPPLIER: Orangetree Utility Company WASTE WATER SYSTEM /SUPPLIER: Orangetree Utility Company DRI STATUS: This project is not a DRI. SAYE OUR RIVERS: The project is not within or adjacent to lands under consideration by the Save Our Rivers program. SWIM BASIN: The project is not within nor does it discharge directly to a designated SWIM basin. RIGHT -OF -WAY PERMIT STATUS: A Right -of -Way Permit is not required for this Project. ENFORCEMENT ACTIVITY: There has been no enforcement activity associated with this application. THIRD PARTY INTEREST: No third party has contacted the District with concerns about this application. WELL FIELD ZONE OF INFLUENCE: The project is not located within the zone of influence of a wellfield. 11 Packet Page -252- F.- m N O N 0 PRIMARY ISSUES RESOLVED: Mitigation, monitoring and maintenance. V. APPLICABLE LAND AREA THIS PHASE includes all land area served by the SUB - BASIN -4 water management system. At this time the applicant proposes 438.45 acres of residential development, Valencia at Orangetree (Phase -I) within SUB - BASIN -4. All other lands within SUB - BASIN -4 will remain undeveloped, at this time, pending future construction. All PRESERVE area is located within PERVIOUS area indicated. PROJECT 12 THIS PHASE TOTAL PREVIOUSLY acres PROJECT PERMITTED TOTAL ACRES 716.70 53.25 WTRM ACREAGE 99.50 53.25 PAVEMENT 58.30 .00 BUILD COVERAGE 43.10 .00 PRESERVED 36.10 .00 PERVIOUS 515.80 .00 12 THIS PHASE 716.70 acres 46.25 acres 58.30 acres 43.10 acres 36.10 acres 515.80 acres 1/10/2012 Item 8.A. VI. STAFF RECOMMENDATION The Staff recommends that the following be issued: Modification to authorize Construction and Operation of (1) a surface water management system to serve 438.45 acres of the 716.7 acre RESIDENTIAL DEVELOPMENT and (2) a perimeter berm and control structure to serve the remaining 278.25 acres of Conceptually Approved lands in SUB - BASIN-4 of ORANGETREE. ORANGETREE is a 2,793.83 acre MULTI -USE development discharging to the GOLDEN GATE CANAL. Based on the information provided, District rules have been adhered to. Staff recommendation is for approval subject to the attached Standard Limiting and Special Conditions. DRAVT VII. STAFF REVIEW Subject to Governing AREA MANAGER Board Approval '':: u; ,:�-.� -' DATE: �C.' - Benjamin C. Pratt, P.E. NATURAL RESOURCE MANAGEMENT DIVISION APPROVAL APPLICATION REVIEWER Z - l eborah B.(MirZdllV DIVISION DIRECTOR: a Robert G. Robbins SUPERVISI G PROFE IO AL � Y/01 Y Z/ Kaf en M. John DATE: SURFACE WATER MANAGEMENT DIVISION APPROVAL P ICATII /]ON /REVI()EEW,ER SUPERVISING PROFESSIONAL I e wP1.•' \ Y Y' N . Wald L. ,arselou Clayt R. Mi ler, .E. DIUSION ,0IRECTOR: se, Y.L. DATE: 13 Packet Page -254- LIMITING CONDITIONS 1. THE PERMITTEE SHALL IMPLEMENT THE WORK AUTHORIZED IN A MANNER SO AS TO MINIMIZE ANY ADVERSE IMPACT OF THE WORKS ON FISH, WILDLIFE, NATURAL ENVIRONMENTAL VALUES, AND WATER QUALITY. THE PERMITTEE SHALL INSTITUTE NECESSARY MEASURES DURING THE CONSTRUCTION PERIOD, INCLUDING FULL COMPACTION OF ANY FILL MATERIAL PLACED AROUND NEWLY INSTALLED STRUCTURES, TO REDUCE EROSION, TURBIDITY, NUTRIENT LOADING AND SEDIMENTATION IN THE RECEIVING WATERS. Q 2. WATER QUALITY DATA FOR THE WATER DISCHARGED FROM THE PERMITTEE'S PROPERTY 06 OR INTO SURFACE WATERS OF THE STATE WILL BE SUBMITTED TO THE DISTRICT AS E REQUIRED BY SECTION 5.9, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - N MARCH, 1994." PARAMETERS TO BE MONITORED MAY INCLUDE THOSE LISTED IN CHAPTER 62 -3021 F.A.C. IF WATER QUALITY DATA IS REQUIRED, THE PERMITTEE N SHALL PROVIDE DATA ON VOLUMES OF WATER DISCHARGED, INCLUDING TOTAL VOLUME o DISCHARGED DURING THE DAYS OF SAMPLING AND TOTAL MONTHLY DISCHARGES FROM THE PROPERTY OR INTO SURFACE WATERS OF THE STATE. 3. THIS PERMIT SHALL NOT RELIEVE THE PERMITTEE OF ANY OBLIGATION TO OBTAIN NECESSARY FEDERAL, STATE, LOCAL OR SPECIAL DISTRICT APPROVALS. 4. THE OPERATION PHASE OF THIS PERMIT WILL NOT BECOME EFFECTIVE UNTIL THE DISTRICT'S ACCEPTANCE OF CERTIFICATION OF THE COMPLETED SURFACE WATER WATER MANAGEMENT SYSTEM. THE PERMITTEE SHALL REQUEST TRANSFER OF THE PERMIT TO THE RESPONSIBLE OPERATIONAL ENTITY ACCEPTED BY THE DISTRICT, IF DIFFERENT FROM THE PERMITTEE. THE TRANSFER REQUEST CAN BE SUBMITTED CONCURRENTLY WITH THE CONSTRUCTION COMPLETION CERTIFICATION. 5. ALL ROAD ELEVATIONS SHALL BE SET IN ACCORDANCE WITH THE CRITERIA SET FORTH IN SECTION 6.5, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, 1994." 6. ALL BUILDING FLOOR ELEVATIONS SHALL BE SET IN ACCORDANCE WITH THE CRITERIA SET FORTH IN SECTION 6.4, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, 1994." 7. OFF -SITE DISCHARGES WRING CONSTRUCTION AND DEVELOPMENT WILL BE MADE ONLY THROUGH THE FACILITIES AUTHORIZED BY THIS PERMIT. 8. A PERMIT TRANSFER TO THE OPERATION PHASE SHALL NOT OCCUR UNTIL A RESPONSIBLE ENTITY MEETING THE REQUIREMENT IN SECTION 9.0, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, 1994," HAS BEEN ESTABLISHED TO OPERATE AND MAINTAIN THE SYSTEM. THE ENTITY MUST BE PROVIDED WITH SUFFICIENT OWNERSHIP OR LEGAL INTEREST SO THAT IT HAS CONTROL OVER ALL 14 1/10/2012 Item 8.A. WATER MANAGEMENT FACILITIES AUTHORIZED HEREIN. 9. THE PERMIT DOES NOT CONVEY TO THE PERMITTEE ANY PROPERTY RIGHT NOR ANY RIGHTS OR PRIVILEGES OTHER THAN THOSE SPECIFIED IN THE PERMIT AND CHAPTER 40E -4, FAC. 10. THE PERMITTEE SHALL HOLD AND SAVE THE DISTRICT HARMLESS FROM ANY AND ALL DAMAGES, CLAIMS, OR LIABILITIES WHICH MAY ARISE BY REASON OF THE CONSTRUCTION, OPERATION, MAINTENANCE OR USE OF ANY FACILITY AUTHORIZED BY THE PERMIT. 11. THIS PERMIT IS ISSUED BASED ON THE APPLICANT'S SUBMITTED INFORMATION WHICH REASONABLY DEMONSTRATES THAT ADVERSE WATER RESOURCE RELATED IMPACTS WILL NOT BE CAUSED BY THE COMPLETED PERMIT ACTIVITY. SHOULD ANY ADVERSE IMPACTS CAUSED BY THE COMPLETED SURFACE WATER MANAGEMENT SYSTEM OCCUR, THE DISTRICT WILL REQUIRE THE PERMITTEE TO PROVIDE APPROPRIATE MITIGATION TO THE DISTRICT OR OTHER IMPACTED PARTY. THE DISTRICT WILL REQUIRE THE PERMITTEE TO MODIFY THE SURFACE WATER MANAGEMENT SYSTEM, IF NECESSARY, TO ELIMINATE THE CAUSE OF THE ADVERSE IMPACTS. 12. WITHIN 30 DAYS OF ISSUANCE OF THIS PERMIT, THE PERMITTEE OR AUTHORIZED AGENT SHALL NOTIFY THE DISTRICT (VIA THE SUPPLIED CONSTRUCTION COMMENCEMENT NOTICE OR EQUIVALENT) OF THE ACTUAL OR ANTICIPATED CONSTRUCTION START DATE AND THE EXPECTED COMPLETION DATE. 13. WHEN THE DURATION OF CONSTRUCTION EXCEEDS ONE YEAR, THE PERMITTEE OR AUTHORIZED AGENT SHALL SUBMIT CONSTRUCTION STATUS REPORTS ON AN ANNUAL BASIS (VIA THE SUPPLIED ANNUAL STATUS REPORT OR EQUIVALENT) BEGINNING ONE YEAR AFTER THE INITIAL COMMENCEMENT OF CONSTRUCTION. 14. WITHIN 30 DAYS AFTER COMPLETION OF CONSTRUCTION OF THE SURFACE WATER MANAGEMENT SYSTEM, THE PERMITTEE OR AUTHORIZED AGENT SHALL FILE A WRITTEN STATEMENT OF COMPLETION AND CERTIFICATION BY A FLORIDA REGISTERED PROFESSIONAL ENGINEER. THESE STATEMENTS MUST SPECIFY THE ACTUAL DATE OF CONSTRUCTION COMPLETION AND MUST CERTIFY THAT ALL FACILITIES HAVE BEEN CONSTRUCTED IN SUBSTANTIAL CONFORMANCE WITH THE PLANS AND SPECIFICATIONS APPROVED BY THE DISTRICT (VIA THE SUPPLIED CONSTRUCTION COMPLETION/ CONSTRUCTION CERTIFICATION OR EQUIVALENT). THE CONSTRUCTION COMPLETION CERTIFICATION MUST INCLUDE, AT A MINIMUM, EXISTING ELEVATIONS, LOCATIONS AND DIMENSIONS OF THE COMPONENTS OF THE WATER MANAGEMENT FACILITIES. ADDITIONALLY, IF DEVIATIONS FROM THE APPROVED DRAWING ARE DISCOVERED DURING THE CERTIFICATION PROCESS, THE CERTIFICATION MUST BE ACCOMPANIED BY A COPY OF THE APPROVED PERMIT DRAWINGS WITH DEVIATIONS NOTED. 15. WITHIN 30 DAYS OF ANY SALE, CONVEYANCE-OR OTHER TRANSFER OF ANY OF THE LAND WHICH IS PROPOSED FOR DEVELOPMENT UNDER THE AUTHORIZATION OF THIS PERMIT, THE PERMITTEE SHALL NOTIFY THE DISTRICT OF SUCH TRANSFER IN WRITING VIA EITHER FORM 04839 REQUEST FOR PERMIT TRANSFER; OR FORM 0920, REQUEST FOR TRANSFER OF SURFACE WATER MANAGEMENT CONSTRUCTION PHASE TO OPERATION PHASE (TO BE COMPLETED AND SUBMITTED BY THE OPERATING ENTITY), 15 Packet Page -256- W� F� N O N O IN ACCORDANCE WITH SECTIONS 40E- 1.6105 AND 4CE- 4.351, F.A.C. 16. A PRORATED SHARE OF SURFACE WATER MANAGEMENT RETENTION /DETENTION AREAS, SUFFICIENT TO PROVIDE THE REQUIRED FLOOD PROTECTION AND WATER QUALITY TREATMENT, MUST BE PROVIDED PRIOR TO OCCUPANCY OF ANY BUILDING OR RESIDENCE. 17. A STABLE, PERMANENT AND ACCESSIBLE ELEVATION REFERENCE SHALL BE ESTABLISHED ON OR WITHIN ONE HUNDRED (100) FEET OF ALL PERMITTED DISCHARGE STRUCTURES NO LATER THAN THE SUBMISSION OF THE CERTIFICATION REPORT. THE LOCATION OF THE ELEVATION REFERENCE MUST BE NOTED ON OR WITH THE CERTIFICATION REPORT. 18. IT IS THE RESPONSIBILITY OF THE PERMITTEE TO INSURE THAT ADVERSE OFF -SITE WATER RESOURCE RELATED IMPACTS DO NOT OCCUR DURING CONSTRUCTION. 19. THE PERMITTEE MUST OBTAIN A WATER USE PERMIT PRIOR TO CONSTRUCTION DEWATERING, UNLESS THE WORK QUALIFIES FOR A GENERAL PERMIT PURSUANT TO SUBSECTION 40E- 20.302(4), F.A.C. 16 1/10/2012 Item 8.A. SPECIAL CONDITIONS 1. MINIMUM BUILDING FLOOR ELEVATION: 16.71 FEET NGVD. 2. MINIMUM ROAD CROWN ELEVATION: 15.6 FEET NGVD. 3. DISCHARGE FACILITIES: STRUCTURE NO. 1: 1 -6' WIDE RECTANGULAR ORIFICE WEIR WITH CREST AT ELEV. 13' NGVD. 240 LF OF 3.5' DIA. RCP CULVERT. RECEIVING BODY : GOLDEN GATE CANAL VIA EXISTING CANAL CONTROL ELEV : 13 FEET NGVD. /13 FEET NGVD DRY SEASON. STRUCTURE NO. 2: 1 -3.25' WIDE RECTANGULAR ORIFICE WEIR WITH CREST AT ELEV. 13' NGVD. 50 LF OF 2.5' DIA. RCP CULVERT. RECEIVING BODY : GOLDEN GATE CANAL CONTROL ELEV : 13 FEET NGVD. /13 FEET NGVD DRY SEASON. 4. THE PERMITTEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY EROSION, SHOALING OR WATER QUALITY PROBLEMS-T RAAT-- RESLFL- T--rROM THE STRUCTION OR OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM. 5. MEASURES SHALL BE TAKEN DURING CONSTRUCTION TO INSURE THAT SEDIMENTATION AND /OR TURBIDITY PROBLEMS ARE NOT CREATED IN THE RECEIVING WATER. 6. THE DISTRICT RESERVES THE RIGHT TO REQUIRE THAT ADDITIONAL WATER QUALITY TREATMENT METHODS BE INCORPORATED INTO THE DRAINAGE SYSTEM IF SUCH MEASURES ARE SHOWN TO BE NECESSARY. 7. LAKE SIDE SLOPES SHALL BE NO STEEPER THAN 4:1 (HORI20NTAL:VERTICAL) TO A DEPTH OF TWO FEET BELOW THE CONTROL ELEVATION. SIDE SLOPES SHALL BE NURTURED OR PLANTED FROM 2 FEET BELOW TO 1 FOOT ABOVE CONTROL ELEVATION TO INSURE VEGETATIVE GROWTH. 8. FACILITIES OTHER THAN THOSE STATED HEREIN SHALL NOT BE CONSTRUCTED WITHOUT AN APPROVED MODIFICATION OF THIS PERMIT. 9. UPON COMPLETION OF CONSTRUCTION, AND ON AN ANNUAL BASIS (MARCH OF EACH YEAR) THE PERMITTEE SHALL SUBMIT REPORTS TO THIS DISTRICT FOR STRUCTURAL ADEQUACY OF THE PERMITTED IMPOUNDMENT. SUCH REPORTS SHALL INCLUDE PROPOSAL OF TECHNIQUE AND SCHEDULE FOR REPAIR OF ANY DEFICIENCIES NOTED 17 Packet Page -258- m N 0 N 0 AND SHALL BE SIGNED AND SEALED BY A FLORIDA REGISTERED PROFESSIONAL ENGINEER. 10. ALL SPECIAL CONDITIONS PREVIOUSLY STIPULATED BY PERMIT NUMBER 11- 00418 -S REMAIN IN EFFECT UNLESS OTHERWISE REVISED AND SHALL APPLY TO THIS MODIFICATION. 11. OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE RESPONSIBILITY OF ORANGETREE HOMEOWNERS ASSOCIATION. THE PERMITTEE SHALL SUBMIT A COPY OF THE RECORDED DEED RESTRICTIONS (OR DECLARATION OF CONDOMINIUM, IF APPLICABLE), A COPY OF THE FILED ARTICLES OF INCORPORATION, AND A COPY OF THE CERTIFICATE OF INCORPORATION FOR THE HOMEOWNERS ASSOCIATION CONCURRENT WITH THE ENGINEERING CERTIFICATION OF CONSTRUCTION COMPLETION. 12. SILT SCREENS, HAY BALES OR OTHER SUCH SEDIMENT CONTROL MEASURES SHALL BE UTILIZED DURING CONSTRUCTION. THE SELECTED SEDIMENT CONTROL MEASURES SHALL BE INSTALLED LANDWARD OF THE UPLAND BUFFER ZONES AROUND ALL PROTECTED WETLANDS. ALL AREAS SHALL BE STABILIZED AND VEGETATED IMMEDIATELY AFTER CONSTRUCTION TO PREVENT EROSION INTO THE WETLANDS AND UPLAND BUFFER ZONES. 13. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, THE PERIMETER OF THE PROTECTED WETLANDS AND BUFFER ZONES SHALL BE STAKED AND ROPED TO PREVENT ENCROACHMENT INTO THE WETLANDS. THE PERMITTEE SHALL NOTIFY THE SFWMD'S ENVIRONMENTAL COMPLIANCE STAFF IN WRITING UPON COMPLETION OF ROPING AND STAKING AND SCHEDULE AN INSPECTION OF THIS WORK. THE ROPING AND STAKING SHALL BE SUBJECT TO SFWMD STAFF APPROVAL. THE PERMITTEE SHALL MODIFY THE STAKING AND ROPING IF SFWMD STAFF DETERMINES IT IS INSUFFICIENT OR IS NOT IN CONFORMANCE WITH THE INTENT OF THIS PERMIT. STAKING AND ROPING SHALL REMAIN IN PLACE UNTIL ALL ADJACENT CONSTRUCTION ACTIVITIES ARE COMPLETE. 14. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, THE PERIMETER OF THE PROTECTED UPLANDS AREAS SHALL BE STAKED AND ROPEDJO, PREVENT ENCROACHMENT INTO THE UPLAND PRESERVATION AREAS. THE PERMITTEE SHALL NOTIFY THE SFWMD'S ENVIRONMENTAL COMPLIANCE STAFF IN WRITING UPON COMPLETION OF ROPING AND STAKING AND SCHEDULE AN INSPECTION OF THIS WORK. THE PERMITTEE SHALL MODIFY THE STAKING AND ROPING IF SFWMD STAFF DETERMINES IT IS INSUFFICIENT OR IS NOT IN CONFORMANCE WITH THE INTENT OF THIS•PERMIT. STAKING AND ROPING SHALL REMAIN IN PLACE UNTIL ALL ADJACENT CONSTRUCTION ACTIVITIES ARE COMPLETE. 15. THE SFWMD RESERVES THE RIGHT TO REQUIRE REMEDIAL MEASURES TO BE TAKEN BY THE PERMITTEE IF WETLAND AND /OR UPLAND MONITORING OR OTHER INFORMATION DEMONSTRATES THAT ADVERSE IMPACTS TO PROTECTED, CONSERVED, INCORPORATED OR MITIGATED WETLANDS OR UPLANDS HAVE OCCURRED DUE TO PROJECT RELATED ACTIVITIES. lb. ANY FUTURE CHANGES IN LAND USE OR TREATMENT OF WETLANDS AND /OR UPLAND BUFFER /COMPENSATION AREAS MAY REQUIRE A SURFACE WATER MANAGEMENT PERMIT 18 1/10/2012 Item 8.A. MODIFICATION AND ADDITIONAL ENVIRONMENTAL REVIEW BY DISTRICT STAFF. PRIOR TO THE PERMITTEE INSTITUTING ANY FUTURE CHANGES NOT AUTHORIZED BY THIS PERMIT, THE PERMITTEE SHALL NOTIFY THE SFWMD OF SUCH INTENTIONS FOR A DETERMINATION OF ANY NECESSARY PERMIT MODIFICATIONS. 17. THE PERMITTEE SHALL BE RESPONSIBLE FOR THE SUCCESSFUL COMPLETION OF THE MITIGATION WORK, INCLUDING THE MONITORING AND MAINTENANCE OF THE MITIGATION AREAS FOR THE DURATION OF THE PLAN. THE MITIGATION AREA(S) SHALL NOT BE TURNED OVER TO THE OPERATION ENTITY UNTIL THE MITIGATION WORK IS ACCOMPLISHED AS PERMITTED AND SFWMD STAFF HAS CONCURRED. 18. A WETLAND MITIGATION PROGRAM SHALL BE IMPLEMENTED IN ACCORDANCE WITH EXHIBIT(S) 2 AND 12 -15. THE PERMITTEE SHALL PROTECT 9.17 ACRES OF UPLAND COMPENSATION AREA(S). 19. THE WETLAND CONSERVATION AREAS AND UPLAND BUFFER ZONES AND /OR UPLAND PRESERVATION AREAS SHOWN ON EXHIBITS) 2 AND 12 MAY IN NO WAY BE ALTERED FROM THEIR NATURAL STATE. ACTIVITIES PROHIBITED WITHIN THE CONSERVATION AREAS INCLUDE, BUT ARE NOT LIMITED TO: CONSTRUCTION OR PLACING OF BUILDINGS ON OR ABOVE THE GROUND; DUMPING OR PLACING SOIL OR OTHER SUBSTANCES SUCH AS TRASH; REMOVAL OR DESTRUCTION OF TREES, SHRUBS, OR OTHER VEGETATION - WITH THE EXCEPTION OF EXOTIC /NUISANCE VEGETATION REMOVAL; EXCAVATION, DREDGING, OR REMOVAL OF SOIL MATERIAL; DIKING OR FENCING; AND ANY OTHER ACTIVITIES DETRIMENTAL TO DRAINAGE, FLOOD CONTROL, WATER CONSERVATION, EROSION CONTROL, OR FISH AND WILDLIFE HABITAT CONSERVATION OR PRESERVATION. 20. WETLAND PRESERVATION /MITIGATION AREAS, UPLAND BUFFER ZONES AND /OR UPLAND PRESERVATION AREAS SHALL BE DEDICATED AS CONSERVATION AND COMMON AREAS IN THE DEED RESTRICTIONS /CONSERVATION EASEMENTS AS WELL AS ON THE PLAT IF THE PROJECT WILL BE PLATTED. RESTRICTIONS FOR USE OF THE CONSERVATION /COMMON AREAS SHALL STIPULATE: THE WETLAND PRESERVATION /MITIGATION AREAS, UPLAND BUFFER ZONES, AND /OR UPLAND PRESERVATION AREAS ARE HEREBY DEDICATED AS CONSERVATION AND COMMON AREAS. THE CONSERVATION /COMMON AREAS SHALL BE THE PERPETUAL RESPONSIBILITY OF ORANGE TREE HOMEOWNE'S ASSOCIATION, INC. AND MAY IN NO WAY BE ALTERED FROM THEIR NATURAL STATE AS DOCUMENTED IN PERRIT FILE, WITH THE EXCEPTION OF PERMITTED RESTORATION ACTIVITIES. ACTIVITIES PROHIBITED WITHIN THE CONSERVATION AREAS INCLUDE, BUT ARE NOT LIMITED TO: CONSTRUCTION OR PLACING SOIL OR OTHER SUBSTANCES SUCH AS TRASH REMOVAL OR DESTRUCTION OF TREES, SHRUBS, OR OTHER VEGETATION - WITH THE EXCEPTION OF EXOTIC /NUISANCE VEGETATION REMOVAL; EXCAVATION, DREDGING, OR REMOVAL OF SOIL MATERIAL; DIKING OR FENCING; AND ANY OTHER ACTIVITIES DETRIMENTAL TO DRAINAGE, FLOOD CONTROL, WATER CONSERVATION, EROSION CONTROL, OR FISH AND WILDLIFE HABITAT CONSERVATION OR PRESERVATION. COPIES OF RECORDED DOCUMENTS SHALL BE SUBMITTED CONCURRENT WITH ENGINEERING CERTIFICATION OF CONSTRUCTION COMPLETION. 19 Packet Page -260- pi. r. a� N o N 0 21. (A) NO LATER THAN SEPTEMBER 30, 1996, THE PERMITTEE SHALL SUBMIT FOR REVIEW AND APPROVAL, TWO (2) COPIES OF THE FOLLOWING: 1. PROJECT MAP IDENTIFYING CONSERVATION AREA(S) 2. LEGAL DESCRIPTION OF CONSERVATION AREA(S) 3. SIGNED CONSERVATION EASEMENT 4. SEALED BOUNDARY SURVEY OF CONSERVATION AREA(S) BY PROFESSIONAL LAND SURVEYOR 5. TITLE INSURANCE COMMITMENT FOR CONSERVATION EASEMENT NAMING DISTRICT AS BENEFICIARY USING APPROVED VALUATION 6. GIS DISK (WITH STATE PLANAR COORDINATES) IF AVAILABLE THE ABOVE INFORMATION SHALL BE SUBMITTED TO THE NATURAL RESOURCE MANAGEMENT POST PERMIT COMPLIANCE STAFF IN THE DISTRICT SERVICE CENTER WHERE THE APPLICATION WAS SUBMITTED. B) THE REAL ESTATE INFORMATION REFERENCED IN PARAGRAPH (A) ABOVE SHALL BE REVIEWED BY THE DISTRICT IN ACCORDANCE WITH THE DISTRICT'S REAL ESTATE REVIEW REQUIREMENTS DESCRIBED IN THE ATTACHED EXHIBIT 18. THE EASEMENT SHOULD NOT BE RECORDED UNTIL SUCH APPROVAL IS RECEIVED. (C) THE PERMITTEE SHALL RECORD A CONSERVATION EASEMENT(S) OVER THE REAL PROPERTY DESIGNATED AS A CONSERVATION / PRESERVATION / MITIGATION AREA(S) ON ATTACHED EXHIBIT 19. THE EASEMENT SHALL BE GRANTED FREE OF ENCUMBRANCES OR INTERESTS WHICH THE DISTRICT DETERMINES ARE CONTRARY TO THE INTENT OF THE EASEMENT. THE CONSERVATION EASEMENT SHALL BE GRANTED TO THE DISTRICT USING THE APPROVED FORM ATTACHED HERETO AS EXHIBIT 17. ANY PROPOSED MODIFICATIONS TO THE APPROVED FORM MUST RECEIVE PRIOR WRITTEN CONSENT FROM THE DISTRICT. 0) THE PERMITTEE SHALL RECORD THE CONSERVATION EASEMENT IN THE PUBLIC RECORDS WITHIN 14 DAYS OF RECEIVING THE DISTRICT'S APPROVAL OF THE REAL ESTATE INFORMATION. UPON RECORDATION, THE PERMITTEE SHALL FORWARD THE ORIGINAL RECORDED EASEMENT, AND TITLE INSURANCE POLICY, TO THE NATURAL RESOURCE MANAGEMENT POST PERMIT COMPLIANCE STAFF IN THE DISTRICT SERVICE CENTER WHERE THE APPLICATION WAS SUBMITTED. E) IN THE EVENT THE CONSERVATION EASEMENT REAL ESTATE INFORMATION REVEALS ENCUMBRANCES OR INTERESTS IN THE EASEMENT WHICH THE DISTRICT DETERMINES ARE CONTRARY TO THE INTENT OF THE EASEMENT, THE PERMITTEE SHALL BE REQUIRED TO PROVIDE RELEASE OR SUBORDINATION OF SUCH ENCUMBRANCES OR INTERESTS. IF SUCH ARE NOT OBTAINED, PERMITTEE SHALL BE REQUIRED TO APPLY FOR A MODIFICATION TO THE PERMIT FOR ALTERNATIVE ACCEPTABLE MITIGATION. 22. ACTIVITIES ASSOCIATED WITH IMPLEMENTATION OF THE WETLAND MITIGATION, MONITORING AND MAINTENANCE SHALL BE IN ACCORDANCE WITH THE FOLLOWING WORK SCHEDULE. ANY DEVIATION FROM THESE TIME FRAMES SHALL REQUIRE FORMAL SFWMD APPROVAL. SUCH REQUESTS MUST BE MADE IN WRITING AND SHALL INCLUDE (1) REASON FOR THE MODIFICATION; (2) PROPOSED START /FINISH DATES; AND (3) PROGRESS REPORT ON THE STATUS OF THE EXISTING MITIGATION EFFORTS. 20 COMPLETION DATE ACTIVITY 1/10/2012 Item 8.A. SEPTEMBER 30, 1997 PLANTING MITIGATION AREA SEPTEMBER 30, 1997 TIME ZERO MONITORING REPORT SEPTEMBER 30, 1997 SUBMIT REQUESTED INFORMATION FOR CONSERVATION EASEMENT SEPTEMBER 30, 1998 FIRST MONITORING REPORT SEPTEMBER 30, 1999 SECOND MONITORING REPORT SEPTEMBER 30, .2000 THIRD MONITORING REPORT SEPTEMBER 30, 2001 FOURTH MONITORING REPORT SEPTEMBER 30, 2002 FIFTH MONITORING REPORT 23. A MAINTENANCE PROGRAM SHALL BE IMPLEMENTED IN ACCORDANCE WITH EXHIBITS) AND 12 -15 FOR THE PRESERVED WETLAND AREAS, UPLAND PRESERVATION AREAS AND UPLAND BUFFER ZONES ON A REGULAR BASIS TO ENSURE THE INTEGRITY AND VIABILITY OF THE CONSERVATION AREA(S) AS PERMITTED. MAINTENANCE SHALL BE CONDUCTED IN PERPETUITY TO ENSURE THAT THE CONSERVATION AREAS ARE MAINTAINED FREE FROM EXOTIC VEGETATION (BRAZILIAN PEPPER, MELALEUCA, AND AUSTRALIAN PINE) AND THAT OTHER NUISANCE SPECIES SHALL CONSTITUTE NO MORE THAN 10% OF TOTAL COVER. 24. A WETLAND MITIGATION PROGRAM SHALL BE IMPLEMENTED IN ACCORDANCE WITH EXHIBITS 2 AND 12 -15. THE PERMITTEE SHALL PROTECT AND ENHANCE 9.17 ACRES OF UPLAND COMPENSATION AREAS. 25. A WETLAND MONITORING PROGRAM AND MAINTENANCE PROGRAM SHALL BE IMPLEMENTED IN ACCORDANCE WITH EXHIBITS 2 AND 12 -15. THE MONITORING PROGRAM SHALL EXTEND FOR A PERIOD OF 5 YEARS WITH ANNUAL REPORTS SUBMITTED TO THE SFWMD STAFF. AT THE END OF THE FIRST MONITORING PERIOD THE MITIGATION AREA SHALL CONTAIN AN 80% SURVIVAL OF PLANTED VEGETATION. THE 80% SURVIVAL RATE SHALL BE MAINTAINED THROUGHOUT THE REMAINDER OF THE MONITORING PROGRAM. AT THE END OF THE 5 YEARS MONITORING PROGRAM THE MITIGATION AREAS SHALL CONTAIN AN 80% SURVIVAL OF PLANTED VEGETATION AND 80% COVERAGE OF DESIRABLE UPLAND SPECIES. 26. A TIME ZERO MONITORING REPORT SHALL BE CONDUCTED IN ACCORDANCE WITH EXHIBITS 2 AND 12 -15 FOR ALL MITIGATION AREAS AND SHALL INCLUDE A SURVEY OF THE AREAL EXTENT OF THE EXOTIC REMOVAL AND PLANTED AREAS, PANORAMIC PHOTOGRAPHS, AND A DESCRIPTION OF PLANTED SPECIES SIZES. 27. UPON SUBMITTAL OF AN APPLICATION FOR CONSTRUCTION APPROVAL INVOLVING WETLANDS 3 -7, THE PERMITTEE SHALL SUBMIT DETAILS OF HOW THE WETLANDS WILL BE INCORPORATED INTO THE WATER MANAGEMENT SYSTEM IN ORDER TO MAINTAIN THE ADEQUATE HYRDROLOGY FOR THE WETLANDS AND TO PROVIDE ADEQUATE WATER QUALITY TREATMENT OF SURFACE WATER DIRECTED TO THE PRESERVED WETLANDS. 21 Packet Page -262- t , O S� l-c- ORk CRFWi PRO MET: VALENCIA @ ORANGETREE I,OCAU-OI,-L-- COLLEER COUNTY, S23,24/T48S/R27E EXHIBIT I NX i' .• se • • � i i r �s • 1/10/2012 Item 8.A. msl` -------------- - Z. �i !•f- •�j� w 1 .��`�� i }�Ai ^..• /J %l II'¢ N:A}ttl F� ♦ 1 �'yt c � E _ 'y..eiw$f• ii: E :f is o- � i[D.�� .' :.'::.. D S �•� aJ r. Q .!li i� 4 s 1 ;� .sYwpi y• Z� i� . 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It o T Tr bry F F C ■ _� Rg K �•i no I T ' i? m r N. i J• FJ JE �• 9 rre A A M Q A 1 D I I � 1 � gut �-11 D A fr i \ zl m r €�!) (` F ■ la a T— J..J � 5 AT f; s ��� I+ t � R • g a v !. 7# ■ S� R L• i Al - E s � � • a� rr 44 Ig �€ 4 { i fill #fz iM t � �E[A • #`• tr i 1-S j g FJ JE �• 9 rre A A M Q A 1 D I I � 1 � gut �-11 D A fr i \ zl m r €�!) (` F ■ la a T— J..J � 5 AT �3 t IYyru�£ F �s G• i! y_I w n !tt S 1Z' is } � N � F ou x � o C X O n S s r• ..j Iti� z r t R -�O � � rn �w N I i a Ei e�4 ,�T X91; �s M I !tt S 1Z' is F Yt 4 — p s i Y 2 2 nS: S N 0 A $ F� Fi Packet Page -272- 1/10/2012 Item 8.A. F. i-- -� z it, 0 ..i i4! f`c K _yq; tC E` Etab� EXHIBIT 10. &a w � � a) N T_ O N 0 � ||r f m ! V | .1 . § | S� || k § . � r � . .' � ? f ■ © � ■ t o « . � | E � 8 | � . of . | l ■ §� . �. ;ZUM z � ■ | ■ w / � � . -1 K 2 �2 |§ \ , | }� | r � <#;! |2■| � ■;�#� &�| � ■,��v�! � i § � � k | `Q I � � | \ — 4 ! i | | � | \ tip III W �! /■ « � ( EXHIBIT-1 I *. , Fr_r �. ���� _1J_JI:�t_l. J•! �t7 )`�, l�.f t,`�Y��� � �S -��` ti w C l i • T v rC.y: • �ij � S 1/10/201 _�J-111_ (. lll— i-rrf"i�I, '": T 1'17 T T T T—'((�— I� s Cam' / • �'`!r � •;r 1 � I. `4t i•� •I /�' �•�" its 1 ,T •'�' 1 ym ri rn f� Y A z q••�� P i f 6. 1 ]i � ti 1i :. : ?i:•::'�'ii °.ii• � 9 'Lill , Fr_r �. ���� _1J_JI:�t_l. J•! �t7 )`�, l�.f t,`�Y��� � �S -��` ti w C l i • T v rC.y: • �ij � S 1/10/201 _�J-111_ (. lll— i-rrf"i�I, '": T 1'17 T T T T—'((�— I� s Cam' / • �'`!r � •;r 1 � I. `4t i•� •I /�' �•�" its Packet Page -274- 3 a {I III 'i I,I =M– V •-.— 2 Ite Pr r% EX H I B. 11-0 - I rn � � � Vin.•: :k :. : ?i:•::'�'ii °.ii• 9 'Lill a Lft t (� � !L t•{ � t II S ! i fill;' Packet Page -274- 3 a {I III 'i I,I =M– V •-.— 2 Ite Pr r% EX H I B. 11-0 - I rn a PI t (� � !L t•{ � t ,• S ! i Packet Page -274- 3 a {I III 'i I,I =M– V •-.— 2 Ite Pr r% EX H I B. 11-0 - I a) N O N O F:QRANMVAL.20 VALENCIA AT ORANGETREE WETLAND MONITORING AND MAINTENANCE PROGRAM WETLAND MITIGATION PLAN Prepared by: Q. Grady Minor & Associates, P.A. Civil Engineers ■ Land Surveyors ■ Planners 3800 Via Del Rey Bonita. Springs, Florida 33923 (813) 947 -1144 FEBRUARY, 1995 (REVISED FEBRUARY, 1996) (REVISED MAY, 1996) EXHIBIT 13 1/10/2012 Item 8.A. Impacts /Mitigation The proposed construction of the surface water management system, golf course and residential community for the project will impact 1.22 acres of jurisdictional wetlands. The 1.22 acres of wetland impacts will be offset by enhancing and preserving 9.17 acres of uplands adjacent to the proposed preserved wetlands and the preserved buffers as depicted on the project plans. Enhancment/Exotic Removal Plan Exotic vegetation shall be controlled over the wetland preserve area, upland compensation area and buffer area by using appropriate EPA approved herbicides. After exotic vegetation removal, open spaces within the upland compensation area shall be planted with Florida Slash Pines at 25' centers. Eighty percent of the planted slash pines shall survive after a one year period. If less than eighty percent survive, additional slash pines shall be planted for an eighty percent survival rate. Maintenance Maintenance shall be done on a regular basis to ensure the integrity and viability of the wetland preserves, preserved upland buffers and upland compensation arees and the maintenance shall be conducted in perpetuity to ensure that the preserve areas are free of exotic vegetation (Brazilian pepper, melaleuca, climbing fern and Australian pine) and the nuisance species (cattails, primrose willow, grapevine, etc.) constitute no more than 10% of the total vegetative coverage. Monitoring Plan Monitoring reports shall be prepared on an annual basis in September of the year and submitted to South Florida Water Management District staff for 5 years, or 3 years after the re- establishment of the approved hydric cycles. The monitoring report shall consist of the following items. 1. Panoramic photographs taken along the transect line at appropriate stations. 2. Water level reports taken from staff gauges on bi- weekly basis within wetlands 1, 2, and 6. 3. Revegetation survival percentages, discussion of restoration effort. 4. Wildlife observations. EXHIBIT I'{ Packet Page -276- El Mann I $t 1 z M 9. s N f :Z :rn _ rn !- > > m0 zv � D v °o r_- v M M U) o m� 0 Z- 0 awn—= >oo ,z 0 �c�o � M o U, z Z- 0 awn—= 1/10/2012 Item 8.A. MITIGATION EXHIBIT PAGE 1 OF I WETLAND PRESERVATION /RESTORATION /CREATION /UPLAND COMPENSATION INFORMATION APPLICATION NO.: 941104 -12 die## r�rkilrit ,�t�r�r,k�r *ir *�t�t,Ar�r�rir Ir�, �tk�r�ek�i�nk +k#e **,k�r,k,�rirlr, kink *Ink�rdt�,k,k,kki�k�r�tir,klc ID: UPLAND MIT 1 PLAN ID: VALENCIA AT ORANGETR OBJECTIVE: UPLAND COMP TOTAL EXISTING ACREAGE: QUALITY: OBJECTIVE ACREAGE: 0.98 COMMUNITY TYPE: ACREAGE: PINE FLATWOODS 0.98 **, kkir�ir** ��ir+ k��r�, ��* �i► �k*, �, �e�* �riri��**, k�r�i<�k *i,�k * *�xi�k�i� *� * *i� *� ID: UPLAND MIT 2 PLAN ID: VALENCIA AT ORANGETR OBJECTIVE: UPLAND COMP TOTAL EXISTING ACREAGE: QUALITY: OBJECTIVE ACREAGE: 3.03 COMMUNITY TYPE: ACREAGE: PINE FLATWOODS 3.03 ,kir,k,k ki��Ae* ieilrk** itikir * *�k *!E * * *i< *ileltike'irie *#fir* *fit *+ktk� * * *it�i�ci** *irk * ** ID: UPLAND MIT 3 PLAN ID: VALENCIA AT ORANGETR OBJECTIVE: UPLAND COMP TOTAL EXISTING ACREAGE: QUALITY: OBJECTIVE ACREAGE: 0.98 COMMUNITY TYPE: ACREAGE: PINE FLATWOODS 0.98 **+ k* irirk�+ k #rk+kk+kiririnkAnk�kkiritk Ark* ink*# MrilMrilr�kktkfk+ kk* k# r�r# �* irirk* iriritit�kktk* i� #t�lt�ititir�lr�it #inkirkktk 10: UPLAND MIT 4 PLAN ID: VALENCIA AT ORANGETR OBJECTIVE: UPLAND COMP TOTAL EXISTING ACREAGE: QUALITY: OBJECTIVE ACREAGE: 4.18 COMMUNITY TYPE: ACREAGE: PINE FLATWOODS 4.18 EXHIBIT 16— Packet Page -278- passive d�aH0e1 tcnn DEED OF CONSERVATION EASEMEt r 10 `� " 2 m January 4. t998 • •• •�••^ r =RItiC:.. r`rr.•�� THIS DEED OF CONSERVATION EASEMENT Is given this day Of ,19 .by orancretree Associates (address) 2901 St rlina Road- Sui:Lp 201201; Ft- T,aud rdale.FL 33312 ( "Grantor") to the South Florida Water Management District ('Grantee'). As used herein, the term Grantor shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and the term Q Grantee shall include any successor or assignee of Grantee. 06 WITNESSETH E a) WHEREAS, the Grantor is the owner of certain lands situated in Collie County, N Florida, and more specifically described in Exhibit A attached hereto and incorporated o herein by reference ( "Property'); and N O WHEREAS, the Grantor desires to construct (name of project)yaleacia At Orange r ('Project ") at a site in roll i er County, which is subject to the regulatory jurisdiction of South Florida Water Management District ( "District'); and WHEREAS, District Permit No. 11- 00418 -S ( "Permit ") authorizes certain activities which affect surface waters in or of the State of Florida; and WHEREAS, this Permit requires that the Grantor preserve and/or mitigate wetlands under the District's jurisdiction; and WHEREAS, the Grantor has developed and proposed as part of the permit conditions a conservation tract and maintenance buffer involving preservation of certain wetland and/or upland systems on the Property; and WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and securing to the Grantee a perpetual conservation easement as defined in Section 704.06, Florida Statutes (1993), over the Property. NOW, THEREFORE, In consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable. consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual conservation easement for and in favor of the Grantee upon the Property which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. a: tesmt:zm3 .pis ADDUREVISED SUBMI T L 1 of S APR .... EXHIBIT 17 /x} 1/10/2012 Item 8.A. The scope, nature, and character of this conservation eas tq1S9t shalt be as follows: 941104-12 1. It is the purpose of this conservation easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wdode'd'c8l58it{ rW. -a6d M-J- to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in the conservation easement which are to be enhanced or created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions required by the Permit. To carry out this purpose, the following rights are conveyed to Grantee by this easement: a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and b. To enjoin any activity on or use of the Property that is inconsistent with this conservation easement and to enforce the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 2. Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, which are permitted or required �- by the Permit, the following activities are prohibited in or on the Property: a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; C. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic vegetation in accordance with a District approved maintenance plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain In its natural condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but a: \esmef=43.pas 2 of 5 ADDUREVISED SUBMV V . YFRS SERVICE CENTER EXHIBIT 17fl Packet Page -280- not limited to, ditching, diking and fencing; . 4— s C.,F% . e •. -'f ive t:S I- r 941104-12 water areas; g. Acts or uses detrimental to such aforementioned retention of land or h. Acts or uses within Grantor's regulatory jurisdiction which are detrimental to the preservation of any features or aspects of the Property having historical or archaeological significance. 3. Grantor reserves all rights as owner of the Property, including the right to. engage in uses of the Property that are not prohibited herein and which are not Q inconsistent with any District Rule, criteria, permit and the intent and purposes of this 06 Conservation Easement. Passive recreational activities which are not contrary to the E purpose of this conservation easement may be permitted upon written approval by the a� District. The Grantor may conduct limited land clearing for the purpose of constructing N such pervious facilities as docks, boardwalks, or mulched walking trails. Grantor shall submit plans for the construction of proposed facilities to the District for approval prior to N construction. Grantor shall minimize and avoid, to the fullest extent possible, impact to C any wetland or upland buffer areas within the Conservation Easement Area. Any such work shall be subject to all applicable federal, state or local permitting requirements. 4. No right of access by the general public to any portion of the Property is conveyed by this conservation easement. �-.. S. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Property. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Property. 7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions and restrictions of this conservation easement shall be borne by and recoverable against the non - prevailing party in. such proceedings. 8. Enforcement of the terms, provisions and restrictions of this conservation easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 9. Grantee will hold this conservation easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this conservation easement except to another organization qualified to hold such interests under the applicable state laws. a:kesmtfzm3.pas 3 of 5 ADDUREVIISEE- SU: IMTTAL F r1 ! �' AM; "'::"T MYER'S SERVICE CENTER EXHIBIT 176 941- 1 /10/2012 Item 8.A. 10. If any provision of this conservation easement or -the- appiieatiramther►eof-.toi--- any person or circumstances is found to be invalid, the remainder of the provisions of this AMW conservation easement shall not be affected thereby, as long as the purpose of the conservation easement is preserved. 11. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor -in- interest. 12. The terms, conditions, restrictions and purpose of this conservation easement shall be inserted by Grantor in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property. Any future holder of the Grantor's interest in the Property shalt be notified in writing by Grantor of this conservation easement. 13. This conservation easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors -in- interest, which shall be filed in the public records in copier Counbl. TO . HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purpose imposed with this conservation easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear of all encum6r�rtices; that Grantor has good right and lawful authority to convey this conservation easement; and that it hereby fully warrants and defends the title to the conservation easement hereby conveyed against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Roberto Bollt has hereunto set its authorized hand this day of 199_. Signed, sealed and delivered in our presence as witnesses: Print Name: Print Name: Oranaetree Associates , A Florida corporation By: Print fame: Roberto Bolit Title: Trustee a: \esmtf=3 pas -- _� �,._.. _ 4 of S ADDURE.VISEC StiGtliirhI .. t HIE ' .' EXHIBIT €. MYERS SERVICE CEN Et Packet Page -282- 17 P e t N N 0 N 0 C. STATE OF FLORIDA ss: COUNTY OF +41144•X2 On this day of .189 before me, the undersigned notary public, personally appeared Roberto Sollt , personally known to me to be the person who subscribed to the foregoing instrument and did not take an oath, as the (position) Trustee , of ( corporation) orange tree Associates a Florida corporation, and acknowledged that he executed the same on behalf of said corporation and that he was duly authorized to do so. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA Print Name: My Commission Expires: South Florida Water Management District Legal Form Approved: Date: l a:les=fna3.pas S of 5 ADJI II�tEVISE7 S�ti 101TIn�. f r Apt" `•`YERS SERVICE (:ENTER EXHIBIT 17E revised MAWS 1/10/2012 Item 8.A. EXHIBIT 2 INSTRUCTIONS FOR REAL ESTATE DIVISION'S APPROVAL OF CONSERVATION EASEMENT' The following items must be submitted the South Florida Water Management District ( "District "), for review and approval, by and at the expense of the Permittee, prior to recording / conveying a conservation easement to the South Florida Water Management District. This information should be submitted to the Natural Resource Management Division's Post - Permit Compliance staffin the Service Center where the application was processed: 1) Final Executed Conservation Easement in recordable form. This easement should be identical to that which received prior approval from the District and which was attached as an exhibit to the permit staff report. Deviations will not be accepted unless they have received approval from the District's Office of Counsel. (2) Signed and sealed survey information with legal description and plat (if property currently platted). The survey document and legal description should be attached as exhibits to the conservation easement. A boundary or specific purpose survey of the conservation easement area, whichever survey document was required by the permit condition, must be prepared by a surveyor registered in the State of Florida. Surveys must meet the requirements of the District and the minimum technical standards set forth by the Board of Professional Land Surveyors in Chapter 61 G 17 -6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. The survey shall include mapping those easements, exceptions and encumbrances revealed in the title documentation. If available, the survey boundary shall be submitted in standard digital format for inclusion in the District's GIS coverage. (3) Title Insurance, Attorney Title Opinion and Owner Affidavit (whichever required by permit condition). (a) Title Insurance Commitment. The permittee must submit to the District for review and approval a title insurance e issued by a title insurer approved by the District. The title insurance commitment should commit to issuance of a title insurance policy for the conveyance, listing the 'These instructions are current as of today's date. However, they may be amended to address small projects. 10; 3 EXHIBIT 181' Packet Page -284- District as the beneficiary, in an amount equal to the appraised value, or other method of market analysis acceptable to the District, of the interest being conveyed. As part of the title insurance commitment, the permittee shall provide complete legible copies of all supporting documentation to all Schedule B title exceptions. Attorney title opinions should be less than thirty (30) days old and should contain all supporting documentation for title exceptions. Owners Affidavit of Ownership and No Liens should be signed by the property owner and should be less than thirty (30) days old. (b) The District will review the title documentation and supporting Q information upon receipt. If the District finds the title is defective or includes 06 encumbrances which are incompatible with the easement conveyance, the E District shall notify the permittee in writing of such defects. Any such liens, a) encumbrances, exceptions or qualifications must be satisfied, discharged or N subordinated by the permitteelgrantor prior to the District's acceptance of the conveyance. The permittee shall have 90 days from receipt of this notice to Ncure such defects or grant a conservation easement over property which the o District determines is of equivalent acreage and ecological value pursuant to a permit modification. Failure to correct such defects or to convey to the District in a timely manner, will be viewed as a violation of the permit conditions. (e) Title Insurance Policy. If a title commitment and insurance is required by the permit conditions, the permittee shall, within 14 days of the permittee's receipt of the District's approval of title, submit a title insurance policy to the District which insures the marketable title of the Property, subject only to liens, encumbrances, exceptions or qualifications which the District has previously determined are not incompatible with the easement conveyance. If an attorneys title opinion or owners affidavit were required by the permit condition, the permittee shall submit an updated title opinion or updated owners affidavit upon recordation of the easement. The permittee may be required to rectify any additional inconsistent encumbrances which are revealed by the updated title information. (4) Recordation of conservation easement Permittee shall record the conservation easement within 15 days of receipt of the District's written approval of the submitted title and survey information. In no event should the easement be recorded prior to receiving this approval. An original and one copy of the recorded easement shall be submitted to the Natural Resource Management Division, Post - Permit Compliance staff, at the Service Center where the application was processed. Any submittals, or questions regarding this process, should be directed to the Natural 2 of 3 EXHIBIT 18 12 1/10/2012 Item 8.A. Resource Management Division, Post - Permit Compliance staff, at the Service Center where the application was processed. Please reference the project name and permit number with all submittals and inquiries. Specific questions regarding real estate or le g al re q uirements will be routed to the appropriate �P� division. 3 v; 3 EXHIBIT 18 C, Packet Page -286- Qi N T- C) N O -0 ;u I A —1 V 0 " Y At ;1 ! :# 1 p11 .0 VALENCIA AT GRANGETREE IL/,REVISE RVATION � AREA"I SKETCH ► G..�r�.l r; F...j f- A01:.f" 941104.12 w.T r ►.. +fin \C{]11 it.I- �'e- .\�.... M R If 7 4 Q. GRADY MR AND 1SS= P.) sm MA an ur woom mom " on : (wt) s��ua snz , (94) sus - m — --- ► &0.. 1/10/2012 Item 8.A. STAFF REPORT DISTRIBUTION LIST PROJECT: VALENCIA AT ORANGETREE (SUB- BASIN -4) APPLICATION NUMBER: 941104 -12 PERMIT NODIFICATION NUMBER: 11- 00418 -S INTERNAL DISTRIBUTION Reviewer: X Deborah B. MarzelIa X Donald L. Barselou X Clayton R. Miller, P.E. X Karen M. Johnson K. Ammon - REG X B. Colavecchio - REG M. Cruz - REG J. Golden - REG E. Hopkins - UDP C. Merriam - GPA R. Mireau - OMD X R. Robbins - NRM D. Thatcher - CPR W. Van Voorhess - GPA X K. Wallace - REG X A. Waterhouse - REG Director, Big Cypress Basin X Area Engineer Day File Enforcement X Environmental PPC Reviewer X Field Representative Office of Counsel X Permit File GOVERNING BOARD MEMBERS Ms. Valerie Boyd Mrs. William Graham Mr. William Hammond Ms. Betsy Krant Mr. Richard Machek Mr. Eugene K. Pettis Mr. Nathaniel P. Reed Ms. Miriam Singer Mr. Frank Williamson, Jr. DEPT. OF ENVIRONMENTAL PROTECTION X Ft. Myers EXTERNAL DISTRIBUTION X Applicant: ORANGETREE ASSOCIATES X Applicant's Consultant: 0. GRADY MINOR & ASSOCIATES X Engineer, County of: COLLIER Engineer, City of: X Local Drainage District: BIG CYPRESS BASIN COUNTY X Collier - Agricultural Agent BUILDING AND ZONING OTHER X Brian Kenedy X -Chrfisttny-D. Stratorr -- - — X Div of Recreation and Park - District 8 X F.G.F.W.F.C. X Florida Audubon - Charles Lee X Leonore Reich X S.W.F.R.P.C. - Glenn Heath EXHIBIT 20 Packet Page -288- a� N 0 N O ADDRESSES Brian Kenedy 24965 Bay Cedar Drive Bonita Springs, FL 33923 "Christine D. Straton 1441 Gulf Coast Drive Naples, FL 33963 Div of Recreation and FDEP 1843 S Tamiami Trail Osprey, FL 34229 Leonore Reich 713 Reef Point Circle Naples, FL 33963 STAFF REPORT DISTRIBUTION U SST Park - District 8 EXHIBIT 20aL - DC DAVIDSON EXHIBIT 5 PRESERVE MANAGEMENT PLAN 1/10/2012 Item 8.A. Orangetree PUDA: EiS — Preserve Management Plan • vway.davirlsonengineerin;.com Packet Page -290- DAVIIDSON ' 11-111" ORANGETREE PUDA Preserve Management Plan The follow activities will be performed on the property to ensure long term health of preserves within the project: Installation of protective barriers and signage. All protective barriers shall be installed and maintained for the period of time beginning with the commencement of any phase of Q land clearing or building operations and ending with the completion of that phase of the 06 construction work on the site, unless otherwise approved to be removed by the E development services director's field representative. All protective barriers shall be Exotic Vegetation Removal, Non - native Vegetation, and Nuisance or Invasive Plant Control. All preserves, open space areas, and undeveloped portions of the property will be walked and all Category 1 exotic and nuisance plants, and prohibited exotics as defined by the LDC, shall be killed. These plants will be killed in a manner consistent with current exotic and nuisance plant removal practices while ensuring that neighboring plants are left unharmed and the soil left as undisturbed as possible. All non - native vegetation will be removed from Preserves. All Category I Exotics shall be killed in all preserves. All exotics within every preserve shall be physically removed, or the tree cut down to grade and the stump treated. The stump shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. The removal method may not involve mechanical removal, whereby machinery is used to remove the exotics. Annual Maintenance. All preserves, open space areas, and undeveloped portions of the property will be walked and inspected at least once yearly for the presence of exotic vegetation. Exotic vegetation will be maintained at zero percent cover. The maintenance program will be conducted in perpetuitX. General Maintenance. Preserves shall be maintained in their natural state and must be kept free of refuse and debris. Monitoring. An annual monitoring report will be provided to Collier County for 1 year documenting the exotic removal activities and overall preserve health. The monitoring will Orangetree PUDA: EIS — Preserve Management Plan www.clavicisonengiiieei•ing.com installed pursuant to the Tree Protection Manual for Builders and Developers, division of _ �y forestry, State of Florida or other methods approved by the Development services director. o Signage shall be placed around the preserve areas to identify and protect the preserve N during construction. The boundary of the Preserve shall be posted with appropriate V_ signage denoting the area as a Preserve. Sign(s) should note that the posted area is a protected area. The signs shall be no closer than ten feet from residential property lines; be limited to a maximum height of four feet and a maximum size of two square feet; and otherwise comply with Section 2.5.6. Maximum sign spacing shall be 300 feet. Exotic Vegetation Removal, Non - native Vegetation, and Nuisance or Invasive Plant Control. All preserves, open space areas, and undeveloped portions of the property will be walked and all Category 1 exotic and nuisance plants, and prohibited exotics as defined by the LDC, shall be killed. These plants will be killed in a manner consistent with current exotic and nuisance plant removal practices while ensuring that neighboring plants are left unharmed and the soil left as undisturbed as possible. All non - native vegetation will be removed from Preserves. All Category I Exotics shall be killed in all preserves. All exotics within every preserve shall be physically removed, or the tree cut down to grade and the stump treated. The stump shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. The removal method may not involve mechanical removal, whereby machinery is used to remove the exotics. Annual Maintenance. All preserves, open space areas, and undeveloped portions of the property will be walked and inspected at least once yearly for the presence of exotic vegetation. Exotic vegetation will be maintained at zero percent cover. The maintenance program will be conducted in perpetuitX. General Maintenance. Preserves shall be maintained in their natural state and must be kept free of refuse and debris. Monitoring. An annual monitoring report will be provided to Collier County for 1 year documenting the exotic removal activities and overall preserve health. The monitoring will Orangetree PUDA: EIS — Preserve Management Plan www.clavicisonengiiieei•ing.com 1/10/2012 Item 8.A. mwh go= DAVIDSON be according to the approved Collier County plan as part of the project's approved Site Development Plan. Designation of a Preserve Manager. A Preserve Manager shall be identified to help ensure that the owner complies with Preserve Management Plan. The developer \owner shall also be identified. The owner shall be responsible for annual maintenance of the preserve, in perpetuity. Preserve Manager: Jeremy Sterk Davidson Engineering, Inc. 3530 Kraft Road, Suite 301 Naples, FL 34105 Owner: ORANGETREE ASSOCIATES 4500 EXECUTIVE DRIVE, SUITE 110 NAPLES, FLORIDA 34119 Wildlife Habitat Management. No listed species requiring management were observed during protected species surveys. No wildlife management is proposed. Allowable Uses Within Preserve Areas. Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation, and is approved by the County. For the purpose of this section, passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to the preserve, such as pervious pathways, benches and educational signs are permitted in the preserve. Fences may be utilized outside of the preserves to provide protection in the preserves in accordance with the protected species section 3.11.3.1.C. Fences and walls are not permitted within the preserve area. INSPECTIONS SHALL BE RQUIRED FOR ALL PRESERVES. The preserve areas shall be inspected in accordance with the following schedule: Prior to preliminary acceptance of the phase of the required subdivision improvements; Within the associated phase of the final site development plan prior to the issuance of a certificate of occupancy. Orangetree PUDA: EIS - Preserve Management Plan Packet Page -292- www.daviclsoiieiigiiieerinn.com RQ m N T- C) N O r DE DAVIDSON EXHIBIT 6 PROTECTED SPECIES SURVEY (PSS) Orangetree PtIDA: EIS - Protected Species Survey www.davidsonerigi tieet-iiig.corn 50wor' 1E D"I DSON FNGINFERING 1/10/2012 Item 8.A. CIVIL ENGINEERING * PLANNING e ENVII20NIVIENTAL s LAND DEVELOPMENT SERVICES PROTECTED SPECIES SURVEY (PSS) ORANGETREE PUDA PORTIONS OF SECTIONS 13,14, 22, 23, & 24 TOWNSHIP 48 SOUTH, RANGE 27 EAST APPROXIMATELY 2,128.83 ACRES PREPARED FOR: COLLIER COUNTY ENVIRONMENTAL SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 December 8, 2009 UPDATED: 3530 l {raft Road, Suite 301 Naples, Florida 343.09 - Plione: 239.434.6060 - Fax: 239.434.6084, www.davidsonengitaeeritag.coan Packet Page -294- a) N O N O r r 7. INTRODUCTION The purpose of this report is to provide an update to multiple protected species surveys conducted on the Orangetree PUDA property over the years. The most recent comprehensive surveys of undeveloped areas within the PUD were completed in 2003. Additionally, a supplemental species survey was conducted on a smaller portion of the property south of Oil Well road in 2008 as part of Valencia Golf and Country Club. The current survey is intended to update those surveys and add additional lands north of Oil Well road. Figure 1 below illustrates the various species surveys, their coverage, and timeframes. The fieldwork for the current species survey was conducted in November 2009. Figure 1. Previous Species Surveys. LOCATION The Orangetree PUDA property is located immediately east of Immokalee Road, bisected by Oil Well Road in portions of Sections 13,14, 22, 23, & 24 Township 48 South, Range 27 East, in Collier County, Florida. See (Figure 2). p. oeculd Species szi , ati •3'iiZ7 . DE DAVFDSO r , N 11 ,:_ 1/10/2012 Item 8.A. E Figure 2. Site Location Map. SPECIES SURVEY MATERIALS & METHODS The species survey was conducted using a methodology similar to that discussed in the Florida Fish & Wildlife Conservation Commission (FWC) publication "Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large -scale Development in Florida." This methodology is as follows: Existing vegetation communities or land -uses on the subject site are delineated on a recent aerial photograph (Collier County 2009) using the Florida Land Use, Cover and Forms Classification System (FLUCCS). FLUCCS mapping for this property is detailed below in (Figure 2). Then the resulting FLUCCS codes are cross - referenced with a list of protected plant and animal species. The lists were obtained from two agency publications: A list of animals and birds was obtained from the FWC publication "Florida's Endangered Species, Threatened Species & Species of Special Concern - Official Lists ", Publication Date: January 29, 2004. Packet Page -296- -v a� N 0 N O EMME DAYI DSON + A list of protected plant species was obtained from the publication "Notes on Florida's Endangered and Threatened Plants ", Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Bureau of Entomology, Nematology & Plant Pathology -Botany Section, Contribution 38, 41b Edition- 2003). The result is a composite table that contains the names of the protected species which have the highest probability of occurring in each particular FLUCCS community. See table 1 of this report for the species list that applies to this property. In the field, each FLUCCS community is searched for listed species or signs of listed species. This is accomplished using a series of transects throughout each vegetation community. If necessary, transect integrity is maintained using a handheld GPS in track mode. Signs or sightings of all listed and non- listed species are then recorded. Listed species locations are typically flagged and located by GPS. Based on the habitat types found on this parcel of land, particular attention was paid to the presence or absence of gopher tortoise, Big Cypress fox squirrels, and burrow owls. EXISTING SITE CONDITIONS Temperatures during the fieldwork for this survey were in the mid 80's. Cloud cover varied from overcast to partly cloudy. Approximately 28.25 man-hours were logged on the property during this species survey. Table 3 details dates and times spent in the field. The Orangetree PUDA property is bordered by a variety of uses: West Immokalee Road North Golden Gate Estates South Randall Boulevard \ Golden Gate Estates East Citrus Groves \ Drainage Canal Listed below are the FLUCCS communities identified on the site. The following community descriptions correspond to the mappings on FLUCCS maps in (Figure 3) & (Figure 4). See Florida Land Use, Cover and Forms Classification System (Department of Transportation, Surveying & Mapping Geographic Mapping Section, 1999) for definitions. Specific vegetation present is further detailed in Table 4. Single Family Residential (Medium Densitvl. FLUCCS 121 This portion of the property contains existing single family homes that were constructed as part of previous approvals. Commercial Lands, FLUCCS 140 An existing convenience store and commercial property are located along Immokalee Road. Protected Species Survey -PUDA wsir-tv.davidsoiiengineei,iiiy.co in 1/10/2012 Item 8.A. DIE DAVIDSON 1-11-1--f. -. Educational Facilities, FLUCCS 171 These portions of the PUD contain existing school properties, including Palmetto Ridge High School, Corkscrew Middle School, and Corkscrew Elementary School. Governmental. FLUCCS 175 This portion of the property, located in the northwest contains the Collier County Fairgrounds and Valencia Golf Course. FLUCCS 182 These portions of the property consist of the Valencia golf course that has already been constructed. Community Facilities, FLUCCS 186 An existing community park is located along Oil Well Road, Inactive Land with Street Patterns, FLUCCS 192 These areas of the PUD have been partially developed with most streets and utilities installed. Improved Pastures, FLUCCS 211 This community consists of previously cleared lands being actively used for grazing cattle. Canopy and midstory are absent. Groundcover is dominated by a variety of pasture grasses. Citrus Groves, FLUCCS 221 These portions of the PUD are actively being farmed and contain citrus tree crops. Saw Palmetto, FLUCCS 321 -E1 (0 -25% Exotics) This community is found in scattered patches throughout the southeastern portion of the property. Canopy contains occasional slash pine. Midstory includes dense saw palmetto. Other vegetation present includes buckthorn, grapevine, poison ivy, beggar's ticks, Caesar's weed, pennyroyal and rusty lyonia. Typical exotic vegetation present includes Brazilian pepper and ear leaf acacia. Pine Flatwoods. FLUCCS 411 -E1 (0-25% Exotics) This community is found primarily in the southeast portion the property and in patches throughout the golf course. It is dominated by slash pine and cabbage palm in the canopy. Midstory includes dense saw palmetto and scattered Brazilian pepper. Other vegetation present includes buckthorn, grapevine, poison ivy, beautyberry, Caesar's weed, pennyroyal, rusty lyonia, ear leaf acacia, and myrsine. Pine Flatwoods. FLUCCS 411 -E2 (25 -50% Exotics) This community is found in a small patch along the eastern boundary of the property. It is dominated by slash pine and Brazilian pepper in the canopy. Midstory includes saw palmetto and Brazilian pepper. Other vegetation present includes grapevine, poison ivy, Caesar's weed, ear leaf acacia, and myrsine. Protected Species survey -PUDA Packet Page -298- wwsv.dav ldsonengiticei,ing.coiit i � N 0 N O D4 VIDSON r.: <.: r.r. ,'.. Open Water, FLUCCS 500 This community is found throughout the PUD and consists primarily of manmade lakes excavated in associating with the residential or golf portions of the PUD. It also includes several excavated canals. Cypress, FLUCCS 621 -E2 (25 -50% Exotics) There are eight scattered cypress areas found throughout the property. Vegetation consists of cypress and cabbage palm in the canopy. Midstory contains Brazilian pepper and scattered wax myrtle and dahoon holly. Other vegetation observed includes willow, sawgrass, buttonbush and grapevine. Cypress- Pine - Cabbage Palm, FLUCCS 624 -E2 (25 -50% Exotics) There are seven scattered cypress \pine areas found throughout the property. Vegetation consists of cypress, slash pine and cabbage palm in the canopy. Midstory contains often dense Brazilian pepper and scattered dahoon holly. Other vegetation observed includes Caesar weed, grapevine, and ear leaf acacia. Disturbed Lands, FLUCCS 740 These portions of the PUD have been previously cleared. Vegetation is typical of disturbed areas and consists of a variety of weedy plants. Roadways. FLUCCS 814 This area delineates the ROW for Oil Well Road, which bisects the PUD. Water Treatment Utility, FLUCCS 830 This portion of the property located north of Oil Well Road consists of an existing Water Treatment Facility. The following table is summary of FLUCCS communities and corresponding acreages: Protected Species Survey -PUDA www.davidsonengineering.com 321-E1 18.73 0.9% 411-E1 203.80 9.5% 411-132 0.75 0.0% — -'500 396 1 76 1 111*1 18.6% 621-E2 10.61 0.5% 624-E2 11.50 0 740 58.38 2.7% 814 15.54 0.7% 1 830 28.63 1.3% i Totals: 2,138.76 100% 1/10/2012 Item 8.A. Figure 3. Aerial with FLUCCS Mapping. Packet Page -300- vv�v%,,dav id so ne egi i teering co m N T- C) N O r r DE DAVIDSON D 2,DDO n' FEET Figure 4, FLUCCS Mapping. RESULTS\ DISCUSSION The various protected species which may occur in the corresponding FLUCCS communities are shown in Table 1. All animal species observed on the subject parcel are detailed in Table 2. Within Table 2, any protected species observed are specifically noted. See (Figure 5) below for representative survey transects and approximate listed species observation locations (if applicable). Praut,ucfed Species SczrVeV -VIJVA R v ;rw utiavidsoDengiaieei,in .cofft 1/10/2012 Item 8.A. DE DAVIDSON Gopher Tortoise (-Gopherus poly hp emus As documented in previous surveys, gopher tortoise were completely absent from palmetto and pine flatwoods communities. This may be due to the long history of agricultural activity in the area. Big Cypress Fox Squirrel (Sciurus nicer avicennia) Although the parcel has habitat which might support fox squirrels, no fox squirrels or signs of fox squirrels such as nests or day beds were observed. An eastern gray squirrel was observed on the property. Wood Stork (Mvcteria americana,) The parcel falls within the core foraging area (estimated at 18.6 miles) of 2 wood stork colonies in Collier County. See (Figure 6) below for wood stork colony and foraging information as it relates to the Orangetree property. The severely drained nature of the onsite wetland probably precludes wood stork foraging as water does not appear to stand in the wetland for any length of time. In addition, it's more likely that wood stork and other wading birds are foraging along the nearly 400 acres of manmade water bodies throughout the PUD. All of the wading birds documented in the survey were found in these areas. Wild Pine (Tillandsia fasciculata) Several common wild pine (Tillandsia fasciculata) were observed in trees in the southeastern undeveloped portion of the PUD. Butterfly Orchids (Enevclia tampensis� Several common butterfly orchids (Enevclia tampensis) were observed in the FLUCCS 411 & FLUCCS 624 communities. Protected Species Survey -PUDA Packet Page -302- www.ci avidsonengi tieet•ittg.co In CN O C) Figure S. Protected Species Survey Map. Protected Species Survev-PUDA ring.colil 1/10/2012 Item 8.A. DE DAVtDSON Protected Spede.- Survvy--PUDA Figure 6. Wood Stork Information. Packet Page -304- VV VV WAM v i d so lie ngillee ringc C) In N CD CI4 CD mmm,b,c tj DAYIDSON Table 1. Protected species list according to FLUCCS category. Protected Spedes Survey-PUDA Iz wvw.dividsoiiengiiiecring.coiii NONE NONE 171 NONE 175 NONE NONE 186 192 NONE NONE E 211 Florida Panther Felis con color coryi -�r--usc Florida Sandhill Crane_ q!jadensijpLatensis T 2 NONE 321-E1 Audubon's Crested Caracara Beautiful Pawpaw Polyborus plancus audubonii Deeyqq2Lhamnu_ s�ulchellus T E ------ SSC Curtis Milkweed LIepiqscurHssff_____ Fakahatchee Burmannia Florida Black Bear Florida Coontie .,4s Bunnaqn LaflEa Ursus t�ida _2_ Zamiaflq!�Jqqna -6;uS—Can E T C Florida Sandhill Crane adensLs_pfqtensis Gopher Frog Gopher Tortoise Rana capito p2ly-PAe—M us--- SSC SSC Eastern IndWj Snake -.9-OpAqr—us rchon coraiscqup J T T -TH--Ei- & Southeastern American Kestrel Beautiful Pawpaw M Falco spqrverius Paulus Deeringothamnus pulchellus T E E .-411-E2 Eastern Indigo Snake DrVmarchon coral's cou _perl Fakahatchee Burmannia Florida Black Bear Burma!jnia _ayoj__,__— Ursus americanus-floridanus E T Florida Coontie Florida Panther Zamia floridana Felis concolor corw ... l C E Gopher Rana capito SSC Gopher Tortoise Red -Cockaded )A �ooApqckeK Gopherus pqlv _pAemqs j Picoides borealis j T E Satinleaf Southeastern American Kestrel Chrysliun� q gh y L _ q Luspqulus Fqlco�qrveq T EriM Twisted Air Plant American LIlig1to Everglades Mink Tillanggaflexqu Big tqr s�qs l�eyjsis ,L _. T�kp Mustela v1sonfv r I d ensis E SSC --- f- SN _ Ej,.a Little Blue Heron _jeddis!IE&ret Roseate Spoonbill Aram us 19,uarauna Eqretta caerulea Eqretta rufescens Ajaia SSC SSC SSC SSC j Snowy Egret Tricolored Heron q Eqretta thula _fgrqta tricolor _ SSC SSC —S -.__.� American Alligator Alligator A 111�0 r�MILSIMLIS !ls-- S—C. Protected Spedes Survey-PUDA Iz wvw.dividsoiiengiiiecring.coiii 1/10/2012 Item 8.A. DOER��IYS9N Abbreviations: FWC=Florida Fish and Wildlife Conservation Commission FDA=Florida Department of Agriculture and Consumer Services FWS=United States Fish and Wildlife Service Status E=Endangered T=Threatened T(S/A)=Threatened/Similarity of Appearance SSC=Species of Special Concern C=Commercially Exploited Protected SpeclesStirvey-PUDA 13 w"rw.davidsoiieiigiiiecriiig.coiii Packet Page -306- Everglades Mink ­ -­ Mustela v1son evergladensis T Florida Ea7��Ber­-Ursus Florida Panther americanusfloridanus Felis concolor coQ i__ E E Gop her Frog Rana Ee to SSC Lim kin Aramusquarauna SSC Little Blue Heron Egretta caerulea SSC Snowy Egret Eqretta thula SSC Tricolored Heron Wood Stork Rqretta tricolor Mycteria americana SSC E E 624-E2 American Alligator A pp Lensis SSC T S Everglades Mink __ Mustela vison evergladensis T Florida Black Bear Ursus americanusfloridanus Florida Panther Feliseoi color co E E lLeEf Lo Rana capito SSC Blue Heron --.-,—.-Eqrettacaerulea----------,-,-SSC Sn,owvE et Eoretta thula SSC Tricolored Heron Epretta tricolor SSC Wood Stork Mycteria aTeriEa a E E aria SSC Gopher Tortoise Y 1 4 —4 80 -14-OVE -i�O­NE L Abbreviations: FWC=Florida Fish and Wildlife Conservation Commission FDA=Florida Department of Agriculture and Consumer Services FWS=United States Fish and Wildlife Service Status E=Endangered T=Threatened T(S/A)=Threatened/Similarity of Appearance SSC=Species of Special Concern C=Commercially Exploited Protected SpeclesStirvey-PUDA 13 w"rw.davidsoiieiigiiiecriiig.coiii Packet Page -306- w• 0_ N N r O N O r r DE DAVIDSON Table 2. Birds, Mammals, Amphibians, Reptiles, & Plants Observed on the Subject Property. Birds Mammals Protected Species SurveyPUDA 14 ai wW.davidsoneilgTi➢I+E ering.coin 1/10/2012 Item 8.A. LO DAVi DSON NONE Listed Plants = Listed Species Abbreviations: Agencies FWC= Florida Fish and Wildlife Conservation Commission FDA = Florida Department of Agriculture and Consumer Services FWS= United States Fish and Wildlife Service Status T= Threatened SSC= Species of Special Concern E= Endangered T(S /A)= Threatened /Similarity of Appearance CE= Commercially Exploited Observations DV= Direct Visual OT= Observed Tracks HV =Heard Vocalization OH= Observed Hole \Burrow C =Cavity MT= Marked Tree Table 3. Field time spent on the subject property. Table 4. Representative vegetation by native FLUCCS community on Subject Parcel. Protected Species Sia-veyPUDA 15 w"rw.davidsonengiiieering.coiii Packet Page -308- N N T_ O N O DE DAVtp50N 321 -Palmetto Common Lyonia ferruginea rusty lyonia mid -story Piloblephis rigida pennyroyal ground cover Rhus copallina southern sumac midstory Serenoa repens saw palmetto mid -story Smilax spp. smilax vine Vitis rotundifolia muscadine grape vine Occasional muscadine vine Bumelia celastrina buckthorn mid -story Lantana camara lantana ground cover Pinus elliotti pine (slash pine) canopy Sabal palmetto cabbage palm canopy Acacia auriculiformis* Earleaf acacia mid -story pepper Acacia auriculiformis* ..ux. ..... :.. "' A .. F. 411- E1 \E2, Pine Flatwoods (Exotic Invaded) Common Piloblephis rigida pennyroyal ground cover Pinus elliotti pine (slash canopy pine) Sabal palmetto cabbage palm canopy Smilax spp, smilax vine Urena lobata Caesar weed ground cover Vitis rotundifolia muscadine vine grape Toxicodendron radicans poison ivy vine Occasional Serenoa repens saw palmetto mid -story Schinus terebinthifolius* Brazilian mid -story pepper Acacia auriculiformis* Earleaf acacia mid -story Frotecter! Species Survey -PUDA 16 ;+{ wvi .dca'iridsoneiigitieei- iiig.f oin 1/10/2012 Item 8.A. DE N I A9N Table 4 (continued). Representative vegetation by native FLUCCS community on the Subject Parcel. 621 -E2, Cypress (25- vine pine (slash pine) 50% Exotic Invaded) cabbage palm canopy Common mid -story Smilax Taxodium ascendens pond cypress canopy Sabal palmetto cabbage palm canopy Urena lobata Caesar weed ground cover Smilax spp. Smilax vine Schinus terebinthifolius* Brazilian pepper midstory Toxicodendron radicans poison ivy vine Vitis rotundifolia muscadine grape vine Occasional Pinus elliotti pine (slash pine) canopy Ilex cassine dahoon holly mid -story Acacia auriculiformis* Earleaf acacia mid -story Myrsine floridana myrsine mid -story Blechnum serrulatum swamp fern ground cover 624 -E2, Pine /Cypress /Cabbage Palm (25 -50% Exotic Invaded) Common Vitas rotundifolia Pinus elliotti Sabal palmetto Schinus terebinthifolius* Smilax spp. Toxicodendron radicans Occasional Schinus terebinthifolius* Acacia auriculiformis* Myrica cerifera Taxodium ascendens Ilex cassine Myrsine floridana muscadine grape vine pine (slash pine) canopy cabbage palm canopy Brazilian pepper mid -story Smilax vine poison ivy vine Brazilian pepper midstory Earleaf acacia mid -story wax myrtle mid -story pond cypress canopy dahoon holly mid -story myrsine mid -story Protected species Survey -PUDA 17 www.davidsoiiengiiieering.coiii Packet Page -310- (f Q) N T- C) N 0 DE pAYIDSON 1:r �,.��, r^.,.,,. . EXHIBIT 7 HISTORICAL /ARCHAEOLOGICAL PROBABILITY CORRESPONDENCE Orangetree PIJDA: TIS - Histoi•icai /Arclfa(: ,,ological Probability Correspondence www,(Iavi dsonengineering.com 1/10/2012 Item 8.A. DE DAV,1DS0,N This record search is for informational purposes only and does NOT constitute a project review. This search only Identifies resources recorded at the Florida Master Site File and does NOT provide project approval from the Division of Historical Resources. Contact the Compliance and Review Section of the Division of Historical Resources at 850 -245 -6333 for project review information. December 18, 2009 - Florida 3 ;—Master Mr. Jeremy Sterk `.`" Situ _ File Davidson Engineering 3530 Kraft Road, Suite 301 Naples, FL 34105 Phone: 239-434-6060 Email :.iercm, c�,�clavidSOneninc.com In response to-your inquiry ofl)ecetnber 16, 2009, the Flniida.14asier Site File lists no pwVWusly recorded archaeological sites, one historic bridge, and no standing structures in the following parcels of Collier County: '1'48S. =Mt Sections 13, 14, 22, 23, & 24 XVIlen inteilveting the results of our search, pleise comider the fbllou ing information: • This search area wily contain umeeorded an cliaeolo ieai sites, liistorieal Orii0ores or other resources Gwen if preciously surveyed for cultural resources. • Because: vaxidalism and looting are common at frloiida sites, lye ask that you .limit the distribution of location infurutation on areliaoolojgical sites. • W(tile maq. or our records docoineut hittaxica11y.signifleg"t resriarMls, #lie 404m mcn.{tetion. of a resoo cc at the FltYA& 11'li►xtvr Site File does .oat necesaited vioan. the resrttt,rce is histurically stf tifficaitt. • F+eitetal. state And local law.4 require- fanual ,enrironi meittal - m-deer fur ineo t lmrojq:ru. 1IiN search .DOLES NOV corntifnte sale!. a res tew. l.f y our projell WIN, wider tiie e'ltiwi:, `rtu shiux)[ci comirac# tli��ottmpllai►ce and .e�iew etiai� f+f. ke :DiAA(m offlistodul Resoarces at 850- 245 - 6_;133. Please (k) not f esttaw 11) contak:t its if i ou ljriv : ettry qu:stions regarding tlt.; rc z alts. o this scardi. ,'incerely, Shannon O'Donnell Historical Data Analyst Florida Master Site File sko' donnell(ir).dos.state. tl.us 500 South lironough Street • Tallahassee, FL 32399 -0250 • www.tllieritage .coin /preservationlsitefile 850- 245 -6440 ph 1 850- 245 -6439 fax Sitef ile @dos. state. fl. us Orangetree PUDA: EIS - Historical /Archaeological www.d,-vidsonengineering.com Probability Correspondence Packet Page -312- DAVII% DSO N 06 CN C) 0 ik N M, Iill I t -. 54 1 , w Oran-etree PUDA: EIS - Historical /Archaeological Probability Correspondence wt,%, A,.davicisotiengiiieei-iiig•coiii 1/10/2012 Item 8.A. �' `° all TPODUCOCk ' pIHHH19H•HnHlHQHPIHA Traffic, Impact Statement Orangetree PUDA Rezone Planned Unit Development Amendment Petition AR No. 3608 Collier County, FL June 10, 2011 Prepared for: Orangetree Associates 4500 Executive Drive, Suite 110 Naples, FL 34119 Prepared by: Trebilcock Consulting Solutions, PA Trebilcock Consulting Solutions, PA - 6660 Mangrove Way, Naples, FL 34109 Ph, 239.566.9551 Fx. 239.566.9553 www.trebilcock.biz Packet Page -314- Orangetree PUDA Rezone TIS —June 2011 Planned Unit Development Amendment Petition AR No.3608 Statement of Certification Q 06 1 certify that this Traffic Analysis has been prepared by me or under my immediate E supervision and that I have experience and training in the field of Traffic and N Transportation Engineering. 0 N 0 Norman J. Trebilcock, AICP, P.E. FL Registration No. 47116 Trebilcock Consulting Solutions, PA 6660 Mangrove Way Naples, FL 34109 Company Cert. of Auth. No. 27796 2 1/10/2012 Item 8.A. Orangetree PUDA Rezone T/S —June 2011 Planned Unit Development Amendment Petition AR No.3608 Table of Contents Page Project Description 4 -5 Trip Generation (Internal Capture; Pass -By Capture) 6 -11 Trip Distribution and Assignment 12 -13 Background Traffic 14 -15 Existing and Future Roadway Network 16 -17 Project Impacts to Area Roadway Network -- Roadway Link Analysis and Intersection Analysis 18 -22 Improvement Analysis 23 Mitigation of Impact 23 Appendix A: Initial Mtg. Checklist (Methodology Meeting) (3 Sheets) Appendix B: Project Site Location Map, Trip Distribution Map (2 Sheets) Appendix C: Project Master Concept Plan, Master Access Exhibit and Aerial Map (4 Sheets) Appendix D: 2015 Collier County Roadway Network Financially Feasible Plan (1 Sheet) Appendix E: 2030 Collier County Roadway Network Financially Feasible Plan (1 Sheet) Appendix F: Trip Generation Calculations (7 Sheets) Appendix G: Internal Capture Summary Exhibit (1 Sheet) Appendix H: Trip Distribution Calculations and Maps —AM, PM, and Combined for the years 2015, 2020, & 2030 (16 Sheets) 3 Packet Page -316- a) N 0 N 0 Orangetree PUDA Rezone T/S —June 2011 Planned Unit Development Amendment Petition AR No.3608 Project Description The Orangetree Planned Unit Development Amendment (PUDA) project is located and bounded by Randall Blvd to the south, Immokalee Road to the west, Golden Gate Estates lots to the north, and Orange Blossom Ranch RPUD to the east, as well as portions of the Golden Gate main canal. Oil Well Road runs through the PUD and bisects it. The project is located in northeastern Collier County. The project is located on numerous parcels totalizing approximately 2,138.8 acres. The Orangetree PUD was originally approved in 1987 and most recently amended in 2005. Permitted land uses include residential, commercial, schools, utility and other public facilities. The project is located in Sections 11/12/13/14/22/23 /24, Township 48S, Range 27E, Collier County, FL. Refer to Appendix B and C for site maps and a project master concept plan, respectively. The Orangetree PUDA would allow a mixed development of residential (single - family and multi - family), shopping center, medical office and general office uses. The existing traffic generating development on this property, includes 1,433 single - family units (an additional 667 units are vested and yet to be built), 3,111 sf of neighborhood commercial (an additional 56,889 sf are vested and yet to be built), an 18 hole golf course, a utility site (a future replacement utility site has yet to be built), existing elementary (Corkscrew ES), middle (Corkscrew MS) and high schools (Palmetto Ridge HS), and county fairgrounds. The existing and vested areas to be built are excluded from the proposed development program. Table 1— Development Program Land Use ITE Land Use Code Total Size Build -Out Year Sig gee Family Housing 21;0 „ 50' urntis; = 2030 Residential Condominium 230 300 units 2030 GeieraTCiffice Btti(ding Medical - Dental Office 720 50,000 sf 2030 ll�tl�ing Center;`E `Z`1N;.. 820 ;:; 172,i�00j t i. Table Note: Existing and Vested Development is excluded from development program: 2,100 sf units; 60,000 sf commercial; 18 hole golf course; schools; and county fairgrounds. 4 1/10/2012 Item 8.A. Orangetree PUDA Rezone TIS —June 2011 Planned Unit Development Amendment Petition AR No.3608 An external site circulation system would anticipate 1 new access (RI /RO to middle commercial) to connect to Immokalee Road and 1 new access (RI /RO to MU parcel) to connect to Oil Well Road that are not in the existing approved master plan. No new access is proposed on Randall Boulevard. The existing LI /RI /RO drive serving E's Country store is proposed to be eliminated and consolidated into a single LI /RI /RO access with appropriate turn lanes and throat stacking when the adjacent commercial area is developed. Existing /planned accesses would be improved and modified as determined during the development design review and permit process and such improvements would be considered site related, as applicable. Additional interconnects are proposed such as: the north commercial at Immokalee Rd /Oil Well Rd, which will interconnect to Valencia Dr; E's Store will interconnect to the adjacent commercial when it develops; the middle commercial on Immokalee Rd will interconnect to the adjacent residential; a possible interconnect to the residential portion of Orange Blossom Ranch PUD on the south sided of Oil Well Rd is proposed; and an interconnect reservation between the schools and park on the north side of the multi -use parcel is proposed. Refer to the Master Concept Plan and Access Management Exhibits (Appendix C) which illustrate these items. 5 Packet Page -318- s m N r O N O Orangetree PUDA Rezone T1S —June 2011 Planned Unit Development Amendment Petition AR No.3608 Trip Generation (Internal Capture; Pass -By Capture) The project's site trip generation is based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 8th Edition. The software program Trip Generation by Microtrans (Rev. 11/08) is used to create the raw unadjusted trip generation for the project. The ITE equations and rates were used for the estimated trip generation as identified in Tables 2 and 2A. More detailed calculations of the project's trip generation can be found in Appendix F. Table 2— Existing Approved Residential and Commercial Zoning Trip Generation (Unadjusted) — Average Weekday Table Notes: A zero indicates no data available. Calculations performed by software program Trip Generation by Microtrans. The following Existing and Vested Development is excluded from the trip generation: 18 hole golf course; schools; and county fairgrounds. D 24 Hour Two -Way AM Pk Hour PM Pk Hour ITE Equation vs. Volume Rate Used ! e m15 l,,u5c � t t 4r�� x0J i2 rz , � o Single-Fam ily ily n� it>tis ue� 2,100 1 3n 1� , 0 1E' 5 2}e2 ITE Equation Housing 60,000 sf 4,872 70 44 221 230 ITE Equation Shopping Center -' 21¢ 17 7 4�7tr 0 6 86E: 3 � xe0 SI1x3 F(S1Y ) ff,n`'2k0` ' r f 1 .. .M. ,.v .}....a:: �.`r. .: •.T. ... .... .. S r 4. �. Ar . Table Notes: A zero indicates no data available. Calculations performed by software program Trip Generation by Microtrans. The following Existing and Vested Development is excluded from the trip generation: 18 hole golf course; schools; and county fairgrounds. D 1/10/2012 Item 8.A. Orangetree PUDA Rezone T/S —June 2011 Planned Unit Development Amendment Petition AR No.3608 Table 2A— Proposed Project Trip Generation (Unadjusted) — Average Weekday Table Notes: A zero indicates no data available. Calculations performed by software program Trip Generation by Microtrans. Existing and Vested Development is excluded from the trip generation: 2,100 sf units; 60,000 sf commercial; 18 hole golf course; schools; and county fairgrounds. 7 Packet Page -320- 1% 24 Hour Two -Way AM Pk Hour PM Pk Hour ITE Equation vs. Volume Rate Used Blanc! ltse SrX�y 'Volume Ertte�� I*xit "Enei' EMlt o-, ;, G .. \ 1 3,, Single- Family 950 units 8,250 169 506 502 295 ITE Equation Housing Ff�side�tial i 300 units,�43 21 " 1�5 `1 I i s = C�ndomirnum LN a r t u General Office 50,000 sf 782 95 13 23 112 ITE Equation Building Medical d+�r�tal Sd,OdO sf �F1807 91 v 47 12f fiE Rife a s� 172,000 sf 9,661 129 83 448 467 ITE Equation Shopping m Center M ; ,4 Toa I 22,243 F 505 737 Yy \ 1i -.,.;. F 1 :t .-.. -c_, k y Table Notes: A zero indicates no data available. Calculations performed by software program Trip Generation by Microtrans. Existing and Vested Development is excluded from the trip generation: 2,100 sf units; 60,000 sf commercial; 18 hole golf course; schools; and county fairgrounds. 7 Packet Page -320- 1% PP a� N 0 N 0 Orangetree PUDA Rezone TIS—June 2011 Planned Unit Development Amendment Petition AR No.3608 The internal capture for the project is based on Chapter 7 of the ITE Trip Generation Handbook and limited by the Collier County TIS Guide (11- 03- 06.1). The internal capture accounts for a reduction in external traffic because of the interaction between the multiple land uses in a site (i.e. a person working at an office may go to the shopping center for lunch). For this project, the ITE Trip Generation Handbook, 2nd Edition, Chapter 7 procedure for estimating multi -use trip generation internal capture was used (aka "triangle method "). The resulting internal capture rates are well below the county limits. For the PM Peak Hour, the overall project internal capture calculates to 13% for the project land uses. The detailed results of the internal capture calculations can be found in Appendix G. The pass-by capture for the project is limited to the retail use. The pass -by trips account for traffic that is already on the external roadway network and stops at the project on the way to a primary trip destination (i.e. someone on their way home from work stops by the grocery store for a gallon of milk). The pass -by capture has been calculated based on the MOT Site Impact Handbook (pg. 58), the ITE Trip Generation Handbook (pg. 47) and the Collier County TIS Guide (11- 03- 06.1). The ITE fitted curve equation for average pass -by trips for a Shopping Center (820) is: Ln(T) = -0.29 Ln(X) +5.00, where T is the average pass -by trip percentage and X is the square footage of the shopping center (in thousands). For this project, X = 172 and solving for T results in 33.35% pass -by capture rate. The County TIS Guide has a pass -by capture rate upper limit of 25% based on the recommendation of the MOT Site Impact Handbook. The County TIS Guide also limits the pass -by trips to not more than 10% of the adjacent street traffic during the peak hour. The adjacent streets are Immokalee Road, Randall Blvd, and Oil Well Road. Table 213 provides a summary of the net new trips for the project, accounting for internal capture and pass -by capture. 1/10/2012 Item 8.A. Orangetree PUDA Rezone TIS —June 2011 Planned Unit Development Amendment Petition AR No.3608 Table 2B— Project Build Out Trip Generation (Adjusted for Internal Capture and Pass -by Capture)— Average Weekday Notes (1) -- Internal Capture Calculated per ITE "Triangle" Methodology. 7 Packet Page -322- Daily Land Use Intensity Volume AM Peak (vph) PM Peak (vph) (vpd) F Y i- ,��.. Single Family Detached 950 Units 8,250 169 506 502 295 Housing Pass -By 0% 0 0 0 0 0 Residential Condominium / 300 Units 1743 21 111 105 51 Townhouse Pass -By 0% 0 0 0 0 0 General Office Building 50,000 sf 782 95 13 23 112 � 4 ` lnterna(Capture (�)• � � $ � - �0 ! t2 ;'' , r 116 4 �5 �.8 : � Pass -By 0% 0 0 0 0 0 Medical - Dental Office Building 50,000 sf 1,807 91 24 47 126 Internal CapF�f� (1) 3 `2 - ,. ..•......, .. ..:.� t ,t..:: :. .::.._ ... .< 8 ref 13; Pass -By 0% 0 0 0 0 0 1 � New Ex`�ernal 1,5I4 82 16` /3 � t Shopping Center 172,000 sf 9,661 129 83 448 467 Pass -By 25% 2,065 27 18 98 98 New ! xternl 6,195 $1 65 _ 294 29 Total Project New External 17,308 419 626 887T811 Notes (1) -- Internal Capture Calculated per ITE "Triangle" Methodology. 7 Packet Page -322- a� N O N 0 Orangetree PUDA Rezone TIS June 2011 Planned Unit Development Amendment Petition AR No.3608 Table 2C illustrates the proposed development absorption schedule for the project. The residential units are not planned to be initiated for the first five years of development, given that there is an existing inventory of vested units not yet constructed in the PUD. The build out year for Orangetree PUDA is estimated to be 2030, as illustrated in the Table 2C. Tables 2D, 2E and 2F illustrate the new external trip generation for the project based on the absorption development schedule for the given years, up through build out. Table 2C— Project Absorption Schedule Based on Land Use and Percentage Completed by Year Table 2D— Project Total External Trip Generation by Year Total Project External Trip Total Development Completed by Year Land Use 2020 2025 2015 2020 2025 2030 [-'Residential lear�rlj ",Ci�tached t L 4% �i� ��' � ,ter lbt�s�lt��j 50 Condominium 259 419 AM Peak Entering (vph) 0% 25% 50% 100% / Townhouse ,329 62Cz' AM Peak Exrt►ng (vph) , {� , 4 ;D tt 68 Medical - Dental Office 512 887 PM Peak Entering (vph) 25% 45% 70% 100% Building 507 `81 Y2 PNI Peak E<xitriig (vphJ x ;d Table 2D— Project Total External Trip Generation by Year Total Project External Trip Total Trips by Year 2015 2020 2025 2030 Generation �Cverage Da�lyWIF"l) 50 154 259 419 AM Peak Entering (vph) 16 13 t" ,329 62Cz' AM Peak Exrt►ng (vph) , {� , 4 ;D tt 68 290 512 887 PM Peak Entering (vph) 507 `81 Y2 PNI Peak E<xitriig (vphJ x ;d k 10 1/10/2012 Item 8.A. Orangetree PUDA Rezone TIS —June 2011 Planned Unit Development Amendment Petition AR No.3608 Table 2E— Project Residential External Trip Generation by Year Residential External Trip Total Trips by Year 2015 2020 2025 2030 Generation s1f675 Or y4 21}7 F4'Yi46i(8,93'a 8375 ��x�+ee4 e'I�a�tv`t (�(pd�'�V� £k 0 43 86 171 AM Peak Entering (vph) 50 111 173 248 ti ( �Erl � � 137 �� 27 ate X546 �'1'�u,S t,`�. "4. S y4 f3 � Lrn rs�'%,F � .. i�22_.,. t,�- Y�.4,i$a,3.`4���� ,ry E'�"e` .xFF i e `i•�K''t�_ -.. - )�'YE4.e±�fa`.{'. i .1\ m.i��1.��t l4 0 137 273 546 PM Peak Entering (vph) 68 153 239 341 PM Peak Entering (vph) pry '�-<�'- C�_, `.'C, -��,' t ..>, ...: .... ,. . ,ti.. Z .¢ _ , .s•�,.i;...� ... ... .., a . _ ..., -c- . - ,.v.. „'NS�I :A a'wM � ... ,. Table 2F— Project Commercial External Trip Generation by Year Commercial (Retail and Office) Total Trips by Year 2015 2020 2025 2030 External Trip Generation s1f675 3�i69 is -56 N31 8375 50 111 173 248 AM Peak Entering (vph) 68 153 239 341 PM Peak Entering (vph) 5Q5: 11 Packet Page -324- pi, N N r O N O r r Orangetree PUDA Rezone TIS —June 2011 Planned Unit Development Amendment Petition AR No.3608 Trip Distribution and Assignment The traffic generated by the development was assigned to the adjacent roadways using the knowledge of the area and as directed by Collier County Transportation Planning Staff. The site - generated trip distribution is shown in Tables 3A and 3B. The distribution data is also graphically depicted in Appendix B and H. Table 3A -2015 & 2020 Project Traffic Distribution for Peak Hour /Peak Direction (New External Trips) 12 2015 Entering 2015 Exiting 2020 Entering 2020 Exiting Projected Peak Projected Peak Projected Peak Projected Peak Distribution Hr, Peak Hr, Peak Hr, Peak Hr, Peak AUIR Roadway Link Roadway Link of Project Direction Direction Direction Direction ID # Location Traffic Project Traffic Project Traffic Project Traffic Project Traffic Volume Volume Volume Volume 4� r,' fittmbltatee ttoad YE5 ^N �s1 Rafstlailf Btvc= , 40§'Q to�]�� ,ut w, `d < J', - 46 N. of Oil Well Rd 10% 7 10 29 30 45 S. of Randall Blvd 40% 27 40 116 122 44 W. of Wilson Blvd 28% 19 28 81 85 43.2 W. of Collier Blvd 13% 9 13 38 40 132): Ranflatt 8otldviard ! Tdf I►rimokalee Rcl \40 12 k27F�.1 \ Wyk f� Fib iW ✓RI $Y� y��' Y s} hd YK' `i 133 E. of Everglades Blvd 20% 14 20 58 61 119" off"WORMAW l Ii, E of Ihrtnokalee ttd 40%' },�a 40 X16 X22 j it.S y S.R l ,. .(y�' ! Y #,V 2 ,� 120 E. of Everglades Blvd 20% 14 20 58 61 121 E. of Desoto 15% 10 15 44 46 136 Evergtades Blyd,� 'i. �' z 7 EEy�. 'i4.r \xF Y S F -r r� r'F,:r.T<,rv..,�,,,ttr . �r �s i�Sw✓v 4� }6E 135 S. of Oil Well Rd 3% 2 3 9 9 134 S. of Golden Gate Blvd 2% 1 2 6 6 138'C7e5Qt0 Blvd ; N oRridal�lutl x°;r 2 ° z�tik �1i k c G 3 �� '° s a r'9,3 ,, al x75 ^t r {wi sK y { I-` V wY -.: s �. y\ _�2 uuy.yi` es r`�5' y,<... A5 4 yyw.r' k• t., > a,>' Wr'. A - t:, <. `� .Y. <. �il L� _— 138 S. of Randall Blvd 3% 2 3 9 9 11$4 MY tlst n er�iilevar .. d Imrt akaree t d r Z 1 IN- _ 4a 12 1/10/2012 Item 8.A. Orangetree PUDA Rezone TIS —June 2011 Planned Unit Development Amendment Petition AR No.3608 Table 313-2025 & 2030 Project Traffic Distribution for Peak Hour /Peak Direction , (New External Trips) 13 Packet Page -326- 2025 Exiting 2030 Exiting 2025 Entering 2030 Entering projected projected Projected Projected Peak Hr, Peak Peak Hr, Peak Distribution Peak Hr, Peak Peak Hr, Peak AUIR Roadway Link Direction Direction Roadway link of Project Direction Direction ID # Location Project Project Traffic Project Traffic project Traffic Traffic Traffic Volume Volume Volume Volume ,. t ''lmi dlcaie�flioacl aN ofKantl�il Blot} 4p ��� �a �y r�� #K G 'j s i � g �;� K f u_ c0�6�.+�WL� V..Y.,i: h' t•3`b�'. 'v.S*tffi �j ':S-1 �aEytF'ht �'�4fTQ' '�s• ;'� Y i ;4 ., ` : i 4 r t }�•., c e.... ,` ... .... ::.,; ....... .. K _ .: ��n7'� 'v 'sE v �.r5:, +v�y0 t '^ eWx��rt 46 N. of Oil Well Rd 10% 51 51 89 81 45 S. of Randall Blvd 40% 205 203 355 324 44 W. of Wilson Blvd 28% 143 142 248 227 43.2 W. of Collier Blvd 13% 67 66 115 105 1� POOR!, kalde:Rd 40% 205 r. 20 355 324 133 E. of Everglades Blvd 20% 102 101 177 162 119 _Olt Well Road, E of mrnakalee Rd 4 6"" 205 20 35 324 L �u - i C I7 V i t f ARM `!Y'S 120 E. of Everglades Blvd 20% 102 101 177 162 121 E. of Desoto 15% 77 76 133 122 d 36 Everglades 131vd N of oil Well Rtl v} \ b ..,.... 4 _. ,,. i G tK�. , .. , . .. , ,.... , n�,.. i +. , , t , ; ,'� .sue.•.., ., � _ .. �, _ � ti 135 S. of Oil Well Rd 3% 15 15 27 24 134 S. of Golden Gate Blvd 2% 10 10 18 16 13$ f ilento Blvd YN gf Radar Blvd rTM� 15 ' 27 24 f t4 138 S. of Randall Blvd 3% 15 15 27 24 22$ Wilson Boulevartd S of Imrnokalee Rd 12% � ' y �1� .�� 6� 1Q6 ' 97 , L � 13 Packet Page -326- Orangetree PUDA Rezone T/S June 2011 Planned Unit Development Amendment Petition AR No.3608 Background Traffic Average growth rates were estimated for the segments of the roadway network in the study area using relevant report data from similar recent studies and traffic count data from Collier County Transportation Operations. The 2% minimum growth rate is adhered to, where actual growth rates are less. Table 4 A illustrates the application of the greater of the projected growth rates or 2010 plus trip bank to generate the projected background (without project) peak hour Q peak direction traffic volume for the year 2015. A Table 413 provides similar 06 E projections for the years 2020, 2025, and 2030. a) = Table 4A— Background Traffic without Project (2010 & 2015) N O N 2010 AUIR Peak Hr, Projected 2015 Projected Peak Hr, AUIR Peak Dir 2010 Trip Traffic Annual Peak Dir Background Traffic lD # Roadway Link Roadway Link Location Background Traffic Bank Trips g Growth Rate Volume w /out Project Volume 46 N. of Oil Well Rd 318 99 3.0% 417 45 S. of Randall Blvd 1,549 398 3.3% 1,947 44 W. of Wilson Blvd 1,613 481 3.3% 2,094 43.2 W. of Collier Blvd 1,590 321 3.2% 1,911 X32 r ` Randall Bouletrard E of Immokale Rd , 73, r f a:. 133 E. of Everglades Blvd 723 0 2.0% 798 i19 (i�f uVel{ toad E of Immdkalee Rd 565 , 272 3% $37 120 E. of Everglades Blvd 378 0 3.3% 445 121 E. of Desoto 378 51 3.3% 445 135 S. of Oil Well Rd 299 7 2.0% 330 134 S. of Golden Gate Blvd 341 0 2.0% 376 1$ ` Desoto B {vd 138 S. of Randall Blvd 75 0 2.0% 83 X18 ; 11V�ison Bcxllev�cd S of tmmokale lad 351 (� 0 %� ME, 3$8 a E"! S 14 14 1/10/2012 Item 8.A. Orangetree PUDA Rezone TIS—June 2011 Planned Unit Development Amendment Petition AR No.3608 Table 413—Background Traffic without Project (2020, 2025, & 2030) A*W, 15 Packet Page -328- Projected 2025 Projected 2030 Projected Projected Peak Hr, Peak Hr, Peak Hr, AUIR ID Roadway Link Traffic Annual Peak Dir Peak Dir Peak Dir Roadway Link # Location Growth Rate Background Background Background from 2010 Traffic Volume Traffic Volume Traffic Volume FA2020 w/out Project w/out Project w/out Project ON 0C Ad, i, Blvd lfi Q& 0 0 �g OVA 5 46 N. of Oil Well Rd 3.0% 427 495 574 45 S. of Randall Blvd 3.3% 2,143 2,521 2,965 44 W. of Wilson Blvd 3.3% 2,232 2,625 3,088 43.2 W. of Collier Blvd 3.2% 2,179 2,550 2,985 116111 - Z"XI" fi-, 133 E. of Everglades Blvd 2.0% 881 973 1,074 3,3% ...................... 120 E. of Everglades Blvd 3.3% 523 615 724 121 E. of Desoto 3.3% 523 615 724 ............ 135 S. of Oil Well Rd 2.0% 364 402 444 134 S. of Golden Gate Blvd 2.0% 416 459 507 p 138` Desoto 8fvd N of Randalf Blvd 2 0% 91 101 111 :! 138 S. of Randall Blvd 2.0% 91 101 Ill M-1 15 Packet Page -328- Orangetree PUDA Rezone TIS —June 2011 Planned Unit Development Amendment Petition AR No.3608 Existing and Future Roadway Network The existing roadway conditions are extracted from the 2010 AUIR and the 2015 and 2030 roadway conditions are based on the Collier County Metropolitan Planning Organization 2015 and 2030 Financially Feasible Highway Network, which was last updated in the MPO 2030 Long Range Transportation Plan (See Appendix D & E for Graphic Maps of 2015 and 2030 CC MPO Financially Feasible Plans). The 2025 and 2030 future roadway conditions are established based on Q an intermediate progression of the roadway network towards the 2030 financially ° E feasible plan. m C14 The 2015 future roadway network improvements include: the four and six - laning N of Oil Well Rd east of Immokalee Rd; and four - laning of Wilson Blvd south of _° Immokalee Rd. The Oil Well Road improvements are currently under construction. The 2025 future roadway network improvement include: the four laning of Immokalee Rd north of Oil Well Road and the four laning of Randall Boulevard. Randall Boulevard has recently been under design and there is considerable developer interest in moving this project forward, so the four laning of this road within the next 10 years would seem reasonable. The 2025 future roadway network improvements include: the four laning of portions of Everglades Boulevard. Because of the interchange justification report being conducted at 1 -75 and Everglades Boulevard it would seem reasonable that within 15 years those portions of Everglades Boulevard would be widened. The 2030 future roadway network improvements include: Everglades Blvd four - laning north of Oil Well Road. The aforementioned improvements match the financially feasible plan conditions for 2030. The existing and future roadway conditions are illustrated in Table 5. In this study, Randall Boulevard is depicted as a four lane facility because that matches the 2030 financially feasible plan condition; however, it might be reasonable to assume that this road might in fact be widened to six lanes especially if favorable developer cooperation /adjacent land owner conditions are 16 1/10/2012 Item 8.A. Orangetree PUDA Rezone TIS—June 2011 Planned Unit Development Amendment Petition AR No.3608 achieved. This report conservatively assumes four lanes, so there is an 10 opportunity for enhanced roadway capacity/Level of Service. Table 5—Existing and Future Roadway Conditions Table Notes: 2U = 2-lane undivided roadway, 4D = 4-lane divided roadway; 6D = 6-lane divided roadway. 17 Packet Page -330- Exist Exist Peak Future Future Future Future Roadway Link Exist Min Dir, Peak Hr ID# Roadway Link 2015 2020 2025 2030 Location Roadway LOS Capacity Roadway Roadway Roadway Roadway Std Volume AMM91 gg 46 N. of Oil Well Rd 2U D 860 2U 2U 4D 4D 45 S. of Randall Blvd 6D E 3,670 6D 6D 6D 6D 44 W. of Wilson Blvd 6D E 3,790 6D 6D 6D 6D 43.2 W. of Collier Blvd 6D D 3,629 6D 6D 6D 6D K 2u o 9aa 2i1 4D 4D J 4D .0, 5P :61' ......................... E. of Everglades 2U D 900 2U 4D 4D 4D 133 Blvd 6, of Immokalee 0 A F- , qh E. of Everglades 2U D 1,010 6D 6D 6D 6D 120 Blvd 121 E. of Desoto 2U D 1,010 6D 6D 6D 6D r -0 135 S. of Oil Well Rd 2U D 900 2U 2U 4D 4D S. of Golden Gate 2U D 900 2U 2U 4D 4D 134 Blvd Desoto" -", tqq 11 t' Randall U --- VIT 9" 138 S. of Randall Blvd 2U D 900 2U 2U 2U 2U a4i"', . . . . . . . . . . Table Notes: 2U = 2-lane undivided roadway, 4D = 4-lane divided roadway; 6D = 6-lane divided roadway. 17 Packet Page -330- Orangetree PUDA Rezone TIS —June 2011 Planned Unit Development Amendment Petition AR No.3608 Project Impacts to Area Roadway Network -- Roadway Link Analysis and Intersection Analysis The Collier County Transportation Planning Services developed Level of Service (LOS) volumes for the roadway links impacted by the project were evaluated to determine the project impacts to the area roadway network in the future (2015, Q 2025 and 2030). Based on projected roadway .improvements and traffic growth, 00 no roadway links in the vicinity of the project are anticipated to be deficient rli trines tha nntirinntnrl nrniart rlPVPlnnmPnt_ TahlPS 6A throuLyh 6D illustrate the 0 roadway link LOS impact with the project and whether the minimum LOS is C) exceeded with or without the project in the years 2015, 2025 and 2030, respectively. The peak project /peak direction traffic is added to the anticipated future background to determine applicable Level of Service conditions. The signalized intersections to be reviewed as part of this project are the intersections of Randall Boulevard /Immokalee Road, Randall Boulevard /Everglades Boulevard, Wilson Boulevard /Immokalee Road, Oil Well Road /Immokalee Road, Oil Well Road /Everglades Boulevard. In addition some of the project accesses with the county road network may warrant signalization. Empirically, the project is estimated to create a significant delay at these intersections that may warrant modifying the turn lane configuration geometry (additional turn lanes) at these intersections that would in turn bring them to an improved service level. The detailed evaluation of intersection improvements would be implemented at the time of proposed development plan design and permitting, as applicable. 18 1/10/2012 Item 8.A. Orangetree PUDA Rezone TIS—June 2011 Planned Unit Development Amendment Petition AR No.3608 Table 6A—Roadway Link Level of Service (LOS)—With and Without the Project in the Year 2015 Table notes: LOS capacity volumes for future 4-lane conditions and 6-lane conditions Blvd are based on countywide average capacity of similar roadways (2,179 vph, 3,492 vph, respectively), 19 Packet Page -332- 2015 Peak Min LOS Min LOS 2015 Projected % Dir, Peak exceeded exceeded Peak Hr, Peak Dir Capacity Roadway Link Hr without with ID# Roadway Link Traffic Volume Project Location Capacity Project? Project? with Project Impact Volume Yes/No Yes/No 45 fmm�kafc�Kbad: Cfid� d§ A 46 N. of Oil Well Rd 860 427 1.2% No No 45 S. of Randall Blvd 3,670 1,987 1.1% No No 44 W. of Wilson Blvd 3,790 2,122 0.7% No No 43.2 W. of Collier Blvd 3,629 1,924 0.4% No No . . . . . . . . . . i..9UUKZ' -------------- 133 E. of Everglades Blvd 900 818 2.2% No No No No 120 E. of Everglades Blvd 3,492 465 0.6% 121 E. of Desoto 3,492 460 0.4% No No 135 S. of Oil Well Rd 900 333 0.3% No No 134 S. of Golden Gate 900 378 0.2% No No Blvd 138 S. of Randall Blvd 900 86 0.3% No No Table notes: LOS capacity volumes for future 4-lane conditions and 6-lane conditions Blvd are based on countywide average capacity of similar roadways (2,179 vph, 3,492 vph, respectively), 19 Packet Page -332- wP% to a� N r O N O r Orangetree PUDA Rezone T/S —June 2011 Planned Unit Development Amendment Petition AR No.3608 Table 66— Roadway Link Level of Service (LOS) —With and Without the Project in the Year 2020 Table notes: LOS capacity volumes for future 4 -lane conditions and 6 -lane conditions Blvd are based on countywide average capacity of similar roadways (2,179 vph, 3,492 vph, .respectively). 20 1/10/2012 Item 8.A. Orangetree PUDA Rezone TIS —June 2011 Planned Unit Development Amendment Petition AR No.3608 Table 6C— Roadway Link Level of Service (LOS) —With and Without the Project in the Year 2025 Table notes: LOS capacity volumes for future 4 -lane conditions and 6 -lane conditions Blvd are based on countywide average capacity of similar roadways (2,179 vph, 3,492 vph, respectively). 21 Packet Page -334- w� a) N r O N O Orangetree PUDA Rezone TIS —June 2011 Planned Unit Development Amendment Petition AR No.3608 Table 613- Roadway Link Level of Service (LOS) —With and Without the Project in the Year 2030 Table notes: LOS capacity volumes for future 4 -lane conditions and 6 -lane conditions Blvd are based on countywide average capacity of similar roadways (2,179 vph, 3,492 vph, respectively). 22 1/10/2012 Item 8.A. Orangetree PUDA Rezone T/S —June 2011 Planned Unit Development Amendment Petition AR No.3608 Improvement Analysis Randall Boulevard is to be improved to four lanes according to the Collier County 2030 financially feasible long range transportation plan and this is assumed to be completed by 2020. With the four lane improvement of Randall Blvd by 2020, no Level of Service deficiencies are projected through the build out year 2030. Collier County transportation staff has also been proactively master planning Randall Boulevard as a 6 -lane facility to accommodate the potential growth to the east (Big Cypress Community) and the Randall Boulevard Commercial area under planning along the south side of the project, in addition to the proposed project. Such an improvement will provide an enhanced capacity to accommodate future growth. The link analysis assumes a 4 -lane Randall Blvd facility and planning for the 6- laning of Randall Blvd does make sense. Oil Well Road is currently under construction to a 4 -lane configuration along the project and Immokalee Road is 6- lanes along most of the project. Additional surrounding roadways, which are not significantly impacted by the project, will be improved in the future such as Wilson Blvd; Everglades Blvd based on the Collier County LRTP. Mitigation of Impact The developer will provide appropriate mitigation and commitments as listed in the revised Planned Unit Development (PUD) document, in order to aid transportation improvements as applicable. F *7 Packet Page -336- w� m N O N O r Orangetree PUDA Rezone T!S —June 2011 Planned Unit Development Amendment Petition AR No.3608 Appendix A: Initial Meeting Checklist Methodolo IN 24 ins) (3 Sheets 1/10/2012 Item 8.A. Orangetree PUDA Rezone T/S —June 2011 Planned Unit Development Amendment Petition AR No.3608 Appendix A: Orangetree Methodology Meeting APPENDIX A 1NrrlAL MEETING C'HECKLIS'f Suggestion: Use this Appendix as a worksheet to cusure that 111► important elements are overlooked. Cross out the items that do not apply. Date: Nogemher 16, 2009 Time: 2 :00 pin Location: C'C Trans Services Peunle Attending: Name. Organization, and Telephone Numbers 1) Michael t.ireene. ('C=1'ransp�nation. 252 -8192 2) .lobo Qo(czerwinsla. C'C Trans porttition. 252 -8192 J) "Vim Hancock. Davidson bigincerint;, 43.4 -0060 4) Norrnan - frchilcc')ck. Trehileock Consulting Solutions. 566 -4551 Studv Prepare r: Preparer's Name and •title:. Norman Trebilrock_Ah"i'.Pr, O r-linization: Trebilcock Comuhin(Solufionti Address 6', Telephone Number: 6660 Man,tovc W'ax, Minim FL 34109 Reviewcrts): Reviewer's Name. & fitle: John I'miczerwinskv Proiect Manager Collier C'ctuntti_'fraasport.nion Planning Department, 52 -8191 Applicant: Applicant's Name- Ommetree Associates Address: 4500 LXCCnfiVC Drive. Suite 1 10. Naffs. FL 34119 Telephone Number: 239_596-4088 111•onosed Development: Name: 0min etree PUD Location: NE itPthe intersection of Randall Blvd and humokalee Road (2.137 ac + / -) Land Use Type: PLID ITF Code fl: 210 `insie- Fauniiv Res, 230 Res Condo!Fownhouse: 710 Caen Ofiicc. Lild�: 720 Medical Office Bld(: 820 Sbuppint; Centcr: Proposed number of development units: Addition of 1.250 residential units, 100.000 sf office. and 172.000 sf retail Description: >jF7ct -J F--'"- r i�?b —^ 'T TP 1 Page I of 3 25 Packet Page -338- i N N 0 N O r Orangetree PUDA Rezone T/S —June 2011 Planned Unit Development Amendment Petition AR No.3608 Appendix A: Orangetree Methodology Meeting lgnin� Existing: VUD Comprehensive plan recommendation: } p Rcyuested: PIA) !!! Findings Ol'the Preliminary Study: Study • VPc: Small_scalc_t'IS MinorTIS Maior'HS x Studv Arcs: Boundaries: Immokalee Roadl;_LM Well Road: Randall Blvd, Wilson Blvd: Fiverglades Blvd 14- L1ie-_ r s• i 2c, 36 c Additional intersections to be analyzed: A'^� Horizon Ymr(s): 2Q wars Analysis Time Period(sI: 20 curs Future Off-Site Developments: Source of Trip Generation Rates: ITC: Reductions in Tt'iu Generation Rates: None: Pass -by trips: 11I_ Internal trips (PUD): 1-JUL, Transit use: N/A Other: Horizon Year Roadway Nerworlc Improvements: ?0 Year ,Methodolot,v & Assumptions: Nan -site UaGtic estimates: 2009 AI IIR Site -trip generation: I•II Trip distribution method: 11or Staff Coor(lil,ation 4 _ A 1:• at. c,I ttt�r j "r s;n.J Traffic assignment method: . Traffic growth t �r C.J c;t rT i h L LT 26 1/10/2012 Item 8.A. Orangetree PUDA Rezone TIS —June 2011 Planned Unit Development Amendment Petition AR No.3608 Appendix A: Orangetree Methodology Meeting Special Features: (born preliminary studV or prior experience) Accidents locations: N/A Sight distance: N/A ( )acuing: N/A Access location & configuration: Ng1t "Traffic control: N/A Signal systettt IvCatiott & progrcrssiun needs Fxxistin ��er Can -site parking needs: LDC kr r Data Sources: ['I'Fi. ('C Counts. C'C Auir ,r rU.t I C'Ou";r� Base reaps: � � Access pulic)- and jot iscliction: Cxist 11. L) Review prnccsti:✓ Rrquirenrcnls: Miscellaneous: r— c:. ej, t dl SIGNATURES j Study f'r� firer -- .�, - -. Sri C v t!' Applicant t ,.,(< 27 Packet Page -340- .'N) 1't 4 xL.'..ifl u"f'7�' Ilage 3 ol'3 i N r O N O Orangetree PUDA Rezone TIS —June 2011 Planned Unit Development Amendment Petition AR No.3608 Appendix B: Project Site Location Map & Trip Distribution Map 2 Sheets 28 1/10/2012 Item 8.A. Orangetree PUDA Rezone TIS—June 2011 Planned Unit Development Amendment Petition AR No.3608 AP-P,ftu4:,.R. Orangetree PUDA Site Location Map Packet Page -342- O O Orangetree PUDA Rezone TIS—June 2011 Planned Unit Development Amendment Petition AR No.3608 30 1/10/2012 Item 8.A. Orangetree PUDA Rezone T1S —June 2011 Planned Unit Development Amendment Petition AR No.3608 Appendix C: Project Master Concept Plan, Master Access Exhibit, and Aerial Map (4 She 31 Packet Page -344- W N_ O N O r r Orangetree PUDA Rezone TIS June 2011 Planned Unit Development Amendment Petition AR No.3608 i i I 61st[ VUfS(VM'si'tdV�t taVW afllSVW 4' Oil alms";, oani1i1.7d"Wt „ °• ^•••• q _: 'y �' � � � 'e ,8 53tV1a OSSV 3MODNYHO atioriu $ , 1;3 i %�S varw yaw +oxvncr ' s a - 3 # o g(( W vk 0 3 ru 3 rsigp z° 8 �' sa ;Ira Q� i j{�j�j a90 `�� �g5 i W W W 7 IJ �...+ ! mx L_I i s uwv'� s f .............................. e . . . . » . . . . . . . . . . . . . . . . . . . . . . . . +._.. = y o 7 :ie! C� /�� ~•r. + ' -' ::� is .�U� « ! : O n SS u.a.uaaaaaaw. � ' �'� � i ....�_... �r . _ «.. 1J �•___.. «........ey�=� 1 �� ..•^� f ,mil `,,, � �` a � fiwi _ �EiB� i P R�i XL�j= rye rdW � tS5 °a: =#i 1/10/2012 Item 8.A. Orangetree PUDA Rezone TIS—June 2011 Planned Unit Development Amendment Petition AR No.3608 j� n F Z cc 41 14, lejoziagms)ss) mnnaw P IN, T 0 4 4 IuJ 44 _j • UVO-d ,391VAOMNI j� n F Z cc 41 33 Packet Page -346- 611 CZ j id all -INS an HH all ;M 4 a5 Ori 9 C 1w M 14, 4 4 33 Packet Page -346- 611 CZ j id all -INS an HH all ;M 4 a5 Ori 9 C 1w M N_ 0 N O Orangetree PUDA Rezone T/S —June 2011 Planned Unit Development Amendment Petition AR No.3608 i 1 Iio r _ - - -- n j ? - - ----------- s 1 - a cX . if � .. fLlo 1133H833813N1'IH'J1VIN" . _ -a�_� 1- I,i W n N U Y }a m B 4 Bid ER ul 2mC e N ' h� CZ Sou a;s: s rcs 0 4 34 1/10/2012 Item 8.A. Orangetree PUDA Rezone T/S —June 2011 Planned Unit Development Amendment Petition AR No.3608 ORANGETREE PUDA REZONE AERIAL LOCATION EXHIBIT 35 Packet Page -348- w� L N O N 0 Orangetree PUDA Rezone T/S —June 2011 Planned Unit Development Amendment Petition AR No.3608 Appendix D: 2015 Collier County Roadway Network Financially Feasible Plan 1 Sheet), 36 1/10/2012 Item 8.A. Orangetree PUDA Rezone TIS —June 2011 Planned Unit Development Amendment Petition AR No.3608 2030 LwW Rantr Transportation flare FiLurc 12 -7 21115 Fi"a"cialh F44,0111%, Mull"al Ilia" ITA {tAtN a taF C* p r Ott "IL "O d. lit AU ve IMMOMdtC!'RD q 1�1 RAHba4t RLVO G HaMpl�ertr CAC a O a ,}tx RIOGi AO MWNtt k a > I OOUFfM L! MM'.. k .. _ ,.rte... • Do sr °' Imma6ateeArea TTt y K NAM6.00N } *� x� INNORAtit 3, Legend " Number of Lanes by Color i rw 4 4 ei w 6 o'. i 1101 1 R I P 37 Packet Page -350- I.. N r O N 0 Orangetree PUDA Rezone T/S June 2011 Planned Unit Development Amendment Petition AR No.3608 Appendix E: 2030 Collier County Roadway Network Financially Feasible Plan 1 Sheet)- 38 Orangetree PUDA Rezone TIS —June 2011 Planned Unit Development Amendment Petition AR No.3608 20,30 t_aug Range iraimpallatraa Nall 0 Figure 12 -4 21140 ( "noarnincd and (ontiagesit Fivancialh Feasible Plan 1/10/2012 Item 8.A. ., - IRIY SLmc I Idme 39 Packet Page -352- tdcaaea 1,.nr x. a� N r O N O r Orangetree PUDA Rezone TIS— June 2011 Planned Unit Development Amendment Petition AR No.3608 Appendix F: Trip Generation Calculations 7 Sheets), 40 Orangetree PUDA Rezone TIS—June 2011 Planned Unit Development Amendment Petition AR No.3608 Appendix F--Trip Generation Calculations OL;trtcj•z:U,;,n FUD.1% Rez;jw,:,, Prupowod AddiLloual Summary of Multi-Us,, Trip Generarinn Av(-.,ra,je 09, 2009 4 Hou i AM N: Four PM TIP. Hour ,Wu-way Sand U:!c siz • Vcdum• Lnt-cr Evit enter E%it Singh rmni ly Detache.d Hotleinq 950 Erm;,111rig 8250 169 506 502 295 Residential Condori)iniurii / Townbouse 300 nwuil 174 -3 21 11.E 105 5i. G(eI,Qral OLIlue BuIldiliq 50 Th.Sq.FL. GEA 732 95 13 2'3 112 Medical-D-antal Qffice building 50 Th.Sq.Ft. CTFA 1.807 91 24 47 126 Shocpirig CeriLeL 17.1 rh.Sq.FL. FLA 9661 129 83 448 467 Tot,,l Volumie 11 '11,37 11 105? Touul Peak, 11nur Prae-u-U•y T1 i1x 0 0 149 1513 Tr-,Lal Hout Vc>l. A6,1e.d tc• 50�, f:",( 3'I6 8- L� A aato indicates no data ival lahte. TRIP BY MICROTRAN'S 41 Packet Page -354- 1/10/2012 Item 8.A. w N 10 Orangetree PUDA Rezone TIS—June 2011 Planned Unit Development Amendment Petition AR No.3608 Total Elk Ill Vol Ad&-d to jIdjt:,C-Cht St-'CCtZ, 1053 93' NuLu: A z(;Xo indicates no data TRTIP GFNEPATTON BY MTCROTRAMIS 42 Appendix F- -Trip Generation Calculations OtanqeLxee FUDA Rezone Ftupozed AddiLiorjai E)evt,,iopmvnL Summary of Multi -tile Trip Generation .'Aturdmy eold Sunday Driveway VabiIII&S Dec uJ,cr 09, zQ09 . .... ..... Saturday .. . ...... .. . Sunday 24 Ill Peal, ILIOI.Ir 24 Hr Peak How: 2-Way 2-Way Land [18e Size Vol. Enter Exit Vol. F.ntt,.r Exit Single Fawi.ty Detached 4ousin7 06 9SO U111L., 8958 453 402 8385 '%2 EKsidc'ntial rowfm-ou� 300 Dwelling Units 170 75 GC) 1452. r, IS G9 Gellulal Offlf.;e "Wilding Sri Th.,S•.Ft. GPA 125 ii 10 39 S 4 C) Medical-rjfmtal Office NitIrling 513 Th.Sq.Ft. GFA 44B I()',, iH 78 11 io Shopping ('enttr 172 Th.Sq.Ft- GLA C) 1.3003 634 525 690 3 0 0 ToLal Dzlvcnv_ty VolLune 4 2 65 1276 1141 16857 41 G'y 112 -zql: Hc)ur Pass-Ltv 'flips "'otal Pr 206 Total Elk Ill Vol Ad&-d to jIdjt:,C-Cht St-'CCtZ, 1053 93' NuLu: A z(;Xo indicates no data TRTIP GFNEPATTON BY MTCROTRAMIS 42 1/10/2012 Item 8.A. Orangetree PUDA Rezone TIS-June 2011 Planned Unit Development Amendment Petition AR No.3608 Appendix F - -Trip Generation Calculations (')ran,w-ttee. PUDA Rez-c3 n A; T'r, ' poz ' d Adclit.jo Derr "nal Detopment Sutimituy oL Tilp GenQxzltlol: C.1"c;L1laUon For TO rA•if0ling Units of Singi,;! Family Detached Housing Ve-C,tembe! 09, 2009 Avg. •TI=.Pkd.ziy 2-Way Volume 7-9 JZV•T Peak Hour Enter 7-9 AM P-4- a k Hour Fxi L 7-9 N-11 Pt-i k Hour Total 4 -(i PM Peak Hour Enter 4-6 F'M, P K- Hol i r Exi L q-6 FM Pc-u k Hout Total All. F1. lirl G #Ll 11 C!r,1A t OX Erl V Q' r Al PI: I Ir, Generator:. Exit AN Pic Hr, Generator, Tota I P14 •lt HL, GeILULh L or . En L ci VM PI: fir, Gewaratox, L.x i t I'M Pi, Hr, Generator, Total S,- , aturri�rty 2-11-Ay V•luvir S I, ?I t' I rchl V P'n'0-. Hour Saturday Peak IL)LIL E-,:A Saturday Peal" Hour Tot-ml Sumday Peak Hcux Eiftet Sunday Fu'ak 1101.11: Exit Sunday Peak Hour Total Average Standard ...... .... Adjustment ...... .... . . D. r i v ew a y Rate rmiv i a r. I on Factor Vo I 11111e. 0. i s 0.00 1.00 169 0 0.00 1.00 LIOG 0.71 0.00 1.00 675 0.53 ❑.00 1.00 s OZ. 0.11 O. DO 1.00 23L 0.811 0.00 1 0 0 '19-1 .9. i9 0.00 1: 00 176 0.53 0.00 1.00 501 11.71 0.00 1.00 7 7 i1.5_ 0.00 1.00 96 0.219 0.00 1.00 279 0.82 0.00 1.00 7 7 6 9.4 C.- 0. (.1! 3 1.O0 8 q H, 8 0.48 ('. M) 1.00 453 0.42 0.00 1.00 110 2 0.90 0. Oft 1.00 W)5 8.{? 3 1). 00 1 .00 S385 x7.41 0.00 1.00 385 0.36 0.00 1.00 34? 111. 7; 0.00 1100 727 Mote: A Zero iadicates nr, data Th-a above Yates wRxe calculAt�Cl from th�se equation 24-Hi. 21-tlay LH (T) - . 92L11 (X) + 2.71, R"2 - 0.96 7-9 A�j pf_,jj*, tI.L. Total: T - , '7 (.*':) + 9.71 R•2 - 0.89 , 0.25 Fnter, 0.'/5 ..::It i-6 EIM Peak H.L. ToUtl; L'N(T) . --' L 1 11 (X) 1 .51 Y' "2 b 0.91 u.621 En 1, uj: , 0.37 Ex, i L Gen Pk Ilr. Total: T - .7(X) + 12.37 R`2 0.89 0.226 intez, 0.74 E it I'M ,men Pk Hr. Total: -yd (T) G8T,N(X) 1 .62 R _ 0.91 , 0.(34 Ftil-er, 0,36 F. % i1. ,,at. 2-Wzv"' Vcllixae: Ul (T) SISLIN (X ) + 2.59, K`2 - 0.92 Sar. . Pk. qr. 'Total T 9. F, r. 0.91 0.53 FW.eL (I.A."I F.x i L 'Y'vi-ww: T 8...: (X) -13.31, R--1 94 V1, III. 1'o Cal: LN (T) 9ILM (X) + .35 P.12 0. u7 `1.53 Eritc-r, 0.47 E!Xit Trip ion, 6th L-Ji-ion, 2008. TRTP G.FHF',RA.TTQM BY KICW)TRAUS 43 Packet Page -356- Orangetree PUDA Rezone T1S -June 2011 Planned Unit Development Amendment Petition AR No.3608 Appendix F - -Tria Generation Calculations Orar ;lrkree P•UDA Rervne "Zoeetl c il_r n i ve opmer, . SultowLy oL Trlp Genesatlon Calculation For 300 Dwelling Units of Residential Condominium / Towrshoi]sa Average. Avg. week-clay 2 -11ay Volume Rarr. 7 -9 A -i Peak Hour Enter 1.00 7 -99 AM Pr--.a k Hour EN t O.0 "t "1 -9 YO Peak Hour Total Q 4 -(i UK Peak How Enter 06 4 -6 Phi NtaI: Hour F..x.i t 0:35 4 -6 Fin Ptak HouL Total C C P.M Pk Hr., G1 ;nex: .tLc, r, E:nLuL 0.52 Al", Pl: 11r, Generator, E:cit +r Af-1 r1k Hr, Gpn =,.raror, Total 0.16 PM Plt I1r, Gcw; rutux, GnCer CV PA Pk Fir, Generator, Ei;it {1.=1.3 PH Pk Hr, Cgnerator, Total NSaturday 2-way Volrin:e 0.521 Saturd_iy Perk Hour Enter O SaLuldny Peak llour EXIL 0.2 5 Saturday Peck Hour Total r .9mid.sy : -Wp.iy Column N.47 Sunday Prsak Hou-,- E1,ter 4.84 Sur,-day Peak (Hour Exit 0.22 S%inctay Peak Hlour Total Average. 5tandard Rarr. Devlation 1.00 lit O.0 "t 0.010 1.00 105 0.44 0.69 0:35 n. 00 0.'1.7 0.00 0.52 0.75 0.08 0.00 0.16 0.00 0.44 0. sib {1.=1.3 0.00 0.19 0.00 0.521 0.75 5.67 3.10 0.2 5 C,.Orl 0.22 0.00 N.47 Q. "!.l 4.84 :'.71 0.22 O.00 0.23 0.00 0. 115 0.70 Note: A zero inclicat s no data availahle. Source: Tn:4titut.s of Tran:sport..,�r.len Engineers Trip i+?nerat.ion, Pth Edition., 2008. Adjustment Driveway Factor Volume 1.00 1743 1.DO r.1 1.00 lit 1.00 132 1.00 105 1.00 51 1.00 156 1.00 24 1.00 100 1.00 131. 1.00 99 1.00 57 1.00 15 ti I,ot) 170i 1.00 66 1.00 1,41 1.00 11S;i 1.OU Ei6 1.00 69 1.00 1'35 TRIP GEHIE.PUNi'l(W -1 BY ML ROWLANS 44 1/10/2012 Item 8.A. Orangetree PUDA Rezone TIS-June 2011 Planned Unit Development Amendment Petition AR No.3608 Appendix F - -Trip Generation Calculations Oranejtatreei PUFvA N-7cme vror)OSV AddiLibrim.1 SUU111tary oL Trip Gouc-r-�iUor% cal�;u laU011 For 50 Th.Sq.Ft. CFA of General Office. RuIlding Dec!e"a,er 09, 2009 Avg. Weekday I ' -1-lay Volume 7-9 AN Peak Haar Enter 7-9 AM r, P.. a k Hour Rxi t, 7 -9 IV. Peak Hour Total 4-6 PX Peak Hour F. r. 17. a r 4-6 I'M P (-. di k Hour Exi 1 4 -0 Plel Fc-a V Hour Total AJ41 F I,. III:, GeueraLor, E r i L, _ r AJI VI: 11r, Generator, Ex -i v- Ail Pk Mr, Ge n e ni T. o r, -1 or-a I PM Pl- Hr, G'enerawx, linter PM PI: 1-Ir, Generatox, Exit Did Pk Hr, G a r. e i - a t or , -1 o t a I Sn -11 rd'sy Vo I uw= -vil-lay Pewak, 1-foul Enter Set L 1.1 rda y Pcak flout •.*,-;L i at i.t rday Peak Tiour Total Standay '-Way 'VAilw�- Sunday Peak Hour Enter Junday Fcank Hour •.xit Oland, ay Peak Hour Tc;tal Average slan'iaLd Adjustment Driveway Rate Dev!AT%inn Faarxi r Volurno 15 65 0.00 1.00 712 1 90 (). 00 1.00 95 0.26, u.00 1.00 13 ...i5 0.00 1.00 108 0.46 0.00 1.00 .... : %4 0.00 1.00 112 x.70 0 Ou 1.00 Ia. 1.90 0: 00 1.00 95 0.00 1.00_, 13 .15 0.00 1.00 t Os 0.4G 0.00 1.00 23 2.V4 0.00 1.00 112 2.70 0. OCI 1.00 135 0. Orl T.00 121 0.19 0.00 1.00 10 0.4 (10 1.00 r 2 11.79 r)(1 i .00 :Z 0.10 0.00 1.00 0.07 0.00 1.00 4 Ij 1.7 0.00 1.00 4 Mot*-: A Zero indicates i-:i data availlak >le-. Tha :0-K-we rar. WRI-3 calculat,:-.d From tN-.c-,e equations. L,I-Hr . 2-4tay Volujw�: UP (T) + -,.Cb, R'-" - 0.8 7 -ti Ni P uz, 'I, Iii. 'I ' o L a 1 (Y ) m .8LN (Y.) + 1.55 R"? , 0.88 Enter, 0.12 Fx1r, -1 - 6 E'M Peak Hr. TuLal: T - 1.12(X) ';3.51 W'2 O. S2 0.17 Eliroi, O. f,3 E;iiL AJ-1 ';_!n Lli- 11r. Total: LIT (T) . 6'L N X) + 1.55 F,1,2 - 0.0� , :;rlrer, �1. 12 L,%it 171-1 G4�n P", Hr. Total: T I . U� (X) 7P.81 R".. 0.82 0.1:1 Enter, 0. B3 F-x I t., Sat. Volume: T 2. 14 W + lu.47, R'2 - 0.66 Sat. Pk Hr. Total: LN (T) .81T.F1(X) 1. -.12 r<"-' - 0. 1., 9 , 0. Ivi EW'j--j. , F.:::1 t. &.1n. 2-Wily LIT (T) .66LN(X) 4- .31, R'2 5 S'u f i . F It lit. . To U1 LN LN (X) + - 2 R-2 0.56 , 1) . 513 Ent 0.4_ I...x i t of -Tiaji:;pozi.ut , Lon -Friyunuun: Tt:ip 'Uth 'edition, 2005. TRTM GFNERATTOM qlt MTCROTRANS 45 Packet Page -358- a) 0 0 Orangetree PUDA Rezone TIS-June 2011 Planned Unit Development Amendment Petition AR No.3608 ADoendix F - -Trip Generation Calculation Orhts-.Iet ree. PUDA R,^zwOT'k(zp()3H0 A lEilorial D"Ve.10j1n-&-nt Sulwfla,cy of Ttlp Gcne re,Llor. Calculation 50 Th.Sq.Ft.. GFA of rledicdI-ryen"al Offick� Building 09, -0119 .... . ....... Average Standard AdjUStIN-ent - ----- Urive'rl-BLY RAt'.(1 Dev i at. i n n Facto 1, Volume: Avg. Weekday P-Sway Volume 3!5.13 1.0.18 1.00 IR07 7-9 NMI Peak Hour Fnt.p.r i.82 0.00 1.)110 7-9 AM F, ea k Hour, Ex 11. 0.48 fJ.00 1 .00 7 -9 YN Pt_ak Hour Total 2.30 1.88 1.00 115 4-6 PK Peak Hour Enter 0.93 0.(!t) L.00 47 4 -u M"t HOUr F, Xi. k,. 2.1)3 0.00 1.00 1 .! G 4-6 PM Pca k Hour Total 3.46 2.511 1.00 173 pj.: P1: fir, G rte'ra Lox, EtIL.-,L 2.39 •.00 i 1 01) 120 ,PtM III: fir, Generator, E -x i t 1.23 0.00 1.00 Am PI, Hr, Gte!w?rar.cr, Total 3.62 2.38 1 181 Pk ]Jr., 1�enlarZl Lox, En LUX 1.70 0.00 1.00 89 PM Y1. 17r, Generator, E,:, t 2.67 0.00 1.00 134 P14 Pk fir, Gana". taj-, 'I ota 1 4.4:} 2.50 1.60 .22 3 Saturday 1. -Way vaj.xlma P.96 9.17 1 449 3titu day FOU.1 ().(711 1'•(10 1,o3 Saturday Yrah lbuL E,.,-! L 1.56 0.00 1.00 7 Saturday y N-_,:.tI, Hoi,n' Total ;4.63 1.93 i.00 18 Sunday :-WAY Volume 1.3`.+ 1.80 Sunrhay P. =ak' Hour Entcr r).21 0.001 1.00 li Sunday Pca Hour Exit 0_19 0.00 1.00 10 Jaky Peak Hour Total S',an, 0,40 00 1.00 2 Note: A zer,:l indicates no data available. .qoqi-ce: Tni.;tAtute of Tran:'Port.ation Rngllnet-ys Trip G,�neratinn, F--h Edirion, 7.008. TRIP GEMEMMON UY M1CRQTPJvNt; 46 1/10/2012 Item 8.A. Orangetree PUDA Rezone TIS-June 2011 Planned Unit Development Amendment Petition AR No.3608 Anvendix F - -Trip Generation Calculations ()ranq�A. tee. PUDA Rezone. -Frapwieo Tacil k I V e. I OrMle-Z' t Stirmuiuy of Tilp Generation Calculation For 172 Th.Sq.Ft. GLA of Shoppinq Center Decer(".'er (19, ?U09 Avexaar- Standard Rate Deviation Avg. Pletakday :,.-Way VoltimA 7-9 AM Peak Hour Fnr..-r '1 -9 AM Peak Hour Em i 1.'- 7-9 P&I Beak HuLu Total 4-6 PK Peak Hotir E n r, e r 4-6 MM A k Hour Fxi t, 4-6 FM Peak Hous Total AM Pb. 11r, Utmc-rator' Ent.: .41-11 P). fir, Generator, U i AX Pk Hr, Gene. ra t L r, ToVi PY1 PV fir, '�eitera t u r, En Lc PM Pk fir, Generator, Ex i t 1`114 PP Fr, Giinerator, Tota ,, F., t t I r 'Vol 2.-Wiy Vol torte 3r b 1.r'JN V N"Hk How Enter SEttUr;IUV Sairm'LIAV Peak Total sulld�.iy '.-Why vohlrle Sunday Peak Hour �;unday Peak Hour Exit .Umnclay Peak Hour Total Adj us tmrent Driveway Famror Vo 1 11"If- 1.00 0. 00 1.00 0.00 0.48 0.00 1. 1:13 G.00 2.61 C1. 00 2 461 5.3 ' 2 0.00 ') . O') 0.00 0. J0 0.00 1 0.00 01. 00 L 11.00 0.00 0.00 0100 1 1).00 0. or, 7 �k . GO ( i. () 0 3. G93 U. Mj 3.40 0,00 7.119 1') 1). 00 1.00 (I. oo 0.00 0.00 0.00 0.00 0.00 0.00 Adj us tmrent Driveway Famror Vo 1 11"If- 1.00 A Zern indir:ates no data avai-lable. 1.00 129 1.00 63 1. CtU 21G 1.00 448 1.00 461 00 7-9 AM 17'(3ak Elz . Total: LN (T) .59Li!(X) + 1.00 1.00 1: 00 F tc 0.39 Fr�' --r' 1.00 4-6 Pii! Peak H-,:. To Cal; LN, (T) G";LN(X) f 00 R`2 - 0.81 , 0.49 50.5 1 11,111) 1.00 9 0 1.00 1.00 0 B."..it llc)te: A Zern indir:ates no data avai-lable. Tha above rates wF!ri: calculated from these, *qi ia t i o r,.r *-',I-Hi:. 2-Tlay Vo1umc,; Ul (T) .'6t-LrJ(X) + 5. 83, R^-1 - Q. 78 7-9 AM 17'(3ak Elz . Total: LN (T) .59Li!(X) + 2. 32 R,"/ _ , - it. 6l F tc 0.39 Fr�' --r' Ex ir 4-6 Pii! Peak H-,:. To Cal; LN, (T) G";LN(X) f 3.37 R`2 - 0.81 , 0.49 Entcr, , 0.51 E:'k.*L L luM G,_n Pk Hr. Total: 0 X "- - 0 0 Etter, 0 B."..it PM -,an Pk 14r. Total: 0 R'-- - 0 0 Fllt'er' 0 -Fy i L Slat. - -Say V•aurae: U-1 (T) + 6,23, K�," - 1).r ^;2 Sat. Pk Hr. Total! TM(T) .65TXT(X) i i.76 R", 0.83 , (1.52 Frjl.et , 0.4s F-: i t sull. 2-Way T = 1t,,5'-1 (X) + 4214.46, R'2 - 0.52 L-"un. Fk if$.. Tol-l: 0 R"2- i i> Ent-'-x, SEIUL-cl- Trip uc-nera.--Jon, 8-h Editicm, 2003. TRU` G.EMERATT0VT BY 11TCROTRA"S 47 Packet Page -360- Orangetree PUDA Rezone T/S —June 2011 Planned Unit Development Amendment Petition AR No.3608 R.-., (D Appendix G: Internal Capture Summary 0 N Exhibit (1 Sheet): 48 1/10/2012 Item 8.A. Orangetree PUDA Rezone TIS—June 2011 Planned Unit Development Amendment Petition AR No.3608 49 Packet Page -362- Appendix G: Internal Capture Summary Exhibit .. ....... . J.] . ..... i-, rZI tr 10 zi ... ..... .. 49 Packet Page -362- N T- 0 N O Orangetree PUDA Rezone TIS June 2011 Planned Unit Development Amendment Petition AR No.3608 Appendix H: Trip Distribution Calculations and Maps Calculations (2 Sheets), 2020 AM Residential Map 2030 AM Residential Map 2020 PM Residential Map 2030 PM Residential Map 2020 AM Commercial Map 2030 AM Commercial Map 2020 PM Commercial Map 2030 PM Commercial Map 2015 AM Commercial /Combined Map 2020 AM Combined Map 2030 AM Combined Map 2015 PM Commercial /Combined Map 2020 PM Combined Map 2030 PM Commercial /Combined Map (16 Sheets Total): 50 Orangetree PUDA Rezone T/S —June 2011 Planned Unit Development Amendment Petition AR No-3608 N 4 .4 1*14 .-i G 6 4 .ti A sgE yy r N K N� O ry 0 0� M M N M M N Y g YWW/ d C G N N N N O N N N w O N N N N ILL V YC N t9 Q N YD M �D M N O G O O O h E ^ 4 Y ctl ry� N .ail n N� NI N N N N E Y�eett d 4 4 "•Ill �. }..h�l a hR h _p MN ".'INN@ M1 �, {IIN40 e y to t7wM o 1 ry YMrNwQtFrt4NNrlNNra Y ¢ C h ;a �� b4bbm4gooa4e;afl4 a K A 6 G n E _ o o s a CK }. r2v 33 u 2v ri2i v 9 AA O {qI e y K O W C S 1/10/2012 Item 8.A. 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SRLYL70SSV aziJ.g=Jx"o xvrlalvraay MOM Ycnj gffuwxwo h gig ddd O ez � • ao � • • 1/10/2012 Item 8.A. PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a Neighborhood Information Meeting (NINO held by Orange Tree Associates on: Date: June 29, 2011 Time: 5:30 PM Location: Collier County UFAFAS Entenslon Office, 147001mmokates Road, Naples, FL Subject Property: The subject property Is bounded on the west by Immokalee Road (CR 846), on the south by Randall Boulevard and is bounded on the north and east by drainage ways and both vacant and developed platted lands. Orange Blossom Rench MPUD also lies to the east. Oil Well Road (CH 858) runs through the site project In an east -wart direction. The Orangetree MPUD contains +/- 2,138.76 acres and is located In parts of Sections 13, 14, 22, 23, 24, 25, 26 and 27, Township 48 South, Range 27 East, Collier County, Florida. ! r :I at1NJFLT :`ij a P1tttPFRTY tl a ,uliy�lY+'da 1 1: i �11.z I f t�—L_` its_ I t 1 i Orange Tree Associates is requesting to amend the Orangetree MPUD to: - To increase the maximum allowed residential density by 1,250 units to allow for a maximum of 3,350 single and /or multi- family dwelling units (for a gross project density of 1.6 dwelling units per acre, and; - To Increase the maximum allowable commercial intensity from 60,000 square feet to a ma)i- mum of 332,000 square feet, subject to the following limitations: • A maximum of 232,000 maybe constructed on the two (2) Neighborhood Commercial "NC" designated parcels (totaling 23.9 acres); - A maximum of 100,000 square feet may be constructed on the 9.4 acre Office Commercial "OC" designated tract; a A maximum of 100,000 square feet commercial retail, personal service, and office uses may be constructed on the 22.3 acre Mixed Use " MU tract' , provided that the allowable square footage of Neighborhood Commercial "NC" is reduced by the amount of commercial square footage constructed in the Mixed Use "MU" tract; • Additional changes to the PUD include a revised and updated PUD master plan, and updating PUD nomenclature to reflect current code citations and similar references. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the proposed MPUD Amendment with the applicant and County staff. if you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone, fax or e-mail to: Kay Deselem, AICP, Principal Planner Division of Growth Management - Planning and Regulation 2800 North Horseshoe Drive Naples, Florida 34104 239 -252 -2931 Fax: 239-252-6357 kaydeselemOooiliergovnet No. 231182557 June 22 2m 1 Packet Page -380- 1MULHERE & ASSOCIATES, LLC PO Box 1367 Marco Island, Florida 34146 r•imulhere @gmail.com 239.825.9373 phone June 13, 2010 Dear Property Owner: Please be advised that the Orange Tree Associates has made a formal application to Collier County for an Amendment to the Orangetree MPUD currently in effect on the following described property: Property Location Description: The subject property is described as "North Golden Gate" the "Rural Settlement Area District" on the Collier County Future Land Use Map (F.L.U.M) map and is bounded on the Q west by Immokalee Road (CR 846), on the south by Randall Boulevard and is bounded on the north and east ap by drainage ways and both vacant and developed platted lands. Orange Blossom Ranch MPUD also lies to the east. Oil Well Road (CR 858) runs through the site project in an east -west direction. The Orangetree MPUD N contains +/- 2,138.76 acres and is located in parts of Sections 13, 14, 22, 23, 24, 25, 26 and 27, Township 48 South, Range 27 East, Collier County, Florida. N_ O Orangetree MPUD Amendment Description: The PUD presently allows for a residential density of up to 0 2,100 single and /or multi - family residential dwelling units; recreational facilities, including golf courses; parks; schools; government facilities; agricultural uses; and an intensity of up to 60,000 square feet of commercial uses, including retail, hotel motel, personal service and office uses. The PUD amendment seeks to increase the maximum allowed residential density by 1,250 units to allow for a maximum of 3.350 single and /or multi - family dwelling units (for a gross project density of 1.6 dwelling units per acre. The PUD Amendment also seeks to increase the allowable commercial intensity from 60,000 square feet to a maximum of 332,000 square feet, subject to the following limitations: •A maximum of 232,000 may be constructed on the two (2) Neighborhood Commercial "NC" designated parcels (totaling 23.9 acres); •A maximum of 100,000 square feet may be constructed on the 9.4 acre Office Commercial "OC" designated tract; •A maximum of 100,000 square feet commercial retail, personal service, and office uses may be constructed on the 22.3 acre Mixed Use " MU tract ", provided that the allowable square footage of Neighborhood Commercial "NC" is reduced by the amount of commercial square footage constructed in the Mixed Use "MU" tract; Additional changes to the PUD include a revised and updated PUD master plan, and updating PUD nomenclature to reflect current code citations and similar references. In order to provide you an opportunity to become fully aware of the proposed PUD Amendments and to give you an opportunity to provide input, we are holding a Neighborhood Information Meeting (NIM) on Wednesday, June 29, 2011, beginning at 5:30 PM, at the Collier County UF/IFAS Extension Office Multi - Purpose Room, located at 14700 Immokalee Road (Naples, Florida 34120). Should you have any questions, please feel free to contact me at (239) 825 -9373. Sincerely (on behalf of Orange Tree Associates) P, V &&W ,✓ (Signed Electronically To Expedite Delivery) Robert J. Mulhere, FAICP, President/CEO Kay Deselem, AICP, Principal Planner, Collier County community planning 1 entitlement & land development services 1 lobbying I business development I business strategies I public policy Ln 1/1.0/2012 Item 8.A. VJ 14 V l\A E ui C� q- LPN CL 'A 0 Al U Q113 lc:>C; -5- ir UY 11 z �r N N 0 N 0 41 1 to i7n, ► ` I L/ - � _ W t--- i �� ON C 19 IL CL "r; "tj C�� rf, iv �,,, ,eft 1. L 5,z n% q� rk +j a) to 6— Ln 1/10/2012 Item 8.A. Clt-rlt:L r-CISC: -JO-1 E Ilk I CI 0 CL CL Yl. Qk) e7l� IA :2 E N, OA . . . . . . . . Clt-rlt:L r-CISC: -JO-1 N N O N O Orangetree MPUD Neighborhood Information Meeting (NIM) Handouts NIM Meeting: June 29,20115:30 PM NIM Meeting Location: Collier County UP /IFAS Extension Office Multi - Purpose Room 14700 Immokalee Road Naples, FL 34120 Orangetree MPUD Amendment Description: '('he PUD presently allows for a residential density of up to 2,100 single and /or multi- family residential dwelling units; recreational facilities, including golf courses; parks; schools; government facilities; agricultural uses; and an intensity of up to 60,000 square feet of commercial uses, including retail, hotel motel, personal service and office uses. The PUD amendment seeks to increase the maximum allowed residential density by 1,250 units to allow for a maximum of 3,350 single and /or multi - family dwelling units (for a gross project density of I.6 dwelling units per acre. The PUD Amendment also seeks to increase the allowable commercial intensity from 60,000 square feet to a maximum of 332,000 square feet, subject to the following limitations: -A maximum of 232,000 may be constructed on the two (2) Neighborhood Commercial "NC" designated parcels (totaling 23.9 acres); -A maximum of 100,000 square feet may be constructed on the 9.4 acre Office Commercial "OC" designated tract; -A maximum of 100,000 square feet cotiunercial retail, personal service, and office uses may be constructed on the 22.3 acre Mixed Use" MU tract ", provided that the allowable square footage of Neighborhood Commercial "NC" is reduced by the amount of commercial square footage constructed in the Mixed Use "MU' tract; For your reference the master plan, aerial and excerpted text from the draft PUD document are provided which outline the changes in uses that would be allowed in the existing and proposed commercial zoning districts. Language struck thru is currently approved under the existing PUD. Language underlined is proposed under this application. community planning entitlememt & land develop ment services . lobbying business development . business stratc$ its public policy }� : X ASSOCIATES, LLC i PO Box 1367 Marco Island, Florida 34146 s Orangetree MPUD Neighborhood Information Meeting (NIM) Handouts NIM Meeting: June 29,20115:30 PM NIM Meeting Location: Collier County UP /IFAS Extension Office Multi - Purpose Room 14700 Immokalee Road Naples, FL 34120 Orangetree MPUD Amendment Description: '('he PUD presently allows for a residential density of up to 2,100 single and /or multi- family residential dwelling units; recreational facilities, including golf courses; parks; schools; government facilities; agricultural uses; and an intensity of up to 60,000 square feet of commercial uses, including retail, hotel motel, personal service and office uses. The PUD amendment seeks to increase the maximum allowed residential density by 1,250 units to allow for a maximum of 3,350 single and /or multi - family dwelling units (for a gross project density of I.6 dwelling units per acre. The PUD Amendment also seeks to increase the allowable commercial intensity from 60,000 square feet to a maximum of 332,000 square feet, subject to the following limitations: -A maximum of 232,000 may be constructed on the two (2) Neighborhood Commercial "NC" designated parcels (totaling 23.9 acres); -A maximum of 100,000 square feet may be constructed on the 9.4 acre Office Commercial "OC" designated tract; -A maximum of 100,000 square feet cotiunercial retail, personal service, and office uses may be constructed on the 22.3 acre Mixed Use" MU tract ", provided that the allowable square footage of Neighborhood Commercial "NC" is reduced by the amount of commercial square footage constructed in the Mixed Use "MU' tract; For your reference the master plan, aerial and excerpted text from the draft PUD document are provided which outline the changes in uses that would be allowed in the existing and proposed commercial zoning districts. Language struck thru is currently approved under the existing PUD. Language underlined is proposed under this application. community planning entitlememt & land develop ment services . lobbying business development . business stratc$ its public policy RESIDENTIAL DEVELOPMENT PERMITTED PRINCIPAL USES AND STRUCTURES R4 R -2 R -3 R -4 - Deiaehed single family home •— Mo''dz-fr-units • Detached and attached single family dwelling units heroes • Duplex and /or two - family and tr-iplekdwellinc, units • Multi - Family dwelling units, includine Quster- hemes, zero lot line, and townhouses • Model units, in accordance with Sec. 4.06 (Table IIA) • Recreational facilities, parks, lakes and water management facilities •— walie GaMen apaftments, low rise ulti - family 1/10/2012 Item 8.A. villas, patio homes, • All uses permitted in the R -2 designation • Multi - Family, limited to 2- stories • Resort Lodging Units: A Maximum of 100 of the total permissible dwelline units may be developed as resort lodging units proximate to the golf course and /or clubhouse` Said units will be constructed consistent with the Multi - Family Development Standards listed in TABLE II B. excegt that minimum floor area will be 350 sa ft. Multi - Family, All uses and associated development standards permitted in the R -2 and R -3 designations PERMITTED ACCESSORY USES AND STRUCTURES • Accessory uses and structures customarily associated with use permitted uses in this district • Essential services and facilities • Accessory Guest homes in as on lots one acre or larger in size • Community Facilities such-as clubhouses, pools and playgrounds to serve residents of the development. Words Underlined are added, words stmok-dueugh are deleted Packet Page -386- ps M W N T- C) N O GN NEIGHBORHOOD COMMERCIA-qsIBIGHBORHOO PERMITTED USES AND STRUC"!'URES Permitted Principal Uses and Structures pri{rJl Bakery shepsj bealis and finaneial institutions; bafber- a mWy sheps; bath supply steFesi blu pi-int s epsj ; ... \...1.:1.7 eare .,te i Awe end et13 eF pleees of weFship; elething stemi eenfeetionery and ea-My stefes; ea 4) Delieatessen; dmg A— -1 s) Eleetties! supply stens. a\ Fish r florist sty,. s; feed .., i t r uiucua t fwfief shops and fast feed restaurenis. \ /7:13 she ..t. "� et z �tapps; 8) jlardwar-e steres; hefilth feed stems; hebby supply stefes; heraes fef the aged; . .. 10) Jewelfy stores. 11) baundr-ies self seFviee; leather- geeds and luggage stares; leeksfrAths an&4iquef ste 12) Meat mar-kei; fnedieal effiee eF elinie for- human enr-e; mi1jinepy slieps; mete!, hotel Eind ir-ansient ledgingi Etusie -Aems 13\ Offl (retail e pr-efessional); 1'flee supply a afe . s pet supply f steFesi psst offiee. 15) Radie and television sales and sef-viees; weeluding satellite- dishes and antemast , ine4eding fast feeds; small applianee ster-es; shee sales and ; shops; tQ !7) TaRef f e ' Moms; YeteFinary efflees and efinies (--- eutside --ca) - l9) W t 1, gt..., . 1 and . ° - _tic= tRr�.,. ..Y.. -21) An" other- tise whieh is eempaFable in natur-e with the foregaing list ef pennitted pFineipal uses, u ♦e 1) All uses that are permitted in the C -I thru C -3 zoning districts of the Collier County Land Development Code. 21 Accounting (8721). n Adjustment and collection services 7( 322). 4� Advertising agencies (7311). 5� Advertising - miscellaneous (7319). Amusement and recreation services, indoor. 7) Ancillary plants limited to administrative buildings. B) Animal specialty services, except veterinary (0752, excluding outside kenneling). 9) Apparel and accessory stores (5611 - 5699). 10) Architectural services (8712 11) Auditing (8721). 12) Auto Md home supply stores (5531). Words Under lined are added; wards sLmel£-tlreugh are deleted 1/10/2012 Item 8.A. 11 Automobile Parking, automobile parkinggara garages and parking structures as accessory to a retail or office use (7521 - shall not be construed to permit the activi_y of "tow -in parkin lots"). ots "). 14) Automotive services (7549 ) except that this shall no( be construed to pem-►it the activity of "wreeker_service (towing) automobiles, road and towing; service." 15) Automotive vehicle and equipment dealers (5511 and 5599, new vehicles only). 163 Banks. credit Unions and trusts (6011- 6099). 171 Barber shops (7241. except for barber schools). 18) Beauty shops (723 1, except for beauty schools). 19) Bookkeeping services (8721). 20) Bowling centers, indoor (7933). 211 Building cleaning and maintenance services 7( 349). 221 Business associations (8611). 231 Business consulting services (8748). 24) Business credit institutions (6153 --- 6159). 25,E Business services - miscellaneous (7381. 7389 - except auctionecring service automobile recovery, automobile repossession, batik work, bottle exchanges bmnzin &T cloth eutting. 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 labelin * liquidation services. metal slitting and shearing, packaging and labeling patrol of electric transmission or gas lines, pipeline or power line inspection, press clipping service 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 texture designers, textile folding, tobacco sheeting, and window trimming service) 26) Cable and other pay television services (4841) including communications towers up to specified height, subject to section - 5.05.09. Carpet and upholstery cleaning - (7217). 28 Carwashes (7542) provided that carwashes abutting residential zoning districts shall be subiect to section 5.05.11 of the LDC. 29) Child day care services (8351). 300) Churches. 311 Civic, social and fraternal associations (8641). 32) Coin - operated laundries and dry cleaning (7215 331 Coin operated amusement devices, indoor (7993). 34 Commercial art and gr_aghic design (7336). 35 Commercial photogmphy (7335). 36) Commercial printing (2752, excluding newspapers). 371 Computer programming data processing and other services (7371 – 7379) 38,1 Computer and computer software stores (5734). 29) Credit reporting services (7323). 401 Dance studios, schools and halls, indoor (7911). 411 Department stores (5311). 42) Direct mail advertising services (733 43 Disinfecting and pest control services (7342). 44) DEy cleaning plarats (7216, nonindustrial day cleaning only). 45J Drutstores (5912). 46) Letting and drinking establishments (58 t 2 and 5813) excluding bottle clubs. All establislunents engaged in the retail sale of alcoholic beverages for on- premise consumption are subject to the locational requirements of section 5.05.01 of the LDC. Words Underlined are added; words 4mek4hreugh are deleted Packet Page -388- Educational services (8221 and 8222). 48) Electrical and electronic repair shops (7622 - -- 7629). 491 Engineering services (8711). j Lguipment rental and leasing (7359 - except airplane, industrial truck, portable toilet and oil field equipment renting and leasing). 51) Essential services. subject to section 2.01.03 of the LDC. 52 Facilities support management services (8744). 53) Federal and federally - sponsored credit agencies (6111). 54) Food stores (groups 5411 - 5499). 55 Funeral services (7261, except crematories). 56) Garment pressing, and agents for laundries and drvcleaners (7212) Q 571 Gasoline service stations (5541). with services and repairs as described in section 5.05.05 06 of the LDC. E 581 General merchandise stores (5331 - 5399). 59 Glass stores (5231). N 60 Group care facilities (category I and 1I, except for homeless shelters), care units, except for o homeless shelters: nursing homes: assisted living facilities pursuant to F.S. 6 400.402 and eh. N 58A -5 F A C3 and continuing care retirement communities pursuant to F. S. & 651 -ap_d eh. 4 -193 O F.A.C.: all subject to section 5.05.04. 61 Hardware stores (525 1). Health services, miscellaneous (8092- 8099). 63 Health services, offices and clinics (8011- -.- 8049). 64) Home furniture and furnishings stores (5712•.... 5719). 65) Home health care services (8082). Hospitals (8062 - 8069). 67) Household appliance stores (5722). 6$1 Insurance carriers, agents and brokers (6311-6399-6411). 69 Labor unions (8631). 70 Landscape architects consulting and planning (0781). 71) Laundries and dry cleanings coin operated - self service (7215). 72 Laundries. family and commercial (7211). 73) Laundry and gannent services. miscellaneous (7219). 741 Legal services (8111). 751 Libraries (823D. 76) Loan brokers (6163). 77 Management services (8741.8742). 78) Medical and dental laboratories (8071 and 8072). 79) Medical equipment rental and leasing - (7352). 8)0 Membership organizations, miscellaneous (8699). 81) Membership sports and recreation clubs, indoor only (79971. 82) Mortgage bankers and loan correspondents (6162). Motion Ricture theaters (7832). 84) Motorcycle dealers (5571). 85) Museums and art galleries (8412). 86) Musical instrument stores (5736).. 87 News syndicates (,7383). 88 'Nursing and professional care facilities (8051-8059). 89 Outdoor advertising services 7312). 90 Paint stores (5231). Words Underlined are added; words sttuek- tkrimgk are deleted 1/10/2012 Item 8.A. Passenger car leasing (7515). 92) Passenger car rental (751_), 93 Personal credit institutions (6141). 94) Personal services. miscellaneous (7299). 951 Personnel supply services (7361 & 7363). 96) Photocopying and nd duplicating services (7334). 97) Photofinishing; laboratories (7384). 988) Photographic studios, portrait (7221), 99) Physical fitness facilities (7991). 100 Political organintions (8651). 1011 .Professional membership orgranizations (8621) 1221 Professional sports clubs and promoters (7941). 103) Public administration (groups 9111_ - -9199, 9229, 9311, 9411.--.9451 951 9532. 9611- -- 9661) 1041 Public or private parks and playgrounds. 105 Public relations services (8743). 106 ) Radio, television and consumer electronics stores (5731). 107) Radio, television and publisliers advertising! representatives (7313). 108) Radio and television broadcasting stations (4832 & 4833) 1091 Real Estate (6512, 6531 - 6552). 110) Record and prerecorded tape stores (5735) excluding adult oriented sales and rentals. 111 Religious organizations (8661). 112) Repair services - miscellaneous (7699 - extent agricultural equipment repair, awning repair, beer pump coil cleaning and repair. blacksmith shops catch basin septic tank and cesspool cleaning, industrial truck repair, machinery_ cleaning: repair of service station equipment boiler cleaning, tinsmithingc, tractor repair). 113 Research, development and testing services (8731 - 8734). 114 Retail - miscellaneous (5921 -5963, 5992 -- -5999). 1151 Retail nurseries, lawn and garden supply stores (5261) 116) Reupholstery and furniture repair (764). 117) Secretarial and court reporting services (7338). 1l 18) Security and commodity brokers, dealer, exchanges and services (6211 -6289) 1191 Security systems services (7382). 120) Shoe repair shops and shoeshine parlors (7251). 121) Social services, individual and family (8322 -8399, cxeept for homeless shelters and soup kitchens). . 122,1 Surveying services 8( 713), 123 Tax return preparation services (7291). 124) Telegraph and other message communications (4822) including communications Lo ers - up to specified height, subject to section 5.05.09 of the LDC. 125 Telephone communications (4812 and 4813 ) including communications towers up to specified hei rht t, subject to section 5.05.09 of the LAC. 1261 Theatrical producers and miscellaneous theatrical services, indoor (7922 -7929, including bands, orchestras and entertainers; except motion picture , 127) Travel agencies 4724, no other transportation services)_ 12 United State Postal Service (4311, except major distribution center). 1291 Veterinary services (0741 & 0742, excluding outside kenneling). 130J Videotape rental (7841). excluding adult oriented sales and rentals. 131) Vocational schools (8243 -- 8299). Words Underlined are added; words gtmek-t mto are deleted Packet Page -390- 132) Wallpaper stores (5231). 133 Watch, clock and ie� welry repair_(7631). 134 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 (BZA3 by the process outlined in the LDC or adopted by policy. Permitted Accessory Uses and Structures 1) Caretaker's residence not to exceed a total of two (2) within the District. 2) 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) by the process outlined in the LDC Q or adopted by policy. 06 E N V T- C) N O Words Underlined are added; words mmele4hwag4i are delelml 1/10/2012 Item 8.A. OFFICE COMMERCIAL PERMI7TED USES AND STRUCTURES Permitted Principal Uses and Structures 14 Accounting 872 2e Adjustment and collection services (7322). 3. Advertising agencies (7311), 4. Architectural services (8712). 5, Auditing (8721). b. Automobile parkin lots 7521 only. 7_ Bookkeeping services (8721). 8. Business consulting services (8748). 4. Business credit institutions (6153- 6159). 10. Child day care services (8351). 111. Computer programming, data processing and other services (7371 - 7376 7379) 12. Credit reporting services (7323). 13. Debt counseling- (7299, no other miscellaneous services) 14. Direct mail advertising services 7331). 15. Educational plants. 16. Engineering services (8711). 17. Essential services, subject to section 2.01.03. 18. health services, offices and clinics (8011- 8049). 19. Insurance carriers, agents and brokers (6311 - -- 6399641 20. Landscape architects, consulting and planning {0781). 21. Legal services (8111). 22. Loan brokers (61 63). 23. Management services (8741 & 8742). 24. Mortgage bankers and loan correspondent<5 (6162). 25. Personal credit institutions (61411. 26. Photographic studios. portrait (7221). 27. Physical fitness facilities (7991, permitted only when physically integrated and operated in conjunction with another pemtitted use in this district - -- no stand -alone facilities shall be pennitted). 28. Public relations services (8743). 29. Radio, television and publishers advertising representatives 73131. 30. Real Estate (6531 -65522 31. Secretarial and court reporting services (733R. 32. Security and commodity brokers, dealer, exchanges and services (621 la: :!28 , 33. Social services, individual and family (8322 activity centers. elderly or handicapped only day care centers, adult and handicapped only), 34: Surveying services 87131. 35. Tax return preparation services 7291.1 36. Travel agencies (4724. no other transportation services). 37. Any other commercial use or professional services which are conpat -Able in nature with the foregoing uses including these that exclusively, serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. Words UnderIincd are added; words ytmek -t i"h are deleted Packet Page -392- N N V- C N 0 " I GOLF COURSE PERMITTED USES AND STRUCTURES Permitted Principal Uses and Structures 1) Golf Course 2) Racquetball, handball, tennis and other similar types of court(s). 3) Recreation clubs, clubhousc(s), and facilities, including the serving of food and alcoholic beverages. 4) " Rcsort Lodging Units: A Maximum of 100 of the total permissible residential dwelling* units may be developed as resort lodging within the GC District units proximate to the golf course and /or clubhouse. Said units will be constructed consistent with the Multi-Family Development Standards listed in TABLE II C, except that minimum floor area will be 350 sq. ft. 5) Any other principal use which is comparable in nature with the foregoing list s, l of permitted principal uses, as determined by the Board of Zoning Appeals (BZA�_by the process outlined in the LDC or adopted by policy. Permitted Accessory Uses and Structures I) Pro -shop, practice driving range, golf learning centers, golf course shelters, and other customary accessory uses of Golf Courses, Tennis Clubs, or other recreational facilities. 2) Non - commercial plant nursery. 3) Maintenance shops and equipment storage. 4) Accessory uses and structures customarily associated with the uses permitted in this District. 5) Snack bars. 6) A maximum of two (2) of the total permissible residential units in conjunction with the operation and /or mana Y�,_ ei Rent of the golf course. and /or Resort Lodging Units. 7) Small commercial establishments, including gift shops, golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to serve patrons of the golf course(s) or tennis club(s) or other permitted recreational facilities. Words Underlined are added; wards s ruek ugh are deleted 1/10/2012 Item 8.A. COMMUNITY USE PERMITI'ED USES AND STRUCTURES A. No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Parks and playgrounds 2) Bicycle, hiking and nature trails 3) Recreational shelters and restrooms 4) Recreational fields, sports facilities and courts 5) Passive recreational facilities ti) Docks and small boat rentals 7) Community centers 8) Restaurant or snack bar in conjunction with recreational activities 9) Water management facilities and essential services 1 U) Collier County Fair Grounds 11) State of Florida Forestry Department facilities 12) Fire Station Site 13) Household waste and recycling facilities 14) Other governmental facilities 15) Park and ride facilities 16) Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (`BZA "). 17) Continuation of orange grove activity until development occurs on the property or on undeveloped portions of the property as provided for in Section III, Agricultural Development. 18) Raw water wells Words Underlined are added; words 5t-rteslt- thmiMh are deleted Packet Page -394- MIXED USE/UTILITY MU /U PERMI' TED USES No building or structure or part thereof, shall be erected altered or used, or land or water used, in whole or in part, for other than the following: 1� Conditional uses within the C -3 zoning district as defined in the Land Development Code 2) Pennitted uses within the C -4 zoning district as defined in the Land Development Code Words Underlined are added; words w*ek-EhFaugh are delcled A. Pennitted Principal Uses and Structures Offices for Orange Tree Utility Company and its successor, including all administration and operational related offices and associated functions. Q 2) Multi - family dwelling units, both in residcntial only structures and in mixed -use 06 structures E 3) Essential public service facilities, as defined in the LDC including water and wastewater facilities N 4j Grou12 care facilities (categgry I and Il, except for homeless shelters): care units, excgpt for homeless shelters: nursing homes, assisted living facilities pursuant to C) N FL 400.402 and eh. 58A -5 FAC; and continuing care retirement communities O pursuant to FL 651 and ch 4 -193 FAC: all subject to section ?� All uses permitted by right in the C -3 zoning; district as defined in the Land Development Code, both in commereial only buildings when approved as part of an integrated mixed residential and commercial use Site Development Plan, and in mixed -use buildings. B. Permitted Accessory Uses and Structures ]� Accessory uses and structures customarily associated with the principal permitted uses. C. Conditional Uses The following uses are permissible as conditional uses in the mixed use district (MU), subject to the standards and procedures established in Chapter 10.08.00 of the Land Development Code: 1� Conditional uses within the C -3 zoning district as defined in the Land Development Code 2) Pennitted uses within the C -4 zoning district as defined in the Land Development Code Words Underlined are added; words w*ek-EhFaugh are delcled witc vaimaw'smim Wnd I nz.LNVN 911 Runs 'sAiva HAunamm oos► ------ - ---- SUVIDOMBDUMNWO vand m-=E)Nvuo I as GW z Lu! ----- ---- ... 10/2012 lb II 3 it oil re -wg wain M1 %.,a YHR Cn U Z! r u I as GW z Lu! ----- ---- ... 10/2012 lb lolly II 3 it oil -wg M1 U u CL 0 - NNIL lolly II 3 it oil Packet Page -396- Fj ii fs -wg M1 CL 0 - Packet Page -396- Fj ii fs N_ C) N Q r Hv-ia 7vla3v 3r � ../ I „ � (• ; 1 01 [ fLLIrIS'IIA18tl IIALtr1�37Cd aoS4 ._ "" ""•• , y ' � . 1 � � i f ; � 3 SUI,MOOSSV HUM 'MMO - aNOZax Q�I�Ijry�{��{��yy// r; VgrlJ il'JadHONVHU ; 'i h Wj 1 •T �y �'�4r `�� F 8�m � �A`wi'+sl �14�'G .,,.td.� '�!� c` ii$+'� = '�'� �� •fi �k , � '`� ..- c r '. i �3.'�sK^ rai4° fia +FC.::.,z� .".;eR;" PR � ._e••' k t y� 4p A f , IMAK"Wr f K rat ob 4 t � 1 Y'`�' ri „},'�� yrin.�'a - r �.� � �;Z�.'V`Y _ 4r • �c t �`�! a ".4°/irA6; +Vr1 R fF. * .. •..i CWt � \!,k a p ��IN��� x• � +$C .,t Ffi3� 23� - s¢' .� e .. J ,a' a;-•. "s.0 :rwi 40 IS" vr jr : 3S'Xin'Y' 4, {s 4 4 F r ,fjr t1II�K4PMRbTYYNll4Mi4'/R�'/'✓•Y � O�oa a3 AoM " ME yr F •ff ,�.i�j� �� C 1-'� ,ly.^w c� i4� e L 76,�.��j � °$ y 5N Ikr. �' u 74 i T. f; )'%E' > 13• €': o �. a r �!..... .��.�':2'%,..,. .. .. , � r���� , 7 ; .. � ±x•r� :. :•:aw f y : ! a r 3.: -. � �t '} 4 B AI B A B B 1/10/2012 Item 8.A. Orangetree PUDA, PUDZ- 2003 -AR -3608 Neighborhood Information Meeting Notes On June 29, 2011 Orange Tree Associates hosted a Neighborhood Information Meeting (NIM) at 5:30 p.m. at the Collier County OF /IFAS Extension Office, Naples, Florida. In attendance: Steve Lowitq Orangetree Associates, Petitioner Robert L. Mulhere, FAICP, Mulhere & Associates, LLC Matthew D. McLean, P.E., Agnoli, Barber & Brundage, Inc. Jane Eichhorn, Agnoli, Barber & Brundage, Inc. Jeremy Sterk, Environmental Specialist, Davidson Engineering Norman J. Trebilcock AICP, P.E., Trebilcock Planning Engineering Kay Deselem, Collier County Principal Planner An overview of the project was given to the neighbors that attended the meeting by Mr. Bob Mulhere which included: Went over the public hearing process with expected dates for late summer /fall hearing dates no firm dates. Here to talk about amending the Orange Tree PUD. The PUD presently allows for a residential density of up to 2,100 single and /or multi - family residential dwelling units; recreational facilities, including golf courses; parks; schools; government facilities; agricultural uses; and an intensity of up to 60,000 square feet of commercial uses, including retail, hotel motel, personal service and office uses. The PUD amendment seeks to increase the maximum allowed residential density by 1,250 units to allow for a maximum of 3,350 single and /or multi - family dwelling units (for a gross project density of 1.6 dwelling units per acre. The PUD Amendment also seeks to increase the allowable commercial intensity from 60,000 square feet to a maximum of 332,000 square feet, subject to the following limitations: A maximum of 232,000 may be constructed on the two (2) Neighborhood Commercial "NC" designated parcels (totaling 23.9 acres); A maximum of 100,000 square feet may be constructed on the 9.4 acre Office Commercial "OC" designated tract, A maximum of 100,000 square feet commercial retail, personal service, and office uses may be constructed on the 22.3 acre Mixed Use " MU tract ", provided that the allowable square footage of Neighborhood Commercial "NC" is reduced by the amount of commercial square footage constructed in the Mixed Use "MU" tract, There is no intension in changing the golf course configuration or impacting the existing developed residential tracts, not going to re -plat them or add density. Explained where the Packet Page -398- f N 0 N 0 r r development would be (the undeveloped tracts of land). Explained where the preserve would be (referring to the Master Concept Plan). One other possible location for commercial in area is Oil Well Road in between the school sites where the current Utility site is and explained that when the County takes over the utility, they most likely are not going to operate the administration from this location but from one of their regional facilities and so the site would be left as we propose a mixed use would allow for some commercial between the two school sites. Additional changes to the PUD include a revised and updated PUD master plan, and updating PUD nomenclature to reflect current code citations and similar references. The County Planning commission recently changed the Neighborhood Information Meeting process in that they required us to provide a summary of changes to you. Copies are available for your review. Met with the Fire District explained height restrictions and limitations. Petitioner did agree to donate some Right -of -Way for road widening, along Oil Well, and reserve future land for ROW expansion along Randall including a proposed stormwater management lake site (3 - 4 acres don't know the exact sib at this time) to handle stormwater off Randal Boulevard widening. After the presentation and overview of the project the following questions /comments were asked from the residents: Is there anything additional being proposed for this project? What will the breakdown be? The market right now would probably be stronger for single family but we don't know what the market will bare. Are there any guidelines on the number of units allowed? Typically 50% of the units can be one way or another. The County generally tries to stay out of limiting the percentage breakdown affecting the market, the market changes all the time. The limitation is on the overall density. Is it 2 story or 3 story? Multi - family would be allowed to 3 stories, Single family would be limited to 35 ft. It states Multi - family is limited to 2 story? R3 designation- indicated on the map that in this section, 2 story limitation because it is approximate to single family and where it is not you might have townhome development up to 3 stories. Where is the 3 stories allowed? 1/10/2012 Item 8.A. It is in the R4 designation. What about neighborhood swimming pools, tennis courts, recreational facilities? Typically in today's market you have to have some amenities. There will a some but we do not know how many or how much. Is their anything in the plans? This is only at the inning stage right now. The next stage is where we would develop more specific market types. There is quite a bit of open space out there and there is going to be a County Park out there. Not sure if there is any type of funding yet, but at least the County owns the land. There is going to be a big lake, actually there is a big lake. To answer your question, if you are going to market your development you're going to have to have a club house and amenities like a swimming pool, tennis courts and some other amenities. Valencia Golf and Country Club - what has been previously approved? Is their stuff out their approved and in the planning works but not showing on the aerial? When Valencia Golf and Country Club opened 833 units were designated - approx 400 units are in the ground. In the overall PUD approx 1,433 single - family units have been built leaving 667 units left to build under the currently approved PUD. What kind of development /units will be built? Townhomes /condominiums /single family - depending on the market you may get more multi family than single family. Was the density of the 2100 original units covering the whole 2,300 acres? Yes So now what you are telling us is the density now was forced to the front of the project and that last area is what remains for the 2100 units. We started out with 2300 acres. It really depends on the market. If the market is strong for single family you will see fewer units. If the market is strong for townhomes, you will see more units. Of the 833 units in Valencia Golf and Country Club - how many were platted for R4 (approved and platted) It wasn't approved; let me explain what the petitioner said. He said they (the developer) allotted, nothing to do with the County, the developer allotted 833 units in this area where VGCC is. You can see how it developed, low density. Some location will allow itself for townhomes. Of the 833 you have an addition of 1250 units would be added to the 833? On top of the 833? Currently 2100 overall units are approved. 667 have not been built so the 1250 units would be added to the 667. The County looks at density for the overall project area. Packet Page -400- i a) N O N O Has the County set any land aside for commercial or shopping centers? We can only hope. We would like to do shopping center. The residents expressed more than one time, how much they would like to have a grocery store (any one) in the area. The petitioner explained that he has had multiple conversations with Publix but due to the down turn in the economy at this time it was not feasible for a large chain to move in. The petitioner also explained that the more people that move in the area, the more likely it is that a large food store would move in. The petitioner has already sold 2.5 acres to CVS at the corner of Randall and Immokalee Road. That was to start immediately but it has not started as of yet - due to the economy An explanation of Growth Management Plan Amendments process occurred to the residents. Discussion included property around the area. Would the PUD require a Comp Plan Amendment? No - not in this case. Does the original parties of the Orange Tree settlement need to amend the settlement for this to go through? No - not to my knowledge - We will follow -up with the project attorney and get an answer back to you. Burt Saunders to follow -up directly with neighbor who raised question. What is the density to date? Within the designate residential area approx 1/4 acre lots equate to around 3 units per acre. Net 1316.7 acre/ 3350 equates to approx 2.5 units /ac Current approved 2100 units /1316.7 acres equates to approx 1.6 units /ac Do you know the status of the property between the BP station and the tower on Randall Road? We do not represent that project. We are unsure if their comp plan amendment is completed. Will the project flood - concern with flooding? All sites are required to go through SFWMD permitting - this particular site has already been master stormwater approved for permit and as you develop individual pods you will continue develop individual lakes to manage the stormwater to avoid the flooding. Even when the County widens the road (Randall) they have to accommodate the treatment and flow that comes off the roadway. The county asked for a 3 to 4 acre lake site to help handle the future roadway widening. Traffic for Commercial? How does that look? Road network Randall Blvd - Existing 2 land roadway and that really gets impacted by the project improvements most significantly, so what we are doing is providing additional ROW so the County can widen Randall either to 4 or potentially 6 lane road. At each phase of the project we will address impacts, which are called site 1/10/2012 Item 8.A. impacts which typically means extending turn lanes and possible signaliMition or stop signs. What happens coming off the NC /OC? Right turns? The County has an access management ordinance that establishes the number of accesses, access points and what we have is some additional access points (to these parcels) which follow the guidelines that show up in our access management plan. Is their any projected date in the future when they are going to do something on Randall Road? It is not in the current 5 year work plan, but they are working on the 30 percent plan right now. Can this be approved without any commitment for the widening of the road? As long as you make the commitment and show that everything is adequate. Yes it can be. We are showing the additional step which is called mitigation and giving some additional ROW to make things easier. This can be built and approved and still have a 2 -lane road? The county will check the traffic counts at the time of site development and plat phase and if we cause the roadway to fail they can hold us up, but it not projected to fail. With or without this project, in the future Randall Blvd is projected to fail. With this project in place it makes it easier for the (County Randall Road expansion) project to go forward and have the road widened to 4 lanes. With the density of people coming into the area and without the County putting a park in the area, what are our kids going to do in the summertime? This is really becoming a central area. We have a few school sites with recreational facilities. Can be used for summer camps possibly? Squeaky wheel gets the grease. Push the issue (with the County and School Board). A park was promised for a long time (referring to County owned land within PUD). It would really be nice if the County would provide it. We can try to help and would like to see it. You mentioned this project was a settlement from years ago, Are they exempt from paying impact fees? Roads? I don't think it is (exempt). WiII it pay it appropriate share of impact fees which will go towards roads, parks etc? Yes R -3 Resort lodging units (explain)? Packet Page -402- Someone could buy those units along the golf course and rent those units. They are only allowed in very limited tracts. Where it would be appropriate is in a multi family use - on the golf course by the club house. What is the agreement on the Utility? County has the right at its timing to take over the Utility, the timing is in the Counties hands. They do not own the underlying land where the physical administrative facilities for Orange Tree Utilities are. The County most likely already has locations where they operate out of. What is the time frame - as early as 2012. Resident requested a copy of the Utility language within the proposed PUDA document Q and this was provided to him. 06 m The county has acquired a large portion of this CU land for a future water and sewer = plant which has been put on hold due to the economy. That was very aggressively N pursued and going forward. That agreement is recorded and part of the PUD - the County takeover would not occur before 2012 but anytime there after we are to N o convey the lines to the County - essentially at no cost. If anyone would like to review the PUD document we can email you a copy What is the timeline for this project? Mr. Mulhere gave the timeline of petition to go through the process. First the petition would go to the Planning Commission and then to the Collier County Board of Commissioners. CCPC Dates August /September BCC Dates October /November 2 CCPC meetings 1 BCC meeting Original PUD the same as it has been? A total of 2100 units are currently approved. We are proposing an additional 1250 for a total of - 3350 units. Valencia Golf and Country Club - how may units could be built? Depends on the market- 500, 600, 700 or 800 units. Is there a developer already lined up? Not at this time. DR Horton has fulfilled their commitment to us and has done a fine job. Upon no further questions meeting adjourned. 1/10/2012 Item 8.A. SIGN POSTING INSTRUCTIONS (Section 10.03.00, COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supercede any requirement of the LDC. For specific sign requirements, please refer to Section 10.03.00 of the LDC. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right -of -way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affimed to a tree or other foliage. 3. The petitioner or t11e petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered, If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the signs NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (I0) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED _.__ , �\. Rt Lean 3 . F— WHO ON OATH SAYS THAT HE /SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER •'' "�'� "��`��__ ____ `�yt�c� �ar�,«�, ►mac SIGNATURE OF APPLICANT OR AGENT STREET OR P.O. BOX NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this f 1`1 �tteJ b irrLpArt,(personally known to mer who produced Anti'_ FL 3qA0 B�._._____ CIT , STATE ZIP O4 ^ at __ day of 20#_L , by as identification and who did /did not take an oath. ,1-1 ANDREAANDERSQN •,� MGMi11SS011EE097999 EXPIRES: August 17, 2015 �,n,�,.r Bonded TWO Notary PuWit UndMAW My Commission Expires: (Stamp with serial number) — CL 1---- �,,i / - Signature of Notary Public ^^ t Printed Name of Notary Public Mac OSX:Users:eichhorn: Library :Caches:Temporaryltems:Outtook Temp:AFFIDAVIT AND SIGN POSTING INSTRUCTIONS 5- 2- 05.doe Packet Page -404- N N r O N O r r G)I �I t� 01 1/10/2012 Item 8.A. FS PC,NOi / 2 - Nm M A0 A At liW6 Boo 0 300 600 24X36 SCALE: 1" =600' d a a w F d H PQ w ZONING: E - ESTATES I it 11 II q N G L' ,RY: 1/10/2012 Item 8.A. SYMBOL UNITS t ACREAGE ! ZONING:. -- AG -- -- 198.3 n, N. GC (b) 198.0 ulNA■■■■u■u■■u■u ■uo° (R-2, R-3,& R-4) 3,350,(b) 1316 -7 SP — 62.1 C' I PF 147.0 v CU 155.2 IL NC (a) 23.9 OC +- ------ ---- --- °-- °-- °- °- °------- (a) 9.4 MU /U (a),(b) 28.2 I 3,350 2,138.8 i ! - -- - - - INCLUDES LAKES AND PRESERVE AREAS INTERNAL -_ -- , i li ND USE DESIGNATION. VCLUDES R.O.W., LAKES AND PRESERVE AREAS :NTIAL LAND USE DESIGNATION. ARE FOOTAGE WITHIN THE ORANGETREE PUD SHALL "'.ROSS - BUILDING FLOOR AREA. ALLOCATION OF EE EEN NC, OC & MU SHALL BE DETERMINED AT TIME OF - - $ SHALL NOT EXCEED 3,350 UNITS IN RESIDENTIAL, I! i 11RSE AREAS. II i ND: FUTURE LAKE CB ■6 i 4 ORANGETREE PUD BOUNDARY I, - LAND USE DESIGNATION BORDER _ ZONING:E - ESTATES ____ — — ' \1> EXISTING ACCESS POINT _> . ZONING E - ESTATES ZONING: RANDALL ZONING E - ESTATES BLVD CTR PLO 20'�WIDE LIMIT NOTES: RESERVATIONXL WELL ROAD EXPANSION LINE WORK PROVI[1.:n.av II REVISED PER 2/15/2011 COUNT! COMMENTS RANDALL BOULEVARD EXPANSION LINE WORK r2:\ REVISED AUGUST 25, 2011 BY COLLIER COUNTY TECM -L REVISED AUGUST 29,2011 PER COUNTY COMMENTS Packet Page -407- JppARRER k i�RUNDAGE,.c ul ealircen, Pbnrcn, ..1 � o O y M rn E13 W 0 w � �oz C) -n a �O a O z Sa DESIGN BY: ABM DRAWN BY: RAF CHECKED BY: MDM REVIEWED BY: ARE HORIL SCALE: N/A PERT. SCALE: N/A DATE: SEPTEMBER 2010 ACRD PILE NAME: 10457 PUDA mst ABB PROTECT 10-0044 PLM VIEW \ LAYOUT PUDA SHEET 1 OF 1 ACaa file If 10457 NC ' r FUTURE ACCESS POINT -_ -- , i li EXISTING R.O.W. FUTURE R.O.W. R_2 EXISTING LAKE I _ C _ FUTURE LAKE - -� - - PRESERVE AREA (68.6 AC) - AND CONFIGURATIONS OF DEPICTED IMPROVEMENTS ARE LLUSTRATIVE PURPOSES AND ARE SUBJECT TO CHANGE DURING FINAL -'< ERMANAGEMENT AREAS MAY BE RELOCATED AND SUCH CHANGES WILL ONSISTENT WITH THE APPROVED P.U.D- MASTER PLAN. I 1 -_PLAN FOR ADDITIONAL INTERSECTION INFORMATION. i j -HIN THE PUD MASTER PLAN ARE CONSIDERED CONCEPTUAL AND 1- 01.C.1&2. FINAL LOCATION & NUMBER HAVE NOT BEEN APPROVED BY ZONING: RANDALL ZONING E - ESTATES BLVD CTR PLO 20'�WIDE LIMIT NOTES: RESERVATIONXL WELL ROAD EXPANSION LINE WORK PROVI[1.:n.av II REVISED PER 2/15/2011 COUNT! COMMENTS RANDALL BOULEVARD EXPANSION LINE WORK r2:\ REVISED AUGUST 25, 2011 BY COLLIER COUNTY TECM -L REVISED AUGUST 29,2011 PER COUNTY COMMENTS Packet Page -407- JppARRER k i�RUNDAGE,.c ul ealircen, Pbnrcn, ..1 � o O y M rn E13 W 0 w � �oz C) -n a �O a O z Sa DESIGN BY: ABM DRAWN BY: RAF CHECKED BY: MDM REVIEWED BY: ARE HORIL SCALE: N/A PERT. SCALE: N/A DATE: SEPTEMBER 2010 ACRD PILE NAME: 10457 PUDA mst ABB PROTECT 10-0044 PLM VIEW \ LAYOUT PUDA SHEET 1 OF 1 ACaa file If 10457 1/10/2012 Item 8.A. 11/28/2011 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. Sincerely, Robert Christen 1774 Sarazen Place Naples, FL 34120 cc: Kay Deselem, Principal Planner Collier County Growth Management Division From: Sent: To: Cc: Subje StrainMark Tuesday, October 04, 2011 12:39 PM paul.unsworth @tgucpa.com DeselemKay; BellowsRay ct: FW: OrangeTree PUD Hearing 1/10/2012 Item 8.A. I appreciate your comments and will forward this onto the staff for subsequent forwarding onto the other CCPC members and others. Unfortunately it is not possible for me to read emails into the record however if you provide this to some member of the audience they could certainly read it into the record. By copying this to staff for distribution it becomes part of the record, even if it is not read in open session. I can also assure you that we will discuss the items you have brought forth in your email. thank you, Mark From: Paul J. Unsworth [paul.unsworth @tgucpa.com] Sent: Tuesday, October 04, 2011 10:59 AM To: StrainMark Subject: OrangeTree PUD Hearing Mr. Strain, I am unable to attend the hearing on Thursday, but would like to have this email read into the record. My name is Paul Unsworth, I am a resident of Valencia Lakes and the Chairman of the Advisory Committee to the developer controlled Board for Valencia Lakes Homeowners Association. While I cannot speak in any official capacity for the Board or the members of the HOA, I have had numerous discussions with various members of our community. The general feeling within our community is that we support the commercial and residential growth in our area as long as it is done responsibly. We have a need for neighborhood type commercial and support it if it is done with thoughtful consideration to how it affects the community. Packet Page -409- 1/10/2012 Item 8.A. I have had several meetings with the counsel for Orangetree Associates and are pleased with how responsive they have been with our community' s concerns. I look forward to working with them more closely as their project progresses. Most of our concerns have been addressed by the developer, however I do want to make sure that the Planning Commission is aware as well. With regards to the residential rezoning, we do not feel that the R4 section immediately to the north of the eastern side of our subdivision is keeping with the look and feel of our subdivision and Citrus Greens. The developer has agreed to change that parcel to R3 with a two story limit. In addition to this parcel, the small section of proposed R3 adjacent to the northeast portion of our subdivision would probably become part of our subdivision, and the change of that small tract of land to R3 would be out of place within our subdivision. The developer has agreed to change that portion to R2. The general feeling within the community is that we do not want the R3 (changed from R4) portion of the PUD to become part of our subdivision. The developer has agreed for it to have its own HOA. With regards to the commercial zoning, our biggest concern is that the proposed neighborhood centers will not actually become neighborhood centers, instead they will be occupied by big box retailers. We ask that the Planning Commission place appropriate restrictions on the development of the neighborhood centers, including but not limited to: appropriate setbacks and buffers from residential parcels; directional lighting as to prevent parking lot and building lighting from "spilling" into residential parcels; the placement of refuse containers immediately adjacent to any residential parcel; limiting building height; limiting commercial uses to not include outside bars/restaurants; noise pollution from outside PA systems; and possibly limiting the size of any one occupant to prevent all 100, 000sf being built out by one big box retailer (like a Wal-Mart, Target, or Home Depot) . The final concern is with the office commercial parcel. The develop has informed us they will limit the size of the building to two stories and Packet Page-410- 1/10/2012 Item 8.A. provide appropriate setback and buffers, we just want to make sure that they are included in the final plan. Thank you for listening to our concerns. Respectfully, Paul Paul Unsworth Accountant Thomas G. Unsworth, P.A. , C.P.A. 3960 Radio Road Suite 203 Naples, Florida 34104 Phone: (239) 649-8111 Fax: (239) 649-8214 CAUTION: This communication is intended for the sole use of the individual to whom it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this communication is not the intended recipient, or the employee or agent for delivering the communications to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication may be strictly prohibited. If you received this communication in error, please notify the sender immediately by telephone call, and delete the communication. Information contained in this communication is not intended or written to be used by any taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer by the Internal Revenue Service, and it cannot be used by any taxpayer for such purpose. 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. Packet Page-411- 1/10/2012 Item 8.A. From: phillips9759 @comcast.net Sent: Sunday, September 11, 2011 6:06 PM To: DeselemKay Cc: BellowsRay; AuclairClaudine; kcadc @yahoo.com; FlaggDiane; StrainMark Subject: Orangetree PUD- PUDZ 2003-AR-3608 Dear Kay, I was very disheartened today after learning about the ordinance that Collier County is proposing amending the Ordinance Numbers 2005-42 and 2004-73. My husband and I just purchased a home off of 47th Ave., and we chose this home because of the location, out in the country where it is quiet and safe. We are really upset to think you want to change all the residents environ- ment on 47th Ave. and all the adjoining streets by expanding the fairgrounds. We could have bought in Waterways but we wanted to have some acreage in a lovely area and you want to change all this by your new proposal. We were so excited about our new home and now this has put a damper on it. All we see is the increase of noise pollution plus the value of properties decreasing in value as a result. There is also a very good chance that all our wells will run dry as a result of the fairgrounds drilling for water. We know for sure that our streets will no longer be safe as they are right now. I am asking you Kay as Zoning Principal Planner, and all your colleagues to stop and reconsider before ruin so many of our lives as a result of this proposal. Thank you for your time and consideration in this matter. Sincerely, Veronica and Ken Phillips Packet Page-412- http://bccecm02/sire/cache/33/bgwd2z2ibglzfz55obfixdew/214143612142011013559562.htm[12/14/2011 1:38:05 PM] 1/10/2012 Item 8.A. 1938 Par Drive Naples, FL 34120 August 31, 2011 Ms. Kay Deselem, Principal Planner Land Development Services 2800 North Horseshoe Dr. Naples, FL. 34104 Dear Kay, Thank you for the letter considering the PUDZ-2003-AR-3608 Orangetree PUD. I am against amending the ordinance numbers 2005-42 and 2004-73 to add 1,250 residential units for a total of 3,350. This would make the area too crowded. I have a home in Valencia Golf& Country Club on Par Drive. There is already too much traffic trying to get out onto Immokalee from Randall. Even though there is a light, it is not unusual to wait two or three stop light changes before you can turn left in the morning. When the developer was first able to get the Orangetree area zoned, it was considered dense then. As I recall, at a meeting with the developer's lawyer lately, they only talked about commercial development and the area would not have any more residential units then required by the PUD. More commercial area would be fine to serve the area that is already built. We love the area because of the more spacious country living. I am concerned that if the developer gets this through, he will also try to do the same thing right next to Valencia Golf& Country Club. That will create even heavier traffic. I also am not for multi-dwelling apartments. This brings down the value in our neighborhood. Thank you for your consideration and time. I will not be able to attend the meeting of the planning commission. Please put this on the record. Yours truly, Eugene & Peggy Huerste) Packet Page-413- 1/10/2012 Item 8.A. November 21, 2011 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003-AR-3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. •nce ely, - ipn,. M. •janovac 2829 n et- -ove Lane West Naples, FL 34120 cc: Kay Deselem, Principal Planner Collier County Growth Management Division Packet Page-414- 1/10/2012 Item 8.A. November 21,2D1I Collier County Board nf County Commissioners 3301 E. Tarn|arni Trail Naples, FL]4112 RE: OrangetreePUDZ2OD3'AR'36O8 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that- we fully support the proposed Onyngetreeapp|icoUon including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this Please accept this letter as support to the Rezone Application. Sincerely, 2829 Inlet Cove Lane West Naples, l"L 3,1120 cc: Kay Dese|ern, PrJncipa| Planner Collier County Growth Management Division Packet Page -415- 1/10/2012 Item 8.A. 11/15/2011 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. Sincerely, _ :::f Shawn O'Malley 2257 Valencia Lakes Circle Naples, FL 34120 cc: Kay Deselem, Principal Planner Collier County Growth Management Division Packet Page -416- 1/10/2012 Item 8.A. 11/15 /2011 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application, Please accept this letter as support to the Rezone Application. Sincerely, r William Luzinski 717 Indian Creek Ct Naples, FL 34120 cc: Kay Deselem, Principal Planner Collier County Growth Management Division Packet Page -417- 1/10/2012 Item 8.A. September 7, 2011 Collier County Planning Commission RE: 2003 -AR -3608 / Orangetree PUD Commissioners, I am a resident of the Valencia Golf & Country Club community. I am writing to express my opposition to the proposed changes to PUDZ - 2003 -AR -3608 / Orangetree PUD. I purchased my current property based upon the development standards and density as agreed to in the current PUD. Requesting changes to the PUD after it was used to entice people to purchase homes is, at the very least, inappropriate, and at worst, dishonest. Additionally, I do not support allowing deletion or relaxation of the agreed upon environmental standards. Allowing changes to the plan, would allow Orangetree, and or the representatives, to take advantage of the repeal of development standards by the state. The loss of impact fees, due to the repeal of the development standards, would shift the cost of infrastructure improvements from the developer to the residents. Although I do not support the state's changes, I would understand their application to a new community. I do not support allowing Orangetree, or their representatives, to make changes to the plan so as to enable them to shift their traditional development costs to residents, who purchased property under the existing plan. Sincerely, 1537 Birdie Drive, Naples FL 34120 Packet Page -418- 1/10/2012 Item 8.A. Anthony Pezza 1536 Birdie Dr. Naples Florida 34120 September 7, 2011 Collier County Planning Commission, RE; Orangetree PUD - Ordinance Amendment Valencia Golf & Country Club Commissioners, Currently I reside in Valencia Golf & Country Club. When I purchased my home from D.R. Horton one of my primary concerns was how many available building lots were located on the next phase and what type of homes were to be built on them. I understand that Orangetree PUD / W Boltt is asking to expand the Master Plan from 400 single family units to 1200 Multi Family Dwellings. THIS CANNOT BE ALLOWED TO HAPPEN. When is enough ,enough ? Mr. Boltt currently is the owner of all the roads in this community, all the common areas, the lakes which provide our irrigation, the land under our clubhouse and pool, the water company and guard house. Orangetree Corp. has a virtual monopoly over thousands of individual lives. If any thing Orangetree should be BROKEN UP, not allowed to expand. Now the Board of Commissioners is considering an additional 800 units on land that has been approved for much less. How can you even consider voiding our communities Master Plan for nothing more than GREED. I Purchased in Valencia Golf & CC based upon the current Master Plan for this Community and I expect the Board Of Commissioners to uphold-s* Master Plan and not allow my homes value . .. . I St .. ' . = Packet Page -419- 1/10/2012 Item 8.A. 11/21/2011 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. Sincerely, Cathy Stroutsos 1053 Port Orange Way Naples, FL 34120 . - ZJ cc: Kay Deselem, Principal Planner Collier County Growth Management Division Packet Page -420- I 1/10/2012 Item 8.A. 11/21/2011 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered -by the Hoard of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. Sincerely, r` Kim Luzinski 717 Indian Creek Ct Naples, FL 34120 cc: Kay Deselem, Principal Planner Collier County Growth Management Division Packet Page -421- 1/10/2012 Item 8.A. 11/21/2011 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUD22003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. Sincerely, �..._ out` Paul Meunier 1053 Port Orange Way Naples, FL 34120 cc: Kay Deselem, Principal Planner Collier County Growth Management Division Packet Page -422- 1/10/2012 Item 8.A. 11/15/2011 Collier County Board of County Commissioners 3301 E. Tamiami Trait Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: in connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We took forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. Sincerely, Lawrence Falisi 2091 Par Drive Naples, FL 34120 cc: Kay Deselem, Principal Planner Collier County Growth Management Division Packet Page -423- 1/10/2012 Item 8.A. 11/28/2011 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. Wnely, OW� e- Mi Landreth 3503 Ocean Bluff Court cc: Kay Deselem, Principal Planner Collier County Growth Management Division Packet Page -424- 1/10/2012 Item 8.A. 11/28/2011 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. Sinc ely, L nd et 503 Ocean Bluff Court cc: Kay Deselem, Principal Planner Collier County Growth Management Division Packet Page -425- 1/10/2012 Item 8.A. Petition: We petition the Collier County Commission, Collier County Fair Grounds, Collier County Code Enforcement, Collier County Zoning and others regarding the Collier County Fair Ground Operations to: 1. Cease all amplified sounds, including music and voice via loud speakers and any other means. 2. Cease ignoring the residents' peace, harmony, and tranquility. 3. Cease sponsoring events, which have been categorized as "community events," that create noise disturbances to the adjacent and surrounding residents. These events Include, but are not limited to, extraordinary noise, including amplified music, amplified speakers, concerts, rental of the 4H animal shelter for weddings and other parties, helicopter rides and other helicopter activity over residents' homes, rodeo and bull riding, and demolition derbies. 4. Cease allowing huge trucks, or any size thereof, to deliver large amounts of alcohol (beer) and the sale of alcohol on the premises of the Collier County Fairgrounds, as this leads to intoxication, escalation of noise disturbances, and safety risks. The Collier County Fairgrounds is not zoned for commercial uses and should not be used as such. 5. Cease the use of the residential streets for entry and exit from the Collier County Fair Grounds, since access is available per right- and left-turns lane on immokalee Rd. and due to the consideration that the local residents on 8`" St. NE and le St. NE have very, very small children that are of risk, and with the consideration that the vehicles exiting the Fair Grounds frequently exceed the local speed limit. 6. Denial of a request to the Collier County Zoning and Development Division of Collier County (per Orangetree PUD) for the Collier County Fair Grounds to revise the current Ordinance for A. A maximum height of 115 feet for a tower, regardless of its purpose, as the property is "in the back yards of adjacent residents" and Collier County owns more advantageous lots for the purpose intended of a fire observation, which are generally located in areas that are wooded. Such lot which is better suited is located at immokalee Rd. and 470 Ave N. in addition, an ordinance change which allows a height revision to a maximum of 115' is a potential precursor to constructing a telecommunication tower without the need for further home owners' input. Fire water towers are not generally of such height. B. One onsite residential unit for security purposes, as this is not necessary without the escalation of "community events," increased traffic on involving adjacent residential homes, additional equipment which has been involved with the noise disturbances to the residents. C. Raw water wells, as the Collier County Fair Grounds was never intended to operate in such a condition so as to warrant drilling for water, and this will cause extreme risk to the adjacent community of residents upon their well systems, regardless of how deep the Collier County Fair Grounds intends to drill for water source. D. Denial of a request to eliminate all impact fees for new structures. Without shared responsibility, the cost will become a tax burden for homeowners. The purpose of this Petition is so that the primary goal of Collier County is to create a county and community where all people and residents are treated equal and are to enjoy the same rights and privileges among one another without undue treatment to any one group at the expense of that group for the benefit of one group and the detriment of another. Packet Page -426- 1/10/2012 Item 6.A. 7+ Z7 ri 40 -3- (-A N, NIJ c- tj 11J Zzz E ui f"ll q� -4— C—) E P- z Ile 4 Packet Page -427- 1/10/2012 Item 8.A. low d in N k4 ixs C d AW 10 LL Packet Page -428- Ills 3--m- wi*, -S Packet Page -429- I I 1 1/10/2012 Item 8.A. -4- I I 1 /10/ 4j. Z�l k4t y. 2 14- ry V) fit` t r Q� I 1 /10/ NO Packet Page -430 - 1 1 1 \:I 2012 Iten '` ,11 8.A. k4t y. 2 14- ry NO Packet Page -430 - 1 1 1 \:I 2012 Iten '` ,11 8.A. ry NO Packet Page -430 - 1 1 1 \:I 2012 Iten '` ,11 8.A. 1/10/2012 Item 8.A. ON son Ali' BE F r r sit v NJ --� a 4 m -i r ) j NJ colt xt E '� ... ~sS •tea r M t? t) �e C44, 17 o�_Packet Page -431- �`: <'' __`N i 3 I/ IWLV IL ILCIII 0./'1. V% t AIN yy IN ul �in rl 4 \ � GSM � t�'• 1, �� R y � 4 t T J �r AI� /21 �• Packet Page -432- C.-�e i 3 N■R Lit Cy 4 EM Packet Page -433- 1/10/2012 Item 8.A. CD 0 CL N■R Lit Cy 4 EM Packet Page -433- 1/10/2012 Item 8.A. LA V) 1#2 J1 -M 0;21 � r� IV E 10 z J E m Z tL I Vol i Gj IK 10 rs I F\ji I 1/10/2012 Item 8.A. Tjl -_ try tic J °j Q\ Sty a mftk "It 1#2 J1 -M Packet Page -434- Sty a mftk "It I 1 /1 U /2012 Item tS.A. v y i � L 333 9 ti i�. Q rte, w E tY w, i t i s yy t Packet Page -435- 1/10/2012 Item 8.A. November 29, 2011 Collier County Board of County Commissioners 3301 E. Tamiaml Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. J m r sina 2 a lakes circle )Na 120 cc: Kay Deselem, Principal Planner Collier County Growth Management Division e000iz000 @ Packet Page -436- 069csl<ess9 M %s:ta os:ozrCO /V v 1/10/2012 Item 8.A. November 29, 2011 Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: Orangetree PUDZ2003 -AR -3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and residential development. We look forward to the additional services that would be allowed by approving this application. Please accept this letter as support to the Rezone Application. Z cerely, Peg &'Messina_ 2225 Valencia lakes circle Naples FI 34120 cc: Kay Deselem, Principal Planner Collier County Growth Management Division £000 /r000in Packet Page -437 - 06S£85£8£Z 1U 85:1p O£OZ /£0 /ZT 1/10/2012 Item 8.A. Petition: We petition the Collier County Commission, Collier County Fair Grounds, Collier County Code Enforcement, Collier County Zoning and others regarding the Collier County Fair Ground Operations to: 1. Cease all amplified sounds, including music and voice via bud speakers and any other means. 2. Cease ignoring the residents' peace, harmony, and tranquility. 3. Cease sponsoring events, which have been categorized as "community events," that create noise disturbances to the adjacent and surrounding residents. These events include, but are not limited to, extraordinary noise, including amplified music, amplified speakers, concerts, rental of the 4H animal shelter for weddings and other parties, helicopter rides and other helicopter activity over residents' homes, rodeo and bull riding, and demolition derbies. 4. Cease allowing huge trucks, or any size thereof, to deliver large amounts of alcohol (beer) and the sale of alcohol on the premises of the Collier County Fairgrounds, as this leads to intoxication, escalation of noise disturbances, and safety risks. The Collier County Fairgrounds is not zoned for commercial uses and should not be used as such. 5. Cease the use of the residential streets for entry and exit from the Collier County Fair Grounds, since access is available per right- and left -turns lane on Immokalee Rd. and due to the consideration that the local residents on a St. NE and le St. NE have very, very small children that are of risk, and with the consideration that the vehicles exiting the Fair Grounds frequently exceed the local speed limit. 6. Denial of a reouest to the Collier County Zoning and Development Division of Collier County (per Orangetree PUD) for the Collier County Fair Grounds to revise the current Ordinance for: A. A maximum height of 115 feet for a tower, regardless of its purpose, as the property is "in the back yards of adjacent residents" and Collier County owns more advantageous lots for the purpose intended of a fire observation, which are generally located in areas that are wooded. Such lot which is better suited is located at Immokalee Rd. and 47th Ave N. In addition, an ordinance change which allows a height revision to a maximum of 115' is a potential precursor to constructing a telecommunication tower without the need for further home owners' input. Fire water towers are not generally of such height. B. One onsite residential unit for security purposes, as this is not necessary without the escalation of "community events," increased traffic on involving adjacent residential homes, additional equipment which has been involved with the noise disturbances to the residents. C. Raw water wells, as the Collier County Fair Grounds was never intended to operate in such a condition so as to warrant drilling for water, and this will cause extreme risk to the adjacent community of residents upon their well systems, regardless of how deep the Collier County Fair Grounds intends to drill for water source. D. Denial of a request to eliminate all impact fees for new structures. Without shared responsibility, the cost will become a tax burden for homeowners. The purpose of this Petition is so that the primary goal of Collier County is to create a county and community where all people and residents are treated equal and are to enjoy the same rights and privileges among one another without undue treatment to any one group at the expense of that group for the benefit of one group and the detriment of another. Packet Page -438- 1/10/2012 Item 8.A. EXHIBIT A: MASTER PLAN ` oz I 4 ,.- { f "i s j G Q 2t� k i .Tip i �� � ....................i H MIN pyj g y Is 2 ax age' S6 s ya m ^� gig f ! E z cs° a A aY_ , . , ORANGETREEPUDA �! p ( REZONE ORANGETREE ASSOCIATES �{ g �'+ } 'c Tk 4500 EXECUTIVE DRIVE. SUITE 110 r € MASTER PLAN NAPLES, FLORIDA 34114 I ► t s 1 Packet Page -439- 1/10/2012 Item 8.A. November 23, 2011 Collier County Board of County Commissioners 3301 E. Tamlaml Trall Naples, FL 34112 RE. Orangetree PUDZ2003-AR-3608 Rezone Application Support Letter Dear County Commissioners: In connection with the above referenced Rezone Applical.tion to be conside of County Commissioners, this letter shall confirm that at we 'fully suppc Orangetree application Including the additional co meroal and residential We look forward to the additional services that would be allowed b, application. -Please accept this letter as support to the Reic'ne Application. Sincerely, -Nanny Hanein 2786 Orange grove Trail Naples,FL 34120 cc: Kay Deselem, principal Planner Collier County Growth Management Division 7(1;'d by the Board the proposed �lopment. pproving this Packet Page -440- snxqi Nimn W OF:;o i'k */il'H/Rfl/03{ 1W N DECA8/2IN! EHIV U ?',5b' AY 'GERMMNUXUlS..- 12 -05 -2011 Collier County; 6oatd of County Commissioners 3301 E. Tamlami Trail Naples, FL 34 }12 RE: Orangetree PUDZ2003 -AR- 3608• Rezone Application support Lette 1/10/2012 Item 8.A. Dear County �omrerlssloners: In connection,withl the above referenced Rezone Application to be considered by the Board of County Commissioners, this letter shall confirm that we fully support the proposed Orangetree application including the additional commercial and, residential development. We look forward to the additional' services that would be allowed by approving this application. 1 Please accept'this letter as support to, the Rezone Application. i SI erely, I /9 �1a0 cc: Kay Deselef{ri, Principal Planner Collier;Courhty Growth Management Division i Packet Page -441- 1/10/2012 Item 8.A. ORDINANCE NO. 12- AN ORDINANCE AMENDING ORDINANCE NUMBERS 2005 -42 AND 2004 -73, THE ORANGETREE PUD, TO ADD 1,050 RESIDENTIAL UNITS FOR A TOTAL OF 3,150 RESIDENTIAL UNITS; TO ADD 100,000 SQUARE FEET OF OFFICE USE AND ADD 172,000 SQUARE FEET OF RETAIL USE TO THE EXISTING 60,000 SQUARE FEET OF RETAIL FOR A TOTAL OF 332,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT; TO REVISE THE DEVELOPMENT STANDARDS INCLUDING BUILDING HEIGHT AND SETBACKS AND TO ADD ALLOWABLE RESIDENTIAL, COMMERCIAL USES AND MIXED USES, AND TO DELETE ENVIRONMENTAL COMMITMENTS FOR PROPERTY LOCATED IN PARTS OF SECTIONS 11, 12, 13, 14, 22 THROUGH 27, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 2138.76 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Orangetree Associates, a Florida general partnership, represented by Burt Saunders, Esquire of the Gray Robinson law firm and Robert J. Mulhere of Mulhere & Associates, Inc., has petitioned the Board of County Commissioners to revise the Orangetree PUD. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO EXHIBIT "A ", THE PUD DOCUMENT OF ORDINANCES 2005 -42 AND 2004 -73 Exhibit "A ", the PUD Document of Ordinances 2005 -42 and 200473 is hereby amended and replaced with Exhibit "A" attached hereto. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2012. Orangetree PUDZ- PL2003 -AR- 3608x'`' 11/03/11 CCPC Approved 1 of 2 Packet Page -442- `FJ DING PAI NOT &V.11 ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk , Chairman Approved as to form and legal sufficiency: Nfr` t ►� ► \y Heidi Ashton -Cicko Assistant County Attorney Section Chief, Land Use /Transportation Attachments: Exhibit A — PUD Document CP \08- CPS -00868 \108 Orangetree PUDZ- PL2003 -AR -3608 11/03/11 CCPC Approved 2 of 2 Packet Page -443- 1/10/2012 Item 8.A. 7nN919 0 D DEVELOPMENT- ORANGETREE PUD DOCUMENT Prepared for ORANGSTREE And ORANGETREE ASSOCIATES Hirst- Amendment Prepared by: T4nez Planning Robert I Mulhere, FAICP NO Mulhere & Associates, LLC Engineers, Plasners Land Sur-yeyem 3209 Bailey and Laae at Air-peA Read; Suite PO Box 1367 Naples-Marco island, Florida 34146 85 Legal Burt Saunders •- RTM. Gray Robinson 5551 Ridgewood Drive, Suite 303 Naples, Florida 34108 Civil Engin"ring Engineering Matt McLean P.E. Agnoli Barber & Brundage 7400 Tamiami Trail North Naples FL 34108 Transportation Norman J. Trebilcock AICP, P.E. Trebilcock Consulting Solutions PA 6660 Mangrove Way Naples, FL 34109 Environmental Jeremy Sterk Davidson Engineering Inc. 3530 Kraft Road, Suite 301 Naples, FL 34105 NO .. rrm .. •- RTM. .. Original Z- &4)D- Approval: , Ordinance Number: 87 -13 Repealed Appreved by GGPQ -- Deeembff 20, 199 Amendments: Appr-eved by BGG,; - 3une 19,91 Ordinance Number: 91 -43 Repealed Approved by GGPG! Mafeh 4, 2004 Words str-usk thFeugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -444- 1/10/2012 Item 8.A. Ordinance Number: 2004 -30 Repealed Ordinance Number: 2004 -73 Aeor-eyed b-,, CG Q - ZAA-5 Ordinance Number: 2405 -42 W± Words stFaek thF800. are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -445- SECTION I SECTION II SECTION III SECTION IV SECTION V -A SECTION V -B SECTION VI SECTION VII SECTION VIII SECTION IX SECTION X SECTION X XI INDEX Index List of Exhibits and Tables Statement of Compliance Property Description and Ownership Project Development Agricultural Development AAG_Z Residential Development (R-2, R -3-R-4) Neighborhood Commercialq4eighberheed NC Office Commercial OC Golf Course GC Community Use CU School /Park SP Public Facilities PF Mixed Use /Utility MU /U General Development Commitments Words str*ek-4hfet%4 are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC i Packet Page -446- 1/10/2012 Item 8.A. PAGE i 3 ii 2-A iii 32 4-08 X10 4417 W27 2-229 2431 2-633 2-735 38 39 J o LIST OF EXHIBITS AND TABLES 1/10/2012 Item 8.A. PAGE TABLE I Land Use Summary 6 TABLE I1 Estimated Absorption Schedule 7 TABLE II -A R -2 Develol2ment Standards 14 TABLE II -B R -3 Development Standards 15 TABLE 11 -C Non - Residential Use Development Standards 16 TABLE III NC Development Standards 22 TABLE TV OC Development Standards 25 TABLE V MU /U Development Standards 37 EXHIBIT A Master Plan 50 EXHIBIT B Legal Descri tion 51 EXHIBIT C Landscape Buffer Location Map 53 EXHIBIT ED Landscape Buffer Exhibits• 1. Neighborhood Commercial — Randall Boulevard Landscape 54 Buffer to Residential 2. Office Commercial Landscape Buffer to Residential 55 3. Neighborhood Commercial — Oil Well Road Landscape to 56 Residential 4. Mixed Use/Utility Landscape Buffer to Residential 57 EXHIBIT E Future Gate/Recreation Area Locations 58 Words stfeek are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR-3608 11/08/11 CCPC Approved for BCC ii Packet Page -447- 1/10/2012 Item 8.A. STATEMENT OF COMPLIANCE The Development of app :S t 2.138.76 acres of property in Collier County, as a Planned Unit Development, known as Orangetree PUD, will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The Development is subject to, and will also be in compliance with, the Rigbts w— issued Binding Letter of Modification to a Development with Vested Ri t and Bindin Letter of Interpretation 9p retntion of Development of Regional Impact Status for North Golden Gate issued b the Florida De artment of Community Affairs on September 28, 2009. The residential, commercial, agricultural, community facility, public facility and recreational land uses of the Orangetree PUD will be consistent with the growth policies, Land Development Code regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. 2. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land.Use Element. 4. The project development will result in an efficient and economical extension of community facilities and services as required in Objective 3 of the Future Land Use Element. 5. The project's gross density of 1.5 dwelling units l2er acre commercial uses, and other non - residential uses, are consistent with the Rural Settlement Area designation in the Future Land Use Element and Golden Gate Area Master Plan of the Growth Management Plan, The Rural Settlement Area District allows the uses identified in the Orangetree PUD and does not establish maximum densities or intensities. SHORT TITLE. This Ordinance shall be known and cited as the " Orangetree Planned Unit Development Ordinance." Words st,mok t Feuo are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -448- 1/10/2012 Item 8.A. Words stmejE jhmugh are deleted; words underlined are added. Orangmee PUDZ- PL2003 -AR -3608 11/08111 CCPC Approved for BCC ]V Packet Page -449- 1/10/2012 Item 8.A. SECTION I PROPERTY DESCRIPTION AND OWNERSHIP 1.01 INTRODUCTION LOCATION, AND PURPOSE It is the intent of Amnon GeIaH, Trustee , Orangetree Associates, a Florida general partnership-, and Roberto Bollt as Successor Trustee under Land Trust Agreement dated January 27, 1986 (hereinafter called "Applicant or Developer ") to establish construct or have constructed a Development on approximately 2136.87 2,138.76 acres of property located in Collier County, Florida. The term Developer includes all successors and assigns of Developer. The subject property is described as " " the "Rural Settlement Area District" on the Collier County Future Land Use Map (F.L.U.M) tnhVs and is bounded on the west by Immokalee Road (CR 846), on the south by Randall Boulevard and is bounded on the north and east by drainage ways and both vacant and developed platted lands Orange Blossom Ranch MPUD also lies to the east. Oil Well Road (CR 858) runs through the site rp oject in an east -west direction. 1.02 LEGAL DESCRIPTION Legal Description: This parcel contains approximately 2136.87 2,138.76 acres and is described as follows: Parts of Sections 11 12 13 14, 22 23 24 25 26 and 27 Township 48 South. Range 27 East, Collier County, Florida, less and except those lands described in the full legal description defined in Exhibit "B" attached, een4aining 615.93ab aefes. 1 of 58 Words stfuek through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/1.1 CCPC Approved for BCC Packet Page -450- SECTION II PROJECT DEVELOPMENT 2.01 PURPOSE 1/10/2012 Item 8.A. The purpose of this Section is to generally describe the plan of the development and to delineate the general conditions that will apply to the project. 2.02 GENERAL PLAN OF DEVELOPMENT The subject feel property is designed as to accommodate a mixture of agriculture, residential arses, commercial and community oriented facilities, and recreational elements. 2.03 COMPLIANCE WITH APPLICABLE ORDINANCES The project is intended to be in compliance with the appliraabl e Collier County Zoning -and Subdivision reguleAiens as well y development eedes Land Development Code and ordinances in effect at the time of issuance of building permit or development order, unless those regulations are in conflict with specific approvals granted herein. 2.04 SUBDIVISION MASTER PLAN AND SITE DEVELOPMENT PLAN APPROVAL The review and approval of subdivision master plans and construction plans shall fella be in compliance with the design and development standards and review procedures regulating subdivisions ef the in Collier County Ordinances in effect at the time of development. The developer reserves the right to request exceptions and modifications to the standards set forth in applicable regulations. For site development plan approval, the provisions of the Collier Coun Land Development Code LDC shall apply As or-pffe&--af land, as provided in Subseetien 10.024h wtef at time of to the issuance of a building permit or other development order. 2.05 LAND USES Table I is a schedule of the intended land use types, with approximate acreages and total dwelling units indicated. The arrangement of these land use types is shown on the PUD Master Plan, Themas Ltieide & sse iat s Ref Ne OWN— which is attached hereto and made a part hereof. Changes and variations in design and acreages shall be permitted at final design to accommodate topography, vegetation, and other site conditions. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be submitted to the Administrator for approval or denial, as described in Section 2.04 of this document. 2of58 Words steel gh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/0 8/11 CCPC Approved for BCC Packet Page -451- 1/10/2012 Item 8.A. 2.06 PROJECT DENSITY The total acreage of the subject property is approximately 2136,87 2,138.8 acres. The maximum number of dwelling units to be built on the total acreage is 21-00 3,150. The number densi of dwelling units per gross acre is approximately @-." 1 .55. The density on individual parcels of land throughout the project may vary according to the type of housing p}aeed unit. on each parcel-e€ land btA Regardless of unit type or density, the development of each parcel shall comply with the guidelines established in this document. 2.07 PERMITTED VARIATIONS OF DWELLING UNITS All properties designated for residential uses may be developed at the maximum number of dwelling units as assigned undeF Seetien , of pr-evided thm the total atimber- of dwelling units "Fall not °exe 2,100 3,150 units, including any caretakers' residences allowed as permitted uses, in the respective Districts. 2.04 ef seeh ad the r-esithing r-eduetien in the eeffespeading residential land use types er- ethef eateger-ies so that the teW number ef dwelling units shall fiet eneeed . The h" "stages" for the development the but the is to be applieant not set of pr-epeA�, pr-epef:ty than based RA60 lHJ8-A'!Odg iIp more [711 ate on el-1"i .�t' fi- -ti lg L-. f , &Rr 4,-- 4 5 develepment 7 period. phase, the estintated abserptien ef units, estimated yeai; 2.098 RESERVATION OF NATURAL VEGETATION AND TREE REMOVAL Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Development Standards outlined in this document, and any other applicable Coun , requirement set forth in the LDC or other applicable code or ordinances. 2.4-09 EASEMENTS FOR UTILITIES Easements shall be provided for water management areas, utilities and other purposes as may be needed. Said easements and improvements shall be in substantial compliance with the Collier County Subdivision Regulations in effect at the time a permit is requested or required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time approvals are requested. 3 of 58 Words stfuek thr-eugh- are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -452- 1/10/2012 Item 8.A. 2.14-0 EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATIONS Exceptions to the Subdivision Regulations shall be requested at the time of Subdivision master Nan review and approval. 2.1 -21 LAKE SITING As depicted on the Master Plan., T' ° AsseeWes Ref No nn'n, lakes and natural retention areas have been sited adjacent to existing and planned roadways and development areas. The goals of this afe layout is to achieve an overall aesthetic character for the project, to permit eptiamni optimal use of the land, and to increase the efficiency of the water management network. dueed with the approval of the GeuRt-y Engineer-. I Fill material from lakes is planned to be utilized within the project, however, excess fill material may be utilized off -site, subject to the provisions of the emeavatiee applicable Count ordinances in effect at the time permits are sought. y Pr depending on Ile-e-ation, eapaeity, and design 4of58 Words straek through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -453- 1/10/2012 Item 8.A. 58.30i 4-D ^b d 99GpinnT4 CNUS ADDDIVTdATL AGREAGE y b f J nn4 T45-3.. 444D nnl L Residential 47 W "6 R-4 tr7P t71it 4 -5 �, ,, L4e apl�� GN -��- �tiieed r^MM^�'n� (Mwi. 60,000 plus 22 pVS��^��t 149.8 LAKE 410 TO M 2136.8* 1 RIM 5 of 58 Words AFHOk threugk are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11 /08/11 CCPC Approved for BCC Packet Page -454- 1/10/2012 Item 8.A. TABLE I LAND USE SUMMARY DESCRIPTION SYMBOL UNITS f ACREAGE Agriculture AG -- 198.3 Golf Course (1) GC (b) 198.0 Residential (2) (R -2, R -3, & R -4) 3,150,(b) 1316.7 Schools and Parks SP 6 62.1 Public Facility PF -- 147.0 Community Use CU 155.2 Neighborhood Commercial NC (a) 23.9 Office Commercial OC (a) 9.4 Mixed Use/Utility MU/U (a),(b) 28.2 Total: 3,150 2138.8 (1) Golf Course acreage includes lakes and preserve areas internal to the golf course land use desi ang tion. (2) Residential Acreage includes R.O.W,. lakes, and preserve areas internal to the residential Land_ Use designation. a) Total Commercial sauare footage within the Oraneetree MPUD shall not exceed 332,000 SF of gross building- floor area. Owner or Developer shall provide a schedule of approved development orders and applicable square footages and dwelling units for the entire PUD at time of submittal of each development order application in the Orangetree PUD. Retail /Personal Service is limited to a maximum of 232,000 square feet of gross floor area. Office use is limited to 100,000 sauare feet of gross floor area except that retail /personal services square footage may be converted to office on a one to one basis. (b) Total residential dwelling units shall not exceed 3,150 units in the entire PUD. YE DIALET T TATG UNIT T/lry TrA-L ^ TV YV 400 47-0 4 440 344 6 4-60 470 6 440 63-0 -7 440 7-9$ S 4" 9 44" 4•B 4-S 'M 6 of 58 Words struele through.. are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -455- 1/10/2012 Item 8.A. 44 4-6-S 12 445 , 43 4-" 4 59 44 46e 4 49 43 449 ESTIMATED MARKET ABSORPTION SCHEDULE TABLE 11 YEAR DWELLING DWELLING COMMERCIAL COMMERCIAL COMMERCIAL UNIT UNIT CURRENT SQUARE FT. CUMULATIVE PRODUCTION CUMULATIVE TOTAL SF TOTAL Current N/A 1477 3,000 N/A 3,000 1 53 1530 2 80 1610 3 100 1710 4 130 1840 5 130 1970 100,000 103,000 6 130 2100 7 150 2250 8 150 2700 9 150 2550 10 150 2700 100,000 203,000 11 130 2830 12 130 2960 13 130 3090 14 130 3220 15 130 3350 129,000 332,000 7of58 Words stf:uel' are deleted; words underlined are added. Orangetree PLDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -456- 0 447� SECTION III AGRICULTURAL DEVELOPMENT 3.01 PURPOSE 1/10/2012 Item 8.A. The purpose of this Section is to set forth the regulations for the areas designated AG on the PUD Master Plan Themas Luoide & Asseeia4es RefNe,, 9 ash. 3.02 GENERAL DESCRIPTION The AG District is intended to apply to those areas, the present or prospective agricultural use of which is agricultural, pastoral or rural in nature. This district is designed to accommodate both traditional agricultural uses and techniques, and conservation measures where appropriate, and public educational plants and ancillary plants, while protecting the rural areas of the County. The regulations in this district are intended to permit a reasonable use of the property, while at the same time prevent the creation of conditions which would seriously endanger, damage, or destroy the agricultural base of the County, or environmental resources, potable water supply, or the wildlife resources of the County. To this end, the use of drip - irrigation techniques or any other low volume irrigation, like microjet, shall be implemented for agricultural uses (golf course excepted) in this district. 3.03 PERMITTED USES AND STRUCTURE A. Permitted Principal Uses and Structures: 1) Agricultural activities, such as field crops, reservoirs /lakes, orchards, horticulture, fruit and nut production. 2) Educational plants: An "Educational Plant" comprises the educational facilities, site and site improvement necessary to accommodate students, facility administrators, staff, and the activities of the education program of each plant that is operated by the Collier County School Board. B. Permitted Conditional Uses: 1) Ancillary plants: An "Ancillary Plant" is comprised of the building, site and site improvements necessary to provide such facilities as vehicle maintenance, warehouses, maintenance, or administrative buildings necessary to provide support services to an educational program operated by Collier County School Board. 8of58 Words stfuek through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -457- 1/10/2012 Item 8.A. C. Permitted Accessory Uses and Structures: 1) Accessory uses and structures which are incidental to and customarily associated with uses permitted in the district. 2) On -site retail sales of farm products primarily grown on the farm. 3) Caretaker's residences. D. Permitted Uses /Conditional Uses Requiring Site Development Plan Approval: 1) Packing Houses 2) Public educational plants and ancillary plants E. Development Standards for Educational Plants and Ancillary Plants: 1) In accordance with the hiterlocal Agreement between the Board of County Commissioners and the Collier County School Board adopted May 16, 2003, set feAh in the r DG ° i4s s efdin •i°°. and implemented by amendments to the Land Development Code adopted on February 11. 2004. or by anv successor or amended agreement or ordinance 2) Building height shall be a maximum of forty-eight (48) feet for principal structures and thirty-six (36) feet for accessory structures. 3) All required buffers for the School Board's property area shall be in place by December 31, 2004, 9of58 Words st-Hek thFOUgh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11 /08 /11 CCPC Approved for BCC Packet Page -458- SECTION IV RESIDENTIAL DEVELOPMENT 4.01 PURPOSE 1/10/2012 Item 8.A. The purpose of this Section is to set forth general regulations for the areas designated on the PUD Master Plan as R -2, R -3. Them as r. ,.:a, p. A. :mes Ref-. Tn_9020 as Residential 4. 4.02 MAXIMUM DWELLING UNITS A maximum number of X00 3,150 dwelling units may be constructed on lands designated as Residential (R-4 R-2, 4e-R -3, and MU/U, less any caretaker's residents allowed in all districts, except as permitted by Section 2.07. 4.03 GENERA, DESCRIPTION Areas designed as Residential (R-4 R^2, te-R -3, and MU /U), on the Master Plan, Assee-iates Ref, o. 90 0 are designed to accommodate a full range of residential dwelling types, recreational facilities, essential services, customary accessory uses, and compatible land uses. the development standafds as set fet4h in this deetiffiefit. Four Three residential land use categories have been identified on the Master Plan. oft afte half aer-e lets. The R -2 designatioa ineludes areas will provide for both conventional detached and attached single family development. The R 3 development.— The R -3 areas permit similar land uses as R -2 but with smaller lot size requirements and limited multi-family development. 4.04 PERMITTED PRINCIPAL USES AND STRUCTURES R-1 R -2 la-9 • Detached and attached single family dwelling units hexes • Duplex and /or two - family and triplex dwelling units • Cluster homes, zero lot line, villas, patio homes, and townhouses • Model units • Recreational facilities, parks, lakes and water management facilities • Carports shall not be permitted in R -2 District 10 of 58 Words stmec atigh, are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -459- 1/10/2012 Item 8.A. R -3 • All uses permitted in the R -2 designation • Multi - family, limited to 2- stories 4.05 PERMITTED ACCESSORY USES AND STRUCTURES • Accessory uses and structures customarily associated with use permitted uses in this district • Essential services and facilities • Accessory Guest homes in -R 1 arm on single famil lots one acre or larger in size are subject to the limitations of Section 5.03.03 of the LDC or any successor urovision • Recreational Facilities such as clubhouses, pools and „plgyg[ounds to serve residents of the PUD • Givie and iltur l f iliti • Private ri..w5 4.06 -7 DEVELOPMENT STANDARDS The following Sections set forth the development standards for permitted uses within the subject parcel. a. Standards for landscaping, signs, parking and other land uses not specified herein are to be in accordance with C ;ellier Count!, Z,,. ing ReVi tiens the LDC in effect at the time permits are requested. Unless otherwise indicated, setback, height, and floor area standards apply to principal structures. b. Roadway setbacks shall be measured as follows: 1. If the parcel is served by a public right -of -way, setback is measured from the adjacent right -of -way line. 2. If the parcel is served by a private road, setback is measured from the road easement or parcel line. 3. If the multi - family parcel is served by a private drive, setback is measured from the back of curb or edge of pavement, whichever is greater. 11 of 58 Words s#Fuek d eugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -460- 1/10/2012 Item 8.A. DCDA�- DDS, PATIO & SINGLE FAMILY �rc'MiTTED USES &TAN S R-4 GLUSTFs 1-4€S ATTAGNED, T-QN4 $ LOW LOW AND GAR D AP n RT ENT9 b '7 PETAQWiD Minimwn Site Afea .ii AG 3000sr, 3000 S 34 - 6000 SF Site 446M Min-. A �i$ 60 Fmnt YaM Sethar, 39 29 20 25 2-5 Side YaM Setbaek 20 0 er-10 0 or-1 43 3:3 Rtar--� Setbaek 2-5 5 22$ 30 28 Rear - and Set bj 0 0 0 0 3 M"44"Rg Dis 2-5 25 23 25 23 pfift � NF A 144 .` .5 SR z WA Floor- Are 4200 750 999 ;-59 4999 SITE DEPT-14 AVERAG& SITE WIDTH: Detemined The aver-age disternee by dividing between the site area lines by the site ffeat side ef the site MAR,;,1r-Ad Fl.; straight s4raight lines between eenneeting the fefefaest and r-eaF paFeel-lines at earh 0 (at the of inter-seetien with the 4ew line) the points ef the side par-eel lines in the ffeat lines point (point of inter-seetion EEEL (Stint ef with the f:eaf Building Height): pafeel par-eel line). Combined and fvafmest height point ef the paFeel -At. t.h.. Ae r-R-Ar- deter-mining setback r-equiFefaents. of twe adjaeent D 12 of 58 Words stfusk t44Feugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -461- 1/10/2012 Item 8.A. liAC4LIT469 EUL-Tu PRIVATE USES NOT E _ Regulations 1Y effeVt'tl't !he -� iRAGl€S F'-AGILIT-M& tISiIOEDARDS IAA: «: d:te Afea site Aver-ate � Site Dept Minimum As deter-mined Average ❑...vt f Yard 40� n Setbae dWifig 4he Seetion requested. 2.04 ' 0 40 precess under 40 Side Yar-d 73V n sev3e& -34D �n ryn B �v a,`L Se4baek Rear- Yefd 30 or- 1314 ."j eF B 70 or J34 7V t ' -d Setback 4-0 Aecesse Maximum 4-0 -l-8 4-8 B*4d4ng ri Height (ft.) Dist. Betweeli 24 ri SB# Floor Are Minimum n -i 000 .5 i 000 -}000 r C� 13 of 58 Words stfee gh are deleted; words underlined are added. Orangetree PLTDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -462- 1/10/2012 Item 8.A. TABLE II A R -2 DEVELOPMENT STANDARDS PERMITTED USES STANDARDS CLUSTER HOMES DUPLEX, TRIPLEX AND ATTACHED SINGLE- FAMILY SINGLE - FAMILY DETACHED AND ZERO LOT LINE Minimum Site Area 3000 square feet 3000 sq uare feet 6000 square feet Lot Width Minimum N/A 35 feet 60 feet Front Yard Setback 20 feet' 20 feet' 25 feet Side Yard Setback 0 or 10 0 or 10 5.5 feet Rear Yard Setback 15 feet 15 feet 20 feet Rear Yard Setback Accesso 5 feet 5 feet 5 feet Preserve Setback 25 feet 25 feet 25 feet Preserve Setback (Accessory) 10 feet 10 feet 10 feet Maximum Building_ Height Zoned: Actual: 35 feet 42 feet 35 feet 42 feet 35 feet 42 feet Distance_ Between Principal N/A 0.5 SBH but no less 11 feet Structures than 10 feet Floor Area Minimum (S.F.) 1000 square feet 1000 square feet 1000 square feet Maximum Accessory Structure Height (zoned) 25 feet; 25 feet s 25 feee SBH Sum of Building Heights): Combined zoned height of two adjacent principal structures for purpose of determining setback between said structures *Principal and Accessory Uses shall not protrude into any required landscape buffer, 'For any building permit application after effective date of this Ordinance units must maintain a minimum clear driveway area of 23' measured from the face of the garage door to the closer of the sidewalk or edge of pavement. The minimum 20 foot front vard setback may be reduced to 15 feet where the residence is served by a side - loaded or rear entry garage, For corner lots front setbacks shall apply to the shortest side of the lot The setback along the long side of the lot may reduced to a minimum of 15 feet 2 Except the R -2A [East] section depicted on Master Plan shall adhere to minimum floor area of 1350 sf and the R -2A rWesfl section shall adhere to a minimum floor area of 1500 ft. ' Except screen enclosure on two-story may be 35 ft. zoned 14 of 58 Words stmek- thr -ougk are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -463- 1/10/2012 Item 8.A. TABLE II - B R -3 DEVELOPMENT STANDARDS PERMITTED USES STANDARDS CLUSTER HOMES AND ZERO LOT LINE DUPLEX. TRIPLEX, ATTACHED SINGLE- FAMILY AND MULTI- FAMILY SINGLE FAMILY DETACHED Minimum Site Area 3000 square feet 3000 square feet 4200 square feet Lot Width Minimum N/A 35 feet 40 feet Front Yard Setback 20 feet' 20 feet' 20 feet' Side Yard Setback 0 or 6 feet 0 or 6 feet 6 feet Rear Yard Setback 15 feet 15 feet 15 feet Rear Yard Setback (Accessory) 5 feet 5 feet 5 feet Preserve Setback 25 feet 25 feet 25 feet Preserve Setback (Accessory,) 10 feet 10 feet 10 feet Maximum Building Height 35 feet 42 feet 35 feet 42 feet 35 feet 42 feet Maximum 2 Stories Zoned: Actual: Distance Between Principal Structures 12 feet 12 feet 12 feet Floor Area Minimum (S.F.) 1000 square feet 1000 square feet 1000 square feet Maximum Accessory Structure Height (zoned) 3 25 feet 3 25 feet ; 25 feet 1 1 For eenea —c n any building permit application after effective date of this Ordinance units must maintain a minimum clear driveway area of 23' measured from the face of the garage door to the closer of the sidewalk or edge of pavement. The minimum 20 foot front yard setback may be reduced to 15 feet where the residence is served by a side - loaded or rear entry garage. For corner lots front setbacks shall apply to the shortest side of the lot. The setback along the long side of the lot may be reduced to a minimum of 15 feet Z Zero foot minimum side setback on one side as long as a minimum of 12 -foot separation between principal structures is maintained. Distance between principal structures may be reduced at garages to a minimum of 10 feet between garages where attached garages are provided. 2 Except screened enclosures on two -story may be 35 feet zoned height. * Principal and Accessory Uses shall not protrude or encroach into any landscape buffer. 15 of 58 Words stfUsl t4FOug4 are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -464- b*j 1/10/2012 Item 8.A. TABLE II C NON - RESIDENTIAL USE DEVELOPMENT STANDARDS (Within the R -2 thru R -3 Districts PERMITTED USES RECREATIONAL FACILITIES STANDARDS Minimum Site Area 10,000 square feet Site Width Minimum 80 feet Front Yard Setback 25 feet Side Yard Setback 15 feet Lake Bank Setback 25 feet Rear Yard Setback 0.S SBH Rear_ard Setback 10 feet Accessory Preserve Setback 25 feet Preserve Setback 10 feet Accessory Maximum Building Height Zoned: 35 feet Actual: 42 feet Dist. Between Principal Ste. 1S feet or 1/2 SBH whichever is areater Floor Area Minimum 1000 square feet Minimum Distance From Residential 20 feet Lot SBH: Sum of Building Heights): Combined zoned height of two adiacent princiRal structures for t e u ose of determining setback between such said structures Minimum lot width mgy be reduced by 20% for cul -de -sac lots provided the minimum lot area re uirement. is maintained. *Principal and Accessory Uses shall not Drotrude or encroach into any equired landscape buffer. 16 of 58 Words stmek dwough are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -465- SECTION V -A GN NEIGHBORHOOD COMMERCIAL 5.A.01 PURPOSE 1/10/2012 Item 8.A. The purpose of this Section is to set forth the regulations for the areas designated on T-,�efnffs the PUD Master„ Plan.-as 'E#' NC. The GN NC tracts is are intended to provide residents with conveniently located commercial facilities and services that are typisaily eg nerally required on a regular basis and which are permitted by right. 5.A.02 MAXIMUM DENSITY AND INTENSITY A maximum of two hundred and thirty -two thousand square feet (232,000 S.F.) of gross retail /personal service and office commercial building floor area shall be permitted in the NC District, reduced by any retail/personal service square footage_ allowed in the OC District and the MU District as shown in an Apl2roved SDPs. The Southern NC District at the intersection of Randall Boulevard and Immokalee Road shall not exceed ,85,000 square feet of gross floor area The northern NC District at the intersection of Oil Well Road and Immokalee shall not exceed 147,000 square feet of gross floor area. Each of the two NC districts shown on the attached Master Plan, Exhibit A, shall be allowed one user of between 45,000 square feet of gross floor area and 75,000 square feet of gross floor area. All of the other users in the NC district are allowed under 45,000 s uare feet of gross floor area. 5.A.023 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 17 of 58 Words stFuekthreug# are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -466- .. RM 17 of 58 Words stFuekthreug# are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -466- 1/10/2012 Item 8.A. 8) Har-dwar-e s4er-es; health feed hebby hemes fbF 11) Laundries sen,iee; stores; leAer- supply luggage stems; the aged; . leeksmiths Ngaer- Beres: self goods and ster-esi FMd hat °a and t- ans 13) Of iee{r-e4ail 14) -- Park - — Adepaint .t !edging; or- -professional); ee .t, . suppb stop. , and phetegr-aphie 15) Radio and televisien equipment and— ual}papef stores; pest stores; . pet shops y - stares, dishes rvs4atimnts, sales and sem,iees; exeluding satellite find antennas; mss. ; ; 1 6) Souvenir starve• coat' t 1 t.. d s � V.]I .]lGI4l DIIDIT3COI GJ� jOpGrlll'[i1 IC0 C.7 RiiCT9iSIIR[OI [R[II.I. • 19) ALeteh and preeisieri instfument sale; -air 20) Water- cam_ . 21) Any ether- use whieh is eempaFabie in nature with the Fer-egoing list ef-peFffiiaed p r -inei Y al uses, dete ed by the Beard of ZeningAppeals ("BZ A „\ All uses that are permitted uses in the C -1 thru C -3 zoning districts of the Collier Count Land Development Code at time of SDP application. Advertising — miscellaneous (7319). 3) Amusement and recreation services, indoor (7999 limited to gymnastics instruction, martial arts instruction sporting goods rental and yoga and/or pilates instruction). 4j Apparel and accessory stores (5611 — 5699). Q Auto and home supply stores f 5531). 0 Bowling centers, indoor (7933). 18 of 58 Words strusk thr-eugl} are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -467- 1/10/2012 Item 8.A. 7� Business services - miscellaneous (7381) except dog rental service Cable and other pgy television services 4841 . 9j Coin - operated laundries and dry cleaning (7215) 10) Commercial printing (2752, excluding news a ers . 11j Computer and computer software stores (5734). 12) Dance studios, schools and halls, indoor (7911) 13J Department stores (5311). 14) Eating and drinking establishments (5812). Outdoor music is prohibited Am lification devices serving drive -thru facilities are limited to the hours of 6 a.m. to 9 p.m. Outdoor dining shall only be located between the commercial eentF buildin s and Immokalee Road or Oil Well Road as the case may be. Educational services (8221 and 8222) 6 Electrical and electronic repair shops (7622-7629). 17 Food stores (groups 5411 - 5499). l8) General merchandise stores (5331 -5399). Glass stores (523 1). Hardware stores (5251). 21� Health services, miscellaneous (8092 X894 and 8099 limited to artists- medical blood banks blood donor stations childbirth preparation classes health screening service, hearing testing service, insurance physical exam service except by h sicians medical photography and art osteoporosis centers ox en tent service and physical exam service — except by h sicians 22) Home furniture and f imishings stores (5712 -5719) 23� Household appliance stores (5722). 24J Medical and dental laboratories (8071 and 8072) LQ Medical equipment rental and leasing g (7352). 26) Motion picture theaters 7832 . Musical instrument stores (5736). 19 of 58 Words strueli thfetigh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -468- 1/10/2012 Item 8.A. News syndicates (7383). Paint stores (5231). 3�0 Passenger car leasing (7515). Passenger car rental (7514), Radio, television and consumer electronics stores (573 1). 331 Real Estate (6512, 6531 -6552) Record and prerecorded tape stores (5735) excluding adult oriented sales and rentals. 551 Repair services - miscellaneous 7699 – limited to: antique repair and restoration (except furniture and automotive bicycle repair shops, binoculars and other optical goods repair, camera repair shol2s,-key duplicating shops, picture framing to individual order not connected to retail art and custom picture framing), Retail - miscellaneous (3945932 -5963, 5992 - 5999). Retail nurseries, lawn and garden supply stores (526 1). 38) Reupholstery and furniture repair 7641 39 Security systems services (7382). 40) Social services, individual and family (8322 8351 —8399, except for homeless shelters and soup kitchens). 411 Telephone communications (4812 and 4813) excluding communication towers Veterinary services (0741 & 0742, excluding outside kenneling) Vocational schools (8243 -8299) excluding truck driving schools 44� Watch clock and jewelry re air 7631 . 45) Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning. Appeals (BZA) by the process outlined in the LDC or adopted bypolicY. B. Permitted Accessory Uses and Structures this 24 1) Caretaker's residence not to exceed a total of two (2) within the District 20 of 58 Words strnek �hFftgh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -469- 1/10/2012 Item 8.A. 2� Carwashes (7542 ). accessor t� o convenience or service, provided that carwashes abutting residential zoning districts shall be subject to Section 5 05 11 of the LDC. ?� 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) by the process outlined in the LDC or adopted by policy. A4 .. ktifnu i Site A . , ed under- Seetien 2.04. 9) Minimam Site Width! As approved undeF Seetien 2.04, C-) Minimum Yaf:d Requirements from "r-eel boundaf ies! Abtming non resident4al afeag- Abu#ing residential afeas.- Thh2ty five (35) feet in whieh as apprepFiately designed and par-king shall be peFmiOed. E) May-imum Height of StmetHr-es, Twenty five (25) feet above the fiRished gade of-the f1 -HOWMS: One theusmd (1,900) square feet pe -F) Minimum Floor Ar-ea of Pr-ineipal Str 47) building on the ground floor, G) Minimum standards feF > > ndseapiiig -shall be in eefikTmmee 14) (60,000 of leasable (leer- art's shall }xe - r e• i ftea in he GN � jG a., ri + , exeiu,a.e of motel asc: 1) No etitside display or ster-age-shall be . J) Marimun-A density fer > hotel, . 21 of 58 Words strssk thFeugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -470- 1/10/2012 Item 8.A. TABLE III NC DEVELOPMENT STANDARDS PERMITTED USES STANDARDS Minimum Site Area Lot Width Minimum Minimum Yard Requirements' Front Yard Side Yard Rear Yard Adjacent to Residential lot Preserve Setback Preserve Setback for Accessory Structures Max Building Height Zoned: Actual: Distance Between Principal Structures Floor Area Minimum (S.F.) 3 NC 7,500 square feet 75 feet 20 feet, except that a minimum 25 foot building setback shall be maintained from Oil Well Road, Immokalee Road and Randall Boulevard 0 or 5 feet, with a minimum of 10 feet between structures 15 feet 45 feet for principal structures and 35 feet for accessory structures 25 feet 10 feet 35 feet, NTE Two Stories 42 feet None or a minimum of 10 feet with unobstructed passage from front to rear yard 500 square feet per building wn the ground floor 1. Measured from parcel boundaries 2 1ne4u4es Except that dumpsters recycling and refuse areas shall maintain a minimum setback of 50 feet 3 Kiosk maybe permitted within commercial developments meeting the LDC definition of a shonying center and such Kiosks may be smaller than 500 square feet in size (not to exceed 5 per shopping center) NTE: Not to Exceed 22 of 58 Words strue k thr-eugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -471- I1/10/2012 Item 8.A. SECTION V -B OFFICE COMMERCIAL 5.B.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated OC on the PUD Master Plan. The OC tract is intended to provide conveniently located general office facilities in a location convenient to the community and surrounding area. 53.02 PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected altered or used or land or water used in whole or in part, for other than the followin A. Permitted Principal Uses and Structures 1. Accountin (8� 721). 2. Adjustment and collection services (7322I 3. Advertising agencies (7311). 4. Architectural services (8712). 5. Auditing (8721). 6. Bookkeeping services (8721 7. Business consulting services (8748). 8. Business credit institutions (6153 -6159). 9. Child day care services (8351). 10. Computer proy—ramming, pro -ramming, data processing and other services 7371 — 7376 7379). IL . Credit reporting services (7323). 12. Debt counseling (7299, no other miscellaneous services) 13. Direct mail advertising services (733 ). 14. Educational plants. 15. Engineering services (8711). 16. Essential services, subject to section 2.01.03. 23 of 58 Words stfask thfeug# are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -472- 0 1/10/2012 Item 8.A. 17. Health services, offices and clinics (8011 -8049). 18. Insurance carriers, agents and brokers (6311- --6399 6411). 19. Landscape architects, consulting and planning (078 1). 20. Legal services (8111). 21. Loan brokers (6163). 22. Management services (8741 & 8742). 23. Mortgage bankers and loan correspondents (6162). 24. Personal credit institutions (6141). 25. Photographic studios, portrait (7221). 26. Public relations services 18743). 27. Radio, television and publishers advertising representatives (7313). 28. Real Estate (6531- 6552). 29. Secretarial and court reporting services(7338). 30. Security and commodity brokers, dealer, exchanges and services (6211 -- 6289). 31. Social services, individual and family (8322 activity centers, elderly or handicapped only; day care centers, adult and handicapped only). 32. Surveying services (8713) 33. Tax return preparation services (7291). 34. Travel agencies _ (4724, no other transportation serviced. 35. Any other commercial use or professional services which are comparable in nature with the foregoing uses including those that exclusively, serve administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office 24 of 58 Words stmek-t-h are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -473- 1/10/2012 Item 8.A. B PERMITTED ACCESSORY USES AND STRUCTURES 1. Physical fitness facilities (7991, permitted only when physically integrated and operated in conjunction with another permitted use in this district — no stand -alone facilities shall be permitted). 2. Any other accessory use which is comparable in nature with the foregoing ief ermitted accesso1y uses as determined by the Board of Zoning Appeals BZA by the process outlined in the LDC or adopted bypolicy. 5.B.03 DEVELOPMENT STANDARDS A. A maximum of one hundred - thousand square feet (100,000 S.F.) of Gross office commercial building floor area shall be permitted in the OC district. B. Up to 15,000 sf of gross floor area of NC District Commercial Permitted Uses and associated structures maybe constructed in the OC district if not used in the _NCDistrict as shown by droved site plans. TABLE IV OC DEVELOPMENT STANDARDS PERMITTED USES STANDARDS OC Minimum Site Area 10,000 square feet Lot Width Minimum 100 feet Minimum Yard Requirements Front Yard 20 feet, except that a minimum 25 foot building setback shall be maintained from Immokalee D-12 Side Yard 0 or 5 feet, with a minimum of 10 feet between structures Rear Yard 15 feet Adjacent Residential Lot 45 feet (principal z 35 feet accesso Preserve Setback 25 feet Preserve Setback for Accesso[y Structures 10 feet Max Building Height Zoned: Actual: 35 feet, Not to Exceed Two Stories 42 feet Distance Between Principal Structures None or a minimum of 10 feet with unobstructed passage from front to rear yard • 25 of 58 Words s#ruc-k thr-eugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -474- 1/10/2012 Item 8.A. Floor Area Minimum (S.F.) 500 square feet 1: Measured from parcel boundaries 2. Includes dumpsters, recycling and refuse_ areas, which shall maintain a minimum 50 -foot setback from residential. NTE: Not to Exceed 26 of 58 Words stpaek - thFeiaght are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11 /08 /11 CCPC Approved for BCC Packet Page -475- SECTION VI -`GG" GOLF COURSE 6.01 GOLF COURSE DISTRICT 1/10/2012 Item 8.A. The Golf Course District is intended to provides €er an 18 -hole golf course ate pre o. 6.02 PERMITTED LOCATIONS It is recognized that golf courses provide open space for an the entire eem ity PUD, a serves a variety of functions including important water management functions. The Golf Course District is depicted on the PUD Master Plan The -ef -° the r' is Geume DistFiet shail be density of residential develepment shall not be substantially effeeted. 6.03 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, constructed, reconstructed, or structurally altered which is designed, arranged, used or intended to be used or occupied, or land or water used, in whole or in part, upon that portion of the subject parcel designated as Golf Course District for other than one or more of the following uses: A. Permitted Principal Uses and Structures 1) Golf Course 2) Racquetball, handball, tennis and other similar types of court(s). 3) Recreation clubs, clubhouse(s), and facilities, including the serving of food and alcoholic beverages. 4) Any other rip •ncipal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) by the process outlined in the LDC or adopted b�y. poligy. B. Permitted Accessory Uses and Structures 1) Pro -shop, practice driving range, golf learning centers, golf course shelters, and other customary accessory uses of Golf Courses, Tennis Clubs, or other recreational facilities. 2) Non - commercial plant nursery. 3) Maintenance shops and equipment storage. 4) Accessory uses and structures customarily associated with the uses permitted in this District. 5) Snack bars. 27 of 58 Words struek thFewg4 are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -476- 1W 1/10/2012 Item 8.A. 6) A maximum of two (2) of the total permissible residential units in conjunction with the operation or management of the golf course. These are considered caretaker's residences. 7) Small commercial establishments, including gift shops, golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to serve patrons of the golf course(s) or tennis club(s) or other permitted recreational facilities. 6.04 DEVELOPMENT REGULATIONS FOR GOLF COURSE DISTRICT The purpose of this Section is to detail the development regulations for the Golf Course District. A. Maximum Height: - 23' 35' (zoned) and 42' (actual) for Clubhouse and accesso buildings. E B. For pe rbuilding_permit applications after the effective date of this Ordinance. 13buildings shall be set back a minimum of fifty (50) feet from Atming gny residential eeighbefheeds lot and the setback area shall be landscaped. Tennis courts shall be set back a minimum of five (5) feet from parcel boundaries. 1, C. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare. 28 of 58 Words struck through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -477- SECTION VII COMMUNITY USE 7.01 PURPOSE 1/10/2012 Item 8.A. The purpose of this Section is to set forth the regulations for the areas designated CU on the PUD Master Plan, Thomas T . , ide e. ^ .,seeiates ReA. Ne 90 The ske ineludes! « Communitv Use Parcel which is 155.2 acres is evmed by has been conveyed to Collier County, and may be used for the purposes set forth below and shall satisfy the Collier County Comprehensive Plan's park site dedication requirements for the project. Of 7.02 PERMITTED USES AND STRUCTURES A. No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: I) Parks and playgrounds 2) Bicycle, hiking and nature trails 3) Recreational shelters and restrooms 4) Recreational fields, sports facilities and courts 5) Passive recreational facilities 6Q Docks and small boat rentals 7) Community centers 8) Restaurant or snack bar in conjunction with recreational activities D Water management facilities and essential services 10) Collier County Fair Grounds 11 j State of Florida Forestry Department facilities 12) Fire Station Site Household waste and recycling facilities 14 Other governmental facilities 15) Park and ride facilities 29 of 58 Words stfuek threagh. are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -478- 0 1/10/2012 Item 8.A. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (`BZA "). Continuation of orange grove activity until development occurs on the property or on undeveloped portions of the property as provided for in Section M, Agricultural Development, 7.03 DEVELOPMENT STANDARDS A. Minimum site area: None B. Minimum setback from tract boundaries: 50', except that household waste and recycling facilities shall be set back 100' from abutting residential districts. C. Minimum setback from road right -of -way: 25' D. Maximum height of structures: 25' (except fire observation tower) E. Minimum distance between buildings: '/Y the sum of their heights F. Minimum standards for parking, lighting, signs, and landscaping shall conform with applicable Collier County regulations in effect at the time permits are sought. 30 of 58 Words s#fuek dweugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -479- SECTION VIII c &P=SCfIOOL /PARK 8.01 PURPOSE 1/10/2012 Item 8.A. The purpose of this Section is to set forth the regulations for the areas designated SP on the PUD Master Plan, Them°°' • eid A A..... eia4es Ref Ne oMn 'en' c,.t eel/par -k The SP sites includes 24 62.1 acres reserved for use as a school sites and associated park facilities. Of the total 62.1 acres of SP lands. 54.1 acres have This site - s'� ll been dedicated to the Collier County Public School District, with an additional 8.0 acres remaining for "park" use. 64 the The site shall be previded with petablewa*r- and saftitai-y sewer senziee in eenfer-manee wi4i . 8.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Elementary or middle school and facilities 2) Parks and playgrounds 3) Bicycle, hiking and nature trails 4) Recreational shelters and restrooms 5) Recreational fields, sports facilities and courts 6) Water management facilities and essential services 7� One onsite residential unit for security purposes. This unit shall not count against the number of permissible residential units. 8� Any other use which is comparable in nature with the foregoing list of permitted principal uses as determined by the Board of Zoning Appeals ( "BZA "). 8.03 DEVELOPMENT STANDARDS 1) Minimum Site Area: As approved under Section 2.04 2) Minimum Site Width: As approved under Section 2.04 31 of 58 Words strueli threugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -480- 1/10/2012 Item 8.A. 3) Minimum Yard Requirements: 30' from all 'SP' tract boundaries for principal structures 20' from lake banks 4) Maximum Height: 25' 5) Minimum Floor Area of Principal Structures: One thousand (1000) square feet per building on the first habitable floor. 6) Distance Between Principal Structures: '/2 the sum of the building heights or 30', whichever is greater. Minimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable Collier County regulations in effect at the time permits are sought. 7) Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. 8) Prior to development, a development plan for the tract shall be approved in accordance with Section 2.04. 32 of 58 Words strueli t4ir-augh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -481- SECTION IX PUBLIC FACILITES 9.01 PURPOSE 1/10/2012 Item 8.A. The purpose of this Section is to set forth the regulations for the areas designated on the PUD Master Plan as PF, Public Facilities. This site includes 44-7 147.0 acres, is owned by Collier County and may be used for the purposes set forth below and shall satisfy the Collier County Comprehensive Plan's requirements for public facilities. 9.02 PERMITTED USES AND STRUCTURES The following uses are permitted within the PDF district: 1) Water treatment plants 2) Wastewater reclamation plants 3) Administrative facilities common to treatment plant 4) Raw water wells 5) Injection wells 6) Stormwater management facilities 7) Accessory structures including but not limited to maintenance facilities, fueling facilities, communications towers, and other accessory facilities commonly associated with water treatment and water reclamation facilities. 8) Continuation of orange grove activity until development occurs on the property or on undeveloped portions of the property as provided for in Section III, Agricultural Development. 9.03 DEVELOPMENT STANDARDS 1) Minimum site area: None 2) Minimum setback from tract boundaries: 100' for water and water reclamation facilities 50' for common administrative facilities 15' for all other facilities 3) Minimum setback from road right -of -way: 25' W1 33 of 58 Words stmsk threugh are deleted; words underlined are added. > Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -482- 1/10/2012 Item 8.A. 4) Maximum height of structure: 60' 5) Minimum distance between buildings: 10' 6) Minimum standards for parking, lighting, signage, and landscaping shall conform with the applicable Collier County regulations in effect at the time permits are sought. 7) Minimum setback for communication towers: one half of the tower height adjacent to residentially zoned property. 8) The Public Facilities portion of the PUD shall be consistent with the Growth Management Plan regarding potential future interconnections. 34 of 58 Words stFHsl thr-augh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/1 l CCPC Approved for BCC Packet Page -483- SECTION X MIXED USE /UTILITY MU/U 10.01 PURPOSE 1/10/2012 Item 8.A. The pun2ose of this Section is to set forth the regulations for the areas designated MU/U on the PUD Master Plan, The MU/U tracts are intended to allow for a combination of multi- family residential commercial, and public use development. The subject parcel is, at the time of this PUD Amendment being utilized to house facilities for Orange Tree Utility Company and related services. It is anticipated that this site will continue to be utilized for that purpose for an indefinite period of time. The MU/U uses will only commence at such time as the Utility functions performed by a public or private utility provider have ceased and been relocated (except in the case that certain utility office type uses, permitted under the MU/U_ designation, may remain within or be relocated to the MU/U track and all utility and access easements are conveyed by Owner, Roberto Bolit, successor trustee of the land trust dated January 27, 1986 and Orange Tree Utility Co., or their successors and assigns,- to Collier County and the Collier County Water Sewer District at no cost to Collier County or the Collier County Water Sewer District for the on -site and off -site utility operations of Collier County or the Collier County Water Sewer_ District_, and recorded in the official records of Collier County. The easements shall provide for the construction, operation and maintenance of water and wastewater facilities (including but not limited to water, wastewater, and irrigation quality water lines and pipes, wells, pumps and pipelines, lift stations, pumping and booster stations, power and telemetry lines, telemetry towers, storage facilities, and any and all other equipment, improvements and infrastructure appurtenant thereto or thereunder) to be installed from time to time, with the right to reconstruct, improve, add to, enlarge, change the capacity, as well as size of, and remove such facilities within the described easement and to access the facilities. The above referenced easements to be granted to the Collier County Water -Sewer District shall be for the operation of the Orange Tree Utility water and wastewater systems to service the existing Orange Tree Utility Water and Wastewater Service Areas." 10.02 PERMITTED USES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures Offices for Orange Tree Utility Company and its successor, including all administration and operational related offices and associated functions. 2� Multi- family dwelling units, both in residential only structures and in mixed -use structures 3) Essential public service facilities, as defined in the LDC, including water and wastewater facilities 4) Group care facilities (category 1 and 11, except for homeless shelters), care units, except for homeless shelters; nursing homes, assisted living facilities pursuant to 35 of 58 Words stmek thf -ell} are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -484- 1/10/2012 Item 8.A. FL 400.402 and ch. 58A -5 FAC; and continuing care retirement communities pursuant to FL 651 and ch 4 -193 FAC. These facilities are considered commercial. 5) All uses permitted in NC District of this PUD and subject to all applicable conditions and restrictions set forth therein. B. Permitted Accessory Uses and Structures j) Accessory uses and structures customarily associated with the principal permitted uses. C. Conditional Uses The following uses max be allowed as conditional uses in the mixed use district (MU), subject to the standards and procedures established in Chapter 10.08.00 of the Land Development Code: lj Conditional uses within the C -3 zoning district as defined in the Land Development Code Permitted uses within the C -4 zoning district as defined in the Land Development Code 10.03 DEVELOPMENT STANDARDS A) The development standards for multi -family only structures, Group Care Facilities, and mixed -uses structures shall be as set forth in Table V. B� The development standards for commercial only structures shall be as set forth in Section V -A for the NC District of this PUD document, except as provided herein. Q Development Standards for Essential Services shall be as set forth in the LDC. D) Distance between principal structures: None, or a minimum of ten (10) feet with unobstructed passage from front to rear yard. Maximum Building Height for all Principal Structures: Zoned: 45 Feet, Not to Exceed Three Stories; Actual: 60 feet. Three story structures shall be set back a minimum of 560 feet from northern R -2 property line. Two story structures zoned 35 feet, actual 42 feet, may be constructed within the 560 foot setback using Table V Development Standards. And no commercial structures are allowed within 560 feet of the northern R -2 property line. F) Minimum and/or maximum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable LDC requirements in effect at the time permits are sought. 36 of 58 Words AFHOE thFetigh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -485- 1/10/2012 Item 8.A. G) This MU /U district shall have its own separate recreational facilities. H� Total commercial square footage within the entire Orangetree MPUD shall not exceed 332,000 square feet of gross building floor area. 1) Residential density is a maximum of 3.150 residential units in the entire P JD. TABLE41-49 V #-4 M/MUDEVELOPMENT STANDARDS FOR GROUP CARE FACILITIES J LIT IT TT- FA ART YnNT.YRTRTICTURERANT) wxv) ILSF,.4TRUCTr7RFS* PERMITTED USES STANDARDS CLUSTER HOMES DUPLEX., TRIPLEX. MULTI- FAMILY STRUCTURES ATTACHED SINGLE - FAMILY AND ZERO LOT LINE Minimum Site Area 3000 square feet 3000 square feet 9000 square feet Lot Width Minimum N/A 35 feet 90 feet Front Yard Setback 20 feet' 20 feet' 20 feet' Side Yard Setback 0 or 6 feetZ 0 or 6 feee 15 feet' Rear yard Setback 15 feet 15 feet 15 feet' Rear Yard Setback (Accessory) 5 feet 5 feet 5 feet Preserve Setback 25 feet 25 feet 25 feet Preserve Setback (Accessory) 10 feet 10 feet 10 feet Maximum Building Height Zoned: Actual: 35 feet 42 feet 35 feet 42 feet 45 feet NTE 3 Stories 60 feet Distance Between Principal 12 feet 12 feet 20 feet' Structures Distance Between Accessory 10 feet 10 feet 10 feet Structures Floor Area Minimum (S.F.) 1000 square feet 1000 square feet 750 square feet 'Residential units must maintain a minimum clear driveway area of 23' measured from the face of the garage door to the closer of the sidewalk or edge of pavement. The minimum 20 foot front yard setback may be reduced to 15 feet where the residence is served by a side - loaded or rear entry garage. For comer lots, front setbacks shall apply to the shortest side of the lot. The setback along the he long side of the lot may be reduced to a minimum of 15 feet. 37 of 58 Words struek thfough are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -486- E 1/10/2012 Item 8.A. z Zero foot minimum side setback on one side is permitted as long as a minimum of 12 -foot separation between principal structures is maintained. Distance between principal structures may be reduced at garages to a minimum of 10 feet between garages where attached garages are provided. 3or' /z sum of zoned building height, whichever is greater. NTE: Not to Exceed * Principal and Accessory Uses shall not protrude or encroach into any required landscape buffer. 38 of 58 Words stmt are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -487- SECTION X-XI GENERAL DEVELOPMENT COMMITMENTS 1149.01PUR:POSE 1/10/2012 Item 8.A. The purpose of this Section is to set forth the general development commitments for the project. 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_ Mana ing Entity is Orangetree Associates, Inc. and Roberto Bollt,as Successor Trustee under Land Trust Agreement dated January 27, 1986, jointly and serverally. _ Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a cow of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing_ Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD are is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 114- 0.02DEVELOPMENT COMMITMENTS A. ENERGY 1) Construction shall comply with applicable local and state energy codes. 2) Reasonable "good faith" efforts to utilize state -of -the -art energy conservation techniques shall be made where practically and economically feasible. Such techniques may include, but shall not be limited to the following: a. Provision of bicycle racks and/or storage facilities in office and commercial areas and in multi - family residential areas. b. Cooperation in the locating of bus stops, shelters and other passenger and system accommodations when a for the Collier County transit system is developed to serve the PR�eet area. Use of energy - efficient features in window design (e.g., shading and tinting). d. Use of operable windows and ceiling fans. e. Installation of energy - efficient appliances and equipment. 39 of 58 Words struek through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11 /08 /11 CCPC Approved for BCC Packet Page -488- 1/10/2012 Item 8.A. f. Reduced coverage by asphalt, concrete, rock and similar substances in streets, parking lots and other areas to reduce local air temperatures and reflected light and heat. g. Installation of energy - efficient lighting for streets, parking areas, recreation areas and other interior and exterior public areas. h. Selection of native plants, trees and other vegetation and landscape design features that reduce requirements for water, fertilizer, maintenance and other needs. Planting or retention of native shade trees to provide reasonable shade for all recreation areas, streets and parking areas. j. Placement of trees to provide needed shade in the warmer months while not overly reducing the benefits of sunlight in the cooler months. k. Planting or retention of native shade trees for each residential unit. Orientation of structures, as possible, to reduce solar heat gain by walls and to utilize natural cooling effects of the wind. M. Provision for structural shading (e.g., trellises, awnings and roof overhangs) wherever practical when natural shading cannot be used effectively. n. Inclusion of porch/patio areas in residential units. 3) Deed restrictions and other mechanisms shall not prohibit or prevent the use of alternative energy devices such as solar collectors (except when necessary to protect the public health, safety and welfare). B. AIR QUALITY 1) The developer shall comply with applicable codes and apply for required permits relative to air quality, where such permits are required. C. TRANSPORTATION MOM �_L) The develeper- shall pr-e-vide sepuate left and right tufa lanes an iminelEalee Read pereen4 of the pity of „f any t.af ie signals asseeiated with the iiigr-ess and egress when deemed warranted by the Geunty:Fmffie Opei!miens EngiHeer-. The signal shall be owned, eper-ated and maintained by Collier County. The Developer has made a fair share contribution toward the capital cost of a traffic signal at the intersection of CR 846 and CR 858 reauired by Transportation Staff. !f1Z6TMi Words stnask-thfeug# are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -489- 1/10/2012 Item 8.A. The Developer shall fund the fair share cost of a traffic signal at the easternmost development access point on Randall Boulevard in the future as identified on the Master Concept Plan. Developer and Owner shall also perform under the agreement dated January 11, 2011 between Collier County Roberto Bollt and E's Country Store, LLC as may be amended from time to time. The Developer will provide a comprehensive network of sidewalks and green ways within future R -3 areas of development. The main purpose of the green ways and sidewalks will be to connect the various parts of this PUD. This network will provide non - vehicular access to the commercial and community use portions from residential areas within the PUD to the greatest extent possible Y. Y The Developer will reserve and then convey to Collier County a 5.6 acre lake site for water management associated with the future expansion of Randall Boulevard as graphically depicted on the Master Plan. The reserved area shall be donated at no cost to Collier County within 180 days of County request No impact fee credits are available for the donation. This is a site related contribution. 4) The Developer will reserve and then convey to County a 20 ft. wide road easement for the future expansion of Randall Boulevard as depicted on the Master Plan. The reserved road easement shall be donated at no cost to Collier County within 180 days of County request. No impact fee credits are available for the donation. This is a site related contribution. 5) At the time of issuance of a certificate of occupancy for commercial development that exceeds 40,000 square feet of gross floor area for the entire PUD the Developer shall construct, at no cost to Collier County, a 10' X 20' CAT bus shelter (and accompanying_ shelter /access easement) near the Randall Boulevard intersection with lmmokalee Road. Owner shall be responsible for maintenance of the bus shelter unless Owner conveys an easement to Collier County for the bus shelter at no cost to County. All proposed access oints /driveways and turning movements on the attached master plan are conceptual only and do not create any vested rights in favor of Owner or Developer. Driveways and access points shall be determined at plat or SDP approval. Prior to the issuance of building permits in the R -3 district or the commencement of the use of heavy equipment in the R -3 district whichever is earlier one additional future access DOint to either Oil Well Road or Randall Boulevard shall be constructed by Developer so that it ma be for construction traffic 8� Developer, at its sole cost and expense, shall install additional security gates as designated in Exhibit E. One of the gates — at the Randall Boulevard entrance or Oil Well Road entrance — shall be installed.and operational prior to the issuance 41 of 58 Words s4makthrough are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -490- 1/10/2012 Item 8.A. of the first Certificate of Occupancy in the R -3 district of this PUD The other entrance gate shall be installed and operational when the internal roadway which connects to the Rublic roadway is ranted final acceptance by the County. The remaining_ gates, which are internal to the development, shall be installed and operational as follows: L12 Gate south of R -2A fEasfl grior to issuance of first Certificate of Occupancy for the R -2A Section [Eastl Gate north of R -2A shall be installed immediately after the new roadway which will serve the new residential development is constructed to county standards. D. WATER MANAGEMENT 1) A master /conceptual water management system design shall be submitted to and approved by the Water Management Advisory Board prior to the submittal of construction plans to the County Engineer. 2) Detailed water management construction plans shall be submitted for approval to the County Engineering PepwtmeM prior to commencement of construction. 3) Surface Water Management Permits, or modifications thereof, shall be obtained from the South Florida Water Management District prior to the commencement of development. An 6) 4) Reservoirs/lakes wholly located in agriculturally designated land may vary from typical construction specifications of County Ordinance No. 88 -26 as approved by the Board of County Commissioners through the excavation permit process. If the use of the land surrounding the agricultural reservoirs /lakes is ever changed to a use other than agriculture, all areas of the reservoirs /lakes will be required to meet standards specified in the County Excavation Ordinance in effect at that time. E. WATER & SEWER 1) Nothing in this PUD shall in an manner be construed to affect modif and/or nullify the Final Summ ary Jud ent entered by the Circuit Court of Collier County on August 28 2009 in Orangetree Utility Co v Collier County, Case No. 07- 2333 -CA recorded in O.R. Book 4490. Pa es 2893 -2894 Public Records of Collier Coun or the appellate decision and mandate affirming the Final SummM Judgment issued by the Florida District Court of ARReal in Case No. 2D09 -4407. Nor shall anything in this PUD affect modify, or extinguish any Words stf-tiek through are deleted; words underlined are added. 42 of 58 Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -491- 1/10/2012 Item 8.A. legal or equitable rights or responsibilities of the County, of Oran eg tree Associates and/or the Orange Tree Utilities Company ( Orangetree Associates and the Orange Tree Utilities Company are collectively referred to as the "Developer "), existing or arising under the Settlement and Zoning Agreement, dated January 27, 1986 (recorded in O.R. Book 1180, Pages 1557 through 1599, public records of Collier County) and/or the related agreement, dated May 29, 1991 (recorded in O.R. Book 1623, pages 1539 - 1549), and/or the Amendment to Agreement_ dated May 14, 1996 (recorded at O.R. Book 2183, pages 1519 — 1520, and/or the Second Amendment to Agreement dated August 4, 1998 (recorded at O. R. Book 2449, pages 430 -440). Throughout this document, no distinction is intended (nor shall be construed) between the "Orange Tree Utility Company" and the "Orange Tree Utility Company, Inc." The parties hereto agree that all lands in this PUD are within the geographic boundaries of the verified water service area and the certified wastewater service area of the Orange Tree Utility, Inc. The Ownership and conveyance of the utility facilities shall continue to be governed by the agreements (including any approved modification to the agreements) and court decisions referenced above, and the following provisions of Section E.2 -9 shall apply to the site. The Florida Public Service Commission ( "FPSC ") does not now regulate Orange Tree Utility, Inc., pursuant to Chapter 367, Florida Statutes. Such jurisdiction is exercised by the Collier County Water and Wastewater Authority ACCWWA "). Therefore, all references in those agreements to the FPSC shall be construed to refer to the CCWWA unless and until Chapter 367. „ Florida Statutes, jurisdiction is, by Resolution of the BCC; ceded back to the FPSC pursuant to Section 367.171 Florida Statutes, 4-2) Water Facilities — Developer shall provide an on -site potable water source and shall construct an on -site potable water treatment plant and distribution system. The system shall be designed and constructed, by phases if desired, to serve all developed portions (agricultural areas excluded) of the project; including flows adequate to provide fire protection. All components shall be designed and constructed in accordance with applicable Collier County and State of Florida requirements. 2 3) Sewer Facilities — Developer shall construct an on -site sewage treatment plant and sewage collection and transmission system to serve all developed portions. Treatment plant shall provide treatment levels, pursuant to Chapter 17 040( ) subsection 62- 600.530 and other then applicable provisions of the Florida Administrative Code, required to allow use of treated effluent in the proposed on- site irrigation system. All components shall be designed and constructed in accordance with applicable Collier County and State of Florida requirements. During the time that the Developer or Orange Tree Utility Company operates the sewage treatment plant, data required pursuant to County Ordinance 112 No. 2004 -31, as amended, as_ may hereafter be amended) or as may be superseded by other Collier County Ordinances) showing the availability of sewage service will be submitted for approval by the Utilities Division prior to approval of the construction documents for the project and for all building permits required. Copies of the approved DER permits for the sewage collection 43 of 58 Words struek-threngh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -492- 1/10/2012 Item 8.A. and transmission systems and the on -site wastewater treatment facility shall be submitted upon receipt to the Utilities Division. 3 4) Plans Approval — All construction plans and technical specifications and proposed plans, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. Detailed hydraulic design reports covering the complete water and sewer systems to serve the project will be submitted with the construction documents for the project. These reports shall list all design assumptions, demand rates and other factors pertinent to the systems under consideration. Upon completion of construction the water and sewer facilities will be tested to insure they meet Collier County's minimum requirements, a comprehensive inspection of the facilities made by the Utilities Division and record as -built drawings of the facilities filed with the Utilities Division. Any utility entity established to serve or serving the project shall also be bound by these General Development Obligations concerning the provision of water and sewer related utilities to the project, 4-5) Facilities Ownership and Conveyance — It is understood by the .Developer that Collier County may, at some future time, desire to serve the project water and sewer services. To that end, Developer freely and voluntarily agrees to convey at no cost all water and sewer treatment plants and distribution /collection and transmission system components to Collier County. Notwithstanding anything herein to the contrary, the County in turn agreed not to make formal request to serve the project with water or sewer related services before December _31, 2012 +'' - T° :u ' ' , 'nnl In that regard, Developer and any interim a utility established to serve the Project shall enter into a specific agreement with and acceptable to County which outlines the procedures, covenants, obligations and responsibilities arising from these General Development Obligations concerning the provision of water and sewer related utilities to the project. Once the water /sewer systems have been conveyed to Collier County, any required expansions to the on -site water treatment plant or sewage treatment plant shall be the responsibility of Collier County and shall be accomplished as required to meet project demand, at the expense of Collier County. All required expansions of the water distribution/sewage collection systems shall be the responsibility of the Developer, or his successors or assigns and shall be designed and constructed to Collier County and State of Florida requirements. On completion of construction, the facilities will be tested to insure they meet Collier County's minimum requirements, at which time they will be conveyed or transferred to the County, when required by the Utilities Division, pursuant to 44 of 58 Words st-uek thr-eugli are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -493- r iww Upon completion of construction the water and sewer facilities will be tested to insure they meet Collier County's minimum requirements, a comprehensive inspection of the facilities made by the Utilities Division and record as -built drawings of the facilities filed with the Utilities Division. Any utility entity established to serve or serving the project shall also be bound by these General Development Obligations concerning the provision of water and sewer related utilities to the project, 4-5) Facilities Ownership and Conveyance — It is understood by the .Developer that Collier County may, at some future time, desire to serve the project water and sewer services. To that end, Developer freely and voluntarily agrees to convey at no cost all water and sewer treatment plants and distribution /collection and transmission system components to Collier County. Notwithstanding anything herein to the contrary, the County in turn agreed not to make formal request to serve the project with water or sewer related services before December _31, 2012 +'' - T° :u ' ' , 'nnl In that regard, Developer and any interim a utility established to serve the Project shall enter into a specific agreement with and acceptable to County which outlines the procedures, covenants, obligations and responsibilities arising from these General Development Obligations concerning the provision of water and sewer related utilities to the project. Once the water /sewer systems have been conveyed to Collier County, any required expansions to the on -site water treatment plant or sewage treatment plant shall be the responsibility of Collier County and shall be accomplished as required to meet project demand, at the expense of Collier County. All required expansions of the water distribution/sewage collection systems shall be the responsibility of the Developer, or his successors or assigns and shall be designed and constructed to Collier County and State of Florida requirements. On completion of construction, the facilities will be tested to insure they meet Collier County's minimum requirements, at which time they will be conveyed or transferred to the County, when required by the Utilities Division, pursuant to 44 of 58 Words st-uek thr-eugli are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -493- 1/10/2012 Item 8.A. appropriate County ordinances and Regulations in effect at the time of conveyance or transfer is requested, prior to being placed into service. 50 Rights -of -way /Easements — All components of the water and sewer systems that may be conveyed to Collier County including treatment plants, shall be constructed within public rights -of -way or on lands owned or controlled by Developer for which Developer can provide utility easements to Collier County. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be perpetually owned, operated and maintained by the Developer, his assigns or successors. At the time of system conveyance Developer or his assigns or successors, shall provide all wed- eases the Collier County Water -Sewer District with easements throughout the development for utility facilities necessary to serve the Oran e� tree Service Area and customer base at no cost to the Collier County Water -Sewer District. 67) Connection to County Water and /or Sewer Facilities — All construction plans and technical specifications related to connections to the County's off -site water and /or sewer plants and facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. Upon connection to the County's off -site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and /or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida standards. All work related with this activity shall be performed at no cost to the County. Connection to the County's off -site water and/or sewer facilities will be made by the Developer, *,eif or the Developer's assigns or successors at no cost to the County within 120 days after saeh the CCWSD's facilities become available at the project site. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County off -site facilities, water and/or sewer lines necessary to make the connection(s). �8) Customers — All customers connecting to the water distribution and sewage collection facilities will be customers of the Developer or the interim utility 45 of 58 Words struele &&ettgh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -494- sewef the be bask develeper- by plants, plaHt site shall stauteFy deed alld site utility easements eefweyed to the appliee shall be vaeated emeept that an easement shall be reseRvd for- any I G facilities eefiReeting required, pur-suan4 io pa _ . 67) Connection to County Water and /or Sewer Facilities — All construction plans and technical specifications related to connections to the County's off -site water and /or sewer plants and facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. Upon connection to the County's off -site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and /or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida standards. All work related with this activity shall be performed at no cost to the County. Connection to the County's off -site water and/or sewer facilities will be made by the Developer, *,eif or the Developer's assigns or successors at no cost to the County within 120 days after saeh the CCWSD's facilities become available at the project site. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County off -site facilities, water and/or sewer lines necessary to make the connection(s). �8) Customers — All customers connecting to the water distribution and sewage collection facilities will be customers of the Developer or the interim utility 45 of 58 Words struele &&ettgh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -494- 1/10/2012 Item 8.A. established to serve the project until Collier County makes formal request for dedication of water and sewer systems. At that time, the customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County. Prior to connection of the project to the County's off - site water and /or sewer facilities, or the County assuming operation and maintenance responsibility for the water and/or sewer systems the Developer and/or his assigns, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. 99) System Development Charges - During that period of time that the water and sewer utility system is owned, operated and maintained by the Developer, Developer -or by the Orange Tree Utili , Company, the Orange Tree Utility Company may charge a system development charge to each connecting customer in an amount as approved and allowed by FPSC the Fler-ida Publie c m4ee Gemmissie" (PSG). Developer agrees to pay all ale legally required system development charges or impact fees at the time that building permits are required, pursuant to County ordinances and regulations then in effect. As well, Developer acknowledges that upon connection of the interim facility to the off -site treatment and transmission facilities operated and maintained by the County that all owners of existing properties characterized as new users and subject to the imposition of either a water and/or sewer impact fee will be required to pay to the Coun1y system development charges or impact fees for such new use. On the other hand, buildings, structures, or improvements, either existing or which have been issued a building permit for which construction is proceeding in good faith, shall not be required to pay a water or sewer impact fee to the County, whichever the case, if at the time the County formally and of its own volition resolves to provide the Project with water or sewer related services, the Board of Commissioners, in good faith, expressly declares its intention to operate the Orange Tree Utili1y Company's water of and sewer utility treatment facilities as a part of i-s CCWSD's regional system, or as a stand alone system without an intention to immediately dismantle and disconnect from the existing on -site treatment facilities. The Developer shall ensure that each prospective purchaser of a lot, parcel of land or unit in this PUD will receive advanced written notice in sales literature that it is anticipated that each customer of the certified utility serving the project shall be required to pay Water and Wastewater Impact Fees and other utility fees and utility charges to the County when the County commences to provide the respective utility service(s) to this PUD. the off site treatment and tr-ansmission fheilities operated and maintained by the 46 of 58 Words stmelE Owough are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -495- 1/10/2012 Item 8.A. Goo", A,hiA has eentmr wafer ,���� system de-,epment e ges —or- impact- fees, — l be utilized, NatiN,e speeies shall be where ewaiieNe, in the site iandseaping degign. A 1..„a..eaping plan will be s„1,mi4ea to .l.e Effi4FORFnental rervzoeDepartment Staff for- its - review and appreval This rl^-- and — habitat lest- on the site duFing constmetien a ° to u pas activities. system shall be laeated aeeefding to the requirements of Ghapter 6R of 4he Fierida Administrative Code. Wells thm do not dFam, water- ffem the suFfie 47 of 58 Words stfeek through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -496- defiRed shall be Femeved during eaeh. -3.) All eiietie plants, as f by This whieh will to pr-eveR4 Feinvasion of the site sueh exetie speeies. shall plan, be-filed mrith an f system shall be laeated aeeefding to the requirements of Ghapter 6R of 4he Fierida Administrative Code. Wells thm do not dFam, water- ffem the suFfie 47 of 58 Words stfeek through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -496- Y system shall be laeated aeeefding to the requirements of Ghapter 6R of 4he Fierida Administrative Code. Wells thm do not dFam, water- ffem the suFfie 47 of 58 Words stfeek through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -496- 1/10/2012 Item 8.A. &F. EDUCATION 1. The project shaU has fully mitigated its fiscal impacts by donating a 25 acre parcel to the Collier County Public School District to be utilized as a school site. 2. Future development of the educational facilities within the PUD Zoning District shall be subject to the -t+;e Interlocal Agreements adopted May 16. 2003 and implemented by amendments to the Land Development Code adapted on Februga 11 2004 or by any successor or amended ordinance between the Board of County Commissioners of Collier County, Florida and the Collier County School Board to establish educational plant and ancillary plant site development review processes. 14:G. FIRE PROTECTION 1) - --entral water system. The Developer commits to ensuring that required Ere flow aygIghifity, per Florida Fire Prevention Code as current! y adopted by the State of Florida shall be provided for all residential and commercial facilities prior to C.O. of respective structures 2) BuildiRg Heights shaj! be - limited t-- #vventy fi e 4--)-c-rN --P--e4 for -11 habitable Maximum actual building heights shall not exceed sixty 60 feet in accordance with Big Corkscrew Island Fire Control & Rescue District's a ui ment capabilities. 4-. H. FISCAL The developer has agreed to dedieftte conveyed a two school sites to the Collier County School Beard District including a donation of 25 acres and to has donated fifty -five (55) acres to the County for public use purposes, including the Collier County Fairgrounds, The Developer has also donated $25,000 to the Corkscrew Fire District for equipment on August 3, 1987. These donations shall mitigate the prejeeVs fiscal impacts of the originally- approved and vested development, 2,100 dwelling units and 22 acres / 60,000 square feet of commercial 114- A.03Q9VE1.C"* ffiN4:. ADDITIONAL CONDITIONS A. The landscape buffer along the "R -2" residential roe north of and adiacent to Oil Well Road shall be reduced to ten 10 feet. •. . B. Enhanced landsca a buffers shall be provided between commercial and residential uses as provided in Exhibit C and D. Words strtel- 4L-- are deleted; words underlined are added. 48 of 58 Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -497- 1/10/2012 Item 8.A. C Commercial parkin lot of lighting shall be limited to a maximum height of 25 feet, shall utilize low pressure sodium or similar bulbs and shall be shielded from residential uses. D. Future recreation locations in the R -3 district are shown in Exhibit E. These facilities may include but are not limited to recreation, tot lot, tennis, pool and clubhouse. Recreation area #1 shall be substantially completed prior to the first certificate of occupancy in the R -3 district Recreation #2 shall be substantially completed prior to 500th certificate of occupancy in the R -3 district. E. The R -3 district as identified on the Master Plan shall have a separate homeowner's association. 114-8.04AMENDMENT Amendment of this PUD Document, or of the PUD Master Land Use Plan, shall be accomplished according to the procedures set forth by in the Collier County Development Land Development Code. 49 of 58 Words Hugh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -498- i IM I all ! gill [ R 11 N N EXHIBIT A: MASTER PLAN I i� g six a 1/10/2012 Item 8.A. I I owo%g I jig „ »s, Y I ore lie Ill t�--- mm �srea � w►n.oa, r quo � r Packet Page -499- 1/10/2012 Item 8.A. EXHIBIT B: LEGAL DESCRIPTION A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER LYING IN SECTIONS 11 12 13 14 22 23 24 25 26 AND 27 TOWNSHIP 48 SOUTH RANGE 27 EAST AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 14, TOWNSHIP 48 SOUTH RANGE 27 EAST, N.89 °30'54 "E. ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 14 FOR 50.00 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD (STATE ROAD 846); THENCE N.00 025'16 "W. ALONG SAID EASTERLY RIGHT -OF -WAY LINE FOR 269.21 FEET TO THE SOUTHWEST CORNER OF GOLDEN GATE ESTATE UNIT 59 A SUBDIVISION RECORDED IN PLAT BOOK 7 AT PAGE 61 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA AND TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL, THENCE N.89 °33'04 "E. ALONG THE SOUTH LINE OF SAID GOLDEN GATE ESTATES UNIT 59 FOR 5294.24 FEET; THENCE N.89 °33'04 "E. ALONG THE SOUTH LINE OF SAID GOLDEN GATE ESTATES UNIT 59 AND GOLDEN GATE ESTATES UNIT 60 A SUBDIVISION RECORDED IN PLAT BOOK 7 AT PAGE 62 OF SAID PUBLIC RECORDS FOR 5328.02 FEET TO THE WEST LINE OF A 80 FOOT WIDE DRAINAGE CANAL RIGHT-OF-WAY; THENCE S.00'29'1 7"E. ALONG THE WEST LINE OF SAID DRAINAGE CANAL RIGHT -OF -WAY FOR 1364.99 FEET; THENCE S.89 033'04 "W. FOR 3729.37 FEET: THENCE S.00 °29'17 "E. FOR 4173.91 FEET; THENCE S.00 029'17 "E. FOR 50.00 FEET; THENCE N.89 °35'32 "E. FOR 302.18 FEET; THENCE S.00 024'28 "E. FOR 50.00 FEET; THENCE S.00 °24'28 "E. FOR 850.00 FEET, S.39 058'35 "E. FOR 255.00 FEET, S.50 °28'31 "E. FOR 630.00 FEET, S.31 029'32 "E. FOR 299.99 FEET, S.47 °05'12 "E. FOR 686.83 FEET, N.81 045'28 "E. FOR 230.00 FEET, S.88 °17'04 "E. FOR 645.91 FEET, S.58 031'32 "E FOR 1010.00 FEET; THENCE N.89 °30'43 "E. FOR 400.02 FEET; THENCE S.00029'1 7"E.- FOR 2762.49 FEET TO THE NORTH RIGHT -OF -WAY LINE OF RANDALL BOULEVARD (100 FEET WIDE); THENCE S 89 °32'17 "W. ALONG SAID NORTH RIGHT - OF -WAY LINE FOR 12294.08 FEET TO THE BEGINNING OF A TANGENTIAL CURVE CONCAVE EASTERLY HAVING A RADIUS OF 50.00 FEET- THENCE NORTHERLY 133.90 FEET ALONG THE ARC OF THE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 153 02618" BEING SUBTENDED BY A CHORD THAT BEARS N.13 044'34 "W. AT 97.33 FEET TO THE EASTERLY RIGHT -OF -WAY LINE OF IMMOKALEE ROAD (STATE ROAD S- 846 -100 FEET WIDE) TO A POINT OF REVERSE CURVATURE CONCAVE WESTERLY HAVING A RADIUS OF 2914.93 FEET; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT -OF -WAY 3321.37 FEET ALONG THE ARC OF THE CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 65 017'05 ", BEING SUBTENDED BY A CHORD THAT BEARS N.30 020'03 "E. AT 3144.59 FEET• THENCE N 02 °18'30 "W ALONG SAID EASTERLY RIGHT -OF -WAY FOR 2561.80 FEET; THENCE N.01 017'15 "E. ALONG SAID EASTERLY RIGHT -OF -WAY FOR 2895.93 FEET• THENCE N.01 009'15 "E. ALONG SAID EASTERLY RIGHT -OF -WAY FOR 2591.18 FEET; THENCE N.00 025'16 "W. ALONG SAID EASTERLY RIGHT -OF -WAY FOR 269.95 FEET TO THE POINT OF BEGINNING. 51 of 58 Words str& tlrexgh are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -500- 1/10/2012 Item 8.A. CONTAINING 2235.875 ACRES, MORE OR LESS. LESS PARCEL 1 - DESCRIBED IN OFFICIAL RECORD BOOK 4417 PAGE 2960: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 13 TOWNSHIP 48 SOUTH RANGE 27 EAST; THENCE S.89 °35'32 "W. ALONG THE SOUTH LINE OF SAID FRACTION AND ALONG THE CENTERLINE OF OIL WELL ROAD FOR 1201.85 FEET• THENCE N.00 °29' 17 "W. FOR 50.00 FEET TO THE NORTH RIGHT -OF -WAY LINE OF SAID OIL WELL ROAD AND TO THE SOUTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 2981 AT PAGE 2872 COLLIER COUNTY PUBLIC RECORDS• THENCE N.00 °29'17 "W. ALONG THE EAST LINE OF SAID PARCEL FOR 2353.80 FEET TO THE NORTHEAST CORNER OF SAID PARCEL AND TO THE SOUTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 4417 AT PAGE 2960 SAID PUBLIC RECORDS AND TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL• THENCE S.89 °33'04 "W. ALONG THE SOUTH LINE OF SAID PARCEL FOR 2482.41 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL, THENCE N.00 129'17 "W. ALONG THE WEST LINE OF SAID PARCEL FOR 1427.52 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AND TO THE SOUTHERLY LINE OF A 150.00 FOOT WIDE CANAL MAINTENANCE EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 1322 AT PAGE 1903 OF SAID PUBLIC RECORDS; THENCE N.74 °32'51 "E. ALONG THE NORTHERLY LINE OF SAID PARCEL AND THE SOUTHERLY LINE OF SAID CANAL MAINTENANCE EASEMENT FOR 1515.81 FEET-, THENCE N.89 °33'04 "E. ALONG THE NORTHERLY LINE OF SAID PARCEL AND THE SOUTHERLY LINE OF SAID CANAL MAINTENANCE EASEMENT FOR 1018.02 FEET TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE S.00 029'17 "E. ALONG THE EAST LINE OF SAID PARCEL FOR 1819.99 FEET TO THE POINT OF BEGINNING. CONTAINING 97.120 ACRES, MORE OR LESS. AREA OF THE DESCRIBED PARCEL CONTAINS 2138.755 ACRES, MORE OR LESS. 08- CPS - 00868 \1 18 52 of 58 Words stmek through are deleted; words underlined are added. Orangetree PUDZ- PL2003 -AR -3608 11/08/11 CCPC Approved for BCC Packet Page -501- gi 1 i 1/10/2012 Item 8.A. i � r i a� - - - -- a- i l- ti it i i y . -- - - - - - -- -------- .... +�. ...ti BSc— •• - -...J ss �I� �, •',r - -� Q� a� O gill a Y 6�j�9�l3I;� ilS ORANGURMFUDA ---- B GMUTC LANDWAKKOM LOCATION MAr Packet Page -502- ORANGUrREE ASSOCIATES 4Mwa VrMDwVl,suns1n NIAIIF161 DF.MA 34119 E 1/10/2012 Item 8.A. a� m �nz� C z 3 15'Type C Landscape Buffer L S W C _ O E4 S (DD O , O 0 0 0 X 3 CL S tO n o ^ U3 M O N 0- 0 rf �W_ tD n C i s z _ o z 2 to n (D N N a � e o 3 � to 3 I 4�.��r�i�R'f ` - ♦��l��I...'�'�'I = 1��1/11111���1 / /i�r •�l'1 �i,�� \\� ._ Property Line - =� �1�.cu� ,,�� - _. -:<- wuN_twa ■wc.:.ttt�' 1,. 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MMA no 00 .- C Landscape : ro E 3r s��k � ro lG f1 n ro -40O-j d o n' Q ro 1`3 wz 3 ro O M r S Cr N 0 r 1 � 0 O � CP .,.•.. .:���r��::�ii�'1r'��r��: +!iii: Property Line CL CL - ���ll „v '��.,; •�,I �� � ,!. r■ - i .. �D 1`��i1 1 • - ' r ••_.. }` . 4y�k PO go Residential Building Setback Line • • • • Packet Page -504- N rp c, l°] _ �0 r, a Zr ID am'$o°' -OOM o ro �ro ro� ro (D =r ro M Nei` CL LO ro 1 w O G no 00 ro o ao � ro lG f1 n ro -40O-j d o n' Q ro wz 3 ro O M r S Cr N 0 r 1 � 0 O � Packet Page -504- N rp c, l°] _ �0 r, a Zr ID am'$o°' -OOM o ro �ro ro� ro (D =r ro M Nei` CL LO ro 1 w O G M =r a � n (D CL UO c � O (D < 0 :3 Ln 2 (D CO & f\ \\ \k eb 2{ 1/10/2012 Item §.A. ]ƒ T p D Landscape Buff run M onz0 - � &E @ � �i& $ Cr % / (D k � o § o CL 0 ] 7 !�_| %9 i m a t a�# � \ / :r ID Existing Side Walk �\ ƒ£i(ƒ \ » Q rL 0 r) � ( �E� ° §j / p � »e \Q.A $ A L . �..R: �. � 1/10/2012 Item §.A. ]ƒ T p D Landscape Buff run M � � q (D � m c_ � (R t a�# � Existing Side Walk ƒ£i(ƒ » Q �?L 0 m \( \\ � ( �E� {f §j 6 $\ p � »e \Q.A $ A L . �..R: �. Edk� \§ ± \ \ ƒ3 ro E - 2 \ ( \\\OD & } { i to eD 1/10/2012 Item §.A. ]ƒ T p D Landscape Buff run —M 0 0 \ ƒ Edge of Pavement . ^2 /.? k \ \ 2�,$77a ;0 EI1tA= rD'�_ a Jg0 & ■eD to M m X i� U;* ; @ 2 « CL 0 �^ CL / m L 2 ro etLinef f77�{ (R E a�# Existing Side Walk ƒ£i(ƒ » §.gJ �?L ( �E� {f §j $ A L . �..R: �. —M 0 0 \ ƒ Edge of Pavement . ^2 /.? k \ \ 2�,$77a ;0 EI1tA= rD'�_ a Jg0 & ■eD to M m X i� U;* ; @ 2 « CL 0 �^ CL / m L 2 1/10/2012 Item 8.A. a� y Dn�O OI A N .- C Landscape Buffer M X k._. 4xy 1R i (D —% CLD O H —1 -4 - °W "rte "O �( eDD Wz +a �D y S C O _ E - 0' N m CO a � 0 0 ED 0 Property Line IN I;b CL rAt - �� E` ►,:� fx _ .. - 4 sk aL - _ j •: • • • • a� Dn�O OI A N M X A S (D —% CLD O H —1 °W "rte "O �( eDD Wz +a �D y S C O 0' N m a � 0 0 Packet Page -506- w M Z M X r- M n Cr N M C O rpm eD N 0 ,1 S-0 ato oro CL CO 3 O � r::1 Z 0 0 z A M C, or C 0 M 0 M >M -4 C --- -------------- 1 01 M I M q IF 77 7 7 Tp — -- R ORANGffMES R MM ZZONE EXHMIT E RMStEGATEAUKT.EATIC ARRA LOCATIONS Packet Page -507- 1/10/2012 Item 8.A. man I N N v D Q 7) (D to CL K 0 (D n e10 3 Cr fD IV O J Z D. M L/1 C7 D r-: Z: rn iI1 NOTICE OF INTENT 1/10/2012 Item 8 .A. TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JANUARY 90, +2012; in the Boardroom, 3rd Floor; Administration Building, Collier' County Government Center, 3299 East Tamiami:..Trail, Naples, Florida, the - Board, -of County Commissioners 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: AN ORDINANCE AMENDING ORDINANCE NUMBERS 2005-42 ''AND 2004 -73, THE- OR4NGETREE PUD, TO ADD 1,050 RESIDENTIAL UNITS FOR A. TOTAL' OF, 3,150• RESIDENTIAL UNITS; TO ADD 10000 SQUARE FEET. OF OFFICE_ USE 'AND "ADD 172;000 SQUARE -FEET OF.RETAIL USE TO THE EXISTING 60,000. SQUARE FEET OF RETAIL FOR A TOTAL . OF 332,000 SQUARE .FEET OF COMMERCIAL -DEVELOPMENT; TO REVISE THE DEVELOPMENT .STANDARDS INCLUDING. BUILDING HEIGHT' AND SETBACKS AND TO ADD ALLOWABLE RESIDENTIAL, COMMERCIAL USES AND MIXED USES, AND TO :DELETE ENVIRONMENTAL ' COMMITMENTS FOR PROPERTY LOCATED IN PARTS OF SECTIONS 11, .12, 13,14, 22 THROUGH =27, TOWNSHIP 48 'SOUTH, RANGE 27 EAST, ' COLLIER' COUNTY, FLORIDA CONSISTING OF 2138.76 ACRES- AND BY PROVIDING AN EFFECTIVE DATE. Copies of the .proposed Ordinance are on file with the Clerk to the Board and are available for. inspection. `-;All interested parties arg invited to.attepd and be heard. NOTE: " All persons wishing to speak on any agenda item must register with the County administrator... prior to presentation of the agenda item. to be addressed. Individual speakers will be limited to 3 minutes ori`any item: The selection of an individual. tp :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 material used in presentations before the Board' will become a, ,permanent : part of the record. Any person . who decides Io appeal 'a 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 he 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 Department, located. at -3335 Tamiaml Trail. East, Building 1N, Naples, Florida •34112, (239)252 =8380; Assisted listening devices for the hearing impaired are available in the County Commissioners'. Office. BOARD OF COUNTY COMMISSIONERS .COLLIER.000NTY, FLORIDA FRED COYLE; CHAIRMAN DWIGHT E. BROCK; CLERK By: Teresa Pulaski, Deputy Clerk (SEAL) December 21 2011 No -1927686 Packet Page -508- i