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Agenda 07/24/2012 Item # 9B7/24/2012 Item 9.13. EXECUTIVE SUMMARY Recommendation to consider an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, for Petition PUDA- PL20100001551, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Planned Unit Development zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Parklands RPUD, to change the PUD by reducing the residential dwelling units from 1,603 dwelling units to 850 residential dwelling units, increasing the preserve to 341 acres, deleting golf courses as a permitted use, revising development standards requesting deviations from the Land Development Code, and eliminating a 7.23± acre park on property located east of Quail West and south of the Lee - Collier line in Section 9, Township 48 South, Range 26 East, Collier County, Florida, consisting of 642.34± acres; providing for repeal of Ordinance No. 03 -42; and providing an effective date. (Companion to Items 8A, 111 and 12A) 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 original PUD zoning was approved on September 10, 1985, via Ordinance Number 85 -46. That approval provided for a maximum of 2,410 dwelling units on 965.4± acres with 165.8± acres devoted to golf course use and 498.7± acres devoted to the residential uses. The project also included 45.2 acres of "buffers, Parks, Greenbelts, Utilities, etc.," 43.9 acres of "Reserve areas," 85.7 acres of roads, and 126.1 acres of lakes. The gross density at that time was calculated to be 2.5 units per acre. The project zoning was amended on July 27, 1993 via Ordinance Number 93 -43, to allow 1,603 dwelling units on 642.2± acres along with a 15 acre school site, a 110± acre golf course, 15.1 acres of "buffers, Parks, Greenbelts, Utilities, etc.," 29.2 acres of "Reserve areas," 57 Acres of roadway, and 83.9 acres of lakes. That ordinance was repealed with the next amendment on September 9, 2003 via Ordinance Number 03 -42. According to the staff report prepared for the petition, the PUD was being amended to change the following: PUDA- PL20100001551: PARKLANDS PUD Revised: 7/2/12 (2) BCC Hearing Date July 24, 2012 Packet Page -349- Page 1 of 10 7/24/2012 Item 9.13. The petitioner is requesting a ` °PUU' to " PUD" (Planned Unit Development) rezone for the pulse of revising the Parklands PUD Document and master plan to allow for a conversion in the mixture of multi- family and single family uses while retaining the currently approved residential uses; adding an additional 9 holes of golf for a total of 27 hales; establishing a "Road Construction Agreement" with Collier County for the extension of Logan Boulevard; revising the environmental conimitrnents to include wetland preservation and flow -way improvements, The Parklands Development Order is also being amended in order to ensure consistency with the revision to the PUD and to extend the cominencement date from March 1.1, 2003 to March 11, 2004. That amendment approved 1,603 dwelling units on 635.2± acres along with a 155.4 acre preserve area, a 15 acre school site, an 180± acre, 27 hole golf course within a tract identified as "Commons/Recreation Area," 10.5 acres of county dedicated right -of -way, 35 acres of internal right -of -way, 96 acres of lakes and 143.2 acres for the residential use. Ordinance Number 03 -42 is the currently valid PUD ordinance for this tract. The petitioner is requesting to amend the PUD to allow the following changes: • The number of dwelling units has been reduced from 1,603 to 805. • The acreage has been revised slightly from 642.34 to 642.2 to reflect a more accurate boundary survey. • The golf course and flow way have been deleted from all documents and the RPUD Master Plan. • The development sequence and timing have been revised to coincide with the DRI build -out date contained in the Development Order. • A new section of previously approved deviations has been added to Exhibit E. Many of these were carried over from the old PUD, and some deleted. A new list of deviations is contained in Exhibit E, many having to do with signs, sidewalks, and for improvements for the Logan Boulevard extension for which a number of provisions are now contained in the RPUD and Developer Contribution Agreement (DCA), a companion item to this Petition. • Typical Internal Roadway Sections and Details (Exhibits C -2 and C -3) are now contained in Exhibit B some of which pertain to the requested deviations. • Provisions are contained in Exhibit E Deviation, No. 15 for fill in excess of 20,000 cubic yards to be removed from the site for the construction of Logan Boulevard. • A buffer 35 feet in width has been incorporated along the western property on land deeded from the County. (See Exhibit A Buffers). • Provisions for a 7.23 acre park have been deleted from the RPUD. The prior provisions required the County to issue impact fee credits for donation of a neighborhood park site. A PUDA- PL20100001551: PARKLANDS PUD Revised: 7/2/12 (2) BCC Hearing Date July 24, 2012 Packet Page -350- Page 2 of 10 7/24/2012 Item 9.13. 6± acre tract has been provided internal to the project to meet on -site recreational needs (see RPUD Master Plan). • Right -of -way for the extension of CR -951 has been eliminated from the PUD as this provision is no longer necessary. • The school site provisions have been revised (now in Exhibit A) to dedicate 15 acres but to delete a provision that an additional 5 acres be available for purchase by the School Board. No uses other than an elementary school are permitted on this site unless the developer or homeowners' association records a notice in the public records that this restriction has been waived. If that occurs, other permitted residential and accessory uses are allowed on this site. This restriction may be recorded in the Public Records and may be included in the deed to the School Board. • Provisions for emergency access are now depicted on the RPUD Master Plan. • Exhibit F Transportation Commitments includes a provision that Phase 1 of the Logan Boulevard Extension from the Olde Cypress PUD to the project entrance must be constructed prior to the issuance of the first Certificate of Occupancy. In Phase 2, the extension of Logan Boulevard to Bonita Beach Road shall be governed by the DCA. • Provisions are also incorporated in Exhibit F, Transportation requiring that a second entrance shall be constructed prior to the issuance of a permit for the 651" dwelling unit. • The preserve area has been increased from 148 acres to 341.2 acres, of which 131.6 acres of native vegetation shall be contained in the preserve areas. (See also Exhibit F, Environmental). • In Exhibit B, the Development Standards Table's setbacks have been incorporated from preserve area. The same table also now includes standards for recreational facilities, and for townhouses with two or more structures that were not contained in the prior PUD. • The standards pertaining to accessory uses have been consolidated from various sections of the prior PUD and incorporated into Exhibit A. A number of minor changes have been made such as provisions for docks, allowing towers only if they do not require a conditional use, and additional open space related uses. The teen chemical storage building has been deleted since there is no need for it as the golf course has been eliminated. The principal uses by and large are the same as permitted by the prior zoning approval. • Exhibit F, under Utilities, now contains provisions for water main extension and connection to County sewer. PUDA- PL20100001551: PARKLANDS PUD Revised: 7/2/12 (2) BCC Hearing Date July 24, 2012 Packet Page -351- Page 3 of 10 7/24/2012 Item 9.13. Because this PUD is undeveloped, the petitioner has prepared a new PUD document using a more recent format, e.g., Exhibits A -F rather than sections. It is not logical to prepare a strike thru/underline document as the entire document would be stricken thru. The applicant has provided a "PUD Comparison" to show the differences between the currently approved document and the proposed PUD. This information is part of the Narrative and Basis for Approval document. The petitioner is seeking approval of several deviations. These are discussed at length in the staff report prepared for the CCPC. 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 located within the Urban designated area (Urban — Urban Mixed Use District, Urban Residential Subdistrict) as identified on the countywide Future Land Use Map and in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The existing Parklands PUD, Planned Unit Development, was approved in 2003 (the original PUD was approved in 1985) for residential uses at a density of 2.5 dwelling units per acre (DU /A), associated recreational uses, and preserve lands - all deemed consistent with that Subdistrict. The proposed amendment retains residential uses but reduces the density to 1.3 DU /A (project site is eligible for base density of 4 DU /A under the density rating system in the FLUE), retains most recreational uses though golf course is eliminated, and greatly increases the size of the preserve area — none of which are inconsistent with the requirements and limitations of the Urban Residential Subdistrict. For additional FLUE analysis, please refer to the CCPC staff report. Based on the above analysis, staff concludes the proposed uses and density for the subject site are consistent with the Future Land Use Element. Transportation Element: Transportation Planning staff has reviewed the petitioner's application and has detennined that the proposed amendment reduces the total number of units proposed, and as such it will not increase the PM Peak Hour trip generation of this project. Therefore, staff concludes that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period. As such, the subject application can PUDA- PL20100001551: PARKLANDS PUD Revised: 7/2/12 (2) BCC Hearing Date July 24, 2012 Packet Page -352- Page 4 of 10 7/24/2012 Item 9.13. be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). A Developers Contribution Agreement [DCA] accompanies this PUD Amendment. Staff was concerned the City of Bonita Springs was not aware of or was concerned with the location and alignment of the intersection of Logan North and Bonita Beach Road. We have received a letter from the City of Bonita Springs stating there is an existing permitted Development Order (DOS2005- 00346) for the connection of Logan North to Bonita Beach Road. This is referred to in the DCA as the portion of Logan North within Lee County. Staff was concerned with the intersection of Logan Boulevard and Immokalee Road in regards to future levels of service both with and without the connection of Logan North to Bonita Beach Road. Petitioner provided analyses of these conditions which staff reviewed and analyzed. These analyses assumed all of Olde Cypress and Riverstone (flea Terafina) were constructed and certificates of occupancy issued. During this analysis, it was determined that the intersection of Logan Boulevard North and Immokalee Road is projected to be within level of service standards with up to 181 dwelling units completed and occupied in the Parklands. It was further determined that at buildout of the Parklands, the intersection of Logan North and Immokalee Road would need to be expanded by adding two southbound lanes at the intersection. Therefore, the DCA requires that the intersection be expanded prior to the issuance of the 182nd certificate of occupancy at the Parklands. Additionally, the applicant has agreed to building or having the County build the second phase of Logan North (from the Parklands entrance to Bonita Beach Road) prior to the issuance of the 298th certificate of occupancy at the Parklands. The DCA for the project provides for the Developer to construct Logan North (both Phase 1 and 2). No impact fee credits are allowed for Logan North Phase 1 or the portion of Logan North in Lee County. Dependent on financing and who is constructing Logan North, impact fee credits may be available for the construction only of Logan North Phase 2 in Collier County if this extension is completed by the Developer. The following stipulations of approval have been noted: 1. Completed adoption of a DCA (being negotiated in parallel with this project). 2. County staff reserves the right to review, and modify (at our discretion), the proposed roadway design to ensure compliance with required standards and maintenance requirements. 3. A second access to the proposed public roadway is allowed by this application, and shall be at a point located between the project's proposed driveway location and the Collier County line. The location of the additional driveway connection shall be consistent with the County's access management policy. Conservation and Coastal Management Element (CCME): Environmental review staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). A minimum of 25% of the existing native vegetation shall be placed under PUDA- PL20100001551: PARKLANDS PUD Revised: 7/2/12 (2) BCC Hearing Date July 24, 2012 Packet Page -353- Page 5 of 10 7/24/2012 Item 9.13. preservation and dedicated to Collier County. The preserve area has been increased from 148 acres to 341.2 acres, of which 131.6 acres of native vegetation shall be contained in the preserve areas. This far exceeds the GMP requirement. According to the petitioner's agent's December 21, 2010 letter, this increase in preserve area is due in part "...to a large extent by a settlement agreement between the property owner and various environmental stake holder groups to reduce environmental impacts by increasing the size of [the] preserve area." GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on June 7, 2012 and continued it to June 21, 2012. By a vote of 9 to 0, with Commissioner Ahern making the motion and Commissioner Ebert seconding the motion, The CCPC recommended forwarding this petition to the Board of County Commissioners (BCC) with a recommendation of approval with the following stipulations: The PUD document shall be revised as follows: 1) Exhibit F, 2. Transportation shall be revised to indicate that the school board's access northernmost Logan Boulevard North access point may have full turning movement; and 2) Exhibit A 2.B: Remove item #4; and 3) Exhibit A.8.A: Revise this section as follows [language to be removed is stricken through and language to be added is underlined]: If requested by the developer, the minimum lake setback to right -of -way, road access easement, or external property line, including those adjacent to Logan Boulevard North, shall be reduced to a minimum of twenty (20) feet if the right -of -way, roadway access easement or external property line is pi -alb' protected ifi Ae &f the hie by bei-Hi, fenehib gyard rail and eF landscaping. Notwithstanding the foregoing, this provision does not operate as a waiver of the Collier County Code of Laws and Ordinances. 4) Exhibit B: Add footnote #12 to be applicable to multi - family dwellings only, stating that buffers shall not be included in any setback; and PUDA- PL20100001551: PARKLANDS PUD Page 6 of 10 Revised: 7/2/12 (2) BCC Hearing Date July 24, 2012 Packet Page -354- 7/24/2012 Item 9.13. 5) All deviations are recommended for approval as shown in the PUD document. Item 1) above has not been included in the PUD document revision because that action is against the advice of counsel in the County Attorney's Office. These other revisions noted above have been incorporated into the PUD document that is included with the draft ordinance. Letters from the Conservancy of Southwest Florida and the City of Bonita Springs were submitted. Copies are included in the back up information. No opposition was voiced in either correspondence. Two persons spoke at the CCPC hearing voicing concerns about perceived traffic impacts, but no outright opposition was stated. Therefore, this petition meets the criteria for placement on the Summary Agenda. However, because this petition is a companion to a Development Commitment Agreement that requires Board discussion and approval on the regular agenda, this petition needs to be placed on the regular agenda. LEGAL CONSIDERATIONS: [Quasi-judicial, Four -fifths vote for approval] This is a rezone from a residential Planned Unit Development Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for a project to be known as the Parklands RPUD. The burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. The County has pending litigation with damage claims of over 6 million dollars for altering turning movements in an existing PUD. Therefore, the following language requested by the CCPC cannot be recommended for approval: 1) Exhibit F, 2. Transportation shall be revised to indicate that the school board's access northernmost Logan Boulevard North access point may have full turning movement; and The County Attorney's office recommends the identification of driveways in PUDs, but not the identification of turning movements in PUDs. Criteria for RPUD 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. PUDA- PL20100001551: PARKLANDS PUD Revised: 7/2/12 (2) BCC Hearing Date July 24, 2012 Packet Page -355- Page 7 of 10 7/24/2012 Item 9.13. 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 RPUD 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. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with RPUD 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 RPUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested RPUD 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? PUDA- PL20100001551: PARKLANDS PUD Page 8 of 10 Revised: 7/2/12 (2) BCC Hearing Date July 24, 2012 Packet Page -356- 7/24/2012 Item 9.13. 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...) 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 RPUD 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. II], as amended. 26. Are there other factors, standards, or criteria relating to the RPUD 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 item has been reviewed for legal sufficiency and is legally PUDA- PL20100001551: PARKLANDS PUD Revised: 7/2/12 (2) BCC Hearing Date July 24, 2012 Packet Page -357- Page 9 of 10 7/24/2012 Item 9.13. sufficient for Board action. An affirmative vote of four is necessary for Board approval. (HFAC ) RECOMMENDATION: Staff concurs with the recommendations of the CCPC, except as noted above in the Legal Considerations, 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, except as noted above in the Legal Considerations. PREPARED BY: Kay Deselem, AICP, Principal Planner, Zoning Services Section, Land Development Services Department, Growth Management Division, Planning and Regulation Attachments: 1) Staff Report 2) Back -up information 3) Ordinance PUDA- PL20100001551: PARKLANDS PUD Revised: 7/2/12 (2) BCC Hearing Date July 24, 2012 Packet Page -358- Page 10 of 10 COLLIER COUNTY Board of County Commissioners Item Number: 9.B. 7/24/2012 Item 9.13. 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. Recommendation to consider an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, for Petition PUDA- PL20100001551, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Planned Unit Development zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Parklands RPUD, to change the PUD by reducing the residential dwelling units from 1,603 dwelling units to 850 residential dwelling units, increasing the preserve to 341 acres, deleting golf courses as a permitted use, revising development standards requesting deviations from the Land Development Code, and eliminating a 7.23± acre park on property located east of Quail West and south of the Lee - Collier line in Section 9, Township 48 South, Range 26 East, Collier County, Florida, consisting of 642.34± acres; providing for repeal of Ordinance No. 03 -42; and providing an effective date. (Companion to Petition DOA- PL201000001550). Meeting Date: 7/24/2012 Prepared By Name: DeselemKay Title: Planner, Principal,Engineering & Environmental Ser 6/26/2012 4:31:59 PM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 6/27/2012 10:07:56 AM Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 6/27/2012 2:01:25 PM Packet Page -359- Name: BosiMichael Title: Manager - Planning,Comprehensive Planning Date: 6/28/2012 10:07:33 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 6/28/2012 2:33:06 PM Name: AshtonHeidi Title: Section Chief /Land Use- Transportation,County Attor Date: 7/6/2012 10:01:06 AM Name: KlatzkowJeff Title: County Attorney Date: 7/6/2012 3:37:46 PM Naive: FinnEd Title: Senior Budget Analyst, OMB Date: 7/9/2012 2:27:09 PM Name: OchsLeo Title: County Manager Date: 7/11/2012 10:52:02 AM Packet Page -360- 7/24/2012 Item 9.13. 7/24/2012 Item 9.13. AGENDA ITEM 9 -D Co � " r Co1.vtty STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: JUNE 7, 2012 SUBJECT: PUDA- PL20100001551: PARKLANDS PUD [COMPANION TO DOA - PL20100001550: PARKLANDS DRI] PROPERTY OWNER & APPLICANT /AGENT: Owner /Applicant: Agents: Kevin Ratterree Robert L. Duane, AICP R. Bruce Anderson, Esquire Parklands Associates I, LLLP Hole Montes, Inc. Roetzel & Andress, LPA 1600 Sawgrass Corp. Pkwy, Suite 400 950 Encore Way 850 Park Shore Drive Sunrise, FL 33323 Naples, FL 34110 Naples, FL 34103 REOUESTED ACTION: The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for an amendment to the existing PUD zoned project known as The Parklands Residential Planned Unit Development (RPUD), to approve several changes to the project. For details about the project proposal, refer to "Purpose /Description of Project." GEOGRAPHIC LOCATION: The subject 642.34± -acre property is located east of Quail West and south of the Lee - Collier line in Section 9, Township 48 South, Range 26 East, Collier County, Florida, (See the map on next page for details) PURPOSE/DESCRIPTION OF PROJECT: The Parklands Development of Regional Impact (DRI) is located in Lee and Collier Counties. The Lee County portion is developed as the Palmira Golf and Country Club. The Collier County PUDA- PL20100001551: PARKLANDS PUD June 7, 2012 CCPC Revised: 5111/12 Packet Page -361- Page 1 of 29 m C D r N O O I DJ O z D N O z z D JF IAxo' m seu.e Packet Page -362- 7/24_/2012 It( 8 uvlxc ROACs El dg nnw Gg A $A 6 Hs s OOH m EY cFNIN INTERSTnTE -]6 .1 jj i; 8 as C C� i� CvGR65 Yp0p5 E°F t COUNIR'f CWB p IHiERCTAIE -TS Z � HUNTNGTCN < o a � m m I.osAx sau�vnxn o tlg. a al g Z z C as Cole � — .A. .1 CCWFR RIXILLVARC �K 1REE FARM O z p m $ F - Z 1 JF IAxo' m seu.e Packet Page -362- � � � � � � 3 \ |§ ;. ;,■ ( § (/ %s 0§ § z Al \ i § � % 7/24/2012 | m 9.13. maWTST_ \ \\ \\ \\ \ %k i§ ;B ■) =n ;; R@ �\ }\ �\ (\ �) ¥ # ) ) _SOL PUD E j / races Lra -:)o:)- .. k k § & \ § ! m § t , �- § ) k \\ ) \ { } }) \ 7/24/2012 Item 9.13. portion of the Parklands PUD/DRI is undeveloped. The subject property has previously been used for agricultural purposes in the area depicted on the aerial photo. The original PUD zoning was approved on September 10, 1985, via Ordinance Number 85 -46. That approval provided for a maximum of 2, 410 dwelling units on 965.4± acres with 165.8± acres devoted to golf course use and 498.7± acres devoted to the residential uses. The project also included 45.2 acres of "buffers, Parks, Greenbelts, Utilities, etc.," 43.9 acres of "Reserve areas," 85.7 acres of roads, and 126.1 acres of lakes. The gross density at that time was calculated to be 2.5 units per acre. The project zoning was amended on July 27, 1993 via Ordinance Number 93 -43, to allow 1,603 dwelling units on 642.2± acres along with a 15 acre school site, a 110± acre golf course, 15.1 acres of "buffers, Parks, Greenbelts, Utilities, etc.," 29.2 acres of "Reserve areas," 57 Acres of roadway, and 83.9 acres of lakes. That ordinance was repealed with the next amendment on September 9, 2003 via Ordinance Number 03 -42. According to the staff report prepared for the petition, the PUD was being amended to change the following: The petitioner is requesting a "PUD' to "PUD°' (Planned Unit Development) rezone for the purpose of revising the Parklands PUD Document and master plan to allow for a conversion in the mixture of multi - family and single family uses while retaining the currently approved residential uses; adding an additional 9 holes of golf for a total of 27 holes; establishing a "Road Construction Agreement " with Collier County for the extension of Logan Boulevard; revising the environmental commitments to include wetland preservation and flow-way improvements. The Parklands Development Order is also being amended in order to ensure consistency with the revisions to the PUD and to extend the commcneement date from March 1, 1, 2003 to March 1.1, 2004. That amendment approved 1,603 dwelling units on 635.2± acres along with a 155.4 acre preserve area, a 15 acre school site, an 180± acre, 27 hole golf course within a tract identified as "Commons /Recreation Area," 10.5 acres of county dedicated right -of -way, 35 acres of internal right of way, 96 acres of lakes and 143.2 acres for the residential use. Ordinance Number 03-42 is the currently valid PUD ordinance for this tract. Due to changing market conditions, the petitioner is requesting to amend the PUD to allow the following changes: • The number of dwelling units has been reduced from 1,603 to 805. • The acreage has been revised slightly from 642.34 to 642.2 to reflect a more accurate boundary survey. • The golf course and flow way have been deleted from all documents and the RPUD Master Plan. • The development sequence and timing have been revised to coincide with the DRI build -out date contained in the Development Order. PUDA- PL20100001551: PARKLANDS PUD June 7, 2012 CCPC Revised: 5/11/12 Packet Page -364- Page 2 of 29 7/24/2012 Item 9.13. • A new section of previously approved deviations has been added to Exhibit E. Many of these were carried over from the old PUD, and some deleted. A new list of deviations is contained in Exhibit E, many having to do with signs, sidewalks, and for improvements for the Logan Boulevard extension for which a number of provisions are now contained in the RPUD and Developer Contribution Agreement (DCA), a companion item to this Petition. • Typical Internal Roadway Sections and Details (Exhibits C -2 and C -3) are now contained in Exhibit B some of which pertain to the requested deviations. • Provisions are contained in Exhibit E Deviation, No. 15 for fill in excess of 20,000 cubic yards to be removed from the site for the construction of Logan Boulevard and also possibly for fill for other County roadways. • A buffer 35 feet in width has been incorporated along the western property on land deeded from the County. (See Exhibit A Buffers). • Provisions for a 7.23 acre park have been deleted from the RPUD. The prior provisions required the County to issue impact fee credits for donation of a neighborhood park site. A 6± acre tract has been provided internal to the project to meet on -site recreational needs (see RPUD Master Plan). • Right -of -way for the extension of CR -951 has been eliminated from the PUD as this provision is no longer necessary. • The school site provisions have been revised (now in Exhibit A) to dedicate 15 acres but to delete a provision that an additional 5 acres be available for purchase by the School Board. No uses other than an elementary school are permitted on this site unless the developer or homeowners' association records a notice in the public records that this restriction has been waived. If that occurs, other permitted residential and accessory uses are allowed on this site. This restriction may be recorded in the Public Records and may be included in the deed to the School Board. • Provisions for emergency access are now depicted on the RPUD Master Plan. • Exhibit F Transportation Commitments includes a provision that Phase 1 of the Logan Boulevard Extension from the Olde Cypress PUD to the project entrance must be constructed prior to the issuance of the first Certificate of Occupancy. In Phase 2, the extension of Logan Boulevard to Bonita Beach Road shall be governed by the DCA. • Provisions are also incorporated in Exhibit F, Transportation requiring that a second entrance shall be constructed prior to the issuance of a permit for the 651 st dwelling unit. • The preserve area has been increased from 148 acres to 341.2 acres, of which 131.6 acres of native vegetation shall be contained in the preserve areas. (See also Exhibit F, Environmental). PUDA- PL20100001551: PARKLANDS PUD June 7, 2012 CCPC Revised: 5/11112 Packet Page -365- Page 3 of 29 7/24/2012 item 9.13. • In Exhibit B, the Development Standards Table's setbacks have been incorporated from preserve area. The same table also now includes standards for recreational facilities, and for townhouses with two or more structures that were not contained in the prior PUD. • The standards pertaining to accessory uses have been consolidated from various sections of the prior PUD and incorporated into Exhibit A. A number of minor changes have been made such as provisions for docks, allowing towers only if they do not require a conditional use, and additional open space related uses. The term chemical storage building has been deleted since there is no need for it as the golf course has been eliminated. The principal uses by and large are the same as permitted by the prior zoning approval. • Exhibit F, under Utilities, now contains provisions for water main extension and connection to County sewer. Because this PUD is undeveloped, the petitioner has prepared a new PUD document using a more recent format, e.g., Exhibits A -F rather than sections. It is not logical to prepare a strike thru/underline document as the entire document would be stricken thru. The applicant has provided a "PUD Comparison" to show the differences between the currently approved document and the proposed PUD. This information is part of the Narrative and Basis for Approval document. The petitioner is seeking approval of fifteen deviations. These are discussed later in this report. SURROUNDING LAND USE AND ZONING: North: The Lee County line; then the Lee County portion of The Parklands PUD/DRI, developed as Palmira Golf and Country Club East: Mirasol PUD, a 1,543± acre undeveloped RPUD (Ordinance #09 -21) approved for a maximum of 799 residential units and 36 hole golf course [An amendment application is pending for this PUD seeking to add 95 acres to the project, decrease the development footprint by 100± acres (increase preserve area), request additional deviations, and allow a maximum of 1,121 dwelling units (a 322 unit increase) at 0.68 units per acre] South: Terrafina PUD, a 637 acre residential project that is being developed as the Riverstone project. The project was approved in Ordinance 404 -15 for a maximum of 850 dwelling units at a density of 1.3 units per gross acre with 5,000 square feet of Convenience Commercial/Neighborhood Village Center uses West: Quail West PUD an 854.19 acre developing residential PUD that was approved at 0.6 units per acre (Ordinance # 93 -44) PUDA- PL20100001551: PARKLANDS PUD Page 4 of 29 June 7, 2012 CCPC Revised: 5/11/12 Packet Page -366- 7/24/2012 Item 9.13. Aerial Photo (subject site depiction is approximate) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is located within the Urban designated area (Urban — Urban Mixed Use District, Urban Residential Subdistrict) as identified on the countywide Future Land Use Map and in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The existing Parklands PUD, Planned Unit Development, was approved in 2003 (the original PUD was approved in 1985) for residential uses at a density of 2.5 dwelling units per acre (DU /A), associated recreational uses, and preserve lands - all deemed consistent with that Subdistrict. The proposed amendment retains residential uses but reduces the density to 1.3 DU /A (project site is eligible for base density of 4 DU /A under the density rating system in the FLUE), retains most recreational uses though golf course is eliminated, and greatly increases the size of the preserve area — none of which are inconsistent with the requirements and limitations of the Urban Residential Subdistrict. Relevant FLUE policies are stated below (in italics); each policy is followed by staff analysis (in bold). Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. (The project will have access to Logan Boulevard, classified as a minor arterial in the Transportation Element's Functional Classification Map.) PUDA- PL20100001551: PARKLANDS PUD Page 5 of 29 June 7, 2012 CCPC Revised: 5111/12 Packet Page -367- 01 f yW r r�36kq�4 kk ' 4i1�� iCL�1gU5$3r t .1i11i�''I�`vk�lAfL- �"'��+. �� M"% �BtA j •" `� e K $�. $ya n $'"}�'" I' D ^; u MIRASOL PUD t+n '95c e+"42xr Y ".1Z ve i w I5�! k�+rj b�'r'�42Y" 'MIRASOL � t• PLID Ija�Pp i �.a m 54 Q9y' ��((.i t"S. "frza�wcys.M ?iD`y iii .ruly"""dn. .. .ry»; � r 'Py,.txd ��.� � •'R�� ""Ms°��i'si,a i � �,` ,�ys�,.�r .- .yyy�� :iAf -! e�._ •� .. `r %`'fie D!del�.�.. ,I � �, Aerial Photo (subject site depiction is approximate) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is located within the Urban designated area (Urban — Urban Mixed Use District, Urban Residential Subdistrict) as identified on the countywide Future Land Use Map and in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The existing Parklands PUD, Planned Unit Development, was approved in 2003 (the original PUD was approved in 1985) for residential uses at a density of 2.5 dwelling units per acre (DU /A), associated recreational uses, and preserve lands - all deemed consistent with that Subdistrict. The proposed amendment retains residential uses but reduces the density to 1.3 DU /A (project site is eligible for base density of 4 DU /A under the density rating system in the FLUE), retains most recreational uses though golf course is eliminated, and greatly increases the size of the preserve area — none of which are inconsistent with the requirements and limitations of the Urban Residential Subdistrict. Relevant FLUE policies are stated below (in italics); each policy is followed by staff analysis (in bold). Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. (The project will have access to Logan Boulevard, classified as a minor arterial in the Transportation Element's Functional Classification Map.) PUDA- PL20100001551: PARKLANDS PUD Page 5 of 29 June 7, 2012 CCPC Revised: 5111/12 Packet Page -367- 7/24/2012 Item 9.B. Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traff c signals. (The PUD Master Plan indicates a single access point directly onto Logan Boulevard with a spine road into the project; all development within this PUD will have access to this spine road, i.e. have internal access.) Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. (The on -site preserve precludes connections to the south, east and partially the north, and lands to the west and north are fully developed and gated.) Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. (The PUD specifically allows for pedestrian and bicycle paths; though a sidewalk deviation is requested, a sidewalk will still be required on one side of all local streets within the PUD. The PUD provides for a variety of housing unit types. Open space comprises over 70% of the PUD, including over half the PUD acreage in preserve area. Recreational facilities and community centers are allowed, and a 6.1 -acre recreation site is identified on the PUD Master Plan; a 15 -acre school site is identified on the PUD Master Plan and the only use allowed there is a public elementary school.) Based upon the above analysis, Comprehensive Planning staff finds the proposed amendments consistent with the FLUE. Transportation Element: Transportation Planning staff has reviewed the petitioner's application and has determined that the proposed amendment reduces the total number of units proposed, and as such it will not increase the PM Peak Hour trip generation of this project. Therefore, staff concludes that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period. As such, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). A Developers Contribution Agreement [DCA] accompanies this PUD Amendment. Staff was concerned the City of Bonita Springs was not aware of or was concerned with the location and alignment of the intersection of Logan North and Bonita Beach Road. We have received a letter from the City of Bonita Springs stating there is an existing permitted Development Order (DOS2005- 00346) for the connection of Logan North to Bonita Beach Road. This is referred to in the DCA as the portion of Logan North within Lee County. Staff was concerned with the intersection of Logan Boulevard and Immokalee Road in regards to future levels of service both with and without the connection of Logan North to Bonita Beach Road. Petitioner provided analyses of these conditions which staff reviewed and analyzed. These analyses assumed all of Olde Cypress and Riverstone (flea Terafma) were constructed and certificates of occupancy issued. During this analysis, it was determined that the intersection of PUDA- PL20100001551: PARKLANDS PUD June 7, 2012 CCPC Revised: 5/11/12 Packet Page -368- Page 6 of 29 7/24/2012 Item 9.13. Logan North and Immokalee Road is projected to be within level of service standards with up to 181 dwelling units completed and occupied in the Parklands. It was further determined that at buildout of the Parklands, the intersection of Logan North and Immokalee Road would need to be expanded by adding two southbound lanes at the intersection. Therefore, the DCA requires that the intersection be expanded prior to the issuance of the 182nd certificate of occupancy at the Parklands. Additionally, the applicant has agreed to building or having the County build the second phase of Logan North (from the Parklands entrance to Bonita Beach Road) prior to the issuance of the 298th certificate of occupancy at the Parklands. The DCA for the project delineates who should construct Logan North (both Phase 1 and 2) with the County being given the option in regards to the County or the Developer constructing the road. This is largely dependent on whether or not the state contributes TRIP Funding for Logan North and the timing requirement of the Developer. No impact fee credits are allowed for Logan North Phase 1 or the portion of Logan North in Lee County. Dependent on financing and who is constructing Logan North, impact fee credits may be available for the construction only of Logan North Phase 2 in Collier County if this extension is completed by the Developer. The following stipulations of approval have been noted: 1. Completed adoption of a DCA (being negotiated in parallel with this project). 2. County staff reserves the right to review, and modify (at our discretion), the proposed roadway design to ensure compliance with required standards and maintenance requirements. 3. A second access to the proposed public roadway is allowed by this application, and shall be at a point located between the project's proposed driveway location and the Collier County line. The location of the additional driveway connection shall be consistent with the County's access management policy. Conservation and Coastal Management Element (CCME): Environmental review staff found this project to be consistent with the Conservation & Coastal Management Element (COME). A minimum of 25 % of the existing native vegetation ,shall be placed under preservation and dedicated to Collier County. The preserve area has been increased from 148 acres to 341.2 acres, of which 131.6 acres of native vegetation shall be contained in the preserve areas. This far exceeds the GMP requirement. According to the petitioner's agent's December 21, 2010 letter, this increase in preserve area is due in part "...to a large extent by a settlement agreement between the property owner and various environmental stake holder groups to reduce environmental impacts by increasing the size of [the] preserve area." GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff PUDA- PL20100001551: PARKLANDS PUD Page 7 of 29 June 7, 2012 CCPC Revised: 5/11/12 Packet Page -369- 7/24/2012 Item 9.13. believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. ANAINVUS! 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 subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Services staff has reviewed the petition and the PUD document to address environmental concerns. There are no outstanding environmental issues. This project is not required to go before the EAC board again since there are no proposed changes to the previously approved Preserve areas — these areas were added to (increased). Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right -of -way and access issues and is recommending approval subject to the Transportation Development Commitments contained in Exhibit F of the RPUD Ordinance. Zoning Services Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the subject site, the compatibility analysis included a review of the subject proposal comparing it to surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location. Zoning staff is of the opinion that this project will be compatible with and complementary to, the surrounding land uses. To support that opinion staff offers the following analysis of this project. The development standards contained in Exhibit B of the PUD document show the following changes from the originally approved development standards: The minimum lot area and side yard setbacks for the various uses are not changing for single - family units from what is currently in effect. The table now includes both zoned and actual height information, whereas the original only provided zoned height information. The types of uses that would be allowed in this project have changed slightly in that the golf course is being removed. PUDA- PL20100001551: PARKLANDS PUD June 7, 2012 CCPC Revised: 5111/12 Packet Page -370- Page 8 of 29 7/24/2012 Item 9.13. As illustrated in the aerial photograph located on page 2 of the staff report, the surrounding zoning discussion of this staff report, and the Master Plan, the site is bordered to the north by the Lee County line; then the Lee County portion of The Parklands PUD/DRI, developed as Palmira Golf and Country Club. - To the east is the Mirasol PUD, a 1,543± acre undeveloped RPUD (Ordinance #09 -21) approved for a maximum of 799 residential units and 36 hole golf course [An amendment application is pending for this PUD seeking to add 95 acres to the project, decrease the development footprint by 100± acres (increase preserve area), request additional deviations, and allow a maximum of 1, 121 dwelling units (a 322 unit increase) at 0.68 units per acre]. To the south is the Terafma PUD, a 637 acre developing residential project that is being developed as the Riverstone project. The project was approved in Ordinance #04 -15 for a maximum of 850 dwelling units at a density of 1.3 units per gross acre with 5,000 square feet of Convenience Commercial/Neighborhood Village Center uses. To the west is the Quail West PUD an 854.19 acre developing residential PUD that was approved at 0.6 units per acre (Ordinance # 93 -44) Deviation Discussion: The petitioner is seeking reaffirmation of ten previously approved subdivision substitutions approved in Section 7.06 of Ordinance #03 -42. Design substitutions were the fore runner of the deviation process. The applicant is adding fifteen new deviations from the requirements of the LDC. The deviations are listed in PUD Exhibit E.. The applicant has provided a list of Deviations divided into two parts to distinguish between those already approved and the proposed new ones. Staff has listed the previously approved deviations without further analysis, but has provided an analysis for the proposed new deviations. Deviations are a normal derivative of the PUD rezoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control. PUDs .... may depart from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest .... PREVIOUSLY APPROVED DEVIATIONS: Sidewalksibicycle paths shall conform to the provisions of the LDC, except that sidewalks shall only be required on one side of the street in the case of local right -of -way streets forty (40) feet in width. (LDC 6.06.02.A.1). Street name markers and traffic devices shall be approved by the County Engineer. Conformance with USDOT /FHWA/MUTCD is waived. Street pavement painting, requirements for striping and reflective edging on secondary road systems and reflective edging main road system shall be PUDA- PL20100001551: PARKLANDS PUD June 7, 2012 CCPC Revised: 5/11/12 Packet Page -371- Page 9 of 29 7/24/2012 Item 9.B. waived. Traffic circulation signage shall be in conformance with USDOT/FHWA/MUTCD standards. (LDC 10.02.05.E.3.o). The LDC requirement for blank utility casing installations shall be waived. (LDC 6.01.0l.D). The standard that PRMs be installed in a typical water valve cover shall be waived subject to monumentation being installed in accordance with Chapter 177, Florida Statutes. (Construction Standards Manual Revised in Supp. 17 (03 -55)). All cul -de -sacs and local streets, whether more or less than 1,000 feet in length, are required to have a minimum forty (40) foot right -of -way width and two ten -foot wide travel lanes and are waived from the requirements of the LDC. (Construction Standards Manual Revised in Supp. 17 (03 -55)). Cul -de -sacs may exceed the maximum 1,000 -foot length LDC requirement. (Construction Standards Manual Revised in Supp. 17 (03 -55)). Back of curb radii at street intersections shall be a minimum of thirty (30) feet, except at project entrance intersections where the radii shall be forty (40) feet and are waived from the requirements of the LDC. (Construction Standards Manual Revised in Supp. 17 (03 -55)). The minimum 75 -foot tangent standard at intersections may be reduced subject to a certified traffic analysis based upon design speed, site distance, and adequate recovery zone and are waived from the requirements of the LDC. (Construction Standards Manual Revised in Supp. 17 (03 -55)). The LDC requirement for tangents between street curves shall be waived. (Construction Standards Manual Revised in Supp. 17 (03 -55)). Street grades may exceed the four percent (4 %) maximum required by the LDC provided that the applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met and are waived from the requirements of the LDC. (This deviation is not applicable to Logan Boulevard North). (Construction Standards Manual Revised in Supp. 17 (03 -55)). NEW DEVIATIONS: Deviation #1 seeks relief from LDC Section 5.04.04.B.3.e, Model Homes and Model Sales Centers, which provides that a temporary use permit for a model home (occupied or unoccupied) shall be issued initially for a period of three (3) years. The requested deviation is to allow the model homes to remain in effect until the last certificate of occupancy has been issued for the RPUD without the 3 -year limitation. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The request is to allow model homes to remain in operation until the last certificate of occupancy is issued. The justification for this deviation is that The Parklands RPUD is a PUDA- PL20100001551: PARKLANDS PUD Page 10 of 29 June 7, 2012 CCPC Revised: 5/11/12 Packet Page -372- 7/24/2012 Item 9.13. large project with up to 850 dwelling units. The developer's experience is that it may take a number of years for the project to build -out and their experience has been that model homes should remain in operation until the project is complete. Staff Analysis and Recommendation: Due to the size of the project, staff agrees that some allowance can be made to allow additional time for the model units. However, staff also recognizes that markets change over time and consumers wants also change, thus staff would suggest that the models be allowed to remain for a maximum of ten years rather than a potential forever. Zoning and Land Development Review staff recommends APPROVAL of this deviation with the stipulation that no model can remain for more than ten years without securing Conditional Use, or its successor process approval, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.133.51, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #2 seeks relief from LDC Section 5.04.04.B.5.c, Model Homes and Model Sales Centers, which provides that a maximum of five (5) models, or a number of corresponding to ten (10) percent of the total number of platted lots, whichever is less, per platted, approved development shall be permitted prior to final plat approval as specified above. The requested deviation provides up to 16 model homes and a sales center to be permitted in the RPUD. Petitioner's Rationale: The petitioner provided the following justification for this deviation: The request is to permit up to 16 model homes and a sales center. The deviation is to increase number of model homes and the sales center from 5 to 16 The justification for this deviation is that The Parklands RPUD is a large project with 850 approved dwelling units. The experience of the developer has been that for a project this size up to 16 model homes including a sales center are required to meet their needs to successfully market the project. Staff Analysis and Recommendation: Due to the size of the project, staff agrees that some allowance can be made to allow additional model units. Hacienda Lakes PUD, which was approved for over 1,700 residential units received deviation approval to allow up to 60 model homes. Similarly, staff supported this deviation request in the Bent Creek Preserve PUD. With the project's proposed number of units, allowing a maximum of 16 models seems appropriate therefore, staff concurs with the applicant's assessment of the situation for this particular project. Staff sees no detrimental effect if this deviation request is accommodated. However, staff suggests that the developer be required to provide documentation at each building permit for a model home /unit stating how many models are in operation to ensure the total of 16 is not exceeded. Zoning and Land Development Review staff recommends APPROVAL of this deviation with the stipulation that the developer provide the number of existing model home /units as part of the PUDA- PL20100001551: PARKLANDS PUD June 7, 2012 CCPC Revised: 5111/12 Packet Page -373- Page 11 & 29 7/24/2012 Item 9.13. gpplication material for every model home /unit building permit finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health safety and welfare of the community," and LDC Section 10.02.133.51, the petitioner has demonstrated that the deviation is "Justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #3 seeks relief from LDC Section 5.06.02.B.6, Development Standards for Signs within Residential Districts, which allows on- premises signs within residential districts. Two ground signs with a maximum height of 8 feet or wall, residential entrance or gate signs with a maximum height of 8 feet may be located at each entrance to multi - family or single - family development and mobile home or recreational vehicle park. The requested deviation is to allow two (2) entrance signs and two (2) boundary marker signs depicted in Exhibit C -l. These signs will be a maximum 10 feet in height. The boundary markers will be located adjacent to the project development along Logan Boulevard North. The deviation is to allow additional signage along Logan Boulevard North for a total of four signs 10 feet in height with up to 60 square foot copy area or a combined copy area of up to 120 square feet (both sides). Petitioner's Rationale: The petitioner provided the following justification for this deviation: The request is to allow for the combined area of the entrance signs and the boundary markers depicted in Exhibit C -1 for a total of four signs 10 feet in height with a maximum of 60 square foot copy area or a maximum copy area of 120 square feet (both sides). (See also Deviation No. 4). The justification for this deviation is that the size and location of the project merits additional exposure to the motering*public by allowing additional project signage adjacent to the project along more than one mile of Logan Boulevard North. The proposed boundary markers in The Parklands RPUD are designed to provide for additional signage along Logan Boulevard North based on the project's size and location. It is worth to note that a number of projects smaller than The Parklands would utilize a greater number of signs than proposed in this RPUD given the project's road frontage on Logan Boulevard North, Staff Analysis and Recommendation: The petitioner made reference in Deviation #8 request that this petition should be treated similarly to Terafma PUD, the project to the south. That PUD was approved with a signage plan to allow entrances signs a total sign face area of 80 feet for one sign or 40 square feet if the sign is a single two -sided sign. Terafina is of a similar size at 638 acres with a total of 850 dwelling units, while this project seeks approval of 850 units on 642± acres. It seems appropriate to limit this project to what was approved for the Terafina PUD which is of a similar size, density and location. Boundary marker signs would be limited to a maximum of 16 square feet of copy area. The number of signs - -four signs requested and shown in Exhibit C -1 is acceptable, if limited to the size noted above. Zonin¢ and Land Development Review staff recommends APPROVAL of this deviation as limited in location and number in Exhibit C -1 and further limited to a maximum total sign face area of 80 feet for one sign or 40 square feet if the sign is a single two -sided entrance sign and a PUDA- PL20100001551: PARKLANDS PUD June 7, 2012 CCPC Revised: 5/11/12 Packet Page -374- Page 12 of 29 7/24/2012 Item 9.13. maximum of 16 square feet of sign area for a bounden i sgn, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.13.51, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #4 seeks relief from LDC Section 5.06.02.B.6.b, Development Standards for Signs within Residential District, which allows the ground or wall sign not to exceed a combined area of 64 square feet and shall not exceed the height and length of the wall or gate upon which it is located. The deviation is to allow the two project entrance signs and two boundary marker signs to be a maximum of 60 square feet in area and a maximum combined area of 120 square feet for two -sided signs. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The request is to allow the entrance and boundary marker sign areas to be up to 60 square feet for each sign face and 120 square feet for the combined areas. The justification is to allow somewhat larger signage given the size and location of the project. Approval of this deviation will have no discernable impact on surrounding properties and will not contravene the public health, safety or welfare. Staff Analysis and Recommendation Staff finds the requested size is somewhat concerning. To characterize these signs as "somewhat larger" seems to be an understatement. It does not appear that a similar deviation was approved for a Terafina PUD, and staff does not see any unique circumstances to warrant approval of such large signs. As offered below for several other deviation requests, if approved, these signs could constitute visual blight. Staff believes this deviation is not in keeping with the purpose and intent of the LDC to prevent "....unsightly and detrimental signs that detract from the aesthetic appeal of the county and lead to economic decline and blight, by preventing signs from reaching such excessive size and numbers that they obscure one another to the detriment of the county...." Staff therefore recommends denial of this deviation. Zoning and Land Development Review staff recommends DENIAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.13.51, the petitioner has not demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #5 seeks relief from LDC Section 5.06.02.B.6 which provides that on- premise signs within residential districts are allowed a maximum height of 8 feet. The requested deviation is to allow a maximum height of 10 feet for the two entrance signs and two boundary marker signs. Sign height will be measured per the LDC. Petitioner's Rationale: The applicant states in his justification for this deviation the following: PUDA- PL20100001551: PARKLANDS PUD Page 13 of 29 June 7, 2012 CCPC Revised: 5111/12 Packet Page -375- 7/24/2012 Item 9.13. The request is to allow a 10 foot high sign based on the size of the project and its location for the entrance sign and boundary markers. Approval of this deviation will not contravene the public health, safety or welfare in that the proposed signage will be consistent along Logan Boulevard North. Staff Analysis and Recommendation Staff finds the petitioner's deviation and rationale supportable for this project. The deviation has been approval in several recent PUD rezones or PUD amendments. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3 the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.133.51 the petitioner has demonstrated that the deviation is "iustified as meetinp- public purposes to a def4ree at least equivalent to literal application of such regulations." Deviation 46 seeks relief from LDC Section 5.06.02.B.5.b, Development Standards for Signs within Residential District, which allows directional signs to be combined into one sign with a maximum height of 8 feet and a maximum area of 24 square feet. The requested deviation is to allow for no limitation on the number of combined signs provided they are separated by a minimum distance of 100 feet or a road right -of -way. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The request is to allow for no limitation on the number of combined signs provided they are separated by a distance of 100 feet or a road right -of -way. The justification for this deviation is that these signs will have no impact on surrounding properties. They will be of a uniform style and character. Staff Analysis and Recommendation: Staff supports this deviation. The petitioner has not provided any documentation to support the statement that the "signs will have no impact on surrounding properties." With the proposed bubble site plan, no detail can be discerned to support this deviation. However, with the 100 foot separation limitation offered by the applicant, staff can support the deviation because it will be self limiting. Zoning and Land Development Review staff recommends APPROVAL finding that, in compliance with LDC Section 10.02.13.A.3 the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h the petitioner has demonstrated that the deviation is "iustified as meeting public purposes to a deogree at least equivalent to literal application of such regulations." PUDA- PL20100001551: PARKLANDS PUD June 7, 2012 CCPC Revised: 5/11/12 Packet Page -376- Page 14 of 29 7/24/2012 Item 9.B. Deviation #7 seeks relief from LDC Section 5.06.02.B.5.a, Development Standards for Signs within Residential District, which allows on premise directional signs be set back a minimum of 10 feet from the edge of the roadway, paved surface or back of the curb, as applicable. The requested deviation is to allow the directional sign to be located five feet from a roadway or platted easement, excluding public roadways, if it does not result in public safety concerns or obscure visibility of the motoring traffic. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The request for the deviation is to allow the flexibility to place internal signs 5 feet from the right -of -way if they result in no public safety concerns or obscure visibility from a roadway for the motoring public. If no public safety issues arise, then the internal placement of such signs should not contravene the public safety, health or welfare. Staff Analysis and Recommendation: Staff can support this deviation. Zoning and Land Development Review staff recommends APPROVAL finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public pwposes to a degree at least equivalent to literal application of such regulations." Deviation #8 seeks relief from LDC Section 5.06.02.B.1.a, Development Standards for Signs within Residential District, which allows a maximum height of 8 feet within residential zoning districts, and as applicable to designated residential portions of RPUD zoned properties, or as otherwise provided within this Code. The requested deviation is to allow the height of the entry and boundary marker signs to be 10 feet. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The request is to allow the height of entry and boundary marker signs to be 10 feet. The proposed 10 feet is similar in height standards contained in the Terafina PUD located south of the subject property. This increase in height will not contravene the public health, safety and welfare. Staff Analysis and Recommendation Staff finds the petitioner's deviation and rationale supportable for this project. The deviation has been approval in several recent PUD rezones or PUD amendments and it seeks the same allowance as in Deviation #5. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.133.51, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." PUDA- PL20100001551: PARKLANDS PUD June 7, 2012 CCPC Revised: 5111/12 Packet Page -377- Page 15 of 29 7/24/2012 Item 9.13. Deviation #9 seeks relief from LDC Section 6.06.02.A.1, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks on both sides of a local street that is adjacent to the site. The requested deviation is to allow a sidewalk five feet in width on just one side of the street for local roadways 40 feet in width (see also Exhibit C -2). Petitioner's Rationale: The applicant states in his justification for this deviation the following: This deviation is requested to allow all local streets with a 40 foot right -of -way width to have a sidewalk on one side, not just cul -de -sacs lots. The justification for this deviation is based in part on the last PUD approval for The Parklands Ordinance No. 03 -42, Section 7.06A that allowed for sidewalks to be placed on one side of single-family cul- de -sac right -of -way. (See Old Deviation No. 1). The justification for this deviation is that the Parklands includes extensive open space areas, preserve areas, and common areas designated to facilitate the movement of pedestrians throughout the master planned community. Allowing sidewalks on one side of the street will not contravene the public health, safety or welfare of community residents based on the proposed RPUD Master Plan. Staff Analysis and Recommendation: Staff can support this deviation if the deviation does not apply to the "main spine road" that connects directly to Logan Boulevard north. The petitioner has included this limitation in the PUD document, therefore staff is supporting it. Zoning and Land Development Review staff recommends APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community and LDC Section 10.02.13.B.5.h the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation No. 10 seeks relief from LDC Section 6.06.01.0 and Appendix B, (Street System Requirements), which requires 4 travel lanes and median separator with a right -of -way width as required for a major collector or arterial roadway. The requested deviation is to allow construction of Logan Boulevard North with 2 travel lanes within a 60- foot -wide or 80- foot -wide right -of -way as depicted on Exhibit C -3. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The requested deviation is to allow construction of Logan Boulevard North with 2 travel lanes within a 60-foot-wide or 80-foot-wide right -of -way. The justification for this deviation is that Collier County's Growth Management Plan Transportation Element (2025 Long Range Needs Plan) identifies Logan Boulevard North as a two -lane minor arterial. See also Exhibit C -3. Staff Analysis and Recommendation: Transportation Planning Staff has reviewed this deviation and recommends approval of this deviation to allow flexibility in the minimum PUDA- PL20100001551: PARKLANDS PUD Page 16 of 29 June 7, 2012 CCPC Revised: 5/11/12 Packet Page -378- 7/24/2012 Item 9.13. roadway design requirements so that improvements proposed in the accompanying Developers' Contribution Agreement [DCA] are not deemed inconsistent with the minimum LDC requirements and standards. Zoning and Land Development Review staff recommends APPROVAL finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #11 seeks relief from LDC Section 6.06.02.A.1, and Appendix B (Sidewalks, Bike Lane and Pathway Requirements) which requires 6- foot -wide sidewalks on both sides of an arterial or major collector roadway. The requested deviation is to require only one 10- foot -wide or 12- foot -wide multi -use path on one side of Logan Boulevard North or a combination of an 8- foot -wide multi -use path and 5- foot -wide sidewalk as depicted on Exhibit C -3. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The justification for this deviation is based upon discussion with and directives given by Collier County Transportation staff, with due consideration to right -of -way constraints; continuous pedestrian access and safety to Bonita Beach Road; local pedestrian usage in Olde Cypress, Teraftna and The Parklands; and minimization of wetland impacts from the roadway foot print in Section 9 east of The Parklands. Collier County Transportation staff has already approved construction of Logan Boulevard North from Olde Cypress to The Parklands based upon this design. Staff Analysis and Recommendation: Staff can support this deviation request. Zoning and Land Development Review staff recommends APPROVAL finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h. the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #12 seeks relief from LDC Section 5.04.06.B.l.b.i, Temporary Signs, which requires that special event signs shall be erected not more than 15 calendar days prior to the supporting event and shall be removed within 7 calendar days after the even has taken place. Special events are for sales and similar promotional events for marketing. The requested deviation is to allow such signs or banners for up to 3 months at a time for special events such as sales events, model home openings, and similar promotional events. Petitioner's Rationale: The applicant states in his justification for this deviation the following: PUDA- PL20100001551: PARKLANDS PUD June 7, 2012 CCPC Revised: 5/11/12 Packet Page -379- Page 17 of 29 7/24/2012 Item 9.13. The request is to allow the project to have temporary signs for up to 90 days with a Temporary Use Permit. The special events are for sales events, model home openings, etc. Staff Analysis and Recommendation: Staff does not believe that allowing temporary signs to remain in place for 90 days instead of 15 days is appropriate. There does not seem to be 'any unique circumstances that would require temporary signs to be in place for six times longer in this project than in any other project. If approved, these signs could constitute visual blight. Staff believes this deviation is not in keeping with the purpose and intent of the LDC to prevent "....unsightly and detrimental signs that detract from the aesthetic appeal of the county and lead to economic decline and blight...." Staff therefore recommends denial of this deviation. Zoning and Land Development Review staff recommends DENIAL finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the communitv," and LDC Section 10.02.133.51, the petitioner has not demonstrated that the deviation is `justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #13 seeks relief from LDC Section 5.04.06.A.3.d, Temporary Signs, which requires that temporary signs shall not exceed 32 square feet in area in sign area. The requested deviation is to allow temporary signs and banners to be 64 square feet in area. Petitioner's Rationale: The applicant states in his justification for this. deviation the following: The request is to allow temporary use signs that are up to 64 feet in area based on the project size and location. Staff Analysis and Recommendation: Staff does not believe that allowing temporary signs to be twice the allowable size is appropriate. There does not seem to be any unique circumstances that would require temporary signs to be this large in this project. If approved, these signs could constitute visual blight. Staff believes this deviation is not in keeping with the purpose and intent of the LDC to prevent "....unsightly and detrimental signs that detract from the aesthetic appeal of the county and lead to economic decline and blight, by preventing signs from reaching such excessive size and numbers that they obscure one another to the detriment of the county... Staff therefore recommends denial of this deviation. Zoning and Land Development Review staff recommends DENIAL finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." and LDC Section 10.02.13.13.51, the petitioner has not demonstrated that the deviation is "justified as meeting Dublic purposes to a degree at least eauivalent to literal application of such regulations." PUDA- PL20100001551: PARKLANDS PUD June 7, 2012 CCPC Revised: 5/11/12 Packet Page -380- Page 18 of 29 7/24/2012 Item 9.13. Deviation #14 seeks relief from LDC Section 4.03.08.A.4, Facilities and Service Improvement Requirements, which requires no more than 4,000 average daily trips per project access point. The requested deviation is to permit one project access point on Logan Boulevard North for the first 650 dwelling unit building permits based on a maximum trip generation rate of 566 peak hour two -way trips. If more than 650 dwelling unit building permits are issued, a second project access point in lieu of an emergency access shall be required on Logan Boulevard North. Petitioner's Rationale The applicant states in his justification for this deviation the following: The requested deviation is to permit one project access point on the Logan Boulevard North for the first 650 dwelling unit building permits. If more than 650 dwelling unit building permits are issued, a second project access point shall be required on Logan Boulevard North. (See also Exhibit F, Section 2.D). An additional access point for emergency vehicles shall be provided at a location as generally depicted on the RPUD Master Plan. In the event building permits for more than 650 dwelling units are issued and a .secondary project access is required, the secondary access will be deemed the emergency vehicle access point. Staff Analysis and Recommendation: Staff believes adequate provision have been made regarding emergency vehicle access and additional units. Therefore, this deviation is supported by staff. Zoning and Land Development Review staff recommends APPROVAL finding; that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #15 seeks relief from Collier County Code of Ordinances Section 22- 110(a)(3)b, excavation review provisions of the applicable laws and County ordinances, that require approval by the Board during the rezone and/or preliminary subdivisions plat process to remove and have off -site excavated material in an amount in excess of ten percent (and in excess of 20,000 cubic yards) of the total volume excavated. This deviation serves to satisfy the requirement that intentions to remove the material must be clearly stated during the development review and approval process. The requested deviation is to allow the off -site removal of fill in excess of ten percent and in excess of 20,000 cubic yards of excavated material for the construction of Logan Boulevard North. Use of the excavated material on -site and for the construction of Logan Boulevard North shall not require a traffic study. However, a specific use traffic study shall be required for off -site hauling to other locations that require the use of County roads other than Logan Boulevard North. Petitioner's Rationale: The applicant states in his justification for this deviation the following: PUDA- PL20100001551: PARKLANDS PUD June 7, 2012 CCPC Revised: 5/11/12 Packet Page -381- Page 19 of 29 7/24/2012 Item 9.13. The requested deviation is to allow the off-site removal of fill in excess of ten percent and 20, 000 cubic yards for the construction ofLogan Boulevard North. The maximum amount of fill to be hauled off -site for this purpose is 300, 000 cubic yards. This will allow construction of Logan Boulevard North without hauling in fill from remote sources. No traffic studies will be required for the off -site removal of fill for this purpose as long as no public roads are used for the off -site removal of fill other than Logan Boulevard North as there will be minimal impacts to the roadway system and a benefit to the public. [underlining added for emphasis] Staff Analysis and Recommendation: The cited section of the Code of Ordinance is shown below: Development excavation. Development excavations are considered to be any excavation located within the boundaries of a planned unit development, or subdivision development, having approved construction plans (to include SDPs), or an industrial or commercial project, or where the disturbed area of an excavation exceeds two acres, but no fill is removed from the subject property for whatever purpose provided that: a. The excavations were clearly defined and detailed as to location, size, shape, depth and side slopes during the development's review process and, if applicable, approved by the Board after appropriate public hearings. b. If approved by the Board during the rezone andlor preliminary subdivision plat process, excavated material in an amount up to ten percent (to a maximum of 20, 000 cubic yards) of the total volume excavated may be removed from the development. Intentions to remove material must be clearly stated during the development's review and approval process. Staff can support this deviation request because the requested use off -site use will be limited to Logan Boulevard construction only and Logan Boulevard bisects this project. It is the only non- local road that will provide access to this project, at this time the project is land - locked. This road must be built before the public will have access to the project. Since excavation trucks would not be traveling by any other development to get the excavated material to Logan Boulevard construction areas, staff sees no impact to others. Additionally, the petitioner has offered a maximum limitation of the amount of fill that would be used. Zoning and Land Development Review staff recommends APPROVAL subject to the stipulation that fill taken off -site shall only be used in the construction of Loaan Boulevard, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.133.51, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." FINDINGS OF FACT: LDC Subsection 10.03.05.I.2 states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall PUDA- PL20100001551: PARKLANDS PUD June 7, 2012 CCPC Revised: 5/11/12 Packet Page -382- Page 20 of 29 7/24/2012 Item 9.B. show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below. [Staffs responses to these criteria are provided in bold, non - italicized font]: PUD Findings: LDC Subsection 10.02.13.13.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff s responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed amendment and believes the uses and property development regulations are compatible with the development approved in the area as limited by staff. The commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and /or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion and the attached report from Comprehensive Planning staff and the zoning analysis of this staff report. Based on those staff analyses, planning zoning staff is of the opinion that this petition may be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff has provided a review of the proposed uses and believes that the project will be compatible with the surrounding area. The uses are not proposed to change as part of this amendment and the uses approved in the original PUD rezone were determined to be compatible. The petitioner is reducing the project density, thus the proposed project should have less impact upon neighbors, staff believes uses remain compatible given the PUDA- PL20100001551: PARKLANDS PUD June 7, 2012 CCPC Revised: 5/11/12 Packet Page -383- Page 21 of 29 7/24/2012 Item 9.13. proposed minor changes to development standards and project commitments. 5. The adequacy of usable open space areas in existence and as proposed to serve the. development. The amount of native preserve aside for this project meets the minimum requirement of the LDC. 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure will have adequate capacity to serve the proposed project at the time of development; road access to this parcel does not currently exist. However the petition is also a DRI and as such has commitments to ensure adequate capacity. The project's development must comply with all other applicable concurrency management regulations when development approvals are sought. Additionally, the PUD document contains additional developer commitments that should help ensure there are adequate facilities available to serve this project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has, or will have, adequate supporting infrastructure such as road capacity, wastewater disposal system, and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. Additionally this petition represents an amendment to an approved PUD that reduces the approved density thus the amended petition will have less impact upon the areas; no acreage is being added. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking reaffirmation of previously approved design substitutions and approval of numerous new deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff has provided an analysis of the deviations in the Deviation Discussion portion of this staff report, and is recommending approval, or approval with stipulations, of most of the deviations. Please refer to the portion of the staff report. Rezone Findings: LDC Subsection 10.03.05.1. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, & policies of PUDA- PL20100001551: PARKLANDS PUD June 7, 2012 CCPC Revised: 5/11/12 Packet Page -384- Page 22 of 29 7/24/2012 Item 9.13. the Future Land Use Map and the elements of the Growth Management Plan. The zoning analysis provides an in -depth review of the proposed amendment. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project "to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the CCME and the Transportation Element. Therefore, staff recommends that this petition be deemed consistent with the GMP. 2. The existing land use pattern; Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it at length in the zoning review analysis. Staff believes the proposed amendment is appropriate given the existing land use pattern, and development restrictions included in the PUD Ordinance. An excerpt from the PUD map is provided that shows the adjacent projects discussed previously. The uses proposed or developing in the Mirasol, Heritage Bay, Quail West, Terafina and Olde Cypress are similar to Parklands. LEE CCL, dTY CVAIL NEST VARA7 AYM Corti) MINA IUI .. M t ^ HEhITA.," P.AY E ca MEEK IERAMA KIUSOL iDHlj tl � W [7 DA ANCI ESTATES N s L9 ISLE C1''3ES$ _ �aklL LC�LAKE �E ,/ i �In�aL Z n � , U P _ C{.)E CYPRESS i 5 HE ITACE PAY (DRI) VLA7A OGYiE NAPLEWMID[ALEt13(i;� Excerpt from PUD Map PUDA- PL20100001551: PARKLANDS PUD June 7, 2012 CCPC Revised: 5/11/12 Packet Page -385- Page 23 of 29 7/24/2012 Item 9.13. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD amendment would not create an isolated zoning district because the subject site is already zoned PUD. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the district boundaries are logically drawn given the current property ownership boundaries and the existing PUD zoning. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed amendment is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such the amendment to allow the owner the opportunity to develop the land with uses other than what the existing zoning district would allow. Without this amendment, the property could be developed in compliance with the existing PUD ordinance regulations. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed amendment, with the commitments made by the applicant, can been deemed consistent County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes numerous restrictions and standards that are designed to address compatibility of the project. Development in compliance with the proposed PUD amendment should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because 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 via commitments in this PUD or in a separate Developer Contribution Agreement. 8. Whether the proposed change will create a drainage problem; The proposed amendment should not create drainage or surface water problems. The developer of the project will be required to adhere to a surface water management permit from the SFWMD in conjunction with any local site development plan approvals and ultimate construction on site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this amendment petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. PUDA- PL20100001551: PARKLANDS PUD Page 24 of 29 June 7, 2012 CCPC Revised: 5111/12 Packet Page -386- 7/24/2012 Item 9.13. The location of the proposed buildings, combined with the setbacks and project buffers will help insure that light and air to adjacent areas will not be reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property could be developed within the parameters of the existing zoning designation; however, the petitioner is seeking this amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed amendment meets the intent of the PUD district, if staff's conditions of approval are adopted, and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously, the subject property already has a zoning designation of PUD; the PUD rezoning was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban - designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC; PUDA- PL20100001551: PARKLANDS PUD Page 25 of 29 June 7, 2012 CCPC Revised: 5/11/12 Packet Page -387- 7/24/2012 Item 9.13. and staff does not review other sites in conjunction with a specific petition. The proposed amendment is consistent with the GMP as it is proposed to be amended as discussed in other portions of the staff report. 16 The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Additional development anticipated by the PUD document would require considerable site alteration. This project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING (NIM): A duly noticed and advertised NIM for The Parklands RPUD rezoning application was held on August 1, 2011 at St. Monica's Episcopal Church at 5:30p.m. The meeting was attended by Kevin Ratterree representing GL Homes who made the principal presentation and Robert Duane of Hole Montes, Inc. who made a brief introduction at the outset of the meeting. Also in attendance were Bruce Anderson, Esquire from Roetzel & Andress, representing GL Homes, Ted Treesh from TR Transportation, Shane Johnson from Passarella & Associates, and Kay Deselem from County staff. Kevin Ratterree gave an overview of the project and history of the regulatory changes going back to 1985 when the zoning and DRI were initially approved. He highlighted the principal changes to the applications, i.e., reduction in the number of dwelling units from 1,503 to 850, deletion of the golf course and park site, and increasing the size of the preserve area from 158 to 341 acres. He then reviewed the past and proposed Master Plan changes and reviewed an aerial photo of the subject and surrounding properties. PUDA- PL20100001551: PARKLANDS PUD June 7, 2012 CCPC Revised: 5/11/12 Packet Page -388- Page 26 of 29 7/24/2012 Item 9.13. Kevin Ratterree also went over provisions of a potential developer contribution agreement pertaining to the extension of Logan Boulevard Options 1 and 2 that would govern how the road will be constructed. Option 1 is for GL to build the southerly portion from Olde Cypress to the project entry by the time the first certificate of occupancy is issued and to commence construction of the portion from project entry to Bonita Beach Road when certificates of occupancy for 297 dwelling units are issued. Efforts would be made to complete within 1 year. Option 2 is for the County to build with a Joint Participation Agreement with (FDOT) between July 1, 2014 and June 30, 2015 for the portion from the then terminus to Bonita Beach Road, which would occur sometime after July 1, 2014. He also indicated that Saturnia Falls (also known as Riverstone) south of the Parklands which is also under GL Homes' control will proceed in development prior to the Parklands. He also reviewed the permitting history of the subject property and nearby properties ( Riverstone and Mirasol) in regard to the flow way incorporated into the three projects that has since been abandoned through the permitting process due to a settlement agreement with environmental agencies. Also discussed were the provisions pertaining to the public school site which may or may not be built. If not used as a public school site, it could revert back to the developer. There were a few questions from the attendees: 1. How long for the project to be built -out? Mr. Ratterree answered that depending upon market conditions. It could be 7± years depending upon the build out of Riverstone. 2. What type of product will be built? Mr. Ratterree indicated that it would be generally single - family units with a mix of some coach homes. 3. After the meeting closed there were also some questions pertaining to impacts on roads from several attendees. Ted Treesh advised them that the extension of Logan Boulevard could readily accommodate the project's impacts for this and other projects in the vicinity. He indicated that the County would coordinate traffic safety measures and control as needed to maintain public safety. The meeting was adjourned at approximately 5:50 p.m. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed the staff report for this petition on May 11, 2012. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDA- PL20100001551 to the BCC with a recommendation of approval subject to staff's recommended action on the deviations as shown below: Approval of Deviations, 5, 6, 7, 8, 9, 10, 11 and 14; PUDA- PL20100001551: PARKLANDS PUD Page 27 of 29 June 7, 2012 CCPC Revised: 5111/12 Packet Page -389- 7/24/2012 Item 9.13. Approval of Deviation 1 with the stipulation that no model can remain for more than ten years without securing Conditional Use, or its successor process approval; Approval of Deviation 2 with the stipulation that the developer provide the number of existing model home /units as part of the application material for every model home /unit building permit; Approval of Deviation 3 as limited in location and number in Exhibit C -1 and further limited to a maximum total sign face area of 80 feet for one sign or 40 square feet if the sign is a single two - sided entrance sign and a maximum of 16 square feet of sign area for a boundary sign; Approval of Deviation 15 with the stipulation that fill taken off -site shall only be used in the construction of Logan Boulevard; Denial of Deviations 4, 12, and 13. PUDA- PL20100001551: PARKLANDS PUD June 7, 2012 CCPC Revised: 5111/12 Packet Page -390- Page 28 of 29 PREPARED BY: D ELEM, AICP, PRINCIPAL PLANNER DEPARq MENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: RAYMO D V. BELLOWS, ZONING MANAGER DEPARTMENT OF LAND DEVELOPMENT SERVICES 1\ WILLIAM D. LORE Z, JR. I':1;., DIRECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: /- �71-71 NICK CAS�kLA I ADN III RATOR GROWTH MANA MENT DIVISION 7/24/2012 Item 9.13. DATE -. is DATE DATE S- ?'3-1L DATE Tentatively scheduled for the July 24, 2012 Board of County Commissioners Meeting PUDA- PL20100001551: PARKLANDS PUD June 7, 2012 CCPC Revised: 5/9/12 Packet Page -391- Page 28 of 28 7/24/2012 Item 9.13. �. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (238) 252 -6358 www,colliergov.net APPLICATION FOR PUBLIC HEADING FOR: ® AMENDMENT TO PUD (PUDA) ❑ PUD REZONE (PUDZ) ❑ PUD TO PUD REZONE (PUDZ -A) PUDA- PL2010 -1551 REV:4 PETITION NO PARKLANDS PROJECT NAME DATE: 12/1/11 DUE: 12130/11 DATE PROCESSED APPLICANT INFORMATION NAME OF APPLICANT(S) PARKLANDS ASSOCIATES 1, LLLP ADDRESS 1600 SAWCRASS CORPORATE PARKWAY, SUITE 400 CITY SUNRISE STATE: FL ZIP 33323 TELEPHONE # 954 -753 -1730 CELL # NIA FAX # 954- 575 -5240 E -MAIL ADDRESS: N A NAME OF AGENT ROBERT L. DUANE, AICP /HOLE MONTES, INC. ADDRESS 950 ENCORE WAY CITY NAPLES STATE FL ZIP 34110 TELEPHONE # 239 -254 -2000 CELL # NIA FAX # 239 -254 -2099 E -MAIL ADDRESS: BOBDUANEeHMENG -COM R. BRUCE ANDERSON, ESQ. /ROETZEL & ANDRESS, L. P,A. 850 PARK SHORE DRIVE, NAPLES, FL 34103 TELEPHONE: 239-649-6200 FAX: 239-261-3659 EMAIL ADDRESS: BANDERSON()-RALAW.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Rcvised May201 0 Packet Page -392- co*r county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DiVISIOW NAPLES, FLORIDA 34104 PLANNING AND REGULATION (238) 252 -2400 FAX (239) 252 -6358 wv,fwxollierg ov. n et 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 E Commissioners website at http://www.colliergov.net/[ndex.aspx?pciqe=774 (3) NAME OF HOMEOWNER ASSOCIATION: OLDS CYPRESS MASTER ASSOCIATION! N MAILING ADDRESS 3045 OLDS COVE WAY CITY NAPLES STATE FL ZIP 34119 O N NNAME OF HOMEOWNER ASSOCIATION: QUAIL WEST HOMEOWNERS OWNER ASSOCIATION MAILING ADDRESS 5450 BURNHAM ROAD CITY NAPLES STATE FL ZIP 34119 1` NAME OF HOMEOWNER ASSOCIATION- QUAIL CREEK ESTATES MAILING ADDRESS 4886 POND APPLE DRIVE CITY NAPLES STATE FL ZIP 34119 NAME OF HOMEOWNER ASSOCIATION- QUAIL CREEK PROPER. TY OWNERS ASSOCIATION MAILING ADDRESS 4386 POND APPLE DRIVE CITY NAPLES STATE FL ZIP 34119 NAME OF HOMEOWNER ASSOCIATION: {QUAIL CREEK VILLAGE HOMEOWNERS ASSOCIATION MAILING ADDRESS 11875 QUAIL VILLAGE WAY CITY NAPLES STATE FL ZIP 34119 Revised May2010 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 7/24/2012 Item 9.B. C.1 pf" County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.nef Disc[asu.re of Interest Information a. If the property is owned free simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint fanancy, list all parfies 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 stackholdem and the percentage of stock owned by each. Name and Address I % of Ownership C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Revised May20I0 Name and Address % of Ownership Packet Page -394- u a� N 0 N d' N ti CA4 County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net 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 % of Ownership GENERAL PARTNERS: Parklands Genpar Corporation, a Florida corporation 1% 100% Subsidiary of affiliate of G.L. Homes MFV -GLLP, LLC, a Delaware corporation 1% 100% Subsidiary of MFV -GLLP, LLC LIMITED PARTNERS: Parklands Limpar, LLC, a Florida limited liability company 49% 100% Subsidiary of affiliate of G.L. Homes MFV -GLLP, LLC, a Delaware limited liability company 100% Subsidiary of VO 2010, LLC (a venture between 49% affiliates of Varde Partners and Mountain Real Estate Capital) 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. Flame and Address I °/a of Ownership 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. Revised May2010 Flame and Address 7/24/2012 Item 9.13. I`l=ley County COLLIER COUNTY GOVERN110ENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net g. Date subject property acquired ® 03/2010 leased ❑ Term of lease N A 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. PROPERTY LOCATION 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 1" to 400' 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 09 / 48S / 26E Lot: N/A Block: N A Subdivision: N/A Plat Boot(N A Page #: N/A Property I.D. #: 00177600003 00177810000, 00177600100 Metes & Bounds Description: SEE ATTACHED BOUNDARY SURVEY Size of property: 5,280± ft. X 5,280± ft. = Total Sq. Ft. 28,000,000± Acres 642.239 Address%yeneral location of subiect property: PUD District (LDC 2.03.06): ®Residenfial ❑Community Facilities ❑ Commercial ❑ Industrial Revised May2010 Packet Page -396- N N O N It N ti CAMOT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.collferaov.net AD.]ACENT ZONING AND LAND USE 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 16 / 48S / 26E Lot: N A Block: N A Subdivision. N A Plat Book N A Page #F: N A Property I.D. #t: Mefes & Bounds Description: TERAFINA LEGAL DESCRIPTION: ALL OF SECTION 16 TOWNSHIP 48 SOUTH RANGE 26 EAST COLLIER COUNTY FLORIDA LESS THE WEST 80 FEET THEREOF BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 16 TOWNSHIP 48 .SOUTH FLANGE 26 EAST COLLIER COUNTY FLORIDA; THENCE RUN N.99 °56'49 "E. ALONG THE SOUTH LINE OF THE SOUTHWEST UGART_ER OF SAID SECTION 16, FOR A DISTANCE OF 80.00 FEET TO A POINT 80.00 FEET EASTERLY OF AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 16 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN: DESCRIBED, THENCE RUN N.00-09'7 9"W., PARALLEL WITH THE WEST LINE OF SAID SECTION 16 FOR A DISTANCE OF $320.47 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 16, RUN N.89 °53'06 "E, ALOI-40 THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 16 FOR A DISTANCE OF 2566.05 FEET TO THE NORTFI QUARTER CORNER OF SAID SECTION 16• THENCE CONTINUE N.89 053'06 "E. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 16, FOR A DISTANCE OF 2646.05 FEET TO THE NORTHEAST CORNER OF SAID SECTION T 6; THENCE RUN 5.00007'34"E., ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 16 FOR A DISTANCE OF 2663.03 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 16• THENCE CONTINUES 00 °07'34 "E. , ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 16 FOR A DISTANCE OF 2663.03 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 16• THENCE RUN 5.89 °56'49 "W, ALONG THE SOUTH LIFE OF THE Revised May7010 Zoning Land Use N Parklands West/ Lee County Residential S Terafina PUD Vacant E Mirasol PUD Vacant W Quail West PUD Residential 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 16 / 48S / 26E Lot: N A Block: N A Subdivision. N A Plat Book N A Page #F: N A Property I.D. #t: Mefes & Bounds Description: TERAFINA LEGAL DESCRIPTION: ALL OF SECTION 16 TOWNSHIP 48 SOUTH RANGE 26 EAST COLLIER COUNTY FLORIDA LESS THE WEST 80 FEET THEREOF BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 16 TOWNSHIP 48 .SOUTH FLANGE 26 EAST COLLIER COUNTY FLORIDA; THENCE RUN N.99 °56'49 "E. ALONG THE SOUTH LINE OF THE SOUTHWEST UGART_ER OF SAID SECTION 16, FOR A DISTANCE OF 80.00 FEET TO A POINT 80.00 FEET EASTERLY OF AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 16 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN: DESCRIBED, THENCE RUN N.00-09'7 9"W., PARALLEL WITH THE WEST LINE OF SAID SECTION 16 FOR A DISTANCE OF $320.47 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 16, RUN N.89 °53'06 "E, ALOI-40 THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 16 FOR A DISTANCE OF 2566.05 FEET TO THE NORTFI QUARTER CORNER OF SAID SECTION 16• THENCE CONTINUE N.89 053'06 "E. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 16, FOR A DISTANCE OF 2646.05 FEET TO THE NORTHEAST CORNER OF SAID SECTION T 6; THENCE RUN 5.00007'34"E., ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 16 FOR A DISTANCE OF 2663.03 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 16• THENCE CONTINUES 00 °07'34 "E. , ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 16 FOR A DISTANCE OF 2663.03 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 16• THENCE RUN 5.89 °56'49 "W, ALONG THE SOUTH LIFE OF THE Revised May7010 7/24/2012 Item 9.13. C0*r CAaanty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergoy.net SOUTHEAST QUARTEit OF SAID SECTION) 16, FOR A DISTANCE OF 2644.36 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 16• THENCE CONTINUE S.89 °5649" EN., ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 16, FOR A DISTANCE OF 2565.04 FEET TO THE POINT OF BEGINNING; CONTAINING 636.778 ACRES MORE OR LESS. •REZONE REQUEST This application is requesting a rezone from the PUD zoning disirict(s) to the RPUD zoning district(s). Present Use of the Property; Vacant Proposed Use (or range of arses) of the property: Residential Original €'U® Name- The Parklands Ordinance No.: 0342 Revised May2010 Packet Page -398- CA6T county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DiVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.collieraov.nei 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. NProvide 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 fLl3C Section 10.02.13.6) O dNN 1. The suitability of the area for the type and pattern of development proposed in relation to physical N characteristics of the land, surrounding areas, traffic and access, drainage, sewer, wafer, and other utilities. ~ SEE ATTACHED EVALUTION CRITERIA 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. SEE ATTACHED EVALUTION CRITERIA 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 Sub- district, policy or other provision.) SEE ATTACHED EVALUTION CRITERIA $. 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. SEE ATTACHED EVALUTION CRITERIA 5. The adequacy of usable open space areas in existence and as proposed to serve the development. SEE ATTACHED EVALUTION CRITERIA 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. SEE ATTACHED EVALUTION CRITERIA 7. The ability of the subject property and of surrounding areas to accommodate expansion. SEE ATTACHED EVALUTION CRITERIA 3. 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 pubiic purposes to a degree at least equivalent to literal application of such regulations. Revised May2010 co kY County my COLLIER. COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION SEE ATTACHED EVALUTION CRITERIA 7/24/2012 Item 9.13. 2800 NORTH HORSESHOE: DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net 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 Retitions on fhe subiect pro e : To your knowledge, has a public hearing been held on this property within the last year? ❑ Yes N 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. 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 necessary information to continue processing or otherwise actively pursue the rezoning for a period of six (b) months. An application deemed "closed" wilt not receive furfher processing and an 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 fo the then current code. (LDC Section 1€7.03.05.0.) Revised Ma}20I0 Packet Page -400- la 01' N O N It N ti COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION (sD -r County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.collieraov.net. STATEMENT OF UTILITY PROVISIONS FOR PUfD REZONE REQUEST APPLICANT INFORMATION NAME OF APPLICANT(S) PARKLANDS ASSOCIATES I. LLLP ADDRESS 16GO SAWGRASS CORPORATE PARKWAY, SUITE 400 CITY SUNRISE STATE FL ZIP 33323 TELEPHONE # 954 -753 -1730 CELL # NL& FAX # 954- 575 -5240 E -MAIL ADDRESS: NIA ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): NO STREET ADDRESS AT THIS TIME LEGAL DESCRIPTION Section /Township /Range 9/48S/26.E Lot: N A BI®ck: N A Subdivision: N/A Plat Book NJA Page #: N A Property I.D. #: 00177600003 0017781 0000. 001 r 7600100 Metes & Bounds [Description: SEE ATTACHED LEGAL DESCRIPTION . TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM a. CITY UTILITY SYSTEM 6. FRANCHISER UTILITY SYSTEM [] PROVIDE NAME ❑ c. PACKAGE TREATMENT PLANT ❑ (GPD capacity) ❑ d. SEPTIC SYSTEM ❑ TYPE OF WATER SERVICE TO BE PROVIDED ra. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ❑ e. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PRIVATE SYSTEM (WELL) ❑ Revised Nf2y2010 t, cofter cannty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION TOTAL POPULATION TO BE SERVED: 2,000 7/24/2012 Item 9.13. 2600 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34904 (239) 252 -240D FAX (239) 252 -6358 www.colllergov.net PEAK AND AVERAGE DAILY DEMANDS: A. WATER -PEAK 984,000 GPD AVERAGE DAILY 262.000 GPD B. SEWER -PEAK 765.000 GPD AVERAGE DAILY 213,400 GPD IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED 2013 NARRATIVE STATEMENT: 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. COLLIER COUNTY UTILITY DEDICATION STATEMENT. 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 shalt contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER FROVID €RS: 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. Revised May2010 Packet Page -402- a) N 0 N N ti COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION CAT County AFFIDAVIT 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 vA,vw.co1Iierqov.ne We /I, PARKLANDS ASSOCIATES I LLLP A FLORIDA LIMITIED LIABILITY LIMITED PARTNERSHIP being first duly sworn, depose and say that we /I 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 /I 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 small 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 ROBERT L. DUANE, AICP AND R. BRUCE ANDERSON ES Q. to act as our /my representative in any matters regarding this Petit' -� --- -------------- ----------- 5 Owner Signature of Property Owner Parklands Associates I, LLLP, a Florida Limited Liability Limited Partnership By: Parklands Gernpar Corporation, a Florida Corporation, General Partner By: Kevin Ratterree, Vice President Typed or Printed Name of Owner Typed or Printed Name of Owner The for going instrument w s ackripowiedged before me this __ - day of by is personally known to me or has produced -------------------- - - - -as identification. State of FI r' a Revised May2010 (Signature of Notary Public - State of 7/24/2012 Item 9.13. Co er C-Unty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.collierciGv.net County of Collier.. Florida) "`'•! TERRY KAPLAN- LILLIAN -- % y n9YCOMMISSION #DD7i205D (Pr or Stamp Commissioned An'i, EXPIRES September06, 2711 Name of Notary Public) (407)399 -DIS3 M.,(d.NotwyS- 1...00m Revised May2010 Packet Page -404- COVENANT OF (UNIFIED CONTROL The undersigned does hereby swear or affirm that we are the fee simple titleholders and owners of record of property )caned by Parklands Associates I, LLLP, a Florida Limited Liability Limited Partnership commonly known as The Parklands PUD/DRI: No Street Address at This Time (Street address and City, State and Zip) And legally described in Exhibit A attached hereto. The property described herein is the subject of an application for the Parklands Residential Planned Unit Development Amendment. I hereby designate ROBERT L. DUANE AICP OF HOLE MONTES INC AND R. BRUCE ANDERSON, ATTORNEY OF ROETZEL & ANDRESS, LPA, legal representatives thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to N assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These +-• representatives will remain the only entities to authorize development activity on the property until such time as a new or N amended covenant of unified control is delivered to Collier County. NThe undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: �. 1. The property will be developed and used in conformity with the approved master plan including all conditions place N on the development and all commitments agreed to by the applicant in connection with the planned unit development f` rezoning. 2. The owners identified herein is responsible for compliance with all terns, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. permits, certificates, or licenses to occupy or use any part of the planned unit development The County will not issue, and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Signature of Property Owners: Parklands Associates I, LLLP, a Florida limited liability limited partnership By: Parklands Genpar Corporation, a Florida Corporation, General Partner By: Kevin Ratterree, Vice President f Signature Print Name, Title [NOTARY BLOCK ON FOLLOWING PAGES] CADocuments and Settings\Kevin.Ratterree\Local Settinggs \Temporary Internet Files \OLK68 \Covenant of Unified Control 10- 27- 2011.DOC 7/24/2012 Item 9.13. STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this �/ day of F/ 2011 by Kevin Ratterree, as Vice President of Parklands Genpar Corporation, a Florida Corporation, the General Partner of Parklands Associates I, LLLP, a Florida limited liability limited partnership, who is personally known to me or has produced as identification. (SEAL) Notary Publ' A % ` EERRY KAPLAN L@LLAN Name typed, printed or stamped iy XIPIRES September 07, 20155 ,o;�`'` (Ea7)sg¢a153 Ftcr3enla�sr�servns.eem CADocuments and Settings'Tevin.Ratterree\Local Settings \Temporary Internet Files \OLK68 \Covenant of Unified Control 10- 27- 2011.DOC Packet Page -406- . ExIBIT "x" LEGAL DESCRIPTION All of Section 9, Township 48 South, Range 26 East, Collier County, Florida, less and except.the South 30 feet conveyed to Collier County in Official Records Book 484, Page 533, Official Records Book 548, Page 881, and Official Records Book 548, Page 883, all in the public records m of Collier County, Florida. ai E Together with the West 60 feet of the South 30 feet of Section 9, Township 48, Range 26 East, a) Collier County, Florida. N Containing 642.239 acres, more or less. 0 N d' N ti J a �i t 7/24/2012 Item 9.B. cArCo-anty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROtirTH MANAGEMENT DIVISIOW NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (238) 252 -5355 env. call i e rcl ay. rtet ' '•GY''' _ + ?r1r,.; a.c'`�: ".,-:c -1 21ft? S: F`-�} - -.`cEi �L•K:.> -' r;: r :,.,-.;.,::�-.iali!t�i:.�a� ?..� -..tc�:, `tii2�i'1�'.�.+ :.�.� fti��2- '"c".4.:f. _ _ hY...- ..:TL" r� •••- �'+•V•1�1i•]� 1�. ��Iri -S.1 ;- iY'ri�lL.l.:�. ^�"i:.�•r. iT -, iiu "r.. �.•'fi�'• 'j 'iY.,.. .[ a, <. r, .+;'_ _[ . {�. . [. ..rY,u.�ap_ :K;�i. - `+!: iP:: ��:- i`•�: =rrj ... '- .r`(- rNrz:�;gn. ..n' a�= ,::: %, °J._ {.�'.. n,�..v.. r ��:.:. _ �R _[7: 1715.x. •O �' - ..r. 'ilk.: `•i .{:cam `.'C� : ?�. - = f�`��m �•tu _ ' �i' , •UD ��:�� "� Y f•' - vl � -•� : •rro - (. 1 G i3.B ��ft t - C. '1 mil: -' .�; •. ; � � LQ y �ypj W��r THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATIOR PACKET IN THE EXACT ORDER LISTED BELOW WICOVER SHEETS ATTACHED TO EACH SECTION. NOTE.- INCOM?LETE SUMBITTALS WILL NOT BE ACCEPTED. PFOUiREMEKTS # OF COPIES REQUIRED NOT REQUII£ED i Additional let EF located in the B ryshore(Gateway Triangle Redevelo mcntArea) 1 Additional set for School Board Review (if contains residential com nonts) Copies of detalled description of why amendment is necessary f �/ Completed Appllcatlon (download from website for current form) ) oPUD Document & Conceptuai Site Pfan 24"x 36" and One 6 h/J:" x 11" copy Revised Conceptual Site Plan 24"x 36 'and One B 1,V' x 1 i" copy Original PUD document ONLY IF AMENDiNG THE PUD Revised PUD document with changes crossed thus & underlined Revised PUD document w /amended i[tle page w /ord #'s, WC 1 Q.02.13.b.2 Beds /Legat's o 3 t identifying Owner & all parties of corporaiian 2 ` Owner /Affidavit signed & notarized 2 S.Coye-mcmt of Unified Control 2' Completed Addressing checklist lno MDR Iv- mo.'s 2 Environmental Impact Statement (HS) ' or exemption justiflcotia q�R)Ul • Dtgttal /eractrarctc copy of US (copy for Planner & Environmental) Historical Surrey or walver request 4 Utility Previsions 5tatementi 4 E� A chttectural rendering of proposed structures 4 $unrey, signed & sealed CnDmye Co 1M0 OW 4 V/' Traffic Impact Statement (T1S) or waiver (with applicable fees) 7 Copy of Traffic impact Statement (T1S) on CDROM 3 Aeriaf photographs (taken within the previous 12 months min. scaled 1 "= 200')r showing PtUCCS Codes Legend and project boundary $ ' Electronic copy of all documents in Word format and plans (CDRom or Diskette) Justification/ Rationale for the Devfations (must be on o separate sheet within the appilcation material; DO NOT include it in the PUD documents Copies of Of viol Interpretations and /or Zoning Yer IQ '1\ y �° School Impact Anolysis Application 2 CQ 1t Packet Page -408- 1 W N rll O N Rt N ti m o pz N N W O ° ¢ J } w m Nm <~ !yD m N w < U 11 2m FW-w Y J N ¢dH 06 Q .¢.. 5s--a LU ¢ mm f U sW mz Q u I c m! C W W J H y3 >U"'� f" w Z z W W d J M 6 p � Z H d Q� W y m� a� Q3m V '� p ¢.z.JaJ H Vy-UH o J d° a.00 on O 33 y y S „a m°9 O1zfis� an,i'IOSV'dlW ` o L2 to F a d o W P o w n 0 °qd 7a° > - o y L� 7 ; ° r4 uU7 ° o 0 G a°fA Wa c E xv q O ° ? a H.L2iON 'QA7fl NVjJO'I . INN ° gill— a v3 d\\ 2 a Offil mmo D q3 "= onai�'m+na 7/24/2012 Item 9.B. 'it' " cavi-nty COLLIER COUNTY GOVERNMEENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULAT [ON (239) 252-2400 FAX (239) 252-6358 www.colliergov.ne E X 11 11B J D LEGAL DESCRIPTIO6'-1 (If legal description is too long, add as an attachment) All of Section 9, Township 48 South, Range 26 East, Collier County, Florida, less and except the South 30 feet conveyed to Collier County in Official Records Book 484, Page 533, Official Records Book 548, page 331, and Official Records Book. 548, Page 883, all in the public records of Collier County, Florida. To_qether with the West 60 feet of the South 30 feet of Section 9, Township 48, Range 26 East, Collier County, Florida. Containing 642.239 acres, more or less. Revised May201 0 Packet Page -410- i Am_ a� N T- 0 N d' N ti COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION er County 2900 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 Yrww.co li iergov. net EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC SEE EXHIBIT E FOR LIST OF REQUESTED DEVIATIONS FROM LDC Revised May2010 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 7/24/2012 Item 9.13. eY County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net EXHIBIT F LIST OF DEVELOPER COMITMENTS SEE EXHIBIT F FOR DEVELOPER COMMITMENTS Revised May2010 Packet Page -412- N N r O N d' N ti June 29, 2010 UNITED ,STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA NATIONAL WILDLIFE ) FEDERATION, et. al. Plaintiffs, ) } NO.07- 14114 -CIV- MARTINET V. } PAUL SOUZA, et al. } } Defendants. ) AND UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA CONSERV"ANCy OF SOUTH' EST } FLORIDA, } } Plaintiff, ) } COL. ALFRED A. PANTANO., JR, et al. ) Defendants. ) NO, 08- 00941- ClV- JES -SPC SETTLEMENT AGREEIMNC PARR ANDS AND SATURNM FALLS The Settling Parties to this Settlement Agreement include Plaintiffs, the National Wildlife Federation, the Conservan -cy,of Southwest.Florida, Collier County Audubon Society, Florida Wildlife Federation, and National Audubon Society, Inc. (collectively "Plaintiffs "), Defendant Parklands Associates I, LLLP CTarldauds Associates ") and latervenor- Defendant, G.L. Homes of Naples Associates II, Ltd. ( "G.L. Homes "), The foregoing settling parties together are referred to collectively herein as "Settling Parties ". By and through their undersigned-oounsel, . the Settling 2arti.es state as follows: WHEREAS, the Settling Parties hereto are desirous oz resolving their disputes and fu11y settling the two (2) separate cases captioned above; WHEREAS, Sohn McHugh, Secretary of the Army, is the federal official responsible. for all decisions of the United States. Corps of Eflo&eers in implementing the Corps's Page 1 of 8 PUDA- PL2010 -1551 REV:2 PARKLANDS DATE: 512111 DUE: 5131111 7/24/2012 Item 9.13. responsibilities under the Clean Water Act and the National Environmental Policy Act and Steve Sullivan is the Chief; South Permits Branch United States Army Corps of Engineers and Ti-as authority to issue permits under Section 404 of the Clean Water Act and to issue an Enviromnental Assessment under the National Environmental Policy Act; WHEREAS, Ken Salazar is the Secretary of the Interior ( "Secretary'), and is the federal official charged with listing species as endangered or threatened and supervising the consultation requirements under the Endangered Species Act and Paul Souza is Field Supervisor, U.S. Fish and Wildlife Service, South Florida Ecological Services Field Office and is the federal officials charged with overseeing Section 7 consultations for the U.S. Fish and Wildlife Service in South Florida; WHEREAS, on June 2, 2006, John Studt, Chief South Permit Branch, United States Army Corps of Engineers and Colonel Robert M. Carpenter, District Engineer, United States .Army Corps of Engineers issued Army permit No. C$SAJ- RD -SW -F SAJ- 1996 -3501 (IP- TNM to C.L. Homes (the "ALOE Satumia Falls Permit") authorizing the dredge and fill of Waters of the United States for a project known as Satumia Falls (formerly Terafina) in Collier County, Florida in accordance with Section 404 of the Clean Water Act; WHEREAS, on June 2, 2006, John Studt, Chief South Permit Branch, United States Army Corps of Engineers and Colonel Robert M. Carpenter, District Engineer, United States Army Corps of Engineers issued Departmeirt of Army Environmental Assessment and Statement of Findings for the ACOE Saturnia Falls Permit in accordance with the National Environmental Policy Act; WHEREAS, on August 28, 2007, Paul Souza, issued a Biological Opinion with an incidental Take Statement for the construction and operation of the Satumia. Falls project and its effect on the endangered Florida Panther (Puma eoncoZor coryi), and the endangered wood stork (Myeteria arericana) in accordance with Section 7 of the Endangered Species Act; WHEREAS, on September 13, 2007, the Corps modified the ACOE Satumia Falls Permit to authorize changes to the stormwater management system; WHEREAS, on April 16, 2007, Plaintiffs initiated a lawsuit (the "Satumia Falls Litigation') in the Southern District of Florida (case No. 07- 14114- GIV- MARTINEZ) against Defendants, Paul Souza.as Field Supervisor, U.S. Fish and Wildlife Service, Peter Geren, in his official capacity as Acting Secretary of the Army, Hon. DirkKempthorne in his capacity as Secretary of the U.S. Department of Interior, and John Studt and Steve Sullivan as Chiefs, South Permits Branch, United States Army Corps of Engineers, (collectively "Saturnia Federal Defendants ") alleging violations of the National Environmental Policy Act ("NEPA" ), 42 U.S.C_ § § 4321 et seq., the Clean. Water Act ( "CWA'•'), 33 U. S.C. § § 1344 et seq., the Endangered, Species Act ("ESA "), 16 U.S.C. §§ 1531 et seq. and the Administrative Procedure Act, 5 U.S.C. §§ 706 et seq. related to the ACOE Satumia Falls Permit, the Environmental Assessment, Statement of Findings for that permit and the Biological Opinion/Incidental Take Permit for Satumia. Falls; WHEREAS, on July 6, 2007, Intervenor - Defendant, G.L. Homes was granted intervention in the Saturnia Falls Litigation; Page 2 of 8 Packet Page -414- WHEREAS, on Tune 4, 2005, Col. Paul J, Grosskruger, District Engineer United States Army Corps of Engineers issued Department of Army Permit No. SAJ- 200116580 (IP hwb) to Ronto Developments Parklands, Inc., (the "ACOE Parklands Permit") authorizing the dredge and fill of Waters of the United States for aproject known as the Parklands Collier development in Collier County, Florida (hereinafter ",Parklands project ") in accordance with Section 404 of the Clean Water Act; WHEREAS, on June 3, 2008, .Col. Paul J. Grosskruger, District Engineer United States Army Corps of Engineers issued Department of Army Environmental Assessment and Statement of Findings for the ACOE Parklands Permit in accordance with the National Environmental m Policy Act; rn WHEREAS, on March 28, 2008, Paul Souza, as Field Supervisor, U.S. Fish and Wildlife Service, issued a. Biological Opinion with an incidental Take Statement for the construction and N operation of the Parklands project and its effect on the endangered Florida Panther (PuMa �— concolor corgi), the endangered wood stork (Mycterl amen na), the endangered rod-cockaded 0 woodpecker (Piciodes borealis) and the eastern indigo snake D rnarchon corgis cou en m. N d. accordance with Section 7 of the Endangered Species Act; N WHEREAS, on December 12, 2008, Plaintiff, Conservancy of Southwest Florida initiated a lawsuit (the "Parklands Litigation ") in the United States District Court for the Middle District of Florida (case No. 08- CV- 00941- CIV- JES -SPC) against Defendants Paul Souza, Ken Salazar, Pete Green, Secretary of the Army, Col. Paul J, Grossluager, District Engineer United States Army Corps of Engineers (collectively "Parklands Federal Defendants ") and Defendant RC Properties 1X, LLC, alleging violations of the National Environmental Policy Act ( "NEPN 42 U.S_C. §§ 4321 et seq., the Clean Water Act ( "CWA "), 33 U.S.C. § § 1344 et seq., the Endangered Species Act ( "ESA"), 16 U.S-C. §§ 1531 et seq. and the Administrative Procedure Act, 5 U.S.C. §§ 706 et seq. related to the ACOE Parklands Permit, the Environmental Assessment, Statement of Findings for that permit and the Biological OpinionjIncidental Take Permit for the Parklands project; WHEREAS, on April 28, 2010, the United States District Court for the Middle District of Florida issued an order in the Parklands Litigation substituting Parklands Associates as the party Defendant in place of RC Properties IX, LLC; WHEREAS, the Settling Parties have agreed to enter into this Settlement Agreement in order to fully and finally resolve all claims raised by the Plaintiffs or which could have been raised by the Plaintiffs in either the Saturnia Falls Litigation and/or Parklands Litigation; WHEREAS, the Settling parties, through their authorized representatives, and without any admission or final adjudication of the issues of fact or law with respect to Plaintiffs' claims, have reached a full and complete settlement of both cases as fully outlined herein; NOW, THEREFORE, all Settling Parties to this Settlement Agreement hereby stipulate and agree as follows; 1. The undersigned representatives of each Party certify that they are, fully authorized, by the party or parties they represent to agree to the tenns and conditions of this Settlement Agreement and do hereby agree to the terms herein The terms of this Settlement Page 3 of 9 7/24/2012 Item 9.13. Agreement inure to the benefit and obligation of all future successors and assigns, if any, of any party. The foregoing recitals are true and correct and are incorporated herein by reference. 2. The Settling Parties hereto have agreed that the Parklands project shall not be constructed as currently permitted pursuant to ACOE Parklands Permit, Parklands Associates (or subsequent successor, assign, purchaser of the Revised Parklands Project, or appropriate designee) shall seek appropriate permit modifications and comply with any other applicable permit procedures in order to obtain the necessary governmental approvals to construct a revised Parklands project in a manner substantially consistent with the attached Exhibit "A" (referred to herein as "Revised Parklands Project' D. 3. The Settling Parties herein stipulate and agree that the attached Exhibit "A' depicts the conceptual overall project layout for the Revised Parklands Project which is the basis for the mutual settlement of the litigation cases referenced herein. Specifically, Exhibit "A" designates the minimum on -site preserve acreage area in the Revised Parkiands Project. The Revised Parklands Project shall be considered substantially consistent with Exhibit "A" provided the designated preserve areas shall not be less than 337 acres plus 11 acres of preserve buffers. The Settling Parties recognize that various government approvals will be required in order to relocate the Logan Boulevard roadway as depicted on Exhibit "A ". Parklands Associates and G.L. Homes will use reasonable best efforts and due diligence to obtain the necessary approvals for the revised road location in substantial compliance with the layout shown on Exhibit 4. However, to the extent the applicable governmental ageIICies mandate some alterations to the road location based on roadway geometry requirements, the Settling Parties agree the revised road location may be altered.from that shown on Exhibit "A" as necessary to meet the government requirements. Notwithstanding the foregoing, Parklands Associates agrees that any Revised-Parklands Project shall include designated on -site preserve areas not less-than 337 plus I1 acres of preserve buffers and Parklands Associates agrees to use its reasonable best efforts to obtain the necessary governmental approvals to relocate Logan Boulevard in a configuration as close as possible to Exhibit "A ". If however, and only if, requests to relocate Logan Boulevard are denied and the governmental agencies require Logan Boulevard to remain in the current design location through the eastern preserve area, then the Settling Parties agree to the construction of Logan Boulevard in a manner substantially consistent with the attached Exhibit "C ". Specifically, Exhibit "C" depicts the requirement to install box culverts along Logan Boulevard in the preserve area. Parklands Associates shall not seek approval to construct Logan Boulevard in a manner depicted on Exhibit "C" unless other roadway relocation requests consistent with Exhibit "A" are denied. Notwithstanding the foregoing, Parklands Associates agrees that any Revised Parklands Project shall include designated on -site preserve areas not less than 337 plus if acres of preserve buffers. 5. In addition to the relocation of Logan Boulevard, the Revised Parklands Project as depicted in Exhibit "A" requires the relocation of a 20 acre school site that was previously planned for the southwest comer of the Parklands property, Parklands Associates shall use its reasonable best efforts to relocate the school site or eliminate the sch6ol site requiremcAt in,order to cont-act the Revised Parklands Project substantially in compliance with Exhibit "A' Parklands Associates has a reasonable belief and expectation that the relocation of the planned school site is achievable. if however, and only if, requests to relocate or eliminate the planned school site are denied and the school site must remain in the southwest corner of the Parklands Page 4 of 8 Packet Page -416- property, then Parklands Associates shall redesign the configuration of Logan Boulevard in order to provide a minimum of an additional 20 acres of contiguous land to the on -site eastern preserve in the Revised Parklands Project and the designated preserve areas shall not be less than 337 acres plus I I acres of preserve buffers. 6. Within ten (10) days of the fu11 execution of this Settlement Agreement, Parklands Associates shall execute a memorandum. of this Settlement Agreement in the o copies to attached in composite Exhibit `D hereto (the `Memorandum') and promptly p p the Settling Parties, The Memorandum shall be recorded by Parkdands Associates in the Public Records of Collier County, Florida, within five (5) days following the dismissal of -both the 110 Parklands Litigation and the Saturnia Falls Litigation and execution of the Termination. Within 6 twenty-five (25) days of the fall execution of this Settlement Agreement, the Settling Parties E shall execute a termination of the Memorandum in the form attached. in composite Exhibit `.`7D" hereto (the "Termination', which Termination shall be delivered to Holland & Knight, LLP cV ( "H &TM c/o Rafe Petersen, Esq. to hold in trust, which Termination shall be recorded in the Public Records of Collier County, Florida, upon: (i) issuance of a modified or new ACOE permit N for the Revised Parklands Project pursuant to paragraphs 2 - 5 above, and (ii) recordation of the j initial conservation easement described in paragraph 7 below. N_ ti 7. Within twenty -four (24) months of the full execution of this Settlement Agreement and dismissal of the cases, Parklands Associates (or any subsequent successor, assign, purchaser of the Revised Parklands Project, or appropriate desigao) shall 337 acres of Perpetual conservation easement in the format required by t•e SFWM7 on -site preserve for the Revised Parklands Project. The Settling Parties recognize that Parklands Associates may not actually have received the applicable governmental approvals new, essary for the Revised P arklands Project within the twenty -four (24) months and the conservation easement must take into account the relocation of Logan Boulevard and the relocation of the proj ected school site from the SW corner of the property. After the conservation easement is recorded, if further alterations are required to the location of Logan Boulevard andfor the school site, Parklands Associates and Plaintiffs agree to cooperate to revise the conservation easement as necessary in order to maintain an easement covering 337 onsite preserve maintain S. Parklands Associates shall reduce the number of dwelling units approved and constructed on the Revised Parklands Project to arnaxirnuin.aQ - 9. Parklands Associates (or subsequent successor, assign, purchaser of the Revised Parklands -Project, or appropriate designee) agrees to consult with and incorporate the reasonable recommendations made by Collier County Audubon Society and Audubon of Florida on the design of the wood stork and wading bird habitat enhancements in the Revised Parklands Proj ect on -site preserve areas, including the creation and restoration of early season wood stork foraging habitat comparable to that designed and approved for the Saturnia Falls onsite preserve area. Such recommendations are not reasonable if they result in financial ex pendittires by Parklands Associates that exceed the per acre expenditures required.for the design, restoration and ' maintenance of the onsite preserve areas in Saturnia Falls. 10. Attached as Exhibit `B" is a depiction of the overall Saturnia Falls project footprint indicating the on. -site preserve areas and development areas as currently permitted and Pagc 5 of 8 7/24/2012 Item 9.B. required to be subject to perpetual conservation easements pursuant to the ACOE Satunia Falls Permit. 11. The Settling? arties a..gree that the ACOE Saturnia -Falls Permit and the August 28, 2007 Biological Opinion for Saturnia Falls, included all stated terms and conditions requiring the recordation of conservation easements and the preservation and maintenance of all designated preservf, areas, are in full force pursuant to this Settlement Agreement. The Settling Parties agree that G.L. Homes does not have to seek any modifications to the governmental approvals and/or permits currently issued to Saturnia Falls (including the ACOE.Saturnia Falls Permit) and Plaintiffs agree they will not challenge or seek any modifications to the approvals and permits for Saturnia Falls. Plaintiffs reserve the right to challenge non - compliance with the ACOE Saturnia Falls Permit or Biological Opinion terms and conditions; In the event any future Saturnia Falls project alterations are ever requested by G.L. Homes, or others successors in- interest or assigns, the•Settling Parties agree that G.L. Homes shall not seek any modifications to the Satumia Falls federal entitlements that (a) will reduce in any way the pzoject's on -site or off - site preserve and restoration areas or (b) increase the footprint of the on -site development area as depicted on Exhibit `B" or (c) increase other habitat or wetland impacts. 12. Plaintiffs, their respective successors, agents and assigns agree not to appeal, challenge or otherwise hinder any federal, state or local development approvals, permits or modifications required for Saturnia Falls provided the Saturnia Falls projectis constr ucted, pteserved, restored, and maintained in accordance with paragraph 10 and 11 above, and Exhibit `B" as referenced therein. 13. Plaintiffs, their successors, agents and assigns agree not to appeal, challenge or otherwise hinder any federal, state or local development approvals, permits or modifications required for the Revised Parklands Project provided the on -site preserve areas and the Logan Boulevard location are approved and constructed, preserved, restored, and maintained in accordance with paragraph 2 - 9 above, and Exhibit "A" as referenced therein. 14. The Plaintiffs agree to provide Parklands Associates and its autharized representatives with favorable and reasonably cooperative support in any future permitting or approval processes to be undertaken for the Revised Parklands Project at all governmental levels in order to authorize the Revised Parklands Project to proceed with development in a manner substantially consistent with the footprint and preserves as set forth in Exhibit "A'. Specifically, within 10 days of a written request by Parklands Associates (or subsequent successor, assign, purchaser of the Revised Parklands Project, or appropriate designee), the Conservancy of Southwest Florida and Collier County Audubon Society agree to provide separate letters to the appropriate federal, state and local governmental agencies for the Revised Parklands Project acknowledging their support for the•project revisions including their support for the (a) additional preserve areas, (b) reduced wetland impacts, (e) relocation of Logan Boulevard, and (d) elimination of the proposed school site from the SW corner of the P arklaads property. 15. Pursuant to Enviromn- mtal Resource Permit No, 11 -02055 -P, G.L. Homes paid $1,260,798 to SFWIviD for purchase and restoration of property located within the Corkscrew Regional Ecosystem Watershed ( "CREW "), $437,206 of which was intended fox restoration work. Within 10 days of receipt by G.L. Homes of a written request from the Conservancy of Southwest Florida, Collier County Audubon Society, or Audubon of Florida, G.L. Homes agrees Pap 6of8 Packet Page -418- to send a letter to the SFWIvID seeking the use of the foregoing funds by the SFWMD for appropriate restoration work. G.L. Homes agrees to encourage the SFWMD to utilize the full amount of the $1,260,798 for appropriate restoration activities as requested by the Conservancy of Southwest Florida, Collier County Audubon Society, or Audubon of Florida. 16. The Settling Parties shall i=nediateoln inform, thlent on all Courts for each parklands Litigation and the Saturnia Falls Litigate case. Attached as composite Exhibit "E" are joint motions for dismissal to be executed by counsel for the Settling Parties simultaneously with the execution of this Settlement Agreement. Immediately upon full execution of this Settlement Agreement, Settling Parties agree to ffie respective joint motions for dismissal m cooperate to obtain th signatures e ndants and the Parklands Federal Defendants om the counsel 6j for the Satumia Falls Federal 17. Within five (5) business days of the full executiari of the joint motions for = dismissal, the respective Plaintiffs in each case shall fife said joint motions of dismissal together CV with proposed orders of dismissal in the applicable cases. The Settling Parties agree to fully N e cooperate in order to promptly obtain the respective dismissals of each case and will continu to , cooperate until said dismissals with prejudice are obtained. The undersigned representatives of N each P arty herein mutually agree to the terms of this Settlement Agreement and dismissal of each I case wish prejudice. Further, the Settling Parties agree that the joint motions and requested dismissals will indicate for the respective courts that fees and costs :have been agreed to pursuant to this SettlementAgreement. 19. ' The teams of this.Settlement Agreement shall become effective and binding upon the Settling Parties upon full execution by all the respective counsel with authority as outlined in the signature blocks below. 2o. 'Provided the projects at issue are constructed (including the preservation, restoration, and maintenance of the wetlands) as required by the applicable federal /state entitlements and substantially in accordance with the exhibits to this Settlement Agreement, Plaintiffs shall not file, or encourage others to file, any future suits or challenges adverse to the development of Saturnia balls or the Revised Parklands Project. 21, This Settlement Agreement, including the exhibit thereto, constitutes the entire agreement and understanding between the Settling Parties and supersedes all prior communications or negotiations between the Settling Parties and their representatives regarding the matters contained in this Settlement Agreement. $vi dente of prior negotiations (including but not limited to drafts of this Settlement Agreement and its related documents) may not be introduced in any proceeding to enforce the terms of this Settlement Agreement. Except as Page 7 of 8 7/24/2012 Item 9.13. explicitly set forth in this Settlement Agreement, there are no representations, warranties, promises, or inducements, whether oral, written, expressed, or implied, that in any way affect or condition the validity of this Settlement Agreement or alter its terms. This Settlement Agreement maybe amended only by a subsequent written instrument executed by the Settling Parties necessary to alter the revised terms. 22. This Settlement Agreement may be executed in counterparts, all of which when taken together shall constitute a sirigleinstrument. AGREED TO BY B L ®W AUTHORIZED COUNSEL FOR ALL SETTLING PARTIES: Date: Rafe Petersen Holland & Knight, LLP 2099 Pennsylvania Avenue NW Washington, DC 20006 (202) 955 -3000 raf .petersen(a)*daw.com Aacorney for Intervenor - Defendant G.L. Homes of Naples Associates 1I, Ltd. 4nd Defendant Parklands Associates I, LLLP ADate: C2190 l D an nonal n -Carter T ildLf e Federation 901 E Street NW, Suite 400 Washington, DC 20004 goldmancarterj@nwf Or Attorney for Plalntij s National T ildlife Federation, Collier County Audubon Society, Florida Wildlife Federation, and National Audubon Society, Inc. Date: ,__- Gary A. Davis Gary A. Davis & Associates P.O. Box 649 61 North Andrews Avenue Hot Springs, NC 28743 828 - 622 -0044 vad a vi s(@enVirO attorll.e''. com Attorney for Plaintiff Conservancy of Southwest Florida Paae 8 of o Packet Page -420- N N O N N ti explicitly set forth in this Settlement Agreement, there are no representations, warranties, promises, or inducements, whether oral, written, expressed, or implied, that in any way affect or condition the validity of this Settlement Agreement or alter its terms. This Settlement Agreement may be amended only by a subsequent written instrument executed by the Setfing Parties necessary to alter the revised terms. 22. This Settlement Agreement may be executed in counterparts, all.of which. when take.a together shall constitute instrument. a single instrum. AGREED TO BY BELOW AU MORDLED COUNSEL FOR ALL SETTLING PARTIES: Date: Rafe Petersen 1=- iouand & Knight, LLP 2099 Pennsylvania Avenue NW Washington, DC 20006 (202) 955 -3000 rafe.petersen @hldaw.com Attorneyfor Intervenor- LDefmdant G.L. Homes of Naples Associates II Ltd. And Defendant Parklands Associates 1; LLLP Date: San Goldman Carter National Wildlife Federation 901 E Street NW, Suite 400 Washington, DC 20004 4tt0 rneyf Plai:ztayfs Z Wildlife Federatior, Collier Cou77ty uduban Society, F7orida WildlifeP der oy, nd Na ional Audubon Society, Inc. Date: A400 Davis & Asso z s P. ox 649 61 North Andrews Avenue .Hot Springs, NC 28743 828- 622 -0044 gadayis@enviroattomgy.com. Attorney for Plaintiff Conservancy of Southwesf Florida Page 8 of 8 7/24/2012 Item 9.13. Case 2.07 -cv- 14114 -JEDl [Document 117 -1 Entered on FLSL> ckef 06/30/20 ,� 25 June 29, 2010 UNT'I'ED STATES DISTRICT COURT FOR THE SOUTEERN DISTRICT OF FLORIDA NATIONAL WILDLIFE FEDERATION, et al. . Plaintiffs, PAUL SOUZA, et al. Defendants. ) } } NO, 07- 14114- C1V-MARTIEZ ) UN= STATES DISTRICT COURT FOR THE NODDLE DISTRICT OF FLORIDA CONSERVANCY OF S OU'I'.Ei NEST ) FLORIDA, ) PlaintifT ) ) V. ) COL. ALFRED A. PANTANO., 3R, et al. ) DefesrdMts. ) 1 NO.08- 40941 -CIV- TES -SPC SETTLEYMNT AGREEMENT PARKLANDS AND SATURNIA PALLS The Settling parties to this Se`tlement Agreement include glaiiltiffs, theNatiox�al Wildlife Federation, the Conservancy of Southwest Florida, Collier County Audubon Society, Florida Wildlife Federation, and National Audubon Society, Inc. (collectively °Plaintiffs "}, Defendant Parklands Associates 1, LLLP ("Parklands Associates "} andlntervenor- Defendant, C,L. Flames of Naples Associates H, Ltd. ( "G.L. Homes "), The foregoing settling parties together are referred to collectively herein as "Settling Parties ". By and through their undersigned counsel, the Settling Parties state as follows: NN-BEREAS, the Settling Parties hereto are desirous of resolving their dispufes and MY settling &..e two (2) separate cases captioned above', WHEREAS, John McHugh, Secretary of the Army, is the federal official responsible for all decisions of the United States Corps of Engineers in implementing the Corps's 11zp 1.0f 9 El"HIB i "172 Packet Page -422- .w� L N N T- 0 N d' N ti Case 2;07 -cv- 14114 -JEV Document l W -1 Entered on FLSR -'ocket 06/30(2010 Page 2 0€ 25 responsibilities under the Clears Water Act and the National Environmental Policy Act and Steve Sullivan is the Chief, South Permits Branch United Stales Army Corps of Engineers and has authority to issue pern-rits under Section 404 of the Clean Water Act and to issue an Environmental Assessment under the National Environmental Policy Act; WHEREAS, Ken Salazar is the Secretary of the Interior ( "Secretary"), and is the federal official charged with listing species as endangered or threatened and supervising the consultation requirements under the Endangered Species Act and Paul Souza is Field Supervisor, U.S. Fish and Wildlife Service, South Florida Ecological Services Field Office and is the federal official charged with overseeing Section. 7 consultations for the U.S. Fish and WilMifo Service in South Florida; WHEREAS, on June 2, 2006, John Studt, Chief South Permit Branch, United States Army Corps of Engineers and Colonel Robert M, Carpenter, District Engineer, United States Army Corps of Engineers issued Army permitNo. CESAJ- RD -SW-F SAJ -1996 -3501 (IP- TNM to G.L. Homes (the "ACOE Saturaia Falls Permit") authorizing the dredge and fill of water of the United States for a project known as Satmnia Falls (formerly Tera$na) in Collier County, Florida in accordance with Section 404 oftht Clean Water Act; WHEREAS, on Aurae 2, 2006, Johns. Studt, Chief South Permit Branch, United States Army Corps afEngineers and Colonel Robert M, Carpenter, District Engineer, United States Army Corps of Engineers issued Department of Army Environmental Assessment and Statement of Findings for the ACOE Sattuvia Falls Permit in accordance with to National Environmental Policy Asti WHEREAS, an August 28, 2007, Paul Souza, issued aBiological Opinion with an Incidental Take Stat=ent for the construction and operation of the Sawroia Falls project and its affect on the endangered Florida Panther (Puma concolor co7A, and the endangered wood stork .(Myc:6r•ia americl=) in accordance with Section 7 of the Endangered Species Act; NVBEREAS, on September 13, 2007, the Corps modified the ACOE Sataruia Falls Permit to authorize changes to the stonuwater management system; WAiEREAS, on April 16;2007, Plaintiffs initiated a lawsuit the "Sabmia Falls Litigalion'D in the Southern District of Florida (case No, 07- 14114- CIV-MARTR�iB2 against Defendants, Paul Souza as Field Supervisor, U.S. Fish and Wildlife Service, Peter Germ, in his official capacity as Acting Secretary of the Army, lion. Dirk Kompthorne in his capacity as Secretary of the U.S. Department of Interior, and John Studt and Steve Sullivan as Chiefs, South permits Branch, United States Army Corps of Engineers, (colieetively "SaturniaFederal Defendants ") alleging violations of fiat National Environmental Policy Act ("NEFA "), 42 U.S.C. §§ 4321 et seq., the Clean Water Act ( "CWN'), 33 U.S.C. §§ 1344 et seq., the Endangered Species Act ( "ESA"), 16 U.S.C. §§ 1531 et seq. and the Administrative Procedure Act, 5 U.S.C. § § ?06 et seq. related to the A COE Satu'r:da Falls Permit, the Environmental Assessment, Statement of Findings for fact permit and the Biological OpinionAncidental Take Permit far Satz r da Falls; WHEREAS, on July 6, 2007, intervenor - Defendant, G.L. Homes was granted intervention in the Saturnia Falls Litigation; Page 2 of 8 Case 2:07 -cv- 14114 -JEV Document 117 -1 Entered on FLSD "ocket 06/3012 7/24/2012 Item 9.13. WHEREAS, on Jame 4, 2008, Col. Paul J. Groud=ger, District Engineer United States Army Corps of Engineers issued Department of Army permit No. SAJ- 2G0l- 6580.(1P -hwb) to Ronto Developments Parklands, Inc., (the "ACOB Parklands Permi,") authorizing the dredge and fill of Waters of the United States for aproject known as the Parklands Collier development in Collier County, Florida (hereinafter "Parklands project") in accordance with Section 404 of the Clean Water Act; WHEREAS, on June 3' '200 9, Col. Paul J. Grosskruger, District Engineer United States Army Corps of Engineers issued Department of Army Environmental Assessment and Statement of Findings for the ACOE PaxUands Permit in accordance with the National Enviromnental Policy Act; WIMUAS, on March 28, 2008, Paul Souza, as Field Supervisor, U.S. Fish and Wildlife Service, issued a Biological Opinion with an Incidental Take Statement for the construction and operation of the Parlands praj act and its effect on the endangered Florida Panther (Puma concolor co7A, the endangered wood stork (Mycterza anzaricana), the endangered red - cockaded woodpecker (Pfciodes borealis) and the eastern indigo snake (Drymarchon corals coupes') in aocord.ance with Section 7 of the Endangered Species Act; EREAS, on December 12, 2008, Plaintiff, Conservancy of Southwest Florida initiated a lawsuit (the "Parklands Litigation ") in the United States District Ceurt for the Middle District of Florida (cas(-, No. 08 -CV- 00941- CIV- JES -SPC) against Defend ml� Paul Souza, Kea Salazar, Pete Green, Secretary of the Army, Cot Paul J. Grosslauger, District L'ngneer United States Army Corps of Engineers (collectively "Parklands Federal Defendants'°} and Defendant RC Properties IX, LLC, alleging violations of the National Environmental Policy Act C NEPA'), 42 U.S.C. §§ 4321.et seq., the Clean Water Act ( "CWN ), 33 U.S.C. §§ 1344 et sr:-q,, the Endangered Species Act ( "BSA'), 16 U.S.C. §§ 1531 at seq. and the Administrative Procedure Act, S U.S.C. §§ 706 et seq, related to the ACOE Parklands Permit, theF-11vironmental Assessment, Statement of Findings for that permit and the Biological Opinion/Incidental Take Permit for the Parldands project; VjHER.EAS, on April 28, 201Q, the United States District Court for the Middle Distdrt of Florida issued an order in the Parklands Litigation substituting Parklands Associates as the party Defendant in plapo of RC Properties D , LLC; - VJ33REA,S, the Settling Parties have agreed to enter intq this Settlement Agreement in order, to fully and finally resolve all clams raised by the Plaintiffs or which could have been raised by the Plava.tiffs in wither the Satumia Falls Litigation and/or Parklands Litigation; 4dH>;REAS, the Settling Parties, through their authorized r-.presenta:dves, la d without any admission or final adjudication of the issues of fact or law with respect to Plaintiffs' claims, have reached a full and complete settl=ent of both cases as fully outlined herein; NOW, ` BEREFORE, all Settling Parties to this Settlement Agreementhereby stipulate and agree as follows: 1. The undersip ed represer'tatives of each Party certify that they are fully authorized by the party or parties they represent 10 agree to the terms and conditions of this Settlement Agreement and do hereby agree to the terms herein. The terms of this Settlement Page 3 of 8 Packet Page -424- Case 2:07 -cv- 14114 -JEN," joocument 117 -1 Entered on FLSD '- `ocket 06/30/2010 Page 4 of 25 Agreement inure to the benefit and obligation of ail future successors and assigns, if any, of any party. The foregoing recitals are true and correct and are incorporated herein by reference, 2, The Settling parties hereto have agreed that the Parklands project shall not be, constructed as currently permitted pursuant to kCOL Parklands Permit, Parklands Associates (or subsequent successor, assign, purchaser of the Revised Farklands Project, or appropriate designee) shall seek appropriate permit modifications and comply with any other applicable permit procedures in order to obtain the necessary governmental approvals to contract a revised Parklands project in a manner substantially consistent -\with the attached Exhibit "A" (referred to herein as "Revised Farklands Project'. M aj .3. The Settling Parties herein stipulate and agree that the attached Exhibit "A' depicts the conceptual overall project layout for the Revised Parklands Project which is the basis N for the mutual settlement of the litigation cases referenced herein. Specifically, Exhibit: "A" designates the minimum on -site preserve acreage area in the Revised Parklands Project. The CV Revised Parklands Project shall be considered substantially consistent with Exhibit "A" provided O the designated preserve areas sball not be less than 337 acres plus 11 acres of preserve buffers, er The Settling Parties recognize that various government approvals will be required in order to N relocate the Logan Boulevard roadway as depicted on Exhibit "A ", Parklands Associates and r G,L, Homes will use reasonable best efforts and due diligence to obtain the necessary approv als for the revised road location in substantial compliance with the layout shown on Exhibit "A ". 4. However, to the extent the applicable governmental agencies mandate some alterations to the road location based on roadway geometry requirements, the Settling Parties agree the revised road location may be attered from that shown on Exhibit "A" as necessary to meet the goverfunmt requirements. Notwithstanding the foregoing, Parklands Associates agrees that any Revised Parklands Project shall include designated on site preserve areas not less than 337 plus 11 acres of preserve buffers and Parkands Associates agrees to use its reasonable best efforts to obtain the necessary governmental approvals to relocate Logan Boulevard in a configuration as close as possible to Exhibit "A ". if however, and only if, requests to relocate Logan Boulevard are denied and the governmental agencies require Logan Boulevard to remain in the current design location through the eastern preserve area, then the Settling Parties agree to the construction of Logan Boulevard in amanner substantially consistent with the attached Exhibit "C ", Specifically, Exhibit "C" depicts the requirement to install box culverts along Logan Boulevard in the preserve area. Parklands Associates shall not seek approval to construct Logan Boulevard in a manner depicted on Exhibit "C" unless other roadway relocation requests consistent with Exhibit "A' are denied, Notwithstanding the foregoing, Parklands Associates agrees that ally Revised Parklands Project shall izzclude designated on -site preserve areas not Iess than 337 plus 1l acres of preserve buffers, 5. In addition to the relocation of Logan Boulevard, the Revised. Parklands Project as depicted in Exhibit "A°' requires the relocation of a 20 acre school site that was previously planned for the southwest corner of the P arklands property. Parklands Associates shall use its reasonable best efforts to relocate the school site or eliminate the school site requirement in order to construct the Revised Parklands Project substantially in compliance with Exhibit "A". Parklands Associates has a reasonable belief and expectation that the relocation of the plaiMed school site is achievable. If however, and only if, requests to relocate ar eliminate the planned school site are denied and the school site must remain- in the southwest corner of the Parklands Page 4 ff a 7/24/2012 Item 9.13. Case 2:07 -cv- 14114-JEM 7ocument 117 -1 Entered on FLED "7cket 06130120 ��- 25 property, then Parklands Associates shall redesign the configuration of Logan Boulevard in order to provide a minimum of an additional 20 acres of contiguous land to the ou -site east= preserve in the Revised Parklands Project and the designated preserve areas shall not be less than 337 acres plus 11 acres of preserve buffers. 6. Within ten (10) days of the full execution of this Settlement Agreement, Parklands Associates shall execute a memorandum of this Settlement Agreement in the form attached in compositdExhibit' D" hereto (the "Memorandum's and promptly provide copiesto the Settling Parties. The Melt orand- m shall be recorded by Parklands Associates in the Public Records of Collier County, Florida, within five (5) days following the dismissal of both the Parldands Litigation and the SaturniaFalls Litigation and execution of the Termination. Within twenty -five (25) days of the foil execution of this Settlement Agreement, the SettlingParii.es shall execute a terniination of the Memar'andum in the farm attached in compositeExhibit'u' hereto (the "Termination', which Termination shall be delivered to Holland & Knight, LI P c/o Rafe Petersen, Esq. to hold in trust, which Termination shall be, recorded.in the Public Records of Collier County, Florida, upon: (i) issuance of a modified or new ACDE permit for the Revised Parklands Project pursuant to paragraphs 2 - 5 alcove, and (ii) recordation of the initial conservation easement described in paragraph, 7 below. 7, Within twenty four (24) months of the full execution of Oafs Settlement Aq eemeut and dismissal of the cases, Parklands Associates (or any subsequent successor, assign, purchaser of the Revised Parklands Project, or appropriate designee) shall record a perpetual conservation easement in tbo format required by the SFWMD covering 337 acres of on. -site preserve for the Revised Parklands Project. The Settling Parties rmQgnize that Parklands Associates may not actually have received the applicable governmental appTDvalz necessary for the Revised. Parklands Project within the twenty-four (24) months and the conservation easement must take into account the relocation of Logan Boulevard and the relocation of the projected school site from the SW corner of the property. After the conservation easement is recorded, if further alterations are required to the location of Logan Boulevard and/or the school site, Parklands Associates and PIaintig,-, agree to cooperate to revise the conserva' on easement as necessary in order to maintain an easement covering 337 onsite preserve acres. 8, Parklands Associates sball reduce the number of dwelling units approved and constructed on the Revised Parklands Project to a maximum of 850 dwelling units. 9. Parklands Associates (or subsequent successor, assign, purchaser of the Revised Parklands Project, or appropriate designs) agrees to consult with and 'incorporate the reasonable recommendations made by Collier County Audubon Society and Audubon of Florida on the design of the wood stork and wading bird habitat enhancements in the Revised Parklands Project on -site preserve areas, including the creation and restoration of early season wood stork foraging habitat comparable to that designed and approved for the SatumiaFalls onsite preserve area. Suchrecornrnendations are not re asonable if they result in financial expenditures by Parklands Associates that axcead the per acre expenditures required for the design, restoration and maintenance of the onsite preserve areas in Satumia Falls. 10. Attached as Exhibit ` Y is a depiction of the overall Saturnia Falls project footprint indicating the on -site preserve areas and davelopment areas as currently peFrnitted and Page 5of9 Packet Page -426- a N N r O N d' N ti Case 2:07 -cv- 14114 -JEM' `0ocurnent 117 -1 Entered on FLSD- �° -Qcket o6130I2010 Page 5 of required to be subject to perpetual conservation easements pursuant to the ACRE Satan -ia Falls Pem�.it. 11. The Settling Parties agree that the ACOE Saiurnia, Falls Permit and the August 28, 2007 Biological Opinion for Satumia. Falls, included all stated terms and conditions requiring the recordation of conservation easements and the preservation and maintenance of all designated preserve areas, are in full force pursuant to this Settlement Agreement. The Settling Parties agree that G.L. Homes does not have to seek any modifications to the governmental approvals andlor permits currently issued to Saturnia Falls (including the ACOE Saturaia Falls Permit) and plaintiffs agree they will not challenge or seek any modifications to the approvals and permits for Satunria Falls. Plaintiffs reserve the right to challenge non- oomplianeeviih the ALOE Saturnia Fails Permit or Biological Opinion terms and conditions. In the event any future Saturnia Falls project alterations are ever requested by G.L, Homes, or others successors in interest or assips, the Settling Parties agree that G.L. Homes shall not seek any modifications to the Saturni:a Falls federal entitlements that (a) will reduce in any way the project's on-site or off site preserve and restoration areas or (b) increase the footprint of the on site development area as depicted on Exhibit `B" or (c) increase other habitat or wetland impacts, 12. Plaintiffs, their respective successors, agents and assigns agree not to appeal, challenge or otherwise hinder any federal, state or local development approvals, permits or modifications required for Satmmia Falls provided the Satumia Falls project is constructed, preserved, restored, and maintained in accordance with para- aph 10 and 11 above, and Exhibit "B" as referenced therein. 13. Plaintiffs, their successors, agents and assigns agree not to appeal, challenge or otherwise hinder any federal, state or local development approvals, permits or modifications required for the, Revised Parklands Project provided the on -site preserve areas and the Logan Boulevard location are approved and constructed, preserved, restored, and maintain ed in accordance with paragraph 2 - 9 above, and Exhibit "A" as referenced therein. 14. The Plaintiffs agree to provide, Parklands Associates and its authorized representatives with favorable and reasonably cooperative support in any future permitting or approval processes to be undertaken for the Revised Parklands Project at all governmental levels in order to authorize the Revised Parklands Project to proceed with development in a mannor substantially consistent with the footprint and preserves as set forth in Exhibit "A'. Specii'ieally, within 10 days of a writtenrequest by Parklands Associates (or subsequent successor, assign, purchaser of the Revised Parklands Project, or appropriate designee), the Conservancy of Southwest Florida and Collier County Audubon Society agree to provide separate letters to the appropriate federal, state and local governmental agencies for the Devised Parklands Project ackaowledgh1g their support for the project revisions inoluding their support for the (a) additional preserve areas, (b) reduced wetland impacts, (c) relocation of Logan Boulevard, and (d) elimination of the proposed school site from the SW comer of the parklands-property. 15. Pursuant to EnvironmeI .tal Resource Permit No. I I- 02035-P, G.L.. Homes paid $1,260,798 to SFWMD for purchase and restoration of property located within the Corkscrew Regional Ecosystem Watershed ( "CREW "), $437,296 of which was intended for restoration work. Within 10 days of receipt by G,L. Flornes of a written request from the Consery -ncy of Southwest Florida, Collier County Audubon Society, or Audubon of Florida, 01, Homes agrees Page6vf8 - 7/24/2012 Item 9.13. Case 2;07- r-v- 14114-JEN )ocument 117 -1 Entered on FLSD ^ocket 0613O/2C . v - 25 1 to send a Ietter to the SFWIvID seeking the use of the foregoing funds by the SFWi•AD for appropriate restoration work. G.L, Homes agrees to encoure ge the SFW1vID TO utilize the full amount of the $1,260,798 for appropriate restoration activities as requested by the Conservancy i of S outhwest Florida, Collier County Audubon Society, or Audubon of Florida.. 16. The Settling Parties shall immediately inTorm the respective Courts for the Parklands Litigation and the S aturnia Falls Litigation of the settlement on all counts far each case. Attached as composite Exhibit `E" are joint rnoticns for dismissal to be exeGUted by counsel for the Settling Parties simultaneously with the execution of this Settlement Agreement. execution of this Settlement A Tmdiately upon full greement, Settling Parties agree to me cooperate to obtain the signatures on the respective joint motions for dismissal from the counsel for the S atum.ia Falls Federal Defendants and the Parklands Federal Defendarits. 17. - Within five (5) busbaess days of the full execution of the joint motions for dismisses the respective Plaintiffs in each case shall file said joint motions of dismissal together With proposed orders of dismissal in tine applicable oases. The Settling Parties agree to fully cooperate in ordex to promptly obtain the respective dismissals of each case and will continue to cooperate until said dismissals Nvith prejudice are obtained. The undersigned representatives of h Faa ty herein mutually agree to the terms of this Settlement Agreement and dismissal of each eac case with prejudice- Further, the Settling Parties a�ee that the joint motions and xequested dismissals will indicate for the respective counts that fees and costs have been agreed to pursuant to this Settlement Agreement. 19 pie terms of this Settlement Agreement shall become ezfcdive and binding upon tlae Settling Parties upo'LUll execution by all the respective counsel with authority as outlined in n the signature blocks below. 20. Provided the projects at issue are constructed (including the preservation, restoration, =d maintenance of the wetlands) as required by the applicable federalfstate entitlements and substantially in accordance with the axbibits to this Settlement Agreement? Plaintiffs shall of Me, encourage Rev s d pa any fataxC Projects or challenges adverse to the development of 21. This Settlement Agreement, including the exhibit thereto, constitutes the entire aop-reernent and un6crstanding betweenthe Settling Parties and supersedes all prior communications or negotiations between the Settling Farties and their represen tafive mcludanag the matters contained in thus Settlement Agreement. Evidence of prior negoti bons ( o but not limited to drafts of this Settlement Agreement aild its related documents) may not be introduced in any proceeding to enforce the t°r rr3- of this Settlement Agreement. Except as Fade i of 8 Packet Page -428- Case 2:07 -cv- 14114 -JEfy° • 'Document 117 -1 Entered on FLSD ^ocket 06!6012010 Page 8 of 26 exglicitiy set forth in this Settlement Agreement, there are no representations, warranties, promises, or inducements, whether oral, written, expressed, or implied, that in any way affect or condition the validity of this Settlement Agreement or alter its terms. Tbis Settlement Agreement may be amended only by a subsequent written instrument axecutedby the Settling I Parties necessary to alter the revised terms. t 22. This Settlement Agreement maybe executed in counterparts, all of which when i taken together shall constitute a single instrument. AGREED TO BY 13ELOW AUTHORIZED COUNSEL FOR A-LL SETTLING m PARTIES - ai Date: N Raf tern en O Ho & Knight, LLP N 2099 Pennsylvania Avert e, NW Washington, DC 20006 N (202) 965 -3000 ti rafe.p etersen(t�bklaw. corn Attorney for- Intervenor-Defendant G.L. Homes ofyaplesAssociates If, Ltd. AndDef ndant Parklands Associates I, LLLP Date: Jan Goldman -Carter National Wildlife Federation 901 R Street NW, Suite 400 Washington, DC 20004 oIdraanc art erj( nnwf.or Attorney for Plaintiffs National �Idlife Federation, Collier Caunty:iudubon Society, Z{Zorida Wildlife Federation, and National Audubon Society, fnc, Date: Gary A. Davis Gary A. Davis & Associates P.Q. Box 649 61 North Andrews Avenue Hot Sprin ,s,.NC 28743 829-622-0044 gadavis@enviro attorney. c om ,•attorney fo-r Plaint ff Conservanq of Southwest Florida Page 8 of 9 Case 2:07 -cv- 14114 -. r-M-' Document 117 -1 7/24/2012 Item 9.13. Entered on FOSD.r�Ocket 06/30/2G,- 25 1 explicitly set forth in this Settlement Agreement, there are no representations, wManti ffect or promises, or inducements, whether oral, written, expressed, or implied, w y a candition the validity of this Settlement Agreement or alter its terms. This Settlement Agreement may be amended only by a subsequent written instrument Mecutedby the Sett"ag Parties necessary to alter the-revised terms. 22. n $ Settlement Agreement maybe executed in counterparts, all of which when taken together shall constitute a simgle instrument. AGED TO BYBELOW A.T7' HORTZED COUNSD�,i., FOR ALL SETTLING PARTIES: Date: Rafe pe�ersen Holland & Knight, LLP 2099 Pennsylvania AvenueNVJ Washington., DC 20006 (202) 9553000 rafe,p eters en.@hklaw. W rn Attorney for Intervenor- 17efendant G.L. Ho�rtes ofNtles �ssociRtes l£, Ltd. And defendant parklands Associates I, LUp A- Date: (e f an oldman- Carter oval YVildlife Federation 901 E Street NW, Suite 400 Washington, DC 20004 goldman=-tuii(cj�)nVtf or Attorney for Plaintiffs National �Idlife Federation, Collier Cou�iiy.ifdubo Society, l�lotida p,ildlife Federation, and National Audubon Society, Inc. Date: Gaxy A. Davis Gary A. Davis & Associates P.U. Box 6,119 01 North Andrews Avenue T ,lot Springs, NC 29743 028- 622 -0044 LadaviSnt7 eU imattcruey.com Attoiwey for Plaintiff Conservancy opouthwest.Floinda Page 8 0f8 Packet Page -430- r i IT t N O N N ti Case 2:07 -cv- 14114 -JEM, ' - ?ocurnent 117 -1 Entered on FLSD,` —Becket 06130/2010 Pagel" of 25 explicitly set forth in this Settlement Agreement, there are r�o representations, warranties, promises, or inducements, whether mal, written, expxessed, or implied, that in any way affect or condition the validity of t1 is Settlement Agreement or alter its team s. This Settlement Agreement may be amended o:aly by a subsequent written instrument executed by the S At ding parties necessary to alter the revised terms. 22. This Settlement Agreement may be executed in counterparts, all-of which when taken together shall constitute a single instrument. AGREED TO BY B19LOW AUTHORIZED COUP - SEL FOR ALL SETTLINTC PART M: Date; Rafe Petersen Holland & Y.night� LLP 2099 Pennsylvania. Avenue IOW Washington, DC 20006 (202) 955 -3000 rafe.petersan(R aw.com Attorneyforintervenar- Defendant G.L,.Homes of Naples �t- ssociaies Tf Lid, �4ndDefendant Parklands Associates I, LLLP .Date: !an Goldman. -Carter National Wildlife Federation 901 E Street NW, Suite 400 Washl agtoD, DC 20004 oldm.anc e '(a}nwfor Florida- Attorney Plaintiffs at WiZdlife Federation, Collier CountyAvduiFon Society, Florida - Wadlife -,der , nd Ar*onaZ Audubon Society, Inc. Date: A `off Davis & Asso > yes P. ox 649 61 North Andrews Avenue Hot Springs, NC 28743 328 -622 -0044 gadavis@,enyiroPAOQey.ram Ataorney for pl,7iritiff Conservancy of Eauthwest Florida Page � 0-f3 7/24/2012 Item 9.13. Case 2:07 -cv- 14114 -JEM ')ocument 117 -1 Entered on FLSD - -�cket 06/30i2G iu rdy� < < uj EMED PARKLANDS PnOJE T EXHIBIT "A" Packet Page -432- i i Q) N O N d' N ti Case 2:07 -cv- 14114 -JEM ')ocument 117 -1 Entered on FLSQ — ,)cket 46130 /2414 Page 12 of 25 SATURNIA FALLS MENT EXHIBIT `1W 7/24/2012 Item 9.13. FESD7—)cRet06/3012010 Page Of Case -cv-1 14 - t tered —orF 25 ell ai ision Map I ParklandslTerfrnael U Packet Page -434- Case 2:07 -cv- 14114 -JEM 7ocument 117 -1 Entered on FLSD — ckst 06/30/2010 Page 14 of 25 FORM OF MEMORANDUM Prepared by and Return to: Parklands Associates 1, LLLP 1600 Sawgrass Corporate Parkway, Suite 400 Sunrise, Florida 33323 Eli (Space Reserved for Clerk of Court) T MEMORANDUM Or SMI —EMENT AGREEMENT O N d- THIS MEMORANDUM OF SETTLEMENT AGREEMENT (the "Memorandum ") Is made N and entered into this day of 2010 by PARKLANDS ASSOCIATES 1, ti LLLP, a Florida limited liability limited partnership ( "Owner "). RECITALS: A, Owner is the owner of that certain real property located in Collier County, Florida, more particularly described as follows: (collectively, the "Property ") ALL OF SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE SOUTH 30 FEET CONVEYED TO COLLIER COUNTY IN OFFICIAL RECORDS BOOK 484, PAGE 533, OFFICIAL RECORDS BOOK 548, PAGE 881, AND OFFICIAL RECORDS BOOK 548, PAGE 863, ALL -IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TOGETHER WITH: THE WEST 60 FEET OF THE SOUTH 30 FEET OF SECTION 9, TOWNSHIP 4B SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. H. Owner has entered into a certain Settlement Agreement dated as of June 2010, with National Wildlife Federation, Collier County Audubon Society, Florida Wildlife Federation, National Audubon Society, Inc., and Conservancy of Southwest Florida (the " Settlem8nt Agreement ") pursuant to which Owner agreed to, inter alfa, seek certain permit modifications for the project to be constructed by Owner on the Property and to record a conservation easement as contemplated by the Settlement Agreement. The Settlement Agreement was filed in the U.S. District Court for the Southern District of Florida. in Case No. NO. 07 -14114 and in the U.S. District Court for the Middle District of Florida in Case No. 08- 00941. C. A copy of the Settlement Agreement Is held at the office of Owner at 1600 Sawgrass Corporate Parkway, Suite 400, Sunrise, Florida 33323. COMPOSITE EXHIBIT -D" _ 7/24/2012 Item 9.B. Case 2:07 -cv- 14114 -JEM document 117 -1 n'Lered on FLSD T -�cket 06/30/2+_ . NOW, THEREFORE, this Memorandum is made for the purpose of recording the same amongst the Public Records of Collier County, Florida, and placing all persons on notice of the existence of the Settlement Agreement, This Memorandum shall run with title to the Property. IN WITNESS WHEREOF, Owner has executed this Memorandum as of the day and year first above written. OWNER: PARKLANDS ASSOCIATES 1, LLLP, a Florida limited liability limited partnership By: Rarklands Genpar Corporation, a Florida corporation, a general partner By: Alan Fant, Vice President STA T E OF FLORIDA ) COUNTY OF BROWARD ) ss: The foregoing instrument was acknowledged before me this day of , 2010, by Alan Fant, as Vice President of Parklands Genpar Corporation, a Florida corporation, a general partner of PARKLANDS ASSOCIATES I, LLLP, a Florida limited liability limited partnership, on behalf of such corporation and limited liability limited partnership. He is personally known to me. jNOTARIAL SEAL] Notary Public, State of Florida 2 Packet Page -436- General Partners: Limited Partners: 1-02 N N r O N N ti PARKLANDS ASSOCIATES I, LLLP 1% Parklands Genpar Corporation, a Florida corporation • 100% Subsidiary of affiliate of GI Homes 1% MFV -GLGP, LLC, a Delaware corporation • 100% Subsidiary of MFV -GLLP, LLC 49% Parklands Limpar, LLC, a Florida limited liability company • 100% Subsidiary of affiliate of G.L Homes 49% MFV -GLLP, LLC, a Delaware limited liability company • 100% Subsidiary of VO 2010, LLC (a venture between affiliates of Varde Partners and Mountain Real Estate Capital) P U DA -P L2010 -1551 PARKLANDS DATE: 512111 DUE: 5131111 REV:2 �Uivisicn 7/24/2012 Item 9.13. 6 � Note: pleaso Print this doge and we it ns a cover Sheet.'i'ype the Fax audit number (sbown below) on the top and bottom of All pages of the d0Ct1n,C11t. (((FII,0000046623 3))) IIIIIIIIIIIIiIIIIMIIIIIIillllllihlillll IIIIIIIIHIIIII Illllillllllilllllllllllilihillilllll H1 ODOOD486233ABCY Note: DO NOT liit the REr1 R'F;.Si-i(RGLOAD button on your browser from this page. Doing so will generate another paver sheet. To; Division of C:orporationa Fax Number : (854)617-6363 From: Accounc Name : GREEN &ERG, TRAURIG, HOFFMAN, ET Al, Account Number 07607 7001461 Phone , (305)789 -5357 rax Number (305)961 -5357 * *Zrtzer th❑ email address for Chia buainae!i entity ro bra used For iur_ure annual report r�m-aiillng^st. Enter only one email address please,."'" Parkland Associates, LLLP CertiCcale of Status L Certi Cs od Copy 1 Page Count L'stimaled Cht�rgt S1,052.550 F'lectronic Filing Menu Corporate Filing Menu MAR T151 ?010 itttps:Ile Glc.sunbi�.ttt•g /scripts /e� lcovr.exe Packet Page -438- 2 5� (.n m CD C'j M r'� or "= e. n ice`\ 3 /3 /2U1 f) i� N 04 T- C) N d' N ti 03/08/2010 10:32 GREENBERG TRRURIG 3 24805045800918502456030 NO.546 904 HIGO00048623 3 ZIP 1 s' ,� r CERTIFICATE OF Lif> MrPDL,IAB1'g.,,ITY LIMITED pARTNERSF T IIIARNLANDS ASSOCIATES 1, LLLP �� 9 < Th d d desirin to form a limited liability limited partnership pursuant to ilia laws of the e un V1 5, , g State of Florida, does hereby execute and fide with the Florida Department of State this Certificate of Limited L ibility Limited Nrtnership, as follows: { 1, The name of the limited liability limited partnnership ( "Partnership ") is: PARKLANDS ASSOCTATES 1, LLLP. 2. The address of the office in Florida at which will be kept the records of the Partnership required to be maintained by Section 620.1114 of the Florida Revised Uniform Limited Patnership Act of 2005, as amended (the "Act ") is 1600 Sawgrass Corporate Parkway, Suito 404, Sunrise, Florida 33323. "a. The name and address of the agent for service of procoss required to be maintained by Section 620.1114 of the Act is Steven M. Helfman, Esq., 1606 Sawgra,ss Corporate Parkway, Suite 400, Sunrise, Florida 33323. 4. The nrarnes of the general partners of the partnership are Parklands Gcnpar Corporation and MF Wesipark, LLC, and the business address of the general partner is 9600 Sawgrass Corporate parkway, Suite 400, Sunrise, Florida 33323. 5. The mailing address for the Partnership is" .1600 Sawgrass Corporate Parkway, Suite 400, Sunrise, Florida 33323. r 6. The Partnership elects to be a limited liability limited. partnership. 'II IN WITNESS WHETMOF, the undersigned, being the general partners of the Partnership, have 1 duly executed this Certificate of Limited Liability Limited Partnership, this 2 "d day of March, 2010. . GENERAL PARTN : GENERAL PAi;;.''il•TR%-- PARKLANDS GE14PAR CORPDRATION, a MF WESTPARK, LLC, a Delaware limited Florida corporation r liability company By: MF portfolio lnvestmeni, LLC, a North j Carolina limited liability company, its Py: Member Richard M. Norwnik, Vice President 13y: Mountain Funding, L,L.C., a North Carolina limited liability company, its ieTembei• By: Nam &�T �M Title, 9zn, okt-6 tw H10000048523 3 03/06/2010 10:32 GREENBERG TRAU4 7/24/2012 Item 9.B. IG i 24805 *045800916502456030 v012 H14000048623 3 o AcCF,pTANCi or APPOINTMENT AS REGIST.M D AGENT THE UNDERSIGNED, named as the agent for se'ti'ce of process in parngraph 3 of the Certificate of Limited Liability Lnnited %]-iMcrship of Parklands Associates 1, UL P, bemby accepts the appointmcnl as such registered agent, and acknowledges chat it is Familiar with and accepts the obligations impoged upon registered agents under the Floridg Revised Uniform Limited partnership Art of 2005, as amended. `" ST LIVEN I+VELFMAN, ESQ. BLOOD0049623 3 Packet Page -440- 14, . 01, N N r O N d' N ti www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List No Events No Name History Detail by Entity Nabs Florida Limited Partnership PARKLANDS ASSOCIATES I, LLLP Piling Information Document Number A10000000142 FEI /EIN Number NONE Date Filed 03104/2010 State FL Status ACTIVE Principal Address 1600 SAWGRASS CORPORATE PARKWAY STE 400 SUNRISE FL 33323 Mailing Address 1600 SAWGRASS CORPORATE PARKWAY STE 400 SUNRISE FL 33323 Registered Agent Name & Address HELFMAN, STEVEN M 1600 SAWGRASS CORPORATE PARKWAY STE 400 SUNRISE FL 33323 US General Partner Detail Name & Address Document Number Pi 0000019043 PARKLANDS GENPAR CORPORATION 1600 SAWGRASS CORPORATE PARKWAY SUNRISE FL 33323 Document Number M10000000998 M WESTPARK, LLC. 1600 SAWGRASS CORPORATE PARKWAY SUNRISE FL 33323 Annual Deports No Annual Reports Filed Document Images 03/04/2010 -- Domestic LP Document Searches Page 1 of 2 Forms Help (Entity Name Search ; Submit http: / /www. sunbiz.orc,/scripts /cordet.exe? action= DETFIL &inq_doc _number =A 100000001... 2/23/2011 Nvww.sunbiz.org - Department of State View image in PDF format Note: This is not official record.. See documents if question or conflict. Previous on List Next on List Return To List No Events . No Name History Ho . me I Contact as I Document Searches I E-Filing Servlc -5 1 Forms I Help CoT)ynqhtk'cD and Privacy Policies State of Florida, Department of State 7/24/2012 Item 9.B. Entity Name Search $, U-6nn li http://vvw.sunbiz.orD /scripts/cordet.exe'. Packet Page -442- inq doc — number—A100000001 ... 2/2' /2011 • °g ` � �S�6s3o�5�5s i��`iF6sFe 6 @� � OMB. - � J psi 66f 6�dA6 6z RR 4 0 0 !_ h Nr AT g 6 t!e p ; C C ig / ^j{'e 4 WuL�N22T R..VE 4 � POJR!y-1 ii � [ !e iy yNL Y£SL PX:SE 0. aNT T1WFE S ) W/Jl Y6i PHxs W. UNt IIPEE' p' 6 t r .. N.mz ts^rx • zsso ss -f-.. _ -: i N'°° � P:S� i i •23':.'Y/ 2660. 3' 1 \` °" i R� • � CI Il' a5 I � .9. °2 g raF . yrx aGCa' % . 1 �y'. o m j D' Pp. e�E� . Gil ! :� .z >5 � F ' fP °. �.._... `_ {�_.jT-$I -- . - - - - - N !y9 a� \ }j( �(7 {{jj ) T }}— Is- #''��'7} i /"T " "P—{ -- Ala`T)h l'T'.'iCTaTi fi T'1 1—f• T'T T> 1- 'Ti'la Tf jT c . 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Y �'R Ea aRe a g i i °.. ci EiE Prepared by: Patrick G. White, Asst. Collier Cty. Att'y. 2800 N. Horseshoe Dr., Maples FL34104 7/24/2012 Item 9.B. n 3436811 OR: ava ; mo -n- RBCORDED in OFFICIAL RECORDS of COLLIER COUIt"cY, PL 01109/2004 at 08:11AI DWIGHT E. BROCI, CLERK RIC FEE 10.00 DOC -.70 .TO QUITCLAIM DEED Ratn: CHARLES J BASIAAIT P 0 BOX 280 FORT MRS PL 33902 0280 i1Rl °°``�� THIS QUITCLAIM DEED executed this Ahe day of �J( , 2 , by COLLIER COUNTY, a political subdivision State of Florida whose ost -office DOLL C N p p address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred as "Grantor"), to PARKLANDS DEVELOPMENT, L.P., its successors and assigns, whose post- office address is 3185 Horseshoe Drive South, First Floor, Naples, Florida 34104 (hereinafter referred as "Grantee "): (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, successors and assigns.) WITNESSETH: That the Grantor Dollars ($10.00) in hand paid acknowledged, does hereby Js'lforever, all the right, title, int d`�aim to the following described I- t, pie, er-I County, Florida, to wit: %' The West 60 feetlof South, Range 26 qs f__ __r and in consideration of the sum of Ten iera tee, the receipt whereof is hereby a`lease; c'tclaim unto the said Grantee and demand hii i the said Grantor has in and aarcel of land situate, lying and being in Collier n 9, Township 48 Subject to ea4,—ri,'ents, restrictions, Aq,,d r6sq'p�ions of record. TO HAVE AND TO H 13r�f same tog ef ', i K all appurtenances thereunto belonging or in anywise apperta' fie, right, title, interest, lien, equity and claim whatsoever of the said G�r�r -t IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. ATTEST: ,,r«�� +�r<<<ri� BOARD OF COUNTY COMMISSIONERS DWIGHT COLLIER COUNTY, FLORIDA frr��i a 6�.a• .�. :S .o•ka -Y .iii. • ° Bv 1 : r ty Clerk D A I , CHAIRM a j1, w%•. 1. �e FI tt�-y�p�� pas " { LOVED AS. I AND LEGAL SUFFICIENCY: PUDA- PL2010 -1551 REVA Patrick G.61te, Assistant County Attorney PARKLANDS DATE: 12129/10 DUE: 1128111 Packet Page -444- �Ly /' /� ••jy�-•- LL s GMAC/Parklands Exhibit B (Collier) 01) •. E. N. tf. CN r O'• C'4 ... N' Return to; (enclose self- addressed stamped envelope) Mark P. Grant, Esq. Ruden McClosky P.A. 200 East Broward Boulevard. Suite 1500 Fort Lauderdale, Florida 33301 Tbls Instrument Prepared by: Mark F. Grant. Esq. Ruden McClosky P.A. 200 East Bmward Boulevard, Suite 1500 Fort Lauderdale, Florida 33301 INSTR 4411917 OR 4551 PG 1565 RECORDED 3/31/2010 12:51 PM PAGES 3 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC @.70 $19,450.20 REC $27.00 CONS $2,778,600.00 i Parcel ID Nos.: 00177600003, 00177810000, and 00177600100. QUIT CLAIM DEED THIS QUIT CLAIM DEED, dated OPXO 16 , 2010, between RC PROPERTIES IX, LLC, a Delaware limited liability company, with an address at One Meridian Crossing, Suite 100, Richfield, Minnesota 55423 ( "Grantor ") and FARKLANDS ASSOCIATES 1, LLLP, A FLORIDA LUMTED LIABILITY LMTED PARTNERSHIP, with an address at 1600 Sawgrass Corporate Parkway, Suite 40D, Sunrise, Florida, 33323 ( "Grantee" ). WITNESS, that Grantor, for and in consideration of the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, hereby conveys and quitclaims unto Grantee all of the real property described on Exhibit A, attached hereto and incorporated herein by this reference, located in Collier County, Florida, together with all rights, improvements and appurtenances, if any ( "Property "). PUDA_PL2010 -1551 REV :1 PARKLANDS ftN;7283705;2 DATE: 12/29/10 DUE: 1/28111 A 7/24/2012 Item 9.13. GhiAC/Parklands Exhibit B (Collier) IN WITNESS WHEREOF, this Quit Claim Deed has been signed by Grantor as of the day first written above. RC PROPERTIES IX, LLC, a Delaware limited liability company "00 1 STATE Alk i`l ) SS: COUNTY OF The foregoing instmmmt was aclmowledged before me this day of 2010, by l�t��T iCt -,ta1S as of RC PROPERTIES IX, LL,C, a Delaware limited liability company, on behalf of said company. He /She (__) is n rsonqlly known : to me or (—) has produced a driver's license as identification and did not take an oath. RM:7283705:2 Packet Page -446- GMACRarklands Exhibit H (Collier) EXHIBIT "A" TO QUIT CLAIM DEED Legal Description of the Property ALL OF SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE SOUTH 30 FEET CONVEYED TO COLLIER COUNTY IN OFFICIAL RECORDS BOOK 484, PAGE 533, OFFICIAL RECORDS BOOK m ' 548, PAGE 881, AND OFFICIAL RECORDS BOOK 548, PAGE 883, ALL IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. N TOGETHER WITH: N THE WEST 60 FEET OF THE SOUTH 30 FEET OF SECTION 9, TOWNSHIP 48 SOUTH, p RANGE 26 EAST, COLLIER COUNTY, FLORIDA. N N °• RAd:7283705:2 7/24/2012 Item 9.13. CORPORATE AFFIDAVIT STATE OF FLORIDA COUNTY OF BROWARD ) ss: BEFORE ME, the undersigned officer authorized to administer oaths, on this day personally appeared Alan Fant, Vice President of Parklands Genpar Corporation, a Florida corporation (the "Corporation "), the General Partner of Parklands Associates I, LLLP, a Florida limited liability limited partnership (the "Partnership "), who upon being duly sworn, deposes and says: 1. The undersigned is over the age of 18 years, understands the obligations of an oath, and has personal knowledge of the facts stated herein. 2. The undersigned is a Vice President of the Corporation and the Corporation is the General Partner of the Partnership. 3. The Corporation and the Partnership were formed under the laws of the State of Florida and are currently in good standing there under, and have not been dissolved. 4. Kevin Ratterree is authorized by the Corporation to execute consent forms pertaining to any zoning, land use, concurrency, time extension, PUD annual report, deviation, and/or variance application(s) submitted to Collier County. FUR'T'HER AFFIANT SAYETH NAUGHT. Parklands Genpar Corporation, a Florida corporation, the General Partner of Parklands Associates I, LLLP an 1 ?ant, Vice President The fo goin instrument was sworn to, subscribed and acknowledged before me this tday of 6 / 2010, by Alan Fant, Vice President of Parklands Genpar Co aura lorida corporation, the General Partner of Parklands Associates I, LLLP, who is personally known too m produced as identification. rilYilE! 7EtliRlEAyvtVY0 [Kota h4Y COMMON 9 DD M9£1 D(PIRES :'14MMber6,2013 Bonded Thru Notay Pubk UndenNrltess No he Printed Name: My Commission Expires: PUDA- PL2010 -1551 REV:1 PARKLANDS DATE: 12/29110 DUE: 1128111 Packet Page -448- u N N O N d' N ti STATE OF /t' "'" ,� l ) CORPORATE AFFIDAVIT COUNTY OF fU ) ss: BEFORE ME, the undersigned officer, authorized to administer oaths, on this day personally appeared Joel Kaul, the _/Let, r of MTV -GLGP, LLC, a Delaware corporation (the "Corporation "), together with Parklands Genpar Corporation, a Florida Corporation (the "Genpar Corporation), with the Corporation and Genpar Corporation being the General Partners of Parklands Associates I, LLLP, a Florida limited liability limited partnership (the "Partnership "), who upon being duly sworn, deposes and says: 1. The undersigned is over the age of 18 years, understands the obligations of an oath, and has personal knowledge of the Facts stated herein. 2. The undersigned is a 1/ I Co pr$5Cc�- (q" of the Corporation and. the Corporation is the General Partner of the Partnership along with Genpar Corporation. 3, The Corporation and the Partnership were formed under the laws of the State of Delaware and are currently in good standing there under, and have not been dissolved. 4. The Genpar Corporation and Partnership are authorized by the Corporation to execute consent forms pertaining to any zoning, land use, concurrency, time extension, PUD annual report, deviation, and/or variance application(s) submitted to Collier County. FURTHER AFFIANT SAYETH NAUGHT. 1VIF'V -GLGP, LLC, a Delaware corporation, the General Partner of Parklands Associates I, LLLP �� U —1' Joe Kdul, Vi c-c The vg"�,o instrument was swom to, subscribed grid acknowled ed before me this �" day Of t^ , 2010, by Joel KauI, the (� -eSi of MFV -GLGP, LLC, a Delaware corporation, the General Partner of Parklands Associates I, LLLP, who is personally known tome or has produced ��S �.c. ! I i Jh i7us� as identification. [Notary Sealj 101 UF 'aINN.E`3 ITtt }T Notary P )ic (/ Printed Name:l My Commission Expires: l0— PUDA- PL2010 -1551 REV:1 PARKLANDS DATE: 12/29/10 DUE: 1128111 08/27(2010 15:06 TEL 92542099 H M LAND DEVELOPMENT COLIJE�R COUNTY GOVFzI LAMENT ADDRESSING DP-PARTMENT 7/24/2012 Item 9.13. 2800 NORTH HORSES1105- DRIVE MAPLE$, FLORIDA 34104 ADDRESSING CHECKLIST PlsasN cnmpletc tho roflowiriQ and fw; to the Addra,,sinq Deportment :�L 239 - 252 -57214 or submit in pcmon to tha Addrossinji Department at the nbova address. Form must lie, signgo, k�� AdeCp —t irLc�tl�:r.ionnel rlrirsr to „Efe a�Ilc�tJor� meatinc, `pease allow 3 clay's for proc2sslna. �� -�� —� Not ail iL0MS will ,apply to c�vcry projr:ct, Items in hold type are requir�,tf, Forms older than b months will rex:luire: 7dditional reviow and npprov� l by lire Addres�incl Dcparlment. PETITION TYPE (check pctitlon type b0110w, evrnplete a tit p, i4 Addressing Chockllsf r'or aogh Petition Type) i;L (Blasting Permit) ED (Boat Dock Extension) i-1 Carnival /Circus Permit CU (Conditional Use) EXP (Excavation PFrrnil) ❑ Fr (Final Plat Li_A (Lo[ Lint;- Adj,rstrr�rrn(} (� PNC (Project Flame Cllana ) ❑ PPL. (Plan & Pki; Review) F-1 PSP (Preliminary Subdivision Pia,) PUD Rozonc ❑ RZ (Standard Rezone) n SDP (Site) D4v®lopme,-nt Man) SOFA (81)P AmvTidrru ,,rrt) ❑ SDPI (Insubstantial Change to SOP} ❑ SIP (Site lrmproverrieelt Pl6n) U S1P1 Onsu,I I?ntial Chnmq r to SiP) M SNR (Street Name Chonoc) ❑ SNC (SLreret Mcirnc Chc3rll�c�i iJnpl sllc:cJ} rj TDR (Tr�irisfer of Df.welopment nights) VA (Variance) ❑ VRP (Vegstation Rc�rnovai permit) [ ] VRSFP (Vagetatlon Rcmoval & Site Fill Permit) (:� OTHER PUCE Amondm�;nt (from Pt)D to RPUD) LI�GAL DESCMPTION of ,ubje:ct property or properties (copy of lengthy cl,scripfion rn7?y b? �ifrlr.,t7nt1) SECTION 9, TOWNSHIP 48S, RANGE 26E — �o- i-e—c—AS '�;) �, � O FOLIO (property ID) NUMBEP(s) of , ibove to, orassociato with, ifrrrore 1bso One) 00177500003, 00177810000, 00177600100 STRi = =T ADDRESS or ADDRESSES (as applicnie', iTalro"wy assigned) LOCATION MAP must be ait<Iched 5110WLng Exact locsation of prajecCU5ite in relation to nc%nrost public road right -of -way SURVEY (copy - ni�aded only for unplaftbd properties) PROP0517f,} PROJECT NP.!`,>aE (if appifcabl, ) THt PARKLANDS PROPOSI' D STRC1 =T NAVIES (Ii ��apllt:able) SITE DEVELOPMENT PLAN NUMBER oxisliny tarry) SCUP pr AFB 4 Packet Page -450- PUDA- PL2010 -1551 REVA PARKLANDS DATE: 12/29/10 DUE: 1128111 VLI GV /2010 15 :00 TEL 52542099 H 1.1 LAND DEVELQPMW w2 L N tf N 0 N N ti Al DR5SSINGI CHECKLIST - PAGE TWO Z 602/006 Page 1 of 2 Project or devQ1opment mgme5 proposed for, or already , ppe;;ring in, condominlum doeurnool -A (it opplicnVoll; indicate wildther proposed or existing) Pleaso Check orie; d Gh:.: kltst is to be Faxed b,,10k ❑ Ferscnally Picked Up APPLICANT NAME, BQE3 DUANE, AICP, PHONE 239.254 -2018 FAx 230- 254 -2099 Signature on Addressing Checklist does not constitute Project and /or Stmo.t Name approval and is subject to further review by the Addressing Department- FOR STAFF USE ONLY- - - -.._ Primary Nurnbur_ ©o 77 D b O ID S Address Dumber ao i J1-1 5 i o ob Addres,s plumber Ob C d O � Address Number Approved by...A.�'L i�dL�� G t. I-a, . Date, U — Updated by; Data: IF OLDER THAN G MONTHS, PORED MUST BE UPDATED OR NEW FOR $UB ITTED A LEGAL PRO F 55, 10NA4 ASSO.LIATI0N October 4, 2010 7/24/2012 Item 9.13. 6S0 PARK $Hom* Di2N1: Tauu,!cin City rRL -THIRD Fi.00R NasLLs, FL 34103 .239.649.2708 DIRL -CT 239.649.6200 MAIN, 239.261.3659 FAX bandersonCn ralaw.com www.ralaw.com Amy Taylor VIA U.S. Mail antl E MAIL: Facilities Management.Department tayloram (a collier.kl2.fl.us Collier County School District 5775 Osceola Trail PUDA- PL2010-1551 Naples, FL 34109 =0919 PARKLANDS DATE: 12129/10 Re: School Impact Analysis Exemption Letter Request DUE: 1128111 Dear Ms. Taylor: This letter and the. enclosed .application are on behalf of Parklands Associates I, LLLP ( "Developer ").: The Parklands Development of Regional Impact ( "DRI ") Vas originally approved in 1985 -and was most recently amended in 2003. An amendment will be filed soon to reduce density from 1603 dwelling units to 850. The DRI Development Order for the Parklands currently requires that a fifteen (15) acre school site be dedicated to the Collier County School District. The attached application form for the School Impact :Analysis reflects that there- is a School Capacity Review conducted at land use /rezozl_e stage and later a Corlcurrency Determination is made at the time of review and approval of site plans anti subdivisions. The Parklands DRI is exempt from both types of Sehooi Impact Analysis and this correspondence is to request. issuance of an Exemption Letter. The County Growth Management Plan, Public Schools Facilities Element Policy 2.2(F) .exempts from school .concurrency review "Development that has been authorized as a Development of Regional Impact pursuant to Chapter 350, F.S.. as of July 1, 2005. Further, Policy 2.3(A) provides that such a DRI is exempt from a School Impact Analysis ( "SIA" ). Specifically it states "The County, 'through its land development regulations and in conjunction with the School District shall establish a school concurrency review process for all residential development projects that are not exempt under Policy 2.2 of this Element The following are the minimum review process requirements for all non- exerlpt residential development: A. Submittal of a Residenfial Development Application including a School Impact Analysis (SIA) to the County for sufficiency review." REVA Pursuant to the foregoing provisions of the Public School Facilities Element of the County's Growth Management Plan we respectfully request issuance of an exemption letter for the Parkands DRI from the .School Impact Analysis which includes both a school .capacity review and a concurrency determination. NI-:W YORK CLEV LA. D Tov-Do AKRON COLUMBUS CINCNNA7 WA.SfMNGTON, i7.C. TA11AI- I.ASSEE nRIANDO FORTMYERS I TAf I-S FORT LAUDERDALE 63I065 v-0 I \ 123155.0001 Packet Page -452- o CN ti A-my Taylor October 4, 2010 Page 2 Thank you for your attention to this matter, Should yoa have any questions, please do not hesitate to contact me. RBA/ca cc: R. Arkin Y, Ratterree R. Duane R- M-ulhere ,631%5 v-011123133,000I Sincerely, K Braqe Anderson Wct Schoq Collier COQ 7/24/2012 Item 9.13. Collier County School. ;Distract School Impact Analysis Application Instwctions: Submit one copy of aornpleted application and location map fo:r each new tes ,entfal project requiring a determination of School impact to the Planning Department of the applicable local government. This application will not be deemed complete until all applicable submittal requirements have been submitted. Please. be advised that additional documentation /information may be requested during the review process, For information regarding this application process, please contact the Facilities Management Department at 239 -377 -0267. Please o%e-ck JN� typq of application request (one only): [ } School Capacity Review [ Exemption Letter [ j Concurrency Determination [ Concurrency Determination Amendment For descriptions of The types of re-View please see page's, 9. project Infohnati.on: Project Name: 14e Parklands DRI Municipality: NSA Parcel 10j�: (attach separate sheet for multiple parcels)` 00177600003, 00177810000, 00177600100 Locationl;kddress 6f subject property: Xort-h of- Logan Boulevard E tens ou (Attach location map) Closest Major Intersection: Logan Boulevard & Immotzalee Road II: i�wnership /Agent Information: Own.er]Contract Purchaser Name(s) 2ar1-1-ands Associates I, LLLP Agent/Confact Parson: R Bruce Anderson — Ageftt - - (Piease note that if agent or contact information is completed the District will for�lard all information to that person} Mailing address; 850 Spore Uriv�, Suite 30.0, 1Ia -p es, -FL 34103 Telephone;t (239) 649 -2704 Fax: (233) 2.61 -3659 5mail bandersoii@rala�a.com 1 hereby certify the statements abdlor infor=tion contained i,n this application with any attachments submitted herewith are true and correct to the best of roy knowledge. Owner or Authorized Agent Signature- Date rrr r°ravc4annipfit Information Project Data. (Unit Types defined on Rage 2 of application) Current Land Use Designation: Proposed Land Use Designation.: Urban Residential Urban Residential Current Zoning: Proposed Zoning: PUD Project Acreage: nSS ,s a�< i , sr , M� MF MH C G Unit T e: SF Total Units Gurrently Allowed by Type: 1,011 or IN 60ra or conb'nation Total Units Proposed by Type: I 850 or P50 or coi-b' ation Is this a phased project: Yes or No tlndeterm-ine.d_- If yes, please complete page 2 of this a _ lication. Date /time strip: Packet Page -454- I'm 04 V1, 0 clq ti 11 v ME PA'ORKLANDS EXHIBIT "W', GENERAL LOCATION. MAP PUDA- PL2010 -1551 7/24/2012 Item 9.13. PARKLANDS DATE: 1211111 DUE: 12/30/11 JUSTIFICATIONS FOR PROPOSED DEVIATIONS THE PARKLANDS PUDA -PL -2010 -1551 1. Deviation loo. 1 seeks relief from LDC Section 5.04.04.B.3.e, Model Homes and Model Sales Centers, provides that a temporary use permit for a model home (occupied or unoccupied) shall be issued initially for a period of three (3) years and that extensions in excess of this period shall require conditional use approval. The request is to allow model homes to remain in operation until the last certificate of occupancy is issued. The justification for this deviation is that The Parklands RPUD is a large project with up to 850 dwelling units. The developer's experience is that it may take a number of years for the project to build -out and their experience has been that model homes should remain in operation until the project is complete. 2. Deviation No. 2 seeks relief from LDC Section 5.04.04.B.5.c, Model Homes and Model Sales Centers, which allows that a maximum of five (5) models, or a number of corresponding to ten (10) percent of the total number of platted lots, whichever is less, per platted, approved development shall be permitted prior to final plat approval as specified above. The request is to permit up to 16 model homes and a sales center. The deviation is to increase number of model homes and the sales center from 5 to 16. The justification for this deviation is that The Parklands RPUD is a large project with 850 approved dwelling units. The experience of the developer has been that for a project this size up to 16 model homes including a sales center are required to meet their needs to successfully market the project. 3. Deviation No. 3 seeks relief from LDC Section 5.06.02.B.6.b, Development Standards for Signs within Residential Districts, which allows on- premises signs within residential districts. Two ground signs with a maximum height of 8 feet or wall, residential entrance or gate signs with a maximum height of 8 feet may be located at each entrance to multi- family or single - family development and mobile home or recreational vehicle park. The request is to allow for the combined area of the entrance signs and the boundary markers depicted in Exhibit C -1 for a total of four signs 10 feet in height with a maximum of 60 square foot copy area or a maximum copy area of 120 square feet (both sides). (See also Deviation No. 4). The justification for this deviation is that the size and location of the project merits additional exposure to the motoring public by allowing additional project signage adjacent to the project along more than one mile of Logan Boulevard North. The proposed boundary markers in The Parklands RPUD are designed to provide for additional signage along Logan Boulevard North based on the project's size and location. It is worth to note that a number of projects smaller than The Parklands would utilize a greater- number- of signs than proposed in this R.PUD given the project's road frontage on Logan Boulevard North. 1 HA2010\2010047\RLD \PUD Amendment\3rd Resubm sed Deviations 11- 29- 2011.docx Packet Page -456- a� N 0 N d' N ti 4. Deviation No. 4 seeks relief from LDC Section 5.06.02.B.6.b, Development Standards for Signs within Residential District, which allows the ground or wall sign not to exceed a combined area of 64 square feet and shall not exceed the height and length of the wall or gate upon which it is located. The request is to allow the entrance and boundary marker sign areas to be up to 60 square feet for each sign face and 120 square feet for the combined areas. The justification is to allow somewhat larger signage given the size and location of the project. Approval of this deviation will have no discernable impact on surrounding properties and will not contravene the public health, safety or welfare. 5. Deviation No. 5 seeks relief from LDC Section 5.06.02, on premise signs within residential districts that permits a maximum height of 8 feet to allow for a maximum height of 10 feet The request is to allow a 10 -foot high sign based on the size of the project and its location for the entrance sign and boundary markers. Approval of this deviation will not contravene the public health, safety or welfare in that the proposed signage will be consistent along Logan Boulevard North. 6 Deviation loo. 6 seeks relief from LDC Section 5.06.02.B.5, Development Standards for Signs within Residential Distr ict, which allows directional signs to be combined into one sign with a maximum height of 8 feet and a maximum area of 24 square feet. The request is to allow for no limitation on the number of combined signs provided they are separated by a distance of 100 feet or a road right -of =way. The justification for this deviation is that these signs will have no impact on surrounding properties. They will be of a uniform style and character. 7. Deviation loo. 7 seeks relief from LDC Section 5.06.02.B.5.a, Development Standards for Signs within Residential District, which allows on premise directional signs be set back a minimum of 10 feet from the edge of the roadway, paved surface or back of the curb, as applicable. The request for the deviation is to allow the flexibility to place internal signs 5 feet from the right -of- -way if they result in no public safety concerns or obscure visibility from a roadway for the motoring public. If no public safety issues arise, then the internal placement of such signs should not contravene the public safety, health or welfare. g. Deviation No. 8 seeks relief from LDC Section 5.06.02.B.1.a, Development Standards for Signs within Residential District, which allows a maximum height of 8 feet within residential zoning districts, and as applicable to designated residential portions of PUD zoned properties, or as otherwise provided within this Code. Height shall be measured 2 H:\2010\2010047\RLD\PUD Amendment\3rd ResubmittalUustifirations for Proposed Deviations 11- 29- 2011.docx 7/24/2012 Item 9.13. from the lowest centerline grade of the nearest public or private right -of -way or easement to the uppermost portion of the sign structure. The request is to allow the height of entry and boundary marker signs to be 10 feet. The proposed 10 feet is similar in height standards contained in the Terafina PUD located south of the subject property. This increase in height will not contravene the public health, safety and welfare. 9. Deviation loo. 9 seeks relief from LDC Section 6.06.02.A.1, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks.on both sides of a local street that is adjacent to the site. This deviation is requested to allow all local streets with a 40 -foot right -of -way width to have a sidewalk on one side, not just cul -de -sacs lots. The justification for this deviation is based in part on the last PUD approval for The Parklands Ordinance No. 03 -42, Section 7.06.A that allowed for sidewalks to be placed on one side of single - family cul -de -sac right -of -way. (See Old Deviation Teo. 1). The justification for this deviation is that the Parklands includes extensive open space areas, preserve areas, and common areas designated to facilitate the movement of pedestrians throughout the master planned community. Allowing sidewalks on one side of the street will not contravene the public health, safety or welfare of community residents based on the proposed RPUD Master Plan. 10. Deviation No. 10 seeks relief from LDC Section 6.06.01.0 and Appendix B, (Street System Requirements), which requires 4 travel lanes and median separator with a right - of -way width as required for a major collector or arterial roadway. The requested deviation is to allow construction of Logan Boulevard forth with 2 travel lanes within a 60- foot -wide or 80- foot -wide right -of -way. The justification for this deviation is that Collier County's Growth Management Plan Transportation Element (2025 Long Range Needs Plan) identifies Logan Boulevard forth as a two - lane minor arterial. See also Exhibit C -3. 11. Deviation No. 11 seeks relief from LDC Section 6.06.02.A.1, and Appendix B (Sidewalks, Bike Lane and Pathway Requirements) which requires 6 -foot -wide sidewalks on both sides of an arterial or major collector roadway. The requested deviation is to allow substitution of two alternatives: a. From the Collier/Lee County line to the Terafina entrance, a 10- foot -wide or 12- foot -wide multi -use pathway on one side (west) of the roadway. See also Exhibit C -3. b. From the Terafina entrance to the Olde Cypress entrance, a combination of an 8 -foot -wide multi -use pathway on the east side and a 5- foot- wide sidewalk on the west side. See also Exhibit C -3. 3 H:\2010120100471RLD\PUD Amendmentl3rd Resubmi "" '— ed Deviations 11- 29- 2011.docx Packet Page -458- a� N r 0 N d' N ti The justification for this deviation is based upon discussion with and directives given by Collier County Transportation staff, with due consideration to right -of- way constraints; continuous pedestrian access and safety to Bonita Beach Load; local pedestrian usage in Olde Cypress, Terafina and The Parklands; and minimization of wetland impacts from the roadway foot -print in Section 9 east of The Parklands. Collier County 'Transportation staff has already approved construction of Logan Boulevard North from Olde Cypress to The Parklands based upon this design. 12. Deviation No. 12 seeks relief from LDC Section 5.04.06.B.I.b.i, Temporary Signs, which requires that special event signs shall be erected not more than 15 calendar days prior to the supporting event and shall be removed within 7 calendar days after the even has taken place. Special events are for sales and similar promotional events for marketing. The request is to allow the project to have temporary signs for up to 90 days with a Temporary Use Permit. The special events are for sales events, model home openings, etc. 13, Deviation Igo. 13 seeks relief from LDC Section 5.04.06.A.3.d, Temporary Signs, which requires that temporary signs shall not exceed 32 square feet in area in sign area. The request is to allow temporary use signs that are up to 64 feet in area based on the project size and location. 14. Deviation No. 14 seeks relief from LDC Section 4.03.08.A.4, Facilities and Service Improvement Requirements, which requires no more than 4,000 average daily trips per project access point. The requested deviation is to permit one project access point on the Logan Boulevard North for the first 660 dwelling unit building permits. If more than 650 dwelling unit building permits are issued, a second project access point shall be required on Logan Boulevard Forth. (See also Exhibit P, Section 2.1)). An additional access point for emergency vehicles shall be provided at a location as generally depicted on the RPUD Master Plana. In the event building permits for more than 650 dwelling units are issued and a secondary project access is required, the secondary access will be deemed the emergency vehicle access point. 15. Deviation No. 15 seeks relief from Collier County Code of Ordinances Section 22- 110(a)(3)b, excavation review provisions of the applicable laws and County ordinances, that require approval by the Board during the rezone andlor preliminary subdivisions plat process to remove and have off -site excavated material in an amount in excess of ten percent (and in excess of 20,000 cubic yards) of the total volume excavated. T1-iis deviation serves to satisfy the requirement that intentions to remove the material must be clearly stated during the development review and approval process. 4 HA2010\2010047 \RLD \PUD Amendment \3rd ResubmittaNustifications for Proposed Deviations 11 -29 -201 l.docx 7/24/2012 Item 9.13. The requested deviation is to allow the off -site removal of fill in excess of ten percent and 20,000 cubic yards for the construction of Logan Boulevard forth. The maximum amount of fill to be hauled off -site for this purpose is 300,000 cubic yards. This will allow construction of Logan Boulevard forth without hauling in fill from remote sources. No traffic studies will be required for the off -site removal of fill for this purpose as long as no public roads are used for the off -site removal of fill other than Logan Boulevard North as there will be minimal impacts to the roadway system and a benefit to the public. 5 HA2010\2010047 \RLD \PUD Amendment\3rd Resub' ;"A iioifirarinns for Pr000sed Deviations 11- 29- 2011.docx Packet Page -460- N N 0 N d' N ti PUDA- PL2010 -1551 REV:1 PARKLANDS DATE: 12/29/10 DUE: 1128/11 EVALUATION CRITERIA THE PARKLANDS (PUD TO RPUD) PUD Rezone Considerations (LDC Section 10.02.13.8) 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 access, drainage, sewer, water and other utilities. The subject property has previously been found to be suitable for the area along with its prior DRI and rezoning approvals. The last zoning approval was in 2003 and the initial rezoning approval was in 1985. Through prior entitlements, consistency with the GMP has been found to be an appropriate use at this location for a residential PUD. Provisions in the proposed zoning and DRI development order changes will ensure that traffic and access, drainage, sewer, water and other utilities will be adequate to serve the needs of the proposed development. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the County Attorney. The applicant has attested to the fact that the project is under unified control for the purpose of obtaining PUD rezoning. Provisions will be. incorporated for maintenance and operation of common areas including internal roads and the water management system in the project's deed restrictions and permits from local and state agencies. 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/addressin all criteria or conditions of that Sub - district, policy or other provision.) The proposed RPUD for 850 dwelling units is consistent with the GMP for the following reasons: a. The FLUE allows up to four dwelling units per acre for the subject .property and it is located in a Mixed Use District urban residential subdistrict. The existing density for the current PUD with up to 1,603 D.U.'s was previously approved at a density of 2.5 D.U.'s per acre. The proposed density for 850 D.U.'s is 1.3-h D.U.'s per acre. Therefore, the proposed density is consistent with the FLUE. Page 1 H:\2010\20] 0047 \RL,D\PUD Amendment\Evaluation Criteria 12- 21- 2010.doc 7/24/2012 Item 9.13. b. The subject property's location in relation to existing and proposed community facilities and services is consistent with Objective 2 of the FLUE in that such facilities exist, or are planned to be developed, • concurrent with the project development schedule. Moreover, due to its consistency with the FLUE and proximity to similar existing and approved projects, the subject project development will result in an efficient and economical allocation of community facilities and services, as required by Policy 3.1 of the FLUE. c. The development authorized by this PUD is compatible with and complementary to existing and future land uses as required by Policy 5.4 of the FLUE. d. The proposed rezoning is consistent with Policy 5.1 of the Transportation Element of the GMP at it will not significantly impact a roadway segment already operating and/or projected to operate at an unacceptable level of service within the five -year planiling period (see attached T.I.S.). 4. The internal and external compatibility of proposed arses, which conditions may include restrictions on location of improvements, restrictions on design., and buffering and screening requirements. The proposed changes to the PUD Master Plan is internally and externally compatible with existing and planned uses around the subject property with the development standards contained in Exhibit B including enhanced open space areas and reduced density. Compliance with these criteria, therefore, is met. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The proposed RPUD Master Plan provides for substantial open space area that includes 341± acres or 72% of the project. This amount of open space substantially exceeds the 60% required and includes a 6.38 tract as noted to meet the recreational and open space needs of the residents. Compliance with these criteria, therefore, is met. 6. The tuning or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Public and private facilities are adequate to support the proposed development with the extension of Logan Blvd. up to the project entrance. P a cue 9. H:\2010\2010047\RLD\PUD Amendm=tEvaluation C Packet Page -462- 7. The ability of the subject property and of surrounding areas to accommodate expansion. Based on the foregoing, the ability of the subject property and surrounding area is suitable for the subject property and general area criteria. 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 m application of such regulations. ai The proposed RPUD is justified in meeting a public purpose to a degree at least equivalent to a literal application of such regulations. V 0 N d' N ti Page 3 H:\2010\20100471RLD\PUD AmendmentTvaluation Criteria 12 -21 -2010 .doc 7/24/2012 Item 9.13. REZONING CRITERIA COMPLIANT WITH LDC SECTION 10.03.05 1. THE PARKLANDS 10.03.05 1. Nature of requirements of planning commission report. When pertaining to the rezoning of land, the report and recommendations of the planning commission to the board of county commissioners required in 10.02.12 D. shall show that the planning commission has studied and considered the proposed change in relation to the following, when applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. The proposed request to amend the PUD to become an RPUD is consistent with the goals, objectives, policies, FLUE and elements of the Growth Management Plan. (See also PUD rezone considerations for further support documentation pursuant to LDC Section 10.02.13.13. as set forth in this application. 2. The existing land use pattern. Lands to the east of the subject property are vacant and zoned for the Mirasol PUD, a residential development. Lands to the south are vacant and zoned for the Terafina PUD, a planned residential development. Lands to the north are contained in Lee County /Bonita Springs and are developed with the northern portion of The Parklands DRI, a planned residential development. Lands to the west are zoned for the Quail West, a developed residential community. The existing land use pattern that is emerging in the general area with existing and planned residential development of a similar character and development intensity to the subject property making the proposed RPUD rezoning request an appropriate use for the area and compatible with land use pattern emerging in the general area. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The boundaries of the proposed rezoning request are the same boundaries that exist today. Therefore, the request will not result in a district unrelated to adjacent or nearby land uses. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing zoning district boundaries are logically drawn as they have previously been found to be appropriate and are not changing except to add 732 acres on the west boundary which was previously deeded to The Parklands owner. PUDA- PL2010 -1551 REVA PARKLANDS DATE: 12/29/10 Paue 1 DUE: 1128111 HA2010\2010047\RLD\PUD Amendment\Rezoring c packet Page -464- 5. Whether changed or changing conditions snake the passage of the proposed amendment necessary. One of the changed conditions malting the passage of this amendment necessary is a Settlement Agreement that the property owner has entered into with environmental stake holder groups will result in enhanced environmental conditions. The proposed plan proposes to eliminate the flow way within the eastern portion of the property and increase the size of the preserve area and eliminate the golf course. The 06 above changes along with reducing the number of dwelling units necessitated by the 6 Settlement Agreement represent changed conditions making the approval of the rezoning E necessary. a� N 6. Whether the proposed change will adversely influence living conditions in the Nneighborhood. NThe proposed change will not adversely influence living conditions in the neighborhood ►� based on the proposed uses and development standards. The change, however, will enhance environmental resources through the expanded preserve area and improve access through the general area. The attributes of the project will have a positive influence in the general 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 proposed request will not excessively increase traffic congestion, and it will not adversely affect public safety based on the results of the attached T.I.S. and other support documentation contained in this application. S. Whether the proposed change will create a drainage problem. The proposed change that will be permitted by South Florida Water Management District and will ensure that the project will not create a drainage problem along with other planning and engineering considerations incorporated into the proposed plan for development. (An existing SFWMD and USACOE permit is currently in place and is proposed to be modified to comply with the Settlement Agreement). 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The development standards and height proposed will not exceed zoned height of 65 along with the project's relatively low density, i.e., 1.3± D.U.'s per acre. The proposed change will not seriously reduce the light and air to adj acent areas. Page 2 HA2010\2010047\RiA\PUD Amendment\Rezoning Criteria 12- 21- 2010.doc 7/24/2012 Item 9.13. 10. Whether the proposed change will adversely affect property values in the adjacent area. It is not anticipated that the proposed rezoning request with the proposed development standards and a density of 1.3 D.U.'s per acre will adversely affect property values in the general area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed change will not be a deterrent to the improvement or development to adjacent properties in accordance with existing regulations because it is a decrease in density and intensity. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare and is largely based on proposed environmeental enhancements to the RPUD. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The property cannot be used in accordance with the existing zoning because of the environmental Settlement Agreement that includes safeguards to further promote the public health, safety and welfare. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed request with its lower density, preserve areas and open spaces are not out of scale with the needs of the County. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. It is not impossible to find other adequate sites in the County; however, the subject property has been zoned since 198 as noted in anticipation of residential use of the subject property albeit at a lower density than previously approved. 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 classif>!catiOu. Pace 3 H:1MIM010047�RLDTUD Amendm(nr&Rezoning c Packet Page -466- �i N O N d' N ti The physical characteristics of the property are well suited for development with a majority of the uncleared areas contained in the preserve area to minimize disturbance of existing vegetation. 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 [Code ch. 106, art. M, as amended. The proposed rezoning and changes to the DRI will not have an adverse impact on adequate public facilities based on the information provided in this request and T.I.S. Ig, Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. Such factors will be considered at the time of public hearing before the BCC to ensure future protection of the public safety and welfare. Page 4 HA\2010\2010047\RLD\PUD Amendment \Rezoning Criteria 12- 21- 2010.doc t f' • PUDA- PL20'" 3r; PARKLANC 7/24/2012 Item 9.B. W County DATE: 121 DUE: 1128111 COLLIER COUNTY GOVERNMENT 2800 Num i R r[vtf�c�nur_ x GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (238) 252 -6358 www.collierciov.net r r L r P�� Rezane D,z) - 4 �g s .{ # i' e i j ~ �r �� ,eZOiil �� }•� ;7t a - ' - � ' • •L - -1 f 1 Y L 0 p5�i' .:J ,I�S/�i�Fy �y� l �'.��y/ 6( y@Ry��j v j �' {' . Y. . h l I i ., 'h I r, l,' {'�[rjGiE"`EOCldilli'. il� ■L, 4 k h PL #. I Date: gZall C) Time: L I s Firm: Project Name: Size of Project Site: acres Applicant Name —)L is O a� I�IdC�i f��) Phone: ��4- 2,(X$} �1 — %0r�, Owner Name: Phone: Owner Address: City State ZIP Existing PUD Name and Number 2i%l� ICI 1�S O D --*— Ua - 4-2 Assigned Planner Meeting Attendees: (attach Sign -In sheet) 1 iyieef�ng Nofes ti TU D f� /u nCLOX�in.9-1- �11 ®T A SCHOOL CONCURRENCY - If the proposed project includes a r idential component, you are required to contact the School District of Collier County at 239 -377 -0267 to discuss school concurrency requirements. be stt J r ' s w ._ w � Packet Page -468- C C C r COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULA T ION co Couwty 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.co R's erct ov. n et h tit:' FUD �EZONIE PUDZ r a ' ( ) _ ' - ,; � ;,c �P1lD to PU© P.EZOTl1~ (P11DZ A) : a ; ` ' , r . •� � r � - `' _ <AFPLI£ATIQI*l. r5UBf4'(ITTAI. CHECKL.IS� - 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. 0 REQUIREMENTS A # OF COPIES REQUIRED NOT REQUIRED _ SiAPiDAEL17'EtEQUtREM):fVTS: , : _ ..:..;.. _ `_ :,. `-'. .,:.,- _ -. .: ;; :'..:.;._• v 1 Additional set if located in the Bayshore /Gateway Triangle Redevelopment Area) V 1 Additional set for School Board Review (if contains residential components) > Copies of detailed description of why amendment is necessary t Completed Application (download from website for current form) v PUD Document & Conceptual Site Plan 24" x 36" and One 8 1/2" x 11" copy (S Revised Conceptual Site Plan 24" x 36 "and One 8 '/z" x 1 1" copy r Original PUD document 4' ONLY IF AMENDING THE PUD Revised PUD document with changes crossed thru & underlined "evised PUD document wamended Title page word #'s, LDC 10.02.13.A.2 Jeeds/Legal's r. i a 3 }List identifying Owner & all parties of corporation 2 1N Owner/Affidavit signed & notarized 2 F,- Covenant of Unified Control 2 Completed Addressing checklist (no MD% IM0. 2 .Environmental Impact Statement (EIS). T or exemption justification Env (,s�nvr t Digital electronic copy of EIS '(copy for Planner & Environmental) 2 Historical Survey or waiver request 4 ° Utility Provisions StatementW!i e 4 Architectural rendering of proposed structures 4 Survey, signed & sealed (ocl yy\gve 4an G V\Ap O( 4 6% Traffic Impact Statement (TIS) or waiver (with applicable fees) 7 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 boundary 5 ' Electronic copy of all documents in Word format and plans (CDRom or Diskette) 4 N Justification /Rationale for the Deviations (must be on a separate sheet within the application material; DO NOT include it in the PUD documents) ❑ 1- Copies of Official Interpretations and /or Zoning Verifications ��! l 'N School Impact Analysis Application 2 K1110, - 7/24/2012 Item 9.B. max' �.� L I ier 1.y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION[ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net Affordable Hovstng or Econorntc Dd veloprrtent Covnctl Proiects. t pi v PARKS at REC k7Y7o EDC "Fast Track" must submit approved copy of official application 2 City of Naples - Robin Singer � ¢� ❑Affordable Housing "Expedited" must submit copy of signed Certificate of Agreement. V IMMOiSALEE WATER/SEWER DISTRICT tj * *If project includes an Affordable Housing component, you are required to schedule a meeting Utilities Engineering before the Affordable Housing Advisory Committee by contacting the Collier County Housing and Human Services Department at 239 - 252 -2273. If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Applicant must contact Mr. Gerry J. Locavera, State of Florida Division of Forestry @ 239 - 690 -3500 for information regarding "Wildfire Mitigation & Prevention Plan ", LDC Section 2.03.08.A.2.0.(b)i.c. _n If located within 1/2 mile of City of Naples send copy of submittal package to• Robin Singer, Planning Director City of Naples 295 Riverside Circle, Naples, FL 34102 Fees: Application Fee: ❑ $10,000 (PUD Rezone) + $25 per acre (or fraction of thereof) ❑ $8,000 (PUD to PUD) + $25 per acre (or fraction thereof) $6,000 (PUD Amendment) + $25 per acre (or fraction of an acre)°r{ afx$150.00 Fire Code Review $100 for PUDZ -A i2,250.00 Comprehensive Planning Consistency Review ® ,f $500.00 Pre - application fee (Applications submitted 9 months or more after the date of the last pee -app meeting shall not be credited towards application fees and a new pre - application meeting will be required. '925.00 Legal Advertising Fee for CCPC meeting ® t $500.00 Legal Advertising Fee for BCC meeting (advertising costs are to be reconciled upon receipt of Invoice from Naples Daily News). ❑ 1") "$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 $ 1.50 Non- cerfirred; $3.00 Certified return receipt mail (to be paid after receipt of invoice from Dept. of Zoning & Development Review) Att a Separate Check for Transportation Fees (Refer to Exhibit A): $500.00 Methodology Review Fee, if required *Additional Fees to be determined at Methodology Meeting Fee Tota I PLANNER MARK IF NEEDED TO DE ROUTED TO REVIEWERS BELOW: Comments should be forwarded to the Planner prior to the due date SCHOOL DISTRICT AY _TCL 10� v PARKS at REC k7Y7o SUPERVISOR OF ELECTIONS � City of Naples - Robin Singer � ¢� DR/EMI — EMER. MGMT — = - ' V IMMOiSALEE WATER/SEWER DISTRICT tj Utilities Engineering Packet Page -470- 0) N O N d' N ti �.yt �r �4 r Comity COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 wwrw.colliergov.nef 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 10.03.05.6.8. 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 Land Development Services 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 Land Development Services 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 Land Development Services 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. Within 30 days of adoption of the Ordinance, the owner or developer lspedTy namel ar irs expense snuu 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 15 days of recording of said = _ Memorandum or Notice. 7/24/2012 Item 9.13. COLLIER COUNT' ZONING DEPART MENT REQUEST FOR MEETINGS REASON FOR"MEETING (checkone) -g Pre - Application Meeting ❑ Telephone Consultation for SDP, SIP Insubstantial Changes ❑ Telephone Consultation for ICP Insubstantial Change ❑ One -On -One Sufficiency Review Meeting *indicates required field YOUR CONTACT INFORMATION NAME:* BOB DUANE, AICP REPRESENTING:* PARKLANDS ASSOCIATES I, LLLP PHONE: 239 -254 -2000 EMAIL: STEPHANIEKAROLn HMENG.COM TYPE OF APPLICATION:* PUD AMENDMENT (FROM PUD TO RPUD) PROPERTY INFORMATION FOLIO NUMBER:* 00177600003 00177810000, 001.77600100 ZONING OR PUD NAME (you mustsupply original PUD name):* THE PARKLANDS (ORD. 03-42) STREET ADDRESS OR LOCATION:* 14041 BONITA BEACH ROAD SDP /SIP## (required for Insubstantial change): NIA CITY: NAPLES ZIP: DETAILED DESCRIPTION OF`PR0IECT'OR'PROPOSEDWORK:* PUD AMENDMENT FROM PUD TO RPUD (COMPANION ITEM TO NOTICE OF CHANGE TO DRI) Additional Information For Pre - Application Meeting, please bring the following items: ® Signed and Verified Addressing checklist (allow 3 days for processing) ® $500 Pre - Application Meeting Fee m $75 Fire Review Pre -App Fee. For Application Submittal Review: s Submittal Checklist must be attached to the application package ® All items in the package must be submitted in the exact order of the checklist Cover page must be attached to each group of items We will contact you with the scheduled time and person you will be meeting with. Packet Page -472- PUDZ -PUDA. Checklist L .�•� Usti � Shm �QV-11 1pro ject is in compliance with the overlays, districts and/or zoning on the subject site or the surrounding properties. (i.e. CON, ST, PUD, RLSA designation, RFMU district, etc.) (LDC 2.03.05- 2.03.08; 4.08.00) 147. Comply with specific requirements per SSA stewardship easement., (LDC 4.08.06) 1000 1 60 �'A 148. Comply with specific requirements per SRA development document/master plan. (LDC 4.08.07) m rn 231. ubmit a current aerial photograph and clearly delineate the subject site boundary lines. If E the site is vegetated, provide FLUCFCS overlay or vegetation inventory identifying upland, wetland and exotic vegetation. (LDC 10.02.13.A.2.m) ' 150. Clearly identify the location of all preserves and label each as "Preserve" on all plans. N (LDC 3.05.07.A.2). preserves labeled N rl- 151 Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and ratios permitted to be created on -site or mitigated off - site. Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.05.07.E -D; 3.05.071; 3.05.07.H.Ld -e). preserve calculation 20 . Created and retained preserve areas shall meet the minimum width requirements per LDC 3.05.07.H.1.e. 3154 3.05.07.A.3, Retained preservation areas shall be selected based on the criteria defined in LDC include all 3 strata, be in the largest contiguous area possible and shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors. (LDC 3.05.07.A.1 -4) preserve selection ,2flProvide the justification for proposing a created preserve versus retaining existing native vegetation. (LDC 3.05.07.H.l.e.i) 212 rinciple structures shall be located a minimum of 25' from the boundary of the preserve boundary. No accessory structures and other site alterations, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within 10' of the boundary unless it can be shown that it will not affect the integrity of the preserve (i.e. stem wall or berm around wetland preserve). Provide cross - sections for each preserve boundary identifying all site alterations within 25. (LDC 3.05.07.H.3; 6.01.02.C.) preserve setback 155. Provide the location, maintenance plan, and type of habitat of any proposed off-site preservation/mitigation. (LDC 3.05.07.F.4) 8 efland W line shall be approved by SFWMD and delineated on the site plan. (LDC 3.05.07.F; 10.02.03.B.1.j.) wetland line 128. Wetlands within the RFMU District and the Urban Designated Area Lake Trafford/Camp Keais wetland system shall provide an assessment of the value and function of the onsite wetlands (WRAP score). Direct impacts of development shall be directed away from 7/24/2012 Item 93. high quality wetlands. (LDC 3.05.07.F.1a) wetland assessment 127. Wetlands within the RFMU District and the Urban Designated Area Lake Trafford/Camp Keais wetland system being utilized by listed species, serving as wildlife corridors and existing wetland flow ways shall be preserved onsite, even if by doing so exceeds the required preservation acreage. (LDC 3.05.07.F.3.b -c) wetland impacts 211. Wetland preserves within the RFMU District and the Urban Designated Area Lake Trafford/Camp Keais wetland system shall have a vegetated (existing or planted) upland buffer Iodated landward from the approved jurisdictional line. Provide planting plan and plant list if supplemental planting is required. (LDC 3.05.071.3J) wetland buffer 126. All direct impacts to wetlands within the RFMU District and the Urban Designated Area Lake Trafford/Camp Keais wetland system shall be mitigated. Provide a mitigation assessment. (LDC 3.05.07.F.3 -4) wetland mitigation 130. PLEA Baseline standards for Wetlands outside of FEAs, HSAs, FFP-4s and the ACSC. If wetland impacts are proposed, provide a map identifying the wetland assessment scores of each wetland on -site. The preservation requirement shall be met first with wetlands with a score of 0.65 or greater (based on SFWNM methods). Provide agency approved wetland score documentation. (LDC 4.08.05.M.1.) RLSA wetland assessment 212. RLSA Baseline standards for T otlands outside of FSAs, HSAs, JVRAs and the ACSC. Wetlands being utilized by listed species or serving as wildlife corridors shall be preserved onsite, even if by doing so exceeds the required preservation acreage. (LDC 4.08.08.H.2.) RLSA wetlands 131. RLSA Baseline standards for Wetlands outside of FSAs, HSAs, WRAs anal the ACSC. Direct impacts to wetlands, shall be mitigated for. Provide a mitigation assessment. The wetland functional score of the mitigation must equal or exceed that of the impacted wetlands. Demonstrate that there's no net loss of wetland functions. Priority shall be given to mitigation within FSAs and HSAs. These mitigation requirements must be satisfied prior to site plan approval. (LDC 4.08.08.14.8 -9.) RLSA mitigy! on s 153 Provide a complete and sufficient (and the review fee) identifying author credentials, consistency determination with the GMPs, off -site preserves, seasonal and historic high water levels, and analysis of water quality. For land previously used for farm fields or golf course, provide soil sampag/groundwater monitoring reports identifying any site contamination. (LDC 10.02.02) EIS required 228. Wildlifc survey required for sites where an EIS is not required, when so warranted. (LDC 10.02.02.A.2.f) 229. Include the wildlife habitat management plan as an appendix to the P ocument f (eagle, RCW). (LDC 3.04.00) wildlife plan O,r} DO -�Z 181. Golf Course PUD within RFMU or RLSA: Provide an Environmental Master Plan and Natural Resource Management Plan (NRMI') approved by Audubon International. (LDC 2.03.08.A.2.a.(3)(a).xi.b; 2.03.08.A.3.a.(1)(k); 4.08.06.A.3.h; 4.08.08.F.1) D-'PLTD Document and Master Plan shall state the minimum acreage required to be preserved. (LDC 10.02.13.A.2) Packet Page -474- 232 PUD Document shall identify any listed species found on site and/or describe any unique vegetative features that will be preserved on the site. (LDC 10.02.13.A.2.m) unique features Additional Comments: Stipulations for approval (Conditions) N r O N d' N ti F" V O � O O C�1 r I'1' VZ V! 4- 1- O p M U 0 D- to . U) L. [i3 .E LiJ CD M E' a) M z Cn Q� �1 cc e d � R J 6 N O 0 A IL 0 S:, 0— 0 , � Packet Page -476 -J i t Q) I'1' VZ V! 4- 1- O p M U 0 D- to . U) L. [i3 .E LiJ CD M E' a) M z Cn Q� �1 cc c*� o� N N O Co N E a O N N 0 C U J N N w 0 A e d � R J 6 N O 0 0 S:, O v Packet Page -476 -J i t Q) � _ O v .. j U ` r E • Z Q1 1 v L S h c*� o� N N O Co N E a O N N 0 C U J N N w 0 A .r- r� �t lls S v �11 f� �J `fit 11 c� 7/24/2012 Item 9.13. � R J 6 N O 0 0 S:, Packet Page -476 -J .r- r� �t lls S v �11 f� �J `fit 11 c� 7/24/2012 Item 9.13. J 6 Q O C l _ v .. j 4 ` r W � e L 2 1 � o a O N U O ' \ N VV N c c m Q Q c� S L.L J a. m' ^E W N T- O N N Z ti Q 2 1 w- O CU cu i z U 'a Q1 I a_ ,j s Q3 a:�3 ®2 r 0 0 U d E N N N co N CN L N o. N G n" C (D E D- 0 0 C C) C 0 rn w 0 A rit Q) LO 0 rn 0 ZZ CD A m 0 0 7R Q) a� c c N Q N Q (0 CD d N 08/27(2010 15; 08 TEL 82 -542099 H hi LAND QEVELOPi4ENT 7/24/2012 Item 9.13. COLLIE. R COUNTY GOVERNMENT ADDRESSING DF-PARTMENT LY#.S ADDRESSING CHECKLIST 2800 NORTH HORSESH05 DRIVE MAPLE $', FLORIDA' P{eH� ownplcte the; rotlowinq and fnx to tho Addro.,,sing Deprlrtrnbnl z- (. 239 - 252 -5724 or subm t in parson to (ha Addrossir,o Department at the above address. Form n1USi be EjpAl I y Addrgasir ,t;.rsonr>et pairs to pie; aflpllc tjop malting, Dleaso allow 3 dais far tsrocosgl A- Nct all ltarn will ` -Jpply to (''.'cry project ltcirns in bald typo are requin� -d. Forms curer Ihsn b months will r('quiru% g1C1ditional revipw and apprdv�rl by the Addressing Dt laerimeni. PETiTlON TYPB (check pefrftor7 type compJefe a Addressing CheckfJst for rstich Pa1'itiorl TypG) ❑ 1;L ((3lastirtg Permit) ❑ 8D (Boat Dock EYJQnsion) f l Carnival /Circus Permit [ Cu (Conditional Use) EXP (CXcavadari P rmil) ❑ FP (Final Plat LLA (Lot Linn" Adj rsfr0iArt0 Lj PNC (Project Name Chancre) ❑ PPE.. (Plartis & Plot Rcevjow) PSP (PrzlirninaFy Subdivision Plat) ❑ PUD Rezone ❑ RZ (Si;tWard FF'ezorle) SDP (S'rlri Development Plan] SDPA (SDP ArnondmGnl) ❑ SDFFI (Insubstantial Change to SDf') ❑ SIP (Sits; lrmproyome')l F-1161)) I�1 SIPI (InsubGlt:ntia! Change to SIP) 1 8NR (Street mama Change) ❑ SNC (Street Name Changb' "' iJnpl�sllE'd) lTDR {Tr rrrsEE;r of D�:velopmenl Eights) VA (Variance} ❑ VRP (Vr-gatatdon Re nmavai Permit) VRSrP (Vagetatlon Removal & Sitc Fill Permit) ( O i HER PUD Amc:nt mkml (from PUD to RFUD) LEGAL DESCRIPTION of strbjc: ci properly or properties (copy of fer77thy rlsscripfiot71n,3y bo aff0r.hacl) SECTION 9, TC)VVNSHIP 48S, RANGE 26E -- Fo-c- e-q S '�� ':� � i G FDi,IO (Property Ea) NUMBER(s) of above- (affaoh 10, orassociato with, [oval doscription if more (horn 00177000003, 00177810600, 00177600100 STRE--T ADDRESS or ADDRESSES (�;s appfkal7fF "' if alrp rczy as; /t�rOriJ * J- 00,ATION MAP must be alicnhed 511-owing exact lacation of ptcjectl.vite In relation to m nrost puvllc road right es -way SURVEY (copy - n -4d' -d orgy leer unplattod properties) PROP0SED PROJECT NAME [h'appficat1a,) T HEI PARKLANDS PROPOSED ST'RCET NA1+kES (tt applicabfo) SITE DEVEL.OPm2N'I' PLAN NUMBER (frlr ex'fslio-q pr'qjf:Cls /S11eS cmly) SrDI - or AR Pr Packet Page -478- vt /W /zo5a 78:00 TEL 9Z542099 H M LAND DEVELOPMENT [602/008 Page 1 of 2 ADDR5SSiNG GHEOKLiST - rAGr TWO Project or dove,-fopmenl nime0 proposed for, or alrRZdy apper.�ring in, cornddm[nlum dacurnerylfi (if applicnVol); indicate MiG�ther proposed or oxisting) Pleasa Check One; is to bo Faxed bOCk Fersonally Picked lip E APPLICANT NAMES. BOB DL)ANE, AlCP. PtioNE 239 - 254 -2018 r- x 239- 254 -2099 0 N 1 Signature on Addressing Checklist does not constitute Project end /or blame approval and is subject to further review by the Addressing Department- FOR Sl'AFF uSF- QNL`f Primary Number Oc :::> Address NL4mbet as -1`1 i a odC> Address Numbar Q0 1 06 I O cD Address Number Approved bY,_.�1 �-r�k � +�� Data,, � ` � U updoted Dato: iJF OLDEN THAN 5 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED P'ige2Uf2 ob /zr /Zo10 15,QG TEL 92542053 H M LAND DEVELONAENT 7/24/2012 Item 9.13. COLE.tE;R COUNTY GOVEtRNMENT ADDRESSING DEPARTMENT ADDRESSING CHECKLIST 2800 NORTH HORSESI-108 DRIVE NAPLES, FLDRIDA "a4'I04 Please ootnT<lcte the foilowinq and fax to the Addressing Deporfrrlent ;A 239 - 252 -5 724 or subnllt in par.�ar1 to the Addrossir,ji Department at the above address. _Fora muss bo tgn ci _t� Acicirc irLglat�;r;nnrrEl GrrinP tapfe; 3 IIc�[[or meeting. please altoW 3 days far processlrttr- Not ail Res mS will apply to Peery projoci. Items in bold typo are mquin�:CL Fora::, DIder than 5 months will rr~tluirEw Additional raviF:w and approv;il by ille, Addressing rDe,,pwlm(rn rlt. PETITION TYPE (check pctfNp,7 type below, complete a scpaiate,AddressJr7q Chockilst for oogI7 Petition Typo) E;L (13lastincg Permit) ❑ 13D (Boat Doer k Exionsion) F- CafnivaUCirous Permit n CU (Condition =al Use) ❑ EXP (Exc:avation Permit) ❑ FP (1^,naf Plat I� LLB, (Lot Line5 F- djuSirnr:n0 ❑ PNC (Project Name Change) ❑ PPE, & Plc3l Re:virur) (] PSP (Preliminary Subdivision Plat) ❑ PUD Rrozonc ❑ RZ (Standard Rezone) n SDP ($!to D- velop ent Plan) SOPA (SDP Amondmnrit) ❑ SDPI (Insubstantial change to SDP) ❑ SIP (Slty Impraycvie'1t rl4n) I...] SIPI (Insu�Gtential change to SIP) SNR (Street €Mama Change) ❑ SNC { Street Name, 0I10,'106 V11PIrsllE:d) TtDR (Trorn5r$r of DE;wt�lopmenl Rights) VA (Variance) ❑ VRP (Vegc.talion Removal Permit) VRSI ;P (Va-getation 11cmnvW & Sitc Fill Permit) [:�-j OTHER PUD ArnGndrwl nt (frorrr PUD to RPUD) LEGAL Df;SCRIPTION cf , t:bjr:ct property or properties (copy of lencgt/iy i�sscriptkm muy be ait,Irhnd) SE07 -ION 0, TOWNSHIP 48S, RANGE 26E -- �o -c- e --GJ S --�: � Clt �" � 'Z::N FOILIO (Property ID) IAN MBER(s) of ehove (atLRch lo, orassouhato with, fa(,ral descripfiva irmore ih m nrre) 0017; 600003, 00177810000, 00177600100 STREW ADDRESS orAD DRESS E8 (�js appllr -; f, it airy. ady e,Ss�l_gnodj • LOCATION MAP must be ailnched. i lhowing Oxad location of projdcVs to In reln0on to ncnrost public road right -cf -way • SURVEY (copy - ragti�d only IfOr unplatiod pr opr:rtiogj PROPnSED PROJECT NAME (rfapplicable) THE PARKLANDS PROPOSED S i RE-ET NAMES Of 1pplicab(e) SITE DEVELOPM2wr PLAN DUMBER (riot r;rrly) 80P or AR TF Packet Page -480- Vu(Gt(LUIQ 15:08 TEL K542098 H tf LAND DEUELDPMERT Q 602 /008 Page 1 of 2 AbDR5SSING CMECKL €ST - PAGE TwO Project or Ctev$foprne�nt nomeu proposed for, or already ppearing in, eondominlurn doeurrleoli (if application; indicate wilother proposed or existing) Please Check One; d Ghat, ,4t iq iQ bo Faxed Personnlly Picked Up E APPLICANT KAMF—: BOB DUANE, AICP. PHONE 239,254 -2018 t=,PX 233- 254.2D99 0 N d= Signature on Addressing Checklist does not wnstltute Project and /or StrQ-�t Name approval and is tisubject to further review by fhe ,Addressing Department_ FOFt STA: <" USE ONI-Y Primary Number OC) O Address Number Clc' _ 1-1`1 C> oo ,address Number 00 f yi � 6o C5 6 d O c-. Address NurnbDr APpmvad fey:_ �� I d`�f� � Data` � �0 Updated by, IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMIT I ED Page2iUf2 Stephanie Karol From: DeselemKay [KayDeselem @colliergov.net] Sent: Friday, August 27, 2010 3:25 PM To: BrethauerPaula cc: Stephanie Karol Subject: Parklands DRI NOPC and PUD Amendment You will be getting requests for pre -apps for these two petitions. Although these will be two separate petitions, the pre -apps can be scheduled concurrently. m Kay Deselem, AIG"P, Principal Planner 6 Zoning Services- -Land Development Services Department Erawth Management Division -- Planning Regulation Phone: 239 -252 -2931 Fax: 239 -252 -6357 N kavdeselemonzlliergoy.net 0 N 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 once by telephone or in writing. Desele€iKa Subject: ocation: Start: End: Show Time As: Recurrence: Meeting Status: Pre -App Meeting - PL -2010 -1550 Conference Room "C" Wed 9/8/2010 1:15 PM Wed 918/2010 2:15 PM Tentative (none) Not yet responded 7/24/2012 Item 9. B. Organizer: CDS -C Required Attendees: DeselemKay; stephaniekarol @hmeng.com; ashton_h; AuclairClaudine; beard_I; BradfordAlison; BrownAraqueSummer, CallisCraig; chrcanowski_s; DarcoChristopher; GreeneMichael; jarrell_p; KurtzJerry; Iongo_r; McKennaJack; PauloMartins; PodczerwinskyJohn; RussoAnthony; SawyerMichael; valera_c; weeks—d; wiley_r; WilliamsSteven When: Wednesday, September 08, 20101:15 PM -2:15 PM (GMT - 05:00) Eastern Time (US & Canada). Where: Conference Room "C" Dote: The GMT offset above does not reflect daylight saving time adjustments. "1 a 2010082715451085 2010082715445445 S. pdf O. pdf PLEASE READ ATTACH. KAY WILL GATHER MORE INFORMATION. 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 -483- W N N r O N d' N I,-- 7/24/2012 Item 9.13. Packet Page -485- N N C) N N ti I hereby certify that pursuant to Ordinance 2004 -41, the Collier County Land Development Code, as amended, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement whicli are hereby made a part of this Affidavit of Compliance. (Signature of Applicant) ROBERT L. DUANE (Printed name of Applicant) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this 26th day of July, 2011 by ROBERT L. DUANE, who is personally known to me or who has produced Awykoua —o Voo6i (Signat re of Notary Public) �<a vo 1 Printed Name of Notary Revised 7126111 as identification. H:\2010\2010047\RLD\PUD Amendment\NW\Affidavit of Compliance -N14 7- 26- 11.doc (Notary Sea[) STEPHANIE KAROL MY GOMMISSIOtd DD 755816 PIRES: March 9, 2012 } d c Bonded Thru Notary Public Undemrilers 7/24/2012 Item 9.13. Nap es Dafly B-Tevus . Thesuay, -inky GO, au'ai o am PUBUC. NOTICE PUBLIC NOTICE PUBLIC NOTICE OOD The public is invited to attend a neighborhood meeting held by Parklands Associates''. I, LLLP, represented by Robert L. Duane, AICP, of Hole Monte's, Robert .J. Mul here, AICP of Muihere & Associates, LLC, and-R. Bruce Anderson, Inc.., sq. of Roetzel & =Andress;; L.P.A, on: ;.Monday, Augisst 1;2011 of 5:30 p.m.'' 'Si. Ntor►ica's Episcolsal` Church; Fedowship. � bIC. 70 0 lrtinokales Road,: Rlaples, Florida 34919;;: < : Subject;Property c6pi ists of al proximately;64L acres in The Parklands.PUD &d'. DRI'Rroperty located -south of the Lee}6o6'n y'Ime.ih Section 9 Township 48 :South,• Range 26 East, in'Collier:County; Florida.:: The property owner(s) :are:re'questing to rezone 6421 acres kriown •as The. Parklands Planned Unit DeVelopnient (PUD)toYhe.Parkl�6ds Residential'Planned Unit•Develop= merit (RPUD). The request is- ''also to amend Ttie Parklands bevelopmehf•of.Region -, al Impact (DRI) .Development Order to make it consistent witFi tNe proposed` zoning ,:.;... change and to extend buildout date. The reioriing request,is to reduce'the: maxi mum .residential.density from 1;603 dwelling units to 850 dwelling units to eliminate, the golf cqurse:and to,jncrease the size of thb preserve area from-..158 ±: acres to 341± acres, and to include miscellaneous changes•to the developmept.reguiations,_The ap- plication also includes the County's previously planned extension of Logan Boulevard• north to connect to Bonita Beach Road. in Lee County.* ` �f WEST RRY ST. 'EA T 7E RY sr. - t' ✓-=--� -.:. BONITA BEACH ROAD _• �S C; LEE co NTY. . COLUER OUNTY . Q O o PROJECT-.; F . LQCpiT[OR IMMOKALEE ROAD •l�` 41 O i GULF OF I $ �, •: z = ° MEXICO ; < I� VAN DE ILT BEACH RD <' LOCATION MR.h ... ; -lNE V�ti.UC YOUR lAtAti L 1 I Business and property owners, residents and visitors are welcome to attend the pre- sentation and discuss-the project with the owner /developer and Collier- Coun•ly staff. If you are unable to attend this meeting, but have questions or comments; tli6y'can be directed by mail, phone, or e-mail to: . Kay Deselem, AICP, Principal Planner. Growth Management Division Department of Land Development Services 2800 N. Horseshoe Drive, Naples, Florida 34104. . Phone: (239) 252 -2931 kaydeselem@colliergoy.net Packet Page -487- *4M HOLE MONTES E14GINEERS - PLANNERS - SURVEYORS LANDSCAPE ARCHITECTS 950 Encore Way • Naples, Florida 34110 • Phone: 239.254.2000 • Fax: 239.2542099 July 15, 2011 Re: The Parklands PUDA -PL -2010 -1551 & DOA -PL -2010 -1550 HM File Igo.: 2010.047 Dear Property Owner: m 6 Please be advised that the Parklands Associates I, LLLP has made a formal application to Collier E County to rezone 642= acres known as The Parklands Planned Unit Development (PUD) to The Parklands Residential Planned Unit Development (RPUD) in Section 9, Township 48 South, N Range 26 East in Collier County, Florida. The request is also to amend The Parklands O Development of Regional Impact (DRI) Development Order to make it consistent with the Nproposed zoning change and to extend the buildout date. The rezoning request is to reduce the Cy maximum residential density from 1,603 dwelling units to 850 dwelling units, to eliminate the i golf course and to increase the size of the preserve area from 158 acres to 341± acres, and to include miscellaneous changes to the development regulations. The application also includes the County's previously planned extension of Logan Boulevard north to connect to Bonita Beach Road in Lee County. In compliance with the Land Development Code requirements, a Neighborhood Information Meetin will be held to provide you an opportunity to become fully aware of the development intentions and to give you an opportunity to ask questions. The Neighborhood Information Meeting will be held on Mondav, August 1, 2011 at 5.30p.m. at St. Monica's Episcopal Church, Fellowship Mall, 7070 Immokalee Road, Naples, FL 34119. At this meeting the petitioner will make every effort to illustrate how the property will be developed and to answer any questions. Should you have questions prior to the meeting, please contact me. Very truly yours, DOLL MONTI✓S, INC. REPRESENTING THE PARKLANDS ASSOCIATES I, LLLP Robert L. Duane, AICP Planning Director RLD /sek H:\2010\2010047\RLD \PUD Amendment\NJh4\Property Owner Letter 7- 15- 2011.docx Naples • Forl Myers Jse Aver 7empfaie 5T60g Feed Paper expose Pop -up Edge" 1 PODANY, MAUREEN L NERIN HOUSE NERIN HOUSE 7/24/2012 Item 9.13. GERBER, PAUL S KEENAN, MARK A LAWRENTZ, DANA R & REBECCA S JOYCE M GERBER JOHN C KEENAN BRADEN S KOEGEL 6369 HIGHCROFT DR NAPLES, FL 34119 -8443 6381 HIGHCROFT DR ISLE OF MAN 1M1 1EL NAPLES, FL 34119 -8443 500 PICKFORD PT BOYKiN; ROBERT -& PAUL4 — - - 4440 METROPOLIS AVE STE 103 LONGWOOD, FL 32779 -2854 6223 HIGHCROFT DR GILMAN KEITH MACKENZIE TR, MOM C W S NAPLES LLC 6363 HIGHCROFT DR MOM C MACKENZIE TRUST 3927 ARNOLD AVE NAPLES, FL 34119 -8443 UTD 9/23104 NAPLES, FL 34104 -3373 6357 HIGHCROFT DR NAPLES, FL 34119 -8443 W S NAPLES LLC FLORIDA LIFESTYLE HOMES SOLOMON, RAPHAEL A 3927 ARNOLD AVE OF FT MYERS INC 14440 METROPOLIS AVE STE 103 84 ELISA LANDI DR KINGSTON, NY 12401 -7405 NAPLES, FL 34104 -3373 FORT MYERS, FL 3391214364 MOUKIOS, PETER W S NAPLES LLC QUAIL. WEST FOUNDATION INC FRANK ACCA 3927 ARNOLD AVE 5950 BURNHAM RD NAPLES, FL 34119 -8400 GEORGE XRONHELV1ER NAPLES, FL 34104 -3373 1133 TICE PL WESTFIELD, NJ 07090 -2741 QUAIL. WEST FOUNDATION INC QUAIL WEST FOUNDATION INC IRONSTONE 5950 BURN-HA.M RD 5950 BURNHAM RD �� WAECHTER, POITEVENT, CARRERE & DENEGRE NAPLES, FL 34119 -8400 NAPLES, FL 34119 -8400 601 BRIO KELL KEY DR STE 500 MIAMI, FL 33131 -2699 SOMAS, JON GREGORY FREEMAN TR, ALAN C CASTHELY, YANICK LLNDA ANN THOMAS LAND TRUST 13891 JETPORT LOOP STE 9 6297 HIGHCROFT DR NAPLES, FL 34119 -8496 164 CHARLES PARK DR COUNCIL BLUFFS, IA 51503 -8411 FORT MYERS, FL 33913 -7716 W S NAPLES LLC QW INVEST]YIEN T PROPERTIES LLC RUBIN, JEFFREY 3927 ARNOLD AVE 1200 US HIGHWAY 46 5651 NAPLES BLVD NAPLES, FL 34104 -3373 CLIFTON, NJ 07013 -2440 NAPLES, FL 34109 -2023 HAGALE, JAMES & MARY M DENT, MICHAEL T & MARY S W S NAPLES LLC 6271 HIGHCROFT DR 6265 HIGHCROFT DR 3927 ARNOLD AVE NAPLES, FL 34119 -8496 NAPLES, FL 34119 -8496 NAPLES, FL 34104 -3373 GLOBESTER HOLDLNGS OF FLA LLC GLOBESTAR HOLDINGS OF FLA LLC PODANY, MAUREEN L NERIN HOUSE NERIN HOUSE 6241 HIGHCROFT DR 26 RIDGEWAY ST 26 RIDGEWAY ST NAPLES, FL 34119 -8496 DOUGLAS DOUGLAS ISLE OF MAN 1M1 IEL ISLE OF MAN 1M1 1EL 4 NI?PIPER REAL EST ASSOC LLC - KORN, JASON H & SA - -- BOYKiN; ROBERT -& PAUL4 — - - 4440 METROPOLIS AVE STE 103 7165 MILL RUN CLR 6223 HIGHCROFT DR ORT MYERS, FL 339124364 NAPLES, FL 34109 -7218 NAPLES, FL 34119 -8496 tti q ;-s` tee r aches A its A . -+k � a h re -min ee utiiisez le gabarit AVE ' 51600 �` ord P &�sr Packet Page - 489 Pop-up!':-* - �-A ' eAveryO Terrioiatie 51600 Feed Paper � expose Pop -up EdoeT'4 ,RKLANDS ASSOCIATES I LLLP 00 SAWGRASS CORPRT PKWY 11400 7NRISE, EL 33323 -2890 allMANDS ASSOCIATES I LLLP 00 SAWGRASS CORPRT PKWY #400 JNRISE, FL 33323 -2890 ICOLLIER JOINT VENTURE R ORERT G CLAUSSEN .(10489 m S, FL 34101 -0489 0) E N = ,LIER JOINT VENTURE N .ERT G CLAUSSEN "T— K 10489 N .S, FL 34101 -0489 d' N ti ", ,LIER JOINT VENTURE ROBERT G CLAUSSEN O BOX 10489 APLLS, FL 34101 -0489 OARD OF COUN'T'Y CONCAUSSIONERS F COLLIER COUNTS' 209 - `PAWfAMT TRAIL EAST, STE.303 APLLS, FL 34112 -5746 =NA. TR, DEBRA LYN 1A.UGER1 FAMILY TRUST rT'D 12/23199 3555 POND APPLE DR E IDLES, FL 34119 -8569 DUAIL WEST FOUNDATION INC 950 BURNIIAM RD NALES, FL 34119 -8400 tOSS TR, JOB-N & RUTH L tOSS FAMILY TRUST = 02/15/90 .3286 LAZZA RO CT ;STERO, FL 33920--6390 2U"_AM WEST FOUNDATION INC ;950 BURN -H" RD , gAPLES, FL 34119 -8400 PARKLANDS ASSOCIATES I LLLP 1600 SAWGRASS CORPRT PKWY 9400 SUNRISE, FL 33323 -2890 . IMCOLLIER JOINT VENTURE ROBERT G CLAUSSEN PO BOX 10489 NAPLES, FL 34101 -0489 IMCOLLIER JOINT VENTURE % ROBERT G CLAUSSEN PO BOX 10489 NAPLES, FL 34101 -0489 IMCOLLIER JOINT VENTURE /o ROBERT G CLAUSSEN PO BOX 10489 NAPLES, FL 34101 -0489 IMCOLLIER JOINT VENTURE % ROBERT G CLAUSSEN PO BOX 10489 NAPLES, FL 34101 -0489 QUAIL WEST LTD 215 CELEBRATION PL STE 200 CELEBRATION, FL 34747 -5421 GERLACH TR, JAMES M JANINA GERLACIH TR GERLACH COMMUNITY PROP TRUST UTD 6/12/96 PO BOX 135306 CLERMONT, FL 34713 -5306 QUAIL WEST FOUNDATION INC 5950 BURNHAM RD NAPLES, FL 34119 -8400 W S NAPLES LLC 3927 ARNOLD AVE NAPLES, FL 341M-3373 NICHOLSON, JOHN F TINA NICHOLSON 8543 BELLAGIO DR NAPLES, FL 34114 -6434 COLLIER CNTY IMCOLLIER JOINT VENTURE ROBERT G CLAUSSEN PO BOX 10489 NAPLES, FL 34101 -0489 IMCOLLIER JOINT VENTURE °/a ROBERT G CLAUSSEN PO BOX 10489 NAPLES, FL 34101 -0489 IMCOLLIER JOINT VENTURE % ROBERT G CLAUSSEN PO BOX 10489 NAPLES, FL 34101 -0489 GLH DEVELOPMENT LLLP SUITE 300 1600 SAWGRASS CORP ORATE PKWY SUNRISE, FL 33323 -2891 CAVUOTO, DOM NICK CAVUOTO, RITA MARIE 4888 POND APPLE DR N NAPLES, FL 34119 -8584 QUAIL WEST FOUNDATION INC 5950 BURNHAM RD NAPLES, FL 34119 -8400 MUSLUvlANI, DENISE PO BOX 110127 NAPLES, FL 34108-0103 QUAIL WEST FOUNDATION INC 5950 BURNEIAM RD NAPLES, FL 34119 -8400 CARTER, PATSY D 6387 HIGHCROFT DR NAPLES, FL 34119 -8443 'tscluettes fareies b peter ; A �e i, Is we de _� g ® car gs2 rev&ier 6e rabord Pop-up' �filis _ iE. af�ariltERY� ��6Q Use AveryO Temaiate 516600 feed Paper expose Pop-up Edger^ 7/24/2012 Item 9.B. QUAiL'WEST FOUNDATION INC QUAIL WEST FOUNDATION INC FREEMAN, ALAN C 5950 BURNHAM RD 5950 BURNHA.M RD 13891 JETPORT LOOP STE 9 NAPLES, FL 34119 -8400 NAPLES, FL 34119 -8400 FORT MYERS, FL 33913 -7716 GILROY, WMLIAM F & IRENE L W MANN ET AL, KARNIG HAYES JR, NORMAN R & ALICE S 6215 BIGHCROFT DR 14 SERENA LANE 5000 ROYAL MARCO WAY UNIT 436 NAPLES, FL 34119 -8496 GUELPH, ON MARCO ISLAND, FL 34145-7800 1 -GO.-AVERY CANADA NIL IE7 FLORIDA LIFESTYLE HOMES INC LEWIS, DAVID FREEMAN, ALAN C 14440 METROPOLIS AVE STE 103 BRADEN S KOEGAL 13891 JETPORT LOOP STE 9 FORT MYERS, FL 33912 -4364 821 ELLW OOD AVE FORT MYERS, FL 33913 -7716 ORLANDO, FL 32804 -7222 CARROLL, DANIEL F & JANIS F WOLFORT TR, DAVID A QUAH. WEST FOUNDATION INC 5872 Bi7RNHAM RD BARBARA. V WOLFORT TR 5950 BURNHAM RD NAPLES, FL 34119 -8431 DAVID A WOLFORT LIV TRUST NAPLES, FL 34119 -8400 BARBARA V WOLFORT LIV TRUST 70 RIDGECREEK TRL MORELAND HILLS, OR 44022 -2379 JOSHUA, BASKARAN & GRACY JOSHUA,13ASKA.RAN & GRACY JOSHUA, BASKARAN & GRACY 225 TURNBERRY CT N 225 TURNBERRY CT N 225 TURNBERRY CT N ATLANTIS, FL 33462 -1028 ATLANTIS, FL 33462 -1028 ATLANTIS, FL 33462 -1028 �tlqueftes facitap. '� peEer. ; A P--Oka a �.- ?MA. f `ale► [ititisez te,gabarit A VERYO 5560® 1 ch�ax Packet Page - 491 - � Pop-up- 1 -GO.-AVERY i , UseIAvery® Template 51620 Feed Paper MEM 1 .. a� N 0 N d N t` Quail Creek Village Homeowners Assoc. 11875 Quail Village Way Naples, FL 34119 Olde Cypress Master Association 3045 Olde Cove Way Naples, FL 34119 Quail Creek Estates 4886 Pond Apple Drive Naples, FL 34119 expose Pop-up Edge" �J Mary Gibbs, Director of Community Development Lee County Zoning & Planning 1500 Monroe Street Fort Myers, FL 33901 Quail West Homeowners Association 5950 Burnham Road Naples, FL 34119 Quail Creek Property Owners Assoc. 4886 Pond Apple Drive Naples, FL 34119 t-dqueites fadles a peter �` i Repllez 5 Ea had3 =..rre afin de a ery� cart Serts de reveler to rebord Pop -upTM 1- 804-GO -AVERY utilisez le gabarit AVERY'5 51626 ccnaraement 1 7/24/2012 Item 9.13. THE PARKLANDS NEIGHBORHOOD INFORMATION MEETING AUGUST 1, 2011 NAME ADDRESS TEL. NO. P. 70 V S� C-\A ti- C Or Z_ fz L. C _ 7L _NA-L �=-� if �J�Z�`� 1,115 C� 1 40 � 2 HA2010\2010047\RLD\PUD Am.andrnent\NM\N2A Sign-In Sheetdoc Packet Page -493- P a� N 0 N d' N ti THE PARKLANDS PROJECT PROPOSED CHANGES The Parklands PUD/DRI was originally approved in 1985 to allow 1,603 dwelling units. The principal changes are as follows: 1. Reduction in the number of dwelling units from 1,603 to 850 units. 2. Elimination of the golf course. 3. Increase in the size of the preserve area from 158± acres to 341± acres. With regard to the proposed uses, the principal (primary) uses are essentially the same. These include single - and - multi - family uses, a site for a public school (15 acres) and recreational facilities as set forth in Exhibit A, the proposed use list. The .proposed use list, Exhibit A, generally only differs from the current PUD with minor changes to the accessory uses. These include eliminating a park site, a chemical storage building for the golf course, and miscellaneous changes of a similar nature that will have no discernable impact on nearby properties. These same changes are proposed for the DRI Development Order to make it consistent with the PUD, along with a proposed extension of the DRI buildout date. Parklands PUD PUDA- PL2010 -15551 NIM hand -out from agent mim 8/1/11 7/24/2012 Item 9.13. Parklands PUD PUDA- PL2010 -15551 NIM hard -out -From agent NIM 8/1/11 Packet Page -495- a� N 0 N d' N ti 1. EXIMIT A PER.AU I'ED USES Parklands PUD PUDA -PL 2010 - x.5551 NIM hand -oast from agent NIM 8/1/11 GENERAL USES PER1V1ffTED THROUGHOUT THE RPUD EXCEPT IN THE PRESERVE AREA (P) A. Permitted Principal Uses: 1. Agricultural uses including related accessory uses and structures. Agricultural uses in any particular area shall be completely terminated prior to the issuance of any residential building permits for that area. 2. Essential services as provided for in the LDC that do not require a Conditional Use. 3. Water management facilities and related structures including lakes with or without bulkheads or other architectural or structural bank treatments. 4. Playgrounds, playfields, lakes, commonly owned open space, and pedestrian sidewalks/bikepaths. 5. Lake excavation. 6. Landscape features including, but not limited to, landscape buffers, berms and walls in accordance with the LDC. 7. Model homes and sales centers. 8. Guardhouses, gatehouses, and access control structures (located outside the Logan Boulevard North ROW). 9. Parks, recreational facilities and community centers. 10. Any other principal use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. B. Permitted Accessory Uses 1. Tennis clubs, health spas, dining facilities and other recreational clubs primarily to serve residents and guests. 2. Community maintenance areas, maintenance buildings, utility storage buildings, irrigation water and effluent storage tanks and ponds. Page 1 of 18 H_\2010\2010047\RLD\PUD AmendmentLnd Resubn ittal \The Parklands RPUD PUDA -PL- 2010 -1551 (7- 20- 2011).doc 7/24/2012 Item 9.13. 3. Signs, as permitted by the LDC provisions in effect at the time building permits are requested with deviations as stated in Exhibit E of this Ordinance. 4. Open space uses and structures including, but not limited to nature trails, riding trails, fitness trails and shelters, boardwalks, gazebos and picnic areas. 5. Docks, piers and the like, for residential use constructed for purposes of lake recreation for residents of the project. b. Shuffleboard courts, tennis courts, volleyball courts, swimming pools, tot lots and other similar facilities intended for outdoor recreation. 7. Accessory, incidental and subordinate commercial activities such as, but not limited to, those provided herein, shall be of such scope and size and proposed intensity that they are primarily used by residents and their guests. 8. Commercial/retail establishments, including tennis equipment sales, gift shops, restaurants, cocktail lounges, and similar uses, intended to primarily serve residents and their guests. 9. Customary accessory uses or structures .incidental to recreational areas and/or facilities, and structures constructed for the purposes of maintenance, storage, or shelter with appropriate screening and landscaping. 10. Telecommunications facilities, including but not limited to, digital, fiber optic, microwave, satellite, UHF, VHF, FM, AM short-wave, and other sending and receiving facilities and structures, subject to applicable permitting and written approval by the developer or master homeowners' association that do not require a Conditional Use. 11. Any other accessory use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. 2. RESIDENTIAL (R) Parklands PUD PUDA- PL2010- 15551 A. Permitted Principal Uses NIM hand -out from agent NIM 9/1/11 1. Single- family detached dwellings. 2. Single- family zero lot line dwellings. 3. Single- family attached and townhouse dwellings. Page 2 of 18 H:\2010\2010047\RLD\PUD Ammdment\2nd Resubn itW \The Parklands RPUD PUDA -PL -2010 -1551 (7- 20- 2011).doc Packet Page -497- ITS N O N N ti Parklands PUD PUDA- PL2010 -15551 4. Two- family and duplex dwellings. NIM hand -out from agent NIM 811/11 5. Multi- family dwellings. 6. Model homes conforming to housing types described in 2.A.1 through 2.A.5 above. 7. Any General Permitted Principal Use listed in Section LA of this Ordinance. 8. Any other principal use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. B. Permitted Accessory Uses 1. Customary accessory uses and structure, including but not limited to private garages and swimming pools, spas, screen enclosures, gazebos, and recreational facilities designed to serve the development. 2. Signs as permitted by the LDC provisions in effect at the time building permits are requested including the standards of Exhibits B and E of this Ordinance. 3. Common area recreation and utility facilities. 4. Any General Permitted Accessory Use listed in Section LB of this Ordinance. 5. Any other accessory use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. C. Density 1. A maximum number of 850 dwelling units may be constructed as set forth in the Development Standards Table. 2. Density may vary according to the housing type placed on each tract. 3. Single - family housing types may be mixed with respect to housing structure and lot orientation within the same platted tract, which may include single- family detached (zero - lot -line and non - zero - lot - line), single - family attached and townhouse. However, single- family and multi- family housing types may not be mixed on the same platted development tract. Page 3 of 18 W2010\2010047=TUD Amendment\2nd ResubmittajMt Parklands RPUD PUDA -PL -2010 -1551 (7- 20- 2011)_doc 7/24/2012 Item 9.13. Par:cdands PUD PUDA- PL2010 -1 S51 3. PRESERVE (P) NIM hand -out from agent NIM 8/1/11 A. Permitted Principal Uses 1. Nature trails including boardwalks and pedestrian/bicycle bridges; 2. Recreational shelters and rest rooms in upland preserves only; 3. Benches; 4. Viewing platforms; S. Paths and bridges to provide access from the uplands; 6. Drainage and water management structures; 7. Any uses in addition to the foregoing permitted in preserve areas by the LDC in effect at the time of RPUD approval; and 8. Any other principal use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. B. Permitted Accessory Uses 1. Accessory uses and structures customarily associated with the uses permitted in the Preserve Area, including landscaping, revegetation and restoration; and, minimum excavation, when required for restoration or for water management facilities. 2. Any other accessory use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. 4. SCHOOL SITE (S) A. Permitted Principal Uses 1. No uses other than a public elementary school shall be allowed on the School Site unless the developer or master homeowner's association records a notice in the public records that this restriction has been waived in whole or in part. If so waived, any of the principal and accessory general and residential uses permitted in the RPUD are also permitted on the School Site. This restriction may be recorded in the public records and shall be included in the deed to the School Board- Page 4 of 10' HA2010\2010047\RLD\PUD Ainendment\2nd ResubmimlMe, ParlJa*ids RPUD PUDA -PL- 2010 -1551 (7- 20- 2011).doc Packet Page -499- N 0 N N ti 5. rel 7. 0 B. Permitted Accessory Uses 1. Access control structures, pedestrian sidewalks, communication facilities and similar uses accessory to a school site. BUFFERS (OSB) A. The perimeter buffer along the western property line shall be 35 feet in width and may be located within the area previously conveyed to Collier County as right of way (60 feet in width) and subsequently conveyed back by Collier County (per O.R. Book 3603, Page 858). The portion of the perimeter buffer located along the northern property line adjacent to the development area shall be 35 feet in width. The southern, northern and eastern perimeters that are contained in the preserve area shall be deemed to satisfy the LDC requirements for buffers along these perimeters. B. A final determination shall be made of the type of buffers required at the time of SDP or plat approval based on the adjacent land uses. LAKES (L) A. The minimum lake setback to right -of -way, road access easement, or external property line, including those adjacent to Logan Boulevard North, may be twenty (20) feet if the right -of -way roadway access easement, or external property line is properly protected in the vicinity of the lake. SIGNAGE A. Boundary Markers: Two boundary markers or monuments may be located at the project development area, adjacent to Logan Boulevard North right -of -way (see Exhibit C -1). B. Project Entrance Signs: Two ground or wall- mounted Parcel Entrance Signs may be located at the main entrance of the RPUD on Logan Boulevard North (see Exhibit C -1). C. See Exhibit E for sign deviations. CROSS SECTIONS A. See Exhibit C -2 typical roadway cross sections. Page 5 of 18 Parklands PUD PUDA -PL 2010 - x.5551 NIM hand-out from agent IM 8/1/11 H.\2010 \2010047 \RLD\PUD Amendment\2nd ResubmittallThe Parklands RPUD PUDA -PL- 2010 -1551 (7- 20- 2011).doo ,Pn!hn ®. mc(Gowan, Chairman Maltsaeet Hanson, Vice Chairman P1I1111 J. Moriarty, Sr. Treasurer J. Clrristopllcr Lombardo, 1 collimissimier James 13111-ke, Coirlrnissionec June 9, 2011 7/24/2012 Item 9.13. 1885 Veterans ]Park ]Drive Naples, k+lL 34109 (239) 597 -3222 Fax (239) 597 -7082 DkTorth NaplleE, )_'fire Colfll roR ,,an d Rescue District PUDA- PL2010 -1551 REV:3 Kevin Ratterce PARKLANDS Parklands Associates I, LI,P DATE: 7127/11 DUE: 5124111 C L 1-loine:s 1600 Sawgrass Corporate Parkway Suite 400 Sunrise, 17J, 33323 Re: Parklands PUD — Collier County Number: FOA -PL 201.0 -1550 Dear Mr. Ratteree, In response to your letter dated May 31, 2011, the Board of Fire Commissioners of the North Naples Fire Control and Rescue District, by unanimous motion at the Julie 9, 2011 meeting, approved your recluested. revision to the PUD Development Order language relating to the above referenced project. As your letter idcrntifies, this revision will remove the conrmitm.ent of the developer to make cash payments to the North Naples fire District per the agreement dated August 14, 1985, and will instead require the developer to pay fiire impact tees to the District in accordance with statutory and local requirements. As a result of the payment of file h-ripact fees by the Developer at the time of the receipt of the each building pC1111it within Parklands, the District will have the resources, tacitities, equipment mid personnel to provide services to the PUD. f you Dave any questions, please do not hesitate to contact me. Very ti,l11y�.yours, JOIN 0...1vic 'OWAN Chairhq,aja,,'�3oard of Fire Commissioncl:s Packet Page -501- W N T_ O N N ti °tom a--� :•Lu7 t .n a XT .9 i Fire , i 1i D nt. L orun 1� &P.LOS A' Ere Control 1L�r C3Ti� 1LyzB T`l�rc ;4i�; "!, -• 1441 PINE RIDGE ROAD r J`IAPLES, FLORIDA 33942 .' (613) 547.3222 L August 30, 1985 •• Mr. Frederick J. Voss, Chairman Board of Co=issioncrs of Collier•.pounty s' Government Center �`�� Tamiami Trail, East Naples, Florida 33939 Dear Commissioner Voss: q,q� i Please be advised that an agreement has been reached between the Com- miecioners of this District and the principalo of a planned unit devel- opment ]mown as "The Parklands" with regard to mitigation of the im- pact of the P.U.D, to the additional fire services facilities that this District will have to provide in the future in its northeast corner where' The Parklands proposes to establish its development. Confirmation of the *basis of the agreement will be found in the attached copies of correspondence as follows: (1.) letters dated 8/21/85'and also 8/23/85 written to the District by Agnoli, AssaadI Barber, & Bruilda e who have to date represented xhe parklands, and (2.) letter dated 823/85 ar^ittsn to Agnoli, Aaaaad, Barber, & Brundage by this District. A summary of the basis of the - agreement is as follows: (1.) The Parklands will pay the District a total aum,of 2112,500.00 which will be spread over a period of 10 years with 10 equal payments of $11,250.00 each. The first payment will be due when the developer receives his first residential. -building permit in the District and the date of this payment will 1110- tablish the "an:aiversary date" of the remaining 9 equal yearly payments. (2.) The monies shall be utilized for the new fire station that will eventually be built tv aorvice tho genaral area which will include The Parklands. E 4 i i (3.} Should impact fees be adopted for fire protection pur- poses, then the Donor /Daveloper shall be credited the above sum(e) against Ruch impact fees. (¢;) The agroement is contingent upon securing all of the neaded approvals and permits for the Parklands and shall.become part of the DRZ /PUD document (when and if issued) and shall "go with the land ". mx ®21 PI" Respectfully Submitted, North Naples Fire Control & Rescue District Bys Ilon 1. Maxant, Chairmm PUDA- PL2010 -1551 PARKLANDS DATE: 5/2111 DUE: 5131111 REV:2 7/24/2012 Item 9.13. aeC- - Item $23 ?arch 18, 19 8'a 303 DW=IPTI€1NS AND PAY 6RAD1'.S 80R FACILITIES HASAGZZ=T DIRECTOR, PAY aRAD9 3-06, $28- 489 - 040,585! SUILDIXG KAIM€TS'NAVCX DIRECTOR RL- CLRSSIrIEP T'0 3uumsr. M;AIMSTminc6 SunRINTOmENT, PRY GRADE P -14, 123,141- 832,349 Item #30 PRRCIASS Og WORRERSO COMPENSATION SPECIFIC 13TOP LOSS COV'ERWE '1`SROFCH Z"LOYMS RSIESU CX CORPt3RAILION AT A PREMiIUM9 OF ;32,860, 9?rZCT ;VS MARCH is, 1986 Item 431 CERTIFICATES OF CORRECTIOS.TO T8£ TAX ROLLS 1935 Tanglbl.0 Fsfgonal Prop*rty Nom. 19855-137/139 Date& nik"- I6sfsc, gten 032 CYTRA GAIN TINC rOR I2 X TS NC 132253 Item #33 MISCELLANEOUS CORRL'SPOSEv-vCG_FILED A14D /OR REFERRED 3. Ndmorandum dated 03 /05/86 from Karen Anthony, Siting raordi., nation Section, DER, regarding High Speed Rail'Program Per- sluing Requirements - Referred to Pam Hrangaccio, vick42 Mullins, Jeff Parry and filed. 4. Lettar dated 03/07/86 from Douglas L. Fry, DER, enclosing !j!f ithart farm application (File Non. 111169695, 111170295, And 111169435) xhich involves dredge and fill activities. Referred to Burt Saunders (Clare Pass saetlan), Nlckie M9ullina, Dr. Proffitt and filed, 5.. final Order dated 02/19/86 from gobert C. Dean, Director, Division of Haaches and Shares, DUR, administratively approving modification of a permit! permitted, Collier County, Thomas E. Kuck, Public Ixorks. Referred to Burt Saunders, flail Darrill; Tom Kuck and filed. 608 �PkGE.� t Page 25 P U DA- PL2010 -1551 PARKLANDS DATE: 512111 Packet Page - 503 -"—" DUE: 5131111 REV:2 es N a-+ N r O N N i` • •r ;07� i,y92=577 march 18, 1985 . 6. Ke- morandum dated 03/07/86 from Fiscal Officer James C. Giles, to the Board, regarding Report of Expenditures and Remaining SOgsts as of Jan. 31st Justice Center and Courthouse Expan- sion projects. Referred to Lori Zalka and .sled. 7. Memorandum dated 03/30/86 froe Racal of €icer Janos C. Giles, to the Board, regarding $24.290,,000 Water -Saver Revenue i Refunding Bonds and attaching analysis, Ralatred to Lori Zalka and filed. S. notice dated 03/05/86 from the International Assoc. of Fire Fighters, Local 2396, East Na'plds, staking that employees of EMS have' petitioned to join the local and their agreeing to accept these, and attaching form Request for Recognition and copies of employees, application for membership. Referred to Don Lusk, Burt Saunders, Nail Dorrill, Personnel and filed. 9. Notice of Voluntary Dismissal recrived 03106186 from David L. Jordan, Sr., Attorney, DCA, Land and Water Adjudicatory Com- mission, regarding Resolution 85 -267, Development Order for DRT known as the Parklands. Referred to Pam Brangeclo, Victe Mullins and filed. 10. minutes of ZMSAC of 02/12/86 and agenda for 03/02/66. Kinutem of Library Advisory Board of 01/23/86. 11. notice to State and Local Covernment Public Official recived 03/10/96 from the U.S. Dept. of Labor, summarizing Compensa- tory Tian Off, multiple Job situations, Volunteers. Discrimi- nation, Liability and Deferred payment, and the Effective Date of the Pair Labor Standards Avendments. Referred to Burt Saunders, Pas Brangaecio, Herb Luntt and filed. sea Recezz 11:25 A.A. until 7830 P.M. ome ). 4. �• ♦ l .. G. t. Page 26 r ^. r, 1 i 7/24/2012 Item 9.13. Environmental Advisory Committee (EAC) Waiver Request The following is an excerpt from Collier County Code of Ordinances Section 2 -1193. The applicant has provided responses to (m) 1 -6 below in support of the project's Environmental Advisory Committee (EAC) waiver request: (na) Scope of land development project reviews. The EAC shall review the following: 1. Any Planned Unit Development (PUD) that requests a deviation from environmental standards of the Land Development Code (LDC) or any development order that requests a deviation from the provisions identified in Growth Management Plan (GMP) Conservation and Coastal Management Element (CCME) Policy 6.1.1 (13). Response There are no environmental deviations requested for this PUD amendment. 2. Any petition for which environmental issues cannot be resolved between the applicant and staff, and which is requested by either party to be heard by the EAC. Response There are no unresolved issues with county environmental services staff. 3. Any petition which requires a hearing by the Collier County Planning Commission (CCPC) or the Board of County Commissioners (BCC), and by vote of CCPC or BCC requires the petition to be reviewed by the EAC. Response This is to be determined, pending meetings with the CCPC and the BCC. 4. Conditional Use (CU) petitions for commercial excavations which are notpart of an approved subdivision. PUDA- PL2010 -1551 REV:2 PARKLANDS DATE: 5/2/11 DUE: 5131/11 Packet Page -505- S e r N N O N d' N ti Response There are no CU petitions associated with this PUD amendment request. Any CU or rezone for the following: a. Undeveloped Coastal Barriers; Response The project is not located within or adjacent to an undeveloped coastal barrier. b. Area of Critical State Concern /Special Treatment (ACSC /ST) zoning overlay, unless an exception or exemption pursuant to section 4.02.14 LDC is granted; Response The project is not located within an ACSC /ST overlay. C. Rural Fringe Mixed Use District Sending Lands; Response The project is not located within the Rural Fringe Mixed Use District Sending Lands. d. Coastal High Hazard Area where shoreline alteration or direct impacts to mangroves (excluding mangrove trimming) is proposed; Response The project is not located within the Coastal High Hazard .Area. e. Development with impacts to 500 or more acres of native vegetation (excluding impacts for environmental restoration). 7/24/2012 Item 9.13. Response The project is impacting less than 500 acres of native vegetation. 6. Any CU or rezone where the following listed or protected species have been identified on -site within the last 5 years: a. Active bald eagle (Haliaeetus leucocephalus) nests or their nest protection zones; Response There have been no active bald eagle nests or eagle protection zones within the project site within the past five years. b. Florida scrub jay (Aphelocon7a coerulescens); Response There have been no Florida scrub jays iderntifi.ed within the projects limits within the past five years. C. Nesting crested caracara (caracara cheriway); Response There have been no crested caracaras or crested caracara nests identified within the project limits within the past five years. d. Red - cockaded woodpecker (Picoides borealis) (RCNI) or active RCW cavity trees; Response There have been no RCW or active RCW cavity trees identified within the project limits within the past five years. e. Listed wading bird rookeries; Packet Page -507- N N O N d' N ti Response There have been no listed wading bird rookeries identified within the project limits within the past years. f. Burrowing owls (Athene cunicularia floridana) Response There have been no burrowing owls identified within the project limits within the past five years. _k TRANSPORTATION CONSULTANTS, INC. PUDA- PL2010 -1551 REV:1 PARKLANDS DATE: 12/29/10 DUE: 1/28111 TO: Mr. John Podczerwinsky Collier County Transportation Planning Department FROM: David L. Wheeler Project Consultant Ted B. Treesh President DATE: December 15, 2010 RE: Parklands DRI — Collier County Traffic Impact Analysis Update 7/24/2012 Item 9.B. FORT MYERS, FL 33901 -9356 OFFICE 239.2783090 FAX 239.278.1906 WWW.TRTRANS.NET TRAFFIC ENGINEERING TRANSPORTATION PLANNING SIGNAL SYSTEMS /DESIGN TR Transportation Consultants, Inc. has completed a supplemental analysis to accompany the original Traffic Impact Statement (TIS) dated October 7`h, 2002 for the Parklands Development of Regional Impact (DRI). Since the original TIS was prepared for the Parklands DRI, the intensity of the proposed development has been reduced and the build -out year of the DRI is in the process of being extended to 2021 through statutory extensions currently under review. As originally proposed, the Parklands DRI would consist of up to approximately 1,603 residential dwelling units- and a 27 -hole golf course. Due to changes in the site plan and the location of the proposed Logan Boulevard extension, proposed development on the subject site has been reduced to 850 residential dwelling units and no golf course is currently proposed. The Institute of Transportation Engineer's (ITE) report; titled Trip Generation, 8th Edition was utilized to estimate the trip generation potential of the Parklands DRI as currently proposed. In order to be conservative it was assumed that all residential development proposed on the subject site would be developed as single - family units. Therefore, ITE Land Use Code 210 (Single - Family Detached Housing) was utilized for the trip generation purposes of the proposed residential units. Table 1 outlines the anticipated weekday A.M. and P.M. peak hour trip generation of the Parklands DRI as currently proposed. The daily two -way trip generation is also indicated in the table. Packet Page -509- Iwo Q) N r O N N ti T TRANSPORTATION CONSULTANTS, INC. Table 1 Trip Generation Parklands C'.nllier DRY Mr. John Podczerwinsky Parklands - Collier County December 15, 2010 Page 2 As originally proposed, the Parklands Collier DRI could have been developed with up to 1,603 residential dwelling units and a 27 -hole golf course. The trip generation estimate for the originally proposed uses was obtained from the attached Traffic Impact Statement (TIS) prepared for the development. As the TIS prepared for the original Parklands Collier DRI did not analyze the A.M. peak hour, the trip generation comparison between the current and proposed uses was performed based upon the P.M. peak hour and daily trip generation. Table 2 indicates the trip generation of the Parklands Collier DRI as originally proposed as well as the reduction in trip generation due to the revisions in the number of dwelling units proposed. Table 2 Trip Generation Comparison Parklands Collier DRI - Ori -in.al vs. Currently Proposed 3. i Fv Mfg-- SP Yy�. f +w Lx�vi i x li 3 T Single - Family Original Uses 1,603 units & 27 hole golf course) 693 Dwelling Units 151 454 I 605 454 267 721 7,447 (850 units) __ _.. __ -7,447 (850 units) As originally proposed, the Parklands Collier DRI could have been developed with up to 1,603 residential dwelling units and a 27 -hole golf course. The trip generation estimate for the originally proposed uses was obtained from the attached Traffic Impact Statement (TIS) prepared for the development. As the TIS prepared for the original Parklands Collier DRI did not analyze the A.M. peak hour, the trip generation comparison between the current and proposed uses was performed based upon the P.M. peak hour and daily trip generation. Table 2 indicates the trip generation of the Parklands Collier DRI as originally proposed as well as the reduction in trip generation due to the revisions in the number of dwelling units proposed. Table 2 Trip Generation Comparison Parklands Collier DRI - Ori -in.al vs. Currently Proposed The trips shown in Table 1 were then assigned to the surrounding roadway network including the future Logan Boulevard extension north to Bonita Beach Road. The distribution of the project trips from the Parklands site onto Logan Boulevard was estimated based on a Select Zone analysis conducted utilizing the most up to date version of the FSUTMS model for Collier County. The most recent ZDATA files were obtained from the Metropolitan Planning Organization website and the model was ruri to determine the distribution of project trips with the extension of Logan Boulevard in place from Immokalee Road to Bonita Beach Road. A Level of Service analysis was then conducted on the Collier County roadway network based upon the projected 2021 traffic conditions. The existing roadway traffic data was obtained from the 2010 Annual Inventory Update Report (AUIR). Table lA indicates the Original Uses 1,603 units & 27 hole golf course) 693 363 1,056 11,200 Currently Proposed Uses -454 -267 -721 -7,447 (850 units) Net Reduction 239 96 335 3,753 The trips shown in Table 1 were then assigned to the surrounding roadway network including the future Logan Boulevard extension north to Bonita Beach Road. The distribution of the project trips from the Parklands site onto Logan Boulevard was estimated based on a Select Zone analysis conducted utilizing the most up to date version of the FSUTMS model for Collier County. The most recent ZDATA files were obtained from the Metropolitan Planning Organization website and the model was ruri to determine the distribution of project trips with the extension of Logan Boulevard in place from Immokalee Road to Bonita Beach Road. A Level of Service analysis was then conducted on the Collier County roadway network based upon the projected 2021 traffic conditions. The existing roadway traffic data was obtained from the 2010 Annual Inventory Update Report (AUIR). Table lA indicates the TRANSPORTATION CONSULTANTS, INC. 7/24/2012 Item 9.13. Mr. John Podczerwinsky Parklands — Collier County December 15, 2010 Page, 3 results of the Level of Service analysis based upon the current unit count and the revised 2021 build -out date. Table 1B indicates the project impact percentage for each roadway link within the study area. Table 1 C indicates the growth rates utilized for each roadway segment, which were determined through comparisons of the 2006 and 2010 AUIR's. Based upon the analysis, all roadway segments are projected to have sufficient capacity to accommodate the trip from the proposed development. An additional analysis was prepared based upon the future 2021 traffic conditions should the Logan Boulevard extension not be constructed north to Bonita Beach Road. Therefore, all traffic from the Parklands Collier development would be required to travel south along Logan Boulevard to Immokalee Road. Tables 2A, 2B, and 2C indicate the results of the Level of Service analysis without the Logan Boulevard extension. The results of the analysis indicate that all roadways within the study area are projected to have sufficient capacity to accommodate the Parklands Collier development should the Logan Boulevard extension not be constructed. Based upon the revised analysis including the updated unit count and updated build -out date of 2021 the Parklands Collier DRI is shown to satisfy the Collier County Growth Management Plan requirements indicated within the Transportation Element regardless of the construction of the Logan Boulevard extension north to Bonita Beach Road. Thus, . the Collier County arterial roadway network will operate acceptably after the addition of the proposed development traffic based on the currently proposed 850 residential dwelling units. If you have any additional questions regarding this matter, please do not hesitate to contact me. Attachments Packet Page -511- • N N N ti Lu CL a o e e s o 0 w O N p n M O n M n N J U= K O Z m m tD N O O cJ r o O o 0 o O o O o O O IL C a ry W to N C1 V' n to P� m Z uj � C rn fmi N n IOA Q A a N c L) F F U .5 V.. 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TABLE 1C ANNUAL GROWTH RATE CALCULATIONS BASED ON AUIR HISTORICAL DATA 687 AGR (Logan Blvd.) _ _1 , 657 AGR (Logan Blvd.) = 1.12% a 2006 2010 ANNUAL ACTUAL CURRENT AUIR AUIR YRS OF GROWTH GROWTH ROADWAY SEGMENT ID# VOLUME VOLUME GROWTH RATE RATE Logan Boulevard Vanderbilt Beach Rd, to lmmokalee Rd. 50 603 4 — 2.00% m - 6 Pine Ridge Rd. to Vanderbilt Beach Rd. 48 657 687 4 2,00% 1.12% E W lmmokalee Rd. Livingston Rd. to 1 -75 42.2 2,847 3,025 4 2.00% 1.53% N 1 -75 to Logan Blvd. 43.1 3,901 2,475 4 2.00 %° - 10.75% T— O Logan Blvd. to Collier Blvd. 43.2/127 2,488 1,911 4 2.00% 6.38% N N` All traffic volumes were taken from the 2006 & 2010 Annual Update Inventory Report (AUIR) In instances where the historical data indicates a reduction in traffic or insufficient data was available to calculate a growth rate due to construction, a minimum annual growth rate of 2.0% was assumed. SAMPLE GROWTH RATE CALCULATION 2010 AUIR "(1/Yrs of Growth) Annual Growth Rate (AGR) _ _1 2006 AUIR 687 AGR (Logan Blvd.) _ _1 , 657 AGR (Logan Blvd.) = 1.12% a 7/24/2012 Item 9.B. W mZ W Z F J a: W m Lu d t >> I I t Fx- LL d > >> D > J_ y U I i �_ z~ W Lou al N N g a O °' O N I I I IY U N N^ I I 1 I I I I r I }}QI W Z - 1- CV Z U O Co O N W t LO Co I N N O a M'N M C W U a Z z z Z W aa I Q v a00i N N U ul U W Z U z N a' IWLI I Y O M 1 N 1. I m I I F h r N I 1 I I I I I U. U Z m LLJ °i 1 I I I I d N N N CV CV I 1 Ww O n F m V Z U H o Ca Q CO W W O O O O O O O M z z z z z z z z z 0 z 0 z O d U) CLu W ❑ LU Q: _ �i <0 , :D H N o e e e o a o 0 0 0 0 o a a 0 Z N C M a FQ- 7 { { 6 ^ N V• N r O O cND o h < O U) O LL N h M V M n al C W 7 1LL i2 7 N r N N r^] O N C C Z ❑ L 2 -It O N N O J a QI 7 rO- cO'J V m V N ep- 1O1) N N COO N O L ❑ E ❑ - Z U U z LLl u) U W W ° �- m m M N C W K ^ ^ N J a a f v o o 0 (n O O N N� O ❑ °o ° o N "I m 'Cl m °m a _ n C, N Q Y }a N u n 'S yl Q. 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October 7,2-002 Packet Page -517- a� N O N It N ti CONTENTS I. PURPOSE OF REPORT II. SCOPE OF PROJECT IIl. PRE - APPLICATION MEETING IV. SCHEDULED ROAD IMPROVEMENTS V. 'TRAFFIC GENERATION VI. INTERNAL CAPTURE VII, TRIP DISTRIBUTION AND ASSIGNMENT VIII. 2025 VOLUME ESTIMATES IX. CONCLUSION X, APPENDIX 7/24/2012 Item 9.B. L PURPOSE OF REPORT The followirig report has been prepared by Metro Transportation Group, in cooperation with ..Tiudale- Oliver and Associates, Inc. in order to fulfill requirements set forth by Collier County for Development of Regional Impacts proceeding with a Notice of Proposed Change (NOPC). More specifically, the report provides analyses to define the anticipated traffic characteristics and establish any negative off -site roadway impacts associated with the development of the Parklands development. The report assesses existing traffic conditions. and future background plus project traffic conditions in order to identify roadway mitigation needs and responsibilities. 11. SCOPE OF PROJECT Parklands was originally approved in 1985 as an planned residential community containing approximately 1,290 acres and up to 3,700 dwelling units. The Parklands - Collier DRI property was in both Collier County and Lee County. Amendments to the DRI in both Collier County and Lee County separated the project into to DRI's, with the County line being the boundary between the two projects. Since that time, the Coliicr portion of the DRI has been amended two times, with this amendment addressing transportation issues acid future roadway provisions. Parklands Collier is a residential planned community that will include single family and multi- family residential units as well as a 27 -hole golf course. At completion of the Parklands, t'rie development can consist of up to 1,603 residential units and a private 27- hole golf course. 111. PRE <A.PPLICATION MEETING Prior to undertaking the NOPC transportation analysis, a transportation rnetliodology meeting was ' held on February 14, 2002, at the offices of the Collier County Transportation Planning Division. Appropriate assumptions, sources of information, and procedures to be used in the Parklands - Collier DRI transportation analysis were detennined by the rezriew agencies at this meeting. A summaiy of the agreed -upon Page 2 Packet Page -519- N a� N T_ 0 N d' N ti transportation methodology is provided in Appendix A. This report provides an interim progress report on the traffic generation, internal capture, and study network identification steps of the analysis. Throughout this report, the term service capacity has been used to indicate the traffic volume a road may carry before exceeding an adopted level of service. This term has been used to avoid the confiision nonnally encountered in discussing traffic, volumes and service volumes. The transportation study network for Parklands — Collier DRI was identified based on policies adopted by the Southwest Florida Regional Planning Council (SWFRPC). These policies provide that all regionally significant roads on which traffic attributable to Parklands - Collier DRI consumes at least five percent of the adopted performance standard service capacity of the existing plus committed roadway network are to be reviewed. To identify the transportation study network, estimated two -way pan. peak hour DRI traffic volumes were divided by generalized planning service capacities prepared by Collier County, Lee County, or (where unavailable from Collier or Lee Counties) the, FDOT, for existing and committed roads. For purposes of this application, committed roads include roads scheduled for improvement in fiscal years 2002 /2003 to 2005/2006 of the appropriate agency roadway improvement programs. The procedures. used to estimate and assitm development traffic are described in subsequent sections of this report. Vigure 1 illustrates the extent of the study network, and Appendix B contains a spreadsheet summarizing the identification of the study network and the elin -iination of roads from the study network. Pa -ge 3 _._.. 7/24/2012 Item 9.B. Packet Page -521- w X .� ° 6 U m (.PAID la111o0) I•q$ -d'n G CD 0 RD °- Z" N tq Co Co - '•LPL \ \\ \,aa\L \ \ \\ •-'�'+.} ..LY•'•. \' +L \L is aa' ,S \'. \LL, •:'''::::i%�'a`.:: a•.�a Lbw .+:•. .i 'PAIg S9il 20 [� F a m Z77 >, E -pU u04s6LIAl Uj 'P�f i�uadwl -p 6gjn,3- }jodny 1 d'o •pu usi4- a149(poo0 1•�'sLn r; Packet Page -521- IV. SCt1EDTJLED ROADS UMPROVEMENTS Based on a review of the Collier County and FBOT roadway improvement programs for fiscal years 2002/2003 through 200512006, the following improvements were identified within the study network: Golden Gate Pkwy: Airport Rd to Santa Barbara, 4 Lane 6 Lane, X003 Irrunokalee Rd: US 41 to I -75, 4 Lane to 6 Lane, 2003 m Immokalee Rd. CR 951 to Wilson, 4 Lane to 6 Lane, 2003 Iminokalee Rd: Wilson to 4Y4 St, 2 Lane to 4 Lane, 2002 E Livingston Rd: Pine Ridge to E -W Livingston, 0 to 6 Lane, 2002 Livingston Rd: E -W Livingston to Imperial, 0 to 4 Lane, 2002 N Logan Blvd: Green to Pine Ridge, 4 Lane to 6 Lane, 2004 Santa Barbara Blvd: Davis to Green, 4 Lane to 6 Lane, 2004 N . Vanderbilt Beach Rd: Airport to Logan,. 2 Lane to 6 lane, 2003 N Vanderbilt Beach Rd: Logan to CR 951, 2 Lane to 4 Lane, 2003 ti in conjunction with the proposed amendment, the Developer of Parklands has agreed to complete a linkage of the Logan Boulevard extension fxom Immokalee Road (in Collier County) to Bonita Beach Road (in Lee County). The locations of these improvements are illustrated in Figure 2. V. 'TRAFFIC GENERATION The Parklands - Collier DRI trip generation estimate is summarized in Table 1. The trip generation estimate was based on fitted -curve equations and average trip rates from 7 Generation (Institute of Transportation Engineers, 6`h edition, 1997). Examples of such internally captured trips would be a resident picking up another resident to go out to dinner, or picking up a child frorn a fiiend's house. Since multi - farnily developments of up to 500 units were surveyed to create the trip generation rate equation, so the multi=family component of trip generation was estimated by applying the equation to a (1,480/3 =) 493 unit development and multiplying the result by three. The Parklands - Collier DRI is expected to generate 11,200 gross daily trip -ends, and 1,056 p.m. peak hour trip -ends. 693 of these will be directionally oriented inbound to the site, and 363 outbound away froin the site. Table i summarizes the trip generation based on the ITE estimates. Page 5 n 7/24/2012 Item 9.B. Packet Page -523- O N D C Z � E •� or a� O y m QoU V w e o E o E j pa aaGe�rawu ?r- saldetJ) 9t�6 '�i'� T C —a -pnrg LJOSMA o U � N �.- � d � •O U d;unoC) jarrioo Ca Alunoo aa7 , 414, 1 c W U7 L�` a W` i ('PAISJarlfo0) kS6't3'9 I p •IXa UaBo Cu I: o •pnrq ue601 m \ - ana Va o 1 Q 6 m P ^19 9; %ep P23 uos6urni-j p� re €aadt r •o�saj /jb� zooz •o5 )aino� zooz 'aO �agjo�' root ! ) �J e o q 3 d9`0 09-0 04-0 -per Our rnd- uodajy n� � U e U lts o °m /1p�o o n m Pf xuel a ;;a.ipooJ 1 bi�'S'tl �a � ) c 3 Packet Page -523- i PC' N r O N N ti Table 1 Trip Generation Parklands — Collier DRI )L,an�UseITE LUC 210 - Weekday PM Peak Hour In out 'Total 79 45 124 Daily 2 -way 1,177 Single Family (123 units) Multi- Faxnil32 224 581 286 867 9,273 (1,480 units) Golf Course3 430 33 32 65 750 (27 Holes) r'LIJIJ cu twU1d6cLawYoi uWv i11. u«.. 2 Applied equation to 1,480 dwelling units, divided by 3, then multiplied the remainder by 3 to keep independent variable within range of studies ' 3 Daily trips estimated from observed volumes in plot. P.M. peak hour assumed as 10 percent of daily Vi. INTERNAL CAPTURE As indicated in Table 1, the Parklands - Collier DRI will consist of predominantly residential land uses, with an on -site golf course reserved for use by the residents that will provide opportunities for trips generated by the residential component to be captured. Some trips generated by residential land uses will be captured by other on -site residential land uses, as can be inferred by the declining trip rate per dwelling unit as the size of a residential development increases. Comparing the average trip rate per dwelling unit with the equation -based trip rate per unit for a development of 500 units suggests that up to seven percent of the trips generated by each unit could be captured by other on -site residential dwellings. Beyond the internal capture "built -in" to the analysis through use of the trip generation rate equations, an additional 3.2 percent of the trip -ends were estimated to be captured between the residential component of the development and the on -site golf course. The net external trip generation used in the analysis was 10,846 daily, and 1,023 p.m. peak hour trip -ends. VII. TRIP DISTRIBUTION AND ASSIGNMENT The DRI traffic volumes on each roadway network segment were identified using the "select zone" assigainent prneedures of the IaSU -TMS model. The Collier County MPO's FSUTMS model cost- feasible plan highway network for 2005 was used as a basis for the Page 7 r� 7/24/2012 Item 9.13. , I I i analysis, and future roads were removed or lanes were reduced to match the existing plus committed network as reported in Collier County's 2001 Annual update and Inventonj Report (December 18, 2.001), and the committed road improvements identified in the Scheduled Road Improvements section; above. Since build -out of Parklands is expected by 2025, 2025 socio - economic data was used as the basis for trip distribution. The MPO's socio - economic data for 2025 was reviewed and adjusted, as necessary, to ensure that other approved developments as identified during the methodology meeting were adequately represented in the socio - economic data. The developments specifically identified for inclusion in the model run were: • Madeira • Mediterra • Tuscany Village /Ronto- Livingstion • Mirasol • Teraf na • Olde Cypress • Parklands Nest • Parklands Lee • Heritage Bay • Richland A table summarizing the socio - economic data modifications that were made to accomplish this is included in Appendix C. VIII. 2025 VOLUME ESTIMATES Year 2025 AADT traffic volumes on the 2006 existing plus committed roadway network were estimated by applying the growth inferred from comparing the 2025 model volumes with the 1900 validation volumes on the study network and on major crossing streets. This comparison also considered 2001 AADT volumes as an ixitennediate year "check ". The analysis also used a inodel- generated peak season daily traffic volume to AADT conversion factor (Model Output Conversion Factor, MOCF) of 0.86, pursuant to data provided by the Collier County MPO. Page 8 Packet Page -525- N N T- C:) N d' N ti To estimate futuro traffic volumes, 1990 model volumes were subtracted from modeled 2025 total traffic volun -ies. Twenty -four thirty -fifths of the resulting 35 -year traffic volume growth was then added to 2001 AADTs. Thus., actual traffic growth between 1990 and 2001 was accounted for, and future growth was estimated in accordance wifh the FSUTMS model as modified to reflect nearby approved major developments. As a check measure, DRI traffic was then subtracted from the 2025 total AADT traffic volumes to ensure the 2025 "background" volumes remained greater than the 2001 AAD'T''s. This approach resulted in an overall study network growth in vehicle -miles of travel between 2001 and 2025 of 82 percent, or 3.4 percent per year (straight line growth). Table 2 documents these calculations and presents the 2025 AADT estimates for each road on the study network and for the major roads crossing study network roads. IX. FUTURE TRAFFIC CONDITIONS In accordance with the standard DRI methodology, only the intersections on either end of a significantly.impacted segment were analyzed. Improvements to the intersection were developed in order to maintain acceptable operating conditions at these locations. The results of tl -ie intersection iinprovetnents arc summarized below in 'Fable 3. The existing turning movement counts and the projected turning movement counts are contained in the Appendix of this report. Table 3 Intersection Improvement Summary I no c rrof—,,,, -tr Irit ersectfori , _ ' V Irraprovemetil _ Bonita Beach Road @ I -75 West Rarnp No Improvements Bonita Beach Road cr .I -75 East Ramp No Improvements Bonita Beach Road @ Bonita Grande Dr. Signalize When Warranted Bonita Beach Road @ Logan Blvd. Signalize When Warranted lmmokalee Road @ I -75 West Ramp. No Improvements Irnmokalee Road @ I -75 East Ramp No Improvements Immokalee Road @ Oakes Blvd. Add lane on North & South Approach lznznokalee Road @Logan Blvd. Add second EB Left Turn Lane Add second SB Right Turn Lane Immokalee Road @ C.R. 951 No Improvements Improvements also teceiving fiui6ag through t11e "reratina full, wuicn was regwrea io pay $500,000 towards this intersection hnprovenent project Page 9 $ to \� � ƒ U) q Packet Page -527- 7/24/2012 Item 9.8. / 2 k k °§ i }) $\ §( ( \� { %\ \ _ & \ 7 2 § \ r \ j ) s k \ \ 2)4 \ ]I7) N N O N N ti The signalization of Bonita Beach Road and Bonita Grande Drive will be necessary in order to maintain acceptable operating conditions at this intersection. In addition, the future s:ignalization of Bonita Beach Road and Logan Boulevard will also be necessary in order to accommodate the heavy northbound left turn volume. Inaproveinents to the roadway network that need to occur by the year 2025 in order to maintain acceptable Level of Service conditions on the roadways include the following: • Widen Bonita Beach Road from 2 lanes to 4lanes from Bonita Grande Drive to Logan Blvd. • Widen Inintokalee Road between I -75 and C.R. 951 from 4 lanes to b lames These improvements will be necessary regardless if the Parklands Collier DRI ever develops. The 2025 background volume without the project indicates a daily traffic volume on ImmokaIee Road of over 50,000 vpd in some locations. The Developer of the Parklands Collier has committed to constructing a two -lane extension of Logan Boulevard from the north side of the Old Cypress development to Bonita Beach Road. This two -lane roadway will provide some relief to Irnmokalee Road between I -75 and Logan Boulevard (Old Cypress Boulevard). Residents of both Old Cypress and Longshore Lakes can travel north on the new two -lane roadway to access the Bonita Beach Road corridor without traveling on Immokalee Road, The roadway also reduces the impact on Bonita Beach Road. Should only a connection be provided from the Parklands Collier DRI to Bonita Beach Road, 100% of the development traffic would be required to travel on Bonita Beach Road to access the site. Therefore, the construction of the new north south two -lane roadway between Bonita Beach Road and Iinnokalee Road will serve as a relief route to both Bonita Beach Road and Irnmokalee Road until such time as the proposed 951 extension is completed. Intersection improvements required as part of the Parklands Collier DRI include the addition of turn lanes at the Immokalee Road /Logan Boulevard intersection as well as at the Bonita Beach Road /Logan Boulevard intersection. Signalization, when warranted, Page 1 I - 7/24/2012 Item 9.13. will be required at the Bonita Beach Road /Logan Boulevard intersection as well as the Bonita Beach Road/Bonita Grande Drive intersection. Additional lanes are required on the north and south approaches of Oaks Boulevard in order, to maintain acceptable operating conditions in 2025. Some funding has already been secured by Collier County for this project from the Terfina. development. Xt. CONCLUSION Based on the agreed upon methodology with Collier County for the proposed NOPC, the amendments to the Parklands — Collier PUD include the construction of 1,603 residential units, a 27 -hole golf course and a new north /south roadway (Logan Boulevard) connection between Immokalee Road and Bonita Beach Road. The 2025 projected traffic volumes on the 2005 Existing + Committed highway network reveal that several improvements must occur to maintain acceptable operating conditions. These improvements include the 4- laning of Bonita Beach Road between Bonita Grande Drive and Logan Boulevard, the 6- laning of Irrunokalee Road between 1 -75 and County Route 951, and various intersection improvements in the vicinity of the site. The 6- laning of Iinmokalee Road is not due to the impact from the Parklands — Collier project. In fact, the connection being provided to Bonita Beach Road actually provides some relief to Irmnokalee Road, allowing background traf is to travel north into Lee County without traveling the section of Immokalee Road between Logan Boulevard and I -75. Impact fees being collected as part of this project will range from $14 Million (all single family units) to $15 Million (mostly multi - family condominium units). These impact fees are based on the recent impact fee schedule adopted by the Board of County Commissioners. This also includes the approximately $9.4 Million being spent to construct the two lane extension of Logan Boulevard between. Old Cypress and Bonita Beach. Road. Page 12 Packet Page -529- wMIS _N N r O N d' N 7/24/2012 Item 9.13. M M M Transportation Methodol®g3' Statement Packet Page -531- es N O N N ti 0: PARKLANDS -ANDS CO.AJLPER DRI QUESTION 21 TRANSPORTATION METHODOLOGY REPORT Introduction The Ronto Group, contract purchaser of the Parklands Collier Development of Regional Impact (DRI), is proposing a Notice of Proposed Change to the existing DRI. The DRI in Collier County is currently approved for 1,603 residential units and an 18 -hole golf course. The latest revision to the PUD document allows for 123 single4amlly dwelling units and 1,480 multi - family dwelling units. The DRI was originally approved by the Board of County Commissioners in 1985 and was subsequently amended in 1993. The original Development Order for the project is Development Order #85 -4. The subject property is located. immediately adjacent to the Lee County /Collier County border and is entirely within unincorporated Collier County. The site is bounded to the west by the Quail West PUD, to the east by the Mirasol PUD, to the south by the Terafina PUD and to the north by the Parklands — Lee and Parklands West RPD developments (both within Lee County). Access to the site will be provided via Bonita Beach Road in Lee County, and the Logan Boulevard extension in Collier County, and may also be accessible via the planned cast/west Livingston Road as well as the future Collier Boulevard (CR 95 1) extension. The Notice of Proposed Change will provide a number of basic "house cleaning" items with the PUD document as well as provide for the following: • Extend the commencement date of the project to March 11, 2003. • Allow for an additional 9 -holes of golf course • Allow for a conversion table to convert between Single Family Dwelling units and Multi- Farnily Dwelling units • Develop .a mutually agreeable tirneline for the construction of a north/soutll road through the property to connect Immokalee Road and Bonita Beach Road (Logan Boulevard Extension) m Modify conditions of approval to include all the options provided for in Rule 91- 2.045 and F.S. 163.3180(12) The overall development intensity of 1,603 dwelling units will not change. Therefore, the schedule of uses for trip generation purposes as proposed with this Notice of Proposed Change are shown in 'fable 1. Parklands Collier— DRI Kfamh 18, 2002 Transpoitatim MethodoioU Page 1 7/24/2012 Item 9.13. Table 1 Parklands Collier — DRI Development Thresholds Use Size Multi- .Family Dwelling Units 1,480 Single- Farnily Dwelling Units 123 Golf Holes 27 A conversion table is proposed to be incorporated into the PUD document that will allow for the conversion between multi - family and single family dwelling unit type, provided the number of weekday P.M. peak hour trips do not increase based on the latest version of the Institute of Transportation Engineer's (ITE) report, title Trip Generation, currently in the 6a' Edition. Table 2 indicates the current weekday P.M. peak hour trip generation of the project based on the currently approved density as contained in the amended PUD document, dated July 27, 1993. Table 2 Parklands Collier — DRI Weekday P.M. Peak Hour Trip Generation :;Veellilay M:ea1z`oirr U. •i� .-ff . : r. 123 Single Family Units 85 45 130 1,480 Multi- Family Units 380 190 1 570 Total Trips 465 235 1 700 The conversion table will allow for single family dwelling units and multi - family dwelling units to be converted so as long as the total weekday P.M. peak hour trip generation as originally approved is not exceeded. The conversion rates, based on trip - rates published in ITE Trip Generation, 6th Edition report, are shown in Table 3. Table 3 Parklands — Collier DRI Unit Conversion Table The DRI traffic study will be prepared in accordance with applicable State and Collier County rules .and guidelines in effect at the time of this methodology submittal, For technical guidance, the DRI traffic analysis will rely on the following reference documents: ITE, Trip Generation, 6"' Edition; ITE, .T'r'ip Generation Handbook; the Ft) OT 1998 Level of Service Handbook; and the VD OT Site Impact Haitelbook. P klands Collier — DRI ' March 18, 2002 Tiansportation Methodology Page *2 Pacl<et Page -533- Single Family Unit I DU 0.5 DU Multi - Family Unit 2.0 DU I DU The DRI traffic study will be prepared in accordance with applicable State and Collier County rules .and guidelines in effect at the time of this methodology submittal, For technical guidance, the DRI traffic analysis will rely on the following reference documents: ITE, Trip Generation, 6"' Edition; ITE, .T'r'ip Generation Handbook; the Ft) OT 1998 Level of Service Handbook; and the VD OT Site Impact Haitelbook. P klands Collier — DRI ' March 18, 2002 Tiansportation Methodology Page *2 Pacl<et Page -533- N 0 N d N ti �� Y t• . _.ir A_ Rte_ Road -way NetyvorlcUnder Study The initial study area for the Parklands Collier DRI is bounded by Corkscrew Road to the north, Pine Ridge Road to the south, Airport Pulling Road to the west and Collier Boulevard to the east. Based on this study area, the list of roadway segments to be analyzed are shown in Table 4. Table 4 Parklands Collier — DRI D„or7iRratr .4`arsm�nfc 1'TnC'[er Study a•v.cu v. A. 1 b Eastern Terminus to Old 41 Bonita Beach Road Collier Boulevard Immokalee Road to Pine Ridge Road Immokalee Road Collier Blvd. to Airport Pulling Road Logan Boulevard Bonita Beach Road to Immokalee Road 1.75 Corkscrew Road to Pine Ridge Road Livingston Road /Imperial Street Pine Ridge Road to E. Terry Street Airport.Pulling Road Immokalee Road to fine Ridge Road Vanderbilt Beach Road Collier Blvd. to Airport Pulling Road Pine Ridge Road Collier Boulevard to Airport Pulling Road The study area maybe expanded or reduced based on the DRI 5 % rule of significant impact, based on DCA Rule 9J- 2.045. The roadway segments to be analyzed will be subject to the measurement of the Projects significant impact. According to DRI rules, a "significant impact" is measured as development traffic representing 5 % or more of the existing plus committed (E + C) roadway service volume at the Level of Service (LOS) standard of the local jurisdictions comprehensive plan, except for FIHS roadways. For FIHS roadways, the Florida Department of Transportation standard controls. "Adverse impact" is measured based on the level of service standard of the local jurisdiction comprehensive plan, again except for FIHS roadways, where FDOT standards control. For the roadway segments and intersections, the following scenarios will be evaluated: Existing Conditions ■ Future Conditions with Project traffic Pgrlelands Collier - DRI Iwlard 18, 2002 Transportation Mf thodology Page 3 7/24/2012 Item 9.13. Intersections Under.Study. The following intersections will be reviewed to deter -aine if they are significantly impacted by the Project. A significantly impacted intersection is defined as any intersection where the development traffic represents more than 5 % of the adopted Level of Service volume for any one approach. Capacity analyses will then be conducted for those intersections where the 5% criteria is satisfied. Table 5 identifies the preliminary list of intersections that will be reviewed, This list could be expanded or reduced depending on the significant impact criteria test. Table 5 Parklands Collier — DRI Tntersections Under Review Bonita Beach Road @ Logan Boulevard Ext. Bonita Beach Road @ Bonita Grande Drive Boziita Beach Road @ I -75 Ramps Bonita Beach Road @ Livingston Road /Imperial Street Immokalee Road @ Collier Boulevard Immokalee Road @ Logan Boulevard Ext. Iminokalee Road @ Oakes Boulevard Immokalee Road @ I -75 Ramps Immokalee Road @ Livingston Road Immokalee Road @ Airport Pulling Road Vanderbilt Beach Road @ Collier Boulevard Vanderbilt Beach Road @ Livingston Road Pine Ridge Road @ I -75 Ramps Pine Ridge Road @ Livingston Road Roadway Level of Service Analysis To establish the existing and future roadway Level of Service volumes for all roadway segments wider study, the most recent AUIR volumes and spreadsheet developed by Collier County will be utilized. County staff will provide these spreadsheets. The Developer does have the option to provide additional analysis if necessary utilizing other appropriate software, such as SYNCHRO, TRANSYT -7F, CORSIM, etc. Parklands Cattier —DRI March 18, 2002 Transportation Methodology Pap 4 Packet Page -535- Existinz Traffic Conditions For purposes of this analysis, the 2001 Average Annual Daily Traffic Counts (AADT) provided by Collier County will be utilized to determine existing traffic conditions. Appropriate factors will be applied to determine the peak season, peak hour, peak direction volumes for the existing conditions. Collier County staff will provide the Kloo factors and appropriate directional (D) factors for each roadway segment. The latest available FDOT counts will also be utilized for the existing conditions analysis. m Committed Roadway Improvements Based on the recent activity with the Collier County Board of County Commissioners, the E Collier County staff will supply the most recent committed roadway funding plan for Collier County. All improvements funded for construction within three years froth 2002 will be considered as part of the Existing plus Committed (E + C) roadway network. It is 7- assumed that this NOPC will be approved in early 2003. For roadways within Lee C) County and the City of Bonita Springs, the most recent adopted CIP will be utilized. For N the City of Bonita Springs, there currently is no formally adopted roadway capital \1 improvement program. For roadways and projects within the City, where funding has been identified anal construction is planned within three years, it will be assumed that these improvements are part of the E + C network. In addition, all improvements funded within three years on the current FDOT Adopted Work Program for District 1 will be considered. Any improvement projected to begin construction during fiscal year 2005/2006 will be considered as part of the E + C .network. Future Conditions With Troiect Future conditions with the project will be determined by the use of the current Collier County FSUTMS travel model. The current year highway network will be revised to reflect the existing plus committed highway network, and the traffic zonal structure will be modified to allow each other nearby development to be realistically loaded to the model highway network. The socio- economic data developed for the County's Long -Range Transportation Plan will be reviewed to determine if it already contains adequate ,growth to represent the nearby approved major developments. If inadequate, the socio- economic data will be increased to adequately reflect the developments. Future year daily volumes will be estimated by coMpating "base- year" (1990 or 1998, Collier County gave the Developer the option on which to use) PSUTMS model volumes with the future year model volumes, and applying the growth thus derived to actual 1990 or 1998 AADT's. This procedure will also incorporate conversion of the peak season daily model volumes to AADT estimates through applioation of the `Model Output Conversion Factor" for Collier Country. The intent of this procedure is to eliminate normally encountered model "aberrations" and produce a more realistic set of future year volume estitates. The future year AADT volumes thus estimated will be converted to peak season, peak hour directional volumes (assumed to be the evening rush hour) by PaTklandS Collier— DRI March 18, 2002 Transportation Methodology Page 5 n 7/24/2012 Item 9.13. applying Ktoo factors and directional splits developed from current count data or generalized values used by Collier County. Future year intersection turning volumes will be estimated by applying iterative procedures to current year turning movement counts and the future year peak hour directional intersection approach volumes. TAZ's will be created for -the following developments recently approved by Collier County if not included in the FSUTMS model supplied by the County: Mirasol • Terafina • tilde Cypress • Parklands West Meditera Ronto - Livingston 9 Heritage Bay DRI • Richland PUD • Parklands — Lee County Development parameters land uses, phasing schedule, and trit) generation) for these developments will be provided by Collier County staff. Trip generation loaded into the model for Parklands will be based on the ITE Trip Generation (Sixth Edition) reference. Internal capture modeled by FSUTMS will be reviewed for reasonableness and will be reported in the traffic analysis report. Trip distribution and assignment for the DRI trips will be determined by the FSUTMS model using a select -zone assignment procedure. In addition, the proportion of pass -by traffic from the adjacent streets captured by the commercial component of the DRI will be reviewed for reasonableness and documented in the report. Futuq Roadway Network Based on the FSUTMS model runs as described above, a recommended roadway network to support all area development coincident with the project build -out will be identified. That future roadway network will be based on and reflective of the adopted Collier County Financially Feasible Plan and the Lee County 2020 Financially Feasible Plan. Use of any roads or improvements that are not part of the existing plus committed network will be clearly identified in the report. Use of such roads should not be regarded as any indication that the DRI is inconsistent with adopted local government comprehensive plans, as it is likely that when-fen to 15 years of area-wide traffic growth are loaded onto a highway network reflecting only three years of funding, more deficiencies than will actually occur will be estimated in the study. A mitigation plan for the projects impacts will be form elated consistent with the DRI mitigation options outlined in Rule 9J- 5.045, FAC. Parklands Collier— QR1 March 18, 2002 Transportation Methodology Page b Packet Page -537- N O N d' N ti Appendix B Study Network Identification O3 3' y— b E ° O n 6 � U � S p � R F c -, n � W a o Y mD f• a e � E c o c N N � C m a.I LJ v C t t � Ei fns'n h . V! 7/24/2012 Item 9.13. 0 ZZZZZZZZZ 0 ffXq 0 6 0 0 0 0 0.6 00 Z. 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N N y co o O CD CIA N � G o N cd 0 � N r — a Fes`_ r o co N N c> cco o N N N N N N co I = r N b N 7/24/2012 Item 9.13. Packet Page -545- 0 'c- N M Ai unoo va-7 m rn � Co � � N N N M CA C _ ._2. O _ i N U N N N M (fj D Co z _ 6f M RS p r to U R N N N N N Q. M ❑. F- -- •-- - -- N N N in `- CD-- N o co Co LU �. rnv N N - C 04 N r N N N o L M O Cd N M Cq 7 r ltI Co N j _ C) L N LO o M N M N Mr., N O MO N N N N a N NN I N N N _� -- CD r O N M N Lo N G1 N N Q F 03 r — N CL j � y �VV p a Packet Page -545- N 0 N IZT CN r - HIGHWA""CAPACITY ANALYSIS SUMMAW)(SHEETS 7/24/2012 Item 9.6. HCS2000: Signalized Intersections Release 4.1c Analyst: tbt Inter.: Immokalee /I -75 West Ramp Agency: Metro Transportation Group Area Type: All oth'et areas Date: 9/24/2002 Jurisd: Collier Co, Period: Weekday PM Peak Year ; 2025 project ID: 2025 Volumes on 2005 Network - Parklands DRI E/W St: Irmokalee Road N/S St; I -75 West Ramp .SIGNALIZED INTERSECTION SUMMARY ( Eastbound I Westbound I Northbound I Southbound I L T R• I L T R I L T R I L T R I 1 } No. Lanes 1 0 3 1 1 2 3 0 1 0 -6-0- 1 2 0 2 1 LGConfig I T R I L T } I L R} Volume 1 1950 390 1220 1630 } 1410 750 1 Lane Width 1 12.0 12.0 112.0 12.0 } )12.0 12.0 1 RTOR Vol 1 175 1 i 1 0 1 Dur.ation� 0.25 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 1 5 6 7 8 EB Left I NB Left Thru A I Thru Right. A I Right Peds } Peds WB Left A I SB Left A Thru A A j Thru Right ( Right A Peds } Peds NB Right 1 EB Right A SB Right ) WB Right Green 20.0 55.0 40.0 Yellow 3.0 3.0 3.0 All Red 2.0 2.0 2.0 Cycle Length: 130.0 secs Intersection Performance Summary Appr/ Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) v/c g/C Delay LOS Delay LOS Eastbound T 2221 5250 0.92 0.42 38.1 D 34.4 C R 1195 1553 0.19 0.77 1.1 A Westbound L 57.8 3367 0.45 0.15 50.6 D T 3231 5250 0.53 0.62 7.8 A 12.9 B Northbound Southbaunnd L 1036 3367 0,4B 0.31 36.9 D 52.1 b R 841 2733 0.94 0.31 61.7 E Intersection Delay = 30.9 (sec /veh) Intersection LOS = C HCS20OD: Signalized Intersections Release. 4.1c Phone: Fax: E -Mail: OPERATIONAL ANALYSIS Packet Page -547- arm N N O N N ti RCS2000: Signalized Intersections Release 4.1c .Analyst: tht Inter.: Immokalee /I-75 East Ramp Agency: Metxo Transportation Group Area Type: All other areas Date: 9/24/2002 Jurisd: Collier Co. Period: Weekday PM Peak Year : 2025 Project ID: 2025 Volumes on 20Q5 Network - Parklands DRI E. /W St: Immokalee Road N/S St: 1 -75 East Ramp SIGTVALIZED INTERSECTION SUMMARY { Eastbound { westbound I Northbound l Southbound { L T R 1 L T R I L T R L T R I No. Lanes I 2 2 0 { 0 2 1 { 2 0 2 I 0 0 0 LGConfig I L T ) T R I L R 1 Volume 1900 1520 I 1500 520 1350 225 I I Lane Width [12.0 12.0 I 12.0 12.0 112.0 12.0 I RTOR Vol { { 0 I 120 I Duration 0.25 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 1 5 6 7 8 EB Left A I NB Left A Thru A A I Thru Right { Right A Peds ) Peds WB Left } SB Left Thru A { Thru Right A f Right Peds I Peds NB Right { EB Right SB Right I WB Right A Green 43.0 55.0 17.0 Yellow 3.0 3.0 3.0 All Red 2.0 2.0 2.0 Cycle Length: 130.0 secs Appr/ Lane Lane Group Grp Capacity Intersection Performance Summary Adj Sat Ratios Lane Group Approach Flow Pate - (s) V/c g/C Delay LOS Delay LOS - (s) 1172 3544 0.81 0.33 42.5 D T 2895 3654 0.55 0.79 1.6 A 16.8 B Westbound T 7.546 R 920 3654 1553 1.02 0.59 D.42 0.59 61.0 10.9 E 48.1 D B Northbound L 440 3367 0.84 0.13 68.3 E 64.5 E R 357 2733 0.31 0.13 51.7 D Southbound Intersection Delay = 34.2 (sec /veh) Intersection LOS = C Phone: E- Mail. RCS2000: Signalized Intersections Release 4.1c Fax: OPERATIONAL ANALYSIS I „mot.. 7/24/2012 Item 9.B. HCS2000: Signalized Intersections Release 4.1c Analyst: tbt Inter.: Immokalee /Oakes Blvd. Agency: Metro Transportation Group Area Type: All other areas Date: 9/24/2002 Jurisd: Collier Co. Period: Weekday PM Peak Year : 2.025 Project ID: 2025 Volumes on 2.005 Network - Parklands DRI E/W St: Immokalee Road N/S St: Oakes Slvd. SIGNALIZED INTERSECTION SUMMARY I Eastbound ► Westbound I Northbound I Southbound I ► L T R I L T. R I L T R 1 L T R I I ! I I I No. Lanes I 2 2 1 I 1 2 1 I 1 1 1 I 1 1 1 LGCon.fig ► L T R I L T R I L T R I L T R I Volume 1175 2260 350 1220 1615 120 1260 50 225 1125 50 145 i Lane Width 112,0 12..0 12.0 112.0 12.0 12.0 112.0 12.0 12.0 112.0 12.0 12.0 1 RITOR Vol 1 175 I 80 I 75 I 75 I Duration 0.25 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 5 6 7 8 EB Left A I NB Left A A Thru A ( Tbru A Right A I Right A Peds I Peds WB Left A I SB Left A A Thru A ► Thru A Right A 1 Right A Peds I Peds NB Right A I EB Right SB Right 1 WB Right Green 18.0 66.0 10.0 16.0 Yellow 3.0 3.0 3.0 3.0 A11 Red 2.0 2.0 2.0 2.0 Cycle Length: 130.0 secs Intersection Performance Summary ApprI Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) v/c g/C Delay LOS Delay LOS Eastbound L 491 3544 0.37 0.14 51.4 D T 1948 3837 1.22 0.51 128.6 F 115.7 F R 788 1553 0.23 0.51 13.6 B Westbound L 240 1736 0.97 0.14 ' 104.3 F T 1855 3654 0.92 0.51 29.9 C 38.3 D R 788 1553 0.05 0.51 12.2 B Northbound L 297 1736 0.92 0.24 82.5 F T 234 1900 0.23 0.12 51.9 D 63.8 E R 466 1553 0.34 0.30 35.4 D Southbound L 297 1736 0.44 0.24 42.0 D T 234 1900 0.23 0.12 51.9 D 47.4 D R 191 1553 0.39 0.12 53.8 D Intersection Delay = 79.9 (sec /veh) Intersection LOS = E HCS2000: Signalized Intersections Release 4.1c Phone. Fay:: E -Mail: OPERATIONAL ANALYSIS Packet Page -549- • N N O N N ti HCS2000: Signalized Intersections Release 4.10 Analyst: tbt Inter.: Immokalee /Logan Agency: Metro Transportation Group Area Type: All other areas Date: 9/24/2002 Jurisd: Collier Co. Period: Weekday PM Peak Year : 2025 Project ID: 2025 Volumes on 2005 Network - Parklands DRI E• /W St: Immokalee Road N/S St: Logan Blvd.. SIGNALIZED INTERSECTION SUMMARY { Eastbound I Westbound I Northbound { Southbound j { L T R I L T R I L' T R i L T R f 1 ] 0 2 { No. Lanes 1 2 2 0 1 0 2 1 f 0 0 Q LGConiig { L T { T R 1 i L R l Volume 11160 1540 { 1155 325 1 1225 850 1 Lane Width 112.0 12.0 { 12.0 12.0 f 112.0 12.0 I RTOR Vol I I 80 I I 75 C Duration 0.25 Area Type: All other areas Signal Operations 8 Phase Combination 1 2 3 4 1 5 6 7 EB Left A A { NB Left Thru A A 1 Thru Right { Right Peds I Peds WB Left ) SB Left A Thru A I Thru Right A I Right A Peds { Peds NB Right { EB Right SB Right A I WB Right A Green 30.0 60.0 25.0 Yellow 3.0 3..0 3.0 All Red .2.0 2.0 2.0 C cle Length: 130.0 secs Appr/ Lane Lane Group Grp Capacity y Intersection Performance Summary Adj Sat Ratios Lane Group Approach Flow Rate (s) v/c g/C Delay LOS Delay LOS Eastbound L 1280 3544 0.95 0.73 20.7 C T 2804 3837 0.58 0.73 2.0 A 10.1 B W e s tbour_d T 1686 3654 0.72 0.46 24.7 C 20.8 C R 1075 1553 0.24 0.69 2.2 A Northbound Southbound L 334 1736 0.71 0..19 55.9 E 34.3 C R 1261 2733 0.65 0.46 28.0 C Intersection Delay = 17.8 (sec /veh) Intersection LOS = B Phone: E -Mail: HCS2000: Signalized Intersections Release 4.1c Fay;: OPERATIONAL ANALYSIS 7/24/2012 Item 9.13. HCS2000: Signalized Intersections Release 4.1c Analyst: tbt In.ter.: Immokalee /CR 951 Agency: Metro Transportation Group Area Type: All Other areas Date: 9/24/2002 Jurisd: .Collier Co. Period: Weekday Pvf Peak Year : 2025 Project ID: 2025 Volumes on 2005 Network - Parklands DRI E/W St: Immokalee Road NIS St: CR 951 "SIGNALIZED INTERSECTION SUMMARY Eastbound I Westbound I Northbound I Southbound 1 L T R I L T R I L T R i L T R I I I No. Lanes 1 1 2 1 1 2 2 0 1 2 1 1 1 1 1 0 I LGConfig I L T R I L TR I L T R I L TR I Volume 175 1665 300 1490 855 30 1480 100 940 115 50 50 1 Lane Width 112.0 12.0 12.0 112.0 12.0 112.0 12.0 12.0 112.0 12.0 1 RTOR Vol 1 100 1 5 1 190 1 5 1 Duration 0.25 Area Type: All other areas Signal Operations Phase Combination 1 2 5 4 1 5 6 7 8 EB Left A I NB Left A A Thru A I Thru A A Right A I Right A A Peds I Peds WB Left A A I SB Left A Thru A A I Thru A Right A A I Right A Peds I Peds NB Right A A 1 EB Right A A SB Right 1 WB Right Green 8.0 12.0 50.0 8.0 20.0 8.0 Yellow 3,0 3.0 3.0 3.0 3.0 3.0 All Red 0.0 2.0 0.0 0.0 2.0 2.0 Cycle Length: 130,0 secs Intersection Performance Summary Appr/ Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) v/c g/C Delay LOS Delay LOS Eastbound L 112 1827 0.71 0.06 78.1 E T 1476 3837 1.19 0.38 128.0 E 113.3 F R 1003 1553 0.21 0.65 4.3 A Westbound L 627 3544 0.82 0.18 60.2 E TR 1969 3820 0.47 0.52 15.3. B 31.3 C Northbound L 803 3367 0.63 0.24 45.9 D T 482 1900 0.22 0,25 38.5 D 67.9 E R 729 1553 1.08 0.47 85.8 F Southbound L 107 1736 0.15 0.06 58,4• E TR 107 1733 0.93 0.06 127.1 F 3.17.6 F Intersection Delay = 77.0 (sec /veh) Intersection L05 = E HCS2000: Signalized Intersections Release 4.1c Phone: Fax: E -Mail: OPERATIONAL ANALYSIS Packet Page -551- 4) N O N d' N ti RC82000: Signalized I.ntersections Release 4.1c Analyst: tbt Inter.: Bonita Beach /I -75 West Ramp Agency: Metro Transportation Group Area Type;, All other areas Date: 9/24/2002 Jurisd: Lee Co. Period: Weekday PM Peak Year 2025 Project ID: 2025 Volumes on 2005 Network - Parklarids DRI E/W St: Bonita Beach Road N/S $t: I -75 West Ramp SIGNALIZED INTERSECTION SUMMARY ( Eastbound I Westbound 1 Northbound ( LSoutTbounR r i L T R I L T R i L T R No. Lanes 1 0 3 0 1 1 2 0 l 0 -00 i L 2 0 2 R LGConfig ( T I L T I Volume I 1185 1180 985 f 1370 B70 I Lane Width ( 12.0 112.0 12.0 I 112.0 12.0 1 RTOR Vol I I I I 125 I Duration 0.25 Area Type: All other areas Signal operations Phase Combination 1 2 3 4 1 5 6 7 8 EB Left ( NB Left Thru A I Thru Right I Right Ped's ( Peds WB Left A I SB Left A Thru A A j Thru Right I Right A Peds I Peds 'NB Right I EB Right SB Right I WB Right Green 17.0 60.0 3. Yellow 3.0 3.0 30 .0 All Red 2.0 2.0 2.0 Cycle Length: 130.0 secs Intersection Performance Summary Appr/ Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) v/c g/C Delay LOS Delay LOS Eastbound T 2544 5513 0.49 0.46 20.2 C 20.2 C Westbound L 239 1827 0.79 0.13 71.1 E T 2420 3837 0.43 0.63 8.1 A 16.2 B Northbound Southbound L 984 3367 0.40 0.29 36.8 D 60.6 E R 799 2733 0.58 0.29 72.4 E Intersection Delay = 31.8 (sec /veh) Intersection LOS = C HCS2000: Signalized Intersections Release 4.10 Phone; Fax: 8-Mail: OPERATIONAL ANALYSIS 7/24/2012 Item 9.13. HCS2000: Signalized Intersections Release 4.1c Analyst: tbt Inter.: Bonita Beach /1-75 East Ramp Agency: Metro Transportation Group Area Type: All other areas Date: 9/2412002 Jgrisd: Lee Co. Period: Weekday PM Peak Year : 2025 Project ID: 2025 Volumes on 2005 Network - Parklands DRI E/W 5t: Bonita Beach Road N/S St: I -75 East Ramp SIGNALIZED INTERSECTION SUMMARY Eastbound I Westbound I Northbound I Southbound I 1 L T R i L T R I L T R I L T R I I I I I No. Lanes 1 1 2 0 1 0 2 0 I 2 0 0 1 0 0 0 1 LGConfig I L T 1 T I L I I Volume 1900 445 I 640 1525 1 Lane Width 112,0 12,0 ► 12.0 112.0 I I RTOR Vol I I I l 1 Duration 0.25 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4 1 5 6 7 8 EB Left A A I NB Left A Thru A A i Thru Right I Right Peds I Peds WB Left { SB Left Thru A I Thru Right I Right Peds I Peds NB Right I EB Right SB Right I WB Right Green 57.0 30.0 28.0 Yellow 3.0 3.0 3.0 All Red 2.0 2.0 2.0 Cycle Length: 130.0 secs Intersection Performance Summary Appr/ Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) v/c g/C Delay LOS Delay LOS Eastbound L 860 1827 1.10 0.71 69.2 E T 2715 3837 0.17 0.71 1.4 A 46.8 D Westbound T 885 3837 0.76 0.23 50.6 D 50.6 D Northbound L 725 3367 0.76 0.22 52.7 D 52.7 D Southbound Intersection. Delay = 49.0 (sec /veh) Intersection LOS = D HCS2000: Signalized Intersections Release 4.1c Phone: Fax: E-mail: OPERATIONAL ANALYSIS Packet Page -553- es N N O N N ti ECS2000: Signalized Intersections Release 4.1c Analyst: tbt Inter.: Bonita Beach /Bonita Grande Agency: Metro Transportation Group Area Type: All other areas Date: 9/24/2002 Jurisd; Lee Co. Period: Weekday PM Peak Year : 2025 Project ID: 2025 Volumes on 2005 Network - Parklands DRI E/W St: Bonita Beach Road N/S St: Bonita Grande Drive SIGNALIZED INTERSECTION SUMMARY I Eastbound 1 westbound I Northbound { LSoutTbounR I 1 L T R I L T R 1 L T R 1 I No. Lanes I 1 2 1 I 2 1 1 1 1 0 I 1 1 0 1 LGConfig I L T R I L T R I L TR I L TR I Volume 1200 1Q05 120 1100 875 20 1150 30 10 150 60 130 1 Lane Width 112.0 12.0 12.0 112..0 12.0 12.0 112.0 12.0 0 112.0 12.0 125 I RTOR Vol 1 100 1 5 1 puration 0.25 Area Type: All other areas Signal Operations. Phase Combination 1 2 3 4 1 5 6 7 B ED Left A A I NB Left A Thru A I Thru A Right A I Right A Peds I Peds WB Left A A I SB Left A Thru A I Thru A Right A I Right A Peds I Peds NB Right I ED Right SB Right I WB Right Green 17.0 60.0 38.0 Yellow 3.0 3.0 3.0 All Red 2.0 2.0 2.0 Cycle Length: 130.0 secs Intersection Performance Summary Appr/ Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate _ Grp Capacity (s) v/c g/C Delay LOS Delay LOS Eastbound L 422 1827 0.50 0.63 7.3 A T 1771 3837 0.60 0,46 21.9 C 19.4 B R 717 1553 0.03 0.46 15.7 B Westbound L 379 1827 0.28 0.63 6.8 A T 1771 3837 0.52 0.46 20.6 C 19.2 B R 717 1553 0.02 0.46 15.7 B Northbound 381 1302 0.91 0.29 37.5 D L TR 529 1809 0.08 0.29 33.1 C 36.5 D Southbound L 389 1.332 0.14 0.29 33.8 C TR 548 1.874 0.12 0.29 33.6 C 33.7 C Intersection Delay = 21.3 (sec /veh) Intersection LOS = C Phone: E-mail: HCS2000: Signalized Intersections Release 4.1c Fax: OPERATIONAL ANALYSIS 7/24/2012 Item 9.13. HCS2000: Signalized Intersections Release 4.lc Analyst: tbt Inter.: Bonita Beach /Logan Blvd. Agency: Metro Transportation Group Area Type: All other areas Date: 9/24/2002 Jurisd: Lee Co. Period: Weekday PM Pcak Year : 2025 Project ID: 2025 Volumes on 2005 Network - Parklands DRI E/W St: Bonita Beach Road N/S St: Logan Blvd. SIGNALIZED INTERSECTION SUMMARY Eastbound I Westbound I Northbound 1 Southbound L T R I L T R I L T R 1 L T R No. Lanes 1 0 1 1 1 1 1 0 1 1 p 1 I 0 0 0 I LGConfig I T R I L T I L R} I Volume 1 240 1130 150 120 1805 10 I I Lane Width 1 12.0 12.0 112.0 12.0 112.0 12.0 } I RTOR Vol 1 300 1 1 2 Duration 0.25 area Type: All other areas Signal Operations Phase Combination 1 2 3 4 1 5 6 1 8 EB Left I NB Left A Thru A 1 Thru Right A } Right A Peds I Peds WB Left A I SB heft Thru A 1 Thru Right I Right Peds } Peds NB Right } EB Right A SB Right I WB Right Green 40.0 50.0 Yellow 3.0 3.0 All Red 2.0 2.0 Cycle Length: 100.0 secs Intersection Performance Summary Appr/ Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s) v/c g/C Delay LOS Delay LOS Eastbound B 4.6 A 0.5 A T 769 1923 0.33 0.40 R 1553 1553 0.56 1.00 Westbound L 3B8 970 0.14 0.40 T '769 1923 0.16 0.40 Northbound L 868 1736 1.07 0.50 18.B B 4.6 A 0.5 A 17.2 B 17.3 B 17.3 B 71.5 E '71.0 E R 777 1553 0.01 0.50 9.6 A Southbound Intersection Delay = 33.4 (sec /veh) Intersection LOS = C HCS2000: Signalized Intersections Release 4.1c Phone: E -Mail: Pax: OPERATIONAL ANALYSIS Packet Page -555- HCS.2000: Uns.ignalized Intersections Release 4..1c TWO -WAY STOP CONTROL SUMMARY Approach Movement Lane Config v (vph) C(m) (vph) v/c 95% queue length Control Delay LOS. Approach Delay Approach LOS Delay, Queue Length, and Level of Service Eg WB Northbound Southbound 1 4 7 8 9 10 11 12 L 1 L R i 51 Analyst' tbt 2 496 500 800 0.10 Agency /Co.: Metro Transportation Group 0.34 56.38 0.01 Date Performed: 9/25/2002 390.4 9.5 B F A Analysis Time Period: PM Peak Intersection: Bonita Beach Road /Logan Jurisdiction: Lee Co. Unitsf U. S. Customary Analysis 'tear: 2025 Project ID: 2025 Volumes on 2005 Network East /West Street: Bonita Beach Road North /South Street: Logan Blvd. Study period (hrs): 0,25 Intersection Orientation: EW m Vehicle Volumes and Adjustments 0') Major Street: Approach Eastbound Westbound 6 E Movement 1 2 3 4 5 N :t- L T R 1 L T R C14 volume 240 1130 50 120 CD Peak -Hour Factor, PHF 0.9B 0.98 0.98 0.98 122 04 hourly Flow Rate, HFR 244 1153 51 'IT Percent Heavy Vehicles 0 -- N Median Type Undivided I` RT Channelized? No 1 Lanes 1 1 T R L T Configuration 140 Upstream Signal? No Minor Street: Approach Northbound Southbound 12 Movement 7 8 9 1 10 11 L T R I L T R Volume 885 2 Peak Hour Factor, PHF 0.98 0.98 Hourly Flow Rate, HFR 903 2 Percent Heavy Vehicles 0 0 0 Percent Grade M 0 Median Storage Flared Approach: Exists? Storage RT Channelized? No Lanes 1 1 Configuration L R Approach Movement Lane Config v (vph) C(m) (vph) v/c 95% queue length Control Delay LOS. Approach Delay Approach LOS Delay, Queue Length, and Level of Service Eg WB Northbound Southbound 1 4 7 8 9 10 11 12 L 1 L R i 51 903 2 496 500 800 0.10 1.81 0.00 0.34 56.38 0.01 13.1 390.4 9.5 B F A 389.5 F HCS2000: Unsignalized Intersections Release 4.1c 7/24/2012 Item 9.13. Phone: Fax: E -Mail: TWO -WAY STOP CONTROL(TWSC) ANALYSIS Analyst: tbt Agency /Co.: Metro Transportation Group Date Performed: 9/25/2002 Analysis Time Period: BM Peak Intersection: Bonita Beach Road /Logan Jurisdiction: Lee Co. Units: U. S. Customary Analysis Year: 2025 Project ID: 2025 Volumes on 2005 Network East /West Street: Bonita Beach Road North /South Street: Logan Blvd. Intersection Orientation: EW Study period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Movements 1 2 3 4 5 6 L T R L T R Volume 240 1130 5U lzu Peak -Hour Factor, PHF 0.98 0.98 0.98 0.98 Peak -15 Minute Volume 61 288 13 31 Hourly Flow Rate, HFR 244 1153 51 122 Percent Heavy Vehicles -- '- 0 -- -- Median Type Undivided RT Channelized? No RT Channelized? 1 No Configuration L Lanes 1 1 1 1 Configuration T R L T Upstream Signal? No No Minor Street Movements 7 8 9 10 11 12 L T R L T R Volume 885 z Peak Hour Factor, PHF 0.98 0.98 Peak -15 Minute Volume 226 1 Hourly Flow Rate, HFR 903 2 Percent Heavy Vehicles 0 0 Percent Grade (o) 0 0 Median Storage 0 Flared Approach: Exists? Storage RT Channelized? No Lanes 1 1 Configuration L R Pedestrian Volumes and Adjustments Movements 13 14 15 16 Flow (ped /hr) 0 0 0 0 Lane Width (£t) 12.0 12.0 12.0 12.0 Walking Speed (ft /sec) .4.0 4.0 4.0 4.0 Percent Blockage 0 0 0 0 S2 Left -Turn Through Upstream Signal Data. Prog. Sat Arrival Green Cycle Prog. Distance Flow Flow Type Time Length Speed to Signal vph vph sec sec mph feet Packet Page -557- S5 Left -Turn Through Worksheet 3 -rata for Computing Effect of Delay to Major Street Vehicles Movement 2 Movement 5 Shared In volume, major th vehicles, Shared In volume, major rt vehicles: Sat flow rate, major th vehicles: Sat flow rate, major rt vehicles: Number of major street through lanes: Worksheet 4- Critical Gap and Follow -up Time Calculation CO Critical Gap Calculation 3.50 0.90 3.3Q 0.90 0.90 0.90 0.90 0.90 t(f,HV) 9 10 11 12 6 Movement 1 t(f) 7 E T R L T R E L L L W t(e, base) 1.00 4.1 1.00 7.1 1.00 1.00 6.2 1.00 1.00 1.00 1.00 N t(c,hv) 0 r � P(hv) p 0 0.20 0.20 0.10 0.20 0.20 0.10 t(c,g) 0.00 0.00 0.00 0.00 0.00 0.00 N d' Grade /100 0.00 0.70 0.00 N t(3,lt) t(c,T): 1 -stage 0.00 0.00 0.00 0.00 0.00 0100 0.00 0.00 0.00 2- -stage 0.00 0.00 1.00 1.00 0.00 1.00 1.00 t(c) 1 -stage 4.1 6.4 6.2 2 -stage Fol].ova -Up Time Calculations 10 11 12 Movement 1 4 7 8 R L T R L L L T t(f,base) 2.20 0.90 0.90 3.50 0.90 3.3Q 0.90 0.90 0.90 0.90 0.90 t(f,HV) 0 P(HV) 0 2.2 3.5 3.3 t(f) worksheet 5- Effect of Upstream Signals Computation 1 -Queue Clearance Time at Upstream Signal 2 Movement 5 V(t) V(1,prot) V(t) V(I,prot) V prog Total Saturation Flow Rate, s (vph) Arrival Type Effective Green, g (sec) Cycle Length, C (sec) Rp (from Exhibit 16 -11) Proportion vehicles arriving on green P g(ql) g(q2) g(q) Computation 2- Proportion of TIISC Intersection Time blocked Movement 2 Movement 5 VW V(I,prot) V(t) V(l,prot) beta Travel time, t(a) (sec) Smoothing Facto, F proportion o- conflicting flovT, f Max platooned flow, V(c,max) Min platooned flow, V(c,min) 7/24/2012 Item 9.B. Duration of blocked period, t(p) Proportion time blocked, p 0.000 0.000 Computation 3- Platoon Event Periods Result p(2) 0.000 p(5J 0.000 p.(dom) p(subo) Constrained or unconstrained? Proportion unblocked (1) (2) (3) for minor Single -stage Two -Stage Process movements, p(x) Process Stage I Stage II p(1) p(4) p(7) p(8) p(9) P(10) p(11) p(12) Computation 4 and 5 Single -Stage Process Movement 1 4 7 8 9 10 11 12 L L L T R L T R V c,x 1397 468 244 S Px V c,u,x C r,. x C plat, x Two -Stage Process 7 8 10 11 Stagel Stage2 Stagel Stage2 Stagel Stage2 Stagel Stage2 V(c,x) 1700 P(X) V(c,u,x) C(r,x) C (plat, x) Worksheet 6- Impedance and Capacity Equations Step l: RT from Minor St. 9 12- Conflicting Flows 244 Potential Capacity 800 Pedestrian Impedance Factor 1,00 1.00 Movement Capacity 800 Probability of Queue free St. 1.00 1.00 Step 2: LT from Major St. 4 1 Conflicting Flows 1397 Potential Capacity 496 Pedestrian Impedance Factor 1.00 1.00 Movement Capacity 496 Probability of Queue free St. 0.90 1.00 Maj L- Shared Prob Q free St. Packet Page -559- g 11 Step 3: TH from Minor St, Conflicting Flows Potential Capacity 1.00 1.00 Pedestrian) Impedance Factor 0.90 Cap. Adj. factor due to Impeding mvmnt 0.90 Movement Capacity 1,00 1.00 probability of Queue free St. Step 4: LT frorq Minor St. 7 10 Part 2 - Second Stage Conflicting Flows 557 Conflicting Flows Potential Capacity 1.00 1.00 Pedestrian Impedance Factor 0.90 Cap. Adj. factor due to Impeding mvmnt Maj. L, Min T Impedance factor 0.92 Maj. L, Min T Adj. Imp Factor. 0000 0.92 Cap. Adj. factor due to Impeding mvmnt Potential Capacity Movement Capacity 1.00 Pedestrian Impedance Factor due to Impeding mvmnt 07 0.90 Cap. Adj. factor Worksheet 7- Computation of the Effect of Two -stage Gap Acceptance Result for 2 stage process: a �' y 11 �y Step 3: TR from Minor St- 1.00 1.00 7 10 Step 4: LT from Minor St. C) Part 1 - First Stage Part 1 - First Stage Conflicting Flows dNN Potential Capacity Pedestrian Impedance Factor N Pedestrian Impedance Factor Cap. Adj. factor due to Impeding mvmnt Cap. Adj. factor due to Impeding mvmnt Part 2 - Second Stage Movement Capacity Conflicting Flows Probability of Queue free St. Potential Capacity Part 2 - Second Stage Conflicting Flows Potential Capacity Pedestrian Impedance Factor Cap. Adj. factor due to Impeding mvmnt Movement Capacity Part 3 - Single Stage Conflicting Flows Potential Capacity 1.00 1.00 Pedestrian Impedance Factor due to Impeding mvmnt 0.90 0.90 Cap. Adj. factor Movement Capacity Result for 2 stage process: a y C t Probability of Queue free St. 1.00 1.00 7 10 Step 4: LT from Minor St. Part 1 - First Stage Conflicting Flows Potential Capacity Pedestrian Impedance Factor Cap. Adj. factor due to Impeding mvmnt Movement Capacity Part 2 - Second Stage Conflicting Flows Potential Capacity pedestrian Impedance Factor Cap. Adj. factor due to Impeding mvmnt Movement Capacity Part 3 - Single Stage 468 Conflicting Flows 7/24/2012 Item 9.B. Potential Capacity 557 Pedestrian Impedance Factor 1.00 1.00 Maj.. L, Min T Impedance factor 0.90 Maj. L, Min T Adj. Imp Factor. 0.92 0.92 Cap. Adj. factor due to Impeding mvmnt 0.90 Movement Capacity Soo Results for Two -stage process: a Y C t 500 Worksheet 8- Shared Lane Calculations Movement 7 8 9 10 11 12 L T R L T R volume (vph) 903 L Movement Capacity (vph) 500 800 Shared Lane Capacity (vph) Worksheet 9- Computation of Effect of Flared Minor Street Approaches Moveent 7 8 9 10 11 12 m L T R L T R C Sep 500 Volume 903 2 Delay Q Sep Q Sep +1 round (Qsep +1) n max C sh SUM C Sep n C act Worksheet 10- Delay, Queue Length, and Level of Service Movement 1 4 7 8 9 10 11 1.2 Lane Con-fig L L R v (vph) 51 903 G C(m) (vph) 496 500 800 v/c 0.10 1.81 0.00 95% queue length 0.34 56.38 0.01 Control Delay 13.1 390.4 9.5 LOS B F A Approach Delay 389.5 Approach LOS F WorY..sheet 11- Shared Major LT Impedance and Delay Movement 2 Movement 5 p(oa) i..vv v(il )., Volume for stream 2 or 5 v(i2), Volume for stream 3.or 6 s(il), Saturation flow rate for stream 2 or 5 s(i2), Saturation flow rate for stream 3 or 6 Px(oj) d (I3, LT) , Delay for stream 1 or 4 13.1 N, Number of major street through lanes d(rank,l) Delay for stream 2 or 5 Packet Page -561- u L N N T- C:) N d' N ti U u> 0 r lLl z 410 o dw J L a' > J81' C U Q OS Z 99 --A= 0 ool w w Nn it L-- f—,999 0 N M , Ot —09 --- 09t IF v a i❑ �Q .0 ) sz, o ct- rn m 0 r� �w 0 0 M 0 CC �w OQ 7/24/2012 Item 9.13. L-a�s o2� 12 J � �-- ooF U 9ZZ J81' C C os-- to o w w -o O in r 0 � rti7., OJr9 � T 0 it sz� L�D N 2 21, N IN 18 I 1.91 1 00 Packet Page -563- LLI CC LL 3 0 2 y a� y � m.� N W a� L Lu r (D J uj N y N 7j J Y, D O T- 4 Ll-1 E Q. a, Q 0 ly- LO N 0 N w � � co C°Ny 9ZZ w > oaz 0 0 07 964 ° 0 it sz� L�D N 2 21, N IN 18 I 1.91 1 00 Packet Page -563- LLI CC LL 3 0 2 y a� y � m.� N W a� L Lu r (D J uj N y N 7j J Y, D O T- 4 Ll-1 E Q. a, Q 0 ly- LO N 0 N w W. O 04 CN rl- q 7/24/2012 Item 9.13. PROJECT: DATE; 10111/61) DAY; WET).NESQAY WEATHER; SUNNY A.nn bKA - a.nn AM .. '_ � 1r`}.' xs`o a+T' -r t[i � F.�?'•J�� >„ it � i f' %, � ... .ay is V%n . rY' . \Y � is C%ti' ,y�v V�-`r yA..'2°.✓ti . c pip, l' y sr L r ';% �,ri{r' 4bt. -�'' n�- �p'•,•�`f� •. +.�':�'p a`.`fi �g gf�'p'j{5..y�w�'r; ,tn .. �i'.F NM 0' - N, MM ai. 4" "ELF p�ty��(` /��.. N { •� yi� vN� ,�ljri �3e,� -�• � -� / ��._ U<� i�. �±. v,rh. rY` <.✓h ��' INN '. r. 7•✓y'.(i G / . `j . 5;= -1,;i�EMn£:p .TC� :..3/..�fiF^,' ,A. k ;� 'J� �• 'K�.+ %` r..� '` {may/ -.` t; ee�r` ;R�� ' • -:Y� .! Y'i (a �.. Y.._ �rb�yol-��Yy11�. -....t :.7�.�;�'�'�" > ... �A v� �� tsunun arcwnuc umvc <, BONITA.GRAFIDE.1S12NE BONITA 9EACH k0AL1 INTER- 15 FiIN BEGIN NORTHBOUND LEFT THRU R1GF1'T TOTAL SOUTHBOUND .LEFT THRU P.ICHY EASTBOUND TOTAL LEFT T14RU RIGHT 27 90 25 9 38 53 39 12 TOTAL . 73 104 WESTBOUND . LEFT THRU RIGHT 0 22 3 0 29 4 TOTAL 25 33 SECTION TOTAL 14$ 196 4:00 PM 21 3 0 24 9 1 17 12 4 22 4:15 PM 4.30 PM 16 5 0 30 4 1 23 35 3 2 19 24 37 36 14 89 0 24 10 1 34 8 34 43 182 213 4:45 PA1 31 2 0 4 1 33 47 10 1 2,8 6 3 41 39 48 42 8 50 42 28 6 98 76 0 44 6, 50 223 5160 PM ' 5:15 Pfd 37 25 3 0 28 10 5 16 31 42 31 8 43 43 34 17 81 94 0 32 6 0 41 14 38 55 178 221 530 PM 5.45 PM 24 5 0 2b 2 b 1 29 22 14 1 28 11 1 '23 35 33 20 11 85 64 1 679 0 26 9 A 1 252 - 60 35 313 156 1520 TOTAL: 206 39 2 241 75 18 194 . 287 1 337 257 40 367 1 131 HOUR tsunun arcwnuc umvc EASTBOUND WESTBOUND -- - SECTION BEGIN [LEFT NORTHBOUND' SOUTHBOUND THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL TOTAL THP.0 RIGHT TOTAL LEFT 144 43 364 i 109 25 135 742 100 14 1 115 34 B B6 126 151 17T i80 147 40 367 1 131 28 160 816 116 20 2 138 31 10 110 144 169 139 36 3444 1 434 3165 796 fl4:30PM 123 18 2 143 29 i 1 104 186 835 fig y 40 10 108 159 160 113 42 315 Q 143 35 178 778 126 ., I - Packet Page -565- Q.: CV T- C) CV It CN I` LOCATION: BONITA GRANDE DRIVE & BONITA DATE: 1011106 DAY: WEDNESDAY PEAK HOUR: 4:45 PM -5:4'5 PM 730 4s% 381 <-- 175 349 -- > 135 -> 42% 39 -v Note; Percents (%) represent movemeitvotumes divided by the total intersection traffic 391 CH ROAD A I 20% I 27% 163 v 228 I " I ! ! I v 113 i0 40 I ! t I c v > 19 I I I v 50 < n > � � I I I I I � i 117 19 1 n i i I 137 A 16% I I Y 187 34 22% <— 151 v— 1 —> 176 21% 362 i - ._.- . - - - - - -- 7/24/2012 Item 9.13. �6.nes, Volumes, Timings 2; Immokslee Rd @ CR -951 8/31/2001 - IN � PM PEAK - Provided tunings Synehro 5 Report Page I VANASSPORT -ST51 Packet Page -567- i j_ I (D O '00 0 c') C414 ,.Z C4 CJ CL Lo t, cl Cq t----Or .— .JLO ,o U�l CA (N 04 3w=5m= co � '02 7a 0 .2 0 (t) Lj -0 C 'o 0- Cli 00 LO co C14 L= S-- C= z 0 a) > -P to R CL 0 C : uj > Z 03 ca 25 CL o C-4 LO FO—O0 Ul Lo N .0 '00 0 c') C414 ,.Z C4 CJ CL Lo t, cl Cq t----Or .— .JLO ,o U�l CA (N 04 3w=5m= co � '02 0 11 -0 'o 0- Cli 00 LO co C14 S-- C= z Cl) tf-- C : > 25 CL o C-4 LO C:) Lo N .0 zt= 03a 5, LO '00 0 c') C414 ,.Z C4 CJ CL Lo t, cl Cq t----Or .— .JLO ,o U�l CA (N 04 3w=5m= O CL 0. CL O- a. it fi SO co � '02 0 11 -0 Cli 00 cn Cl) tf-- 0 CO CL cr) co C) I '0— C-4 LO C:) zt= 03a 5, LO CA CL E CS M T o: tr) 0 L 0 cq co cq co t-- 0, CA C. O CL 0. CL O- a. it fi SO fn CO CL IL C-4 zt= 03a 5, CL E CS Ca O CL 0. CL O- a. it fi SO 7/24/2012 Item 9.B. Packet Page -569- �n nF , 1 nn rr �,tla- LO'�JUL iv�Csh UL�08 'Iii IzW1OCYiJr Bent By: HWA; w� L N N T- C) N ,It C14 t` hnuan/28,2002 n�1 ir,r G J-1 941 649 7056; Jan -29 -02 9:5 6Aid; Pega i /2 P. On /cn goat -" Fax Note 7671 DaZS I Go.(C73Pt. G6' t. -�Yt' Phone Rt197 S# ct - I C! lJ �5-- G .. 8x$ raKfA tic. Norman Feder, .A.IM .¢s4f4ia sbm. tgr Collier county '1YMsportation`t -6 s zs lx,vl� ion 2675 South Horea540e Drzti�� uu ita �Of Naples, FL 34104 r et .l arkland ,5 PtTDIDJZr4- Cgau arrienSIDIZ C.omemc"IPirtt 4gFecmant F?aar Mr. Feder: Pursuant to ot?r rn ting on ;rslqay 15, 2002, Wow please find a drAit conctruct[onwohcdule for !,Ogau Boulevard Extonsion. For 1 am- forwar in, copies of this letter to Dawn Wolfe, TratYsportaiion Pl=ing Di z'";Wri•ty J- 46quQina " Yacldo' Robinson, Assista-tt CoAnty AttornaY, so that a d?;3R Woor -neat for cOgSt`"il6dQIY;6$ii lie d develop: . You indkated that Your %ta6woald Work dirLctly • ith Ms. Robinson to cxptdilc t�6- 4$V .fo.15 1 eftt-Of0 draft a�. -C-, 1Grtt orzcf. wa had f�n*VaXti--d fo yott s °i�uIIeted„ co istructian sehedrtle. 1r, a dl iari.i .. ?e tit s anus highlighted below, we have indicated that Puzklands 7lnva] Will ij '3:;4•x .aa`vS. i u:x..::t vf5` G' nu[?cgi for i .Bb 7 ?C;e=nt in thje alt t G un�tu_ 1y, uz ,n .:r2 a rev form of impact fee,Cted {ts. Wa'' tsi course expect to be bred azi a fair sbace cost, by any developments approved by fh> :i�ab.PtSr, whioh a�jait? Lo�gart Boulevard Extensiori wccris it Pxt=&I, fin: thec Parlhlands north to Bor-tita 13 ~lt A:pa�, or uouth from Parklmda to Ilnwokalee Road. T6 proposed construction s h izi i as follows' Phasa F Oilde Cynrwssto sout"hPva E�uinnz =o£Seotloa 9 - 1 312 miles 2 Lane IDkivided•1301110vard Start Spring 2004 40oxnpleta Spring 2005 Phase U parklands alliez - Aji��n<z?t v,;$jil St�otjo 9 to North(tra Property Lino - I 314 ;Hiles 2 Lid DIv!4fA Boulevard v�l Tum Lme, Access Start Spying 2006 Complete Spring, 2007 I?has� III ' Parklan& Lea - Logan Exf. Baundary of Sectim) 4, good] Prop; ? ty line to Bonita Beach Road ExYet�iori - l tr�ile 2 Luria. Urban S action Start Sprun 2M : Cctnplute Spring 200a 3060 r +orlh Hw -a-hoo [SOM 8vite•270, KaPJO, Flar9d,t 34104- (041) 649 -i50q, (ax: (941) 5119 -7068 • `r�wvr.consul;•rKra.c�m 7/24/2012 Item 9.13. b A, ID. 6 - 2 ' 0 0 2 [A 0 N U' 2 : S 6 P1 M RM R. ST ". nt By: MUA; 941 649 7055; Jan -2$ -02 9:57AM, Page 212 MCI', pM,DRI LOF 5yte*41on Can=ction Agr raeut raga 2 Please lit mu Lnow if You any tdji,ticMI KQM ation h order tO CIOV610P the Robert S. Mulhero, AtCP: Mcoor of RWA, InG. • C.. WeV--, ssyn g ganav pr Brain Pmar (VIA Vam5&dlr) chftrleg I Bas3nzlt vj4 Vex:51mile) E)avld Vn&�-hM (W t`ars'h)!Lt) Ted Tr&,*h (via vacizmflp) Bill Olives (Via F=Infflo) n Packet Page -571- u N N 0 N d' N ti Zolob�l�' ty Greer Management QiVision Manning & Regulation October 22, 2010 Land Development Services Mr. Robert L. Duane, AICP pUDA-PL2010 -1551 REVA Hole Montes, Inc. DATRE:L12 /229/10 950 Encore Way DUE: 1/28/11 Naples, FL 34110 RE: PUD Minor Change, Parklands PUD, PMC- PL2010 -1707 Dear Mr. Duane: This letter is in response to your application accepted on September 24, 2010, requesting administrative approval of a minor refinement to the adopted Parklands PUD Master Concept Plan pursuant to Section 10.02.13 E.8 of the Land Development Code (LDC). The proposed change is to relocate the internal roadway to allow for the planned extension of Logan Boulevard. Because of this internal road -way relocation, the following changes will occur in this PUD: 20TO LNNO USr= SUHNVRY Pursuant to LDC Section 10.02.13.E.00, staff makes the following findings: 0 The proposed change is internal to the site and therefore will not affect any previous determination as to the compatibility of this site with adjacent land_ uses; and 0 Because the rnusor" change approved in 2005 (AR -7392) realigned the northern access point as shown in the proposed lbfaster Plan, this Honor change will have no impacts external to the site a. # TFater management facilities are only conceptually shown without benefit of actual calculations as "Lakes" on the current Ifaster Plan or this proposed Master- Plan therefore no impacts are evident; and Pagel of 2 Lard 2 -80 north Horsashne Drive • Naples,, Florida 34104. 239-252-24-190 � ym.v ,ca;Iiergov,Pet 2CD3 PUC 1- Rcriosa) PUD Acres Atras Pemed Rr ,Coop Open Sp=e tornrmn I Racreatiai 193.9 P -aserve 1542 158.1 24'91`, Lakes 92.1 qO.6 143,% 7oEai Rec. ( Cspm spce 440tO 4,44.£ 70 4 14 Right Ofwoy RON, Comity 17.2 2.6% R.Q.W. infernal 123. it},8 17 SC13G -GI sltS 1919 19.6 3.1 WI ! rQII,J TvtW Oa52 1GO.0% Pursuant to LDC Section 10.02.13.E.00, staff makes the following findings: 0 The proposed change is internal to the site and therefore will not affect any previous determination as to the compatibility of this site with adjacent land_ uses; and 0 Because the rnusor" change approved in 2005 (AR -7392) realigned the northern access point as shown in the proposed lbfaster Plan, this Honor change will have no impacts external to the site a. # TFater management facilities are only conceptually shown without benefit of actual calculations as "Lakes" on the current Ifaster Plan or this proposed Master- Plan therefore no impacts are evident; and Pagel of 2 Lard 2 -80 north Horsashne Drive • Naples,, Florida 34104. 239-252-24-190 � ym.v ,ca;Iiergov,Pet -- - 7/24/2012 Item 9.13. Letterto Robert Duane, AICP PUD Minor Change, Parklands PUD, PIYC- PL2010 -1707 October22, 2010 e The proposed Master Plan does not negatively impact conservationlpreservation areas —the CommonlRe creat ion, Preserve acreage will increase in the proposed Alfaster Plan; and I Required easements are not shown on the current Vaster Plan or on the proposed Master Plan, therefore no impacts are evident; and b. The proposed Master Plan proposes the relocation of building envelopes but there will be no encroachment upon required conservation or preservation areas. C. Tlie proposed Master Plan does not proposed the relocation of swimming pools, clubhouses, or other recreation facilities therefore there will be no effect from said action upon adjacent properties or land uses. d. If any approved water management plans require revision based upon the proposed Master Plan change, the owner /developer entity must comply with the rules governing such action. From the information shown on the Conceptual Master Plan, last revised August 2010 it is the opinion of staff that the proposed minor refinements are consistent with the Collier County Growth Management .Plan and with the criteria contained in the LDC citation noted above allowing administrative approval of minor changes to an approved Master Plan. Therefore, I have approved the requested minor revisions as noted above. This administrative approval does not relieve the project from compliance with all applicable federal, state and local regulations and procedures. This project is also a Development of Regional Impact (DRI). Should the changes adopted as part of this PUD minor change process require an amendment to the DRI, the developer must pursue that action. This PUD minor change does not alleviate any requirement to procure approval of DRI Master Plan/Map H amendments. If you need further information or assistance, please contact me at 239- 252 -2931 or via email at kaydeselem@colliercrov.net. Sincerely, Kay Deselem, AICP Principal Planner, Zoning Services Attachment: Revised Master Concept Plan for Parklands DRI, dated o /2010 cc: Ray Bellows, Zoning Manager Laurie Beard, PUD monitoring Heidi Ashton- Cicko, Asst. County Attorney PUD /DRI Files Dan Trescott, SW FL Regional Planning Council Page 2of2 Packet Page -573 - ri C, —14- VI O CN It 04 rl- We CL in 10 Z ol cl � x a- lrj; .4t t el x R3 P Und IS3M -iivnD D CL V) L11 < < CL 0 0 U) z I�c cr! 34 ;qo r. Und IS3M -iivnD D CL V) L11 < < CL 0 0 U) z I�c PUDA -P 7/24/2012 Item 9.13. PARKL. uvU6 23 DATE: 12129110 ,bq ORDINANCE NO, 03 -42 DUE: 1/28111 �g _ I t AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102- .. .• d THE COLLIER COUNTY LAND DEVELOPMENT CODE WINCH =' t INCLUDES THE COMPREHENSIVE ZONING REGULATIONS '. FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, '7 : -, c'��p ®2�aL9�,�q, FLORIDA BY AMENDING THE OFFICIAL 'ZONING ATLAS MAP (S) NUMBERED 86095 AND 8609N; BY CHANGING TIIE c ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE PARKLANDS PUD LOCATED EAST OF QUAIL WEST AND SOUTH OF THE LEE /COLLIER COUNTY LINE IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 635.2 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 93-43 AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert J. Mulhere, of RWA Consulting, Inc., representing Dewey R. Gargiulo, Trustee, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section, Township South, Range East, Collier County, Florida, is changed from "PUD" and to "PUD" Planned Unit Development in accordance with the Parklands PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 8609S and 8609N, as described in Ordinance Number 91 -102, the Collier County Land Development Code, arc hereby amended accordingly. SECTION TWO: Ordinance number 93-43, known as the Parklands PUD, adopted on July 27, 1993, by the Board of County Commissioners of Collier County is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with-the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ;:5194QPDkg—' 2003. BOARD OF COUNTY COMMISSIONERS COLLIER COU PIT, FLO DA A T: BY: _'14 ��e Y ' TOM HENNING, CHAIRMAN fj DWIGHT E. BROCK, CLERK Attegt as to7 0599 'a This ordinance filed with the Approved as'to Form. '' Secr tory of State's Office e t al egal efficiency daY of and acknowle gement of that t film rece ved �`�day Nor Iviarjorie A4. Student Of Assistant County Attorney 6y D amity cs.: P UDZ/- 2003 -AR- 235 7 /RBllo j Packet Page -575- t_ a� N 0 N ,I- C14 ti PLANNED UNIT DEVELOPMENT DOCUMENT FOR THE PARKLANDS A PLANNED COMMUNITY PREPARED BY: ROBERT J. MULHERE, AICP RWA, INC. 3050 North Horseshoe Drive, Suite 270 Naples FI 34104 March 2003 Originally approved by B.C.C. September 10, 1985 First Amendment approved by B.C.C. July 27, 1993 Second Amendment approved by B.C.C. 9-q-03 Exhibit A 7/24/2012 Item 9.13. INDEX SECTION I GENERAL DEVELOPMENT INFORMATION SECTION II PROJECT DEVELOPMENT SECTION III RESIDENTIAL "R" SECTION IV PRESERVE AREAS "P" SECTION V COMMONS /RECREATION "C/R" SECTION VI BUFFERS, PARKS, GREEN BELTS, UTILITIES, ELEMENTARY SCHOOLS, ETC. "PF' AND LAKES "L" SECTION VII GENERAL DEVELOPMENT COMMITMENTS LIST OF EXH IB ITS EXHIBIT "A" CONCEPTUAL MASTER PLAN EXHIBIT "B" SCHOOL SITE DEDICATION CORRESPONDENCE EXHIBIT "C" LOGAN BOULEVARD CONSTRUCTION AGREEMENT Packet Page -577- PAGE 3 8 12 14 17 181 me N N O N dt N ti STATEMENT OF COMPLIANCE The development consists of 635.2 acres of land in Collier County and will be a Planned Unit Development (PUD) and includes the Collier County portion of the Parklands Development of Regional Impact (DRI) to be known as the Parklands PUD. The PUD /DRI is consistent with and furthers the applicable goals, objectives and policies of the Collier County Growth Management Plan (GMP). The Parklands PUD is a single and multi - family residential community with associated recreational uses, including up to 27 holes of golf. More specifically, the Parklands PUD is consistent with the Collier County GMP for the following reasons: 1. The total acreage of the Parklands PUD is 635.2. The maximum number of dwelling units that may be constructed within the PUD is 1,603. The number of dwelling units per gross acre is 2.5 units per acre. Net density may vary on a parcel -by- parcel basis, according to the type of housing placed on each parcel. The gross density of 2.5 dwelling units per acre is consistent with the Future Land Use Element (FLUE) of the GMP, which permits up to 4.0 dwelling units per gross acre on lands designated Urban and located within the Urban Mixed Use District and the Urban Residential Subdistrict. The PUD Master Plan (Master Plan) has been designed to utilize clustering of the development tracts and to preserve significant amounts of open space and natural areas, including the project's participation in, and contribution to the enhancement and completion of the regional flowway which will convey surface water from the subject project as well Is other nearby and adjacent developments including, among others, Olde Cypress; Mirasol and Terafina. 2. The subject property is designated Urban on the Future Land Use Map (FLUM) and is located entirely within the Urban Mixed Use District and Urban Residential Subdistrict. 3. The subject property's location in relation to existing and proposed community facilities and services is consistent with Objective 2 of the FLUE in that such facilities exist, or are planned to be developed, concurrent with the project development schedule. Moreover, due to its locational consistency with the FLUE and proximity to similar existing and approved projects, the subject project development will result in an efficient and economical allocation of community facilities and services, as required by Policy 3.1 of the FLUE. 4. The development authorized by this PUD is compatible with and complementary to existing and future land uses as required by Policy 5.4 of the FLUE. 5. The project's participation in and contribution to the regional flowway will be consistent with Policy 1.4.2. of the Drainage Sub - Element of the Public Facilities Element of the GMP, by contributing, along with other nearby and adjacent properties, to the correction of existing deficiencies and by utilizing innovative (non - public) funding sources to create /restore the flowway. The regional flowway will protect, enhance and restore the natural drainage features and groundwater aquifer recharge areas. 7/24/2012 Item 9.13. SECTION I GENERAL DEVELOPMENT INFORMATION 1.01 INTRODUCTION AND PURPOSE It is the intent of Parklands Development, LP; hereinafter called "applicant" or "developer ", to establish and develop a planned unit development (PUD) on approximately 635.2 acres of property located in Collier County, Florida. It is the purpose of this Document to provide the required standards and to set forth guidelines for the future development of the property (only that portion of the project that is located within Collier County). 1.02 SHORT TITLE The PUD development shall be known and cited as "The Parklands PUD," 1.03 LEGAL DESCRIPTION Section 9, Township 48 South, Range 26 East, Collier County, Florida subject to easements. restrictions, and reservations of record: containing ± 635.2 acres more or less. 1.04 PROPERTY OWNERSHIP The subject property is owned by Parklands Development, LP. 1.05 GENERAL DESCRIPTION OF THE PROPERTY The subject property is located entirely within unincorporated Collier County and is south of Bonita Beach Road on the Lee /Collier border. The project is bounded on the west by the Quail West PUD District, on the east by the Mirasol PUD District, and on the south by the Terafina PUD District. The subject property will be accessible via Bonita Beach Road. Logan Boulevard Extension, and may be accessible from the planned east/west Livingston Road and a future extension of Collier Boulevard (CR 951). The subject property is currently zoned PUD, and is part of the Parklands multi jurisdictional DRI. 1.06 PROJECT DESCRIPTION The Parklands PUD is a residential single and multi - family golf course development currently approved for up to 1,603 dwelling units on 635.2 acres of land. Recreational and other accessory facilities are anticipated and may be provided in conjunction with the residential and/or golf course uses. All components of the project, including residential and recreational uses, signage, and supporting infrastructure are designed to be harmonious %with one another by using common architecture. appropriate screening and bufferiflZ. and by preserving and utilizing native vegetation whenever feasible. The Page 1 Packet Page -579- Parklands project is committed to participating in the creation of a regional flow -way to ,protect and enhance drainage, water quality, aquifer recharge and wildlife habitat, both on -site and to those portions of the flow -way that are off -site. The PITD also provides for a significant regional transportation enhancement through right -of -way dedication for future roadway improvements and through the construction of Logan Boulevard Extension north from its current terminus to Bonita Beach Road, The PUD provides for construction of this additional north/south collector in an expedited tirneframe with a completion schedule designed to address the project's impacts to the road network. In addition, the construction of this north/south collector will help to address the traffic m impacts of other nearby developments. ai E N O N N ti Page 2 SECTION II PROJECT DEVELOPMENT 2.01 PURPOSE 7/24/2012 Item 9.B. 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 A. The Parklands PUD is a planned community, which includes, but is not limited to, a mixture of residential housing types, golf course, open space /parks and reserve areas. Development of the project shall be in accordance with the provisions of the Parklands DRI Development Order, the PUD Document, and applicable provisions of the LDC and OMP, including but not limited to, final subdivision plat, final site development plan (SDP), excavation permit and preliminary work authorization (PWA), as such red *ulations may apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application or application for other final local development order. C. Unless modified or excepted by this PUD, the provisions of the LDC, where applicable, shall remain in full force and effect with respect to development of' the land which comprises this PUD. D. All conditions imposed and all graphic material attached hereto depicting restrictions applicable to the development of the Parklands PUD shall become part of the regulations that govern the manner in which the PUD may be developed. 2.03 SITE PLAN APPROVAL When a site development plan approval is required by this Document or the LDC, the procedure outlined in Division 3.3 of the LDC shall be followed. In the case of multi- family, clustered and zero lot Iine development, with common architectural theme, required property development regulations may be waived or reduced provided a SDP is approved in compliance with Division 3.3 of the LDC, 2.04 DESCRIPTION OF PROPOSED LAND USES The following Table is a schedule of the intended Iand use types, with approximate acreages and total dwelling units indicated. The conceptual spatial arrangement of these Page 3 Packet Page -581- N N 0 N d' N ti land use types, as shown on Exhibit "A ", is depicted on the PUD Master Plan. Minor chancres and variations in design and acreages shall be permitted at the final design phase to accommodate topography, vegetation and other development or site conditions. The final size of the recreation and open space areas will depend on the actual requirements for water management, the final design of the regional flow-way, golf course layout, utilities, roadway patterns and dwelling unit size and configuration. But in no case shall the open space area fall below that which is required pursuant to LDC, Section 2.6.6.2.2. APPROXIMATE LAND USE DISTRIBUTION SCHEDULE I Table 1 Land Use Approximate Acres Density/Intensity School Site 15 Acres N/A Lakes 96 Acres N/A Internal Right-of-Way 35 Acres N/A County Dedicated Right-of-Way 10.6 Acres N/A Residential 143,2 Acres Maximum 1603 2 Units Preserve 155.4 Acres N/A Commons/Recreation Area 180 Acres Maximum 27 Holes Total 635.2 Acres N/A 1. It is understood that the above figures are approximate and subject to change at the final design phase. 2. The total maximum number of dwelling units shall not exceed 1,603. subject to the following conversion table: UNIT CONVERSION TABLE Table 2 1. For every single- family unit permitted in excess of 123 units, the maximum density is reduced by 1.667 units. [1.667 Multi - Family units convert to one (1.0) single - family unit] 2.05 PROJECT DENSITY The total acreage of the Parklands PUD is approximately 635.2 acres. The maximum number of dwelling units to be built on the total acreage is 1,603. The number of dwelling units per gross acre is approximately 2.5. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each ZP parcel of land. Page 4 ` a an Ie", ar y "x' r Ii'Ir�lfi= mi y y SEnCur 1 DU 0.6 DU 1.667 DUs l 1.0 DU 1. For every single- family unit permitted in excess of 123 units, the maximum density is reduced by 1.667 units. [1.667 Multi - Family units convert to one (1.0) single - family unit] 2.05 PROJECT DENSITY The total acreage of the Parklands PUD is approximately 635.2 acres. The maximum number of dwelling units to be built on the total acreage is 1,603. The number of dwelling units per gross acre is approximately 2.5. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each ZP parcel of land. Page 4 7/24/2012 Item 9.13. 2.06 DEVELOPMENT SEQUENCE AND SCHEDULE The applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated 20 -year time period (4 phases), any projection of project development can be no more than an estimate based on current marketing knowledge. The estimate change depending on future economic factors. This PUD contains schedules and other specific commitments for required transportation improvements in Section 7.13 of this document. 2.07 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recordation of a plat, and /or condominium plat for all or part of the PUD, final construction plans shall receive approval by the applicable Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County LDC, and the applicable laws of the State of Florida. B. Exhibit "A," the PUD Master Plan, constitutes the required PUD development plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat (PSP), if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land depicted on the PUD Master PIan shall be in compliance with Division 3.2 of the LDC; as applicable, and the applicable laws of the State of Florida. C. The applicable provisions of Division 33 of the LDC shall apply to the development of all platted tracts or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. D. The developer of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a PSP prior to submittal of construction plans and a final plat for any portion of the tract or parcel. E. Easements shall be provided for water management areas, utilities and other purposes as may be needed. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. 108 MODEL HOMES, SALES AND PROJECT OFFICES Model homes, sales centers, project offices and other uses and structures including, but not Iimited to, viewing platforms, gazebos, pavilions, temporary parking areas, tents, and signs (in accordance with Division 2.5 of the LDC), shall be permitted under the applicable provision of the LDC related to the promotion, operations, and administration of the project, or the sale of real estate within the project. Temporary construction, sales, and administrative offices for the developer, builders, and their authorized contractors Page 5 Packet Page - 583 -._ Ws N N V- C) N d' N ti and consultants shall be permitted and shall be constructed in accordance with the appropriate LDC provisions in effect at the time permits are requested. 2.09 - PROPERTY OWNERS' ASSOCIATION/ COMMON AREA MAINTENANCE One or more property owners' associations shall provide common area maintenance, The purpose of the property owners' association shall be to provide timely and sustained high quality common area infrastructure and maintenance under the terms and conditions of County, state or other jurisdictional agency approval. The property owners' associations, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems serving the project, as well as common preserve areas, subject to provisions set forth in applicable permits from the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South Florida Water Management District. Nothing herein shall be construed to prevent the developer from establishing a community development district, which may, in part, serve some or all of the functions identified herein. 2.10 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Parklands PUD, except in any designated preserve or conservation tracts. General permitted uses include interim agricultural uses, and those uses which generally serve the developer and residents of the PUD and typically are part of the common infrastructure or are community facilities. A. General Permitted Uses: 1. Agricultural uses including related accessory uses and structures. Agricultural uses in any particular area shall be completely terminated prior to the issuance of any residential building permits for that area. 2. Essential services as provided for in the LDC, Section 2.6.9.1. 3. Water management facilities and related structures, including lakes, with or without bulkheads or other architectural or structural bank treatments. 4. Guardhouses, gatehouses, and access control structures (located outside the Logan Boulevard ROW). 5. Community and neighborhood parks, recreational facilities, and community centers, 6. Landscape features including, but not limited to, landscape buffers, berms, fences and walls in accordance with the provisions in the LDC in effect at the time permits are requested, unless otherwise specified herein. Page 6 7/24/2012 Item 9.13. B. Development Standards: Unless otherwise set forth herein, the following development standards shall apply to structures authorized by this Section, excluding water management and landscape related structures such as fences or walls: 1. Setback from back of curb or edge of pavement of any road: Fifteen feet (15'). Guardhouses, gatehouses, and access control structures shall have no required setback but shall be designed and located such that they do not cause vehicular stacking onto any public right -of -way. 2. Setback from exterior property lines and from the Logan Boulevard right - of -way: 1/2 the height of the structure, with the minimum being 15 feet, as measured from the edge of pavement. 3. Minimum distance between structures: Ten feet (10') between unrelated structures; or five feet (5') between structures that are part of an architectural unified grouping. 4. Minimum floor area: None required. 5. Minimum lot or parcel area: None required. 6. Sidewalks, bikepaths, and cartpaths may be placed within required buffers; however the width of the required buffer shall be increased Proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. 7. Standards for parking, landscaping, signs and other uses, where such standards are not specified herein, are to be in accordance with the LDC provisions in effect at the time of SDP or final plat approval. 2-11 OPEN SPACE REQUIREMENTS The PUD Master Plan and Approximate Land Use Distribution Schedule identify 431.4 acres of open space in the form of recreational /golf course areas, lakes and preserve areas. This represents approximately 687o of the project area which exceeds the 64% open space required by the LDC. ?.12 NATIVE VEGETATION RETENTION REQUIREMENTS A minimum of 25% of the viable naturally functioning native vegetation shall be preserved. Page 7 Packet Page -585- N 0 N N ti SECTION III RESIDENTIAL "R" 3.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Exhibit "A ", Conceptual Master Plan, as Residential. 3.02 MAXIMUM DWELLING UNIT'S A maximum number of 1,603 dwelling units may be constructed on all of the residential parcels. The maximum number of allowable dwelling units shall be reduced by 1.667 dwelling units for each single - family unit constructed in excess of 123 units, resulting in a maximum allowable number of 1,011 single - family dwelling units. 3.03 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or Iand or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Single - family detached dwellings. 2. Single - family zero lot line dwellings. 3. Single - family attached and townhouse dwellings. 4. T-%vo- family and duplex dwellings. 5. Multi- family dwellings. 6. Public and private parks, playgrounds, playfields, lakes and commonly owned open space. 7. Any other principal use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. B. Permitted Principal Uses and Structures Requiring Site Plan Approval 1. All multi - family housing, including villas, clustered development requesting a reduction in required development standards under a common architectural theme, townhouses and patio houses. Page 80 7/24/2012 Item 9.13. C. Permitted Accessory Uses and Structures Customary accessory uses and structure, including but not limited to private garages and swimming pools. 2. Signs as permitted by the LDC provisions in effect at the time building permits are requested. 3. Common area recreation and utility facilities. 4. Any other accessory use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. 3.04 DEVELOPMENT STANDARDS A. Table 3 sets forth the development standards for land uses within the Residential District. B. Site development standards for categories 1 — 5 set forth in Table 3 apply to platted parcel boundaries. C All perimeter buffers shall be a minimum of 35 feet in width. D. Standards for parking, landscaping, signs, and other uses, where such standards are not specified herein, shall be in accordance with the applicable LDC provisions in effect at the time of SDP, final plat, or building permit approval. Unless otherwise indicated, required yards, building heights, and minimum floor area apply to principal structures. E. Development standards for uses not specifically set forth in Table 3 shall be established during the SDP approval phase as set forth in Division 3.3 of the LDC in accordance with the standards for the zoning district which is most similar to the proposed use. F. . Off - street parking shall be provided in accordance with the applicable provisions of the LDC. Off- street parking for multi- family uses shall be accessed by parking aisles or driveways which are separate from any roads that serve more than one development. A green space area, not less than ten feet (10') in width as measured from edge of pavement to edge of pavement, shall be provided between any parking aisle or driveway and any abutting road. G. Single - family patio and zero lot line dwellings are identified separately from detached single - family dwellings with conventional side yard requirements to Page 9 Packet Page - 587- __-____ u N N O N N l'— distinguish these types of residences for the purposes of applying the development standards set forth in Table 3. H. Single - family and multi- family housing structure types may not be mixed within the same development tract. Parklands Development Standards for Residential "R" Areas *l TshIP 3 PEP- MITTED Single- Two Single- Multi- Commons/ USES AND Family Zero Lot Family & Family Family Recreation STANDARDS Detached Line Duplex Attached Dwellings Uses Category 1 2 3 4 5 6 Minimum Lot Area 5,000 SF*2 4,000 SF 3,500 SF 3,500 SF 9,000 SF N/A Minimum Lot 50' 40' 35' 35' 90' N/A Width*' Minimum Lot Depth 100' 100' 100' 100' 100' N/A Front Yard Setbacks 20' 20' 20'. 20'10 Front Yard S.P.S. S.P.S. S.P.S. S.P.S. S.P.S. S.P.S. Accessory Setbacks Side Yard Setbacks 6' O' or 10 7.5' 7.5' 15' 25' 10'10 Side Yard Accessory S.P.S. S.P.S. S.P.S. S.P.S. S.P.S. 20' Setbacks 10,10 Rear Yard Setbacks I5' I5' 15' 15' 15' 50 10,10 Rear Yard Setbacks 5' S' S' S' S' N/A 46 Rear Yard Accessory 5' S' S' S' 10' 20' setbacks 96 Maximum Building 2 stories not 2 stories not 2 stories not 2 stories not 4 stories, not 50' Height 17 to exceed to exceed to exceed to exceed to exceed 35' 35' 35' 35' 65' Distance Between 10' 10' 10' 10' 20' 10 Principal & Accessory Structures Distance Between 10' 0' or 10' 15' I5' 30' I0 Principal Structures Floor Area Minimum 1,000 SF 1,000 SF 1,000 SF 1,000 SF 750 SF N/A Setbacks from 25' 25' 25' 25' 25' 25' Preserve Areas — Principal Structures Setbacks from 10' 10' 10' 10' 10' 10' Preserve Areas — Accessory Structures S.P_S. — Same as principal structure =1 Required yards may be reduced for projects employing clustered development techniques with common, architecturally integrated design features, including but not limited to: landscaping treatments, entryway f atures, signage, fighting, common recr°,.ationai facilities, and other common or complimentary design elements. In no case shall such a reduction of required setback result in a separation between structures of less than 10 feet. °2 SF refers to square feet. All other measurements are Ln linear feet. 43 3,500 SF of lot area per dwelling unit. Page 10 7/24/2012 Item 9.13. *4 Minimum lot width may be reduced by 20% for cul -de -sac lots provided the minimum lot area requirement is maintained. 'j Front vards shall be measured as follows:. A. if the parcel is served by a public right -of -way, setback is measured from the adjacent right -of -way line. B. if the parcel is served by a private road, setback is measured from the back of curb or edge of pavement (if not curbed). C. If the parcel has frontage on two sides, the setback is measured from the side with the shortest frontage with the other frontage designated as a side yard. 46 Rear yards for principal and accessory structures in the "R" residential district, on lots and tracts that abut takes and open spaces, including golf courses may be reduced to zero. In the case of rear yards adjacent tp lakes, the setback shall be measured from the lake maintenance easement. °7 Building height shall be measured in accordance with the provisions set forth in the LDC at the time of development order approval. b8 Distance may be reduced to 10 feet for garages for multi - family dwellings. °9 Applicable only to the golf course clubhouse and maintenance facilities, and only applicable from residential parcels, otherwise no set- back is required (0'). *10 Applicable to all other recreational buildings not associated with golf course. clubhouse or maintenance facility. Where such recreational facilities are adjacent to either a golf course or a lake, no setback is required. Page 11 Packet Page -589- _ _ re t= N O N d' N t` SECTION IV PRESERVE AREAS "P" 4.01 PURPOSE The purpose of this Section is to set forth the regulations for the area designated as Preserve on Exhibit "A ", Master Plan. The primary purpose of the Preserve is to: retain viable naturally functioning wetlands and upland systems; allow for restoration and enhancement of impacted or degraded wetland systems; and provide an open space amenity for the enjoyment of the Parklands PUD residents and, if applicable, the general public. 4.02 GENERAL DESCRIPTION Areas designated as Preserve on the Master Plan are intended and designed to accommodate conservation and limited water management uses and functions. 4.03 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, subject to local, regional, state and federal permits, when required: A. Principal Uses 1. Nature trails including boardwalks; 2. Recreational shelters and rest rooms, in Preserve upland areas; 3 Boat trails; 4 Paths and bridges to provide access from the uplands; 5. Drainage and water management structures; 6. Parks, passive recreational areas, conservation, and preservation uses, when approved by the Planning Services Director; and, 7. Any other use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. Page 12 7/24/2012 Item 9.13. B. Accessory Uses and Structures: I. Accessory uses and structures customarily associated with the uses permitted in the Preserve Area, including: a. Landscaping, revegetation and restoration; and, b. Minimum excavation, when required for restoration or for water management facilities. 2. Signs as permitted by Division 2.5 of the LDC. 4.04 DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with Subsection 3.2.8.4.7.3, of the LDC, and further subject to the following: 1. Lighting shall be arranged to prevent disturbances to the Preserve Area. 2. Maximum height of structures: Twenty -five (25) feet. 3. Minimum distance between principal structures: Ten (10) feet. 4. Minimum distance between accessory structures: Five (5) feet. 5. Minimum floor area: None required. 6. Minimum lot or parcel area: None required. 4.05 PRESERVE CONSERVATION EASEMENT Subsection 3.2.8.4.73, of the LDC, requires a non-exclusive conservation easement for lands included in the Preserve Area. A non- exclusive conservation easement may also be required by other regulatory agencies with jurisdiction over Preserve lands. Ln addition to complying with the applicable LDC requirements, said easement(s) shall be provided in accordance with the terms set forth in any applicable permit granted by any other jurisdictional agency. The developer, its successors or assigns, including the master property owners' association, shall be responsible for control and maintenance of lands. within the Preserve Area unless another responsible entity is identified. Where applicable, the conservation easements in the Preserve Area shall provide for allowance of future permitting and mitigation of any impacted wetlands due to the final alignment of the Collier Boulevard (C.R. 95 1) corridor. Page 13 _ . _ Packet Page -591-_ 5.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Exhibit "A ", Master Plan, as Commons/Recreation Area "C/R ". m 5.02 PERMITTED USES AND STRUCTURES rn 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: N C A. Principal Uses and Structures N mot' N I. Golf Courses. ti 2. Tennis clubs, health spas and other recreational clubs. 3. Water management facilities and lakes. 4. Golf course and community maintenance areas, maintenance buildings, utility storage buildings, chemical storage buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utility pumping facilities and pump buildings, utility and maintenance staff offices. 5. Utility, water management and right -of -way /access easements. 6. Conservation areas /mitigation areas. 7. Land use andJor landscape buffers, which may or may not be easements depending upon the buffer use. S. Signs, as permitted by the LDC provisions in effect at the time building permits are requested. 9. Open space uses and structures including, but not limited to nature trails, riding trails, fitness trails and shelters, boardwalks, gazebos and picnic areas. 10. Pedestrian and bicycle paths, or other similar facilities constructed for purposes of access to, or passage through the commons area. Page 14 7/24/2012 Item 9.13. 11. Small docks, piers aL d the like, constructed for purposes of lake recreation for residents of the project. 12. Shuffleboard courts, tennis courts, swimming pools, and other facilities intended for outdoor recreation. 13. Lake excavations as permitted by Division 3.5 of the LDC. B. Accessory Uses and Structures Accessory, incidental and subordinate commercial activities such as, but not limited to, those provided herein, shall be of such scope and size and proposed intensity that they are primarily used by the membership of the tennis clubs, golf courses and clubhouse. 1. Clubhouses, including temporary clubhouses, pro - shops, snack bars, practice driving ranges, golf cart barns, restrooms /shelters, and other customary accessory uses of golf courses, or other recreational facilities. 2. Small establishments, including golf and tennis equipment sales, gift shops, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf courses or other permitted recreational facilities, subject to the provisions of the LDC. 3. Customary accessory uses or structures incidental to recreational areas and/or facilities, and structures constructed for the purposes of maintenance, storage, or shelter with appropriate screening and landscaping. 4. Telecommunications facilitates, including but not limited to, digital, fiber optic, microwave, satellite, UHF, VHF, FM, AM short-wave, and other sending and receiving facilities and structures, subject to applicable permitting and written approval by the developer or master homeowners' association. 5. A maximum of two (2) residential units in conjunction with the operation of the golf courses and determined to be compatible with the adjacent development by the' Planning Services Director pro -vided that the maximum number of dwelling units for the entire project shall not exceed 1603 residential units. C. Plan Approval Requirements If required by the LDC, a SDP for golf courses or for other permitted or accessory uses in golf course designated areas, shall be submitted in accordance with Page 15 Packet Page -593- a� N 0 N N ti Section 2.03 of this Document. The perimeter boundaries of the golf course(s) shall be recorded in the same manner on the subdivision plat. 5.03 PROPERTY DEVELOPMENT REGULATIONS A. General Requirements 1. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and Iocation and treatment of buffer areas. 2. Table 3 sets forth the additional specific development standards applicable to permitted uses. 3. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. 4. A site development plan, if required by Division 3.3 of the LDC, shall be provided. Provided however, uses authorized by a golf course early work agreement as provided for in the LDC may commence prior to the approval of a SDP. Use of the golf course and country club shall not occur until the plat is recorded and all support infrastructure is completed and preliminary acceptance of the improvements is granted. B. Signs and Minimum Off - Street Parking As may be permitted or required by the applicable provisions of the LDC in effect at the time a building permit is requested. Page 16 7/24/2012 Item 9.13. SECTION VI BUFFERS, PARIS, UTILITIES, ELEMENTARY SCHOOLS, AND OTHER PUBLIC FACILITIES, "PF " AND LAKES «L» 6.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated Public Facilities "PF" and Lakes "L." 6.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water uses, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Biking, hiking, canoeing and nature trails. 2. Community parks. 3. Elementary schools. 4. Nature preserves and wildlife sanctuaries. 5. Off- street parking areas. 6. Parks, playgrounds and game courts and fields. 7. Recreational shelters and restroom facilities. 8, Water management facilities and lakes. 9. Wildlife management. 10. Any other use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. Page 17 _,J Packet Page - 595- ______ _ r N 0 N N ti SECTION VH GENERAL IDEVELOPIVIENT COMMITMENTS 7.01 PURPOSE The purpose of this Section is to set forth the general development commitments for the proj ect. 7.02 GENTERAL A. All facilities shall be constructed in accordance with approved final site development plans and subdivision plats, and all State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards of the LDC, Division 3.2 shall apply to this project, even if the land within the PUD is not to be platted. The developer, its successor(s) or assigns, shall be responsible for the commitments set forth in this PUD. B. The developer, its successor(s) or assigns, shall follow the Master PIan and the regulations of the PUD as adopted, and any other conditions or modifications agreed to as part of the rezoning of the property. In addition, any successor, or assignee in title, is bound by the commitments within this Document. C. The developer shall obtain and utilize all available on -site fill needed for the Logan Boulevard Extension and for the project's fill needs prior to hauling in any fill from off -site locations. In addition, should it be necessary to haul in fill form off -site, fill trucks shall access the site from Bonita Beach Road. In order to facilitate the maximum utilization of on -site fill, the County shall administratively and expeditiously review and permit revisions to the lake configuration depicted on the PUD Master Plan, including additional and/or larger and deeper lakes (in accordance with SFWMD requirements) so as to maximize the amount of on -site fill the can be generated for the Logan Boulevard Extension. D. The developer shall maintain a water truck on the development site during construction of the Logan Boulevard Extension and shall utilize all prudent means to minimize the generation of construction related dust. E. Construction hours are limited to Monday through Saturday — 7:00 AM to 6:00 PM. F. General public use of the Logan Boulevard Extension is prohibited until the roadway improvements are complete and the roadway has been inspected by the County and the County has granted preliminarily acceptance of the roadway. G. The developer will expedite permitting of a project construction access from Bonita Beach Road in order to allow project construction traf is frour Lee County to access the project form Bonita Beach Road. Page 18 7/24/2012 Item 9.13. 7.03 PUD MASTER PLAN A. The proposed Master PIan illustrates the intended development scheme, including uses and locations of certain facilities, and is conceptual in nature. Subject to the provisions of LDC, Section 2.7.3.5, PUD amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure continued operation and maintenance of all service utilities and all common areas in the PUD. C. The following shall be considered minor changes and refinements, subject to the limitations of Section 5.03 of this PUD Document: Proposed tract, lot, parcel or Iand use boundaries on the Master Plan shall not be construed to be specific or exact within the PUD Zoning District and may be adjusted during the plat or final site development plan approval process. 2 Minor design changes, such as but not limited to, locations of buildings, distribution of dwelling units, and building types, shall be permitted subject to the Planning Services Department approval. ~' 3. Due to the complexity of creating and permitting the regional flow -way which may, in part, incorporate areas of the southern and eastern portions of the project, reconfiguration of the Preserve Area, jurisdictional wetland limits and mitigation features implemented and permitted as a result of regulatory agency review. 4. Reconfiguration of lakes, ponds, canals, or other water management facilities, where such changes are consistent with, or necessary to meet the permitting requirements of the South Florida Water Management District and /or Collier County, and where there are no further encroachments into the Preserve Area. 5. Realignment of internal rights -of -way other than a relocation of access points to the PUD. 7.04 SCHEDULE OF DEVELOPMENT AND MONITORING REPORTS A. Commencement of construction of the Parklands PUD is anticipated in calendar year 2004. Page 19 Packet Page -597- B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the LDC. The monitoring report must be in the form of an affidavit and be executed by the property owner(s) or their authorized agent. 7,05 POLLING PLACES Pursuant to Section 2:430 of the LDC, provision shall be made for the future use of space within a common building for the purpose of accommodating the function of an electoral polling place. m An agreement between the Supervisor of Elections and the developer, its.successor(s) or ai assigns, for such accommodation shall be recorded in the Official Records of the Clerk of W the Circuit Court of Collier County, which shall be binding upon any and all successors, or assigns of the developer that acquire ownership of such common areas, including, but not limited to, condominium associations, homeowners' associations. Such agreement Nshall include provisions for community /recreation facilities, public buildings, public rooms, or similar common facilities to be used for a polling place, if deemed necessary N by the Collier County Supervisor of Elections. ti 7.06 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS A. LDC, Subsection 3.2.8.3.17: Sidewalks/bicycIe paths shall conform to the provisions of this Subsection, except that sidewalks shall only be required on one side of the street in the case of single- family cul -de -sac rights -of -way. B_ LDC, Subsection 3,2.8.3.19: Street name markers and traffic devices shall be approved by the County Engineer. Conformance with the U.S.D.O.T.F.H.W.A.M.U.T.C.D. is waived. Street pavement painting, requirements for striping and reflective edging on secondary road systems and reflective edging main road system shall be waived. Traffic circulation signage shall be in conformance with U.S.D.O.T.F.H.W.A.M.U.T.C.D. standards. C. LDC, Subsection 3.2.8.3.24 and Subsection 3.2.8.4.21: The requirement for blank utility casing installations shall be waived. D. LDC, Subsection 3.2.8.4.10: The standard that PRMs be installed in a typical water valve cover shall be waived subject to monumentation being installed in accordance with Chapter 177, Florida Statutes. E. LDC, Subsection 3.2.8.4.16.5. All cul -de -sacs and local streets, whether more or less than 1,000 feet in length, are required to have a minimum forty (40) foot right -of -way width and two ten -foot wide travel lanes. F. LDC, Subsection 3.2.8.4.16,6: Cul -de -sacs may exceed the maximum 1,000 -foot length requirement, and the required radii at cul -de -sacs shall be 55 feet. Page 20 7/24/2012 Item 9.13. G. LDC, Subsection 3.2.8.4.16.8: Back of curb radii at street intersections shall be a minimum of thirty (30) feet, except at project entrance intersections where 'the radii shall be forty (40) feet. H. LDC, Subsection 3.2.8.4.16.9: The minimum 75 -foot tangent standard at intersections may be reduced subject to a certified traffic analysis based upon design speed, site distance, and adequate recovery zone. I_ LDC, Subsection 3.2.8.4.16.10: The requirement for tangents between street curves shall be waived. J. LDC, Subsection 3.2.8.16.14: Street grades may exceed the four percent (4 %) maximum provided that the applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. .� 7,07 ENVIRONMENTAL CONSIDERATIONS _ { A. 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 Code Enforcement Department notified. Development•, will be suspended for a sufficient length of time to enable the Site D-ew�1-opm6nt -P- i=Rtview Department, or a designated consultant, to access the find and determine the proper course of action in regard to its salvageability. The Code Enforcement Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. B. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit (ERP) Rules and further subject to any review and approval pursuant to the LDC by Collier County Planning Department Environmental Services Staff. Removal of exotic vegetation shall not be the sole mitigation method for impacts to jurisdictional wetlands. C. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty - five (25) feet from the landward edge of wetlands except where natural buffers are not possible or not feasible, as determined by Environmental Services Staff. In this event, only structural buffers shall be required and shall be constructed in accordance with the State of Florida Environmental Resources Permit (ERP) Rules and shall be subject to review and approval by Environmental Services Staff. D. An exotic vegetation removal, monitoring and maintenance (exotic -free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Staff for review and approval prior to any final plan/construction plan approval. A schedule for exotic removal within all preservation areas shall be submitted with the above - referenced plan. Page 21 Packet Page -599- ;;9 a� N 0 N N ti E. This development shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Services (USFWS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected species on -site. Should the environmental analysis of the site indicate the presence of, or critical habitat for, protected species, a Habitat Management Plan for these protected species shall be submitted to Environmental Services Staff for review and approval. F. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants in accordance with Section 704.06 of Florida Statutes. 7.08 WATER MANAGEMENT, LAKES, AND ENGINEERING A. Except as specified herein, this project is required to meet all County ordinances applicable to water management facilities and lakes in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with applicable provisions of Division 3.2 of the LDC. C. Prior to final SDP approval, right -of -way permits shall be required, as applicable. D. No construction permits shall be issued unless and until approval of said plans is granted by the Engineering Services Department. E. If applicable, an excavation permit will be required for the proposed lakes in accordance with Division 3.5 of the LDC. F. Lake Setbacks: All Iake setbacks shall be measured from the lake maintenance easement. 2. There is no required setback to any internal property line or tract line for the Parklands PUD, except as required in the LDC for jurisdictional wetlands. 3. The minimum setback to any internal right -of -way, or road access easement shall be twenty (20) feet. 4. The minimum setback to right -of -way, road access easement, or external property line, including those adjacent to the Logan Boulevard Extension, may be twenty (20) feet if the right -of -way roadway access easement, or external property line is properly protected in the vicinity of the lake. G. Lakes may be excavated to a depth of twenty (20) feet, or deeper, if permitted by SFWMD. The County shall administratively and expeditiously review and permit revisions to the lake configuration depicted on the PUD master plan, including Page 22 7/24/2012 Item 9.13. additional and /or larger and deeper lakes (in accordance with SFWMD requirements) so as to maximize the amount of on -site fill the can be generated for the Logan Boulevard Extension, internal roads and infrastructure, and development pads. H. Lake Slopes: Upon the approval of the Engineering Services Department Director, slope reduction shall be allowed for a maximum of 40% of the lake perimeter where vertical bulkheads, rock walls, rip rap or other slope protection measures are provided. Compensating littoral zones shall be provided where slope reduction is used on the Iake perimeter. No compensating littoral zones shall be required where slope reduction measures are used on islands within the lakes. 7.09 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with, or following, the construction of the principal structure, except that temporary sales facilities, trailers, marketing facilities, contractors' and builders' storage and office facilities and the like, may be utilized during the period of project development and marketing consistent with applicable requirements of the LDC. Such temporary buildings shall be removed upon completion of the marketing or construction activity to which they are accessory. 7.10 BUFFER/LANDSCAPE DEVELOPMENT REGULATIONS A. Buffer Types: I. Land use buffers shall be in the farm of an easement generally located along the project's perimeter, intended to protect residential land uses from possible impacts from adjacent off -site roadways and/or off -site land uses. Land use buffers may be utilized within project boundaries at the discretion of the developer. Land use buffers may be in the form of vegetation, and/or earthen berms and/or fences or walls. 2. Land use buffers, berms, fences and walls may be constructed along the project perimeter boundary prior to subdivision platting and site development plan submittal. All such areas shall be included in a landscape or buffer easement on the final plat or in a separate recorded instrument. Landscape plans shall be submitted to the Planning Services Department for approval prior to berm construction. Such plans shall include details on how buffer vegetation will be irrigated. B. Buffer Standards: Trees and shrubs shall be planted along the base 'of the berm so as to visually soften the appearance of the benm. 2. Trees shall be a minimum of 75% native species. Page 23 Packet Page -601- 3, Shrubs shall be a minimum of 35% native species. 4. Perimeter fences or walls may be developed up to eight (S) feet above the average finished ground level adjacent to the fence or wall. C. Berm Standards: 1. Minimum Side Slopes for Berms: (16 a. Grassed berms 4:1. rn M b. Landscape berms 3:1. a) = C. Rip -Rap 2 :1. N T_ d. Structural walled berms may be vertical. N Ne. Required buffer planting area 4:1. ti 2. Height of Landscape Berms and Depth of Swales: A 4:1 slope shall be required for berms and swales except under the following conditions: a. The maximum height of a berm shall be four (4) feet, as measured from existing grade, if a 3:1 slope is utilized and the berm is landscaped. The maximum depth of a swale shall be four (4) feet, as measured from existing grade, if a 3:1 landscape slope is utilized. b. A 3:1 slope is also permitted if the height of a slope is two (2) feet in height, or less, or if the open channel is two (2) feet in height, or Iess. 3. Fences or Wall Height: The maximum height for all walls and fences around the perimeter of the development shall be eight (S) feet above finished ground level. All other walls and fences within the development shall conform to the LDC requirements. 7.11 PROVISIONS FOR REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or other water bodies is permitted throughout the site excluding preservation and conservation areas, if it is demonstrated that fill activities on the buildable portions of the project site are such that there is a surplus of earthen material, then its off -site disposal is permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "development excavation" set forth in Division 3.5 of the LDC, whereby off-site removal shall Page 24 7/24/2012 Item 9.13. be limited to ten (10 %) percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. B. All other provisions of the LDC, Division 3.5, are applicable. 7.12 PARKS AND OPEN SPACE A. The developer shall donate to the County a 7.23 -acre site for use as a neighborhood park, or shall make payment in lieu thereof. In the event that a park site is dedicated, or the developer makes payments in lieu of such dedication, impact fee credits shall be granted as provided for by the applicable impact fee ordinance and LDC Section 2.2.20.3.7. The site is intended to be located in the vicinity of the elementary school site. 7.13 TRANSPORTATION A. All traffic control devices and design criteria used shall be in accordance with the Minimum Standards as amended and as adopted by the Florida Department of Transportation (FDOT}, as 'required by Florida Statutes - Chapter 316, the Uniform Traffic Control Law, B. All traffic speed limit postings shall be in accordance with the minimum standards as amended and as adopted by the FDOT, as required by Florida Statutes - Chapter 316, of the Uniform Traffic Control Law. C. Arterial level street lighting shall be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent certificate of occupancy (CO). D. External and internal improvements determined by Collier County Transportation Staff to be essential to the safe ingress and egress to the development shall not be considered for impact fee credits. All such improvements shall be in place prior to the issuance of the first permanent CO, unless a phased construction schedule is approved. Public use of the Logan Boulevard Extension is prohibited until the roadway improvements are completed, the roadway has been inspected by the County, and the County has granted preliminarily acceptance of the roadway. E. Road impact fees shall be paid in accordance with Collier County Ordinance 01- 13, as amended. F. Any and all points of ingress and egress as shown on any and all plan submittal(s), are conceptual in nature and subject to change as determined by Collier County Transportation Staff. G. Any and all median opening locations shall be in accordance writh the Collier County Access Management Policy, as amended, and LDC, as amended. Median Page 25 - Packet Page -603 - We N 0 N d' N ti access and control will remain under Collier County Transportation Staff authority. Collier County Transportation Staff reserves the right to modify or close any median opening(s) determined to have an adverse effect on the health, safety and welfare of the public. These include, but are not limited to safety concerns, operational circulation issues, and roadway capacity problems. H. Nothing in any development order will vest the right of access over and above a right in/right out condition. Neither will the existence of a point of ingress, egress and/or median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer(s), its successor(s) in title, or assignee(s). 1. The development shall be designed to promote the safe travel of all users including pedestrians and bicyclists. Pedestrian and bicycle travel ways shall be separated from vehicular traffic in accordance with recognized standards and safe practices as determined by Collier County Transportation Staff. I The developer(s), its successor(s) in title, or assignee(s), shall be responsible for the cost of any and all traffic signal(s), at any and all development entrance(s), along the Logan Boulevard Extension located within the Parklands PUD project and at the intersection of the Logan Boulevard Extension at Immokalee Road when determined warranted and approved by Collier County Transportation Staff. When warranted, upon the completion of the installation, inspection, burn -in period, and final approval /acceptance of any and all traffic signal(s), said traffic signal(s) shall be turned over (for ownership) to Collier County, and shall then be operated and maintained by the Collier County Transportation Operations Department. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring property owner(s), that directly benefit from said traffic signal(s), shall be determined based upon percentage of usage /impact. K. The developer shall provide any and all site related transportation improvements) including, but not limited to, any and all necessary turn lane(s) improvement(s) at the development entrance(s) prior to the issuance of the first permanent CO. Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane(s) and/or right turn lane(s), are determined to be necessary, right -of -way and/or compensating right -of -way, shall be provided in conjunction with said improvement(s), as determined by the Collier County Transportation Staff. L. All work within Collier County right -of -way shall meet the requirements of Collier County Ordinance No. 93 -64. M. All internal access(es), drive aisle(s), and sidewalks) not located within County right -of -way, will be privately maintained by an entity created by the developer, its successor(s) in title, or assignee(s). Page 26 7/24/2012 Item 9.13. N. Joint/shared access(es) may be required by Collier County Transportation Staff as a condition of site development plan SDP approval. O. Frontage, midpoint and/or reverse frontage (backside) interconnection(s) may be required by Collier County Transportation Staff as a condition of SDP approval. P. SDP approval shall be obtained prior to development of any and all portions(s) of any and all development(s). Q. If a gate is proposed at any and/or all development entrance(s) the gate, or gates shall be designed so as not to cause vehicles to be backed -up onto any and all adjacent roadways. To ensure this condition, the following shall be the minimum requirements provided: The minimum throat depth from the nearest intersecting roadway edge of pavement shall be no less than 100 feet to the key pad /phone box for the proposed gate(s). 2. A turn- around area of sufficient width and inside turning radii shall be provided between the key pad/phone box and the proposed gate(s). R. The developer, its successors or assigns, shall dedicate 75 feet along the eastern boundary of the project to the County for use as future right -of -way. The dedication shall be made within 90 days of request by the County. The valuation of the dedicated parcel shall be as set forth in Subsection 2.2.20.3.7. of the LDC. S. The developer shall construct a two (2) lane road, known as Logan Boulevard Extension, extending from the present terminus of Logan Boulevard at the Olde Cypress development on ImmokaIee Road and north through the. Parklands PUD, connecting to Bonita Beach Road. The design and timing for the construction of Logan Boulevard Extension are set forth in the Exhibit "C" attached hereto and made a part of this PUD Document. T. The petitioner shall reserve a 45 -foot wide strip for right -of -way purposes along the southern project boundary line. In the event that such reservation is needed for the construction of an east -west collector roadway, the developer, its successors, or assigns, shall dedicate said land at no cost to the County. The developer shall provide a warranty deed in fee simple title to the County within 90 days of request of the County pursuant to the timeframes set forth in the County Long Range Transportation Needs Plan. U. The total net external project trip generation rate is limited to 1,056 vehicle trips during the weekday P.M. peak hour condition. Single family units may be conversed to multi - family units and vice versa as indicated in the Unit Conversion. Table is Section 2.04 of this Document only if the cumulative weekday PAL peak hour net external trip generation rate does not exceed 1,056 vehicle trips. Page 27 Packet Page -605 -- -- - N 0 N d' N ti V. In order to ensure pedestrian and vehicular safety, the southerly project access point off of the proposed Logan Boulevard Extension shall be shifted to the west to improve visibility. The exact location of this access point shall be determined at the time of the preliminary'subdivision platting process. 7.14 IMPACT FEES Should impact fees, or other methods of payment be required, then the developer shall either be exempt or given an impact fee credit from having to make such payment, if donations or payments referenced herein have been made. 7.15 UTILITIES A. Water and Sewer Water distribution and sewage collection and transmission systems will be constructed throughout the project development by the developer pursuant to all applicable requirements of Collier County and the State of Florida at the time of permitting. Water and sewer facilities constructed within platted rights -of -way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the developer, its assigns or successors. Upon completion of construction of the water and sewer facilities within the project, 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 Public Utilities Division, pursuant to appropriate County ordinances and Regulations in effect at the time conveyance or transfer is requested, prior to being placed into service. 2. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Public Utilities Division prior to commencement of construction. 3. All customers connecting to the water distribution and sewage. collection facilities will be customers of the County and will be billed by the County in accordance with Florida Public Service Commission approved rates. Should the County not be in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be, customers of the interim utility established to serve the project until the County's off - site water and/or sewer facilities are available to serve the project. 4. It is anticipated that the Public Utilities Division will ultimately supply potable water facilities and/or interim on -site sewage treatment and Page 28 7/24/2012 Item 9.13. 4. It is anticipated that the Public Utilities Division will ultimately supply potable water facilities and/or interim on -site sewage treatment- and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. 5. An agreement shall be entered into between the County and the developer, binding on the developer, its assigns or successors, legally acceptable to the County, prior to the approval of construction documents for the proposed project, stating that: a. The proposed water supply and on -site treatment facilities andlor on -site wastewater treatment and disposal facilities, if required, are to be constructed as part of the proposed project and must be regarded as interim; they shall be constructed to State and Federal standards and are to be owned, operated and maintained by the developer, its assigns or successors, until such time as the County's off -site water facilities and/or off -site sewer facilities are available to service the project. The interim treatment facilities shall supply services only to those lands owned by the developer and approved by the County for development. The utility facility(its) may not be expanded to provide water and/or sewer service outside the development boundary approved by the County without the written consent of the County. b. Upon connection to the County's off -site water facilities, and/or sewer facilities, the developer, its 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 to this activity shall be performed at no cost to the County. C. Connection to the County's off -site water and/or sewer facilities, when available along CR 846 (Immokalee Road), will be made by the developer, its assigns or successors at no cost to the County within 270 days after such facilities become available and legal access is available. 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 connections(s), etc. The developer may share these expenses with other users, if applicable, or if the developer finds more than its proportionate share of these costs, then the County shall collect and reimburse the developer when other users connect (on a proportionate basis) to the system. Page ?9 Packet Page -607- __.. W N 0 N d' N ti and/or sewer facilities shall be conveyed to the County pursuant to appropriate County Ordinances and Regulations in effect at the time: I. All water and/or sewer facilities constructed in publicly owned right -of -way or within utility easements required by - the County within the project limits and those additional facilities required to make connection with the County's off - site water and/or sewer facilities; or, 2. All water and sewer facilities required to connect the project to the County's off -site water and/or sewer facilities when the on -site water and/or sewer facilities are constructed on private property and not required by the County to be located within utility easements, including but not limited to the following: a. Main sewage lift station and force main interconnecting with the County sewer facilities including all utility easements necessary; b. If applicable, water distribution facilities from the point of connection with the County's water facilities to the master water meter serving the project including all utility easements necessary. C. The customers served on an interim basis by the utility system constructed by the developer shall become customers of the County at the time when County off -site water and/or sewer facilities are available to serve the project and such connection is made. Prior to connection of the project to the County's off -site water and/or sewer facilities the developer, its assigns, or successors shall tum over to the County a complete list of the customers served by the interim utility 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. f. All construction plans and technical specifications related to connections to the County's off -site water and/or sewer facilities will be submitted to the Public Utilities Division for review and approval prior to commencement of construction. g. The developer, its assigns or successors shall pay all system development charges in effect at the time that building permits are Page 30 7/24/2012 Item 9.B. g. The developer, its assigns or successors shall pay all system development charges in effect at the time that building permits are required pursuant to appropriate County ordinances and regulations in effect at the time of building permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. h. The County will lease to the developer for operation and maintenance the water distribution and/or sewage collection and transmission system for the sum of $10.00 per year, when such system is not connected to the off -site water and /or sewer facilities owned and operated by the County. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water supply, treatment and distribution facilities and/or the sewage collection, transmission and treatment facilities. The lease, if required, shall remain in effect until the County can provide water and/or sewer service through its off -site facilities or until such time that bulk rate water and/or sewer service through its off -site facilities or until such time that bulk rate water and /or sewer service agreements are negotiated with the interim utility system serving the project. B. Data required under County Ordinance No. 91 -102, as amended, or other applicable ordinances showing the availability of sewage service must be submitted and approved by the Public Utilities Division prior to approval of the construction documents for the project. C. If an interim on -site or off -site water supply, treatment and transmission facility is utilized to serve the proposed project, it must be properly sized to supply average and peak day domestic demand, in addition to fire flow demand at a rate approved by the appropriate Fire Control District, for the phase under development. A detailed design report verifying the plant capacities must be submitted to the Public Utilities Division with the construction. documents. D. Water and sewer service shall be provided to the project pursuant to the following requirements: Water The Lee County portion of the project shall be supplied by a system located within Lee County. Water service shall not extend across County lines unless authorized in writing by Collier County. The Collier County portion of the project shall be supplied from the facilities within the County, if available, or from an interim on -site or off -site water supply and treatment facility found to be acceptable to the County. Page 31 - -. - -- Packet Page - 609 - - -- N 0 N d' N ti An interim sewage treatment and disposal facility located in Collier County may provide service to the part of the project in Collier County and may provide service to the entire project. If the facility is utilized to provide service to the part of the project in Lee County, the sewage collection and transmission facilities located in Lee County which would contribute sewage flow to this facility shall be owned, operated and maintained by the developer, its assigns, successors or other entity acceptable to Collier County. If the use of a single treatment and disposal facility is unacceptable to Collier County, two (2) separate sewage treatment facilities, one (1) in each County, shall be constructed to serve the project. Any joint method of sewer service to the Parklands project shall be found to be mutually agreeable by adopted resolution of the Boards of County Commissioners of Lee and Collier Counties prior to respective construction document review by the Public Utilities Division. E. When the County has the ability to provide treatment and disposal and/or water supply and distribution services, the developer, its assigns or successors shall be responsible to connect to these facilities at a point to be mutually agreed upon by the County and the Parklands developer, with the Parklands assuming all costs for the connection work to be performed. F. The developer, its assigns or successors shall negotiate in good faith with the County for the use of treated sewage effluent within the project limits, for irrigation purposes. The developer shall be responsible for providing all on -site piping and pumping facilities from the County's point of delivery to the project and negotiate with the County to provide fall or partial on -site storage facilities, as required by the DEP, consistent with the volume of treated wastewater to be utilized. G. If shown to be necessary to serve the project by the County, a water storage tank and re -pump site shall be provided by the developer on -site of a size and Iodation to be mutually agreeable to the County and the developer. If necessary to serve the project on an interim basis, the developer maybe required to install a water storage tank on -site if County water facilities are not available at the time development commences. Should the County require that these facilities be oversized, in anticipation of future demand and growth, the County shall negotiate a satisfactory method of reimbursement to the developer for such oversizing. H. Construction and ownership of the water and sewer facilities, including any proposed interim water and/or sewage treatment facilities, shall be in compliance with all applicable County Public Utilities Division standards,. policies, ordinances in effect at the time construction approval is requested. I. Prior to approval of construction documents by the Public* Utilities Division, the developer shall present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Page 32 7/24/2012 Item 9.13. developer to provide sewer and/or water service to the project until the County can provide these services. Detailed hydraulic design reports covering the water distribution and sewage collection and transmission systems to serve the project must be submitted with the construction documents for the project. The report shall list all design assumptions, demand rates and other factors pertinent to the system under consideration. K. The developer shall contribute its fair share of the cost of installing a sewer transmission line from the project to any acceptable off -site sewer treatment plant facility and return (treated effluent) transmission line from such an off -site treatment plant facility to the project. The County shall cooperate and assist in securing all needed off -site easements. The details of this item shall be mutually agreed upon between the developer and the County at a later -date. 7.16 ELEMENTARY SCHOOL SITE In accordance with PUD Exhibit "B," the developer, or its successors or assigns, agrees to provide to the Collier County School Board a school site in the location depicted on the PUD Master Plan. Fifteen (15) acres of this site will be donated by the developer. At this location, 5 additional acres in an amount up to a total of 20 acres (inclusive of the 15 acre donation) may be purchased by the school board at fair market value. The petitioner, or his successors or assigns: Will convey the fee simple title for the school site to the School Board prior to the commencement of construction, or within 90 days of request by the School Board. 2. Upon agreement by the Parklands and the Collier County School Board, the location of the school site may be modified. Alternatively, the Collier County School Board may elect to waive the school site dedication requirement, in which case the Parklands shall be obligated to pay school impact fees in accord with the applicable School Impact Fee Ordinance. In the event that a school site is dedicated by the Parklands, impact fee credits shall be granted to the Parklands for that portion of the school site that has been dedicated, as provided for by the applicable impact fee ordinance. 7.17 FIRE PROTECTION The developer shall donate /make cash payments to the North Naples Fire Control District as per agreement approved by the North Naples Fire Control District Board on August 14, 19 °05. In the event that such a donation/cash payment is made by the Parlands developer, impact fee credits shall be granted to the developer as provided for by the applicable impact fee ordinance. Page 33 Packet Page -611- - -- - a) N O N N ti 7.18 The Parklands DRI was approved prior to the adoption of the Collier County GMP and continues to be vested for consistency and concu�-rency in accordance with Section 163.3178 (8), Florida Statutes, and is exempt from any transportation related moratoria. Nothing herein shall be construed as limiting or modifying the vested rights of the Parklands development. ?gage 34 7/24/2012 Item 9.13. Packet Page - 613 - - -- ctrict School FACILITIES PLANNING AND CONSTRUCTION '0[— 5775 Osceola Trail �. J Maples, FL 34109 (941) 254 -4395 o. �- Fax: (941) 254 -4390 Collier Cola P.O. Box 280 This letter is offered in support of the Parkland Project referenced above. We appreciate the commitment for a 20 acre school site at the southwest corner of the project. Further, we agree that the additional five acres requested over and above the 15 acres required of the project would be purchased by us at fair market value. It is our understanding from your letter dated May 20'2003, that Ronto is willing to move the main entryway for their project to a point directly across from the school site so as to accommodate easy access to the school by the children of the Ronto residents. It is our understanding, as well, that the cost of the signalization will be our responsibility. Thank you for your coordination with Collier County Public Schools. We look forward to working with you as you plan the community df Parklands. Sincerely, Please call me at 254 -4381 if you have any questions. Sincerely, Micha Kirk, Director Facilities Planning and Construction Exhibit "B" THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY IS AN EQUAL ACCESS/EQUAL OPPORTUNITY INSTITUTION FOR EDUCATION AND EMPLOYMENT. Questions or complaints regarding Lhe Americans with Disabilities Act or Section 504 of the Rehabilitarion Act of 1973 may be addressed to the Coordinator of Psychological Services at the Office of Student Services, 3710 stey Ave., Naples, FL 34104. September 9, 2003 OD Charles T. Basinait NHenderson Franklin Attorneys at Law = P.O. Box 280 N Fort Myers, FL 33902 0 N Re: Parklands DRI/Ronto Development N ►` Dear Mr. Basinait: This letter is offered in support of the Parkland Project referenced above. We appreciate the commitment for a 20 acre school site at the southwest corner of the project. Further, we agree that the additional five acres requested over and above the 15 acres required of the project would be purchased by us at fair market value. It is our understanding from your letter dated May 20'2003, that Ronto is willing to move the main entryway for their project to a point directly across from the school site so as to accommodate easy access to the school by the children of the Ronto residents. It is our understanding, as well, that the cost of the signalization will be our responsibility. Thank you for your coordination with Collier County Public Schools. We look forward to working with you as you plan the community df Parklands. Sincerely, Please call me at 254 -4381 if you have any questions. Sincerely, Micha Kirk, Director Facilities Planning and Construction Exhibit "B" THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY IS AN EQUAL ACCESS/EQUAL OPPORTUNITY INSTITUTION FOR EDUCATION AND EMPLOYMENT. Questions or complaints regarding Lhe Americans with Disabilities Act or Section 504 of the Rehabilitarion Act of 1973 may be addressed to the Coordinator of Psychological Services at the Office of Student Services, 3710 stey Ave., Naples, FL 34104. 7/24/2012 Item 9.13. Exhibit "C" Logan Boulevard Construction Schedule The developer, or his successors or assigns do herby agree to construct Logan Boulevard extension from its preset terminus at Old Cypress PUD (north of Immokalee Road) north to and through the subject property, the Parklands PUD/DRL terminating at Bonita Beach Road. This Exhibit is affixed to and an exhibit of the Parklands PUD Document. All conditions and requirements set forth herein may be enforced by Collier County as with any other condition of the approved Parklands PUD Document. The developer agrees to construct the roadway subject to the following: I . Obtaining and adhering to a ROW permit from the Collier County Transportation PIanning Division. 2. Obtaining all necessary Federal or State permits necessary to construct the roadway. 3. Adhering to the following schedule, which may be revised by the mutual agreement of the County and the Developer: Phase I Olde Cypress to southern boundary of Section 9 1 & 1/2 miles 2 Lane Divided Boulevard Start Spring 2004, or earlier if necessary permits to construct are received earlier. Complete Spring 2005 Phase II Parklands Collier - Alignment within Section 9 to Northern Property Line 1 & 3/4 miles 2 Lane Divided Boulevard w/ Turn Lane Access Start Fall 2005, or earlier if necessary permits to construct are received earlier. Complete Spring 2007 Phase III Parklands Lee - Logan Boulevard Ext. Eastern Boundary of Section 4. South Property line to Bonita Beach Road Extension - I mile 2 Lane Urban Section Start Fall 2007, or earlier if necessary permits to construct are received earlier. Complete Fall 2005 4. The construction of the Logan Boulevard Extension shall adhere to the design specifications depicted on the attachments hereto. Minor revisions may be approved by the County during construction. . Packet Page -615 -� -- .w. t N N T- C:) N d- N ti 5. At a minimum, all fill dirt necessary to complete the first +/- two miles, and to the greatest extent possible, the entire Logan Boulevard Extension, shall come from the Parklands project in order to minimize impacts of truck traffic on Immokalee Road and to existing development along the Logan Boulevard Extension. To this end, the County shall administratively and expeditiously review and permit revisions to the lake configuration depicted on the PUD Master Plan, including additional and/or larger and deeper lakes (in accordance with SFWMD requirements) so as to maximize the amount of on -site fill the can be generated for the Logan Boulevard Extension. 6. The developer shall maintain a water truck on the development site and shall utilize all prudent means to minimize the generation of construction related dust. 7. Construction hours are limited to Monday through Saturday— 7:00 AM to 6 :00 PM. 8. General public use of the Logan Boulevard Extension shall be prohibited until the roadway improvements are complete and the Roadway has been inspected and the County has granted Preliminarily Acceptance of the roadway. 9. The developer shall expedite permitting of a project construction access from Bonita Beach Road in order to allow project construction traffic from Lee County to access the project form Bonita Beach Road. z 7/24/2012 Item 9.13. -9 Packet Page - 617 - - - -- f— z w U Q I— I— Q U M X W �d pR G I n sBY $6 I I ' 3 I m I I ' �a ' t C i � Er Ci �� zr I CN N I i d� r G � R 3p E i2g ; c I _@ �aY ii 3 R �d pR G I n sBY $6 I F ' �d 9 c�5e C 10 0-8 zg� ggg Y N �➢ F t€ U U N F Z - oo� } m W i D& 23 - OF a 8 Z o x E` W E I I Er Ci �Y ge I I I I i I 3 R i g§ ~ YaG � X64 F ' �d 9 c�5e C 10 0-8 zg� ggg Y N �➢ F t€ U U N F Z - oo� } m W i D& 23 - OF a 8 Z o x E` W E .01M Ins xY Lu "u-j LLJ ILLJ I IZS I LLJ 7/24/2012 Item 9.B. ifl; It -a-vy q .1 nul 'wi Lj-j ON A 1L jig fill, - Ek Wk u 1,Lj U J; LO I f all LLJ 1 Packet Page -619- C) C14 ti STATE OF FLORIDA) COUNTY OF COLLIER) 1, 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 2003-42 Which was adopted by the Board of County commissioners on the 9th day of September, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County commissioners of Collier County, Florida, this 16th day of September, 2003. DWIGHT E. BROCK Clerk of Courts a-nd-Cler.'k Ex-officio to B9r ..a. " T. County Commissibnqrg -f, By: Patricia Morgan 4`t Deputy Cl 7/24/2012 Item 9.13. 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 affixed to a tree or other foliage. 3. The petitioner or the 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 sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) 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 Robert L. Duane, AICP 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 PUDA -PL- 2010000 -1551 and DOA -PL- 2010000 -1550 Qlr4-1 ; L��i'L^� Hole Montes, Inc. SI NATURE OF APPLICANT OR AGENT STREET OR P.O. BOX Robert L. Duane, AICP NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this Robert L. Duane, AICPpeysonallv known to me or who produced and who did/did not take an oath. Signature of Notary Public My Commission Expires: (Stamp with serial number) 950 Encore Way, Naples, FL 34110 CITY, STATE ZIP 15th day of May 200-201�y Stephanie Karol Printed Name of Notary Public F:1Website\AFFIDAVITAND SIGN POSTING INSTRUCTIONS 5- 2- 05.doc Packet Page -621- as identification STEPHAMEKAROL MY COMMISSION # EE 16350 EXPIRES: March 9, 2016 ;: o Bonded ThN Notary Public Underwriters My Commission Expires: (Stamp with serial number) 950 Encore Way, Naples, FL 34110 CITY, STATE ZIP 15th day of May 200-201�y Stephanie Karol Printed Name of Notary Public F:1Website\AFFIDAVITAND SIGN POSTING INSTRUCTIONS 5- 2- 05.doc Packet Page -621- as identification 7/24/2012 Item 9.13. tV ILI 11 Ell, " U • • 0 0 N N O N LIFT f 'v N aHi ,'xC d Plum ^'• �x.Cf+ '��'v"jE�P�.S51Ret� ,1YY��f� �b bF �'4i xTC �._ "'"''+ f• " 4 � �. �,�d�� .i'J � � �� `7`(""�kG .. tNi '••w � �" Yqi L &'i 5� � -. 9 17p 4' � r � v`� 4.id � .y y `�. LpkZ'.'f gR H aNS��e�.,W p�..�M�f * ..: _. .,iy ,� �F�v. +c � ��''�,p f� c t.sx . #w'.s �iS ��'"rf , r s;a.Ye,ia -4ii N N O N LIFT N N O N 7/24/2012 Item 9.13. A jf PET! T1 Nil S: k'l.lDAA)L- 20101100 -155 1]QAITL 2010 ,0 010 1;'j 0 THE PARKIANDS QUOL -PL 261ooUfl 1661 Kor,A •Pt- AOLAQY g,�G�g,' PRIMANCS- AS�;OCiAIES I, LLLP, 11SIAESCATC0 DY.ROOM L. DUANE. AICP,CF HOLE AIDNTIN ,1HC. q 60US @'ANPER,.UN, E30UIPIE 11, IATIT B.A NUMB, L,P,A. 'ANO ODlIEAT J, MULdE9E, FAICP.CE MOLIIZOE E ASSOCIATCS„ LIC AOf gEOVESTIYG TO; AfZ01lC 'C M12's. ACOCS I0001Y Pb.AS'.T!10. ?AONLANpU PL"DRIC'UNIT OEVELOPAT OVU0I .TO TIIE PAORLA,IV119 AmOBJTIAL PL1,f411EU UfRr DEVELOPUIIIT IPPUOj THC `. 111UC5T IG ALSI f0 AAICNO 711E P01INLANUS DrgLOPPAHlT of g6Clof)AL IMPACT IURII VIVELOPAIENT' OOUf.O TO NARE IT CPNSISTLNf WITH TPEpPOPpSE� ZUNINp'CtIANOC'M1NO 70 E,'.TCHO,:YOC AUILDOU I'.CATC iIIC1IC ZUNIf! ^+ OCUUCBL.;10 IpYILOUCf 7111.MAAfMLIAi OC616EATiAI OE NCIGY. FgOM 1.6117 UWELLIhC i1 ,'. UNITS.'TO ESC Ot'IELlINOUhiTd,'TII ELIh1IE1ATETIIC pUIf- .C9U(i3E AND T01NCgEApf TTIE WE Of ME FAMIlYC hP.EA Tgpfd 15U!'ACOCG TO 741ii`AC11CDt NILI T0.1fICLIIOE mlzjLIAOCOU3 GRANCES`-0 THE DEYCLOMENT RCOULATION3. TIIr APPLILATION ALIQ IHCLUOES111 PIANNED EXTEh31pN OF;LUUAN UUUL.'n NOUIH IU -0IIYNICI Ili UUNITA L'CACII HOATI IN LEV CCUNT3 IAS 15 AEULIIYIED U,Y lilt CUOAENT PARKLAN03 OEVELOph1FNT tlR DCO), THE r PI10fEI71Y :Il',SIS15 -0h PIMIfO1,lATA7l1Y 042( ACUE5 LCCAMI 9OU111 OF THE'LLF, COUNTY LINE.IN'EECTIOR 5. IUPl;I31lIP AA 301Illi. OftAOC 26 JAST RI COLLIEP COUIII5, F,LURICA Ali] IS LUOATEU APPRUXIAWELI IV;U MILt4 NU III VF 111E LU9AtIGN of 1111E :RN. CCPC DATE: JUNE 7th, 2012 9:000 CONTACT: KAY DESELEt,1, AICP, RRINCIPAL PLANNER 9CC DATE: JULY 24th;, 2012 9AMl PHONE: (239) 252,2931 LOCATION; COLLIER NOUPITY GOVERNMENT CENTER, ADMINISTRATION BUILDING T{IIRD FLOOR 1 ES CLORIOA 34112 BC"E'T 71 V A a r A jf PET! T1 Nil S: k'l.lDAA)L- 20101100 -155 1]QAITL 2010 ,0 010 1;'j 0 THE PARKIANDS QUOL -PL 261ooUfl 1661 Kor,A •Pt- AOLAQY g,�G�g,' PRIMANCS- AS�;OCiAIES I, LLLP, 11SIAESCATC0 DY.ROOM L. DUANE. AICP,CF HOLE AIDNTIN ,1HC. q 60US @'ANPER,.UN, E30UIPIE 11, IATIT B.A NUMB, L,P,A. 'ANO ODlIEAT J, MULdE9E, FAICP.CE MOLIIZOE E ASSOCIATCS„ LIC AOf gEOVESTIYG TO; AfZ01lC 'C M12's. ACOCS I0001Y Pb.AS'.T!10. ?AONLANpU PL"DRIC'UNIT OEVELOPAT OVU0I .TO TIIE PAORLA,IV119 AmOBJTIAL PL1,f411EU UfRr DEVELOPUIIIT IPPUOj THC `. 111UC5T IG ALSI f0 AAICNO 711E P01INLANUS DrgLOPPAHlT of g6Clof)AL IMPACT IURII VIVELOPAIENT' OOUf.O TO NARE IT CPNSISTLNf WITH TPEpPOPpSE� ZUNINp'CtIANOC'M1NO 70 E,'.TCHO,:YOC AUILDOU I'.CATC iIIC1IC ZUNIf! ^+ OCUUCBL.;10 IpYILOUCf 7111.MAAfMLIAi OC616EATiAI OE NCIGY. FgOM 1.6117 UWELLIhC i1 ,'. UNITS.'TO ESC Ot'IELlINOUhiTd,'TII ELIh1IE1ATETIIC pUIf- .C9U(i3E AND T01NCgEApf TTIE WE Of ME FAMIlYC hP.EA Tgpfd 15U!'ACOCG TO 741ii`AC11CDt NILI T0.1fICLIIOE mlzjLIAOCOU3 GRANCES`-0 THE DEYCLOMENT RCOULATION3. TIIr APPLILATION ALIQ IHCLUOES111 PIANNED EXTEh31pN OF;LUUAN UUUL.'n NOUIH IU -0IIYNICI Ili UUNITA L'CACII HOATI IN LEV CCUNT3 IAS 15 AEULIIYIED U,Y lilt CUOAENT PARKLAN03 OEVELOph1FNT tlR DCO), THE r PI10fEI71Y :Il',SIS15 -0h PIMIfO1,lATA7l1Y 042( ACUE5 LCCAMI 9OU111 OF THE'LLF, COUNTY LINE.IN'EECTIOR 5. IUPl;I31lIP AA 301Illi. OftAOC 26 JAST RI COLLIEP COUIII5, F,LURICA Ali] IS LUOATEU APPRUXIAWELI IV;U MILt4 NU III VF 111E LU9AtIGN of 1111E :RN. CCPC DATE: JUNE 7th, 2012 9:000 CONTACT: KAY DESELEt,1, AICP, RRINCIPAL PLANNER 9CC DATE: JULY 24th;, 2012 9AMl PHONE: (239) 252,2931 LOCATION; COLLIER NOUPITY GOVERNMENT CENTER, ADMINISTRATION BUILDING T{IIRD FLOOR 1 ES CLORIOA 34112 BC"E'T 71 o n Cl fD r+ v an m rn N l!� . ,r t. MEN a � Y u�f ti+ W v W • N N O N d' N ti Robert W. ca (Paula jo Boykin 6223 N'ighcroft Drive Naples, L 34119 June 1, 2012 Ms. Kay Deselem, Principal Planner Collier County Growth Management Division Planning and Regulation Land Development Services 2800 North I- lorseshoe Drive Naples, FL 34104 Dear Ms. Deselem: 7/24/2012 Item 9.13. I am in receipt of your correspondence dated May 18, 2012 regarding PUDA- PL20100001551: Parklands PUD and the proposed changes to the existing ordinance. As a resident at 6223 Highcroft Drive in Quail West, 1 would like to express my concern that adequate barrier plantings be included in the plan along the border between "The Parklands" and Iiighcroft Drive in Quail West to ensure more privacy for our property. Sincerely, /�- Z�ZD (Robert W 13 y kin R WB /eta Packet Page -627- 7/24/2012 Item 9.B. Cl lr 4 rI ipi r Ygs Snell Turn I i mn. gig ifigN rinum. 9101 Bonita Beach Road Bonita Springs, FL 34135 Tel: (239) 949 -6262 Fax: (239) 949 -6239 Revised to show the location of the 75 /t. right- of -wav www.cityofbonitasprings.org Ben L. Nelson, Jr. Mayor May 4, 2012 Stephen S. McIntosh Council Member District One Mr. Nick Casalanguida Janet Martin Collier County Council Member Growth Management Administrator District Two 2800 North Horseshoe Drive Steven Slachta Naples, Florida 34104 Council Member District Three Re: Bella Lane a /k/a Logan Extension Peter Simmons Council Member Dear Mr. Casalanguida: District Four The City would like to thank you for the opportunity to review Martha Simons Council Member these plans as part of your approval process. As staff researched District Five the issue, I learned that the City has issued approvals for constructing this road as a portion of this project which is located William C. within the City's jurisdiction. These approvals included construction Member Council Member District six of the roadway previously designated as an extension of C.R. 951, and most recently Logan Boulevard. The approval is for a 2 -lane Carl L. Schwing road within an existing 75' right -of -way located east of San Remo City Manager (239) 949 -6267 and west of Village Walk. The request for construction of Bella Lane Is consistent with these existing approvals. Audrey E. Vance City Attorney Approvals include concurrency for Parklands CNC (10BOS- (239) 949 -6254 CNC00012, 11 BOS- EXT00013) was extended by HB 7207 by GL City Clerk Homes this past December (expires 8/15/2015). The City has also (239) 949 -6247 issued a Development Order (DOS2005- 00346) for the project which is still active (expires 8/15/2012). If you have any questions Public Works as to these approvals, please contact John Duimer in our (239) 949 -6246 Community Development Department at 444 -6161. Code Enforcement (239) 949 -6257 Parks & Recreation (239) 992 -2556 Community Development (239) 444 -6150 U: \City Manager\Casalanguida - Bella Lane.doc Packet Page -628- 7/24/2012 Item 9.13. Mr. Nick Casalanguida May 4, 2012 Page 2 RE: Bella Lane a/k/a Logan Extension On behalf of the City of Bonita Springs, I want to thank both Collier County and GL Homes for their patience, cooperation and efforts in coordinating with us as to this Collier project with its extraterritorial impacts in the City of Bonita Springs and Lee County. Sincerehc,-.-4'6,- Carl L. Schwing City Managesi CLS /dfg cc: Mayor and City Council John Gucciardo, Assistant City Manager Audrey E. Vance, City Attorney John Dulmer, Director, Community Development Daryl C. Walk, P.E., Director Public Works David Loveland, Director, LCDOT Kay Deselem, Principal Planner, Collier County Government Daniel L.Trescott, DRI Coordinator, SWFRPC R. Bruce Anderson, Esquire UACity Manager\Casalanguida - Bella Lane.doc Packet Page -629- CONSERVANCY of Southwest Florida OUR WATER, LAND, WILDLIFE, FUTURE. 7/24/2012 Item 9.13. Protecting Southwest Florida's unique natural environment and quality of life ... now and forever. June 6, 2012 Mr. Mark Strain Chairman, Collier County Planning Commission 2800 North Horseshoe Drive Naples FL 34104 Sent VIA E -Mail RE: PUDA- PL20100001551: Parklands PUD and PL20100001550: Parklands DRI Dear Chairman Strain and Planning Commissioners: As a Party to the 2010 Settlement Agreement between GL Homes and a number of conservation organizations with regard to the Terafina and Parklands projects, the Conservancy of Southwest Florida's primary focus was on reduction of development acreage, increased wetland protection and relocation of the Logan Boulevard Extension as part of future modifications to Parklands. Our negotiations resulted in what we consider to be important improvements to the Parklands site plan that we believe will result in a more environmentally compatible project as compared to the previous site design. The amendment to the Planned Unit Development (PUD) and the Development of Regional Impact (DRI) incorporate the agreed -upon environmental improvements as required by the Settlement Agreement. The Conservancy supports these proposed changes more specifically outlined below: • Preserve acreage of not less than 337 acres plus 11 acres of preserve buffers, resulting in additional wetland protection; • Relocation of the proposed Logan Boulevard Extension to the west side of the eastern preserve, and; • Relocation of the school site. 1 450 Merrihue Drive I Naples, Florida 34102 Fax 239.262.0672 I www.conservancy.org Packet Page -630- 7/24/2012 Item 9.B. The Conservancy appreciates the collaboration of the Parties which resulted in a Settlement Agreement that protects additional natural resources. Please feel free to contact me is you have any additional questions. Sincerely, Andrew McElwaine President and CEO CC: Heather C. Keith, Assistant General Counsel, GL Homes Kay Deselem, Principle Planner, Department of Land Development Services Packet Page -631- rom: BellowsRay ent: Tuesday, June 12, 2012 9:52 AM 7/24/2012 Item 9.13. 'o: DeselemKay ubject: FW: Follow -Up to 6 -7 -12 CCPC Hearing :ay lease advise Ms. Wilsey when Parklands is to come back for re -hear and consent. hanks ?ay 'rom: Carol Wilsey [carol @exceptional properties. us] ;ent: Monday, June 11, 2012 9:16 PM 'o: BroughamPhil; HomiakKaren; SchifferBrad; Vonier Bill; EbertDiane; KleinBarry; AhernMelissa; nmidnevE collier, rc; StrainMark :c: ntschultzti;aol.co n ubject: Follow -Up to 6 -7 -12 CCPC Hearing )ear Commissioners, Thank you for your time and attention to the petitions from Paul Schultz and myself, on behalf of the residents of Olde Cypress, uring the hearing on the 7th regarding the changes to the Parklands PUD and DRI. We do appreciate your giving us the opportunity to ut on the record the traffic and safety concerns we have for the impact this development will have on the only egress we have out of )Ide Cypress onto Logan Blvd. Mr. Schultz and I were happy to have the 2 -lane, 35 mph stipulations for Logan reiterated, and we were elieved to have Transportation Manager Reed Jarvey confirm, that our stop signs at the exit of Olde Cypress can remain for at least ten ears (based on the build -out estimate given by Mr. Kevin Ratteree on the record). Please advise when the changes you requested of GL Homes will come back before you, so one or both of us may monitor their ,etition as well. I am not sure if it will come back before you at the next scheduled hearing. Again, I appreciate the opportunity to be heard on behalf of the residents in our community. arol T. Wilsey 239) 289 -1403 Cell 873 Lone Pine Lane iaples, FL 34119 °Kier FIonda, Un e T ;iI ?: d. '-s .. p lib iG re ,o' "ds. If ' ,Ml do not vCant youzr e m .O .. . de", ! c �'P0 .., to a pub Iii; ,....,f ,. _.. r;'q :f;:,, da, not send e y,,: tJti ". r IaiI to if) is dL INS Oft Packet Page -632- 7/24/2012 Item 9.B. ORDINANCE NO. 12- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE PARKLANDS RPUD, TO CHANGE THE PUD BY REDUCING THE RESIDENTIAL DWELLING UNITS FROM 1603 DWELLING UNITS TO 850 RESIDENTIAL DWELLING UNITS, INCREASING THE PRESERVE TO 341. ACRES, DELETING GOLF COURSES AS A PERMITTED USE, REVISING DEVELOPMENT STANDARDS, REQUESTING DEVIATIONS FROM THE LAND DEVELOPMENT CODE, AND ELIMINATING A 7.23± ACRE PARK ON PROPERTY LOCATED EAST OF QUAIL WEST AND SOUTH OF THE LEE-COLLIER LINE IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 642.34f/- ACRES; PROVIDING FOR REPEAL OF ORDINANCE NO. 03-42; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners approved Ordinance No, 2003-42, the Parklands PUD on September 9, 2003; and WHEREAS, County staff approved a minor amendment to the PUD on October 25. 2005 to relocate an internal roadway; and WHEREAS, Bruce Anderson, Esquire of Roctzel & Andress and Robert Duane. ATCP of Hole Montes, representing Parklands Associates 1, LLLP, petitioned the Board of County Commissioners to change the PUD by reducing the residential dwelling units from 1603 dwelling units to 850 residential dwelling, units, increasing the preserve to 341± acres, deleting golf courses as a permitted use, revising development standards, requesting deviations from the Land Development Code, and eliminatinL g a 7.2-33± acre park. _ Parklands PUDA \ PL,2010-1551 Rev. 07/02112 1 of 3 Packet Page -633- 7/24/2012 Item 9.13. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 9, Township 48 South, Range 26 East, Collier County, Florida is changed from a Planned unit Development zoning district to a Residential Planned Unit Development (RPUD) for a project to be known as the Parklands RPUD, to allow construction of a maximum of 850 residential dwelling units in accordance with the Parklands RPUD document, attached hereto as Exhibits "A" through "F ", and incorporated by reference herein. The appropriate zoning atlas snap or maps, as described in Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: Ordinance No. 03 -42 is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon fling with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of 2012. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: , Deputy Clerk Approved as to form and legal sufficiency: Heidi Ashton -Cicko Managing Assistant County Attorney By: Parklands PtJDA `i PL2010 -1551 Rev. 07/02/12 2 of 3 FRED W. COYLE, Chairman Packet Page -634- 7/24/2012 Item 9.13. Attachments: Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit C -1 — Boundary Marker and Project Entrance Signs Exhibit C -2 — Typical Roadway Sections Exhibit C -3 - Logan Boulevard North Sections Exhibit D — Legal Description Exhibit E — List of Deviations Exhibit F — Developer Commitments C P\ 11- CPS - 01080 \75 Parklands PUDA \ PL2010 -1551 Rev. 07/02/12 3 of 3 Packet Page -635- 1 7/24/2012 Item 9.13. EXHIBIT A PERMITTED USES THE PARKLANDS RPUD GENERAL USES PERMITTED THROUGHOUT THE RPUD EXCEPT IN THE PRESERVE AREA (P) A. Permitted Principal Uses: 1. Agricultural uses including related accessory uses and structures. Agricultural uses in any particular tract shall be completely terminated prior to the issuance of any residential building permits for that area. 2. Water management facilities and related structures including lakes with or without bulkheads or other architectural or structural bank treatments. 3. Playgrounds, playfields, lakes, commonly owned open space, and pedestrian sidewalks/bikepaths. 4. Model homes and sales centers. 5. Guardhouses, gatehouses, and access control structures (located outside the Logan Boulevard North ROW). 6. Any other principal use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. B. Permitted Accessory Uses 1. Utility storage buildings, irrigation water and effluent storage tanks and ponds, all to serve the RPUD. 2. Signs, as permitted by the LDC provisions in effect at the time building permits are requested with deviations as stated in Exhibit E of this Ordinance. 3. Open space uses and structures including, but not limited to nature trails, riding trails, fitness trails and shelters, boardwalks, gazebos and picnic areas. 4. Docks, piers and the like, for residential use constructed for purposes of lake recreation for residents of the project. Page 1 of 20 HA2010\2010047\R1.D\PUD AmendmentTost CCPC \The Parklands RPUD 2010 -1551 (6- 26- 2012).doc Packet Page -636- 7/24/2012 Item 9.B. 5. Any other accessory use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. 2. RESIDENTIAL (R) A. Permitted Principal Uses 1. Single - family detached dwellings. 2. Single - family zero lot line dwellings. 3. Single - family attached and townhouse dwellings. 4. Two - family and duplex dwellings. 5. Multi- family dwellings: 6. Model homes conforming to housing types described in 2.A.1 through 2.A.5 above. 7. Any other principal use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. B. Permitted Accessory Uses 1. Customary accessory uses and structure, including but not limited to private garages and swimming pools, spas, screen enclosures, gazebos, and recreational facilities designed to serve the development. 2. Signs as permitted by the LDC provisions in effect at the time building permits are requested including the standards of Exhibits B and E of this Ordinance. 3. Common area recreation and utility facilities. 4. Any other accessory use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. C. Density 1. A maximum number of 850 dwelling units may be constructed as set forth in the Development Standards Table. Page 2 of 20 HA2010\2010047\RLD\PUD AmendmentTost CCPC \The Parklands RPUD 2010 -1551 (6- 26- 2012).doc Packet Page -637- 7/24/2012 Item 9.13. 2. Single - family housing types may be mixed within the model home row area (only). This means that a single - family detached (zero -lot -line and non - zero -lot -line) and single - family attached, may be on adjoining lots provided that each housing type meets applicable development standards specified in Exhibit B. Single - family and multi - family housing types may not be mixed on the same platted tract. The setbacks between mixed housing types shall be the most restrictive, i.e., the housing type requiring the largest setback. 3. RECREATION SITE (RS) A. Permitted Principal Uses 1. Community center /clubhouse with dining facilities, health spas, tennis club and other recreational facilities intended primarily to serve the RPUD residents and guests. The developer shall commence construction of the community center /clubhouse on the recreation site (RS) prior to issuance of the building permit for the 250th dwelling unit and shall complete construction within one year, unless delayed by natural disaster or other calamity beyond the control of the developer. 2. Commercial /retail establishments including tennis equipment sales, gift shops, restaurants, cocktail lounges and similar uses intended primarily to serve the RPUD residents and guests. 3. Maintenance and storage buildings. 4. Any other principal use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. B. Permitted Accessory Uses 1. Parks, tennis courts, shuffleboard courts, volleyball courts, tot lots and other facilities for outdoor recreation. 2. Customary accessory uses and structures incidental to recreational areas and/or facilities, and structures constructed for the purposes of maintenance, storage, or shelter with appropriate screening and landscaping. 3. Any other accessory use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. Page 3 of 20 H:\2010\2010047\RLD\PUD AmendmentTost CCPC\ne Parklands RPUD 2010 -1551 (6- 26- 2012 ).doc Packet Page -638- 7/24/2012 Item 9.13. 4. PRESERVE (P) A. Any uses permitted in preserve areas by LDC 3.05.07.H.1.h in effect at the time of RPUD approval. B. Any other use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. SCHOOL SITE (S) A. Permitted Principal Uses 1. No uses other than a public elementary school shall be allowed on the School Site unless the developer records a notice in the public records that this restriction has been waived in whole or in part. In the event of turnover, the master homeowner's association shall thereafter be responsible for recording such notice. If so waived, any of the principal and accessory general and residential uses permitted in the RPUD are also permitted on the School Site. This restriction may be recorded in the public records and shall be included in the deed to the School Board. B. Permitted Accessory Uses 1. Access control structures, pedestrian sidewalks, communication facilities and similar uses accessory to a school site. 6. OPEN SPACE/BUFFERS (OSB) A. The perimeter buffer along the western property line shall be 35 feet in width and may be located within the area previously conveyed to Collier County as right of way (60 feet in width) and subsequently conveyed back by Collier County (per O.R. Book 3603, Page 858). The portion of the perimeter buffer located along the northern property line adjacent to the development area shall be 35 feet in width. The southern, northern and eastern perimeters that are contained in the preserve area shall be deemed to satisfy the LDC requirements for buffers along these perimeters. B. A final determination shall be made of the type of buffers required at the time of SDP or plat approval based on the adjacent land uses. 7. PRESERVE BUFFERS (PB) A. Preserve buffers are intended to buffer and protect the large preserve areas from impacts associated with The Parklands development and Logan Boulevard North. Page 4 of 20 H:\2010\2010047\RLD\PL1D Amendment\Post CCPC \The Parklands RPUD 2010 -1551 (6- 26- 2012).doc Packet Page -639- 7/24/2012 Item 9.B. B. In addition to uses permitted in LDC 3.05.07.H.1.h, developer may supplement existing native vegetation with landscape features, buffers, berms and native landscaping materials. 8. LAKES (L) A. If requested by the developer, the minimum lake setback to right -of -way, road access easement, or external property line, including those adjacent to Logan Boulevard North, shall be reduced to a minimum of twenty (20) feet if the right - of -way or roadway access easement is protected in the vicinity of the lake by a guardrail and landscaping. Notwithstanding the foregoing, this provision does not operate as a waiver of the Collier County Code of Laws and Ordinances. 9. SIGNAGE A. Boundary Markers: Two boundary markers or monuments may be located at the project development area, adjacent to Logan Boulevard North right -of -way (see Exhibit C -1). Refer to new Deviations Nos. 3, 5 and 8 in Exhibit E. B. Project Entrance Signs: Two ground or wall- mounted Parcel Entrance Signs may be located at the main entrance of the RPUD on Logan Boulevard North (see Exhibit C -1). Refer to Deviations Nos. 3, 4, 5 and 8 in Exhibit E. 10. CROSS SECTIONS A. See Exhibit C -2 typical roadway cross sections and Exhibit C -3, Logan Boulevard North cross sections. Refer to Deviations Nos. 10, 11, 12 and 13 in Exhibit E. Page 5 of 20 H:12010\20I0047\RLD\PUD Amendmenffost CCPC\7be Parklands RPUD 2010 -1551 (6- 26- 2012).doe Packet Page -640- 7/24/2012 Item 9.13. i EXHIBIT B DEVELOPMENT STANDARDS THE PARKLANDS RPUD PERMITTED USES Single- Zero Two Family Single- Multi- Model Guard Preserve Recreation Site AND STANDARDS Family Lot &Duplex Family Family Dwellings Homes (R) Gate House Area Structure (RS) Detached (R) Line (R) (R) Attached/ Townhouse (except (ROWS) (P) (more than 2 Townhouse) units) (R) (R) *u Minimum Lot Area 5,000 SF 4,000 SF 3,500SF 3,500 SF ' ' 9,000 SF N/A N/A 1 acre Minimum Lot Width 50' 40' 35'* 35'* 90' N/A N/A 100' Minimum Lot Depth 100' 100' 100' 100' 100' N/A N/A 100' Front Yard Setbacks 20' 20' 20' 20' N/A N/A 25' Front Yard Accessory 20' 20' 20' N/A N/A 10' Setbacks Side Yard Setbacks 6' 0' or 10 20' 7.5' 7.5' N/A N/A ]0' Side Yard Accessory Setbacks S.P.S.`9 S.P.S." S.P.S.9 S.P.S. *9 N/A •5 •6 10' Rear Yard Setbacks 15' 15' 15' 15' N/A 5 .6 N/A 10' Rear Yard Accessory 5' 5' N/A .5 'o N/A 10' setbacks Maximum Building 5' 2 stories 5' 2 stories 2 stories not 2 stories not 2 stories not 2 stories 2 stories Height not to not to to exceed to exceed to exceed not to not to exceed exceed 30' 30' 50' exceed exceed Zoned 30' 30' 40' 40' 60' .5 30' 25' 35' Actual 40' 40' `5 40' 35' 50' Distance Between Principal & Accessory 10' 10' 10' 10' 20'`7 .5 N/A N/A 10' Structures Distance Between 10' 0' or 10' 15' 15' 30' N/A N/A 10' Principal Structures Floor Area Minimum 1,000 SF 1,000 SF 1,000 SF 1,000 SF 750 SF N/A N/A N/A Setbacks from Preserve Areas — 25' 25' 25' 25' 25' `5 25' N/A 25' Principal Structures" Setbacks from Preserve Areas — 10' 10' 10' 10' 10' `5 10' N/A 10' Accessory Structures Setback from Tract N/A N/A N/A N/A 25' * N/A N/A 10' 25' Bound Setback from Internal N/A N/A N/A N/A 20' N/A N/A N/A N/A Drives or Travelwa s (See footnotes on Page 7 of 20) Page 6 of 20 H:\2010\2010047\RLD\PUD Amendmenffost CCPC1Tbe Parklands RPUD 2010 -1551 (6- 26- 2012).doc Packet Page -641- 7/24/2012 Item 9.13. *1 SF refers to square feet. All other measurements are in linear feet. *2 3,500 SF of lot area per dwelling unit. *3 Minimum lot width may be reduced by 20% for cul -de -sac lots provided the minimum lot area requirement is maintained. *4 Front yards shall be measured as follows: A. If the parcel is served by a public right -of -way, setback is measured from the adjacent right -of -way line. B. If the parcel is served by a private road, setback is measured from the back of curb or edge of pavement (if not curbed). C. If the parcel has private road frontage on two sides, the setback is measured from the side with the shortest frontage with the other frontage designated as a side yard. D. The garage must be setback a minimum of 23 feet for front -entry and 15 feet for side entry. *5 Same as Residential Zoning District where model home is located. *6 Minimum 5' from road edge of pavement or back of curb and minimum 15' from Logan Boulevard North ROW line. *7 May be reduced to 10' between multi - family buildings and garages. *8 Not applicable to boardwalks which may be constructed up to the preserve tract boundary. *9 S.P.S. means same as principal structure. *10 Per unit. *11 Maximum of ten (10) units attached in one building. *12 The perimeter buffer will not be located within the 25' setback or will be located outside of the tract boundary. Page 7 of 20 H:\2010\20] 0047\RLD\PUD Amendment\Post CCPC \The Parldands RPUD 2010 -1551 (6- 26- 2012).doc Packet Page -642- 7/24/2012 Item 9.B. W ¢ Z = 0 N�tlm h AN O N d �m V nN � NtNV N Y m + 5 ¢ r¢¢ d e J a N W OTC ytH W 7/24/2012 Item 9.B. W ¢ Z = I �Oiae � v Z HG + a o ¢ r¢¢ d e J a N W 7/24/2012 Item 9.B. W ¢ Z = � v Z HG + a o ¢ r¢¢ d e J a N W OTC ytH 7/24/2012 Item 9.B. r S � W o� w NJ oV G � � d a In Un W 6 mm W A. 0. 16 AV001 41, 1 Y 6aaC x anaisa/vIrYna Page 8 of 20 HA2010\2010047\RLD\PUD Amendm=APost CCMThe Parklands RPUD 2010 -1551 (6- 26- 2012).doo Packet Page -643- aJ g A r7 6 IT D + < a �jQ �� W OTC ytH W f• O O w F °d °• �a G �. w^ gds a ILI N G vyJ N G.[ f0 W m CJ � f%c (D� 1- ��nq UG Cy HSJ OMl.1W a LLI w 8 g� ? NF C) G �p y�LLO Lw � YwCN.1 � N� g E r S � W o� w NJ oV G � � d a In Un W 6 mm W A. 0. 16 AV001 41, 1 Y 6aaC x anaisa/vIrYna Page 8 of 20 HA2010\2010047\RLD\PUD Amendm=APost CCMThe Parklands RPUD 2010 -1551 (6- 26- 2012).doo Packet Page -643- aJ g A r7 6 IT J 5 o V = VI \` V � Vl F �t10 4 U V) Q J W Y \( \\ J W Z n �1 �V 4 -- e� 3 � 2° U w I � I REVISED 07 /20II RE`IgONS PER MIER ^- 07/2011 RCN9CN5 PER MIER ^- - �� Paridands Collier by Q.LHomes [ Ell 6 Collier County, Florida EXHIBIT "C- I" Page 9 of 20 H:\ 2010 1,2010047 \RLD\PUD AmendmentTost CCPC \The Parklands RPUD 2010 -1551 (6- 26- 2012).doc Packet Page -644- 7/24/2012 Item 9.13. a U F Y� O VI GLHOMES LANDSCAPE ARCHITECTURE IROY ,MWMIIMN{E nfMm�••"` R4V x 0] tE 7/24/2012 Item 9.13. 80' RIGHT -OF -WAY 1' I 5' 7' 2' 4' 11' MIN. I 11' MIN. 1 4' 2' 7' OC1MC. I S/W IKE BIKE �{�(I CONC. j(!A OP T E I (OPlE) 1t .O2 t .02 ft ft SEWAGE FORCE MAIN IRRIG, MAIN - 0 GRAVITY SANITARY SEWER WATER MAIN CONIC VALLEY GUTTER OR CURB k GUTTER (TYPICAL) 1 1/2' AC WEARIND COURSE 12' THICK (MIN.) STABILIZED (TYPE S -14) SUBGRADE, (LBR 40) 6' THICK (MIN.) COMPACTED UMEROCK INTERIOR ROAD SECTION (60' R.O.W.) 50' RIGHT -CF -WAY 4' ffW� 2' 10' t0' 2' 4' 8 4 NOTE I `sjly I MINOR DETAILS OF ROAD 5ECT10N5 I AND UTILITY PLACEMENT SUBJECT .02 ft f .02 H ft TO CHANGES IN FINAL DESIGN IRRIG. MAIN -0 b / I GRAVTY J L SANITARY WATER MAIN CONC. VALLEY GUTTER OR SEWER CURB k GUTTER (TYPICAL) 1 1/2' AC WEARING 12' THICK (MIN.) STABWZED COURSE (TYPE S -III) SUBORACE, (LBR 40) 8' THICK (MIN.) CCMPAC7ED LIMEROCK INTERIOR ROAD SECTION (50' R.O.W.) 40' RIGHT -DF -WAY B' 2' 10' 10' 2' Y 5' CONC.--(ONE SIDE ONLY) I S/W ,02 ft ft I 02 ft ft _. SEWAGE FORCE MAIN IRRIG. MAIN --O GRAVITY SANITARY WATER MAIN CONCH VALLEY GUTTER OR SEWER CURB & GUTTER (TYPICAL) 1 1/2' AC WEARING 12' THICK (MIN.) STABILIZED COURSE (TYPE S -III) SUBGRADE, (LBR 40) 6- THICK (MIN.) COMPACTED LIMEROCK INTERIOR ROAD SECTION (40' R.O.W.) V SIDEWALK TYPICAL (ONE SIDE ONLY R/W LINE FOR 40' R/W) - 10' U.E. 26'R 40' OR 50' R.O.W, T i2 R/W UNE J 2' WIDE CONIC. VALLEY GUTTER OR WRB & GUTTER (TYPICAL) 10' U.E. 2' WIDE VALLEY \ GUTTER 30'R , R/W LINE - _ 1 i� 60'R 48'R / \ x -6' WIDE CONCRETE SIDEWALK CUL -DE -SAC DIMENSIONING REVISED 11/2011 LOGAN BLVO. SECTION REMOVED & DEPICTED ON NEW EXH. C -3 REVISED 07/2011 CUL -DE -SAC DIMENSIONS AND MISC. Naples Encore HEWN FL. 34W10 THE PARKLANDS Phone: (239) 254 -2000 Typical Internal Roadway Sections & Details HOLE MONTE3 Florida Cerfificote of tags' Authorizatlon No,1772 EXHIBIT C -2 Page 10 of 20 H:\2010\2010047\RLD\PUD Amendment\Post CCPC \The Parklands RPUD 2010 -1551 (6- 26.2012).doc Packet Page -645- i t 1 I IuulnP Tg e I (ASPHALT). SEWAGE F.M. - WAIER EFT TURN LANE Q— IRRIGATION MAIN EXIST. GRADE MAIN 111111777777 IF RED '0 FOR SECOND ENTRANCE Ca I lEg /LEE COLNTY "NE TO THE PARKI ANDS FAIN ENTRANCE £XI An w 1r 4' 2• ( YULTI -USE PATH ' (ASPHALT) I � r 7/24/2012 Item 9.13. DCST. CRADEJ SEWAGE F.M. ROAD .WIDENING AS REQUIRED FOR RIGHT. D.—IRRIGATION MAIN A AND 1E} T TURN LANES AT MAIN ENTRANCE WATER'YAWJ THE PARKLANDS LAIN ENTRANCE TO NORTH OF TERAFINA ENTRANCE WW UNE >L°LTON 18 I XIST: 2ADE IV WATER MAN-"O u 1r LEFT TURN 12 RIGHT TURN e' TRAVEL LANE LANE TRAVEL LANE LANE MUPATH SE MEDIAN VARIES DUST. . GRADE) I IRRIGATION SEWAGE. F.M.--f 0-1-MAIN MST UNE:OF lEa71DN 1! S' S/W 4' 1r 1r 9' YVPi TH t I 1 SEWAGE F.M. - -- MAIN 43 ST. GRADE MAIN IRRIGATION. WAN C 11H OF TERAnNA ENTRANCE TO SE07ION 19/21 LNE 8G' RIGHT -OF -WAY B' HIGH WALL (BY OTHERS) NESf BECTIJ112) 5' e' MULTI -USE W HIGH WALL ( I i PA71i ORAOE 1 EXIST. GRADE IJ "— I NOTES IRRIGA'nON 1. SECTIONS ORIENTED NORTH. WATER MAIN MAIN 2. MINOR DETAILS'OF ROAD SECTIONS. SEWAGEF.M. AND UTILITY PLACEMENT SUBJECT TO 48' RCP STORM- CHANGES IN FlNALDESIGN. 3. TRANSITIONS REQUIRED BETWEEN 4oY4o_ Y TION 161M LNF TO NQRTH OF OLDF CYPRESS ENTRANCE SECTIONS NOT SHOWN. 950 Encore Way THE PARKLANDS Na les, FL. 34110 Phone: 139) 254 -2000 LOGAN BOULEVARD NORTH SECTIONS HOLE MOhlTES Florida Cert(flcote of EXHIBIT C -3 Bi7�f91�6lt '�E1W5 Authorfzatlon No.1772 Page 11 of 20 HA2010\2010047\RL.D\PUD Amendment\Post CCPC \The Parklands RPUD 2010 -1551 (6- 26- 2012).doc Packet Page -646- 7/24/2012 Item 9.13. EXHIBIT D LEGAL DESCRIPTION THE PARKLANDS RPUD All of Section 9, Township 48 South, Range 26 East, Collier County, Florida, less and except the South 30 feet conveyed to Collier County in Official Records Book 484, Page 533, Official Records Book 548, Page 881, and Official Records Book 548, Page 883, all in the public records of Collier County, Florida. Together with the West 60 feet of the South 30 feet of Section 9, Township 48, Range 26 East, Collier County, Florida. Containing 642.239 acres, more or less. Page 12 of 20 H:\2010\2010047\RLD\PUD Amendment\Post CCPC \The Parklands RPUD 2010 -1551 (6- 26- 2012).doc Packet Page -647- 7/24/2012 Item 9.13. EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC THE PARKLANDS RPUD 1. Deviation No. 1 seeks relief from LDC Section 5.04.04.B.3.e, Model Homes and Model Sales Centers, which provides that a temporary use permit for a model home (occupied or unoccupied) shall be issued initially for a period of three (3) years. The requested deviation is to allow the model homes to remain in effect up to ten (10) years without requiring a conditional use. 2. Deviation No. 2 seeks relief from LDC Section 5.04.04.B.5.c, Model Homes and Model Sales Centers, which provides that a maximum of five (5) models, or a number of corresponding to ten (10) percent of the total number of platted lots, whichever is less, per platted, approved development shall be permitted prior to final plat approval as specified above. The requested deviation provides up to 16 model homes and a sales center to be permitted in the RPUD. Each time the developer applies for a model building permit, he shall be required to inform the County how many model homes are in operation. 3. Deviation No. 3 seeks relief from LDC Section 5.06.02.B.6., Development Standards for Signs within Residential Districts, which allows on- premises signs within residential districts. Two ground signs with a maximum height of 8 feet or wall, residential entrance or gate signs with a maximum height of 8 feet may be located at each entrance to multi- family or single - family development and mobile home or recreational vehicle park. The requested deviation is to allow two (2) entrance signs and two (2) boundary marker signs depicted in Exhibit C -1. These signs will be a maximum 10 feet in height. The boundary markers will be located adjacent to the project development along Logan Boulevard North. (See Deviation No. 5 for height. See Deviation No. 4 for copy area). 4. Deviation No. 4 seeks relief from LDC Section 5.06.02.B.6.b, Development Standards for Signs within Residential District, which allows the ground or wall sign not to exceed a combined area of 64 square feet and shall not exceed the height and length of the wall or gate upon which it is located. The requested deviation is to allow the two project entrance signs with a maximum area of 64 square feet per side and a total area of 128 square feet (both sides) and two boundary marker signs with a maximum area of 32 square feet per side and a total area of 64 square feet (both sides). Deviation No. 5 seeks relief from LDC Section 5.06.02.B.6 which provides that on- premise signs within residential districts are allowed a maximum height of 8 feet. Page 13 of 20 H:\2010\2010047\RLD\PUD Amendment\Post CCPC \The Parklands RPUD 2010 -1551 (6- 26- 2012).doc Packet Page -648- 7/24/2012 Item 93. The requested deviation is to allow a maximum height of 10 feet for the two entrance signs and two boundary marker signs. Sign height will be measured per the LDC. 6. Deviation No. 6 seeks relief from LDC Section 5.06.02.B.5.b, Development Standards for Signs within Residential District, which allows directional signs to be combined into one sign with a maximum height of 8 feet and a maximum area of 24 square feet. The requested deviation is to allow for no limitation on the number of combined signs provided they are separated by a minimum distance of 100 feet or a road right -of -way. 7. Deviation No. 7 seeks relief from LDC Section 5.06.02.B.5.a, Development Standards for Signs within Residential District, which allows on premise directional signs be set back a minimum of 10 feet from the edge of the roadway, paved surface or back of the curb, as applicable. The requested deviation is to allow the directional sign to be located five feet from a roadway or platted easement, excluding public roadways, if it does not result in public safety concerns or obscure visibility of the motoring traffic. 8. Deviation No. 8 seeks relief from LDC Section 5.06.02.B.1.a, Development Standards for Signs within Residential District, which allows a maximum height of 8 feet within residential zoning districts, and as applicable to designated residential portions of RPUD zoned properties, or as otherwise provided within this Code. The requested deviation is to allow the height of the entry and boundary marker signs to be 10 feet. 9. Deviation No. 9 seeks relief from LDC Section 5.04.06.A.3.d, Temporary Signs, which requires that temporary signs shall not exceed 32 square feet in area in sign area. The requested deviation is to allow temporary signs and banners to be 48 square feet in area. 10. Deviation No. 10 seeks relief from LDC Section 6.06.01.0 and Appendix B which require cul de sacs and local streets to have a minimum 60- foot -wide right -of -way. The requested deviation is to allow both 40- foot -wide and 50 -foot -wide right -of -way widths for internal streets (See also Exhibit C -2). This does not apply to the internal main spine road which connects directly to Logan Boulevard North. 11. Deviation No. 11 seeks relief from LDC Section 6.06.02.A.1, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks on both sides of a local street that is adjacent to the site. The requested deviation is to allow a sidewalk five feet in width on just one side of the street for local roadways 40 feet in width (see also Exhibit C -2). This does not include the main spine road which connects directly to Logan Boulevard North. Page 14 of 20 H:\2010\2010047\R1-D\PUD Amendment\Post CCPC \The Parklands RPUD 2010 -1551 (6- 26- 2012).dor Packet Page -649- 7/24/2012 Item 9.13. 12. Deviation No. 12 seeks relief from LDC Section 6.06.01.0 and Appendix B, (Street System Requirements), which requires 4 travel lanes and median separator with a right - of -way width as required for a major collector or arterial roadway. The requested deviation is to allow construction of Logan Boulevard North with 2 travel lanes within a 60- foot -wide or 80- foot -wide right -of -way as depicted on Exhibit C -3. 13. Deviation No. 13 seeks relief from LDC Section 6.06.02.A.1, and Appendix B (Sidewalks, Bike Lane and Pathway Requirements) which requires 6- foot -wide sidewalks on both sides of an arterial or major collector roadway. The requested deviation is to require only one 10- foot -wide or 12- foot -wide multi -use path on one side of Logan Boulevard North or a combination of an 8 -foot -wide multi -use path and 5- foot -wide sidewalk as depicted on Exhibit C -3. 14. Deviation No. 14 seeks relief from LDC Section 4.03.08.A.4, Facilities and Service Improvement Requirements, which requires no more than 4,000 average daily trips per project access point. The requested deviation is to permit one project access point on Logan Boulevard North for the first 650 dwelling unit building permits based on a maximum trip generation rate of 566 peak hour two -way trips. If more than 650 dwelling unit building permits are issued, a second project access point in lieu of an emergency access shall be required on Logan Boulevard North. 15. Deviation No. 15 relates to Collier County Code of Ordinances Section 22- 110(a)(3)b, excavation review provisions of the applicable laws and County ordinances, that require approval by the Board during the rezone and/or preliminary subdivisions plat process to remove and have off -site excavated material in an amount in excess of ten percent (and in excess of 20,000 cubic yards) of the total volume excavated. This deviation serves to satisfy the requirement that intentions to remove the material must be clearly stated during the development review and approval process. The requested deviation is to allow the off -site removal of fill in excess of ten percent and in excess of 20,000 cubic yards of excavated material for the construction of Logan Boulevard North. Use of the excavated material on -site and for the construction of Logan Boulevard North shall not require a traffic study. Page 15 of 20 HA2010\2010047\RLD\PUD Amendment\Post CCPC \The Parklands RPUD 2010 -1551 (6- 26- 2012).dor Packet Page -650- EXHIBIT F DEVELOPER COMMITMENTS THE PARKLANDS RPUD 1. GENERAL 7/24/2012 Item 9.B. A. The Parklands DRI was approved prior to the adoption of the Collier County Growth Management Plan and continues to be vested for consistency and concurrency in accordance with Section 163.3167(5), Florida Statutes, and is exempt from any transportation related or other moratoria. Nothing herein shall be construed as limiting or modifying the vested rights of the Parklands development. B. The buildout of the project shall be governed by the dates set forth in the DRI Development Order or any amendments thereto. C. The developer shall obtain and utilize all available on site fill needed for the construction of Logan Boulevard North. The County shall administratively review and permit the lake excavations depicted on the RPUD master plan, and give consideration to deeper lakes (in accordance with SFWMD requirements) so as to maximize the amount of on -site fill that can be generated for the Logan Boulevard North so as to minimize hauling of imported fill for the project needs and Logan Boulevard North construction. D. The developer shall commence construction of the community center /clubhouse on the recreation site (RS) prior to issuance of the building permit for the 250th dwelling unit and shall complete construction within one year, unless delayed by natural disaster or other calamity beyond the control of the developer. 2. TRANSPORTATION A. Except as may be provided by written agreement with the County, the developer shall construct a two (2) lane road, known as Logan Boulevard North Phase 1, extending from the present terminus of Logan Boulevard North at the Olde Cypress development north to the first entrance to the Parklands. Phase 1 of Logan Boulevard North will be completed prior to the issuance of the first certificate of occupancy. The developer shall not be entitled to impact fee credits for the construction of Logan Boulevard North Phase 1. Phase 2 of Logan Boulevard North extends from the first entrance to the Parklands north to Bonita Beach Road. The timing and terms for construction of Logan Boulevard North Phase 2 shall be as established in the Developers Contribution Agreement. B. The developer(s), its successor(s) in title, or assignee(s), shall be responsible for the cost of a traffic signal at the main development entrance on Logan Boulevard North located within the Parklands RPUD when determined warranted and approved by Collier County Transportation Staff. Contingent upon the completed Page 16 of 20 H:\2010\2010047\RLD\PUD Amendment\Post CCPC \The Parklands RPUD 2010 -1551 (6- 26- 2012).doc Packet Page -651- 7/24/2012 Item 9.13. installation, inspection, burn -in period, and final approval the traffic signal (as defined by the applicable Developer Contribution Agreement), said traffic signal shall be conveyed to Collier County for ownership and maintenance. If a traffic signal is not warranted, as determined by Collier County Transportation's staff, the developer's obligation for the traffic signal shall end 12 months after the date of the last residential C.O. C. The project main entrance from Logan Boulevard North shall have two lanes in and two lanes out. D. The developer shall provide a second project entrance on Logan Boulevard North prior to the issuance of the first building permit for the 651St dwelling unit. This entrance shall not be signalized. Its location may differ from that shown on Exhibit C, the Master Plan, but it must comply with Access Management Policy in effect at the time. If only one entrance is provided on Logan Boulevard North (because less than 651 dwelling units are constructed), an entrance for emergency vehicles shall be provided as generally depicted on the RPUD Master Plan. The emergency entrance shall be constructed concurrently with the adjacent tract and internal roadway. E. No new or additional access points to Logan Boulevard North (in excess of that depicted on the RPUD Master Plan) shall be permitted. 3. UTILITIES A. The developer, its assigns or successors shall negotiate with the County for the use of treated sewage effluent within the project limits for irrigation purposes, subject to availability. The developer shall be responsible for providing all on -site piping and pumping facilities from the County's point of delivery to the project and negotiate with the County to provide full or partial on -site storage facilities, as required by the DEP, consistent with the volume of treated wastewater to be utilized and subject to availability of treated effluent. B. Connection to the County's off -site water and/or sewer facilities along CR 846 (hnmokalee Road) will be made by the developer, its assigns or successors at no cost to the County after legal access is available. The cost of connection shall include, but shall not be limited to, all engineering design, and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County off -site facilities, and water and/or sewer lines necessary to make the connection(s). The developer may share these expenses with other users, if applicable, or if the developer funds more than its proportionate share of these costs, then the County shall collect and reimburse the developer when other users connect (on a proportionate basis) to the system. C. Detailed hydraulic design reports for the water distribution and wastewater collection and transmission systems to serve the project shall be submitted to the Public Utilities Division prior to or concurrent with submission of construction Page 17 of 20 HA2010\2010047u2LDU'UD AmendmentTost CCPC\The Parklands RPUD 2010 -1551 (6- 26- 2012).doe Packet Page -652- 7/24/2012 Item 9.13. documents during subdivision or site development plan review for the project. Design of the utilities improvements shall include the following: 1. The developer shall grant a 15- foot -wide utility easement (at no cost to the County) in one of the western residential tracts from the internal roadway to the western project boundary abutting Quail West for a future interconnection of the water distribution mains. The developer shall choose the location of the easement. The County shall be responsible for the costs of the interconnection and for obtaining a utility easement in Quail West. 2. The wastewater improvements will include extending the wastewater force main serving Olde Cypress and Terafina along Logan Boulevard North as required to serve The Parklands. The developer will also provide a design acceptable to Public Utilities PPMD which is hydraulically compatible with the Olde Cypress and Terafina pumping stations. The Parklands collection system will be designed with one (sub)master pumping station connected to the extended force main and will consist of duplex variable frequency drive (VFD) submersible pumps meeting the requirements of Public Utilities PPMD. Should development patterns in the area or design standards change significantly prior to development of the Parklands, other design alternatives may be considered. 4. ENVIRONMENTAL A. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty - five (25) feet from the landward edge of wetlands except where natural buffers are not possible or not feasible. In this event, only structural buffers shall be required and shall be constructed in accordance with the State of Florida Environmental Resources Permit (ERP) Rules and shall be subject to review and approval by County Manager or his designee. (No structural buffers are to be permitted in preserve area). B. The project provides for 341.2 acres of preserve area as depicted on the RPUD Master Plan. Based on the environmental assessment, 131.6 acres of native vegetation exists on the site, therefore, only 32.9 acres was required to be preserved. C. One management plan for the entire project shall be submitted in accordance with the requirements and procedures of the LDC for listed species including but not limited to Black Bear, Gopher Tortoise and listed birds. The management plan shall be submitted prior to development of the first phase of the project. Page 18 of 20 HA2010\2010047\RLD\PUD AmendmentTost CCPC\The Parklands RPUD 2010 -1551 (6- 26- 2012).doc Packet Page -653- 7/24/2012 Item 9.13. SCHOOL A. The developer, or its successors or assigns, agrees to donate to the Collier County School District, subject to school impact fee credits, a fifteen (15) acre school site in the location depicted on the RPUD Master Plan. The developer or his successors or assigns: 1. Will convey the fee simple title for the school site to the School District prior to the commencement of construction, or within 90 days of request by the School District. 2. The site shall only be used for a public elementary school with access control structures, pedestrian sidewalks, communication facilities and similar uses accessory to a school site. (See Section S.A.1). No uses other than a public elementary school shall be allowed on the school site unless the developer records a notice in the public records that this restriction has been waived in whole or in part. In the event of turnover, the master homeowner's association shall thereafter be responsible for recording such notice. (See also Exhibit A, Section 5.A.1). If so waived, any of the principal and accessory residential uses permitted in the RPUD are also permitted on the school site. This restriction may be recorded in the public records and shall be included in the deed to the School District. 3. The Parklands water management system will accept the stormwater runoff from the school site and provide the necessary storage and attenuation. The school site will provide water quality or pretreatment as required. 4. The School District will be responsible for the construction of all access improvements into the school site. 6. PUD MONITORING A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close -out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close -out of the PUD. At the time of this PUD approval, the Managing Entity is Parklands Associates I, LLLP. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity, As Owner and Developer sell off tracts, with the exception of individual residential lots, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be Page 19 of 20 HA2010\2010047\RLD\PUD AmendmentTost CCPC1The Parklands RPUD 2010 -1551 (6- 26- 2012).doc Packet Page -654- 7/24/2012 Item 93. relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 7. DEVELOPMENT OF REGIONAL IMPACT (DRI) A. The Developer, its successors in interest, and all future assigns or designees shall adhere to all commitments made in the Development of Regional Impact (DRI) Application for Development Approvals (ADA), sufficiency responses, and attachments for this amendment and all previously adopted DRI Development Order (DO) actions for this project as amended. Page 20 of 20 HA20 I 0\2010047\RLD\PUD Amendment\Post CCPC \The Parklands RPUD 2010 -1551 (6- 26- 2012).doc Packet Page -655- Z D t^ M V1 'D r- M N �C (D CO. (D Ln a. a C. A.1 a_ N N t11 L - a 742/2 tem 9.13. NOTICE OF INTENT TQCONSIDER PETITIONS.. Notice is hereby given that on Tuesday, July 24, 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 and County Resolution. The meeting will commence at 9:00 A.M. The titles of the proposed Ordinance and Resolution are as follows: . . , . ... .. • PUDA4UOIDDD01551 - PARKLANDS: AN ORDINANCE, OF THE BOARD OF 'C COMMISSIONERS- OF COLLIER COUNTY,, FLORIDA, AMENDING ORDINAN( 2004-41, AS AMENDED, THE COLLIER-COUNTY LAND DEVELOPMENT CODE, ESTABLISHED THE COMPREHENSIVE ZONING ' REGULATIONS ' FOR UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, 7 8Y AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS 'BY CHANGING THE ZONING CLASSIFICATION 'OF. THE HEREIN DESCRIBED REAL PROPERTY, FROM A. PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO'BE KNOWN AS THE PARKLANDS RPUD, TO CHANGE THE PUD BY REDUCING THE RESIDENTIAL DWELLING UNITS FROM 1603 DWELLING UNITS TO 850 RESIDENTIAL DWELLING .UNITS, INCREASING THE PRESERVE TO 341+1- ACRES, DELETING GOLF COURSES AS A PERMITTED USE, REVISING DEVELOPMENT STANDARDS, REQUESTING DEVIATIONS FROM THE LAND. DEVELOPMENT CODE, AND ELIMINATING .A 7.23+1 - ACRE PARK ON PROPERTY LOCATED EAST OF QUAIL WEST AND SOUTH OF THE 'LEE- COLLIER LINE IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST; .COLLIER COUNTY, FLORIDA CONSISTING OF 642.34+1- ACRES; PROVIDING FOR REPEAL- OF ORDINANCE ENO. 03-42; AND PROVIDING AN EFFECTIVE DATE. (COMPANION.TO PETITION DOA- PL20100001550). DOA- PL20100001550 PARKLANDS:. A RESOLUTION AMENDING DEVELOPMENT. ORDER 'NO. 854,. AS AMENDED, FOR THE PARKLANDS DEVELOPMENT 'OF REGIONAL IMPACT ( -DW) BY PROVIDING FOR SECTION ONE:: AMENDMENTS TO •THE DEVELOPMENT ORDER INCLUDING AMENDMENTS TO THE FINDINGS OF FACT SECTION TO. REFLECT. CHANGES IN ACREAGES FOR VARIOUS COMPONENTS OF THE PROJECT AND REMOVAL OF CONVERSION TABLE;' REDUCING THE NUMBER OF DWELLING UNITS FROM. 1,603 TO 850; INCREASING THE PRESERVE AREA TO 341+/ - ACRES, DELETING GOLF COURSE AS A PERMITTED USE AND ADDING. A BUILDOUT DATE;. AMENDMENTS. TO THE CONCLUSIONS OF LAW SECTION AMENDING. THE FOLLOWING. SUBSECTIONS:' EDUCATION SUBSECTION TO. PROVIDE FOR DEDICATION INSTEAD .OF DONATION OF A SCHOOL STE; AMENDMENTS T0. FIRE PROTECTION SUBSECTION TO REMOVE REQUIREMENT OF FAIR SHARE CONTRIBUTION TO CAPITAL AND OPERATING EXPENSES AND REPLACE. WITH PAYMENT OF • IMPACT FEES; AMENDMENTS TO THE. FISCAL SUBSECTION �TO REMOVE THE REQUIREMENT THAT THE CONSTRUCTION OF A SEGMENT OF LOGAN BOULEVARD WILL BE AT NO COST TO THE COUNTY, AMENDMENTS, TO THE .TRANSPORTATION SUBSECTION TO .REFLECT REMOVAL OF PROPORTIONATE SHARE REQUIREMENTS FOR OFF -SITE ROAD SEGMENTS AND REMOVAL 'OF TRAFFIC MONITORING REPORT; REMOVAL OF. WASTEWATER MANAGEMENT SUBSECTION;. AMENDMENTS TO WATER SUPPLY SUBSECTION TO IDENTIFY WATER SUPPLY; AMENDMENT TO RE- NUMBER 'THE LEAPFROG DEVELOPMENT SUBSECTION; AMENDMENTS TO THE GENERAL CONSIDERATIONS SUBSECTION:TO MAKE MINOR LANGUAGE CHANGES AND CHANGE REPORTING TO BIENNIAI, REMOVAL-OF-THE WATER , MANAGEMENT SUBSECTION; REMOVAL OF., THE ENVIRONMENTAL CONSIDERATIONS SUBSECTION; REMOVAL OF .THE, TRANSPORTATION . 5UBSECTION; REMOVAL. OF THE UTILITIES SUBSECTION; REMOVAL OF THE MOSQUITO CONTROL .SUBSECTION; REMOVAL OF PARKS AND OPEN SPACE SUBSECTION; REMOVAL OF EXEMPTIONS TO SUBDIVISION REGULATIONS; SECTION TWO: FINDINGS OF FACT: EXTENDING. THE BUILDOUT DATE TO JANUARY 22, 2626; SECTION THREE: CONCLUSIONS OF LAW; SECTION FOUR: EFFECT OF PREVIOUSLY 'ISSUED DEVELOPMENT ORDERS AND TRANSMITTAL TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY; AND PROVIDING FOR AN 'EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED EAST 'OF QUAIL WEST AND SOUTH 'OF THE LEE - COLLIER LINE IN, SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST; COLDER COUNTY, .FLORIDA. (COMPANION TO: PUDA- PL2010000155,1: PARKLANDS PU D). Copies of the proposed Ordinance and Resolution are on.file with the Cierk'to the ..Board and are available for inspection. All interested parties are invited to attend and be heard NOTE: AIF persons wishing to speak on, any agenda item "must. register with the County administrator prior to-presentation of the agenda ..Ftem to be raddressed. : Individual speakers will be limited to 3 minutes.on any-,item. The selection . of an individual to speak on behalf of an 'organization or group is encouraged. If recognized by the Chairman, a spokesperson for group or organization may be allotted 10 mmutesto 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 Ease, written materials intended to be :considered by the Board shall be submitted to the appropriate County staff ai 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 riecides to 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 the. testimony and evidence upon which the appeal is based.. If you I ale a person with •a' disability who needs any aScommodatioh'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 Countyq Facilities Management Department, located at 3335 Tamiami Trail East, Building W, 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 COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK Rv: TPreta Cannon. Denuty Clerk'- �•� ' ' Packet Page -656- su - — No_195442� r