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Agenda 04/26/2011 Item # 7A 4/26/20111t.m 7.A.. r-'\ EXE~S~V This, it... l'OquirestQt.e:tparte ~isdosure ~ p~videdbyCom",~~,,,_bers' Should. h..ring be helcJOJ1thiSi~, a,lIpar1icipaats a..erequired to beswornilli~PIJOto..l052: OIde CypJ'e$S Development, LTJ).anG. Vita. Pilna,LLC, represented by~hris~of WaldNP .EqjneeriJ;ag, P.A.aDd Richard I). Yovanovich of ColemaD, Y ovaaovich .~,}t....,isrequestinga4:"" to the previQuslyapprov~ OldeCypress Develop~eut of RepoJ.lBllmpadDlU,iua.ceordancewitll Florida Statutes, SllbHdion 38CUl6(19). the prQposetimotlile8u.s wiJlacld.63.9 acres into the DR! bollndary, _.._MapS,aDd re..ove the 3.9 acre,.rk requireaentto ineo.-pora~tIlis change. TThe subject ,propertyCOJlSistjng ,of 602:1: acres is >loated , in SeeqoIas..l1 and 22" ~ 48 South, T~WDship 26 East, Collier County, Florida. (CompaBiODto lOOz..PL2910..t054 aIldPOOA- PUOlo..388) OB.fEWWE: To have the Board of County Comlllissioners {BCC) review sUiff's fimiirlg$ "and recomm~ndations along with the recommendations of the .Collier, Co~PlanningJ Cotmnission (CCPC) regarding, the above n;ferenced petition and renderadecisionreprding tmsPRl amendntent petition;. and ensure,tbe project is .in .hannony with all.t(1~'applicable codes and regulati(Jnsin order to eIl$ure that the comlllunity's interests are maintained. CONSQ!E~T1QNS: .1""'"'\ This.. O~I 'Resolution, proposes. to amend' the Development of ,Begional Impact ,,(I)RI) Oevelolltnent Order (1)0), in accordance with Florid(J Stat~,SuPsection asO.Q6(19). The proposed modificationswiU add 63.9 acres into the ORl bo~~aD1end,:M~H,8l)dpl'QPOses to remove the 3.9-acrepark requirement. FlSC~ ~A~T: The . County collects impact fees prior to the issuance ofbuildingpermit$ to, help., oft'~ the . impacts' of ~ht)ew development on public facilities. The$eimpact fees.-e ~ t() fund projectsjdentified in,the Capital Improvement Element .of tbe,GrowthManagementPlJ11 as needed to maintain adopted y:vel. of Service (LOS) for public ~lities. Ad<iitionally~in .otder to meet the requireme~tsot:concurrency management, the developer of every local devel()p~ order approved by Collier County is required to pay a portion oftpe ~mated T~tion . Impactf'ees associated with theproj~ct in accordance with Chapter 74 oftbe ConierC~ Code of Laws and Ordi~s. Other f~ cgllected.prior t() iss~ of ~builqing pennitiJl~lude buildingpennit review fees. Finally , additi(1)a1 revenue is generated byapplicatiQrl of ad valorem tax. rates, and that revenue is directly. related to.the value of the improvement$. PI~ . \ note .that impact fees and taxes. collected were. not included in the criteria use4.by staff and the Planning Commission to .analyZe this petition. . f'.., Packet Page -29- . 4/26120t1 Item 7.A. r"\ GRO'WTBMANAGEMENT PLAN (GMP) IMPACT: Comprehensive Planning Staff was not required to review this petition because the proposed action does not affect this project's original consistency determination as carried forward in the SRAA companion petition. ' COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC' heard this petition on February 17, 2011 and continued the petition hearing to March 17, 2011, and by a vote of 8 to 0, with Commissioner Ebert abstaining, recommended forwarding this petition to the Board of County Commissioners (BCC) with a recommendation of approval. 1 LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and is legally sufficient. Thisitem requires a minimum of four affirmativevotes-STW. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve. the request for DOA- PL20 1 0-1 052, Olde Cypress DRI, subject' to the. attached DRI Development Order Amendment r"\ and Resolution. i PREPARED BY: Kay Deselem, AICP, Principal Planner, ZOning Services Section, Land Development Services Department, Growth Management Diyision, Planning and Regulation Attachments: 1) Staff Reports 2) Application 3) Back-up information 4) Resolution I r"\ Packet Page -30- 4/26/20t11'em 7.A~ r"'. COLLIER. COUNTY Board of,County Commi$si..-s Item Humber: 7.A. \ Item Summary: This item' requires that ex parte disclosure beprovideQ\by~ommission members. Shouldahe~ringbehetdonthis item, aUpartictPintsarerequirecito,beswom in. DOA-PL201o-1052: Olde. Cypress Development, LTDa~(;j Vita Pima, LLC,....epresented. by Chris. Mitchell ofWakirop Engil"ieering,P.A.and Richa~dD. YovanovichofCpleman,Yovanovich It Koester, P.A., is requesting a change to the previouslyapprovedOldeCypr~ssDtvelopmentof RegipnallmpaaDRI,J"accordance with Florida Statutes, Subsection'380.06(19).Thepr01'Osed modifications will'add 63.9 acres. into the. DRI boundary,.~mend Mapfl,lInd remove the .3.9 acrep!1rk requirement to incorporate this change. The subject pro.rtyconsisting of60lt .acres is located in Sections 21 and 22, Range 48 South, Townsbip26 East, .CoIHer,County, Florida.. . {CompaniOntoPUDZ-PL201o-10S4.andPUDA..PL201CJ..388} M_i"lDate: 4/12/2011 '" Prepared By r'\ N8n'le: DeseienU<ay. Title:' Planner, Principal,Engineering & Envirolllllentai Ser 3/412011 3:09:16 PM ,. Appr()vedBy Name: PuigJudy Title: Operations At\f.dyst,.CDES Date: 3/21/2011 1:16:48 PM Name: LorenzWilIiam Title:. Director - CDESEngin~ngServices,CPmprehensive Date:3/22/20n 4:58:39 PM Name: BellowsRay Title: Mana.ger- Planning, Comprehensive Planning Date: 3/22/20116:26:54PM Name: FederNorman Title: Administrator - Growth Management Div,Transwrtati r---, Date: 3/23/2011 10:42:42 AM PacketPage-31- ( ~ ,.-....... r-., .r\. Name: WilliamsSteven Title: Assistant County Attorney,County Attorney Date: 3/23/2011 3:19:53 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 3/24/2011 9:21:03 AM Name:K1atzkowJeff Title: County Attorney, Date: 3/28/2011 12:04:03 PM Name: IsacksonMark . Title: Director-Corp Financial SJiQ, Mgmt Svs,CMO Date: 4/4/2011 11:52:00AM Name: OchsLeo Title: County Manager Date:4/4/20111:41:26.PM packetPctgf: -32- 4/26/2011 Item 1.A. ) 4/26/2011 Item 7.A. ---- eo'*-r eo-u:n~y ~ -... - DRI REVIEW MEMORANDUM To: Kay Deselem, AIcp, Principal Planner, Zoning Services Section From: Corby Schmidt, AIcp, Principal Planner, Comprehensive Planning Section Date: July 20, 2010 Subject: OIde Cpess Deu?loprrmt if Rejarnl Imrnd (DRD Redew PETITION NUMBER: DR!-PL2010-1052 PETITION NAME: The Olde Cypress Residential Planned Unit Developrn:nt (RPUD), as a Developrn:nt of Regional Impact (DR!) REQUEST: The Olde Cypress RPUD Development of Regional Impact (DR!) proposes to add approximately 65.3 acres of land to the existing 538.1-acre project, in accordance with the provisions of ~ Florida State StaMes and the Collier County Growth Managerrent Plan (GMP). No changes are proposed that V\Ould affect the total number of approved residential tmits, phasing. cornrrencerrent or build-out dates. The new acreage will be tmt of the companion Vita Tuscana PUD, Wille the existing acreage remains in the Olde Cypress PUD. LOCATION: The proposed, larger Development of Regional Impact (DR!) contains approximately 603.4 acres and is located on the north side of Immokalee Road (CR 846), east of its intersection with Olde Cypress Boulevard The property lies within the Urban Estates Planning CoIll1lll.1Ilityin Sections 21 and 22, Township 48 South, Range 26 East,in Collier County. COMPREHENSIVE PLANNING COMMENTS: The 65.3-acre subject property to be added to the Olde Cypress DR! has the future land use designations of Urban Mixed Use District, Urban Residential Subdistrict as depicted in the Fuhrre Land Use Map (FLUM:) of the Fuhrre Land Use Elerrent (FLUE). Approximately 46.6 acres of the subject site is derived from the former HD Developrn:nt PUD (now Vita Tuscana) with approval for 104 residential tmits. This portion is presently an undeveloped Residential Planned Unit Developrn:nt (RPUD). Another 18.7 acres presently outside either existing PUD V\Ould be incorporated in to the Olde Cypress DR!. This portion is presently undeveloped Rural/Agriculture District land ---- -1- Olde Cpre:o DR! Packet Page -33- 4/26/2011 Item 7.A. Total Land Area of 603.4 acres Developed Land .Area of 227.4 acres: ~ · "R", Residential Use Tracts of 184.2 acres -singl~family residences and multi-family residences, up to 1,100 du; apportioned to 491 SF (45%) and 609 MF (55%); an overall density of 2.4 cMelling tmits per acre. o · "C", Commercial Uses Tract of 12.5 acres - 165,000 sq. ft. colI'UreI'Cial space; · "ROW", Public Right-of-Way Tracts of 30.7 acres - IE xtendingOIde Cpess Baulemrd, wrthunrd from Immicabr Raul] Undeveloped Land .Area of 376 acres: · "P", Preserve Uses Tracts totaling 194.5 acres. · GC, Golf Course, lakes, driving range and clubhouse tracts totaling 181.5 acres. The table below illustrates the acreage figures, cMelling tmit counts and residential densities involved in each part of the project: Ttl ACs Ttl DUs Ttl Com'l ACs non-Com'l AC Gross Res'l Densitv Existing DRI 538.1 1,100 12.5 525.6 2.09 DUlAC Proposed DRI 603.4 1,100 12.5 590.9 1.86 DUlAC Olde Cypress PUD 538.1 942 12.5 525.6 1.79 DUlAC Vita Tuscana PUD 65.3 158 0.0 65.3 2.41 DUlAC ,.-....... Even with the acreage increase, no additional residential tmits are proposed for the larger DR!. Based upon the above analysis, Comprehensive Planning staff has determined the Olde Cypress DR! amendment can be found consistent with the Future Land Use Element of the Growth Management Plan, subject to the Olde Cypress PUD reducing its total approved dwelling units from 1,100 to 942, as shown in the table above. ONOTYVIEW cc: William Lorenz, PE Director, Land Developrrent Services Depart:rralt Ray Bellow:;, Planning Manager, Zoning Services Section Mike Bosi, AIcp, Comprehensive Planning Manager, Comprehensive Planning Section David V\eeks, AICP, Growth Management Manager, Comprehensive Planning Section Tony Russo, Jr., Senior Administrative Assistant, Public Utilities Planning & Project Management Dept. Chris D' Arco, Environrrental Specialist, Stonnwater & Environrrental Planning Section Mike Greene, Manager, Transportation Planning Section FLUE File 1:ICityview Documents21Comprhensive Planning Dept. Letters\Olde Cypress DRI-PUD\DOA-PL2010-1052 Olde Cypress DRl.docx ~ -2- OIde Cymss DR! Packet Page -34- 4/26/2011 Item 7.A. O/de Cypress DRl / PUD Unit Summary ~ Last Updated: 3/15/2010 Subdivision ~ Total Lots Built to Date % Strada Bella SF 18 17 940/0 Santorini SF 55 55 1000/0 Terramar SF 55 55 1000/0 Egret Cove SF 18 18 1000/0 Ibis Landing SF 55 55 1000/0 Santa Rosa SF 27 27 1000/0 Biscayne Place SF 8 8 1000/0 W oodsedge SF 130 125 960/0 Total SF Units 366 360 98% Subdivision ~ Total Units Built to Date % Fairway Preserve MF 264 264 1000/0 Amberton MF 312 132 420/0 ~ Total MF Units 576 396 69% ---- Packet Page -35- Olde Cypress DR! Total Proposed Units Total Units Built to Date 1100 756 Olde Cypress PUD MF Units SF Units Unallocated Total Units Existing 576 366 158 1100 HD Development RPUD SF Units Total Units Existing 71 71 Total DR! Units OIde Cypress PUD Vita Tuscana PUD Total Units Existing 1100 o 1100 Packet Page -36- Proposed 125 125 Proposed 942 125 1067 % 690/0 4/26/2011 Item 7.A. ~ ""......." ~ ---- ,--.. 4/26/2011 Item 7.A. Olde Cypress DRI Transportation Summary Packet Page -37- 4/26/2011 Item 7.A. '\ Co~T County ~ ~ COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW;COLLlERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX .. (239) 252-6358 APPLICATION FOR PUBLIC HEARING FOR o DRI Application for DevelopmentApproval. (DRI) [g! DRI Notice of Proposed Change (DOA) PROJECT NUMBER PROJECT NAME DATE PROCESSED [ DOA-PL2011).1052 REV:l OLOE CYPRESS DRI DATE: 6/11/10 Due: 7/2/10 J APPLICANT INFORMA rlON APPLlCANT(S) OLDE CYPRESS DEVELOPMENT. LTD AND VITA PIMA. LLC FIRM ADDRESS 2647 PROFESSIONAL CIRCLE CITY NAPLES STATE FL ZIP 34119 TELEPHONE # 239-592-7344 CELL # 239-280-6504 FAX # 239-592-7541 E-MAIL ADDRESS:KGELDER@STOCKDEVELOPMENT.COM Is the applicant the owner of the subject property? [g1 Yes 0 No Please provide the following information on separate sheets. o (a) If applicant is a land trust, so indicate and name beneficiaries. o (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders. [8] (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals. o (d) If applicant if an owner, indicate exactly as recorded, and list all other owners, if any. o (e) If applicant if a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. o (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address. ,,-..., ~ Packet Page -38- 4/26/2011 Item 7.A. ,---- Co~T County ~ COlliER COUNTY GOVERNMENT DEPT. OF ZONING & lAND DEVELOPMENT REVIEW WWW.COlLlERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252.2400 FAX (239) 252-6358 AGENT INFORMATION-' NAME OF AGENT CHRIS MITCHELL FIRM WALDROP ENGINEERING. P.A ADDRESS 28100 BONITA GRANDE DRIVE CITY BONITA SPRINGS STATE FL ZIP 34135 TELEPHONE # 239-405-7777 CELL # 239-682-2248 FAX # 239-405-7899 E-MAIL ADDRESS:CHRISM~WALDROPENGINEERING.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. . PROPERTY INFORMATION' '" ',,' "".,' --~.'. . ,.:.... ..,.' . C', .. " ~ Detailed leaal description of the property covered bv 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. SectionlTownship/Range 21 & 22148S/26E Lot: Block: Subdivision: OLDE CYPRESS Plat Book _ Page #: _ Property 1.0.#: See Attached Metes & Bounds Description: See Attached {.,~ ,tJJ-I "l Id,o Size of Droperty: _ ft. X _ ft. = Total Sq. Ft. _ Acres ~ ~ Address/aenerallocation of subiect DrODerty: Immokalee Road & Olde Cypress Boulevard 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). SectionlTownshipfRange 21148 8/26 E Lot: Block: Subdivision: Plat Book _ Page #: _ Property 1.0.#: See Attached Metes & Bounds Description: See attached. Packet Page -39- --.. 4/26/2011 Item 7.A. Co~ County - -- ~ f~ COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 DETAIL OF REQUEST Does the proposed action comply with the Collier County Growth Management Plan? ~ Ves 0 No If no, provide a written explanation. Has a public hearing been held on this property within the last year? DYes [8J No provide a written explanation of the hearing. If this is a NOpe application, has any portion of the DRI been [81 SOLD and/or 181 DEVELOPED? If so, please provide a written explanation. If this is a NOpe application please provide a list of all previous actions on the subject site, beginning with the original DRI/PUD approval and including all subsequent amendments. Include hearing number, hearing dates and a summary of the approved action. If 50, please Section 10.03.05.B.3 of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public 1"""""\ hearing advertising sign (s) immediately RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at its expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. ",-...., Packet Page -40- 4/26/2011 Item 7.A. ---- ~.. .:..... . .' QmKty ',-. ~.. '-l" '. ~,: COLUER COUNTY GOVERNMENT DEPT. OF ZONING & LANOPEVELOPWIENT ReVIEW WWW.COWERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPl..ES;FLORItlA' 34104 (2a9) 252-2400. FAX (239) 252-6358 .~f.FIDAVIT Well, VITA PIMA. LLC bein!;dirst duly'sworn, depose"a"nd say that wen afnlarErthe owners of tli~, property describe~ herein and ~jC?h is the subject matter of the proposed ~~ring; tt!a~ all the an$wers to th~ questio.ns in thi$. application, ,including th8:~isclosure of interest information;: . all sketches, data, and.other .supplementary matter attached tOdsild made a part of t~is ,application, are honest.an.d true.to: the bestof our.koowle~ge. and belief. We!:1 understand that , the. infonnationrequested on..this application ,must be ,.complete and accurate and that the content of this form. Whether'c.omputer.generated or County printed shellaot be altered. Pliblic hearings Will not be advertised until this application is deemed complete, and all required irifonnation has been submitted. c. :. ...,. ,,-.., As property owner WeJlfurther alJthor~e WALOORP ENGINEERING. P~A~and COLEMAN. YOVANOVICH& KOESTER. P.A. to actas-our/my representative in any matters regarding this Petition. . .. . ........ .. .. .. . . ~ignature of Property Owner BRIAN STOCK. MANAGER Typ~d or Pri'!.ted Name of Owner Typed or Printed Name of Owner , "" . Th~ foregQing ir:t$trumenf . was a~owfedged .cJUh,t? -: 201", by ,.: personaDy known :to me or has produced . :betore me thi$:;: · dir/f1Yi(~ fo PiG -:j. day of is ..., .;-- who - as idelitifjcatiori~' ---. DOA-P12010-1052 REV:1 OLOe CYPRESS ORI DATE: 6/11/10 Due: 7/2/10 . . . .$CD: "~:." 'ANGeLA L eoweN-= :. ~;.; . :: MY COMMISSION # 00877953 '. lft:'i;,'" EXPIRES Aprt110. 2013 State FIandao~tvi<;e,oorn County of Collier . Packet Page -41- 4/26/2011 Item 7.A. c&Cmmty '- :, ~ -:, ~ COLLIER COUNTY GOVERNMENT DEPT. OF. ZONING & LAND DEVELOPMENT REVIEW WWW~COLLlE~OV.NET 2800 NORTH HORSESHOE DRIVE NAPLE$, FLORIDA 34104 (239) 252.2~OFAX (23$) 252-$3513 AFFIDAVIT Well, OlDE CYPRESS DEVELOPMENT. l TO being firsf dulysWom, depOse and' say that well am/are the ownerS of the property described nereiliand which is the subject matter of the , proposed hearing; that all the answers t.o the questions in' this ,appliCation, including the disclosure of iriterest infonnation;all sketches, d~ta,and other supplementary matter attached ~o and made apart of this appUcation, are, honeSt and triJeto the best of our knowledge and belief. Well understand that the information requested on this application'mustbecompJete and.accurate.:and that the content of.this fonn,. Whether. computer generated or:County printed shall not be altered. Public hearings will not be advertised until this application is deemed cOmplete, 'and all required infonnation has been .submitted. " As property oWner weir furtheraUthonZe W ALDORP ENGINEERING. P.A:and COLEMAN. YOVANOVICH&KOESTER. P.A.1o actasour/my representative in any matters rega.~ing this Petition. . . ,. ".......", ~~ 8~IAN STOCK~ MANAGER Typed or Printed Name of Owner H '< . Typed or Printed Name of Owner Th~.. foreg()lng i~trument waSEickno~.~dged p~fore me .dlLn-L .:' 20'~,. by ~/ntJitJpb, personaUy known to me or has produced thj~ 1-' day of who.. is as identification:: DOA_PL2010-10S2 REV:1 OLOE CYPRESS DRI DATE: 6/11/10 Due: 7/2/10 r--... ../ Packet Page -42- 4/26/2011 Item 7.A. ---- .... . ." .."...... . . . . ' .Cd .CoK11tJ' ';, "".' ~., -,"; COlliER COUNTY GOVEgNMENT ; PEPT. OF:~ONIN~ & lANO.OEVELOPM'ENT REVtEW . ,.. WWW.COlLlERGOV.NET 2800 NORTH HORSESHOE DRIVE 'NAPLE$.,FLORfDA. 34104' , (2~9) 252.2400 FAX (239) 252-tl3~ AFFIDAVrr ---- Well, OLOE CYPRESS DEVELOPMENT. L TDbeing first dulyswom, depose and 'say that well am/are the"owne..s of the property:described tJerehiand whi~ is frie ~ubject, matter, of the proposed: hear:if:lg; that-call the answers to thequestions~n this.,applicatiGn, includ~ng the 'disclosure of interest infonnationi-all sketches, d$ta:,:'and i::)ther supplemen18ry mattei' attached to and ,rf:l,ade ~"p;art of this application, are honeSt ~nd tJiJe ~o the..best orour knowledge and belief. "We/I.u'nderstand'thatthe information .~quest~c:t:on this:app"catioJimust~e complete and. accurate . and that the content of this form, :Whether.eomputer generated or County printed shall not be altered. Public hearings will not be advertised .until this application is deemed oomplete,aoo all required information has been submitted. ..' ..' .. As property oWner Wejrfurthe(aUthorii~ WALDORP ENGINEERING. P~A.and COL.EMAN. YOV ANOVICH & KOESTER. P A. to act. as .our/my representative in any matters regarding this Petition~ '.:: "', ".,,' - .: . ,. ". .. .. Signature of Prop~ Own.er . -..-.. . BRIAN STOCK. MANA.GER Typed or Prif!led Name of Owner :. Typed or Printed Name of Owner, The.: ,foregoing iQ:s.trument was .'~cknowl~dged '.~fore ...me 014. J.1L . 20;.L-. bY' "BV/1ll1 8fD~ personally known 10 me or has produced: .".-.. .... thj!;... 1-:. day: of ....- who is ---- . as identificatiorL .#J~. : ~NGELA-L:iioWEN . ri.. ;;ff MY GOMMlsSlON # DDsn953 ..,." EXPIRES.Apri/10.2Q13 F_otaIy8ervlce.com .. ~ DOA-Pl201D-10S2 REV:1 OLDE CYPRESS DRI DATE: 6/11/10 Due: 7/2/10 Packet Page -43- 4/26/2011 Item 7.A. WALDROP ENGINEERING CML EN6INEER1N6 & LAND DEm..OPMENT CONSULTANTS .r"\ June 8,2010 Kay Deselem, AICP, Principal Planner Zoning & Land Development Review Depar1ment Community Development & Environmental Services 2800 North Horseshoe Drive Naples, Florida 34104 DOA.PLZ010-1052 REV:l OLOe CYPRESS DRI DATE: 6/11/10 Due: 7/2/10 Subject: Olde Cypress DR! DR! Notice of Proposed Change (DOA) Permit Application Dear Ms. Deselem: Enclosed for your review is the Application for Public Hearing for Olde Cypress DR!, 538+/- acre project located at the northeast intersection of the Olde Cypress BoulevardlImmokalee Road intersection in Naples, Florida. The purpose of the NOPC Application is to add approximately 65.3 acres to the DR!. The 65.3 acres is comprised of 46.6 acres from the RPUD Zoning District and 18.7 acres from the Agriculture Zoning District (submitted to Collier County for a PUDA rezone known as Vita Tuscana). The Vita Tuscana property is adjacent to the Olde Cypress PUDIDR! and is located in Section 21, Township 48 South, Range 26 East. The property is ~ also designated within the Urban Residential Subdistrict per the Collier County Future Land Use Map. BACKGROUND: Vita Tuscana RPUD, formerly know as lID Development RPUD, consists of 46.6 acres between OIde Cypress DRllPUD and Immakolee Road. There is approximately 18.7 acres of land between Olde Cypress DRIlPUD and Vita Tuscana that is currently zoned Agricultural and is not included in either PUD. Vita Pima, LLC purchased this property in February of20l0. Principals within Vita Pima, LLC have an ownership interest exceeding 25% in Olde Cypress Development, Ltd which is the developer of Olde Cypress DR!. Therefore, under the aggregation rule they are required to include this new land in the DR!. This application seeks to incorporate this property into the Olde Cypress DR!. THE REOUEST: Specifically, the request is to aggregate into the Olde Cypress DR! up to 125 single-family residential units and 33 multi-family units, and associated accessory uses, within the Vita Tuscana RPUD boundary. The overall unit allocation for Olde Cypress DR! will remain at 1,100 units. The aggregation will not add density or units to the DR!. The water and sewer for this project will be provided by Collier County Public Utilities through existing infrastructure serving Olde Cypress and/or Immokalee Road. TRANSPORTATION: Vita Tuscana RPUD will be accessed from Treeline Drive. Per discussion with Collier County Transportation Staff, Immokalee Road improvements (specifically the interstate interchange) are deemed complete and the roadway is functional as a six lane roadway. There are no expected impacts from. the development of Vita Tuscana RPUD as this RPUD is being incorporated into the Olde Cypress DR!. The overall DR! units will not be ,"""""'" J:\I9S-01 v... T.......\WordIPUDAa & DR! N01'CIOIde c_ DIU\OIdo c_ NOpe eo.... Letter.duo Packet Page -44- 4/26/2011 Item 7.A. ---- increased. Rather they will be re-allocated to reflect current and build-out conditions for the DR! to include Olde Cypress and Vita Tuscana. The only analysis required is the conversion of trips to reflect the.additional single family homes versus the estimated number provided in the original TIS. The calculation is attached and reflects the trip generation assumptions provided in the pre-application meeting with the Southwest Florida Regional Planning Council. CONCLUSION: In summary, we trust the proposed aggregation will be found consistent with the LDC and GMP. Per the Pre- Application Meeting NoteslMinutes, the following items are enclosed for your review: ~ 1. A check (#1508) in the amount of $8,725 for the DR! Notice of Proposed Change Application Fees; 2. Twelve (12) copies of the submittal cover letter detailing why the amendment is necessary; 3. Twelve (12) copies of the completed DRI Notice of Proposed Change Application; 4. Twelve (12) copies of the Pre-Application Meeting NoteslMinutes; 5. Twelve (12) copies of the DRI Conceptual Site Plan (24"x36" and one 8 W' x 11" 'copy); 6. One (1) copy of the DR! Conceptual Site Pla,n on COROM in JPG format; 7. Twelve (12) copies of the completed State NOPC Form; 8. Two (2) copies of the legal description; 9. Two (2) copies of the List of Owners of Corporation; 10. Two (2) copies of the Owner Affidavit signed & notarized; 11. Two (2) copies of the approved Addressing Checklist dated 03/08/1 0; 12. Two (2) copies of the Notices sent to DCA andRPC; 13. Four (4) copies of the Boundary Survey (signed and sealed); 14. Three (3) copies of the revised Traffic Impact Statement (TIS); 15. Two (2) copies of an email stating no methodology meeting required for the TIS; 16. One (1) copy of the TIS on CDROM; 17. Five (5) copies of the Aerial taken within previous 12 months (min. scaled 1" = 200') showing FLUCCS Codes, Legend and Project boundary; 18. Two (2) copies of an email detailing the fee calculation as determined by Collier County; 19. Two (2) copies of all other DR! ADA and Sufficiency responses on CDROM; 20. Two (2) copies of the entire submittal documents on CDROM Should you require additional information or have any questions, please feel free to contact my office. Very truly yours, WALDROP ENGINEERING, P.A. hristopher R. Mitchell, P.E. Director of Engineering Enclosures cc: Keith Gelder, Stock Development, w/enclosures Richard Y ovanovich, Coleman, Y ovanovich & Koester, w/enclosures ~ Packet Page -45- 4/26/2011 Item 7.A. WALDROP ENGINEERING CML ENGINEERING" lAND DEVElDPMENT CONSULTANTS ~ October 29, 2010 Kay Deselem, AICP, Principal Planner Zoning & Land Development Review Department Community Development & Environmental Services 2800 North Horseshoe Drive Naples, Florida 34104 OOA-Pl2010-10S2 REV:3 alOE CYPRESS DRI DATE: 11/2/10 DUE: 11/24/10 Subject: Olde Cypress DR! DR! Notice of Proposed Change (DOA) Permit Application Cover Letter Update Dear Ms. Deselem: Enclosed for your review is the Application for Public Hearing for Olde Cypress DR!, 538+/- acre project located at the northeast intersection of the Olde Cypress BoulevardlImmokalee Road intersection in Naples, Florida. The purpose of the NOPC Application is to add approximately 63.9 acres to the DR!. The 63.9 acres is comprised of 45.2 acres from the RPUD Zoning District and 18.7 acres from the Agriculture Zoning District (submitted to Collier County for a PUDA rezone known as HD Development RPUD). The lID Development r-... property is adjacent to the aIde Cypress PUDIDRI and is located in Section 21, Township 48 South, Range 26 East. The property is also designated within the Urban Residential Subdistrict per the Collier County Future Land Use Map. BACKGROUND: lID Development RPUD, consists of 46.6 acres between OIde Cypress DRIlPUD and Immakolee Road. There is approximately 18.7 acres of land between Olde Cypress DRI/PUD and lID Development RPUD that is currently zoned Agricultural and is not included in either PUD. Vita Pima, LLC purchased this property in February of 2010. Principals within Vita Pima, LLC have an ownership interest exceeding 25% in aide Cypress Development, Ltd which is the developer of OIde Cypress DRI. Therefore, under the aggregation rule they are required to include this new land in the DRI. This application seeks to incorporate this property into the Olde Cypress DR!. There is a portion of the lID Development RPUD that is not owned by Vita Pima, LLC and that 1.4 acres will not be incorporated into the Olde Cypress DR!. THE REOUEST: Specifically, the request is to aggregate into the OIde Cypress DR! up to 125 single-family residential and associated accessory uses, within the HD Development RPUD boundary. The overall unit allocation for aIde Cypress DRI will remain at 1,100 units. The aggregation will not add density or units to the DRl. The water and sewer for this project will be provided by Collier County Public Utilities through existing infrastructure serving Olde Cypress and/or hnmokalee Road. ~. 1:\195-41 V... TIIJCIIIIlIWonI\PUDAs" DIU NOPCIOhI. Cypress NOPCIJnlllIlnnittaIIIJp Olde C_ NOPe Ccwcr Loaor.dcc: Packet Page -46- 4/26/2011 Item 7.A. ---- TRANSPORTATION: lID Development RPUD will be accessed from Treeline Drive. Per discussion with Collier County Transportation Staff, Immokalee Road improvements (specifically the interstate interchange) are deemed complete and the roadway is functional as a six lane roadway. There are no expected impacts from the development of lID Development RPUD as this RPUD is being incorporated into the aIde Cypress DR!. The overall DR! units will not be increased. Rather they will be re-allocated to reflect current and build-out conditions for the DR! to include aide Cypress and HD Development. The only analysis required is the conversion of trips to reflect the additional single family homes versus the estimated number provided in the original TIS. The calculation is attached and reflects the trip generation assumptions provided in the pre- application meeting with the Southwest Florida Regional Planning Council. CONCLUSION: NOTE lHESE ITEMS WERE SUBMlTIED IN JUNE OF 2010 WITH THE ORIGINAL SUBMITfAL. ANY UPDATED ITEMS ARE LISTED IN THE RE-SUBMITIAL LEITER FOR TInS APPLICATION. In summary. we trust the proposed aggregation will be found consistent with the LDC and GMP. Per the Pre- Application Meeting NoteslMinutes, the following items are enclosed for your review: 1. A check (#1508) in the amount of$8,725 for the DR! Notice of Proposed Change Application Fees; 2. Twelve (12) copies of the submittal cover letter detailing why the amendment is necessary; ____ 3. Twelve (12) copies of the completed DRINotice of Proposed Change Application; 4. Twelve (12) copies of the Pre-Application Meeting Notes/Minutes; 5. Twelve (12) copies of the DR! Conceptual Site Plan (24"x36" and one 8 Yz" x 11" 'copy); 6. One (1) copy of the DR! Conceptual Site Plan on COROM in JPG format; 7. Twelve (12) copies of the completed State NOPC Form; 8. Two (2) copies of the legal description; 9. Two (2) copies of the List of Owners of Corporation; 10. Two (2) copies of the Owner Affidavit signed & notarized; 11. Two (2) copies of the approved Addressing Checklist dated 03/08/10; 12. Two (2) copies of the Notices sent to DCA and RPC; 13. Four (4) copies of the Boundary Survey (signed and sealed); 14. Three (3) copies of the revised Traffic Impact Statement (TIS); 15. Two (2) copies of an emaiJ stating no methodology meeting required for the TIS; 16. One (1) copy of the TIS on CDROM; 17. Five (5) copies of the Aerial taken within previous 12 months (min. scaled I" = 200') showing FLUCCS Codes, Legend and Project boundary; 18. Two (2) copies of an email detailing the fee calculation as determined by Collier County; 19. Two (2) copies of all other DR! ADA and Sufficiency responses on CDROM; 20. Two (2) copies of the entire submittal documents on CORaM. ,-. Packet Page -47- 4/26/2011 Item 7.A. ~ Should you require additional information or have any questions, please feel free to contact my office. Very truly yours, ~~G'M hri""'pber ~ M;"h.l~ P.E. Director of Engineering Enclosures cc: Keith Gelder, Stock Development, w/enclosures Richard Y ovanovich, Coleman, Y ovanovich & Koester, w/enclosures ~ .~ Packet Page -48- ~ ,,-., ---- 4/26/2011 Item 7.A. www.sunbiz.org - Department of State Page 10f2 Home Contact Us E-FlUng Services Document Searches Forms Help Previous on List Next on List Return To List ! Entity Name Search . . . I Submit.! Events No Name History . _two;: T ...~...._--~_. Detail by Entity Name Florida Limited Partnership OlDE CYPRESS DEVELOPMENT, lTD. Filing Information Document Number A98000002058 FEIJEIN Number 650867395 Date Filed 0910211998 StrtB FL S1atus ACTIVE Last Event AMENDMENT Event Date Filed 0212012003 Event Effective Date NONE Principal Address 2647 PROFESSIONAL CIRCLE SUITE 1201 NAPLES FL34119-8091 Changed 04/1912008 Mailing Address 2647 PROFESSIONAL CIRCLE SUITE 1201 NAPLES FL 34119-8091 Changed 04/1912008 Registered Agent Name & Address GOODLETTE COLEMAN JOHNSON ET AL 4001 TAMIAMI TRAIL NORTH SUITE 300 NAPLES FL 34103 US Name Changed: 04/1912008 Address Changed: 06/0212006 General Partner Detail Name & Address Document Number L01000011007 STOCK DEVELOPMENT, LLC 2647 PROFESSIONAL CIRCLE, SUITE 1201 NAPLES FL34119 Annual Reports DOA.PU010-10S2 REV:1 OLOE CYPRESS DRt DATE: 6/11/10 Due: 7/2/10 httn://www.sunbiz.orelscriotslcordet.exe?ac Packet Page -49-1 doc number=A980000020... 5/13/2010 www.sunbiz.org - Department of State 4/26/2011 Item 7.A. Page 2 of2 Report Year Flied Date 2008 04/1912008 2D09 04123/2009 2010 0412012010 Document Images 04/2012010 ANNUAL REPORT [ View i"1age in PDF format. ] 0412312009 ANNUAL REPORT [ View image in PDF format ] 04/19/2008 ANNUAL REPORT I VIeW image in PD'Fformat ] 0413012007 ANNUAL REPORT [ VieW iFrnige in PDF format ] 0610212006 ANNUAL REPORT [ View image in PDF format. ] 07/0212005 ANNUAL REPORT [ Vrew image in PDF foim.at ] 06/1712004 ANNUAL REPORT r Vrew image in POE format ] 0510812003 - ANNUAL REPORT [ VieW image in PDF format 1 0212012003 Amendment [ View image in PDF.format 1 04/2312002 ANNUAL REPORT [ View image in PDF fO'rrn.Elt J 05130/2001 - Merger L VieW image in PDF fOrmat ] 04/24/2001 - ANNUAL REPORT t View image in PDF fo""~ ] 05122/2000 ANNUAL REPORT [ View image In PDF format ] 09/18/1998 ANNUAL REPORT I View image in PDF format ] 09/02/1998 Domestic LP [ View imag~ in .PDF format ] I Note: This Is not official record. See documents If question or conflict I ~ - ...- - Previous on List Next on Ust Return To List l Entity Name Search I ~ No Name History I Submit .1 1---------- - ~- -...- p-_._--- I Home I Contact us I Document SearchE!s I E-Flllng Services I Forms J Help I Copyright and Privacy PoliCies Copyright e 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?acpack;t-Page -50- L.doc number=A980000020... 5/13/2010 r--... r--... ~ ---- ,.,.-..., ---- 4/26/2011 Item 7.A. www.sunbiz.org - Department of State Page 1 of2 . , ' F, O"ID" DI"I"~R'1"'1E"T 0-1.' ~'l""'-C; ~ .. A" L !\ _ ~ .J j... 2. 1"'. .. f',. 1 J ~....) . / C ~--JI -" ~ DI'nSIOl': or OI:rOR!lIIO\S c?/{/I!J;';:. <"', -. _-..~__ ,.-; .,c' --:- ------.... '1C:."I..'-....;r, ,- ~ .{..' J ,,__----..,:.--- -- ',. ~ -. - . 1 __ _ _ _~~ ~_ ~_ __ _ _ ___ ~__ _ ____ _ _ _ __ _ ~~~':. c' \~~,ili~ Home Contact Us E-Flllng services Document Searches Forms Help Previous on list Next on list Return To List I Entity Name Search ! . ... . .... I SUbinlt I ~ No Name History ___..._.....,..,.__-...1__--4.......... --~.....--""'-~_ ... .. Detail by Entity Name Florida Limited Liability Company STOCK DEVELOPMENT, LLC Filing Information Document Number L01000011007 FEIJEIN Number 593740488 Date Filed 07/0912001 State FL Status ACTIVE Last Event AMENDED AND RESTATED ARTICLES Event Date Flied 10/2712004 Event Effective Date NONE Principal Address 2647 PROFESSIONAL CIRCLE SUITE 1201 NAPLES FL 34119 Changed 01/1512008 Mailing Address 2647 PROFESSIONAL CIRCLE SUITE 1201 NAPLES FL 34119 Changed 01/1512008 Registered Agent Name & Address GOODLETTE COLEMAN JOHNSON YOVANOVlCH ET AL 4001 TAM lAM I TRAIL NORTH SUITE 300 NAPLES FL 34103 US Name Changed: 01/1512008 Address Changed: 0411912006 Manager/Member Detail Name & Address TrUe MGR STOCK, BRIAN K 2647 PROFESSIONAL CIRCLE, SUITE 1201 NAPLES FL 34119 TrUeVP http://www.sunbiz.orglscripts/cordetexe?ac' Packet Page -51- _doc_number=LOl0000110... 5/1312010 www.sunbiz.org - Department of State 4/26/2011 Item 7.A. Page 2 of2 IMIG, BOB 2647 PROFESSIONAL CIRCLE, SUITE 1201 NAPLES FL 34119 T1t1eVP KOCSES, CHAD 2647 PROFESSIONAL CIRCLE, SUITE 1201 NAPLES FL 34119 Annual Reports Report Year Flied Date 2008 0413012008 2009 04/23/2009 2010 0412012010 Document Images 0412012010 ANNUAL REPORT [ View image inPOF fonnat ] 0412312009 - ANNUAL REPORT [ VieViimage in POF fonnat ] 0413012008 - ANNUAL REPORT [ View imlilge inPDf folTllat 1 0111512008 - ANNUAL REPORT [ View image in POF fol'!11at ] 0413012007 - ANNUAL REPORT [ View image in POFformat ) 04/1912006 - ANNUAL REPORT l VieW itnage in POF fonn~t _ ] 0412912005 - ANNUAL REPORT l View image in pOF fonnat ] 10126/2004 - Amended and Restated Articles [ View imllge in pop format ] 04/3012004 - ANNUAL REPORT l View lmage.in POF fonnat ] 0412112003 - ANNUAL REPORT l View image in POF format 1 1211912002 - ANNUAL REPORT [ . .Viewimage.inPOF ~nnlilt ] 0412212002 - ANNUAL REPORT [ View image in POF format ] 0710912001 - Florida Umited Uabllltes [ VieW. image in POF format ] I Note: This is not official record. See documents If question or conflict. I ~ ........... ---.--~------....__..._-_......._,_.- Previous on List Next on List Return To List ! Entity Name Search I L--____..__: Events No Name History I Submit I ..~....___....,..~_.-.-v....__..___.-.*_...__....___.__.._____............. _....._...r ___. _,,_,,_.__~r,,_,-,,--__..........__.... I Home I Contact us I Document Searches I E-Fillng Services I Forms I Help I Copyright and Prlvacy Polldes Copyright @ 2007 State of Florida, Department of State. http://www.sunbiz.org/scriptslcordetexe?ac1packet Page -52- doc number=LOIOOOOIIO... 5/13/2010 ~ ~ ---- 4/26/2011 Item 7.A. ---- STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DMSION OF COMMUNITY PLANNING BUREAU OF LOCALPLANNrnG 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 850/488-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this foml. 1. I, Brian Stock, the undersigned owner/authorized representative of OIde Cypress Development, LTD & Vita Pima, LLC, hereby give notice of a proposed change to a (developer) ---- previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereot: I submit the following information concerning the Olde Cypress DRI (flkla The Woodlands DR!) development, which (original & current project names) information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to Collier County, (local government) to the Southwest Florida Regional Planning Council, and to the Bureau of Local Planning, Department of Community Affairs. 0/7/'0 . Date ,-... DOA-PL201o-10S2 REV:1 OLOe CYPRESS OR' DATE: 6/11110 Due: 712/10 Packet Page -53- 4/26/2011 Item 7.A. 2. Applicant (name, address, phone). .~ Olde Cypress Development, LTD 2647 Professional Circle, Suite 1201 Naples, Fl34119 Contact: Keith Gelder (239) 592-7344 Olde Cypress DRI DOA-PL201 0-1052 submittted: 1-12-11 (this page only) 3. Authorized Agent (name, address, phone). Waldrop Engineering, P.A. 28100 Bonita Grande Drive Bonita Springs, Fl 34135 Contact: Chris MitcheY (239) 405-7777 4. Location (City, County, Township/Range/Section) of approved DR! and proposed change. Olde Cypress Dri (FIK/A The Woodlands Drij Naples, Fl3.f103 Section 21 & 22/ Township .f8s / Range 26e 5. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such chan~es on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. .~ No changes are proposed to the phasing, commencement, or build-out dates. The developer proposes to add 63.88 acres to the existing DRl with no change in total number of approved units. The additional acreage is planned for residential development 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. Please See Attached 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DR! development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local govemnient adopted a new DR! development order for the project? There have been fzve (5) development order amendments adopted by Collier County since the original "The Woodlands DRU' development order (Ord. 86-1) was issued on November 6, 1986. The following is a description of the five (5) do amendments: ,,-......, Packet Page -54- 4/26/2011 Item 7.A. ,.-.., (1) Resolution (87-96) adopted April 28, 1987, amended section b(5)(a)(7) and (8), transportlltion, to clarify responsibilities of Collier County and the developer; amended section b(5)(b)(4), transportation conditions, clarifying and redefining criteria by which a substantial deviation shall be determined; (2) Resolution (87-207) adopted September 15,1987, amending section a(4),fmding offact, to state a maximum square footage of permitted commercial retail development and to increase the total acreage of preservation areas and to set forth a revised land use schedule that did not increase the total amount of acreage or dwelling units previously approved. The two (2) development order amendments described above were adopted by Collier County to resolve appeals of the of the original Woodland's DRl develompent order to the Florida Land and Water Adjudicatory Commission take by the Florida Department of Community Affairs and the Southwest Florida Regional Planning Council. The Woodland's DRI development order became effective on November 7, 1990, the date on which the Florida Land and Water Adjudicatory Comission issued itsfuuzl order of dismissal of the appeaL (3) Resolution (94-774) adopted November 1,1994, extended the woodland's DRl commencement date and the buildoutltermination date by four (4) years, eleven months (11) or until October 7, 2000 and October 7, 2015, respectively. CoOier County remains the local government with jurisdiction over all portions of the Olde Cypress DR!. ...-.... (4) On October 22, 1996, the BCe amended the development order with resolution (96-482) to reduce the number of dwelling unitsfrom 1,460 to 1,100 dwelling units and a reduction of the commercial use from 200,000 sf to 165,000 sf and miscellaneous changes to the plan resulting solely from permitting requirements of the South Florida Water Management. Also, the right- of-way reservation on the east side of the Woodlands was eliminated. Miscellaneous changes were also made to drainage/water quality, transportation, vegetation and wildlife, wetlands, consistency with the comprehensive plan and fU'e by the deletion thereof. (5) In December 1999, Resolution (99-472) 28.69 acres were added to the eastern edge of Olde Cypress in Section 22. Lands to be added. included a 2.1 acre archaelogical preserve area. Standards were also incorporated in the development order to provide protection for archaelogical resources. The gross density was also reducedfrom 2.2 to 2.1 dwelling units per acre. Minor adjustments in land use tabulations, along with other miscellll.neous changes were made to the development order to accommodate the notice of change. (6) Resolution (2000-155) adopted May 23,2000 added 9.3 acres to accommodate the addition of the golf course driving range. The request also included a modifzcation of the golf course/open space acreage from 161.7 to 168.3 acres, including lakes. The residential acreage was modifredfrom 152.5 acres to 155.2 acres. No changes to the number of dwelling units, commercialfloor area, phasing schedule, commencement date, or build-out date was requested. ..-.... Packet Page -55- 4/26/2011 Item 7.A. 8. Describe any lands purchased or optioned within 1/4 mile of the original DR! site subsequent to the original approval or issuance of the DR! development order. Identify such land., its size, intended use, and adjacent non-project land uses within Y2 mile on a project master site plan or other map. "........., Ylttl Pima, LLC recently purchased 65.29 acres directly adjacent (south) of the Olde Cypress DRI. The easterly 46.64 acre parcel is an existing RPUD (HD Development Ordinance #05-65). The westerly 18.65 acres is currently zoned agriculturaL "Vita Pima, LLC hasfiled a concurrent PUD Amendment application with Collier County to rezone the entire 65.29 acres to RPUD. 9. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(l9)(b), Florida Statutes. The proposed change is less than 40% of any of the criteritz listed in 380(I9)(b), F.S. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. YES NO x 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. No changes to buildout dates or phasing are proposed. 11. Will the proposed change require an amendment to the local government comprehensive plan? "........., The proposed change wiU not require any comprehensive plan changes. Provide the following for incOIporation into such an amended development order, pursuant to Subsections 380.06 (15), F.S., and 9J-2.025, Florida Administrative Code: 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DR! or development order conditions. Attached. a. All proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change ofland use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; 13. Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: See attached Proposed Master Plan, Map H and Proposed changes to the CoWer County Development Order. ".-.... Packet Page -56- 4/26/2011 Item 7.A. ~ b. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approyt:d plan of development; See attached legal description of the property to be attached to the Development Order. c. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; No change. d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; No change. e. A proposed amended development order date until which the local government agrees that the changes to the DR! shall not be subject to down-zoning, unit density reduction, or intensity reduction, if applicable; and No change. ---- f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025 (7), F.A.C. No change. ---- Packet Page -57- ~ u ~Z; ~o ;Z;E: B~ a~ tl:2r;;;'l o~ ~r;;;'l ~~ ~;z; lirotS o~ ~s: g::r;;;'l o~ ~3 ....~ ~;z; < ~ l"-l ~ l"-l 4/26/2011 Item 7.A. r".. 10 ~ 0 ~ v ..-.. 0\ 0 o ~ ~ ..... 0\ 0: ~ 0 c- oo I N ..... 0 ac($ 0 0 o ~ ~ 'E ~ -d ... t.s Po. 0 ... 0 0 \0 V 0 0 ~ 0 0\ 0 N ~ -A N co ll'i 00 ..... LO \0 <il - ..... .~ .tl 0 j 0 ..... 0\ 0 0 0 0\ 0 N "'l -A V \0 .."f t:l.. ..... ..... co co "'tl ...... ..... V ftl 0 c.. E Po. VA ~ .~ .~ ., ., 'E '" ~ u t ~ ., .... 8 1:1 !l v ~ 0 ~ .~ co l "'~ -B ~ ...c: t.s 'Jj ~ p... p... . .... ~ u c.. ~ ~ a 0 '" 5 bO ..e v 1 'p ] a 0 ~ ~ .9 ~ ~ ;0 v 'p CIl col ~]] 0 1 0 g.. ~ v U '" 'Jj s 'p a ~ !l ~ to:l j ~ ~"t~ v v col ~ t.s ...... 0 41 0 ~~ u U u 0 u ... v ~.p - 0 ~ ..9 ~ ...... ...... - d ~ v d 0 ~a:l 0 t 0 v ~ ~ .... 0 u 0 U ::J:t: f-<v.i~ ::J:t: <~ .... ::J:t: <: ..... tI) tI) 't:l a 'U)' to:l 0 '"0 u ~t2! 41 ~ El '" 0 ~ '" 1 41 '" 41 ~ g ] U <il 'E ....:l a B 0 ...... 5 0 tI) t.s g 0 "'tl a a . ..... II) I ~ '" c..~ ;:: ~ o.......g r".. ,,-.... Packet Page -58- 4/26/2011 Item 7.A. ~ Olde Cypress DR! / PUD Unit Summary Last Updated: 3/15/2010 Subdivision ~ Total Lots Built to Date % Strada. Bella SF 18 17 94% Santorini SF 55 55 100% Terramar SF 55 55 100% Egret Cove SF 18 18 100% Ibis Landing SF 55. 55 100% Santa Rosa SF 27 27 100% Biscayne Place SF g 8 100% Woodsedge SF 130 125 96% Total SF Units 366. 360 98% Subdivision ~ Total Uriits Built to Date % Fairway Preserve MF 264 264 100% Amberton MF 312 . 132 42% ~ Total MF Units 576 396 69% ~ Olde Cypress DRI DOA-PL201 0-1 052 email submittal 12/6/1 0 Packet Page -59- 4/26/2011 Item 7.A. "-.,, OIde Cypress DR! Total Proposed Units Total Units Built to Date %. 1100 756 69% OIde Cypress PUD MF Units SF Units Unallocated Total Units Existing 576 366. 158 1100 HD Development RPUD SF Units Total Units Existing 71 71 Proposed 125 125 Total DR! Units Existing Pro.,posed r". OIde Cypress PUD 1100 942 Vita Tuscana PUD 0 125 Total Units 1100 1067 Olde Cypress DRI DOA-PL201 0-1 052 email submittal 12/6/1 0 ~. Packet Page -60- 4/26/2011 Item 7.A. ---- aide Cypress DR! Transportation Summary ExistiQg Unit Mix PM Peak Total ~ ~ Hour Trips ~ SF 296 1.0 296 MF 804 0.5 402 Total 1100 698 Proposed Unit Mix PM Peak Total ~ ~ Hour Trips ~ SF 491 1.0 491 MF 576 0.5. 288 ~ Total 1067 779 I % ChaO.ge in Total Trips 10.40%1 ---- Olde Cypress DRI DOA-PL201 0-1 052 amail submittal 12/6/1 0 Packet Page -61- 4/26/2011 Item 7.A. ~ HD Development RPUD Big Cypress Fox Squirrel Management Plan The Big Cypress fox squirrel (Sciurus niger avicennia) is a large tree squirrel that nests in pine, cypress, and melaleuca trees in southwest Florida. Forested areas with relatively open shrub and ground cover stratum are preferred habitat. No Big Cypress fox squirrel nests have been observed on the 18.7i: acres of undeveloped land in the western portion of the HD Development RPUD. Potential Big Cypress fox squirrel nests have been previously reported in the general vicinity of the HD Development RPUD. Prior to clearing the 18.7:t acres of undeveloped land, a qualified biologist will survey the construction limits for the presence of Big Cypress fox squirrels or their nests. Any potential nests will be monitored to determine if they are currently being utilized by Big Cypress fox squirrels. Nests found to be utilized by a Big Cypress fox squirrel will be temporarily protected from clearing by a 125-foot-radius undisturbed buffer until any juvenile squirrels have vacated the nest(s). These nests will be removed, outside of the nesting season, once the absence of young fox squirrels within the nests is confirmed by a qualified biologist. The nesting season is February 1s1 to May 30th, Any required authorization from the Florida Fish and Wildlife Conservation Commission (FWC) will be obtained prior to removing the nest tree(s). The HD Development RPUD has already implemented a management plan for the 16.2:t: acre on-site and 20.0i: acre off-site preserves which includes enhancement of potential Big Cypress fox squirrel habitat. This consists of the treatment of exotics from 34.9i: acres of wetlands and 1.3i: acres of uplands. The enhancement of these lands has significantly increased their value as potential Big Cypress fox squirrel habitat. ~ DOA-PL2010-1052 REV:3 OLDE CYPRESS DRI DATE: 11/2/10 DUE: 11/24/10 W:\STOCK-5\BCFS Mang Plan HD.Docx .---..... Packet Page -62- 4/26/2011 Item 7.A. ~ Rhodes & Rhodes Land Surveying, Ine. 28100 Bmdta Gruule Drive, Suite 107, Bonita Springs, FJmid& 8U35 Phone (239) 405-8166 Fa.x (239) 405-8163 DESCRIPTION OF A PARCEL OF LAND LYING IN SECTIONS 21 & 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA A PORTION OF SECTIONS 21 AND 22, TOWNSIllP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTIlWEST CORNER OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: THENCE RUN N.00059'51 "W. ALONG THE WEST LINE OF SAID SECTION 21, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.Ooo59'51 "W. ALONG THE WEST LINE OF SECTION 21 A DISTANCE OF 2560.17 FEET TO THE WEST ONE-QUARTER CORNER OF SAID SECTION 21; THENCE RUN N.Ol oOO'08"W., ALONG THE WEST LINE OF SAID SECTION 21, FOR A DISTANCE OF 2659.99 FEET TO THE NORTHWEST CORNER OF SAID SECTION 21; THENCE RUN N.89004'49"E., ALONG THE NORTH LINE OF SAID SECTION 21 A DISTANCE OF 2645.04 FEET TO THE NORTH ONE-QUARTER CORNER OF SAID SECTION 21; THENCE RUN N.89004'26"E., ALONG THE NORTIl LINE OF SAID SECTION 21, FOR A DISTANCE OF 2644.36 FEET TO THE NORTHEAST CORNER OF SAID SECTION 21; THENCE RUN S.Ooo55'09"E., ALONG THE EAST LINE OF SAID SECTION 21, FOR A DISTANCE OF 2663.26 FEET TO THE EAST ONE-QUARTER CORNER OF SAID SECTION 21; THENCE RUN S.00055'37''E., ALONG TIIE EAST LINE OF SAID SECTION 21, FOR A DISTANCE OF 666.00 FEET TO THE NORTHWEST CORNER OF AMBERTON, A CONDOMll'lIUM, ACCORDING TO ---- THE DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 4278 AT PAGE 3396 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89006'04"E., ALONG THE NORTII LINE OF SAID CONDOMINIUM FOR A DISTANCE OF 656.66 FEET; THENCE RUN S.Ol oOI'19"E. FOR A DISTANCE OF 1898.09 FEET TO THE NORTH RIGHT -OF- WAY LINE OF THE COCOHATCHEE CANAL (100 FEET WIDE)AS RECORDED IN DEED BOOK 43, PAGE 251 OF SAID PUBLIC RECORDS; THENCE RUN S.89009'07"W., ALONG SAID NORTH RIGHT-OF-WAY LINE, FOR A DISTANCE OF 659.81 FEET TO THE EAST LINE OF SAID SECTION 21; THENCE RUN S.89009'28"W., ALONG SAID NORTH RIGHT-OF-WAY, FORA DISTANCE OF 660.31 FEET TO THE SOUTHWEST CORNER OF FAIRWAY PRESERVE AT OLDE CYPRESS, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 3866 AT PAGE 4006 OF SAID PUBLIC RECORDS AND TO THE EAST LINE OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 4079 AT PAGE 1265 OF SAID PUBLIC RECORDS; THENCE RUN N.00056'04"W., ALONG THE WEST LINE OF SAID CONDOMINIUM AND EAST LINE OF SAID PARCEL, FOR A DlST ANCE OF 1231.49 FEET TO THE NORTHEAST CORNER OF SAID PARCEL; TIIENCE RUN S.89008'07"W., ALONG THE NORTII LINE OF SAID PARCEL AND THE NORTH LINE OF A PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4079 AT PAGE 1259 OF SAID PUBLIC RECORDS, FOR A DISTANCE OF 660.47 FEET TO THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4079 AT PAGE 1259 OF SAID PUBLIC RECORDS; THENCE RUN S.00056'31 "E., ALONG THE WEST LINE OF SAID PARCEL, FOR A DISTANCE OF 1231.23 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL AND TO THE NORTH RIGHT-OF-WAY LINE OF THE AFORESAID COCOHATCHEE CANAL; THENCE RUN S.89009'28"W., ALONG SAID NORTH RIGHT-OF-WAY LINE, FORA DISTANCE OF 990.47 FEET TO THE EAST LINE A PARCEL OF LAND DESCRIBED IN SHEET 1 OF Z ---- DOA-PU010-10S2 REV:3 OLDE CYPRESS DRI DATE: 11/2/10 DUE: 11/24/10 Packet Page -63- 4/26/2011 Item 7.A. Rhodes & Rhodes Land S1ll'Veying, Ine. 28100 Bonita GDDde Drive, Suite 107, Bonita. Springs, Florida. 3fi35 Plume (239) 400-81fi6 Fax (239) 405-8163 OFFICIAL RECORDS BOOK 3579 AT PAGE 3894 OF SAID PUBLIC RECORDS; THENCE N.Oo057'12"W., ALONG SAID EAST LINE, FORA DISTANCE OF 224.51 FEET TO THE NORTHERLY LINE OF SAID PARCEL; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL THE FOLLOWING THIRTEEN (13) COURSES: (1) THENCE S.65"23'20"W., FOR A DISTANCE OF 43.57 FEET; (2) THENCE S.78026'13"W., FORA DISTANCE OF 61.22 FEET; (3) THENCE S.80004'25"W., FORA DISTANCE OF 45.57 FEET; (4) THENCE S.84027'31 "W., FORA DISTANCE OF 31.15 FEET; (5) THENCE S.80009'47"W., FORA DISTANCE OF 30.89 FEET; (6) THENCE S.58048'23"W., FORA DISTANCE OF 24.42 FEET; (7) THENCE S.54027'05"W., FORA DISTANCE OF 36.02 FEET; (8) THENCE S.40025'12"W., FOR A DISTANCE OF 33.11 FEET; (9) TIIENCE S.47057'45"W., FOR A DISTANCE OF 62.74 FEET; (10) THENCE S.50021'05"W., FOR A DISTANCE OF 49.97 FEET; (11) THENCE S.68022'05"W., FOR A DISTANCE OF 37.47 FEET; (12) THENCE S.42018'38"W., FOR A DISTANCE OF 39.61 FEET; (13) THENCE S.56049'27"W., FORA DISTANCE OF 15.80 FEET TO THE AFORESAID NORTHERLY RIGHT-OF-WAY LINE OF A 100 FEET WIDE DRAINAGE CANAL; THENCE RUN S.89008'23 "W., ALONG SAID NORTII RIGHT- OF-WAY LINE, FORA DISTANCE OF 2528.93 FEET TO THE POINT OF BEGINNING. r-.... LESS THE FOLLOWING DESCRIBED PARCEL: DA VINCI ESTATES AT OLDE CYPRESS, A SUBDMSION RECORDED IN PLAT BOOK 35 AT PAGES 33 THROUGH 37, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND ALSO BEING DESCRIBED AS FOLLOWS: A PORTION OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BE~G MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 48 SOUm, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: THENCE RUN N .00059'51 "W. ALONG THE WEST LINE OF SAID SECTION 21, FOR A DISTANCE OF 100.00 FEET POINT OF BEGINNlNG OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.00059'S 1 "W. ALONG THE WEST LINE OF SECTION 21, FOR A DISTANCE OF 2560.17 FEET TO THE WEST ONE- QUARTER CORNER OF SAID SECTION 21; THENCE RUN N.89006'45 liE., ALONG THE SOUTH LINE OF THE NORTIIWEST ONE-QUARTER OF SAID SECTION 21, FOR A DISTANCE OF 660.99 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; TIIENCE RUN N.D1 oOO'Ol"W., ALONG THE WEST LINE OF SAID DA VINCI SUBDMSION, FOR A DISTANCE OF 1330.06 FEET; THENCE RUN N.8900S'40"E., ALONG THE NORTII LINE OF SAID DA VINCI SUBDNISION, FOR A DISTANCE OF 1321.51 FEET; THENCE RUN S.Oo058'40"E., ALONG THE EAST LINE OF SAID DA VlNICI SUBDNISION, FOR A DISTANCE OF 1330.47 FEET; TIIENCE RUN S.89006'4S"W., ALONG THE SOUTH LINE OF SAID DA VINCI SUBDMSION, FOR A DISTANCE OF 1320.99 FEET TO THE POINT OF BEGINNING. PARCEL AS DESCRIBED CONTAINS 602.04 ACRES, MORE OR LESS. ~ SHEET 2 OF 2 ~ Packet Page -64- ..-... Property Folio Numbers: 00186000005 00186760002 00185880006 00186560008 00186600007 00186760109 00186520006 ,,-..,. .-.. OLDE CYPRESS DRI HD DEVELOPMENT FOLIO NUMBERS 4/26/2011 Item 7.A. DOA-Pl201D-1052 REV:3 OLOE CYPRESS DRI DATE: 11/2/10 DUE: 11/24/10 J:\19S-01 Vila TUSC8Da\Word\PUDAs &. DR! NOPClOlde Cypn:ss NOPC\3rd submittal\Oldc Cypress DR! HD Development Folio Numbers.doc Packet Page -65- OLDE CYPRESS DRI FOLIO NUMBERS Folio # Street # Street Name 2]990005929 8] ]6 DREAM CATCHER CIR 2]990005945 8116 DREAM CATCHER CIR 2]99000596] 8116 DREAM CATCHER CIR 2]990005987 8116 DREAM CATCHER CIR. 21990006009 8116 DREAM CATCHER CIR 21990006025 8116 DREAM CATCHER CIR. 21990006041 8116 DREAM CATCHER CIR 2]990003620 8117 DREAM CATCHER CIR 21990003646 8117 DREAM CATCHER CIR 21990003662 8117 DREAM CATCHER CIR 2]990003688 8117 DREAM CATCHER CIR. 21990003701 8117 DREAM CATCHER CIR. 21990003727 8117 DREAM CATCHER CIR. 21990003743 8117 DREAM CATCHER CIR. 21990003769 8117 DREAM CATCHER CIR. 21990006067 8120 DREAM CATCHER CIR. 21990006083 8120 DREAM CATCHER CIR. 21990006106 8120 DREAM CATCHER CIR. 21990006122 8120 DREAM CATCHER CIR. 2]990006148 8120 DREAM CATCHER CIR 21990006164 8120 DREAM CATCHER CIR. 21990006180 8120 DREAM CATCHER CIR 21990006203 8120 DREAM CATCHER CIR. 21990006229 8120 DREAM CATCHER CIR. 21990006245 8120 DREAM CATCHER CIR 68391446108 7740 PRESERVE LN 68391446205 7755 PRESERVE LN 68391446166 7770 PRESERVE LN 68391446085 7774 PRESERVE LN 68391446182 7775 PRESERVE LN 68391446027 No Site Address Packet Page -66- 4/26/2011 Item 7.A. .~ ~ ~ ~ ---- OLDE CYPRESS DR! FOLIO NUMBERS Folio # Street # Street Name 21990005107 8094 DREAM CATCHER CIR 21990005123 8094 DREAM CATCHER CIR 21990005149 8094 DREAM CATCHER. CIR 21990005165 8094 DREAM CATCHER CIR 21990005181 8094 DREAM CATCHER CIR 21990005204 8094 DREAM CATCHER. CIR 21990005220 8094 DREAM CATCHER. CIR 21990005246 8094 DREAM CATCHER CIR 21990005262 8098 DREAM CATCHER CIR 21990005288 8098 DREAM CATCHER CIR 21990005301 8098 DREAM CATCHER CIR 21990005327 8098 DREAM CATCHER CIR 21990005343 8098 DREAM CATCHER. CIR 21990005369 8098 DREAM CATCHERCIR 21990005385 8102 DREAM CATCHER CIR 21990005408 8102 DREAM CATCHER CIR 21990005424 8102 DREAM CATCHER CIR 21990005440 8102 DREAM CATCHER CIR 21990005466 8102 DREAM CATCHER CIR 21990005482 8102 DREAM CATCHER CIR 21990005505 8102 DREAM CATCHER CIR 21990005521 8102 DREAM CATCHER CIR 21990005547 8106 DREAM CATCHER CIR 21990005563 8106 DREAM CATCHER CIR. 21990005589 8106 DREAM CATCHER CIR. 21990005602 8106 DREAM CATCHER CIR 21990005628 8106 DREAM CATCHER CIR 21990005644 8106 DREAM CATCHER CIR 21990005660 8106 DREAM CATCHER CIR 21990005686 8106 DREAM CATCHER CIR 21990005709 8106 DREAM CATCHER CIR 21990005725 8106 DREAM CATCHER CIR 21990005741 8110 DREAM CATCHER CIR 21990005767 8110 DREAM CATCHER CIR 21990005783 8110 DREAM CATCHER CIR. 21990005806 8110 DREAM CATCHER CIR. 21990005822 8110 DREAM CATCHER CIR 21990005848 8110 DREAM CATCHER CIR 21990005864 8110 DREAM CATCHER CIR 21990005880 8110 DREAM CATCHER CIR 21990003785 8113 DREAM CATCHER CIR 21990003808 8113 DREAM CATCHER CIR 21990003824 8113 DREAM CATCHER CIR 21990003840 8113 DREAM CATCHER CIR 21990003866 8113 DREAM CATCHER CIR. 21990003882 8113 DREAM CATCHER CIR. 21990003905 8113 DREAM CATCHER CIR 21990003921 8113 DREAM CATCHER CIR 21990005903 8116 DREAM CATCHER CIR ---- Packet Page -67- 4/26/2011 Item 7.A. OLDE CYPRESS DR! FOLIO NUMBERS Folio # Street.# Street Name 21990003604 8076 DREAM CATCHER CIR 21990004506 8079 DREAM CATCHER CIR 21990004522 8079 DREAM CATCHER CIR 21990004564 8079 DREAM CATCHER CIR 21990004580 8079 DREAM CATCHER CIR 21990004603 8079 DREAM CATCHER CIR 21990004629 8079 DREAM CATCHER CIR 21990004645 8079 DREAM CATCHER CIR 21990004548 8079 DREAM CATCHER. CIR 21990004467 8083 DREAM CATCHER CIR 21990004483 S083 DREAM CATCHER CIR 21990004302 8083 DREAM CATCHER CIR 21990004328 80S3 DREAM CATCHER CIR 21990004344 8083 DREAM CATCHER CIR 21990004360 S083 DREAM CATCHER CIR 21990004386 S083 DREAM CATCHER CIR 21990004409 8083 DREAM CATCHER CIR 21990004425 8083 DREAM CATCHER CIR 21990004441 8083 DREAM CATCHER CIR. 219900048S1 8086 DREAM CATCHER ClR 21990004904 8086 DREAM CATCHER CIR 21990004920 8086 DREAM CATCHER CIR 21990004946 8086 DREAM CATCHER CIR 21990004962 8086 DREAM CATCHERCIR. 21990004865 S086 DREAM CATCHER CIR. 21990004140 8087 DREAM CATCHER CIR 21990004166 80S7 DREAM CATCHER CIR 21990004182 8087 DREAM CATCHER CIR 21990004205 8087 DREAM CATCHER CIR 21990004221 8087 DREAM CATCHER CIR 21990004247 8087 DREAM CATCHER CIR 21990004263 8087 DREAM CATCHER CIR 21990004289 8087 DREAM CATCHER CIR 21990004988 8090 DREAM CATCHERCIR 21990005000 8090 DREAM CATCHER CIR. 21990005026 8090 DREAM CATCHER CIR 21990005042 8090 DREAM CATCHER CIR 21990005068 8090 DREAM CATCHER ClR 21990005084 8090 DREAM CATCHER CIR 21990003947 8093 DREAM CATCHER CIR 21990003963 8093 DREAM CATCHER ClR 21990003989 8093 DREAM CATCHER CIR 21990004001 8093 DREAM CATCHER CIR 21990004027 8093 DREAM CATCHER CIR. 21990004043 8093 DREAM CATCHER CIR. 21990004069 8093 DREAM CATCHER CIR 21990004085 8093 DREAM CATCHER CIR 21990004108 8093 DREAM CATCHER CIR 21990004124 8093 DREAM CATCHER CIR Packet Page -68- 4/26/2011 Item 7.A. ~ ~ ~ ~ ---- OLDE CYPRESS DR! FOLIO NUMBERS h"" Folio.# """" " "" Street#"" .. Street Name"'"""h 32382104867 7985 PRESERVE em 32382105060 7985 PRESERVE CIR. 32382104980 7985 PRESERVE CIR. 32382104825 7985 PRESERVE CIR. 32382105125 7985 PRESERVE em 32382105044 7985 PRESERVE CIR. 32382105002 7985 PRESERVE CIR. 32382105028 7985 PRESERVE ClR 32382105141 7985 PRESERVE ClR 32382105086 7985 PRESERVE CIR. 32382105109 7985 PRESERVE CIR. 32382105206 7985 PRESERVE CIR. 32382105264 7985 PRESERVE CIR. 32382104883 7985 PRESERVE CIR 32382104906 7985 PRESERVE CIR. 32382104922 7985 PRESERVE CIR 32382105248 7985 PRESERVE CIR 32382104964 7985 PRESERVE CIR 32382105222 7985 PRESERVE CIR 32382104948 7985 PRESERVE Cm. 32382105167 7985 PRESERVE Cm. 32382104841 7985 PRESERVE ClR 21990003264 8070 DREAM CATCHER CIR. 21990003280 8070 DREAM CATCHER CIR. 21990003303 8070 DREAM CATCHER CIR 21990003329 8070 DREAM CATCHER em. 21990003345 8070 DREAM CATCHER CIR. 21990003361 8070 DREAM CATCHER CIR. 21990003387 8070 DREAM CATCHER CIR 21990003400 8070 DREAM CATCHER em 21990004661 8071 DREAM CATCHER CIR 21990004687 8071 DREAM CATCHER CIR 21990004700 8071 DREAM CATCHER CIR. 21990004726 8071 DREAM CATCHER CIR 21990004742 8071 DREAM CATCHER CIR 21990004768 8071 DREAM CATCHER CIR 21990004784 8071 DREAM CATCHER CIR 21990004807 8071 DREAM CATCHER CIR 21990004823 8071 DREAM CATCHER CIR 21990004849 8071 DREAM CATCHER CIR 21990003426 8076 DREAM CATCHER CIR. 21990003442 8076 DREAM CATCHER em. 21990003468 8076 DREAM CATCHER CIR. 21990003484 8076 DREAM CATCHER CIR. 21990003507 8076 DREAM CATCHER CIR. 21990003523 8076 DREAM CATCHER CIR. 21990003549 8076 DREAM CATCHER CIR 21990003565 8076 DREAM CATCHER CIR 21990003581 8076 DREAM"CATCHER CIR .-.... Packet Page -69- 4/26/2011 Item 7.A. OLDE CYPRESS DR! FOLIO NUMBERS Folio # Street # Street Name 32382]03282 7965 PRESERVE CIR 3238210332] 7965 PRESERVE CIR. 32382]03266 7965 PRESERVE CIR 32382]03020 7965 PRESERVE CIR 32382]02908 7965 PRESERVE CIR 32382102924 7965 PRESERVE CIR. 32382103]69 7965 PRESERVE CIR 32382]03062 7965 PRESERVE CIR 32382]03240 7965 PRESERVE CIR 32382103305 7965 PRESERVE CIR 32382102982 7965 PRESERVE CIR 32382]03004 7965 PRESERVE CIR 32382103101 7965 PRESERVE CIR. 32382]03224 7965 PRESERVE CIR 32382]02940 7965 PRESERVE CIR 32382103046 7965 PRESERVE CIR 32382103185 7965 PRESERVE CIR 32382103363 7965 PRESERVE CIR. 32382]03143 7965 PRESERVE CIR 32382]03127 7965 PRESERVE CIR 32382103347 7965 PRESERVE CIR 32382102966 7965 PRESERVE CIR 32382103088 7965 PRESERVE CIR 32382]04346 7975 PRESERVE CIR 32382104566 7975 PRESERVE CIR 32382104401 7975 PRESERVE CIR 32382]04540 7975 PRESERVE cm 32382104728 7975 PRESERVE CIR. 32382104469 7975 PRESERVE CIR 32382104744 7975 PRESERVE CIR 32382104443 7975 PRESERVE CIR 32382104362 7975 PRESERVE CIR 32382104689 7975 PRESERVE CIR 32382104508 7975 PRESERVE CIR 32382]04786 7975 PRESERVE CIR 32382104809 7975 PRESERVE CIR 32382104647 7975 PRESERVE CIR 32382104663 7975 PRESERVE CIR 32382104427 7975 PRESERVE CIR 32382104760 7975 PRESERVE CIR. 32382104524 7975 PRESERVE CIR 32382104605 7975 PRESERVE CIR. 32382104621 7975 PRESERVE CIR 32382104702 7975 PRESERVE CIR. 32382]04582 7975 PRESERVE CIR 32382104388 7975 PRESERVE CIR 32382104485 7975 PRESERVE CIR. 32382105183 7985 PRESERVE CIR. 32382105280 7985 PRESERVE CIR. Packet Page -70- 4/26/2011 Item 7.A. ~ .~ ,~ ---- ---.... OLDE CYPRESS DR! FOLIO NUMBERS ......Folio # ............ Street # . Street Name 32382103486 7950 PRESERVE CIR 32382103826 7950 PRESERVE CIR 32382103389 7950 PRESERVE CIR 32382103800 7950 PRESERVE CIR 32382103444 7950 PRESERVE CIR 32382103680 7950 PRESERVE CIR 32382103509 7950 PRESERVE CIR 32382103541 7950 PRESERVE CIR 32382103729 7950 PRESERVE CIR 32382103745 7950 PRESERVE CIR 32382103606 7950 PRESERVE CIR 32382103622 7950 PRESERVE CIR 32382103460 7950 PRESERVE CIR 32382103402 7950 PRESERVE CIR 32382103583 7950 PRESERVE CIR 32382103842 7950 PRESERVE CIR 32382103525 7950 PRESERVE CIR 32382103664 7950 PRESERVE CIR 32382103648 7950 PRESERVE CIR 32382103761 7950 PRESERVE CIR 32382103787 7950 PRESERVE CIR 32382103703 7950 PRESERVE CIR 32382103567 7950 PRESERVE CIR 32382103428 7950 PRESERVE CIR 32382102704 7960 PRESERVE CIR 32382102500 7960 PRESERVE CIR 32382102746 7960 PRESERVE CIR 32382102568 7960 PRESERVE CIR 32382102827 7960 PRESERVE CIR 32382102487 7960 PRESERVE CIR 32382102429 7960 PRESERVE CIR 32382102526 7960 PRESERVE CIR 32382102542 7960 PRESERVE CIR 32382102843 7960 PRESERVE CIR 32382102869 7960 PRESERVE CIR 32382102623 7960 PRESERVE CIR 32382102801 7960 PRESERVE CIR 32382102885 7960 PRESERVE CIR 32382102607 7960 PRESERVE CIR 32382102445 7960 PRESERVE CIR 32382102788 7960 PRESERVE CIR 32382102681 7960 PRESERVE CIR 32382102665 7960 PRESERVE CIR 32382102762 7960 PRESERVE CIR 32382102584 7960 PRESERVE CIR 32382102461 7960 PRESERVE CIR 32382102649 7960 PRESERVE CIR 32382102720 7960 PRESERVE CIR 32382103208 7965 PRESERVE CIR ~ Packet Page -71- 4/26/2011 Item 7.A. OLDE CYPRESS DR! FOLIO NUMBERS Folio # Street # Street Name 32382101624 7935 PRESERVE CIR. 32382104249 7940 PRESERVE CIR. 32382104281 7940 PRESERVE CIR. 32382104087 7940 PRESERVE CIR 32382104168 7940 PRESERVE CIR 32382104320 7940 PRESERVE CIR. 32382104142 7940 PRESERVE CIR 32382103884 7940 PRESERVE CIR 32382104265 7940 PRESERVE CIR 32382104184 7940 PRESERVE CIR 32382103868 7940 PRESERVE CIR 32382104029 7940 PRESERVE CIR. 32382104045 7940 PRESERVE CIR 32382103981 7940 PRESERVE CIR 32382104003 7940 PRESERVE CIR 32382103923 7940 PRESERVE CIR 32382103949 7940 PRESERVE CIR 32382104100 7940 PRESERVE CIR 32382104207 7940 PRESERVE CIR 32382103965 7940 PRESERVE CIR 32382]04126 7940 PRESERVE CIR 32382104223 7940 PRESERVECIR 32382103907 7940 PRESERVE CIR 32382104304 7940 PRESERVE CIR 32382104061 7940 PRESERVE CIR. 32382102089 7945 PRESERVE CIR. 32382102047 7945 PRESERVE CIR. 32382102283 7945 PRESERVE CIR 32382102144 7945 PRESERVE CIR 32382102021 7945 PRESERVE CIR 32382102348 7945 PRESERVE CIR 32382102225 7945 PRESERVE CIR 32382102186 7945 PRESERVE CIR 32382102160 7945 PRESERVE CIR. 32382102403 7945 PRESERVE CIR 32382102241 7945 PRESERVE CIR 32382102267 7945 PRESERVE CIR 32382102380 7945 PRESERVE CIR 32382102005 7945 PRESERVE CIR 32382101983 7945 PRESERVE CIR 32382102364 7945 PRESERVE CIR 32382102322 7945 PRESERVE CIR 32382101941 7945 PRESERVE CIR. 32382102063 7945 PRESERVE CIR 32382102102 7945 PRESERVE CIR 32382102209 7945 PRESERVE CIR 32382102128 7945 PRESERVE CIR 32382102306 7945 PRESERVE CIR 32382101967 7945 PRESERVE CIR Packet Page -72- 4/26/2011 Item 7.A. ~ ~ r---.. ---- ~ OLDE CYPRESS DR! FOLIO NUMBERS Folio # Street # Street Name. .. 32382100609 7915 PRESERVE CIR. 32382100900 7915 PRESERVE cm 32382101420 7925 PRESERVE CIR 32382101307 7925 PRESERVE CIR 32382101080 7925 PRESERVE CIR 32382101187 7925 PRESERVE CIR 32382101064 7925 PRESERVE CIR 32382101404 7925 PRESERVE CIR. 32382101145 7925 PRESERVE CIR 32382101226 7925 PRESERVE cm 32382101284 7925 PRESERVE cm 32382101446 7925 PRESERVE CIR 32382101323 7925 PRESERVE CIR 32382101103 7925 PRESERVE CIR 32382101048 7925 PRESERVE CIR 32382100984 7925 PRESERVE CIR 32382101129 7925 PRESERVE CIR. 32382101242 7925 PRESERVE CIR 32382101381 7925 PRESERVE CIR 32382101268 7925 PRESERVE CIR. 32382101365 7925 PRESERVE CIR 32382101161 7925 PRESERVE CIR 32382101200 7925 PRESERVE CIR 32382101349 7925 PRESERVE CIR 32382101022 7925 PRESERVE CIR. 32382101006 7925 PRESERVE CIR 32382101608 7935 PRESERVE CIR 32382101569 7935 PRESERVE CIR 32382101828 7935 PRESERVE CIR 32382101585 7935 PRESERVE CIR 32382101763 7935 PRESERVE CIR 32382101501 7935 PRESERVE CIR 32382101747 7935 PRESERVE CIR. 32382101543 7935 PRESERVE CIR 32382101488 7935 PRESERVE CIR 32382101705 7935 PRESERVE CIR. 32382101721 7935 PRESERVE CIR 32382101844 7935 PRESERVE CIR 32382101909 7935 PRESERVE CIR 32382101462 7935 PRESERVE CIR 32382101666 7935 PRESERVE CIR. 32382101527 7935 PRESERVE CIR 32382101789 7935 PRESERVE CIR. 32382101640 7935 PRESERVE CIR 32382101886 7935 PRESERVE CIR. 32382101802 7935 PRESERVE CIR 32382101925 7935 PRESERVE CIR. 32382101682 7935 PRESERVE CIR 32382101860 7935 PRESERVE CIR ---- Packet Page -73- 4/26/2011 Item 7.A. OLDE CYPRESS DR! FOLIO NUMBERS Folio # Street # Street Name 29734001084 3029 RENAISSANCE CT 29734001149 3030 RENAISSANCE CT 29734001107 3033 RENAISSANCE CT 29734001123 3034 RENAISSANCE CT 32382100188 7905 PRESERVE CIR. 32382100382 7905 PRESERVE CIR 32382100201 7905 PRESERVE CIR. 32382100269 7905 PRESERVE CIR 32382100463 7905 PRESERVE CIR. 32382100366 7905 PRESERVE CIR. 32382100340 7905 PRESERVE CIR. 32382100324 7905 PRESERVE CIR. 32382100146 7905 PRESERVE CIR. 32382100049 7905 PRESERVE CIR. 32382100489 7905 PRESERVE CIR. 32382100447 7905 PRESERVE CIR. 32382100120 7905 PRESERVE CIR. 32382100405 7905 PRESERVE CIR. 32382100285 7905 PRESERVE CIR 32382100081 7905 PRESERVE CIR. 32382100023 7905 PRESERVE CIR. 32382100227 7905 PRESERVE CIR. 32382100065 7905 PRESERVE CIR 32382100243 7905 PRESERVE CIR. 32382100162 7905 PRESERVE CIR. 32382100308 7905 PRESERVE CIR. 32382100421 7905 PRESERVE CIR. 32382100104 7905 PRESERVE CIR 32382100887 7915 PRESERVE CIR. 32382100829 7915 PRESERVE CIR 32382100764 7915 PRESERVE CIR 32382100560 7915 PRESERVE CIR. 32382100942 7915 PRESERVE CIR. 32382100706 7915 PRESERVE CIR. 32382100641 7915 PRESERVE CIR. 32382100803 7915 PRESERVE CIR 32382100722 7915 PRESERVE CIR. 32382100780 7915 PRESERVE CIR 32382100845 7915 PRESERVE CIR. 32382100502 7915 PRESERVE CIR 32382100528 7915 PRESERVE CIR. 32382100926 7915 PRESERVE CIR 32382100861 7915 PRESERVE CIR 32382100667 7915 PRESERVE CIR. 32382100544 7915 PRESERVE CIR. 32382100586 7915 PRESERVE CIR. 32382100683 7915 PRESERVE CIR 32382100625 7915 PRESERVE CIR. 32382100968 7915 PRESERVE CIR Packet Page -74- 4/26/2011 Item 7.A. ,.-..., ~ ~. ----. ---- OLDE CYPRESS DR! FOLIO NUMBERS . Folio # Street # Street Name 29734000409 2921 LEONARDO AVE 29734000425 2930 FLORENTINE CT 29734000441 2934 FLORENTINE CT 29734000483 2935 FLORENTINE CT 29734000467 2938 FLORENTINE CT 29734000548 2939 MONA USA BLVD 29734000522 2940 MONA USA BLVD 29734000564 2943 MONA USA BLVD 29734000506 2944 MONA USA BLVD 29734000580 2947 MONA LISA BLVD 29734000603 2951 MONA LISA BLVD 29734000247 2953 MONA USA BLVD 29734000629 2955 MONA USA BLVD 29734000645 2959 MONA LISA BLVD 29734000661 2963 MONA USA BLVD 29734000687 2967 MONA LISA BLVD 29734000700 2971 MONA LISA BLVD 29734001424 2974 MONA USA BLVD 29734000726 2975 MONA LISA BLVD 29734001408 2978 MONA LISA BLVD 29734000742 2979 MONA LISA BLVD 29734001385 2982 MONA LISA BLVD 29734001369 2986 MONA LISA BLVD 29734000768 2987 MONA LISA BLVD 29734001343 2990 MONA LISA BLVD 29734001327 2994 MONA LISA BLVD 29734000784 2995 MONA LISA BLVD 29734001301 2998 MONA LISA BLVD 29734001288 3002 MONA LISA BLVD 29734001262 3006 MONA LISA BLVD 29734001246 3010 MONA LISA BLVD 29734000807 3011 MONA LISA BLVD 29734001220 3014 MONA LISA BLVD 29734000823 3015 MONA LISA BLVD 29734001204 3018 MONA LISA BLVD 29734000849 3019 MONA LISA BLVD 29734001181 3022 MONA LISA BLVD 29734000865 3023 MONA USA BLVD 29734001165 3026 MONA LISA BLVD 29734000881 3027 MONA LISA BLVD 29734000904 3031 MONA LISA BLVD 29734000920 3035 MONA LISA BLVD 29734001068 3036 MONA LISA BLVD 29734001042 3040 MONA LISA BLVD 29734001026 3044 MONA LISA BLVD 29734000946 3045 MONA LISA BLVD 29734001000 3048 MONA LISA BLVD 29734000962 3049 MONA LISA BLVD 29734000988 3052 MONA LISA BLVD ...-. Packet Page -75- 4/26/2011 Item 7.A. OLDE CYPRESS DRI FOLIO NUMBERS Folio # Street # Street Name 76713001100 3060 TBRRAMARDR 76713000127 3063 TERRAMARDR 76713001087 3064 TERRAMAR DR 76713000143 3067 TERRAMAR DR 76713001061 3068 TERRAMARDR 76713000169 3071 TERRAMARDR 76713001045 3072 TERRAMARDR 76713000185 3075 TERRAMARDR 76713001029 3076 TERRAMARDR 76713001003 3080 TERRAMARDR 76713000981 3084 TERRAMARDR 76713000208 3085 TERRAMARDR 76713000965 3088 TERRAMARDR 76713000224 3089 TERRAMAR DR 76713000949 3092 TERRAMARDR 76713000240 3093 TERRAMARDR 76713000266 3097 TERRAMARDR 76713000282 3101 TERRAMARDR 76713000305 3105 TERRAMAR DR 76713000680 3108 TERRAMAR DR 76713000321 3109 TERRAMARDR 76713000664 3112 TERRAMARDR 76713000347 3113 TERRAMAR DR 76713000648 3116 TERRAMARDR 76713000363 3117 TERRAMARDR 76713000389 3121 TERRAMARDR 76713000622 3124 TERRAMARDR 76713000402 3125 TERRAMAR DR 76713000606 3128 TERRAMARDR 76713000428 3129 TERRAMARDR 76713000583 3132 TERRAMARDR 76713000444 3133 TERRAMARDR 76713000567 3136 TERRAMARDR 76713000460 3137 lERRAMARDR 76713000541 3140 TERRAMAR DR 76713000486 3141 TERRAMARDR 76713000525 3144 lERRAMAR DR 76713000509 3145 TERRAMAR DR 29734000302 2901 LEONARDO A VB 29734001505 2902 LEONARDO A VB 29734000166 2903 LEONARDO A VB 29734000328 2905 LEONARDO A VB 29734001482 2906 LEONARDO A VB 29734000344 2909 LEONARDO A VB 29734001466 2910 LEONARDO A VB 29734000027 2911 LEONARDO A VB 29734000360 2913 LEONARDO A VB 29734000386 2917 LEONARDO AVE 29734001440 2920 LEONARDO A VB Packet Page -76- 4/26/2011 Item 7.A. ,~ ,~ ---- ~ .............. OLDE CYPRESS DR! FOLIO NUMBERS Folio # Street # Street Name ....... 72590004683 3075 SANTORINI CT 72590005705 3078 SANTORINI CT 72590004706 3079 SANTORINI CT 72590005682 3082 SANTORINI CT 72590004722 3083 SANTORINI CT 72590005666 3086 SANTORINI CT 72590004748 3087 SANTORINI CT 72590005640 3090 SANTORINI CT 72590004764 3091 SANTORINI CT 72590005624 3094 SANTORINI CT 72590004780 3095 SANTORINI CT 72590005608 3098 SANTORINI CT 72590004803 3099 SANTORINI CT 72590005585 3102 SANTORINI CT 74977000101 3064 STRADA BELLA CT 74977000127 3068 STRADA BELLA CT 74977000444 3071 STRADA BELLA CT 74977000143 3072 STRADA BELLA CT 74977000169 3076 STRADA BELLA CT 74977000185 3080 STRADA BELLA CT 74977000208 3084 STRADA BELLA CT 74977000224 3088 STRADA BELLA CT 74977000240 3092 STRADA BELLA CT 74977000266 3096 STRADA BELLA CT 74977000282 3100 STRADA BELLA CT 74977000305 3104 STRADA BELLA CT 74977000321 3108 STRADA BELLA Cr 74977000347 3112 STRADA BELLA CT 74977000363 3116 STRADA BELLA CT 74977000389 3120 STRADA BELLA CT 74977000402 3124 STRADA BELLA CT 74977000428 3128 STRADA BELLA CT 76713000703 3107 TERRAMAR CT 76713000923 3110 TERRAMAR CT 76713000729 3111 TERRAMAR CT 76713000907 3114 TERRAMAR CT 76713000745 3115 TERRAMAR CT 76713000884 3118 TERRAMAR CT 76713000761 3119 TERRAMAR CT 76713000868 3122 TERRAMAR CT 76713000787 3123 TERRAMAR CT 76713000842 3126 TERRAMAR CT 76713000800 3127 TERRAMAR CT 76713000826 3130 TERRAMAR CT 76713001142 3050 TERRAMAR DR 76713000062 3051 TERRAMARDR 76713001126 3054 TERRAMARDR 76713000088 3055 TERRAMARDR 76713000101 3059 TERRAMAR DR ..-.. Packet Page -77- 4/26/2011 Item 7.A. OLDE CYPRESS DRI FOLIO NUMBERS Folio # Street # Street Name 64625005303 2898 LONE PINE LN 64625005824 2901 LONE PINE LN 64625005329 2902 LONE PINE LN 64625005808 2905 LONE PINE LN 64625005345 2908 LONE PINE LN 64625005785 2909 LONE PINE LN 64625005769 2913 LONE PINE LN 64625005743 2917 LONE PINE LN 64625005361 2918 LONE PINE LN 64625005727 2921 LONE PINE LN 64625005701 2925 LONE PINE LN 64625005387 2928 LONE PINE LN 64625005688 2929 LONE PINE LN 64625005662 2933 LONE PINE LN 64625005400 2936 LONE PINE LN 64625005646 2937 LONE PINE LN 64625005426 2940 LONE PINE LN 64625005620 2941 LONE PINE LN 64625005442 2944 LONE PINE LN 64625005604 2945 LONE PINE LN 64625005468 2948 LONE PINE LN 64625005581 2949 LONE PINE LN 64625005484 2952 LONE PINE LN 64625005507 2956 LONE PINE LN 64625005523 2960 LONE PINE LN 64625005549 2964 LONE PINE LN 64625005565 2968 LONE PINE LN 64626000381 3021 OLDE COVE WAY 64626000048 3024 OLDE COVE WAY 64626000365 3025 OLDE COVE WAY 64626000064 3028 OLDE COVE WAY 64626000349 3029 OLDE COVE WAY 64626000080 3032 OLDE COVE WAY 64626000323 3033 OLDE COVE WAY 64626000103 3036 OLDE COVE WAY 64626000307 3037 OLDE COVE WAY 64626000129 3040 OLDE COVE WAY 64626000284 3041 OLDE COVE WAY 64626000145 3044 OLDE COVE WAY 64626000268 3045 OLDE COVE WAY 64626000161 3048 OLDE COVE WAY 64626000242 3049 OLDE COVE WAY 64626000187 3052 OLDE COVE WAY 64626000226 3053 OLDE COVE WAY 64626000200 3057 OLDE COVE WAY 72590004641 3067 SANTORlNI CT 72590005747 3070 SANTORINI CT 72590004667 3071 SANTORlNI CT 72590005721 3074 SANTORlNI CT Packet Page -78- 4/26/2011 Item 7.A. ~ ~ ~ ,..-.., ~ OLDE CYPRESS DR! FOLIO NUMBERS Folio # Street # Street Name 64625001103 2758 OLDE CYPRESS DR 64625001585 2761 OLDE CYPRESS DR 64625001129 2762 OLDE CYPRESS DR 64625001145 2766 OLDE CYPRESS DR 64625001608 2767 OLDE CYPRESS DR 64625001161 2770 OLDE CYPRESS DR 64625001624 2773 OLDE CYPRESS DR 64625001187 2774 OLDE CYPRESS DR 64625001640 2777 OLDECYPRESSDR 64625001200 2778 OLDE CYPRESS DR 64625001666 2781 OLDE CYPRESS DR 64625001226 2782 OLDE CYPRESS DR 64625001682 2785 OLDE CYPRESS DR 64625001242 2786 OLDE CYPRESS DR 64625001705 2789 OLDE CYPRESS DR 64625001268 2790 OLDE CYPRESS DR 64625001721 2793 OLDE CYPRESS DR 64625001284 2794 OLDE CYPRESS DR 64625001747 2797 OLDE CYPRESS DR 64625001307 2798 OLDE CYPRESS DR 64625001763 2801 OLDE CYPRESS DR 64625006124 2839 LONE PINE LN 64625005044 2840 LONE PINE LN 64625006108 2843 LONE PINE LN 64625006085 2847 LONE PINE LN 64625005060 2850 LONE PINE LN 64625006069 2851 LONE PINE LN 64625005086 2854 LONE PINE LN 64625006043 2855 LONE PINE LN 64625005109 2858 LONE PINE LN 64625006027 2859 LONE PINE LN 64625005125 2862 LONE PINE LN 64625006001 2863 LONE PINE LN 64625005141 2866 LONE PINE LN 64625005989 2867 LONE PINE LN 64625005167 2870 LONE PINE LN 64625005963 2873 LONE PINE LN 64625005183 2874 LONE PINE LN 64625005947 2877 LONE PINE LN 64625005206 2878 LONE PINE LN 64625005921 2881 LONE PINE LN 64625005222 2882 LONE PINE LN 64625005905 2885 LONE PINE LN 64625005248 2886 LONE PINE LN 64625005882 2889 LONE PINE LN 64625005264 2890 LONE PINE LN 64625005866 2893 LONE PINE LN 64625005280 2894 LONE PINE LN 64625005840 2897 LONE PINE LN ---- Packet Page -79- 4/26/2011 Item 7.A. OLDE CYPRESS DR! FOLIO NUMBERS Folio # Street # Street Name 72590000360 7352 MONTEVERDE WAY 72590000289 7355 MONTEVERDE WAY 72590000386 7356 MONTEVERDE WAY 72590000263 7359 MONTEVERDE WAY 72590000409 7360 MONTEVERDE WAY 72590000247 7363 MONTEVERDE WAY 72590000425 7364 MONTEVERDE WAY 72590000221 7367 MONTEVERDE WAY 72590000441 7368 MONTEVERDE WAY 72590000205 7371 MONTEVERDE WAY 72590000467 7372 MONTEVERDE WAY 72590000182 7375 MONTEVERDE WAY 72590000483 7376 MONTEVERDE WAY 72590000166 7379 MONTEVERDE WAY 72590000140 7383 MONTEVERDE WAY 72590000506 7384 MONTEVERDE WAY 72590000124 7387 MONTEVERDE WAY 72590000522 7388 MONTEVERDE WAY 72590000108 7391 MONTEVERDE WAY 72590000548 7394 MONTEVERDE WAY 72590000085 7395 MONTEVERDE WAY 72590000564 7398 MONTEVERDE WAY 72590000069 7399 MONTEVERDE WAY 64626001128 2701 OLDE CYPRESS DR 64626001144 2705 OLDE CYPRESS DR 64625000845 2706 OLDE CYPRESS DR 64626001160 2709 OLDE CYPRESS DR 64625000861 2710 OLOE CYPRESS DR 64625000887 2714 OLDE CYPRESS DR 72590000043 2717 OLOE CYPRESS DR 64625000900 2718 OLDE CYPRESS DR 64625001789 2719 OLDE CYPRESS DR 64625001420 2721 OLOE CYPRESS DR 64625000926 2722 OLOE CYPRESS DR 64625001446 2725 OLDE CYPRESS DR 64625000942 2726 OIDE CYPRESS DR 64625000968 2730 OIDE CYPRESS DR 64625001462 2731 OIDE CYPRESS DR 64625000984 2734 OIDE CYPRESS DR 64625001488 2737 OLDE CYPRESS DR 64625001006 2738 OLDE CYPRESS DR 64625001022 2742 OLDE CYPRESS DR 64625001501 2743 OIDE CYPRESS DR 64625001048 2746 OLDE CYPRESS DR 64625001527 2747 OLOE CYPRESS DR 64625001064 2750 OLDE CYPRESS DR 64625001543 2753 OLDE CYPRESS DR 64625001080 2754 OIDE CYPRESS DR 64625001569 2757 OLOE CYPRESS DR Packet Page -80- 4/26/2011 Item 7.A. ,-...." ~ ~ ---- ---. OLDE CYPRESS DR! FOLIO NUMBERS Folio # Street # Street Name 64625003321 7512 TREELINE DR 64625003347 75]6 TREELINE DR 64625003703 7519 TREELINE DR 64625003363 7520 TREELINE DR 64625003680 7523 TREELINE DR 64625003389 7524 TREELINE DR 64625003664 7527 TREELINE DR 64625003402 7528 TREELINE DR 64625003648 7531 TREELINE DR 64625003428 7532 TREELINE DR 64625003622 7535 TREELINE DR 64625003444 7536 TREELINE DR 64625003606 7539 TREELINE DR 64625003460 7540 TREELINE DR 64625003583 7543 TREELINE DR 64625003486 7544 TREELINE DR 64625003567 7547 TREELINE DR 64625003509 7548 TREELINE DR 64625003541 7551 TREELINE DR 64625003525 7555 TREELINE DR 64625003923 2802 WTI.D ORCHID CT 64625004401 2803 WILD ORCHID CT 64625003949 2806 WTI.D ORCHID CT 64625004388 2807 WlLD ORCHID CT 64625003965 2810 WTI.D ORCHID CT 64625004362 2811 WTI.D ORCHID CT 64625003981 2814 WTI.DORCHIDCT 64625004346 2815 wn.o ORCHID CT 64625004003 2818 WTI.D ORCHID CT 64625004320 2819 Wll..D ORCHID CT 64625004304 2823 WILD ORCHID CT 64625004029 2824 wn.o ORCHID CT 64625004281 2827 WTI.D ORCHID CT 64625004045 2828 wn.o ORCHID CT 64625004265 2831 Will) ORCHID CT 6462500406] 2832 WILD ORCHID CT 64625004249 2835 Will) ORCHID CT 64625004087 2836 wn.o ORCHID CT 64625004223 2839 WILD ORCHID CT 64625004]00 2840 wn..n ORCHID CT 64625004207 2843 WILD ORCHID CT 64625004126 2844 wn..n ORCHID CT 64625004184 2847 wn.o ORCHID CT 64625004142 2848 WILD ORCHID CT 64625004168 2852 WILD ORCHID CT 64625000023 2864 WILD ORCHID CT 72590000328 7347 MONTEVERDE WAY 72590000344 7348 MONTEVERDE WAY 72590000302 7351 MONTEVERDE WAY ~ Packet Page -81- 4/26/2011 Item 7.A. 4/26/2011 Item 7.A. ~ OLDE CYPRESS DRI FOLIO NUMBERS Folio # Street # Street Name 64625000188 7199 TREELINE DR 64625000382 7200 TREELINE DR 64626001021 7401 TREELINE DR 64625000421 7402 TREELINE DR 64626001047 7405 TREELINE DR 64625000447 7408 TREELINE DR 64626001063 7409 TREELINE DR 64626001089 7413 TREELINE DR 64625000463 7414 TREELINE DR 64626001102 7417 TREELINE DR 64625000489 7420 TREELINE DR 64625000502 7424 TREELINE DR 64625000528 7428 TREELINE DR 64625000829 7429 TREELINE DR 64625000544 7432 TREELINE DR 64625000803 7433 TREELINE DR 64625000560 7436 TREELINE DR 64625000780 7437 TREELINE DR 64625000586 7440 TREELINE DR 64625000764 7441 TREELINE DR 64625000609 7444 TREELINE DR 64625000748 7445 TREELINE DR 64625000625 7448 TREELINE DR 64625000722 7449 TREELINE DR 64625000641 7452 TREELINE DR 64625000706 7453 TREELINE DR 64625003046 7456 TREEUNE DR 64625003062 7460 TREELINE DR 64625003088 7464 TREELINE DR 64625003907 7465 TREELINE DR 64625003101 7468 TREELINE DR 64625003884 7469 TREELINE DR 64625003127 7472 TREELINE DR 64625003868 7475 TREELINE DR 64625003143 7476 TREELINE DR 64625003169 7480 TREELINE DR 64625003185 7484 TREELINE DR 64625003842 7485 TREELINE DR 64625003208 7488 TREELINE DR 64625003826 7491 TREELINE DR 64625003224 7492 TREELINE DR 64625003800 7495 TREELINE DR 64625003240 7496 TREELINE DR 64625003787 7499 TREELINE DR 64625003266 7500 TREEUNE DR 64625003761 7503 TREELINE DR 64625003282 7504 TREELINE DR 64625003745 7507 TREELINE DR 64625003305 7508 TREELINE DR 64625003729 7511 TREELINE DR ~ DOA-PL201o-1052 REV:3 OLDE CYPRESS DRI DATE: 11/2/10 DUE: 11/24/10 ~ Packet Page -82- 4/26/2011 Item 7.A. INSTR 4476425 OR 4606 PG 1045 RECORDED 9/20/2010 11:09 AM PAGES 9 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $0.70 REC $78.00 CONS SO.OO ...-.... DOA-PL201o..10S2 REV:3 OLOE CYPRESS DRI DATE: 11/2/10 DUE: 11/24/10 SOUTH FLORIDA WATER MANAGEMENT DISTRICT DEED OF CONSERVATION EASEMENT Return recorded document to: South Florida Water Management District 3301 Gun Club Road, MSC 4210 West Palm Beach, FL 33406 ~ ("Grantor") is THIS is given , 2010 this I by to the South Florida Water "Grantor" shall include any an subsequent owners of the "Prope em include any successor or aSSignee of Grantee. "). As used herein. the term assigns of the Grantor, and all efined) and the term "Grantee" shall WITNESSETH WHEREAS. the Grantor is the owner of certain lands situated in ro \ \ \!.y County, Florida. and more specifically described in Exhibit"N attached hereto and incorporated herein ("Property"); and WHEREAS, the Grantor desires to construct Vi-\-tt ~'Sc.o.f'lt\. ("Project") at a site in Co \\\ey County, whIch is subject to the regulatory jurisdiction of South Florida Water Management District ("District"); and WHEREAS, District Permit No. -1-1- O~'4 b -1' ("Permit") authorizes certain activities which affect waters in or of the State of Florida; and ....-.... ~SJQt Form 1190 (0112DD7) Deed of Conservation Easement - Standard Page 1 of8 Packet Page -83- 4/26/2011 Item 7.A. OR 4606 PG 1046 ----. WHEREAS, this Penn It requires that the Grantor preserve, enhance, restore and/or mitigate wetlands and/or uplands under the District's jurisdiction; and WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and securing to the Grantee a perpetual Conservation Easement as defined in Section 704.06, Florida Statutes, over the area desaibed on Exhibit "8" (.Conservation Easementj. NOW, THEREFORE, In consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual Conservation Easement for and In favor of the Grantee upon the property described on Exhibit -B" which shall run with the land and be binding upon the Grantor, and shall remain In full force and effect forever. 2. Puroose. I is water areas in their natu , condition and to retain wetland and/or upland a enhanced or created pu enhanced or created condition ~ on asement to retain land or , agricultural or wooded h, plants or wildlife. Those Easement which' are to be ined and maintained in the To carry out this purpose, tfi easement a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that wJ1l not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and b. To enjoin any activity on or use of the Property that is inconsistent with this Conservation Easement and to enforce the restoration of such areas or features of the Conservation Easement that may be damaged by any inconsistent activity or use. 3. Prohibited Uses. Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, or other activities described herein that are permitted or required by the Permit, the following activities are prohibited in or on the Conservation Easement: r"'. ~~ Form 1190 (0112007) Deed of Conservation Easement - Standard Page20fB Packet Page -84- 4/26/2011 Item 7.A. OR 4606 PG 1047 ~ a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; e. Surface use except for purposes that penillt the land or water area to remain in its natural or enhanced condition; ~ f. Activities de . erosion control, soil conservati limited to, ditching, diking an flood control, water conservation, t preservation including, but not g. t10ned retention of land or water areas; h. the preservation of the o ~ perties having historical, 00 es all rights as owner of the Property that are not prohibited riet rule, criteria, permit and the Intent 5. No Dedication. No right of access by the general public to any portion of the Property Is conveyed by this Conservation Easement. ---- 6. Grantee's Liabilitv. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Property. 7. ProDertv Taxes. Grantor shall keep the payment of taxes and assessments on the Easement Parcel current and shall not allow any lien on the Easement Parcel superior to this Easement. In the event Grantor fails to extinguish or obtain a subordination of such lien, in addition to any other remedy, the Grantee may, but shall not be obligated to, elect to pay the lien on behalf of the Grantor and Grantor shall reimburse Grantee for the amount paid by the Grantee, together with Grantee's reasonable attorney's fees and costs, with interest at the maximum rate allowed by law, no later than thirty days after such payment. In the event the Grantor does not so reimburse the Grantee, the debt owed to Grantee shall constitute a lien against the Easement Parcel which shall automatically relate back to the recording date of this ~!I"- Fonn 1190 (0112007) Deed of Conservation Easement - Standard Page30fB Packet Page -85- 4/26/2011 Item 7.A. OR 4606 PG 1048 .~ Easement. Grantee may foreclose this lien on the Easement Parcel In the manner provided for mortgages on real property. 8. Enforcement. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise Its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 9. Assianment. Grantee will hold this Conservation Easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this Conservation Easement except to another organization or entity qualified to hold such interests under the applicable state laws. ~ Val or other communications y given if sent by United the appropriate party or ~ ement may be amended, altered, n etween the parties hereto or their heirs, shall be filed in the public records in County. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purposes imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Conservation Easement is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement; and all mortgages and liens on the Conservation Easement area, If any, have been subordinated to this Conservation Easement; and that Grantor has good right and lawful authority to convey this Conservation Easement; and that it hereby fully warrants and defends.the title to the Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. Form 1190 (0112007) Deed of Conservation Easement - Stanclan:l ...JIIQJIWL~ Page 4 ofB ~ Packet Page -86- 4/26/2011 Item 7.A. OR 4606 PG 1049 ..-... IN V~l'A VCM~ I lLC WITNESS WHEREOF, (Grantor) has hereunto set Its authorized hand this ~ytel'\b~ ,20 to V r: iA :P:rM (i. I l.LC :;IDOOO J=;fv Name: -13y-,'a.~ S+..~.d: Title: M G..t'\ t:j e -( )q1+J day of (SignalUre) (Print) COUNTY OF On By: Name: ---- 20 subscribed to the foregoin (title), of l.t {..C- (corporation), a Florida corporation, and acknowledged that he/she executed the same on behalf of said corporation and the he/she was duly authorized to do so. .JieIShe Is pAn::nnally kno~ tn ml2 or has produced a (state) driver's license as identification. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA (Print) ~Jal/d/Jl~ / I Name: My Commission Expires: ---- Form 1190 (0112007) Deed of Conservation Easement - Standard ~~ Page 5 of B Packet Page -87- 4/26/2011 Item 7.A. OR 4606 PG 1050 ..-..... RHODES tt RHODES LAND SURVEYING, lNQ JOIrNsanTJUTOD1iB, P.B. M. T.l1OJUSB IUIOD1iB, p.s. M. PDo..vE(BfJI)/lJS.81fJtJ F.4X(BIJ9)~I68 LEGAL DESCRIPTION Being a portion of Section 21, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as fonows: BEGINNING at the northeast corner of the west IJz of the west Jf2 of the sonthwest 1/4 of the southeast 1/4 of Section 21. Township 48 South, Range 26 East, Collier County. Florida; thence South 00057'12" East, along the east line of said fraction and along the west line of Olde Cypress, Unit One, according to the plat thereof as recorded in Plat Book 32, Pages 1 through 11 (inclusive) of the public records of said Collier County, Florida, a distance of 1,006.32 feet to a point on the boundary cL those certain lands as described and recorded in Official Records Book 2579, pages894 of the public records of said Collier County; thence nm the fonowing Thirteen (13) courses along last said lands; Course NO.1: South 65023'20" West, 43-5'7 feet: Course NO.2: South 78026'13" West, 61.22 feet; Course No. ~: South 80004'25" West, 45-57 feet; Course No. 4: South 84027'31" West, 31.15 feet; Course No. 1i: South 80009'41' West, 30.89 feet; Course No. 6: 0~8'23" West, 2442 feet; Course No. 7: South 5402105" West, 36.02 feet; " West, 33.11 feet; Course No. Q: South 41'5145" West, 62.74 feet; est, 49.97 feet; Course No. 11: South 68022'05" West, 3747 feet: 39.61 feet; Course No. 1~: South S6049'21'West,15-Sofeettoap . t eofuoofeetwidedramagecanal as described in Deed Book 43, d Collier County, Florida; thence South 89008'23" West, along 'd of 821.'78 feet; thence North 12039'35" East, a distance of 0 . curve; thence northeasterly, 108.22 feet along the arc of a . ~, having a radius of 295.00 feet, through a central angle of 2100 . beam North 52026'33" East, 107.61 feet to a point of com , 131.08 feet along the arc of a circular curve, concave north: feet, through a central angle of 30002'30" and being subtended 45" East, 129-59 feet to a point on a non-tangential curve; thence n e arc of a circular curve, concave southeasterly, having a radius of 970. e of 21042'51" and being subtended by a chord which beam North 5605'1'16 North 8So 4'1'15" East, a distance of 62.16 feet; thence North 7101'1'44" East, a Of 142.80 feet; thence North 51'15'32" East, a distance of 4944 feet to a point of curvature; thence northerly, 79.61 feet along the arc of a c:ircular ClJl'\Ie, concave westerly. having a radius of 63-00 feet, through a central angle of '72023'58" and being subtended by a chord which bears North 21003'33" East, 7442 feet; thence North 00036'32" West, a distance of 15.03 feet; thence North 03053'23" East, a distance of 76.28 feet; thence North 31035'01" East, a distance of 76.60 feet; thence North 5101722" East, a distance of 55-95 feet; thence North 42041'44" East, a distance of 60.14 feet; thence North 21003'52" East, a distance of 71.34 feet; thence North 41026'05" East, a distance of 83.23 feet; thence North 41023'09" East, a distance of 31.19 feet; thence North 5201'1'26'" East, a distance of 60.53 feet; thence North sBoso'st' East, a distance of 33-67 feet; thence North 00052'19" West, a distance of 227.83 feet to a point on the southerly line of aforesaid Olde Cypress, Unit One; thence North 89008'01' East, along said southerly line. a distance of 211.31 feet to the POINr OF BEGlNNING. Containing 707,295 square feet or 16.237 acres, more or less. Subject to easements, reservations and restrictions of record. Bearings are based on the southerly line of Olde Cypress. Unit One as being North 8900'1'34" East (per plat). ~ X:\CONST\ Vita Tuscana\201o-848-lLGL.doc Page 1 of2 r---. Packet Page -88- OR 4606 PG 1051 ---- ..~ : ---- ... ~ ~I!l &l ~ ~- ~I ~~ f:f "Ill ~o: ---- 4/26/2011 Item 7.A. _::::!':!..~ --'........ ... :); m ffi '" P; t!~ 00 n ~lii b~~ ~ I ~ l!! ss;~ a:: Vlll"'~ )nh hi :!~ Cl III 0: ~ C ~s. >:1lI ~ ~a s. ~~ :~ l:! ~ ~ ~ - ~ ;; ~~I ~t,. ~;t-.; !l:'801ll1 -QI!! N :l !: i!: t ~ III ~~ 0" I:~ !;j", ~~ zll! ~~ ~ --J-~ ~ ~. "'~ ~~ ~ ~ s. ~2; ;~ III Packet Page -89- 4/26/2011 Item 7.A. OR 4606 PG lOSZ ~ 1----- , , I I I I I I I f:-., ----, I I I I I I I I I I I I -----~--------~--~ I I ~ ~~ I I ~~~~~~ I I lU~lli~"t> : ;--~I~~ I ~ i ~ I ~ I j i I I I I 1 I I I L-_______-1-_____-1--_____________~ ~~ ~~ i!;...,. ~'" ~~ ~ ---J-~ ~ ~. ~ ...~ .. ~~ i I lIS ~ ! E ~ g S!l!i OD ~~ e'" lJ ",iIO", ~cs~ ~~... "'~~ l:l~~ ~~1;! a:::s..... ').: CD .--.... S loi :r: S I<l '" I I r-~ I ~ I ~ I , " I I I I - - ---- Packet Page -90- ~~~ ~~~~~ "'~~...~ ~--lI::~ I I --"'~~--+-----------~ I I I I I I I I I I I I I L_ -____ _____.--1-___________--' ~~~ OR 4606 PG 1053 *** ---- ~ ~ ~. ~~ ~~ ~ ~ ~ ----J- ~ ~ ~ r----- I ~~~ 0- II ...."-~:j? t6 ~~H~_(J "'~~l4i~ I ~--lI::~ I .IUIU I ~~"l I I I ~ - lU ~ ~ I I H I ~ I ~ I I I I I I I S a! ~ ~ 4/26/2011 Item 7.A. I. . ". ~ s ..~ ,. ..... . I.t.. /,. If,~..,,, "Ii.' ts~k1'" ~. .', .......11. ~~ ~~lli .!rr!''''''.... '4()lt.Ocn '. ::1t:l's~::J :&../ ~. "'~",i:S~ .: 1::: :10 3J.\~ . ~"=~~ -~" G 11::' ~6-Q:,"" ~ 15 ~ ~a;'o-.'" ::,li)~~~ ~~<:...l 8'"' z: ~ ~~ ... r~ r; "..,'/, 0 ~~!o . ..:>~".."'I=I1.t~.t: ~!l.!!I ~ ~I ~'" .......z ~J:l. ~~ l!s~ ~ 1.\\ IIO'S~~';. l!> ~ ,.. ~ . ~ \,.... . . - ..f.)'" . ~~~~ll: ., '" f3. ::::~l;;~ ~. Q .' ~~~~bi .!:! r:l i:;~rt::,~ ~ ~ ~liIclil!l. ~ ~ ~~~~i ~ !l: ,,-"S.!l:: l!s~ . ;:i \3 O...!il,.. !:Ill{ ~ 5::.~ ::i~::~ ~ >.. ::~~l;;~1t ~ t;: lflllt:;;i:Si:::..:... ~ ~~~i!:~~ ~ a: ~~~~l!>a m y~R CO~.t\i Cpv :;-;~ "" .... ~ ~"'~ ,:21<) ~~; ~~~ IS ~'" ~li:;j ~l'J ~~:g ~5ili5 Cll~J, ~~~ llllll~ '" -;: m l- is ~ ~~ s" r;:l:i li~ rJ -------, $ loi <II $ it: <II Packet Page -91- 4/26/2011 Item 7.A. ~~-~~-'l~ 1~:~2 FBQH- ~9mmtY - - -- T"ll3 pseS/Si0 F-320 COLlJEft COUNTY GOVERNMENT ADDRESSING DEPARTMENT WWUV.COLLIeRMv.NET r If Utlt~ ~:J<....~ 2800 NORTH HORSESHOE DRIVe ( NAPLES, FLORIDA 14104 (231) 252-NOO FAX (239) 252.&724 . ''':-.' . ...." "':..' \'. "!"'DDD':E'S's,.li~r"C'H'Ei~.'..'" ,~.. '. .,......., . ..' ::: :. ...., .','.:.' .' ;......:..J.. :...:..:::t.;:.;..~. ...~ "';"~~' ',:.t.~.~~'t..;:'i'~'::'.. ~;::::'."".~:', .....!:..::,';;., :'::~. '. Please oompleie the following and fsx to the Addreul.n" Department lilt 2>>-252-6124 Dr submit in person tD the AdaMssing Department at the 8bov1 ~~st be alaMd bY Addreulng 1WaOM8I Drtor to Dre- 8~DIicAtloft ~t1na. 8'----...11... 3 daft far '. Not aI Items WlR '!'P1y to every pmJeat. Items In bold type ere required. FOUO NUMSI!RS MUST BE PROVIDED. Ponns ofder than 5 months Will require IddltllWll revllw and IPPl'DYBl by the AddleNing Oepannl8ht PeTITION TYP; (1ft<Jio.,. * beImv, complete . -P8I8te ArJtJresBing CIJeokHst for e.ch Petititm type) ~ BL Cltluting Permit) B SDP (Site Development Plan) BO (Boat Dook extensiOn) SDPA (SOP Amandment) CarnlvallClrcus Permit ~ SDP' (Inaul:tstantlel Changlt to SOp) eu (Condltlonsl Use) SIP (Site lmpravernent Plan) o exp (excavation Permit) SIPI (lnsub8lantial Change 10 SIP) B FP (Final Plat B SNR (snet Name Change) . . UA (Lot Une Adjuatment) SHe (Street N8me Change - Unplltl8d) B PNC (Project Name Ohange) 8 TDR rrransrer of DeveJ~ment Righls) PPL (Plans & PllIt Review) VA (Variance) 8 PaP (PrelIminary Subdivision Plat) 0 VRP (Vegebdlan RemcwaI Permit) puo Rezone D VRSFP (VlClel8lfon Removel 1& Site FIll Permit) [J RZ (st81'1C18rd Rezone) rgJ OTHER DRI NDtiora af P-ed ChanD. ~ LEGAL DESCRlPTroN of cubject p~ or propertiel (r;opy oflen!llhY desl:I1pflon m;q be llltachect) 21 48 28 OlDE CYPRESS UNIT ONE ~ ~ q>c-c*,:::'N ~ "2. ~ -416 - 'Z.. C. FOLIO (Property 10) NUIlIEIERfe) OfabOYe (lftach fD. or aaocIaf8 with, Ie. ~ "mOll' ttllfI one) 64825000188 STREET ADDRESS or ADC~ESSES (ea applicable, "lIreedy lWIgntd) - · LOCATION MAP muct be lIttllched showIng exact location raf projeotfalte in rellltlon b nearut public road right- of-way · SURVEY (copy - needed only for u"pI~ Pl'DPertie6) PROPOSED PFtOJECT NAMIi (if appIiCsblt) OLOE CVPReU -PR.Qr:taseo SFREET-NAMES-(7f8PPlicabJe) SITE Cr;vELOPMeNT PLAN NUMBER (ftNexJsfing ~ 01t~) SOP _-_ orAR#PL.201o..S9j DOA-Pl2010-10S2 REV:1 OLOE CYPRESS DR! DATE: 6/11/10 Due: 7/2/10 ~ ;, ,; Packet Page -92- 4/26/2011 Item 7.A. w~-~~-'l~ l~:~l fHOn- T-113 P809/010 F-320 ---- eo., CoIaity - -~~ -- COLUER COUNTY GOVl5RNMENT ADDRDSINQ DePARTMENT WWW.COLUE~.NET 2100 NORTH HORSESHOE DRIVE NAPLES. FLORIDA 34t04 (231) IS2-240D FAX (239) 2S2~724 P~ject or development names proposed for, or alreldy appearing In. cxmdorninium d=ument!S (if appllcatian; indicate whether propolld or exIIting) EXISTING PIe8Ie Check One: ~ Checklist Is to be Faxed bsck o Persanelly PIcked Up APPUCANT NAMe: CHRIS MITCHELL PHONE:!105-7777 FAX ~Q5.7899 Signature on Addressing Checklist does not constitute PrDject and/or Str8et Name approval and Is subject to further review by the Addressing Department. ---- POR STAFF USE ONLY FLN Number (Prlntary) ~ L Q.Ho...c....h-2-d ~ t i 0 f...j u...~ b.Q.( S Folia Number Folio Number FoOo Number Approved by: ))... ~ ~ Updated ~ (Y"L~ a... ..-.. Date: 3-\~ -, D .4 D8te: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED ," " .. ~ t I. t I : " !:: ':,;/,;.':}'): Packet Page -93- (0 4Ce>Z.5 0000 G..-.5a }:UrC,"Z.5 000\ 'Z...3 ~~~ ~ 'Z. S 0 0 0 l ~ ~ (D 4-to !- S 0 00 Z-,S t::. (p ~Ct.,--So on "'Z-~S f.&, c..r ce, "Z,.. s, 0 0 0 "'3...0 '8 c.J, 4-CD c... ~ 000 :sz..'f- ~,+~"'Z..s. 0 00 ~4-0 (p(.\.L>~S DOO ~Co" G:> c.+<.o '"Z.-5 (,) 0 0 3; 9 G~~~ooo 3<gz.. G, '-\ L:, "Z.. S 000 4- 0 S C, c.+ c." ~,S () 0 \ q ~ "3 G, Ck lD 'Z.. ~.o 0 '3 c"'Z..o & 4Ce>?..SOO ~oZ-% - C, c...t Co "'l.-:- (p 0 0 00 "Z- "Z.- -1 Z.S'1 00000 'Z. 7 -- ..,--z..~ ~ DO (.) L\-S<<8 ~ I~~q 000 L-\-~oCl ~~ 00 c) 4(" z.5 ~ "Z.. ~ c) u. (",f:.4.. , ,1,..5. 0. (.) 0 - . ~4.C{"'4..0-b~O~G .., u.~ -r1 0000 4- c..::, -, ~Ot.,-, oooe G:>Z '\ .....,., c (,) 00 ~ <s" -, l..\- . 4/26/2011 Item 7.A. ~ b'63Q I ~4- G, f 0 ~ G, ~ ~ '4-4-G:" Co ~ G,~ 'S~ , 44 c..., ~z.. G:,~ ~9 t 44 G, z..oS (; c::a~~ \ Ur-4 (,,07... 7 Co <g~.'i \ 4 4- G, 04-3 C::,cg'3.9 \ U-4 Coo~<i <o~:s~ \ 44 (005 . .9-0 l~lD-z.. 0 0009 ~ ~ Packet Page -94- r:;'\ . . . 74977000101-- 74917000127 I- 74977000444- 74977000143 _ ~ 74P71000169 74977000185 . 74977000208... 749770P0224... 745177000240 . :r- 74977000266.... j- 74977000282' 74977000305'" 74977000521.- 7497700D347~ 74977000363 · 74977000389" 74977DOO4OZ , . 74977000428-- 72590005747 ~ 72590004667. .. 72S~57.21 72S9DOO468! ~ 7259ooo570Soo 72590004705 ~ 725!1OOO5682- 7Z5~7.22.. 72590005666 . 72S9000474s.. 72590005640 , 725900D4764.. 72551OOOS624. 72590004780- 72590005608 - 7259OOD4803.- 72590005585 _ 72590004829 '" 72590005569 . 1259~ . 72590005543 .. 72590004861" 725POOO5527 ~ 72590004887.. , 7,2590005501- 72590004900 ~ 7259OOOS488 72590004926 . '" 72590005462. . 72590004942 I- 72590005446.:, :1 o o o r- ...... a-- ~ l""- 72590004968. 7259OD05420 72590004984 . 72590DOS404-- 725gQ()()SOD5.. 72590005381. 7255lOOO5365 . 72590005349. 72590005525 ' 7259000!022 72590005'07 72590005.284-- 72590005268 72590005242 . 725900D5226 7259000S200 '1.0 72590005187 · 7259000S16L' 7.2.590005145 72590005129 . 72590005103 " 72590005080 .. 7259000SQ64 72590005048 76713000703 . ~ 7671S000923. 76713000729_ 76713000907.. .. 76713000745- 757130008S4 76713000761~ 76713000868 76713000787- 7671300084.2 767UOOO800 .. 76713OD0826 7671!001142 76713000062- 75713001126 . 76713000088. 76715000101 ~ 76713001100 76713000127 ... 7671.3OOt081.. 7671SOOD143... 76713001061. 76715000169- 76713001045. 76713000185 _ . 76713601029.. .. 7671~001003 . 767130005181 ~ 767!1.9000208... 76713000955 _ 7-671300lJ2.24..o 767!:300OH9l'" 7671;)000240... 7.671.3'000266... 76713000282'" 76.713000305... 16713oool5BO- , 7671o!OCR)321'" 767150005641.- 76713000347- 767~'- 767130110363"- 767130003851.. 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Packet Page -95- 64625001501 . 6462S0010lf8 ' 54W001527 _ 6462S00~064-- 64625001543... 6462.5001080'" 6oW5001569 . 64625001103'" 64625001585, 64QS001129.. 64625001145:- 64625001608.. 5462S001161'" 64&5001624. 6462S001187 · G462S001640 '" 646250012OD.. 646Z5OD1666.... , 64G25OOt226" 64625001682... . 64625001!42- 64625001705, 64625001268 .. 6462SOD1721 ~ 64625001284' 64625001747.. 64625001307.... 64625001763. 64625000381 64626000048... 64625000365 . 64626000064, 64626000349 - 64626000080 . 64626000323 6462600010!... 646250003D7 ~ 64625000129..1.- 64626000284- , 64626000t45 '" 64626000268 646UOOO161.. 6462GOOOW 64626000187,. 64626000226 " 64626000200- 64U9006124.. 646250~ 6462S006108 "" 4/26/2011 Item 7.A. , 64625006085_ .. 64G500S060 ~ 64625006069 64G!OOS086' 64G500604J 64625005109. 6462500'60Zl 6462S00S~25- 64625006001. 64625005141.. 6462S005989. 64625005167.. 64625005965 64625oo51u.. 64625005947.. 64625005206-0 64625005921-- ~ 64625005222.. 6462500590$.. 64625005248-- 6462S005882 l54625OO5264.- 64625005866 64625005280.. - 6462S005840 ""'64WOtIS503 - 646.2S00s824 64625005329-' 64625005808 . 6452500SS4s. 646250057ss.. 6462S005769 6462S005743. 64625005351.... 64525005727 ~ 64625005701 . 64625005387.... 64625005688 64625005(j~ 64625005400'" '6462SOD5646 ~ ~:' 64QS00S620. 6462SOOS44.2 . 6~2SOO5604 646250054680- 64W005581 6462S0!l5484" 64625005507... .1 I . ! 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I " >.- - - 4/26/2011 Item 7.A. 64625005523 72590000205 64625003842 32382100447 32382101103 64625005549 72590000467 64625003208 32382100120 32382101129 . 64625005565 72590000182 64625003826 - 32382100405 32382101242 64625003923 72590000483 64625003224 32382100285 32382101381 -. 64625004401 72590000166 64625003800 32382100081 32382101268 64625003949 72590000140 64625003240 32382100023 32382101161 64625004388 72590000506 64625003787 32382100065 32382101200 64625003965 72590000124 64625003266 32382100243 32382101349 64625004362 72590000522 64625003761 32382100162 32382101365 64625003981 72590000108 64625003282 32382100308 32382101006 64625004346 72590000548 64625003745 32382100421 32382101608 64625004003 72590000085 64625003305 32382100104- 32382101828 64625004320 72590000564 64625003729 32382100887 32382101585 64625004304 72590000069 64625003321 32382100829 32382101462 64625004029 64626001021 64625003347 32382100560 32382101763 64625004281 64625000421 64625003703 32382100764 32382101501 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21990001868 21990001884 21990001907 21990001923 21990002142 21990002168 21990002184 21990002207 21990002223 21990002249 21990001622 21990001648 21990001664 21990001680 21990001703 21990001729 21990001745 21990001761 21990002265 21990002281 21990002304 21990002320 21990002346 21990002362 21990002388 21990002401 21990001460 21990001486 21990001509 21990001525 21990001541 21990001567 21990001583 21990001606 21990002427 4/26/2011 Item 7.A. 21990002443 21990002469 21990002485 21990002508 21990002524 21990001347 21990001363 21990001389 21990001402 21990001428 21990001444- 21990001224 21990001240 21990001266 21990001282 21990001305 21990001321 . 21990002540 21990002566 21990002582 21990002605 21990002621 21990002647 21990001062 21990001088 21990001101 21990001127 21990001143 21990001169 21990001185 21990001208 21990000940 21990000966 21990000982 21990001004 21990001020 21990001046 21990002663 21990002689 21990002702 .21990002728 21990002744 21990002760 21990002786 21990002809 21990002825 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I .I '. ,> CO.,; COiti1ty - ~ - ~/~' I COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND-DEVELOPMENT REVIEW WWW.COLLlERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES. FLORIDA 34104 (239) 252.2400 FAX (239) 643-6968 . :~-'."'~'-'. .....".-- ..,. -, ,...,..,.... '--'-'-~1iI"'-~"-~'-- '1i.'2"'":..,.... ~~~-'-' -"'. "U[~ . .-' '-"~-".' ", ""....;-. '-":-:', -.." .., ..:...~<c..,....-=.. :;;,...'....-,..' '-.,,,,,.. """'~h,- ,.' '-.- '""~".u:~a;~iP-M'SI'IrOr BlaoilQNAl'lfflPACT ....' '. ,..' " oJ.'., ." '.. ~;);',;,~.J~;:,;"i1;~:,j~:;? ':C~'~~J!#ti~;~~~E~ . c,,, , ,. ;:\ :.;S;~.':, :j.'::i'.?ik *"~" .\>"., -. ...." ! ;r.....:.~ ~App,l'oy.tll.p.lRJ}-'" _ '". . .~' ,_, ~~',"':>"', '... ~~:~~?r . ~~;itt.~~~i '\ ;~~_~ ij~~~,'A~~~~~~t~~A}~} ~.~i-': '. ::~:+.~,f.;~~f.f~ Date: ~ Time: K: 30 PROJECT NAME: -Dkl.e- C t~(PC:P Applicant Name: Owner Name: firm:.:R 1 ch Y D\?::t PL# Phone: Phone: Owner Address: City: Stale: _ ZIP: If an amendment, State Development Order Number: ~ ft ~ '1 'f - 5 DRI name-.f21 dt... GJe(l~~ Local Resolution Number: qq -1-7~ Assigned PJanner~s.<z.~ ,Meetiiig. A:11iRl.4~~:,' fcittachSig,n4n. S~t) f Meeting Notes . .. t ~c1J. \ ~ Ia" (l (l (P,s - i:Re.- ~D HI> pup ~ tf.b. ~t{ o.c.. ~ =- \~.t. Qe- ~O Mt\<;~~ I r'\c-(ea~ ~u J- " 5!f" J"" ~ F . RPC- -tr-lpS l\'IUS~ ~ 1'- ~;ps -~~6; ~:~~ -J't~ ~~~~;; I~~~ ~ DOA-PU010-10S2 REV:1 OlDE CYPRESS DRI DATE: 6/11/10 Due: 7/2/10 ) -1- G:\Current\Pre-Application Fonns 2009\Pre-app Forms - July 2009\DRI - DOA Development Regional Impact Pre-application july09.doc Packet Page -99- 4/26/2011 Item 7.A. eo18!rCOlinL} - ~........- -- . COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643-6968 SUBMITTAL REQUIREMENTS (refer to application for additional requirements) <'''''-~~''<'' ,,~l '7O'__iX".''-:~,",,'''''''. .. " '(fI,=GPMeNf'oFJi5GiPNAiL'fiVtPitT' "","'" .-.' ~., .~'.-.~" -:;:"' ." .~'>cr"'c"";~"'-'"~l';~Y\ ;~~~&:.'~~?:lr~~2~~ct:~'~:::<>:.,~:.;~;~~?~;{~;\:,::~,;:~~~i#~~~~~~I~; . . '::.'. .-' ....;: ,". :'.~.~..- '~'~:':;.:.:.'::::.~~:;:\;~~!~ THIS COMPLETED CHECKLIST IS TO BE SUBMlmD WITH APPLICATION PACKET lN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. v V"'" V' .; "-+oF PilDA 07\. b~ AOA t pI( ~u-R'Qet1ct.( ilspc'd)(S c 0 o-r n Arc4 ~~ ...J ~ ~ 'Ra.o.Uc. t, ~ (V\ .. .. ("cu:tu\r(l~ ~-(' lOl' C.O?H2. S na\-~. 1\~ \-he-t\ol CO?~.tl~ ~..\, ~ \.oCc:.RC -2- . G:\Current\Pre-Application Forms 2009\Pre-app Forms. July 2009\DRI - DOA Development Regional Impact Pre-application july09.doc Packet Page -100- . . . . . 4/26/2011 Item 7.A. ~ - -CO~LreT- COunty - -. ------- ....- --- - ~~ -- COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252.2400 FAX (239) 643-6968 FEES: Application Fee: $10,000 DRI Review (in addition to cost of Rezone) pus $25.00 acre (or fradicn thereof). $2,250.00 Comprehensive Plan Consistency Review [applies to DIU only) $6,000 DRI/DOA Amendment Development Order plus $25.00 acre (or fraction thereof) the acreage charge does not apply for amendments which only change the build-out date of the DO for a time period of less than five yeors. o o o [83 18I 18I [83 o o $150.00 Fire Review Fee ($500.00) Pre-application aedlt (Applicalionli submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-applicalion meeting will be required. $925.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice from Naples News). $500.00 Legal Advertising Fee for BCC meeting $2,500.00 Environmental Impact Statement review fee Property Owner Notification fees. Property Owner Notifications $J.50 Non-cerfifjed; $3.00 Cerfified return receipf mail ( to be paid after receipt of invoice from Dept. of Zoning & Development Review) l!:9Psportation Fees, if required: [submit separate t:~portati~ Fe,s) _ f+- ~ W4\ v"~ a $500.00 Methodology Review Fee, f re uir ~ s,:,A o $750.00 MiRer SNd) R.."I~w Fe"" If requlrea i:iff JP o $1,500.00 ---.!.6Pjt>r iNti) R..yi",w F\;,e, If reqUITed 7:{fr'if -3 - G:\Current\Pre.Application Forms 2009\Pre-app Forms - July 2009\DRI . DOA Development Regional Impact Pre-application july09.doc Packet Page -101- 4/26/2011 Item 7.A. . . . NOTES ~ rr/~ "PLe.VM /,r/{, - 9tlPicr A TA~L~ ~cVsr~l'"v~ ('t?& Abjv.s.T rfb'JI 'S/ft"FT ;..0 UIJ,,-c::. ~A<::...H- ~~ff'IbtJT JI,)'frP-.,a:;, ~~ S.~{,.,J''''#6 l' ~ ~$ A-$oc~7"~ wrnJ- !b1V"~s,.c)o, ~M HFR--b ~. l,vcwof:. tJD "TO-L>k"Tt. r1eIl1f7ot2J"'" .'f{ep~7. I ~\'}~Sl'\.\ ~ '. \-.\.1 d\. - l~ \JE\L) ?\?("3\~ ~~ 1.t\~~~ ~~~~~~~~~ --K D. ~() I MAI(~ . .; Packet Page -102- . .. . . . . 4/26/2011 Item 7.A. - - -.. ..~ -- - _00 ..-. -......a.:..___. .__~ _ . .. . - - ..:o..;....::.--e..__ - -. . -. -- COLLIER COUNTY ZONING DEPARTMENT REQUEST FOR MEETINGS REASON F"OR MEETING (check one) o Pre-Application Meeting o Telephone Consultation for SDP, SIP Insubstantial Changes o Telephone Consultation for ICP Insubstantial Change o One-On-Dne Sufficiency Review Meeting .indicates required field YOUR CONTACT INFORMATION NAME:'" CHRIS MITCHELL REPRESENTING:'" WALDROP ENGINEERING PHONE: 239405-7777 EMAIL: CHRISM@WALDROPENGINEERING.COM TYPE OF APPLICATION:'" DR! P"RQPER:rY INFORMATION FOLIO NUMBER:'" 64625000188 ZONING OR PUD NAME (you must supply original PUD name):'" OLDE CYPRESS DRI STREET ADDRESS OR LOCATION:'" SDP/SIP# (required for Insubstantial change): _ ellY: NAPLES ZIP: Fl DETAILED DESCRIPTION OF PROJECT OR PROPOSED WDRK:* NOTICE OF PROPOSED CHANGE - ADD VITA TUSCANA ACREAGE AND DENSITY INTO THE OlOE CYPRESS 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 . $75 Fire Review Pre-App Fee For ADDllcatlon Submittal Review: . 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 -103- 4/26/2011 Item 7.A. ~ . , Z ---,,;..:.=..-_.~- - ..::-:...~-_.. 3= 11.). . 11) CD w: "> - .;2; CD -- --. d" == B - 4( c CD ...3 E ~ a. E 0 1) -. w > CD - Q C) C "0 > C ~ 0 -l = ~ w tJ) a:l C :e c :J 0 Z N w ,~ q.. a' 0 0 , x I, ~ .~ .- u I. e 0 c """ ;-, U) !;2 to) U) ~ CD . 1 .. h- e>> ." >= ." D- III , W ... " <( 0. ~ 1 z .- -.... - D Z le ltl C'. :E O:i -D I ~ W ~= III '" iu: :;: J> - e Q tl ~ >- 0 ~ -c ~ cD Z 0 S ~ G ij u m '6 c j C> ~ c m Z I Iii w :I: U) ~ ~ w z Z C> Z w en <( ... := "iii m E -l ..a <( III D- E z E Q j u :> 0 w Z 0 Z 'iii . S2 m lii e c tI) 0 .1Il tI) .c f2 < D- Ii: Packet Page -104- . . . 4/26/2011 Item 7:A. AGENDA ITEM 9-A .c ~\;~'-o~ cOi~.,. County ~.~~ .." "',- - ." .. ,. .. .." _ ...:i....-- .'.~___.." "__ _. 'C" .. _'. _'.. .... STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF LAND DEVELOPMENT SERVICES GROWTH MANAGEMENT DMSION, PLANNING AND REGULATION HEARING DATE: FEBRUARY 17,2011 SUBJECT: PETITION PUDA-PL201O-388, OLDE CYPRESS PLANNED UNIT DEVELOPMENT (PUD) COMPANION ITEMS: DOA-PL201O-1052, OLDE CYPRESS DRI AND PUDZ-PL1054, liD DEVELOPMENT RPUD APPLICANT: AGENT: 01de Cypress Development, Ltd. 2746 Professional Circle, Suite 1201 Naples, FL 34119 Waldrop Engineering, P.A. Mr. Chris R. Mitchell, P .E. 28100 Bonita Grande Drive Bonita Springs, FL 34135 Goodlette, Coleman and Johnson, P.A. Mr. Richard D. Y ovanovich 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider an amendment to the aIde Cypress PUD to reduce the project density from 1100 dwelling units to 942 dwelling units and remove the requirements of trails and a 3.9 acre park within the aIde Cypress POO. GEOGRAPIDC LOCATION: The existing aIde Cypress POO and aIde Cypress DR! contain approximately 538.1 acres. The proposed Development of Regional Impact (DR!) will contain approximately 602 acres with the inclusion of the HD Development/Vita Tuscana POO and is located on the north side of lmmokalee Road (CR 846), east of its intersection with OIde Cypress Boulevard. The property lies within the Urban Estates Planning Community in Sections 21 and 22, Township 48 South, Range 26 East, in .Collier County. (See the location map and current POO Master Plan on following page.) aide Cypress PUD, PUDA-PL2010-388 February 4, 2011 Page 1 of 14 Packet Page -105- 4/26/2011 Item 7.A. u z o w- !:::!;;: mO o ...J u . a.. 0::( ~ < c' z _' r;: ~ m C> z I--N-~ I :;;e I : I I___J z o N L H~ 3 ~ g E !i~ ~~: ~!i ~ co co (') . 0 ~ ~ 0 N ...J a.. :J1W:lS OJ..LOH I ~ <( . 0 - ::J a.. '!to :0: :! Z 0 ~ d . l- E.. ~ a I- ~ w. w ~i!i -~~ a.. r ! - i5~ ~ il """~0I3fTlD:) .5II"H::' ~ ~ ~ iii_ WN a.. 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III I ~ : I i I . . . . , . . . . . . . . . \ I III I , . . . . , I" I , . , . I ~ I :1 r: : , . i II . ' , I r , , , .', , -I . . . , . , \ : , . . I :Iril ~.' ~~I "- \~~I "- , .... \ I I~;I I \ ......... ... 1 :\ ~ : .. " "'it 11 .. .. .. .. .. " "'- - ~- .. " 'I .. " II II ... " " :1 ~ l III \ I" / , I '\ I I, I 3)(Y1 31l0HS!)NO"l i! ~ i . o c CD :::l '" D.- C C CD III ui .. en en ill !h ... iil ~d z < ..J <0. t-a: _W lIlt- -Ul :rei: ~== t:l ::::l 0. ~" k ,,0 ' gS ., g~ -- ".r. - "..<5 ~ ! ,,~ , OIL g~ " :l~ ~ g~ x i =ij Z~ ~m om ~~ .o~ I~ ~IWSuor ~q P0l10ld lWll:O~ - OlOl 'lO "'1" nl\lllbl :CP.L 6.-p'tlalN.a11lOOl'WOItH\rnci\cnd E-)(\MQ\0I0965\\966L\:" Packet Page -107- 4/26/2011 Item 7.A. PURPOSEIDESCRIPTION OF PROJECT: . The petitioner proposes to amend Ordinance Number 2000-37, the Olde Cypress PUD, to reduce 11 00 dwelling units to 942 dwelling units and remove the requirements of trails and a 3.9 acre park within the Olde Cypress PUD. The removal of the 158 dwelling units from the 01de Cypress PUD will allow the proposed 158 unit HD Development RPUD (Residential Planned Unit Development), to be added to the Olde Cypress DR!. The property within lID Development RPUD will be added to the Olde Cypress DR! (Development of Regional Impact). The intensity density in Olde Cypress DRI will remain at 1100 dwelling units and the intensity of the DR! will not increase. During the original zoning application review and permitting, PUD Section 4.05.6 required a 3.9 acre park located within the PUD/DRI Boundary. According to the DRI and PUD Master Plans that were submitted with the application, the 3.9 acre park was proposed to be in two parcels located in the northeast comer of the Master Plan. The park location was approved in the original aIde Cypress PUD Ordinance No. 86-75. The PUD was later revised in 1996 as a result of environmental permitting with governmental agencies. During the 1996 PUD amendment, the park use, nature trails, jogging trails, and bicycle trail uses along the eastern boundary of the PUD/DRI were excluded and residential development, including the required park acreage, were removed from the PUD and DRI Master Plans to reduce impacts to the environmentally sensitive area. The area along the eastern boundary was revised in the master plan to be wetland/preserve. However, the language in Section 4.05.6 of the PUD was never revised to remove the requirement of the park. This application will revise Section 4.05.6 of the PUD to remove the park . requirement. The application also revises Section 3.02 of the PUD to make it consistent with the intent of the original revisions to the PUD. SURROUNDING LAND USE AND WNING: North: Terafina PUD. East: Agricultural (A) zoning South: Imniokalee Road and then Estates (E) zomng, Agricultural (A) zomng, and H.D. Development RPUD. West: Olde Cypress Boulevard then Longshore Lake PUD. aide Cypress PUD, PUDA-PL2010-388 February 4, 2011 . Page40f 14 Packet Page -108- . . . 4/26/2011 Item 7.A. -.......-......~~,-----~~-'---~....,.-- AERIAL PHOTO GROWTH MANAGEMENT PLAN (GIVlP) CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map in the Growth Management Plan. The existing RPUD, approved in 2000 (Ordinance No. 2000-37) included a provision for a park area on approximately 3.9 acres. This area is to be removed from park uses and returned to residential uses, This amendment will not affect the total number of approved acres for commercial land uses (12.5), of residential units (1,100), or of density (2.09 dulac). The table below illustrates the acreage figures, dwelling unit counts and residential densities involved in each part of the project: Ttl ACs Ttl DUs Ttl Com'l ACs non-Com'l AC Gross Res'l Density Existing DRI 538.1 1,100 12.5 525.6 2.09 DUlAC aide Cypress PUD, PUDA-PL2010-388 February 4,2011 Page 5 of 14 Packet Page -109- 4/26/2011 Item 7.A. Proposed DRI 602.0 1,100 12.5 590.9 1.86 DUlAC . Olde Cypress PUD Vita Tuscana PUD 538.1 65.3 942 158 12.5 0.0 525.6 65.3 1.79 DUlAC 2.41 DUlAC The acreage increase is reflected in the Olde Cypress DR!, not in the Olde Cypress PUD. Although no. additional residential units are proposed for the larger DR!, the total dwelling unit count in the Olde Cypress PUD is reduced. This smaller number should appear in Olde Cypress PUD documents. An approximately four. acre park area and its connecting nature trails are requested for removal, while the more than 176 acres of passive recreational areas, and bicycle paths and sidewalks remain part of the development. No issues present themselves with Objective 7 or its subsequent Policies. Conservation and Coastal Management Element: Environmental staff has evaluated the proposed changes to the PUD documents. The petition is consistent with the applicable provisions of the Conservation and Coastal Management Element (CCME) of the GMP. GMP Conclusion: Based upon the above analysis, Comprehensive Planning staff finds the proposed rezone consistent with the Future Land Use Element (FLUE). ANALYSIS: . Staff completed a comprehensive evaluation. of this land use petition and the criteria upon which a favorable determination must be based. These criteria are specifically noted in Sections 10.02.13 and 1O.02.13.B.5 of the Collier County Land Development Code and required Staff evaluation and coinment. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. Environmental Review: Environmental Services staff has reviewed the petition to address any environmental concerns. The proposed changes do not affect any of the environmental requirements of the GMP or LDC. A hearing was not required before the Environmental Advisory Commission (EAC) per Collier County Code of Ordinances Part One, Chapter 2, Article Vill. Division 23. - Environmental Advisory Council. Transportation Review: Transportation Department Staff has reviewed this petition and the has determined that the proposed amendment will not have any transportation impact. Utility Review: The Utilities Department Staff has reviewed the petition and has no objection. The project is subject to the conditions associated with a Water and Sewer Availability Letter from the Collier County Utilities Division. The project is subject to the conditions associated with a Solid Waste Availability Letter from the Collier County Solid Waste Department. Olde Cypress PUD, PUDA-PL2010-388 February 4, 2011 . Page 6 of 14 Packet Page -110- 4/26/2011 Item 7.A. . Parks and Recreation Review: The Parks and Recreation Department Staff has reviewed the petition. There are several things to consider regarding this parle The commitment language is very vague. Originally, the park was shown on the Master Plan as two separate areas, one of which did not appear to have access-it was isolated in a project comer surrounded by preserve areas. Zoning and Land Develooment Reviel-t,: Staff has reviewed the proposed change and has no objection. The proposed reduction from tbe maximum number of dwelling units by 158 dwelling units will allow the HD Development to be added to the Olde Cypress DRI so as not to increase the intensity of the DRI. While the 3.9 acre park was a commitment made by the original applicant when the property was first rezoned to a PUD, there is currently no code provision or regulation that would require a park at this location. However, several residents within Olde Cypress have indicated that they would like to have the park provided within the Olde Cypress community. There are several things to consider regarding this park. The commitment language is very vague. Originally, thepark was shown on the Master Plan of Ordinance Number 86-75 as two separate areas, one of which did not appear to have access-it was isolated in a project corner surrounded by'preserve areas, as shown in the illustration below (highlighted for clarity): . i-.-------------------------------------- --------.-----.-.----1~ill--l i Y~'" \\, .~ .' 22 , ~,1 \'\ ;.:ie';;"o:.. _ _ _ __ #' ~ -...~ Uit. i ~;;,\ ~~~6ti ~~!t fW~ARl<;..... i ."~\. "'~'" ~~l \~^2l..c. ! ,i~~3" \~""s:> ~ ~~ . I." \ \~' i i i~ ~ \ti i,' ' ~\ \", ~ I \ '.~l i {~nr ~ \f!F nL ~i&' I "lC'" jlj'l::"i\ \ '.. , t i/Ia, P, lll:l; Ml.1CiA. 1 ] I. 'i~- \l.~:G.J... s/:.. \i1f ,.:V.J '$ 'j.1r4e_ ~\ ~ 1:..5"; ~n \" t.'i'ttU, $\ \. ." 98 D.i\.I. ~;.+, ""~ - ~\ ~ ~~~Sl~ '\.~~ ,~!~" \otJj~/[J~ '-~?~ \ ....~..... l . 't-. ---~, \ __~" f \'\. ....,. --;.......~. 4. ~ 1 ~~'.. .. .. ... -"4. . ' , ~c, '. ~'\. "\ . ,~ \ \~\ "~;leo.. "'t~~""--.-~..-~1&."'. /" "'~ ~"":.-~ '( ~.~~ -., ", .H'ioo '- '''~\.''~ "'.. "'. 1 PJ\?!':. ~~ ~:( 1.7 k! "\" ,..._ ~ -c y. . PRESEiR'ilHlON /i::\\ ~; Ur,:..f~" ~: r. \ \ ' ! \.CcUO~ \ I, ' ~.~. '~~.... ~.",. IZ .fiJLi,. \ \ ia....~~~~\o.____________._._____________.___~~_=-~____._). .______ . Olde Cypress PUD, PUDA-PL2010-388 February 4, 2011 Page 7 of 14 Packet Page -111- 4/26/2011 Item 7.A. The commitment does not state when the park is to be built, who is to maintain the park, or what amenities it is to contain. Must there be two parks in the increments shown, or is there discretion as to how the 3.9-acre park commitment is to be fulfilled? Is it to be publicly (county) maintained or was it the intent for the developer or subsequent homeowners' associations to maintain it? . Collier County adopted a Park Impact in Ordinance number 88-96, which became effective on December 22, 1988. This ordinance addresses the needs for regional and community parks. The county has not adopted any regulations that require developers to provide a neighborhood park. Regional and community parks are sited and controlled by the county; the County does not generally get involved in the siting or design of neighborhood parks, nor does the county maintain them. Whether a park is designated a regional or a community park is determined by the draw of the attraction. A park can be smaller, but have an attraction that draws persons from a larger area, thus it can be a regional park. This 3.9-acre park would most likely not contain any attractor element such that it would make it function as a community or regional park. Currently Olde Cypress has developed as a golf course community with a golf driving range, tennis courts, a swimming pool, and fitness facilities. Therefore, the community appears to offer recreational opportunities as currently developed. However, whether the existing facilities meet the needs of the community is not for staff to ascertain. At the Neighborhood Information Meeting (NIM) held for the companion PUD amendments, there was no clear consensus from the attendees as to whether or not the park use should be eliminated. There was opposition voiced to the park's removal, while other attendees voiced support for the park's removal; other attendees did not offer an opinion. Since only approximately 100 persons attended the NIM:, not all property owners attended. Staff has received and continues to receive correspondence, some of which is supportive . of the park's removal and some of which is opposed to the park's removal. (Copies of correspondence received as of February 3, 2011 have been provided in the CCPC packets.) It appears that the park issue may be something best resolved by the property owners within Olde Cypress. If the commitment for the 3.9-acre park is removed from the PUD, the development (HomeownerlProperty Owners' Associations or the Developer) could still provide neighborhood parkes), as that term is defined in the LDC since a park is also an allowable principal use within the Olde Cypress PUD document, Ordinance Number 00-37 Section 7.04.~.4. In the alternative, should the CCPC and the BCC detennine that the park commitment should remain, staff recommends that clarification be provided to indicate that the park is indeed a neighborhood park, where the park is to be located; when it is to completed; what facilities it is to provide; who it is to serve-the public or only residents of this project (and all residents or just those within the gated community if that is where the park is located); who is to construct it; and who is to maintain it. Although not normally necessary for a neighborhood park, these clarifications are necessary if the commitment stays in the PUD, so staff has something measurable to ensure PUD commitments have been met. 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 aide Cypress PUD, PUDA-PL2010-388 February 4, 2011 . Page 8 of 14 Packet Page -112- 4/26/2011 Item 7.A. . 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: Rezone [mdings are designated as RZ and PUD findings are designated as PUD. (Staff's responses to these criteria are provided in non-bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning Department has indicated that the proposed PUD amendment is consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). 2. The existing land use pattern. This amendment will not affect the existing land use pattern. The existing land use pattern will remain the same. 3. The possible creation of an isolated dlistrict unrelated to adjacent and nearby districts. Not applicable. The districts are existing and established. 4. Whether e1l.isting district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. . . Not applicable. The districts are existing and established. 5. Whether changed or changing condJitions make the passage of the proposed amendment necessary. As previously described, this amendment will reduce the project density by 158 units from 1100 dwelling units to 942 dwelling units. The amendment is also necessary to eliminate the inconsistency between the PUD Master Plan and the PUD document. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The amendment will reduce the project density from 1100 dwelling units to 942 dwelling units and remove the requirements of trails and a 3.9 acre park within the Olde Cypress PUD. Staff is of the opinion that the proposed change will not adversely impact the living conditions in the neighborhood. However, several residents have expressed a desire to have the park provided within the Olde Cypress community. 7. 'Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed amendment will not adversely impact traffic circulation. . aide Cypress PUD, PUDA-PL2010-388 February 4, 2011 Page 9 of 14 Packet Page -113- 4/26/2011 Item 7.A. 8. Whether the proposed change will create a drainage problem. . The proposed amendment will not affect drainage. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Not applicable. No changes to the development standards are proposed. When meeting the standards, light and air will not be reduced to adjacent properties. 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this PUD amendment will not adversely impact property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The adjacent properties as well as existing properties will continue to be developed in accordance with the existing regulations. 12. Whether the proposed change win constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed amendment to remove the required 3.9 acre park may be seen by some as a grant of . special privilege to the developer. However, consistency with the FLUE is determined to be a public welfare relationship because actions consistent with FLUE are in the public interest. This PUDA has been found consistent with the FLUE. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The applicant alleges that the PUD has been developed and there is no space left to build a 3.9 acre park. Furthermore, the petitioner proposes to eliminate 158 dwelling units from the Olde Cypress PUD to allow the lID Development PUD to be added to the Olde Cypress DR! without increasing the intensity of the DR!. (See Companion items DOA-PL201O-1052, Olde Cypress DR! and PUDZ-PL1054, HD Development RPUD.) 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Considering the recreational opportunities available to the residents, 169 acre golf course and country club, a golf driving range, a fitness center, a community swimming pool, and 4 tennis courts provide ample recreational opportunities, Staff is of the opinion that the proposed PUD amendment is not out of scale with the needs of the neighborhood. aide Cypress PUD, PUDA-PL2010-388 February 4, 2011 . Page 10 of 14 Packet Page -114- . . . 4/26/2011 Item 7.A. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a PUD amendment. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD document would require site alteration and will undergo evaluation relative to all federal, state, and local development regulations during 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 GMP and as dermed and implemented through the Collier County adequate public facilities ordinance. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities for and the project. It must be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that no Level of Service will be adversely impacted. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Subsection 1O.02.13.B.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria:" 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. As previously stated, the subject PUD is nearly developed. The reduction of residential dwelling units should not have a negative impact upon any physical characteristics of the land, the surrounding areas, traffic and access, drainage, sewer, water, and other utilities within the Olde Cypress PUD. Furthermore, this project, if developed, will be required to comply with all county regulations regarding drainage, sewer, water and other utilities pursuant to Section 6.02.00 Adequate Public Facilities of the LDC. aIde Cypress PUD, PUDA-PL2010-388 February 4, 2011 Page 11 of 14 Packet Page -115- 4/26/2011 Item 7.A. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, . contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provided satisfactory evidence of unified control. The PUD document and the general LDC development regulations make appropriate provisions for the continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP. 4. The internal and e~1:ernal compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The currently approved development, landscaping and buffering standards were determined to be compatible with the adjacent uses and with the use mixture within the project itself when the PUD was approved. Staff believes that this amendment will not change the project's internal or external . compatibility. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The existing open space set aside for this project exceeds 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. This PUD is over 25 years old and is mostly developed. The project development must be in compliance with all other applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. This PUD is nearly built out and cannot accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Olde Cypress PUD, PUDA-PL2010-388 February 4,2011 . Page 12 of 14 Packet Page -116- . . . 4/26/2011 Item 7.A. As mentioned earlier, this PUD is existing and the reduction of residential units will conform with existing PUD regulations. NEIGHBORHOOD INFORMATION :MEETING (NIM): The applicant duly noticed and held the required meeting on October 18, 2010 at 5:30 p.m. at the OIde Cypress Clubhouse, 7165 Treeline Drive, Naples, Florida. Approximately 100 people and the applicant, agent and County Staff attended the meeting. No commitments were made at this meeting. For further information, please refer to Attachment C: NIM Minutes. To date, approximately four letters of objection have been received. One letter of support has been received from the Olde Cypress Master Property Association. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for Petition PUDA-2009-742, revised on February 1,2011. -STW RECOMI\1ENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDA-PL2010.388 to the Board of County Commissioners with a recommendation of approval of this amendment. However, should the CCPC decide to recommend that the 3.9-acre park commitment be retained, the following issues need to be addressed: 1. When the park is to be built--commenced and completed; and 2. Whether it is to be a public or private park; and 3. Whether it is to be an active or a passive park; and 4. What facilities will be provided; 5. Who is to maintain the park; and 6. Where will the park be provided on site; and 7. Must there be two parks in the increments shown, or is there discretion as to how the 3.9- acre park commitment is to be fulfilled; and 8. If the increment issue is discretionary, who is to decide and when is the decision made. Olde Cypress PUD, PUDA-PL2010-388 February 4, 2011 Page 13 of 14 Packet Page -117- 4/26/2011 Item 7.A. PREPARED BY: . tiW/VL4Jl 01 AN\J \J;(J" NANCY Gp1')IDUAj:H, AICP, PRINClP AL PLANNER DEPARTN@,NT OF LAND DEVELOPMENT SERVICES GROWTH MANAGEMENT DMSION t Thvl. (2& '2{)l/l DATE) . REVIEWED BY: / /. .-----., J;( ;<2." "'/' / ) --' '.' / ld.NJ~ "Y/l RA YMelND V. BELLOWS, toNiNG MANAGER DEPARTMENT OF LAND DEVELOPMENT SERVICES GROWTH MANAGEMENT DIVISION !~ 3/-- if DATE o 2...- oj - 2..eii DATE . IJAM D. LO~NZ JR., 'P.E., DIRECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES GROWTH MANAGEMENT DIVISION . APPROVED BY: 2 -- 7 ~ I{ DATE ~:\CAAJ p~- MARK ,. STRAIN, CHAIRMAN Tentatively scheduled for the March 22, 2011 Board of County Commissioners Meeting 3-ll,-1f DATE Attachments: Attachment A: Original Master Plan Attachment B: Ordinance Attachment C: NIM Minutes Olde Cypress PUD, PUDA-PL2010-388 January 26, 2011 . Page 14 of 14 Packet Page -118- . . . 4/26/2011 Item 7.A. THE OLDE CYPRESS (formally Woodlands) DRI DRI #03-8485-53 NOTICE OF PROPOSED CHANGE BackQJ"ound The DR! is located east of Interstate 75, and north of Immokalee Road (CR 846), in northern Collier County. Attachment I shows the project location. The Collier County Board of County , Commissioners on November 6, 1986 approved the Woodlands Development of Regional Impact (DRI). The development order was appealed by both the Southwest Florida Regional Planning Council (SWFRPC) and the Florida Department of Community Affairs (DCA). During 1987, the Board of County Commissioners approved two amendments to the D.O., in order to address the two agencies' appeal issues. The project is currently approved for 1,100 residential units and 165,000 square feet of retail and office space, all on approximately 500 acres. The development is approved for five phases, ending in 2015. According to the 2010 Annual Monitoring Report to date, 360 single-family & 396 multi-family units have been constructed, the golf course is complete and the 165,000 SF of commercial is built out. Previous Chang:es There have been six previous changes to The Olde Cypress/Woodlands DR!. On April 28, 1987, the Collier County Board of County Commissioners approved Resolution No. 87 -96, which amended the development order's transportation conditions, based on the appeal of the development order by the SWFRPC (see above). On September 15,.1987 Resolution (87-207) was adopted, amending section a(4), finding of fact, to state a maximum square footage of permitted commercial retail development and to increase the total acreage of preservation areas and to set forth a revised land use schedule that did not increase the total amount of acreage or dwelling units previously approved. The two (2) development order amendments described above were adopted by Collier County to resolve appeals of the of the original Woodland's DR! development order to the Florida Land and Water Adjudicatory Commission take by the Florida Department of Community Affairs and the Southwest Florida Regional Planning Council. The Woodland's DR! development order became effective on November 7, 1990, the date on which the Florida Land and Water Adjudicatory Commission issued its fmal order of dismissal of the appeal. On November 1, 1994, the Collier County Board of County Commissioners approved Resolution No. 94-774, which extended the project's commencement and buildout/D.O. termination dates by four years and eleven months, to the currently approved commencement date of October 7, 2000, and the buildoutltermination date of October 7, 2015. On October 22, 1996, the Collier County Board of County Commissioners approved Resolution 96-482, which reduced the approved number of residential units from 1,460 to 1,100, and reduced commercial use from 200,000 square feet to 165,000 square feet and miscellaneous Packet Page -119- 4/26/2011 Item 7.A. changes to the plan resulting from permitting requirements of the South Florida Water . Management. Also, the amendment removed a reserved road right-of-way from the east boundary of the DR!. The applicant was allowed to adjust the project's approved uses to incorporate the former right-of-way acreage. Miscellaneous changes were also made to drainage/water quality, transportation, vegetation and wildlife, wetlands, consistency with the comprehensive plan and fire by the deletion thereof. On May 18, 1999, the Collier County Board of County Commissioners approved changes to the Planned Unit Development Document for The Woodlands, to incorporate revisions to the project's development standards, and to allow mini-storage as a use within the commercial area. The development order was not amended. In December 1999, Resolution (99-472) 28.69 acres was added to the eastern edge of aIde Cypress in Section 22. Lands to be added included a 2.1 acre archaeological preserve area. Standards were also incorporated in the development order to provide protection for archaeological resources. The gross density was also reduced from 2.2 to 2.1 dwelling units per acre. Minor adjustments in land use tabulations, along with other miscellaneous changes were made to the development order to accommodate the notice of change. On May 23, 2000, Resolution (2000-155) was adopted to add 9.3 acres to accommodate the addition of the golf course driving range. The request also included a modification of the golf course/open space acreage from 161.7 to 168.3 acres, including lakes. The residential acreage was modified from 152.5 acres to 155.2 acres. No changes to the number of dwelling units, commercial floor area, phasing schedule, commencement date, or build-out date was requested. . Attachment II shows the existing Master Development Plan for the aIde Cypress DR!. Proposed Changes On June 28, 2010 a Notice of Proposed Change (NOPC) was submitted to aggregate into the aIde Cypress DR! up to 125 single-family residential units and 33 multi-family units, and associated accessory uses, within the Vita Tuscana RPUD boundary. The developer proposes to add 63.88 acres to the existing DRI with no change in the total 1,100 number of approved units. The aggregation will not add density or units to the DR!. The water and sewer for this project will be provided by Collier County Public Utilities through existing infrastructure serving aIde Cypress and/or Immokalee Road. No changes are proposed to the phasing, commencement, or build-out dates. The additional acreage is planned for residential development. Attachment III shows the Proposed Master Development Plan Map with the additional land area and development plan. Regional Staff Analvsis The proposed changes are presumed to be a substantial deviation under Sub-chapter 380.06(19), Florida Statutes. This presumption relates to the addition of land area to the DR!. The addition of land area to an approved DR! is covered under Subparagraph 380.06(19)(e)3., Florida Statutes, which reads as follows: . Packet Page -120- . . . 4/26/2011 Item 7.A. "Except for the change authorized by sub-paragraph 2.f., any addition of land not previously reviewed or any change not specified in paragraph (b) or paragraph ( c) shall be presumed to create a substantial deviation. This presumption may be rebutted by clear and convincing evidence. " The NOPC application attempted to rebut the presumption of a substantial deviation by providing a trip generation analysis, aerial vegetation map, some conservation easement information and requested Big Cypress Fox Squirrel information. Character. Mawitude. Location The Character of the DR!, as a residential development with some commercial uses, will not change. The magnitude and location of the DRI will change somewhat due to the additional acreage. Regional Goals. Resources Or Facilities In reviewing the potential impacts of the proposed changes, Regional staff looked at two possible regional impacts from the changes. These were Transportation, and Vegetation & Wildlife. Also, a local issue dealing with a 3.9 acres park should be addressed by the county. Transportation Impacts A new trip generation calculation was provided, which indicated that a 10.4 percent increase in traffic may occur. This increase is proposed because the amount of single family units increased by 125 units compared to increasing the multi family by 33 units. There is no increase in the total approved 1,100 units. The 10.4 percent increase is less than the automatic substantial deviation trigger in Chapter 380.06(19)(b)15 stating: "A 15 percent increase in the number of external vehicle trips generated by the development above that which was projected during the original development of regional impact review." Having rebutted trip increases proposed by the changes, no additional transportation impacts were identified for the proposed changes. Vegetation & Wildlife The additional land area to be added was partly cleared (see Attachment IV) already and has received an Environmental Resource Permit, which set aside a Deed of Conservation Easement for 16.24 acres of jurisdictional wetlands. The remaining acreage (47.64) ofthe total 63.9 acres to be added will be developed as residential. A review of the NOPC indicates that copies of the Florida Fish and Wildlife Conservation Commission (FWC) approved Big Cypress fox squirrel management plan and overall preserve management plan including a method of clearly identifyirig the preserve boundary must be incorporated into the development order amendment. Packet Page -121- 4/26/2011 Item 7.A. Assuming these conditions are included within the development order amendment language the proposed changes will not have significant vegetation and wildlife impacts. . Local 3.9 acre Park Issue A 3.9 acre park was part of the original DRI, PUD applications and Master Development Plan Map. Even specific language in the county's PUD exists to the affect of providing a 3.9 acre park. The local park issue should be addressed in this development order amendment to clear up the issue as to whether there will be a 3.9 acre park as required and shown on the original master development plan. We believe the condition is still a requirement of the development even if it was removed from the original master development plan during the 1996 amendment. Multiiurisdictional Issues No rnultijurisdictional issues will result from the proposed changes. Need For Reassessment of The DRI There does not appear to be a need to reassess the DRI as a result ofthe proposed changes. Acceptance of Proposed D.O. Language Regional staff recommends acceptance of the proposed development order amendment language with the exception of the following conditions. . Copies of the FWC approved Big Cypress fox squirrel management plan and an overall preserve management plan including a method of clearly identifying the preserve boundary must be incorporated into the development order amendment. The local park issue should be addressed in the development order amendment to clear up the issue as to whether there wiJl be a 3.9 acre park as required and shoWn on the original master development plan. RECOMMENDED ACTIONS: 1. If the two conditions are incorporated in the proposed development order language above staff will notify Collier County, the Florida Department of Community Affairs (DCA) and the applicant that the proposed changes do not appear to create additional regional impacts and that Council participation at the local public hearing is not necessary, unless requested by the County for technical assistance purposes. . Packet Page -122- . 2. . . Packet Page -123- 4/26/2011 Item 7.A. Request that Collier County provide a copy of any development order amendment related to the proposed changes to the SWFRPC in order to ensure that the amendment is consistent with the Notice of Proposed Change. , c. RESOLUTION NO. 96 - 482 4/26/2011 Item 7.A. DEVELOPMENT ORDER NO. 96 - 2 A RESOLOTION AMENDING DEVELOPMENT ORDER 86-J., AS PREVIOUSLY AMENDED, FOR THE WOODLANDS DEVELoPMEN'l' OF REGIONAL IMPACT (n DRI II) : BY PROVIDING FOR: AMENDMENTS TO FINDINGS OF FACT SECTION 1 AMENDMENTS TO SECTION 1, DRAIltm.GE/WATER QUALITY; AMENDMENTS TO SECTION 4, HISTORICAL/ARCHAEOLoGICAL; AMENDMENTS TO SECTION 5, TRANSPORTATION; AMENDMENTS TO SECTION 6, VEGETATION AND WILDLIFE; AMENDMENTS TO SECTION 7, WETLANDS; AMENDMENTS TO SECTION a, CONSISTENCY WITH THE LOCAL COMPREHENSIVE PLAN; AMENDMENTs TO SECTION 10, FIRE, BY THE DELETION THEREOF; EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. . WHEREAS, on August a, 1996, the Developer, Immokalee Road Partnership, filed an application for proposed changes to The Woodlands DRI Development Order, as amended, and to modify the '. ~:: ...." , approved Woodlands Master Plan, (Map H), which, as approved, is attached hereto as Exhibit .wAn; and WHEREAs, Immokalee Road Partnership and Greg Cabiness have obtained all necessary approvals and conditional approvals from the various Collier County agencies, departments, and boards required as a condition to Planned Unit Development (POO) zoning and DRI approval; and WHEREAs, the Board of County Commissioners as the governing body of the unincorporated area of Collier County having I" . jurisdiction pursuant to Chapter 380.06 is authorized and empowered to consider Applications for Development Approval (ADA) for Developments of Regional Impact; and WHEREAs, the l?ublic notice requirements of Chapter 380.06 and the Collier County Land Development Code have been satisfied; and WHEREAS, the Collier County Planning'Commission has.reviewed and considered the report and recommendation of the Southwest Florida Regional Planning Council (SWFRPC) and held..it public hearing on the ADA and. on the Application for Public Hearing for POD Zoning on October 3, 1996; and WlmREAS, The Woodlands ADA is 'also p,art of an overall rezoning application by the developer; and the issuance of a development order pursuant to Chapter 380',0'6, Florida Statutes, does not constitute a waiver of any powers or rights regarding the issuance of other development permits by the County or State; and , , : Os :--.:.; -~"o ". . " .0.0 -:.-.' ....t ., : ;.: , - '.~.' , 1 - . Words :Lmderlined are lldditionsl words SEWell. t.H9I!!Jk are deletions. Packet Page -124- 1 .~ I . 4/26/2011 Item 7.A. WBEREAs, the Board of County Commissioners previous~y approved and issued Resolutions 87-96, 87-207 and 94-774, which amended The WOodlands DRI Development Order (86-1), as stated herein below; -and WHEREAS, on "!r~.::':.!..~.;!'>/?:3~>~"",'V,,, /;, X , 1996, the Board of County Commissioners, at an open public hearing held in accordance with Section 380.06, Florida Statutes (1995) considered the proposed Changes to 'l'he Woodlands DRI, inclUding the Master Plan attached hereto as Exhibit "A", submitted by the Immokalee Road Partnership; the report and reoommendations of the Southwest Florida Regional Planning Council, the certified record of the documentary and oral evidence presented to the Collier County Planning Commission; the report and recommendations of the Collier County Planning Commission; and the comments upon the record before this Board of County Commissioners at said meeting, the Board hereby makes the fOllowing Findings of Fact, Conclusions of Law, and issues this amended Development Order, inClUding those changes proposed by the Developer, as follows: . A. FINDINGS OF FACT 1. The ori9'inal applicant in 1986 submitted to the County an ADA and sufficiency responses known as ~eomposite Exhibit A, afifi which ar~ by reference made a part hereof, to the extent that they are not inconsistent with the terms and conditions of this Order. as amendes}. The oriainal ADA and th~ application for nronosed chanaes If, 2. to The Woodlands Deve10nment Order and Master Plan aZ'~ 4& in accordance with Section 380.06~, Florida Statutes. .:~ 3. 'l'he real property which is the subject of the ADA and o~ the nl:'Onosed chanaes to The Woodland/i. is l,,:gally described as set forth in Exhibit B ~! the Pl~Baed BBi~ De>",'eleJllRleB.~ };1ee\llleat fa.!" 'i!ha UeeaaaBd~ att~ched hereto '.- f; ?l '-:'1. . .'. , " ";""\ : '..~ , . .; j..: i 4. ~d by reference made a part hereof. 'l'he applicant proposes the development of ~""he Woodlands i'lannei elatE :e&"J'eleplllBE, pursuant to the AQA. and thfC terms and conditions of this Develonment Order OrElinaaea , .. : o. . - 2 - Nords underlined are additional words fltJ!'ltBIE ~.u~!'ft are deletions. Packet Page -125- &."" ( ~. I ..- . ; . .~ -." .,. . . -:: ~ : ...... ~ . ':..~ '.:'d .: .; ",_.: ;.~~;:~ :""::,~ :''I"..~ ~ ~~I....:. ,.':.. ':'~::~ ~, as the same may be amended. 4/26/2011 Item 7.A. The development consists of 500.1.1. acres which includes a maximum of '.5. QQ2 2.0. 0.. square feet of CClIIIIIercial retail on . . maximum of ~ * acres, &S 18 hele !Jelf S'&1a!'ee sn tlPIl.!'SJS:mal;ely 111 ae.!'es, residential development of .L..1M ~ dwelli~g- units on approximately .uLQ ~ acres, 6ftii approximately llU. *B- acres of preservation area. .and anDroximatelv 157. B acres of lakes. onen &Dace. ~ an la-hole aolf course. (7.S aeJ!les af wl!ieh will ~tiftet;ia!l. far \.at;et: Il\aflage!lel'll; aeteft~ia1'i pltPpsse:. The general plan of development is depicted on Exhibit ~ attached hereto and -DH" sf said 9M4:Bsl'lee Be; 'i'S, inc.Orporated herein by reference, although the acreages referenced therein and stated herein may vary somewhat to accommodate site conditions, topography and environmental permitting requirements. S. A comprehensi~e review of the impact generated by the development has been conducted by the appropriate County departments and ag-encies and by the SWFRPC. . 6. The Development is consistent with the report and recommendations of the SWFRPc submitted pursuant to Subsection 380.06(11), Florida Statutes. The development is consistent with the land developm~t regulations of Collier County. The development will not unreasonably interfere wi th the achievement of the objectives of the adopted State Land Development Plan applioable to the area. The development is not in an area designated an Are~ of Critical State ConceZll pursuant to the provisions of Section 380.05, Florida 8tatute~! as amended. B. CONCLUSIONS OF LAW ~ 7. a. 9. NOW, THERB:FORE~ BE: IT RBSOLVED by the Board of County Commissioners of Collier County; Plorida, in public' meeting, duly constituted and assembled October 22, 1996, that the Development of .3- . Words nnderUned are additionlll Words e~:FIl~1 ~ell!rh are delet1ans. Packet Page -126- ~'-I I . . . 1 Regional Impact Application for Development: Approval as 4/26/2011 Item 7.A. pursuant to the Notice of Proposed Change submitted by the Immokalee Road Partnership is hereby ordered approved subject to the fOllOWing conditions in response to the Southwest Florida Regional Planning Council's reco~endations and the commitments specified in the ADA and NOPC which are hereby' adopted as conditions of approval of this Development Order, ,eo long as they are consistent with the terms and conditions of this Development Order, as amended: 1. DRAINAGE/WATER QUALITY: The applicant has !J~~eBea reoel ve~ a conoentuat. surface water management Dermi t from the South Florida Wa~er Manaaement Distriot. at.tached nereto as Exhibit "CII. system t:hat is seasepl:;lial is 1"latl!iI!'e at: ishis H.llle. A snteial selllpsaeBt _ ef EMs seo;."el9f5lllem: uill se :Ln the dcEe~ftaEieft af the diBeaa~ elevutisas fs~ taB eaBt~el st~et!~as ass ehe ~~ese sleli~h " e~ssiftg esa7ey&Bees. ~e aMIlia_a; p~~eses to ill\ll~e',"e 8fia pessisl:r !!'estsre te seme seg;l!'ee, the ~Mste!!'!e" hyd~e,pe!!'!ea sf this site aEiser year/3 sf BeiH! a~."el!'sely iBflliEaees. BY maR's astivit!ea. HSB!tedftg aetb~Ues al!'e still sa !J6iBg uitoM.a ~hc s!teJ asly llae!!. these tests all'e eSlII!Jletes ecm the pl!'epal!' s~ruet~es (aRa ele7st!sfts) se im~lemeatca iate the fleal /31:1:!!'fsee 1maer 1llH.~emet1t! e.esi!f!l. ~el!'eESl!'e, mere de~ailea iafs~tie1"l will 1"lees to se p!"s'.~ides tM~k the develepmeftt .!'c'.~e" preeees te asS\H:e that t.he eeasepas &:T:e sdfterea as emS. ~8&~ Euili:l:UeRaI BEi'.1eee !t'eg'isaal !~ast 'rill aet eeS1:lr-. P1:lrtHel!' iftfe~tiea is fteeesssr-y' is sl!'se!!' ts ~]!'evide a ~ll a&al}~!s sf i~aets. Conditions~ "a. The surfaoe water management system. shall implement the design standards and water - 4 - Words wderlin~ are additions/ words .E_!Il1 We81l!k are deletions. Packet Page -127- I 1 b. quality ubest management practices" c 4/26/2011 Item 7.A. in the application for Development Approval, response to Question 22 Drainage. An ongoing monitoring maintenance and sampling program shall be designed by the Petitioner subj eel: to review and approval' by NaEural- ReselHrees lfeagemel'lE BeJla~tl!l.est! (lmlIB}..tml . DevelqDment Services Dena~ment IDSQl aud the ~r Florida Department of Environmental RClfUlat.:Lea Protection to determine concentrations of potential pollutants in the parcel's lakes, preserves, and groundwater. The details of the monitoring program shall be mutually agreed upon between the Petitioner, the HRM9 Develqoment Services Denartmen~, and the Florida Department of Environmental RelfUlat:!eB protectioq at a date prior to the commencement of site development. Details of the monitoring program are hereby incorporated by reference into this Development Order. The monitoring program shall include: 1. Surface water in lakes, cypress preserves, and other retention areas; 2. Groundwater monitoring of selected locations; 3 . Lake sediment monitoring; 4. A sampling frequency adequate to allow assessment of Pollution; 5. If any violation of the State water quality standcttds are attributable to the development, the causation will be modified or stopped (if deemed necessary to ~ the Develooment Servicell Deoarl:ment) and 'remedial action taken . - 5 - Words !.1l1derline.ll are additiDnll, words tI tNell ~Hell!h are deletions. . Packet Page -128- . . . '" ., and, 4/26/2011 Item 7.A, Ii _ __ the upon request of DeveloDment Services Ilecartment., more intensive monitoring will OOcur. Lastly, if during this. monitoring program a wellfield protection ordinance is adopted by Collier County, ~he Woodlands shall be subject to the more stringent of the two programs. Storage of any substance identified in the EPA Toxic Substances Control Account List (Chapter 40, CPR 261, also adopted by the State as FAC 17-30) must be in the faoility and the location subject to the approval of NRHB t1m D~velQDment Services Decartmen~ and Water Management Department upon oonsideration of the recommendations of the Water Quality and Pollution Control Department Director. Storage of such materials in aboveground and underground tanks shall conform to the minimum requirements provided in P.A.C. 17-61. A Spill Prevention Control and Countermeasure Plan for all above storage and underground tanks shall be apprOved by the. Water Management Director and NRM9 the DeveloDment. Services Deoartment Directot; considering recommendations from the Environmental Science and Pollution Control Department Director. In addition, all golf course maintenance related chemicals (i.e., pesticides, insecticides, herbicides) shall be stored in an on-site facility that is located and/or constructed to prohibit accidental contamination to the proposed proj eot wellfield in the northeast portion of the site and any potential future c. .6- Worda lmderl:bte,d are additions, worcis tK:!'Ilall e~all. are deletions. Packet Page -129- '.. 'I regional wellfield within the 4/26/2011 Item 7.A. Cor__ d. aquifer system. The applicant shall coordinate with the Florida Department of Environmental Regulation and Collier County in the off-site storage of any haZardous waste, as defined in the Collier County Hazardous Waste Assessment, that may be generated by any businell;B located in the , Commercial portion of The Woodlands DRI site. This may be accomplished through the use of restrictive covenants or some other type of deed stipulation deemed appropriate by Florida . Department of Environmental Regeladsn ProtectiQn. e. The Development Order shall prOVide that prior to project construction, the developer will provide the information and off-site ~ mitiaation specified within the South Florida Water Management District (SFWMD) ~~aet ~BeSSme!lt i!'!!!,e:!!"t te "ile BPmm, GWPRrs Ma . eell1e~ See!;;)" fer !!'e-rielr ana tilat a CSBsephal Surface Water Management permit .t.Q. SFWMD and Collier Count~ saall se est!ail'lsli fPem tfie SP;~m. C~l~ie:r SelftftlY'!1 l'eYieu sl9.a11 ea esssaetaa aeee:r&!:eg sa tke pi!'a~...isieftS e:: QapEel' 389. 9~ C19J , Fle:dsa StatllEea i:: =e~esEea By Fla~ida SepaFEmeee ef ee~S!EY Mfabs (l;lSl'.', StRl'G staff, a~li allP:E'epaatc €e'llaty BeflH'tlftents. f. This nroiect Bhall cOllIDlv with Collie:!:: Countv's Wellfield Protection Ordinance. as the same may be aCDlicable. Saeala Sallie:: CelinE}' aeeise tha~ a Beu Elsety lliae el' regianal 11e.llfJf.ela is te se leeatea u:ltkis EAI!: . 7 - . Words 1U1der1in~ are addit:icns/ words 8t!ft!Jl (;U81l!h are deletions. Packet Page -130- . ." . . ."', 4/26/2011 Item 7.A. <:eral Reef .1J.l!UifeF system, the!'. the WE.-__-,.ae ~ejesta 8aal1 se s~jeet be lafta ase ge~~els, !'elf seUftfe !!'esta!!':i.eUeBf!l a&a er~UBaneeG Hlllellleftt!ea sy SelUer Ele\tftEY fer taae ~ea ,.;s.de !!~eeeeU.eB. ef Eats wellUdd. g. '!'he applicant shall coordinate with the owners of the southern adjacent outparcels and the South Florida Water Management District to ensure the integrity of the preserved cypress flowway. All subsequent surface water management permits for these two outparcels shall reflect this coordinated effort. h. ilehUea a:lse eaisage !!lans shall be SHSllliEEe:a 68 the SeHfity ~iaeer fer ~~.ieWT Ne eeaSE!l'U.eUes. lile!!'lllha ahall ),8 ;LaSHed lHllesB- ana lUlUl a!llilil!'s'.'6l sf Eae !lF9psse:d eenetrHetaiea :La aeee:!'B~Bee wi~h taRe seemiEtca !lIana is ~&ftt:ed by 1:he Water Uea!Jellle!le. ~d.~8e~' Beard and Eke SeUftEY S&gts.eer. .construotion Plans have been reviewed ang aI)croved bv the South Florida Water Manaaement Distriot for the water manaaement svstem 011 site. All construction shall conform to th~ a:DC~ved 'Dlans. as the same mav be ame~deq from time to time... 1. Construction of all water management facilities shall be subject to compliance with the appropriate provisions of the Col:l.ier County Subdivision Regulations. j. An Excavation Permit will be required for the proposed lakes in accordance with ~~ll!c~ Ce1:Ulty SFeUaBnee He. se 21S, as aMe!ided By G:!'dis.enee 83 J, aRa as May se _eBsed ill. l:hc ftltare. Division 3.5 of the Collier County - 8 - Words wderlineg are adcUtionaJ words IIIE~eII; Iliaoellp are deletions. Packet Page -131- '''1 Land Develcmment Code; 4/26/2011 Item 7.A. k. Sl!eali 8!1. "l:llUlII&ea legal 8ask HI' eftUE~." fs!.' the ~eli St:ll!'fae~ Walse= !lanageRle!l.t Syseem 8e ~e~iFei 8)' say etael!' l!'egi8ft81 e~ staEe ag~ey , iske B&".~~lSJler uU1 se ~eBpl!lBs:Ysle :sr ~l!'e.~~! all EaB ReeesB~ 5el!lHmeaEs ES esaael!sl\ a JlB!!'pe.eual ~anJ B!s1sd.8E ~8r ~I!fe~~ Bf ~Ae syseeRl, eli 8:!l. e.e~e': eapitaal fed fs!!' !M.uialadmiMsE!!'aU.Bft &Rd epe!!'ati~ e5f!1eBses, all EB Efte saEisfsstisa af the . ~ CSt:lBt:y Eftgiaeer eEl Set:lfH:y Atte!!'sey. ~~ Construction activities on this project shall be coordinated with construction contracts to implement improvements to the Cocohatchee Canal (CR 846 Borrow Canal) by the developer in accordance with the recommendation of the 2981 Gee and Jenson Hydrologic Report NO. 2420, prepared for the Big Cypress Basin Board. Said c~l illlprovements shall be limited to the canal reach along section 21, Township 48 South, Range 26 East and two (2) designated farm crossings in Section 20 unless previously completed by other parties. fth-.L., When required by the County, the developer agrees to contribute his fair share on a pro- rata tributary area/run-off volume bas~s to implement the canal improvements to serVe the remainder of the Cocohatchee Canal watershed. 2. ENERGY: The proposed project would be an all electric development and would increase the energy demands of the Region. The applicant has committed in the ADA to provide a variety of energy conservation measures to reduce the impact of that increased energy demand. . - 9 - . Words underlinl!ld lire additiCDIII words I!IE!!'IUM ~ are deletions. Packet Page -132- Provision of a bicycle-pedestrian system to be placed along arterial and collector roads within the project.. This system is to be consistent with applicable county requirements. b. Provision of bicycle racks or storage facilities in recreational~ conmiercial anc:l multi-family residential areas. c. Cooperation in the locating of bus stops, shelters, and other passenger and system accommodations for a transit system to serve the project area. d. Use of energy-efficient features in window design (e.g., tinting and exterior shading). Use of operable windows and. ceiling fans. Installation of energy-efficient appliances and equipment. Prohibition of deed restrictions or covenants that would prevent or W1necessarily hamper energy conservation efforts (e.g., building orientation and solar water heating systems). Reduced coverage by asphalt, concrete, rock, and similar substances in streets, parking lots, and other areas to reduce local air temperatures and.reflected light and heat. i. Installation of energy-efficient lighting for streets, parking areas, and other interior and exterior public areas. j. Use of water closets with a maximum flush of 3.5 gallons and shower heads and faucets with a maximum flow rate of 3.0 gallons per minute (at 60 pounds of pressure per Square inch) as specified in the Water Cbnservation Act, ~, . e. f. ~ g. . h. . Conditions: 4/26/2011 Item 7.A. a. - 10 - Kords 1.UIderlineci are additions I words et;!!UsJr l:MSll!& are deletions. Packet Page -133- . "' ~, Chapter 553.14, Florida Statutes. 4/26/2011 Item 7.A. k. Selection of native plants, trees, and other vegetation and landscape design features that reduce re~1rements for water, fertilizer, maintenan~e,.~d other needs. Planting of native shade - trees' to provide reasonable shade for all recreation areas, streets and parking areas. m. . Placement of trees to provide needed shade in the warmer months while not overly reducing the benefits' of sunlight in the cooler months. n. Planting of native shade trees for each residential unit if native shade trees do not . 1. exist for each residential unit. o. Orientation of structures, as Possible, to reduce solar heat gain by walls and to utilize the natural cooling effects of the wind. p. Provision for structural shading (e. g. , trellises, awnings, and roof overhangs) wherever practical when natural shading cannot be used effectively. q. Inclusion of porCh/patio areas in residential units. r. Consideration by the project architectural review collWllittee (8) of energy conservatioD Measures (both those noted here and others) to assist builders and tenants in their efforts to achieve greater energy efficiency in the development. 3. FLOODPLAIN/HCRRlCANE 'EVACUATION: The Woodlands DRI location has a natural elevation of twelve to fourteen feet above mean. sea level and is well beyond the expected flooding areas of hurricanes in categories one through three. However ~ the proj ect . - 11 - Worda underlined lU'e additiOl1llI words eenek 1;M!"1I5B. are deletions. . Packet Page -134- . . . 4/26/2011 Item 7.A. area is on a major evacuation route for the county and one mile east of an 1-75 interchange offering excellent access to and from major evacuation routes. The potential for on-site public/common areas to be used as public hurricane shelters would provide a use of regional benefit. Condition: a. The applicant shall meet with Collier County Disaster Preparedness Officials to identify those public areas that may be used for shelters in the commercial portions and/or golf course clubhouse of the project as storm shelter and/or staging areas. 4. HISTOR.lCAL/ARCHAEOLOGICAL : No historical or archaeological sites are. known to exist on ~e WOodlands DRI site, however, a regionally significant burial site is located immediately east of the site"", aBa ese prejeet area has 1!le".'"E!r seea s\tJ9jee~eB te a eysl:emaUe Ilrafess!S:Ral s~..ey. Sasea ell. Balsa f~eRl'eR'r.l!!'eall\efl.tally s!lII:I.la~ Heas ia ~ Callier Clee.ty, it is l!]eely Ehae sites ,fill :Be fatlna \N.l:kiR the pI's:; eeE. The BeflaEtllel'1l: af Bi!.ake, 9i viele!!. sf 1k:!reh4. i."8S, Hiseszy eB ReeeMIl Manage_at - enprsssea sWIer eeaeerfts. A survsl!: of the site. reviewed by the Florida Denartment o~ State. Division of Ristorical Resources. encountered no cultural resources on site. The only notentlal which area may contain 'archaeoloaical resources is. a small area of cvnres~ located within the - wetland nreservation area. - These resource's. may .oacur . within an area of deeR ._ muck de'OoeH.. ' No' imcaets are 1:)rotlosed' for this .GiL. Conditions: Words underlined an additiona; words sbuslE liet!ail!Jk are deletions. - 12 - Packet Page -135- I.", ~ a. A eystcmatie prefeseisBal 4/26/2011 Item 7.A. 8a~ey sh~.~ saRies eat wieMa all &Fea19 iaeB~ifies as liJEely te eSBta!li hieteFieal,'arehaeelsg:ieal siEes p:r;.el!" Ee sell1ftleneemeM ef eeftSEJ!'ilet!SB. . Ce!1lies af tke ear\"ej' shall 19s seM te the State :DivisisB sf MeMves, EftS Gellier GeHIlty 5mB:> azul stWRl'C. Beth Ehe sHlWey !lle1!hea a!ia the ~epel!"~ shall be :revi~rea ana ~~~7ea BY the StaEe Dh"'isiaa af Mefti~.'es ana Se1lier OSWi1:o~{ NaEl1ral RCSSllrecs Uasagclfteat D~a~EmeftE, alia this shall Be seae p=ieF to any 1 ana eleaJ:ing SF greund li:iatl:1!1!:'BiBlJ ast!vitiee. 'nie pe:!'semiel e~ ag:esey perfeZ'ftlialJ the e~'ey shall Be aJJ!l~e.."es BY the State :91...181el\ e:: MeMo.,ss aHa Ese lJe.tl1Z'al ResSlHrees lIaRagelftBBt DSl'arElflsst. All ~eeemmeliaaEiens ~. Ehe ass'~ effieee shall Be iaee~eRtea iate a J:)evelB!llftent Qracr MeE!.Smsat fellelring the !1l~eeeaH~eB estal9lished ia ChapEer 389.9t, F. G. lit . .s.... 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 State Division of Archives and Nael2'al Resel:1!1!'ses Ifana!eflleat Develonment Services Department notified. Development will be suspended for a sufficient length of time to enable the Nataral Resea:rccs 1Ia.."1el!JelfleBt Develo'Cment Services Department or a .designated consultant to assess the find and determine the proper .course of action in regard to its - 13 - Words underlined are ildditions, words stl!'UelE \;ftI!BII!1l are deletioDs. . Packet Page -136- ~'-l I salvageability. The Nat:l:llfa:' Res 4/26/2011 Item 7.A. . Management Develonment Service~ 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. Evaluation of a historical/archaeologiCal site shall include but not be limited to its determination as a site of regional or local significance, impact minimization by incorporating the site into preservation or green space areas, or other mitigation actions. b. The State Department of Archives and the County *RMB Develonment Services Denartment shall be provided access to the project for monitoring purposes any time during the life of the project. 5. TRANSPORTATION . a. GENERAL : The Woodlands DRI has direct access to Immokalee Ir Road (0. 846) ~ ana l.":i.ll aao.'e ai~est. assess te Eae ~~e~eBea a~e~ial reaa eft the east.e~ seanaaZ}' e~ the WeeBaaaas cenneetiftg Sarrell ReBa ee OR adS. (1) The Anplicant. its Successors or assions shall he fully reanonsible for site- related roadwav and intersection inmrovements reauired within The Woodlands DRI, The Atlnlicant shall ~ xeauired to Dav its nrooortionate share of the cost for any intersection . imDrovements ~{iqcludina. but not limitel1 .to.. sianali~fltJ-on. turn lanes. anq additional stde street or driveway - J.4 - . Words l111derlined are additions, words ~: tS9a9k are deletions. Packet Page -137- l.'-I ! \ . "., 4/26/2011 Item 7.A. throuah lanes) found to be neceS&arv ~ Collier County for the Dro~ect'B access intersections onto Immokalee Road. ill For purposes of this section, . IIsignificant impact- is def:!.ned as when the project traffic on any road segment/ intersection equals or exceeds st fer id'u: I.e-~:el sf Se!!'Viee "an ::SlF saia rsaal#6y se!JllleM/ifttseZ'Beet:!e!!. SR an atmHal tr:e3;age saily ee!!.l!i;i.EieR. of LOS D. Deak- hour. oeak-eeaeon canacitv of the roadway/intersection. -fZl1- .ill. The Woodlands development is predicted to have a "significant impact" on the following roadway ~I segments: Lee County: Bonita Beach/Ca~cll.Road; - I-75 to CR 887 Collier County: . CR 951. - Immokalee Road to Bast Cellie!!. Gate BeHle.~ra Vanderbilt Beach Roaq - Vanderbilt Beach Road to Pine niEi!"e Read Golden Gate Boulevard Immokalee Road: Ceealette Reaa te ~.S. 4~ Goodlette Road to Airport Road - Airport Road to Livingston Road .extension Livingston Road extension to I-75 - I-75 to Oaks Boulevard - Oaks Boulevard to Woodlands main access road entrance - Woodlands main access road and CR-951 ~..w. Tbe following intersections are J.5 Words underlined ll~ additions r words stwllll t!S~&Q"k are deletions. . Packet Page -138- . . . "'., -f4+ ill ~-f ~ill 4/26/2011 Item 7.A. predicted to be "signifi(.~II...y impacted II by l:4:-he woodlands proj ect : Immokalee Road at Airport Road 1mmokalee Road at Livingston Road extension Immokalee Road at 1-75 Immokalee Road at Oaks Boulevard Immokalee Road at Logan Boulevard extension Immokalee Road at P~[laBas SeatR aeeess i!'eM Pro; ect Entrance Immokalee Road at CR 951 CR 951 'at West Caldea SaEe Beal~~ard Vanderbil t Beach Road Immokalee Road at Goodlette Road Ai~erE Reali at ~~aerBilt Beaeh Read AiJ!'lle~t Reali at Pille Riage Read ~iac Rilige Reali at sa 9~1 The Woodlands actual impact on the road segments and intersections speci.fied in (.a J.) and (a-~) hereof and the servi.ce level of each of the above referenced road segme.nes and intersections shall be empirically determined by the County using the monitoring reports required by CONDITION -{# 5 .b. (s) . The County has adopted a Road Impact Fee Ordinance, Ol!"E1:!.!l.BBae Ne. as ss and th~ developer, or its SUccessors in interest, shall pay the lrimpact fees 11 specified by said ordinance for a.ll development in !-the Woodlands. These impact fees, together with that portion of gasoline taxes and ad valorem taxes Words'lmderlined are additions; words stl!U.eIl; I:Mea!fh are deletions. - 16 - Packet Page -139- ~1 4/26/2011 Item 7.A. generated from the project aL~ ~~~ inhabitants and programmed for road improvements, tS!JeEae:: 'liE!! t;hc . dedieal:!eR sf .right sf w~. BIlee!:fieEi as OONaITION (2) and oomnliance with the oonditions oontained in Paraa-rach S.b., shall mitigate the transportation impacts reasonably attributable to :r~he Woodlands ~J.2l development. An analysis of the County's proposed schedule for improvements to the roadway segments and interseotions significantly impacted by 1:.e.he Woodlands indioates that the local government will be able to provide the transportation facilities at the ", approved level of service Rconsistently" with the development schedule for The Woodlands as set . forth in the POD document, with the potential exceptions of that section of County Road 846 from I-75 to CR 951.........:!1m aHa that section of Bonita Beach/CaErell Road located in Lee County has alreadv been iTllDroved by Lee Countv to four lanes divided. (i) By adopting this development order Collier County is making no commitment to improve Carrell Road or any other road in Lee County, however, CONDITION (4) shall be applicable. - 17 -. WoJ:ds undl'!rlined are additions; words sl:lNe]l ~e~h are deletions. . Packet Page -140- "', 4/26/2011 Item 7.A. (H) By adopting this Devel"'.t'.......... Order, Collier County has . determined th!1it if the with developer complies CONDITION ~~, it will have made adequate provision for its impaots on the roadway segment of CR. 846 between I-75 and CR. 951.. ~lll Collier County, has estimated the time frame in which each of the road ~I segments/intersections significantly . impacted by this development shall need improvement to maintain the requisite level of service adopted by the County I as the same may be amended from time to time, and has ascertained that it can provide the transportation facilities consistent with the development schedule of The Woodlands,~hBowever, the County makes no guarantee to the developer . that said roadway segments/ intersections shall not fall below the requisite level of service in spite of this commitment of the County to provide said facilities consistent with the Development Schedule. ~m.. By aocepting this Development Order I developer understands and agrees that, al though the proposed schedule of the County for improving the roadway segments/intersections - 18 - . Words underlined are additions/ words st!l!'Hell t:e!lllga are deletions. Packet Page -141- . ~, significantly 4/26/2011 Item 7.A. impacted b~ 4ne Woodlands would :l.ndicate that it ,will have the ability to keep the necessary transportation . improvements at the'requisite.level of service consistent with the development schedule of The Woodlands, the County is not gUaranteeing the same to the developer and developer understands and agrees the County shall not be liable to developer for its inability to have said facilities available consistent with the development schedu1e of The Woodlands . b. CONDITIONS: ~r -fit- !!1I.e ~plieMl.t shall semit B:B ansaal meai~eziBg repert te the Sallier Se~~ty Img:!.aeeriBg BE!Ila:rtlft~, E!!'Jllier SeUftty . MPO I FOOT, ana the Seal:aueat FIeriaa negieaal Plamriag Catuleil for re'"T:.e\T. The fi~= meaiterieg r~e~t shall Be saemattea at the time af the iasHaBee af the fi!!'a~ ElerEifieat:e af OseapaBey =e= fie'\, el~lBc!l.t at The Ueaalanas , R~ertB ahal: se SHBHlitstea flfH1\1ally thereafter UBE:.I ~ilaeat af ~Se prejee~. The reperts, at a Hdnilfttilll, shall seMa!.!'!. t.raffic aaets t~Ee!l. at the asaess peil'tts . te the site eEl tllft1iB!J 1II0".i'eme:ats ta eaeh of she iaterscetaaas listeEl ia a(2) eave. (2) The ae'.-eleller shall aeEtieKe right af uay - 1.9 - Words underlined are additions; words S~Nl!IlE ~HS\l!,k are deletions. . Packet Page -142- i ""., . ~, . . 4/26/2011 Item 7.A. ale~ the seaterB selHlEia1'Y af tftS 191'e:1 eet te se R~ilised as ~a~t ef tse SSHHEY'S fatt:13!'e arterial Be~we1E'lE system. The Ei~lepe~ saal1 lieEiieste 6Bat:1gfl. id~ sf way sa ekat 1:ae Gleaety uHI aEY."e 129 feet sf !!'!.!JRe sf '#flY f:!'elll Cle~y Raad e U; ts tae BertRem prej eet sS'l:H!l.aary, E~Ei:a.g !nte eeftSideJ!'atiea 1:al! en:l.skiB!J J 9 feet easelllsaE ell the \test herlie~ sf Seetiell ::l:a fer ~rs]amate:ly tae first eRe half Illile ell the sSaERerly pe~isB af See1:ieR 22. (3) 1..1tRe\i~ illlpaSE fee pl'l}'l!te!ftt.s are gcaerally reseZ\'ea fer selleetiea at tae time sf Bt:1ildieg pe~it. Ei~~l~er shall IlElj' i~aet fees fs!!' eke 1'esiaeatial ~EB Ilrejeetea 1;8 he eeaSEFlieteei uithiR I:.ke: HCJEE tea }'ear perted (claia!' the I?UD phasiflg pllUl.) if tlle fSlle"iB!, aeelira. (i) tllat parties ef SR Ba~ BctweeB I 7~ aBa em 9~1 eneeeas 1.e....el af Elerviee: nc" sa erveZ'age sBflUal Se:.ly ceaEii.ti8a, lHld (ii) The weadlanEis tra=fie, at that tillie, eeftB~itliteB st ar mere sf the traffie ea saia rsaauay segmeaf:1, lHld Ciii) t;.ke SSlUlty is preJ;larca 1;e eater iftoto a eeBt~et fer fe~ laaia~ sf saia rsaEluay segHIeat. (1) (i) If Levell ef Se!"riee "e" sa an a7era~e an&l:lal daily eeBa!tieB fe~ aBY z-egieaal reaEl\Tay Begme~/iate~seetieB iEicBtified hcreiB is eneeeEled aaEl prej eet traffic eaiEl ell. rea Ell:a)l' 20 - Words underlined are additions; words st!flleft 1!e:e~A are deletiOns. Packet Page -143- i ~, -Sf Bagmcftt/i~erseetieR 4/26/2011 Item 7.A. e~als er euseeas st af ~Ae 1.evel sf Sen-lee he" servise ve~"tlftle (l:lEilisin!J . gefteralises. s e!!'\l'iee -.-e11i!lles as eseelisaea hy mOT), afta (a) 'l::ae reaeuay ill\}9:re,;cmeRl: p.eeeesary t:e rO~l:lni te Le".-el a:: Se:::-.-iee "e" er llettcJ!' eeBsitiea, is Bet pre!Jl!'amIllea ea t:he apJIlieahle noo Sl!' QalH.er Cel:laty five yea:r t;:!'affic imp:r: Si,-emeR t: plaa "ita ideB~ifiea faBliiBgl er (11) if sueR ~=egl!'ammed i~l!'eVemeBt is deleted f~em saia f!7e year t~a::fie i~l!'eveme~ pl8ft; er (e) if fb'e }"ears pase uieasll-t t:hc Bta:rt af eeaetFaetiea sf saia .ilft!lFe"."ellleftE I el!' (a) the le-.-el e:: se:A-iec sa a:RY . s a i a reaa\lay segtfteBt./iRterecetieR eJEE!eedB le-.-e1 af sen-lee ":e" ea aft anRl:lal aV~~ge daily esnEiitiaB pl!'!er te the eenstl!'laet.iaB e:: the !,Fegl!'aftlllleel ~re-.o:eR\eBt I theft a s1:15staBtia:!. ae'.~atie:a e!<lall be aeemed te have eesl:lued. Tae ae-.""eleper may sOfltY1:le ae-.-el epllleat D1:1betaetial EHiriBg said deviat!eB DRI reo-rl eu lIBEl I aft amentir::el deo-.1eloJilmeat el!'aer is issued, - 2~ - Words underlined are additioDB; words SE!!'l:I.~l tkJ!~ll are deletions. . Packet Page -144- j ~" , ~re'.riEiee. that the alliCf 4/26/2011 Item 7.A. a~~e1s~m~ srae~ is !ss~ea . ,d thin aut (,) maMhs ef the ElaEe sf Bel:iee t.B=E a D1Hls1saBt!al ae".-iatisB Bas eSe:l:l!!'rea. Fel:ae~ aevelepmeftt 'Iill se s~hsriS!eli afta asaaH,ieBea BY tae =iBa~ amenaed. ae>;."elSl)meat: eracr. (ill If Le-..el sf Elerviee de" sa aft a~~rage ansaal aaily eaad.itien far aay regisrla:!.. rsaauay segmeBt/iatc!!"seetieR iEleRtifiea heJ!'eiB - is eneeeaea ana ~rej eet traf:fie sa saia reaauay aegmeRt./iMElrBeetisR el!lia1s or ~teeedB ~9\ e= t.he Level sf Eler<-iee "e" va lame (l!!:.ilieiag genei!'alieea ~ Ben iee ".-slame as eataJ:llishea bJT . FOOT) 1 aea (a) the realiway i flip re-.-elllent neeeBSSZ)" te J!"etUfii toe le-.'a1 af servies a SE' eett.er eSBaitisa ":'s Ret ~re~!Hftfftea eE. tRe ~~1ie~le UPO er Callier C01::lftt:r t.hree yeM tJ!'sffie imllze-.-emeat plaa "ita iaeatifiea feaaiB!l .s~ (13) if Baek plE's!rsmRlea illl!'i!'e-J'elllents delet.ea fram said three yeti' traffie 1~ra7emcBt !lIaR, or (e) if tm-ee years pa9s ll'itheut the start af eeftBt~etieB sf said. imprevellleatl sr - 22 - . Words underlined are additions; words stEllelt ~ell.gk are dsletions. Packet Page -145-- j I", , <}l .l (d) 4/26/2011 Item 7.A. the le".re: ef se:rviec ea --...~ S aid J!ead\tl!l.}' acgmeat/iBterBee~ieB ~[cecdB . Le~~l sf Gerv!se "~n SA an anaaa: ave~age daily eeadit!ea priez te tae eeastzuetieB ef the pregr~ed !~~e~eme~} thea a BHBs1!an40ial ac\-iatisB shall he deellled te ha-"e eeeUl'~ea. The ae"...el~~ may eeMi:aHe aeveleplfteftE tiuriB~ said de":ia1de!l. SRI sHBstantial re>:ielt liMil afl. EHlIe!u!.ell de?.relepllleRt erae!!" is issued, Jilze....itied taat Eae aftIended sev~lepmeat erser is issued withia s.il[ (E>) llleat.fte ef Ehe sate ef aetice eMI;. a allbataBtia: . sevial;.is!l. haa occurred. Farther de.:elS!l1M:ftt ldll he autherized aBd coaaitieBea BY EBe tiBal EtlfteBSea Eie"l'e:~llleat eraer. ill Based on the transDortation assessment of sianificant n:ro; ect imcacts. construction of the transcortation following imcrovements or acceotable substitutes or alternatives shall be needed coincident with. develooment or" The WoocUands DR!. if adoDted level of service conditions are to be maintained. throuah Droiect buildout sianificantlv imoacted on .reaional road seamentB and intersections: - 23 - . Words undl'!rlin.ed are additions I words S"1!'Il9 tMell!ll are deletions. Packet Page -146- . . . . "'" Immokalee Roqg C.R. 95~ to Airnort Rocag Airoort Road to Goodlette_ Frank RoE\.Q The Woodlands to 1-7~ .c.R.. 95:1.. Immokalee Road to ~lden .Gate Boulevar_ .Immokalee Road to BoniQ Beach Ro~ Livinaston Roac;i Immokalee Road to V~der- hilt Beach Roa_ Bonita Beach Roag 1-75 to C.R. 887 4/26/2011 Item 7.A. Four Lanell! Four Lane~ Six Laneli Four Lan~ Two Lane~ .1or alter- natiW'! im- Drovementl 'l'wo Lanes Four or S~ ~ 161 The aODlicant shall mitiaate its imnacts .on the recrional and local roadway sectionA identified herein as followB~ '31 ill The Anolicant shall make the site related imnrovemeIits Bnecified in 1til. The shall I.'luboaraaraoh 5. a. (1) hereof. ADolicant nav itlil Dronortionate share of intereectioA imDrovements at: its access Doints ~ lmmokalee Road as sDecified in suboaraaraoh 5.a.(~) hereof. (iii) The ADDlicant shall he sUbiect to imcact fees.. all lawfully adooted transDortatioI! l1xl..The Anolicant shall he suhiect t:2, the Concurrency Manacrement System Qf ill The recrional the CountV' as set forth hereiIt:.. roadway seaments aty;! intersections on which this Dro;ect will have sicrnificant imDacte are . WhOll: .24 - Words underlin.sm, are additions; IIords St:wel~ NRell!J& are deletions. Packet Page -147- j "'" 4/26/2011 Item 7.A. within the ;urisdiction of Collier County for nUrnoses of CODCl1rT'encv manaaement.. POuntv 4as ms~. the d'O~sion to Dl~ and manaae the imDacts of this D 1 . .The for t:hrouah its duly adonted comnrehen,siv~ Dlan. The County has considered t:h~ reaional roadwa,v seam~mts and reaionaJ, roadwav intersections set forth iU Sul:lDaraar~nh 5. a. (3) and (4) hereof. ang has determined to recmire the nrn;ect t: be sub; ect to and t:o eomel v with the Concurrencv Manaaement Svstem (CMS) 0:' Collier County as adoDted in its Growth Manaaement Plan and imclemented hv the Adeauate Public Facilities Or~4n~c~_ No. 93 -82. a cqnv o~ eAPF) Ordinance ." which is attached hereto .as Exhihit "0". After due consideration t~. of alternatives. the Countv has detemined . that to reauire comDliance witb ~oncurrencv as mandated hv the eMS. tn add! tion to the other mitiaations reauired in this Section 5 hereof. is the aDnrqoriate !<sv to S""""""",,st. thO this croiect and to assurf! imoacts of .that transPortation facilities ar~ the Drovided concurrentlv with traneoortation imnacts of this oro;ect..... m The Adeauate Public Facilities Ordinance JAPF) reauires the Commul'1.itv DevelqDment; and Environmental Services Administrato~ to Comnlete an Annual Uodate anq .Invent:orv Reoort (A;PTR) bv Auaust 1st of each Year on roads and nublie facilitie~ - .25 - . Words underlined are additiClll.SI worcls Sls_ell ~all~are deletions. Packet Page -148- . . . j "., 4/26/2011 Item 7.A. based on the adonted level of service. The aDDlicant shall nrovide within fifteen (~5) days of nublication each year a cOPV of said AUIR on the reaional facilities set forth in suboaraaraoh .S.a. (3~. and 5.a. (4) to the Southwest Florida Reaional Plannina Counsel and the Florida Department of Communi tv Affairs (oCAI.... ~ The Board of County Commissioners is reauired hv the APF to est:ahlish Areas of Sianificant Influence (ASI) around any :road seament or intersection which is operatincr at an unaccentahle level o{ service (LOS) or is nroiected to onerat~ at an unaccented LOS and is not sCheduleQ for imnrovement in the (CIE) Can!tal 1r lmorovement Element of t~ Comoreheneive Plan in a manner and time which would provide facilities concurrent with the imoacts of develooment nursuant to the APF . Pro;ects within th~ boundaries of an AS1 are. witb a few exceotions not relevant hereto. prohibited from ohtainina furtheJ;: Certificates of Public Facilitv Adeaua~ that Would allow imoacts to exceed th~ remainina caoacitv. if any. of these road seaments or additional imoacts to th~ deficient or notentiallv deficien,t facility. The apnlicant shall notify SWFRPC and DCA within five (5) workinsr davs after receiot of notice of a oubli~ hearina to determine the boundaries of - 26 - Words underline~ are additions; words stlnlelE ~!Kl!Jh are deletions. Packet Page -149- i "'1 4/26/2011 Item 7.A. any ASI that includes any tranSDortatiolt facilities listed in this SectionL ill If any of the road saaments identified in . this Section 5 become deficient. the County shall est:ablish an Area of Sianificant Influence (ASI) around such seament 'Dursuant to or! teria set forth in the APF... ill In addition to the nrovisions of the Collier County APF Ordinance: ill The Woodlands DRI is sub'lect to the SDecified recmirements of the Adeauate Public Facilities Ordinance No. 93-B2 as that Ordinance existed on the effective date hereof. ~ amendment to t:he transnortatio~ Dortions of that: Ordinance ~y 1r Collier County shall not be effective or anolied to the . WOodlands DR! unless and until this Develonment Order is amended to incornorate and render anolicabl~ suoh chanaes or amen,dments to the APF Ordinance.. Jill In the event that Collier County desianates an ASI ~round a deficient road seament that is nredicted to be substantiallY imoacted QV Th~ Woodlands Proiect. and the AS! doe~ not include the Woodlands DRI. then the apolicant shall be reauired to file a Notioe of Chanae of thi~ Development Order with Collier County. the Southwest Florid~ 27 - . Words underHned are a.dditions; words 8~!!'Iiel~ \;M8\l!f& are deletions. Packet Page -150- i ~"'., 4/26/2011 Item 7.A. pursuant to Suhsection 380.06(~9)~ · P1ririds at.~ut.s. 11lli .The annlicant shall file a Notice of .chanae within s!xtv (60) days froTl! ~he date the County creates an ASI Denartment of Communitv Affairsr.. Reaional Plannina Council. and the .for such a deficient road seament that: excludes the Woodlands DRI. The acnlicanr shall file with t~ analvsis Notice of Chancre. a current traff1c and other informatiQn attemotina t.o establish that the DR.!. is not havina a substantial imoact other ;ustification of the Countv/~ Uoon the n~inent road seament. o~ ~, exclusion of the DRI from the AS1_ If an ASI is established for a~ . Section 5 of this Develooment OrdeJ;: deficient road searnent listed :f,.~ that does not include the Woodlands DlU. the DR1 shall not anol, v for ot: .of Public Facilities AdeauaC!V untill be issued any further Certificate~ made hv Collier County. if neither (l) the Notice of Chancre deCision iea DCA nor S~PC oarticinates in the pUblic hearina on this Notice of Change nursuant. to Subsection 380.06(19) (f). Florida Statutes ang the chanae is adonted bv Colli~ Countv. as nronosed: or (2) until. any anneal of such decision to tqe Florida Land and Water Ad;udicato~ . - 28 - Words underlin;d are additions; words etohBI~ t_augh are deletioZl8. Packet Page -151- ~I ; ""1 4/26/2011 Item 7.A. Commission is resolved.... 11x1.. For ournoses of this Develooment Order. the DR! shall he deemed to . have a sianificant imcact unon a deficient road seament if its traffic imnacts exceed five nercent {S") of LOS D. oeak hour-oeak season. cqnacitv of the road~. .M The County shall nrovide the requisite nubile notice and hold a oublic hearina on the Notice of Chanae as exneditiouslv as nossible. Followina a nubIic hearina. Collier Count v shall amend the DRI Develonment Order to- record its det:erInination whether or not the DRt is havincr a Substantial imcact ueon the deficient road searnent or otherwise shOuld not be included . within an ASI for the deficient road seament . In makincr this deter- mination. the County shall includ~ the imDacts resultina from all development to occur nllrauant to the Certificates of Public Facilitv Adeouacv oreviousl v issued to the DRI. The amendment to this DeveloDment Order is annealabl~ pursuant to Subsection 380.06 C191 and Section 380.07. Florida Statutes. .b!:ll If neither DCA nor SWFRPC Dartici:nate in the nuhlic hearincr on the Notice of Chanae oursuant tQ - 29 - . Words underU.I1~d are additions I words BEl."lleir t!e811!JB are deletioDB. Packet Page -152- . . . j '''1 4/26/2011 Item 7.A. Subsection 380.06(l9} (f). Florida Statutes and the chancre is adooted bv Collier County as nronosed. the DRI mav be issued Certificates of Public Facilitv Adeauacv following the County'S Develooment Order decision. If either DCA or SWFRPC Darticioates in the nublic hearinv. the annlicant shall not annl v for or he issued Certificates of PuhliQ Facilitv Adeauacv until the deadline for anv anneal of the Collier County decision has exoired oursuant tQ Section 380.07. Florida Statutes anQ no anneal has heen filed. ill Collier County and the aonlicant mc\y .consider other ootions to nrovide '!r adeauate needed comm1tment:s for imorovements to.transoortation facilitie~ eet forth in Paraar~t)h S .h. (2) nrovideq that said ootions meet the following criteria: ill the transoortation imoacts to the roads and intersections outlined herein shall he addressed consistent with SWFRPC oolicies and said ootions or mitiaative measures shall be adonted in accordance wit4 Sections 163.3220-163.3243. Florida Statutes. which authorize local qovernment develonment aareements or as authorized !:Iv Rule 9J -2; 025S . Florida Administrative Code. ITransnortation Policy Rule) 30 Words l.lD.derlined are additions I woras stoWell tM8tl!JA are delet:ions. Packet Page -153- ~l i "", 4/26/2011 Item 7.A. l1ll Anv such ontion would he imnlementeQ only after a Notice of Chancre nrocedure as outlined above. . ~ The aoolicant. its SUccessors or assione shall submit an annual traffic monitoring- reoort to the followincr entities: Collier Countv. Plorida Deoartment of Transnortation (FOOT). Florida Denartment of Communit:v Affairs (FDCAJ. and the Southwest Florida Reaional Planning Council (SWFRPC). The first traffic monitorincr ranort will he submitted one vear after the date of the issuance of the first huildina oermit for a residential huildincr within the Woodlands DR! . Reoorts must he submitted annually thereafter until huildout of the oro;ect... The annual traffic monitorina renort will contain the followina information: . ill AM and PM oeak hour turnincr movement counts at all site access "DOints onto Immokalee Road and a comnarison of the Proiect's measured trip aeneration to the Pr04ect's trip aeneration assumed in the or1a1na1 DRI anal vsis . 1.UJ.. A summarV' of the stat:us of road imorovements assumed to he committeq in the ADA. includincr the followincr: - 3J. - . Words underlined are additions; words sl!ll!'U.el~ tft!sS1I!J8 are deletions. Packet Page -154- . . . i "'" BQ&1 Eine Rida!"! Road Airnort-Pullina Ro~g Golden Gate Boule'Vard C.R. 951 4/26/2011 Item 7.A. Seamel1t Tvoe qf Imorovemen,t I-75 to C.R. 951 & 4 1~ Golden Gate Blvd. tQ C.R. 846 1-75 to C.R. 95~ lan~ 2 lan~ la~ Golden Gate Parkway tQ East Golden Gat.e. Boulevarq 4 Livinaston Road (North) .c.R. 846 to Lee CountJ!: ~ Immokalee Ro~ Goodlette Ro~.Q. Sant:a Barhara BO~l:v~rd ILoaan Boul v: r rJr ~lUl. 4 - l~ U.S. 41 to r-7~ .Eine Ridae Road tQ C.R. 8i6 4 - lane ~ - lane Green Canal to Pine Ridae Roaq 4 - lane The above-traffic monitorina reno~ in combination with the Annu~l tTDdate and InventorV' Renort (AUIRl referenced in Condition 5.B. (4) L. above. renresents the annual tz-affi~ monitorina reauirements for the Woodland's DRI. The developer shall provide a fair share contribution toward the capital costs of a traffic signal at any proj ect entrance on Immokalee ~ when deemed warranted by the County Engineer. shall be owned, The signalm operated and maintained by Collier County. {€} If faa~ lani~ af SR 81~ in freB~ af ~hc prejee~ has Bet eemmeBeea ~risr to aS7elepmeBE sf eamme~eial sr reeiaeBtial tiaits l.~EhiB the p~jeet. the ae7elaper saall !lre..~aa an eae~Sel:lRa lcf~ tl:l:rn: etera~e l=ae afta weBEsa~a aeeelcraE~oft - 32 - Worde underlineci are additions I words "Z'lteIE Wwau!Jh are deletions. Packet Page -155- j "'., 4/26/2011 Item 7.A. iQfte aE eaah ~rej~et ene~B~ Befere any Certifieates af Oe~aeey ~e issasa fo~ . t:ae 1:mil:s whieh l:ea!a Be using Eaat ~~ejeet eftEraaee. -fT+.11ll The developer shall provide arterial level street lighting at each project entrance. The operating and maintenance costs of these units shall be assumed by Collier County. ~~ The applicant assigned a significant number of Woodlands trips to the proposed Parklands South Access Road from the Parklands boundary southward, in Phase IV (ending 2004) of the Woodlands. & located to the east .lmmokalee Road. This "r consistent with the Parklands South Access Road. is now being renlaced bv an extension of C. R. 951 and north of relocation is Countv's 2020 Financiallv Feasihle Plan. A sixty foo~ . orovided on the west bounQarv of The (60') mad riaht-of-wav is now heing north nrooertv line. Woodlands from Immokalee Road to t:h~ for the Parklands South Access Road. These substitute JJJtl The applicant also assigned a significant number of WOodlands trips to the pl!'e,pesal nroooseQ Livingston Road Extensio~ between Il1llIlokalee Road and Vanderbilt Beach Road during Phase V (ending 2007) . If -t:ltese .t!U& road Begment~ ia not constructed hy the specified Phase, the project shall undergo a determination as to whether a substantial deviation has. - 33 - . Words JJ.nderlined are additionsl words el::nelE t;8I'BQ!J& are deletions. Packet Page -156- . . . j ", ~, 4/26/2011 Item 7.A. occurred. An amended development order shall be rendered after any substantial deviation determination, whether found to be a substantial deviation or not. 6. VEGETATION AND WILDLIFE: The applicant has identified the potential for certain species to exist in preservation areas on the site. The primary issue of regional concern is proj ect impacts to 15 species of birds, 2 species of reptiles and .2 species of mammals which are endangered, threatened, or are species of special concern that may grow, feed, nest and breed on The Woodlands site. Conditions: a. The applicant commits to deed restrictions, upland buffer areas, and cypress preservation areas to protect the endangered, threatened or special concern species. A survey for any eagle and woodstork nesting b. activities shall he conducted prior to commencement of development. Copies shall be sent to Collier County HaM9 Develonment Services Deoartment, the SWFR,pc and Florida Game and Fresh Water Fish Commission. c. All exotic plants, as defined in the Collier County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species.. This plan, which will describe control techniques and inspection intervals, shall he fi.led with and approved by the Nats~al Resel:l:!'ees l!aBa~ell\cm:. Develooment Service..!! Department. - 34 Words underlf:ne~ are additions; Words st;!'Ilel~ ~Sll!ft are deletions. Packet Page -157- ~r j "'" 4/26/2011 Item 7 .A. d. Once specific site clearing plans are submitted, boundaries of areas proposed for development: shall be set and flagged in the field hy the petitioner, subj ect . to approval by ma.m .the DeveloDment Services Deoartment. Boundaries of areas proposed for preservation shall he set and flagged in the field by the petitioner, Subject to approval by . NRMB .the Develooment: 8@rv.i aeB D~"a:rtmen~ . Precautions by work crew supervisors working close to planned preserve areas shall be encouraged in order to minimize wildlife and preservation areas disturbances. e. The petitioner has received nermits from the n.s..... Armv Corns of Enaineers and the South Florida Water Manaaement District which nermits were aiven an:t-e~ ~onsideration of the comments of the shall saeisfy ell staEe (Florida Game and Fresh Water Fish COmmission~ and felie!!'il.l ~ United States Fish and Wildlife Service) Bt~HlaEieftB eeaee~iBg . ~~eEeeEea plant aHa &ft!mal ~eeiesr f. A site clearing plan shall he submitted to the NaElt~al Rese~aeB llaftsgeRIeB.E BepfU'Ement- Develooment Services Deo~ment for review and approval prior to any substantial work on the sit:e. This plan may be submitted in phases to coincide with the deve~opment schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent Possible and how roads, bUildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. g. Native species shall be utilized, where available to the maximum extent Possible in the site landscaping design. A landscaping plan will be. - 35 - . Worda llnder1b!ed are additi~; words s1!J!'IIslE 1!9811!Jft are deletions. Packet Page -158- i ""1 . 1t . . 4/26/2011 Item 7.A. submitted to the Natli!l!"al ROBBlH"eea Uaftage____ De~aFt~eBt ana the CemmliHity D~ele~meftt Bi7isisn Develonment Services Denartment for ~ ita review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. 7. WETLANDS: The Woodlands site contains a total of 358 acres of wetlands which accounts for 72% of the t:otal site. Most of the cypress and a major portion of the transitional wetlands are part of a major slough system which traverses the eastern portion of the site. As a result of plimped. discharges. associated with the agricultural operations 10cated both west and north of the project site, along with drainage improvements such as the canal located immediately south of the project site adjacent to Immokalee (CR 846) Road, the overall site has experienced an altered hydroperiod. presently the exotic melaleuca is diffused throughout the site, but no specific locations or acreages of impacted areas have yet been delineated. The applicant est~~es that li~ tB ~19.~ ae!l!"CB er 33\ sf the commits that wetlands will he impacted by roads, golf cart crossings, lakes and golf course onlv to imolement the annroved Master Plan. attached hereto as Exhihit "An. and only as authorized bv the nermit issued bv the South Florida Water Manaaement District. attached hereto and marked Exhihit neb. As mitigation for wetland impacts, the applicant has committed to a series of mitigation measures such as wetland and upland huffer zone preserve areas, upland preserve areas, lake littoral and limnetic zone creation, exotic invaded wetland - 36 - Words underlined are additions; words 8~E\lel~ te_!fa are deletions. Packet Page -159- j ~'1 4/26/2011 Item 7.A. restoration and hydroperiod restoration. and off-sJ.ce miticration. as more sDecificallv stated in Exhibit "CII. Conditio~ . &... "The applicant commits to wetland preservation, wetland mitigation and water management design presented within the ABA aed saffieieftey aee9meBts \ilMeR M'e iRea~ar~t.ed Exhibit RCn and as deoicted in Exhibit "All as conditions of approval. s. r~iaF ~e ERe im~lemeatatiaR af caek ~hase af Ehe de:o..ela~ftleBE, me_e deEailed iMe:!'l!latieft shall Be s'\H3mi.t:ted 1ae the Ple!!'!dB Departlllent af Eft7irsBmeftEal RegHlatiaR, SFWHD, Dt<7PRl'C, a.."ia C3ellier GetiftEy ImMD far ~evieu, uhieh pra"o-iaes the ::elleuiag iMsJ!'Illatis!.'l. ~ . Ecolsgieal health e!BBditien aaS . funeE!sa af eaeh wetlafta toe Be illl~ael!!ed. .2 . 1l.. mere ~reeise :.EicfttifieatiaR sf \fRiah wetlema ~ a-reas ~::!.11 Be aest~eyea, Based SE. the alge.."e Bun-ey aaa the aPIllicHieB af the ~~spaseEi ~:etlemEi :resa1:l::E'ee mlHlagelfte!l.t guiaeliftes. . :3 . Ristarie 'lake::- levels t.B Be mai:ataiBeEi witbiB ~letlaftEi ~:E'esen.es tB sen'e as a liesi!fR ema. !l!'e"J'ie\il guise. 4. . flora aetailea iafonnatiaa S!l. he'll the waEer !lla:ft8gement. systetft uill maiBt:a:i:a hiaterie \fate:: le'".'els uitki!l. eaah uetlans pZ'esen-c. (I.'laaeme!tt anti aesige af t.he alijlista:l9le strliatlires, e~liBer awales ana. eH1"JeFEs.) S. .r.. lIIaiftt.eftaftee plim laB 1Ilaift1aaiB 1ahe a".""Crall eeelagieal iategFity sf wetlana ~Fese~e areaa. I). An a9fitlal :r~e!!"t fJ!'om 1a-fie IIelfteeWRer' B 1J.eeeeiatieft las re!!Ularly mO!l.iter ~~liemee with aeeEi restrietiefts fer . reeiaemtial - 37 - Words underlined are additions; words 8~Bk t:MelS!ft are deletions. . Packet Page -160- . . . j "', l' 4/26/2011 Item 7.A. sethaelES ana ]lE'esctvatiea. e. TRC Gellie%" SS1:I!ity rw.T1.ew shall ]ae eS!laHetca aess:!'Sl B!f Ise SaBstaat:!l.al ae-."!at!sa. tie1;e~Ra1;.i6!l ~rsV~sieR9 sf eha~E~E' 38S.e~, Fler!aa BtatHtes. 8. CONSISTENCY WITH THE LOCAL COMPREHENsIVE PLAN: The Suhj ect property is designated as Urban on the Future Land Use Map and meeEs tae aeeeasa~' rat~ ~Si!lES fer the ~rs~eseEl Eleftsity sf ::3. 51:::! lUlits per ~ElSS aer-c. satisfies the reQUirements of POlicv 5.1 of the Collier County Growth Manaaement: Plan Future Land Use Element. In addition, the project meets the criteria for the proposed land usee. Therefore, the development complies with the Comprehensive Plan. g. GENERAL CONSIDERATIONS: In "The Woodlandsll ADA, numerous commitments were made hy the applicant: to mitigate proj ect impacts. Many, but not all of these commitments are listed in this Development Order. Additionally, the ADA provided a Phasing Schedule that provided the timing hasis for this review. If this phaSing schedule is significantly altered by the applicant then many of the hasic assumptions of this approval could be substantially changed, potentially raising additional Regional issues and/or impacts. Conditions: a. All commitment and impact mitigating actions provided by the applicant within the Application for Development Approval (and supplementary documents) that are not in conflict with specific conditions for project approval outlined above are Officially adopted as conditione for approval. b. The developer shall submit an annual report on the development of regional impact to Collier County, the Southwest Florida Regional Planning Council, the Department of Community Affairs and all - 38 - Kords underlined are additions, words eEl'I:l~~ ~BlI!Jll are deletions. Packet Page -161- r "', 4/26/2011 Item 7.A. c. affected permit agencies as required in Subsection 380.06(18), Florida Statutes. The development Phasing Schedule presented within the ADA, and as adj usted to date of development . order approval ana/or permit approval is incorporated as a condition of approval. If Development Order conaitions and Applicant Commitments incorporated within the Development Oraer to mitigate regional impacts, are not carried out as indicated to the extent or in accord with the timing schedules specified within the Development Order ana this phasing schedule, then this shall be deemed to he a substantial deviation for the. affected regional issue. ie. FIRE. a. l?Jr.:.e:r toe I;he !SSHaRee ef BIly B1:tilli!B!f lle~Es, a fire statleR ee~-iRg Ehis p~ejeet must se ~erat!Bg ~t '~khiR five (S) miles ef the pEejeet. BE IT FURTHER RESOLVED, by the Board of County Commissioners of Collier County, that: ~. All cOll1lllitments and impact mitigating actions provided by the applicant in the Application for Development Appr~val with supptemental documents and the Application for Public Hearing for rezoning with Supplemental documents that are not in conflict with conditions or stipulations specifically enumerated above are hereby adopted to this Development Order by reference. 2. The Community Development Administrator shall be the local official responsihle for assuring compliance with the Development: Order. 3. This Development Order shall remain in effect until . October 7, 2015, the estimated duration of the project. However, in the event that significant physical development has not commenced within Collier County by - 39- .. Words underlined are additional words B~~ell ~8'li!Ja are deletiCDs. Packet Page -162- j ~1 . "t . . 4/26/2011 Item 7.A. October 7, 2000, development approval will terminate QU~ this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does incJ.ude construction of buildings for installation of utilities and facilities such as sewer and water lines. This time period may he extended hy the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. 4. The applicant or their successor(s) in title to the subject property shall submit a report annually, commencing one year from the effective date of this development order, to the Board of County Commissioners of .Collier County, the Southwest Florida RegiGnal Planning Council, and the Department- of Community Affairs. This report will contain the information required in Section 9B-16.25, Florida Administrative Code. Failure to submit the annual report shall be s. governed by Subsection 380.06(16), Florida Statutes. Subsequent requests for development permits shall not require further review pursuant to Section 380.06, Florida Statutes, unless it. is found by. the Board of County Commissioners of Collier County, after due nOtice and hearing, that one or more of the following is present; a. A substantial deviation as defined in Suhsection 380.06 (19), Florida Statutes (1996), from the terms or conditions of this development order, or other changes to the approved development plans which create a reasonable likelihood of adverse regional impacts. or other regional impacts which were not evaluated in. the review by the Southwest Florida Regional Planning Council; or - 40 - Worde underlined are additions I words s1;neJI t~~ are deletions. Packet Page -163- r "" ~ 6. 4/26/2011 Item 7.A. An expiration of the period of effectiveness this development order as provided herein. Upon a finding that either of the above is present, the Board of County Connnissioners of Collier County may order a termination of all development activity until such time as a new DRI Application for Development Approval has been submitted, reviewed and approved in accordance with Section 380.06, Florida Statutes. The approval granted by this Development Order is limited. Such approval shall not be construed to obviate the duty of the applicant to comply with all other applicable local, state or federal permitting procedures. The definitions contained in Chapter 380.06, Florida Statutes, shall control the interpretation and construction of-any terms of this ~evelopment Order. This Order shall be binding upon the Developer, assignees or successors in interest. b. . 7. 8. 9 . It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may he created or designated or successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Order. 10. In the event that any portion or section of this Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent juriSdiction, such decision shall in no manner effect the remaining portions of this Order which shall remain in fu1l force and effect. . 11. This reseleisa amended Develonment Order shall become effective as provided by law. 1.2. . Certified copies of this Order are to be sent immediately to the Department of Community Affairs, and the Southwest - 41 - Words underlined are additions I words B~_el[ ~\lgft are deletions. . Packet Page -164- . . . j ""., 4/26/2011 Item 7.A. Florida Regional Planning Council. 1.h Excent as amended herebv. DeveloDment Order B6-~. as amended. shall remain in full force and effect. hindina in accordance with its terms on all Darties thereto. DULY PASSED AND ADOP'l'ED THIS ~ day of O~f~l...j , 199"-. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. commissioner Matthews offered the foregoing Resolution and moved for its adoption, seconded hy Commissioner Bancock and upon roll call, the vote was: AYES: NAYS: . ABSENT AND NOT VOTING: Commissioner MatthewB~ Commissioner Bancock~ Commissioner ~onstantine~ Commissioner MaclKie and Commissioner Norris ABSTENTION: ::, ')r~~.DO~~,,:~his . ~2... l!~l.~~'~L::~'~ ~ ot I:. ::~ :t.~..J t\.. . ..... .~~EtBt.: ""i 1 '.' .'~tif.;:;f~~t\~~1;~; A';'{i~~~::B~Ji;i .: APPROVED As:.T9 FORM AND .LEGAL SUFFICIENCY .~. .' , (7~~.J day of , 1996. Board of County Commissioners Collier County, Florida ~~ -;m, ;jA~ ~ d)? Ilru.Lud MarJ ie M. Student ASSISTANT COUNTY ATI'ORNEY :3 OllOClDLMiI)\DO. c:LJI: October 10. 199G - 42 - Words underlined are additions; words 1!It!!Pll1!l11 1:eeH!8 are deletions. Packet Page -165- 4/26/2011 Item 7.A. DeselemKay From: Sent: To: Subject: Strain Mark Saturday. March 12, 2011 6:25 PM DeselemKay FW: Olde Cypress . Please forward as you have the others. thanks Mark From: Anne Kandilis [ashecee@yahoo.com] Sent: Thursday, March le, 2ell 8:12 PM To: StrainMark Subject: aIde Cypress Dear Mark: We are residents of aIde Cypress and would like you to know that we are in favor of the PUD changes and support what Stock Development is trying to do for aIde Cypress. There is a small group of individuals that are fighting the changes but we want you to know that they do not represent us, as residents of aIde Cypress. Thank you for considering our view. Sincerely, Anne & Charles Kandilis 3e88 Strada Bella Court Naples, FL 34119 . Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. . 1 Packet Page -166- . . . 4/26/2011 Item 7.A. email from Mark Strain from McKenna 3-2-11.txt From: StrainMark Sent: wednesday, March 02, 2011 1:20 PM To: DeselemKay subject: FW: olde cypress Another your files. Mark From: Larry MCKinney [lrmck@msn.com] Sent: wednesday, March 02, 2011 12:36 PM To: strainMark; MurrayRobert; HomiakKaren; ReedcaronDonna; schifferBrad; AhernMelissa; Jodiebert@comcast.net; pmidney@collier.org; bmk@bmkre.com subject: olde cypress To the members of the collier county planning commission Ladies and Gentlemen; My wife and I purchased a lot in olde cypress in september 2000 and moved in to the home we had built in september 2001. Our primary reasons for choosing this development were the quality of the golf course design and proposed practice area, the relative low density of the physical layout, and the quality of the model homes that were to be representative of the community. We have enjoyed all of these amenities, as well as activities at the club for nearly ten years. It is now apparent that there are a minority of residents in our community that have indicated that we deserve a "park and nature trails" and that they have represented limited concerns regarding any infringement on the golf course or the golf practice range. Our current golf members have paid a significant amount to play and enjoy our golf facilities as they are today and I encourage that this be an important factor in your consideration. I am opposed to any such requirement and support stock Development's proposal to delete the "park and nature trails" language from the documents. By the lack of interest shown in the most recent community poll, an overwhelming majority of olde cypress residents have bought homes here without any expectation or consideration or interest in having a park, but reside here to enjoy the beautiful clubhouse, the safety of the community and the other amenities we have. As it was disclosed in your February 17 meeting, an established park in olde Cypress must accommodate the residents from both of the multi-family complexes located. in our PUD, named Amberton and Fairway preserve. My understanding of that situation means that depending on where the "park" would be located, all of the residents of these two complexes that do not reside in our gated community would have access to a designated park located inside our gate. I am sug~esting that this alone would change the entire concept and quality of livlng in olde cypress, devalue our homes and our club and, therefore, should not be considered or encouraged by your commission. The other subject I will discuss is about your February 17 conversation regarding construction traffic concerns for the new "Vita" property. As I was one of the early residents in olde Cypress, I have seen and heard evidence of 400 homes being constructed during my tenure. please understand that all of this traffic came through our current main gate area and traveled to ALL sections of our development. Although there may have been some occasions where residents had to wait for a truck to move, I never remember being delayed entering or leaving the property. In your meeting, there were suggestions that the construction traffic for the new section be diverted before the gatehouse across a section of the practice range. I am suggesting you consider that if 400 homes can be built going through our main (and only) gate area, the new page 1 Packet Page -167- 4/26/2011 Item 7.A. email from Mark Strain from McKenna 3-2-11.txt section can be developed and 120 homes built using 50 yards of the Treeline Drive entrance road inside our gate. This traffic pattern would not infringe on any current Olde Cypress homes, nor the golf course facilities. Thank you for your consideration. Larry R. MCKinney 7536 Treeline Drive Naples, FL 34119 lrmck@msn.com<mailto:lrmck@msn.com> . 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. . Page 2 . Packet Page -168- 4/26/2011 Item 7.A. . Mark Strain Collier County Planning Commission E-mail MarkStrain@colliergov.net Re: Olde Cypress Zoning Change application Dear Mr. Strain: I am a resident of aide Cypress and understand your commission is in the process of reviewing the issue of a park in our development. The issue being there was a park on the original PUD and it was never incorporated in the development. Stock Development has purchased the remaining available land and wants to build additional homes on said property. They Stock want the park removed from the PUD and. the issue settled. I do not think a park is a necessity in our community; we have a very limited number of families with children living in aide Cypress. As I understand it, jf a park were required we would have to allow access into to aide Cypress to other communities with the addition of walking paths or some form of other entry other than our entry gate. I believe by allowing other entrance into our community we make it impossible to manage who enters unless we add additional guards at any added entry points. I do not believe there are many home owners that would be in favor opening our community by allowing access. I am not a resident who gets involved in all of the drama in our community, but I feel this issue on the park requires my opinion be known. . A park is not required in Olde Cypress. Regards, Dean Blaser . Packet Page -169- 4126/2011 Item 7.A. From: StrainMark Sent: Tuesday, February 22, 2011 7:37 PM To: Dese 1 emKay subject: AN: olde cypress zoning Change Here is another. email from Hiotis 2-21-11.txt . Mark From: chris Hiotis [hiotiselgreco@gmail.com] Sent: Monday, February 21, 2011 9:06 PM To: StrainMark subject: olde cypress zoning change Mr. strain: My wife and I have been residents of Olde Cypress for approximately five years. We both feel that, under the present circumstances, both the park and the walking trails will not benefit residents of olde Cypress. We, as well as most of our fellow residents and friends at OC, urge you to allow the changes as requested by the stock Development Group. Christ and Marilyn Hiotis 2819 wild orchid Ct. Naples, Fl. 34119 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. . Page 1 . Packet Page -170- . . . 4/26/2011 Item 7.A. email from Steve Smith 2-22-11.txt From: StrainMark Sent: Tuesday, February 22, 2011 7:42 PM To: DeselemKay subject: FW: olde cypress PUD changes currently before the collier county plan':lin!;J CommlSSlon Another for distribution. Mark From: Steve smith [ssmith@lesmith.com] Sent: Tuesday, February 22, 2011 5:02 PM To: StrainMark Cc: Damian & cheryl Thomas (damian.thoma@gmail.com) subject: olde Cypress PUD changes currently before the collier county Planning commission Mr. Strain: My name is Steve smith. I have lived at 3072 Strada Bella in olde Cypress since 2005. I am aware of both emails by Mr. slaught and Mr. Duncan. I want to assure you that I concur with Mr. Duncan's comments 100%. I was never told that a park or walking trails would be made available when we purchased our property in olde cypress back in 2004. I am totally against these two items and would ask the planning commission to allow the PUD changes for Vita Tuscana. stock Development has been a very good owner for The club @ olde cypress and has followed through with commitments made in the past. I see no reason to think that he would not continue his business integrity now. The financial viability of Olde Cypress relies on increasing the number of our dues paying golf members. Vita Tuscana is the last chance we have to add significant membership numbers on property adjacent to olde cypress and set the stage for a continuing successful golf club. Mr. slaught and a small number of others are pursuing, in my opinion, another agenda. That would be to force Mr. stock to offer other types of compensation in lieu of the park and walking trails. Mr. stock has already offered substantial improvements and upgrades to olde cypress. These will, of course, help him to sell homes in Vita Tuscana, but it will also have a lasting benefit for current residents of olde cypress. I am totally in favor of changing the PUD and allowing stock Development to develop vita Tuscana. Thank you for your time and consideration. Steve Smith 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. page 1 Packet Page -171- 4/26/2011 Item 7.A. From: StrainMark Sent: Tuesday, February 22, 2011 7:40 PM To: DeselemKay subject: FW: The Park and olde Cypress Another for distribution. email from Catalano 2-21-11.txt . Mark From: catalanosusan@aol.com [catalanosusan@aol.com] Sent: Tuesday, February 22, 2011 3:50 PM To: StrainMark subject: The Park and olde cypress Mr. Strain, We would like to add our 2 cents to the ongoing debate about a potential park in olde cypress. We are AGAINST such park and are pleased with the plans the Stock corporation has for improving our community with the additions to the workout center, etc. We are embarrassed by the haranguing of our neighbors and would like to see this issue put to rest once and for all. Thank you, John and Susan Catalano 2790 olde Cypress Drive Naples FL 34119 239-592-1700 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. . Page 1 . Packet Page -172- . . . 4/26/2011 Item 7.A. email from Dennis Deluca to Mark Strain 2-21-11.txt From: StrainMark Sent: Monday, February 21, 2011 2:09 PM To: dennispdeluca@aol.com Cc: DeselemKay subject: FW: FW: letter to M. Strain re olde cypress PUD Attachments: Mark Strain OCMPOA 2-28.doc Thank you and by copy of this email to staff I ask that they also distribute this email to the other members of the CCPC. Mark From: dennispdeluca [dennispdeluca@aol.com] Sent: Monday, February 21, 2011 11:33 AM TO: StrainMark Cc: aadeluca@comcast.net; ssmith@lesmith.com; Cosmo Trapani; ssmith@lesmith.com; venhg@embarqmail.com; Damianthoma@gmail.com subject: Fwd: FW: letter to M. Strain re olde Cypress PUD Mr. strain, I am a resident of olde Cypress living at 2847 Lone pine Lane. I am in receipt of Mr. slaught's and Mr. Duncan's letters to you. I am in full agreement with Mr. Duncan and do not agree with Mr. slaught at all. I purchased my home in February of 2001 and I can assure you that throughout that time Mr. stock has been a fair and generous owner of this development. I am vehemently opposed to the construction of a park. Dennis P Deluca Begin forwarded message: From: "Steve Smith" <ssmith@lesmith.com> subject: FW: Letter to M. strain re olde Cypress PUD Date: February 20, 2011 1:07:38 PM EST To: "murfmurphy@verizon.net" <murfmurphy@verizon.net>, "Cosmo and Irene Trapani (c. trapani@comcast. net)" <co trapani@comcast.net>, "Howard and Gai 1 venger" <venhg@embarqmail.com>, "c2a2ls@naples.net" <c2a2ls@naples.net> ;,"publisheroh@insight.rr.com" <publisheroh@insight.rr.com>, "Damian & cheryl Thomas cdamian.thoma@gmail.com)" <damian.thoma@gmail.com>, "Gordon and Jennifer Johnson (johnsonj@mtco.com)" <johnsonj@mtco.com>, "steve Smith" <ssmith@lesmith.com>, "Nick Boccella" <boccnick@yahoo.com>, "jim taylor," <btaylore@swbell.net>, "Jim Hamilton" <cahami6@aol.com>, "dennis komatz," <cdkomatz@comcast.net>, "dennis deluca," <dennispdeluca@aol.com>, "jack duncan," <duncanjt@yahoo.com>, "chris hiotis," <hiotiselgreco@gmail.com> , "j ake 1 amotta," <j ake l141@yahoo. com>, "j oe raffae 1 e, " <joeraffaele@plantationproducts.com>, "mark adams," <mark.adams.d@gmail.com>, "Ralph Edwards" <ralph_edwards@comcast.net>, "Burgo, Ray" <slburgo@yahoo.com>, "tom sukay," <tomsukay@comcast.net> Cc: "Halpern, Bob" <bobhalpern@comcast.net>, "James walpole" <jwwalpole@comcast.net> Attachments: 1 Attachment, 27.0 KB Gentlemen, sorry for not including the attachment containing Jack's email on my first email. Here it is! Steve From: John Duncan [duncanj68@gmail.com] Sent: saturday, February 19, 2011 10:03 AM To: Markstrain@colliergov.net cc: Damian Thomas; to Paul schultz; sdamanagement@comcast.net; Tom Tatro; Steve smith; lLiz Hines; Scott Hunter; halpern.bob@gmail.com; venhg@embarqmail.co m; dickkernan@aol.com; Ken Lanigan; paffel, Kelly; Cos and Irene Trapani; Robert Cosgrove; JOE RAFFAELE; JOE BARRY; Jack; jackpalmer@comcast.net; Jeff Folkman; rlrotunda@comcast.net; erisa41@hotmail.com; diana.reuling@gmail.com; Jake LaMotta; Andy D'JamOOs; ckansy@gulfshoremortgage.com; henryf@acidevelopment.biz; gstwoelk@aol.com; John & patty Malaspina; pignataror; boydteam@comcast.net; griders@comcast.net; page 1 Packet Page -173- 4/26/2011 Item 7.A. email from Dennis Deluca to Mark Strain 2-21-11.txt chuckslaght@comcast.net subject: letter to M. strain re olde cypress PUD please see attached letter to M. Strain . 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. . page 2 . Packet Page -174- 4/26/2011 Item 7.A. Sukay&. A "~ ~ .;;J.~. ~ r-: ~~j~' ~ n fO ~ . i 1\,.....'...') \..,n""", ~ '-Il M ~, ""'" . , ~ 1 _ ~" . ..... ~-'...,....~I""'&', -.tl.......~...,. ./~'" __~.._>#.........._,. [..0:-., .....,.._ ....._...~);,., ,~ " .- .f<_l . -,'. ~ _~ __- p-' t." _ - I,' ~.,,,, f ;i ~ '1 _... . fJ~ .u"...i v'.O' hJd }~"l U t<.:_ '.............~~<:....! H',.".., Oi ~fa~ '1..' "'.....1..;" ~If.-l - ". Mark Strain Collier County Planning Commission E-mail MarkStrainuv.colliergov.net February 21,2011 Re: OIde Cypress Zoning Change application Dear Mr. Strain: Although not copied on the original distribution, I have received copies of letters prepared by Mr. Duncan and Mr. Slaught. Although I clearly agree with the content of Mr. Duncan's letter, I thought I would offer a different perspective. Mr. Slaught represents my interests in my neighborhood association and I've know Mr. Duncan for many years. . I purchased my home in Olde Cypress in October 2007. During our search for a home, we spent time with a realtor looking at many neighborhoods in North Naples. During our search, the realtor did not mention that a park was part of the long term plans at Olde Cypress. As a result, it did not factor into our final decision to buy a home at Olde Cypress. If we had known about the park, it would not have altered our purchase price in any manner. Weare full time residents. During the last three years, we have become very comfortable with the community. We have become friends with many other couples. We had never heard about a park or anyone's interest in having one added to the community. Last fall, we attended a meeting with Brian Stock regarding Vita Tuscano, the expanded health center and other plans for the community. Prior to that meeting, we became aware of the need to change the POO to remove a park from the plan. We also became aware that this was an emotional issue that seemed more tied to leveraging the park against Brian Stock than to the interest in a park. We were pleasantly surprised at the Stock meeting that the community seemed very civil and that the support for the park seemed to be isolated to the members of our neighborhood board. The recent poll was filled with many flaws. I can't be sure that any side didn't influence the results. However, only 207 of the 419 residents responded. The results were split in favor of those who wanted the park and those who supported the change in the PUD. Common sense would seem to indicate that anyone who was against the change in the PUD would be more likely to vote than someone who supported the change or those who had no strong opinion. As a result, I contend that the poll results actually do reflect that the Olde Cypress community does strongly support the change to the PUD. Tom Sukay . Packet Page -175- 4/26/2011 Item 7.A. From: StrainMark Sent: sunday, February To: Ralph Edwards Cc: DeselemKay subject: RE: olde email from Ralph Edwards 2-18-11.txt 20, 2011 9:57 AM . cypress Thank you for your comments and by copy of this to staff I will forward this on to the others on the commission. Mark From: Ralph Edwards [ralph_edwards@comcast.net] Sent: Friday, February 18, 2011 4:12 PM To: StrainMark . subject: olde cypress Dear Mr. Strain I attended the meeting Thursday regarding the issues surrounding olde cypress and the new development, vita Tuscana. To say I learned a great deal about the function of your group of commissioners would be an understatement. I also learned a great deal about our residents. I have been a resident of olde cypress since 2000. My only concerns have been early with the problems surrounding the Hardy family and now with the irrational attitude of some of our residents. A minority of our residents have an anger issue which I am embarrassed to see. Mr. stock and his group have been reasonable and appreciated by my wife and I especially in this real estate/golf market. I can't imagine how we could be better served as citizens of collier county with another developer. Rumors and innuendo aside, no park is wanted or needed by the residents especially if it is in close proximity to the golf course. If that were to occur, our values will be adversely affected. I'm sure the threat of litigation by one of our neighbors will not have any influence on votes! . please allow the stock group an opportunity to complete our development in a manner that will be profitable for him and in a manner that will enhance our community without damaging our fine golf course. sincerely, Ralph H. Edwards, CIC 7484 Treeline Dr. Naples, Fl. Sent from my ipad 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. Page 1 . Packet Page -176- 4/26/2011 Item 7.A. DeselemKay From: . Sent: To: Cc: Subject: Attachments: StrainMark Sunday, February 20, 2011 9:59 AM duncanj68@gmail.com DeselemKay FW: Letter to M. Strain re Olde Cypress PUD Mark Strain OCMPOA 2-28.doc Thank you and by copy of this to staff I will ask that this be forwarded to the other Commission members. Mark From: John Duncan [duncanj68@gmail.com] Sent: SaturdaYJ February 19J 2e11 1e:e3 AM To: StrainMark Cc: Damian Thomas; to Paul Schultz; sdamanagement~comcast.netj Tom Tatro; Steve & Cathy Smith; lLiz Hinesj Scott Hunter; halDern.bob@gmail.com; venhg@embaramail.com; dickkernan~aol.comj Ken Lanigan; PaffelJ Kelly; Cos and Irene Trapani; Robert Cosgrove; JOE RAFFAELE; JOE BARRY; Jack; iackDalmer@comcast.net; Jeff Folkman; rlrotunda@comcast.netj erisa41@hotmail.com; diana.reuling@gmail.com; Jake LaMotta; Andy D'Jamoos; ckansy~gulfshoremortgage.comj henryf@acideveloDment.bizj gstwoelk@aol.com; John & Patty Malaspina; pignataror; boydteam@comcast.net; griders@comcast.net; chuckslaght@comcast.net Subject: Letter to M. Strain re Olde Cypress PUD Please see attached letter to M. Strain .under Florida LawJ e-mail addresses are public records. If you do not want your e-mail address released in response to a public records requestJ do not send electronic mail to this entity. InsteadJ contact this office by telephone or in writing. . 2 Packet Page -177- 4/26/2011 Item 7.A. From: StrainMark sent: sunday, February 20, 2011 10:00 AM To: Jill & Steve Ducatman cc: Dese 1 emKay subject: RE: I am a resident in olde email message from Ducatman 2-20-11.txt . cypress Thank you and by copy of this to staff I will ask that your comments be distributed to the other commissioners. Mark From: Jill & Steve Ducatman [jsducatman@mac.com] Sent: sunday, February 20, 2011 8:05 AM TO: StrainMark subject: I am a resident in olde cypress My husband and I have lived in olde cypress since 2004. We have more respect for Brian stock than we do for the irrational neighbors we have who seem to think Mr. Stock and his company owe them something. stock Development has been more than reasonable in his work developing our community. We neither want, nor do we need, any recompense for a clerical error. Nor do we want a park. It is a very vocal minority of residents who continue to insist on compensation for a park. We are embarassed by that vocal minority. I am sorry that I missed the meeting of the CCPC. please understand that the vast majority of the residents are equally embarassed by the vocal few who have become obsessed over this issue and are demanding that approval not be granted to stock Development over this idea that the company owes us something. The majority of us respect the work stock Development has done, and want them to continue developing our community. Jill Ducatman 3137 Terramar Drive Olde cypress . 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. page 1 . Packet Page -178- 4/26/2011 Item 7.A. . Mark Strain Collier County Planning Commission E-mail MarkStrain@colliergov.net Re: Olde Cypress Zoning Change application Letter from C. Slaught to Mark Strain 2/17/11 Dear Mr. Strain: I am a resident of Olde Cypress and am in possession of a copy of Mr. Slaught's above referenced letter to you of2/17/11. Several of his comments do not reflect my understanding of the role of the Master Association vs. that of the neighborhood association representatives. Nor do his comments represent my experience with the OCMPOA and its leadership. The Olde Cypress Master is made op of several ELECTED individuals who have very specific responsibilities dealing with those issues relevant to the community as a whole, including representing the total community interests to the developer, county agencies etc. For the record, they do not collect golf dues but rather collect fees associated with the maintenance of property under their control such as the roadways, common areas, and security . . As a result of the way OC was originally developed, there are several neighborhoods each with their own interest and responsibilities. These may include water rights for irrigation, owner landscaping and maintenance, pond maintenance etc. Each has an elected neighborhood association and these neighborhood associations collect fees from their respective residents to cover costs specific to their neighborhood and collect the OCMPOA fees as a convenience for the master. Each neighborhood also names an individual (neighborhood representative) to liaise with the Master Board to insure neighborhood interests are properly represented. Relevant to the issue of the desirability of a park, each neighborhood representative was asked to poll his residents on this question, and provide that information to the OCMPOA to be in turn provided to your office prior to the hearing. In my neighborhood (Da Vinci) this was done without lobbying on the part of the individual doing the polling. However, given the significant disparity in results between neighborhoods, it calls into question whether this was done in this manner in all neighborhoods, or whether the well known personal opinion of some of the neighborhood reps was in play either with selective polling, or lobbying. I will not opine on the park issue other to say that! think. it to be a "red herring" with the real issue being that some of the early residents were promised a park by the developer and given that it is impractical now to implement, want something in return for their acquiescence. My bet is that nobody really wants a park per se. . Packet Page -179- 4/26/2011 Item 7.A. My purpose here is just to correct Mr. Slaught's letter to you, and to give one residents approval of the activity of our Master Board. Mr. Slaught does not represent me or for that matter" We all" in his opinion that the OCMPOA "frequently inflates", and "oversteps" their roles or responsibilities. This is further evidenced by the large majority vote received by the board in the most recent elections. . Very Truly Yours Jack Duncan . . Packet Page -180- . . . -~...., 4/26/2011 Item 7.A. Good Morningl Afternoon Commissioners, My name is Charles Slaght and I reside at 2918 Lone Pine Lane, Naples, Florida, 34119 I am going to read my statement as this is limited to a 5 minute presentation a written copy of this presentation will be provided.. r am goingto reach way back and frame the picture briefly... we've all heard, "Life, Liberty, and the Pursuit of Happiness which was originally:penned as Life, Liberty, and Property" With this said I lead into my presentation with: If someone takes my property rights from me, someday that someone or others may take your.property! Property Rights are extended to owners when they purchase lots within a development. Yes there are deed restrictions and conveyances which litriit or prescribe ,certain. activities within community and are regulated by by-laws and HOA Boards. Homes are built on specific purchased lots hut amenities many times are located elsewhere in a community but you have certain rights conveyed like access to these amenities especially if-they are used to entice you to buy their lots and build in their community. We bought our property outright, then just a vacant lot, in the OC development as we were enchanted by the many advertised amenities, this then made us partial owners in current and future amenities, and decided to build our dream home in Olde Cypress (yes we do pay dues to use and upkeep these amenities). Let me digress, a representative of Stock Development, Chris St Cyr, presented all the Olde Cypress amenities and helped us tour the community handing us off to a builders representative and at no time were we told that the promised park, nature trails, or boardwalk would not be provided due to build..;out or by a developer's failure to plan for these amenities (on this. tour two possible sites for a park were presented: end of Lone Pine lane and Wild Orchid). Printed sales materials and'the.onIine website for OIde Cypress also stated that there would be parks, nature trails, etc. within the.community. There are a number of documents that were passed into existence by different legal county and state entities (CCPC, BCC they may have had different names but these .agencies function to protect the state, the county, the .developer,and the eventual owner). These are legal documents with specific requirements as dictated by the State of Florida and Collier County (DRI/PUDIDO) which were signed and agreed to by all parties before any clearing or construction ever began. Developers submit documents (DRI's, PUD's and DO's) and want approval to .develop and of course they want to make money doing this as a part of their American dream to make a reasonable profit on their monetary risk. County and state agencies ensure the documents are legal, are reviewed by the County Attorney, cover various legal requirements, protect the citizens from harm, these documents represent a .written picture of whatthe developer wants to build, and axe only passed once all legal criteria has been Packet Page -181- 4/26/2011 Item 7.A. satisfied. With this due diligence, due regard, and due care how can a developer later rescind this agreement; I am a bit mystified (as wording within the PUD/DRIlDO states this is even legally binding on successors)? . I have submitted many emails and letters with a vast number of issues to the cepe and the BCC and I trust you have read them an however let me provide some history and distill some of the information please bear with. me. Mention was made in these documents as: · Original documents were filed as "The Woodlands" development and were filed by the Immokalee Road Partnership, Inc. (the principle parties) · Providing bicycle-pedestrian system along all roads within the project [also] provision for bike racks or storage facilitieS in.recreationa:l.areas DO 86-1 . Providing parks, nature trails and Boardwalk, bicycle paths, passive recreational uses of wetlands, and other facilities for recreation to be maintained by the HOA was submitted in Ordinance 86-75 . Interestingly providing a polling place and adequate hurricane sheltering were also stipulated in Ordinance 86-75 . Exhibit <<R" of Ordinance 86-75 shows position of parks in northeast comer . Resolution 87.:96 modifies transporta:tionissues . Resolution 87-207 references acreages therein and increases preserve area (91- 149 acres) no modification to the rest of Ordinance 86-75 . Resolution 94-774 and DO.# 94-4 <'no changes to master plan" and new commencement date of October 7, 2000 . ACollier County Code Enforcement claim (CESD20100020925) was filed against the developer on or about November 18, 2010. It was not until the da:te thattheCCPC hearing was announced via mail did I find out that my claim was closed (no letter, no communication, nothing). I was sent an email by County Staff dated January 3rd from :Mr. Richard y ovanovic~ Esq. where he had replied and stated that the OC PUD was not being closed out and therefore the Notice of Violation must be rescinded and also later stated that "The Master Association is supporting the proposed amendmenf' (I continue to ask for documentation of this Master POA action and signed: conveyance and to date none has been supplied therefore you should request such signed documentation which may also be an illegal uttering or conveyance by ail mentioned parties). HI can not file a claim for a Code Enforcement Violation then how can the developer ask for an amendment dropping the park, nature trails, and bike paths: I'm puzzled? In your packet you have numerous other email communications which.I.havesent to each of you and I ask that you review these in your mind as there are many conoerns that I and others have regarding the purposed amendments and filings that affect the OIde Cypress PUDIDRI/DO. I am also concerned with the 33 multiple family units requested in the third action before you as this is surely does not fit our community PUDas Single family units and is not desired by the community. . Packet Page -182- 4/26/2011 Item 7.A. . While it may appear that the solution regarding a 3.9 acre (or whatever size is required) park may seem insurmountable there are surely solutions which would be amenable to the developer, the community, and the County (small pocket parks). The Nature TraHs/Boardwalks and bike paths are a more difficult barrier to broach but .by our working hand in hand there could be a solution found here as well. Bike racks are easily placed at the fitness center and clubhouse and possible park sites so this isa simple solution. Where there is a will there surely must be a way if the developer, the community, and County agencies all work together to :find amiable solutions that create a win-win scenario providing these amenities for everyone. I am. a disabled veteran, lhave served and sacrificed offering my life and my physical wellbeing for each of you to have the rights I spoke of in the beginning (Life, Liberty, and the Pursuit of Happiness - Property). I am not here for accolades or honor but I am here to see justice prevail! While others within our community may want to give up their rights to real property I do not, and the dissention otone in this case has to be upheld for all. I ask that you protect me and others who need your support, disallow the petition Jor amendment of the OC DRIlPUDfDO, and that y-ou chal!ge the developer to work with the community-and the County to meetalll~gal requirements of these foundational.documents and any others that have jurisdiction. Thankyou! . . Packet Page -183- 4/26/2011 Item 7.A. February 11th, 2011 Kay Deselem, please let this document serve as an official Olde Cypress Community response to your phone call on Friday, February 4th 2011. During our conversation you shared that your Superior Nick Casalanguida had specifically requested that I poll the Olde Cypress community to determine if, based on the pending PUD amendment before the commission (PUDA-PL2010-388), do the residents want a Dark or not. I shared with you at that time that the documents of the Olde Cypress community do not recognize voting on issues by individual homes (one house, one vote) except in the case of voting for Directors of the Master Board. In other than voting for Directors for the Master Board, Neighborhood Representatives represent the position of individual associations. Therefore a "Doli" was conducted by email and was not intended to be a "vote" as the Olde Cypress Master Association documents require any neighborhood vote to be cast by the Neighborhood Representative during a duly noticed meeting for that purpose. Since the Master Association cannot audit the results of such a poll we cannot attest to the accuracy or completeness of the results reported by each Neighborhood Representative. Nor, do the results of the poll measure the homeowner's understanding of what elements constitute a "Park" - bare land vs. improvements. On Monday February 7th 2011, I received an emaiJ memo from you with a follow on emaiJ from Nick Casalanguida as follows; flKay, please explain to Damian that it was my request to get a clear community desire and that simply asking yes or no on the park does not define the issue. I would suggest that they hold an internal HOA meeting and vet the subject and then report back their findings. This should include each sub HOA". This was not done as the polling process had already begun and frankly speaking, holding an HOA meeting to discuss this issue, in my view, was ill advised at this time. The results of the em ail poll taken: only 207 ofthe 419 residents (49%) participated. The results are as follows; 50.7% want a park, 45.4% do not want a park. 3.9% responded to a question that was not asked. Kay, based on Nick's February 7th email memo, I am not sure the approach taken satisfies his intended purpose and therefore appear meaningless and of little value. Respectfully, Damian A. Thomas On behalf of the Olde Cypress BOD Packet Page -184- . . . . . . 4/26/2011 Item 7.A. From: Sent: To: Subject: Gary R Lusher [garyrlusher@gmail.com] Thursday, February 10, 20111:30 PM 'Damian Thomas' Poll of Terra mar at Olde Cypress Homeowners Regarding the Pending Olde Cypress PUD Amendment Good Afternoon Damian: As requested I conducted a "poll" of homeowners in Terramar at Olde Cypress regarding whether or not they "support" or "oppose" Stock Development being released from the requirements of a "park" as described in the original Olde Cypress PUD. The poll was conducted by email and was not intended to be a "vote" as the Olde Cypress Master Association documents require any neighborhood vote to be cast by the Neighborhood Representative during a duly noticed meeting for that purpose. The results of the poll are as follows: Total Homeowners: 55 Total Homeowners responding: 22 Total Homeowners responding "Support" 9 Total Homeowners responding "Oppose" 12 Respectfully, Gary Lusher President and Neighborhood Representative Terramar at Olde Cypress Packet Page -185- From: Sent: To: Subject: 4/26/2011 Item 7.A. Wcs5353@aol.com Thursday, February 10, 2011 6:20 PM aadeluca@comcast.net; glusher@comcast.net; SSmith@lesmith:com; dickkernan@aol.com; wcs5353@aol.com; jam es.costello@morganstanley.com; sjensen l@comcast.net; EvetsElec@aol.com; rlrotunda@comcast.net; tatrotm@hotmail.com; jmfolkman@gmail.com; pjkien@aol.com; sdam a nagement@comcast.net; m u rphybrianj@yahoo.com; DeselemKay; CasalanguidaNick Park or No Park Egret Cove polling result were as follows; 10 for Park 12 of 16 homes responded as follows: 2 For No Park 4 no response Bill Snyder, ECHOA Packet Page -186- . . . . . . 4/26/2011 Item 7.A. From: Sent: To: Dr. Albert Deluca [aadeluca@comcast.net] Thursday, February 10,2011 7:40 PM 'Damian Thomas'; 'Gary lusher'; 'Steve & Cathy Smith'; dickkernan@aol.com; wcs5353@aol.com; 'James Costello'; 'Susan Jensen'; EvetsElec@aol.com; 'Brian Murphy' r1rotunda@comcast.net; 'Tom Tatro'; 'Jeff Folkman'; 'Paul Schultz'; sdamanagement@comcast.net; DeselemKay; CasalanguidaNick RE: aide Cypress Homeowner Association Poll Cc: Subject: Damian, As directed in your emails of Feb 4 and Feb. 5. 2011, the residents of the aide Cypress Homeowners Association were polled individually byemail. The 185 residents were asked for their input on whether or not Stock should be released from the requirement which now stands in the DRI and PUD for park (green) space within the aide Cypress Community. This is only a poll, not a vote ofthe Neighborhood. The results are as follows: In favor of keeping requirement of park space............. .................................................43 Replied with need of compensation if there is to be removal of park requirement..........8 To release Stock from obligation for park space............................................................20 Non respo nse................................................................. .......... ........ ...114 Neighborhood tota I count................... .......... ......... ...... .... ...................185 Of the non responses there were at least 4 who subm itted questions and concerns, but voiced no opinion either way and therefore could not be counted. Adrienne OCHOA Packet Page -187- 4/26/2011 Item 7.A. Cc: Brian J. Murphy [murphybrianj@yahoo.com] Thursday, February 10, 20115:06 PM 'Damian Thomas'; aadeluca@comcast.net; 'Gary Lusher'; 'Steve & Cathy Smith'; dickkernan@aol.com; wcs5353@aol.com; 'James Costello'; 'Susan Jensen'; EvetsElec@aol.com rlrotunda@comcast.net; 'Tom Tatro'; 'Jeff Folkman'; 'Paul Schultz'; sd a management@comcast.net; mu rphybrianj@yahoo.com; DeselemKay; CasalanguidaNick Santa Rosa HOA Poll Results RE: Stock Development PUD Amendment . From: Sent: To: Subject: Santa Rosa Homeowners Association Residents have been polled individually by email on Kay Deselem's, Collier County Growth Management Division, question as conveyed by Damian Thomas' February 4 email. Formal documentation has been received from all eligible Santa Rosa(SR) respondents (24 of 26 property owners) and are the basis for counting the results. On the Question quoted of Kay Deselem on behalf of Collier County Growth Management Division: "Do the residents of aide Cypress want a park or not?", Santa Rosa's polling results are as follows: YES: 23 No:! Total Replies: 24 No Reply to the Polling Request: 2 Total Residents in Santa Rosa Community are 26. Therefore 95.8% of Replies are In Favor; 88.5% of SR answered In Favor. Foryour information (and perhaps future use), ifthe current PUD requirement of this provision prevails in the upcoming decisions by the County's Planning Commission and the County Commissioners: That decision by the County being to continue with the PUD language requiring that Stock Development provide a park and trails. Santa Rosa Homeowners Association Residents were further polled on a second Question. It was asked at the direction of the Officers of the Board of Directors of our SR HOA. The second Question asked if Stock Development could not, for any reason and/or for whatever reason, meet a County upheld reQuirement for a park and trails, should aide Cypress Community receive some eQuitable or eQuivalent offset's); compensation of some kind; tangible "considerations", services or the like from Stock Development in settlement for this requirement? . On this second Question, which again is intended and offered to convey the opinions and sentiments of Santa Rosa's residents, the results are: Yes: 23 No: Q 24 Residents replied to this. On behalf of the Santa Rosa residents and the HaA, we look forward to receiving the totaled up results for aide Cypress Community when they are sent to Collier County officials and agencies. Respectfully, Brian J Murphy Neighborhood Representative 7372 Monteverde Way From: Damian Thomas rmailto:damianthoma(Cilgmail.com] Sent: Friday, February 04,2011 5:58 PM To: aadeluca(Cilcomcast.net; Gary Lusher; Steve & Cathy Smith; Brian J. Murphy; dickkernan(ci)aol.com; wcs5353(Cilaol.com . Packet Page -188- . . . 4/26/2011 Item 7.A. Cc: rlrotunda(a)comcast.net; Tom Tatro; Jeff Folkman; Paul Schultz; sdamanagement@comcast.net; KavDeselem(a)collierQov.net . Subject: Stock Development PUD Amendment Fellow Residents of Olde Cypress, this afternoon I received a phone call from Kay Deselem, Principal Planner for Collier County Growth Management Division of Planning & Regulation Land Development Services. Consistent with the requested PUD Amendment for aIde Cypress, (pUDA-PL2010-388) that is pending Collier County Planning Commission decision, she has a specific request that requires your attention. The request is that you poll your respective communities and ask the following question: "Do the residents of OIde Cypress want a park or not". I will then document the results of your poll and provide an official Olde Cypress Community position response for inclusion into the package that will be given to the Planning Board during the decision making process. I explained to Ms. Deselem the process for accumulating information through the Neighborhood Representatives and promised to follow that process. As you know the Collier County Planning Board meets on February 17th and the County process can be deliberate so I am asking some urgency with your poll. Kindly send me your community poll results no later than end of business Thursdav Februanr 10th. Preferably the results should be absolute, meaning the exact number that responded and the specific vote "Yes or NOli, IIPARK or NO PARK II. I will then officially document your responses in a letter and send to Ms. Deselem and also post on our website. I assume this input will be one of the variables that is taken into consideration when the Planning Commission renders their decision. Thanks for your continued support. Respectfully, Damian A. Thomas on behalf of the OCMPOA BOD Packet Page -189- 4/26/2011 Item 7.A. DeselemKay From: Sent: To: Cc: Subject: Strain Mark Tuesday, February 08, 2011 1 :56 PM Chuck Slaght DeselemKay; CasalanguidaNick; AshtonHeidi RE: [Olde Cypress Master Property Owners Association Newsletter]: Memo to Residents sharing need for vote on park . Importance: High I have read your comments and wish to clarify something...........THE COllIER COUNTY PLANNING COMMISSION DID NOT ASK FOR A POLLING OF YOUR COMMUNITY. As chairman of the CCPC I am concerned that you would have this idea and ask that you PLEASE correct this statement to anyone you may have made this too. Without a vote or meeting on this subject BY THE CCPC it would have been impossible to have made such a request of your community, regardless whether or not we even had the authority to do so to begin with. i appreciate your assistance with this matter. thank you, Mark From: Chuck Slaght [chuckslaght@comcast.net] Sent: Monday, February 87, 2811 5:87 PM To: StrainMark Subject: Fw: [Olde Cypress Master Property Owners Association NeWSletter]: Memo to Residents. sharing need for vote on park Dear Chairman Strain, Here is a copy of the letter sent to resident-owners in the Olde Cypress Development for your reference as I am not sure this has reached your desk. Sincerely, Chuck Slaght ----- Original Message ----- From: <Admin~OCMasterPOA.com> To: <chuckslaght@comcast.net> Sent: Saturday, February 8S, 2811 86:83 PM Subject: [Olde Cypress Master Property Owners Association Newsletter]: Memo to Residents sharing need for vote on park > Olde Cypress Master Property Owners Association Newsletter > > > Fellow Residents of Olde Cypress, > > As one of the variable elements of addressing the Olde Cypress PUD > (PUDA-PL2818-388) amendment, currently before the planning commission 1 . Packet Page -190- > for a decision~ we have been asked by the Collier County Planning > Commission to poll the residents of Olde Cypress to determine who > wants a park and who does not. We have therefore sent a memo to all > Neighborhood Representatives asking them to poll the residents of . > their respective communities to find out Yes or No on the park. You > should be hearing from your respective Neighborhood Representatives asking preference. > We have requested that the tabulated responses be absolute and should > specifically state the number of responses and the specific Yes/No counts. > We have requested the results be returned by February 10th. The > results will be tabulated~ posted on the Master web site and also sent > to the county to aid in their decision making planning process. The > Planning Commission meets on February 17th. > > For ease in responding your respective Neighborhood Representatives > e-mail addresses is as follows: > > > > > > > > > When you receive the request from your Neighborhood Representative~ > the above addresses should assist with your responses. > > > .~ > > > > Kindly do your part to keep Olde Cypress one of the most desirable > communities in-Naples. > > > > > > > http://ocmasterpoa.com > > - Olde Cypress Master Property Owners Association Staff > > > > > > ========================================================= > > > > . 4/26/2011 Item 7.A. for your Da Vinci Dick Kearnan dickkernan~aol.com Santa Rosa Brian Murphy murphybriani~Yahoo.com Strada Bella Steve Smith SSmith~lesmith.com Santorini Susan Jensen siensenl~comcast.net Terramar Gary Lusher ~lusher~comcast.net Egret Cove Bill Snyder wcs5353~aol.com Olde Cypress Adrienne Deluca aadeluca~comcast.net Biscayne Jim Costello iames.costello~morganstanley.com This email is being sent to all residents who are registered on the Master Association website. If you know someone who is not registered~ suggest that they register to be kept informed of Master Association You might always want to advise those not registered to expect a request for vote from their Neighborhood Representative. Your vote is important so be sure to get involved. business. Respectfully~ Damian A. Thomas On behalf of the OCMPOA BOD You are receiving this Newsletter because you selected to receive it from your user page at Olde Cypress Master Property Owners Association. You can unsubscribe from this service by clicking in the following URL: http://OCMasterPOA.com/user.php?op=edituser 2 Packet Page -191- 4/26/2011 Item 7.A. > then select "No" from the option to Receive Newsletter by Email and > save your changes, if you need more assistance please contact aIde > Cypress Master Property Owners Association administrator. 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. . . . 3 Packet Page -192- 4/26/2011 Item 7.A. DeselemKay . From: Sent: To: Subject: Reinhard Werthner [reinhardw5101@gmail.com] Monday, February 07, 2011 2:53 PM DeselemKay; Strain Mark Old Cypress - Board of County Commissioners Meeting - PUDZ-PL2010-1054 Dear Ms. Kay Deselem and Mr. Mark Strain I am writing to express our strong feelings toward the recommendations to the County Commissioners regarding two petitions submitted by Stock Development about our community. Our particular point of concern is that contained in each petition to develop the 63 acres in the area presently identified as "Vita Tuscana," Stock Development is asking the county to remove its long standing written obligation [1] to develop Nature Trails and a minimum of 3.9 acres of parks within Olde Cypress. Stock Development has not met their obligation and want the County Commissioners to relieve them of their responsibility so that they do not have to develop a park and Nature Trails within the "Vita Tuscana" land parcel. We feel strongly that Stock Development is obligated to his contractual Park development commitments to develop a minimum of3.9 acres of park (s) and Nature Trails within "Vita T~s~?iIla" as. they planned for the community to become part of our aIde Cypress we love so much. 'I'h.~;PW'lbd"V'~~e,11lentioned "during~the fSales pit~h:$ \ve-.ciedded:to;ma1c~.o14eCypressoubretite~elft :l1ome:::.~ .ibait--andis\mtch! - - Thanks for your understanding and support. lbis contractual commitment should not be waived as it will lower .its value of the total- community and our life style. Regards Reinhard & Marie Werthner Full time residence 7527 Treeline Drive Naples, FI 34119 . 1 Packet Page -193- 4/26/2011 Item 7.A. From: eal!le21632@ao1.com [mailto:eagle21632@ao1.com] Sent: Monday, February 07, 2011 2:00 PM To: Glen Fulker Subject: Re: Important Message from Your BOA Neighborhood Representative . I oppose Stock Development being released from his requirement to set aside the 3.9 acres ofland for park or green space. This was represented to me to be included as Common property when I purchased my house in 2005. I would agree with taking any legal action which may be necessary to enforce this stipulation. Being a Builder and Developer all of my professional career, I cannot fathom why any consideration would be entertained to release the Developers from their obligations, at the expense of all Olde Cypress residents in this matter.. George M. Alliegro 2778 aIde Cypress Drive . . Packet Page -194- . . 4/26/2011 Item 7.A. DeselemKay . From: Sent: To: Subject: Pignataror@aol.com Monday, February 07, 2011 4:29 PM DeselemKay; StrainMark . Pud proposals As a resident of Olde Cypress I would like you and the planning commission to know I support the three Pud proposals DOA-PL2010-1052, PUDA-PL2010-388 and PUDZ-PL2010-1054 which you will consideron February 17, 2011. I believe the development of that parcel by Stock is in the best interest of the community especially considering an alternative could have been condos or other uses. I also believe the park proposal which has a number of people concerned would be a waste of space and not used by the community at large. It is unfortunate that wasn't enforced during the original development in a more suitable location. Having said that I do believe the planning commission should consider requiring Stock to put a wall along Imokalee rd as part of his plan. A wall would be secure. a sound barrier, and when the landscape grows, esthetically pleasing. Virtually all communities have them from high end ( gray oaks etc) to moderate (Island walk. village walk) the only glaring exception is Longshore lakes and their wooden wall is an eyesore and always falling down. This should become a mandate throughout Collier to keep the character of our community intact . Thank you for all you efforts on our behalf Richard Pignataro 7519 Treeline dr Naples FL 1 Packet Page -195- 4/26/2011 Item 7.A. Ms. Kay Deselem, AIep Ms. Nancy Gundlach, AICP Principal Planners Collier County Land Development Services 2800 North Horseshoe Drive Naples, FL 34104 . 7480 Treeline Drive Naples, FL 34119 February 4, 2011 c:;:~ -'.' ~ .~~ ~ Re: DOA-PL2010-1052 PUDZ-PL2010-1054 PUDA-PL2010-388 Dear Ms. Deselem and Ms. Gundlach, . Please let me take this opportunity to comment on this pending proceeding. The issue has essentially been building for many years. Wnen my husband and I purchased a home in Olde Cypress, we were drawn to the value for the money, the landscaping and the amenities. While neither of us are golf members nor do we play tennis, we looked forward to regularly using the fitness center (which we still do) and walking on the walking trails. We expected our grandchildren would .play in the parks when they came to visit. We quickly found out that the fitness center is woefully inadequate in size - a situation which the developer has been promising to remedy for five years. The walking trails do not exist. In the mid 2000's, security guards in golf carts would order walkers off the golf course cart paths citing insurance re~ulations. . Packet Page -196- . . . 4/26/2011 Item 7.A. Ms. Kay Deselem, AICP Ms. Nancy Gundlach, AICP February 4,2011 Page two The 3.9 acre park does not exist. The developer m~de' three efforts to rectify this omission. Initially, he proposed taking part of the driving range to become a park. Predictably, a frrestorm of protest from the golfers rejected that idea. Secondly, he added a "park" within feet of Immokalee Road and the Cocohatchee Slough around a pond. The trail in it is typically on a 30 degree angle with several badly worn benches added as afterthoughts. Where are the parks my impact fees bought? Thirdly, and unconscionably, the developer is now requesting in these three interlocking petitions - amongst other thIDgs - that the requirement for a park be dropped because 0 Ide Cypress is built -out, county staff missed the" requirement for said park (that statement was made in a public meeting in front of county employees!) and because there is no more room for a park in aide Cypress. Sadly, in its analysis of the petitions, county staff seems to agree with the petitioner. Elimination of the 3.9 acre park requirement would be a huge miscarriage of justice and violation of county ordin~ces. It would add sev~re injury to the insults that the homeowners of Olde Cypress have en4ured for at least five years at the hands of the developer. Thank you very much for your time, consideration and your efforts at a fair and considerate conclusion to this situation. v ~ry truly yours, ~J4I3>>1~ Sally B. Muir, Hom~wner ~ es D. Muir, Spouse Packet Page -197- - 4/26/2011 Item 7.A. From: Sent: To: Subject: Attachments: LeeB31937@aol.com Friday, February 04, 2011 9:26 AM DeselemKay PUDA-PL2010-388 OLDE CYPRESS #2 PARK & TRAILS.jpg . To: Planning Commission C/O Kay Deselem Principal Planner PUDA-Pl2010-388 OlOE CYPRESS The PUD requirement for a park and walking trails at Olde Cypress has been a contentious issue for several years. A park and trails were a part of the original plan for the community. Member of the community were told by the marketing department of Stock that this was one of the amenities they would receive. Furthermore, early sales literature (see attachment) given to prospective residents stated that these amenities would be provided. Stock has wanted to remove this requirement for some time. Two years ago Stock tried to force the community to accept removal of the requirement by threatening to place the park in the driving range. At that meeting Stock representatives stated that there was now no place to place the park except in the range. This attempt was viewed very negatively and the community showed up in mass at a Stock meeting to voice . their opposition. Commissioner Henning attended the meeting and supported the residents. Stock retreated and did nothing about the park and trails until now. At this juncture, Stock has now acquired the adjoining property and wishes to add it to Olde Cypress. Their is now sufficient land to place the park and trails in the newly acquired land. But Stock doesn't want to do it and is again trying to be relieved of this obligation so that more homes can be built. It is an economic decision for Stock. If he builds the park and trails, it will mean less acreage on which to build homes. Furthermore, it sets a bad precedent for the county to allow developers to "change the game rules" to the detriment of customers/residents just because it puts more money in their pockets. In my opinion Stock should not be relieved of this obligation unless the community as a whole agrees. Respectfully yours, Leland Berry 7414 Treeline Drive Olde Cypress . Packet Page -198- . . . 4/26/2011 Item 7.A. From: Sent: To: Subject: Frances Chinn [franceschinn@hotmail.com] Friday, February 04, 201111:07 AM DeselemKay Olde Cypress Dear Ms. Deselem: We are residents of Olde Cypress and are writing this e-mail to get on record that we feel Stock Development should meet its obligation of building a park and nature trails within our community. Although Olde Cypress is a lovely community and we have lived here since 2001, it is lacking in some ammenities. Having the park and nature trails were promised when we first purchased our property, and we feel those commitments and obligations should be honored. The park and nature trails can be included within the Vita Tuscana community, and we strongly urge the Planning Committee to reject Stock Development's request to relieve them of this responsibility. Thank you. Fran and Dave Chinn Packet Page -199- 4/26/2011 Item 7.A. email from Bellows from Strain from Thomas Sipila 1-31-11.txt From: Bel 1 owsRay Sent: Thursday, February 03, 2011 7:41 AM To: GundlachNancy; DeselemKay subject: FW: RE olde Cypress PUD Hearing Another comment for the file . -----original Message----- From: StrainMark Sent: wednesday, February 02, 2011 7:27 PM TO: BellowsRay subject: FW: RE olde cypress PUD Hearing please make sure this gets added to the CCPC packet on the 17th, thanks, Mark From: Tom sipila [tsipila@comcast.net] Sent: Monday, January 31, 2011 7:14 PM To: StrainMark subject: RE olde cypress PUD Hearing Hello Mark, As a long-standing resident of olde cypress, I feel stock Development should honor the 3.9 acre park commitment along with the nature trails promised in the original PUD. while stock Development has been an honorable partner in our development over the years, upholding this commitment would only confirm the true underlying integrity of the organization. Respectfully, Thomas sipila 3128 Terramar Dr Naples, FL 34119 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. . 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. Page 1 . Packet Page -200- . . . 4/26/2011 Item 7.A. email from Bellows from Strain from chuck slaght 1-31-11.txt From: BellowsRay Sent: Thursday, February 03, 2011 7:42 AM To: DeselemKay; GundlachNancy subject: FW: olde Cypress and Vita pima PUD Issues for February 17, 2011 please add to the CCPC back-up for this item -----original Message----- From: StrainMark Sent: wednesday, February 02, 2011 7:26 PM To: BellowsRay subject: FW: Olde Cypress and Vita pima PUD Issues for February 17, 2011 please make sure this gets added to our CCPC packet for the 17th, thanks, Mark From: Chuck Slaght [chuckslaght@comcast.net] Sent: Monday, January 31, 2011 7:25 PM TO: bmk@bmkre.com; AhernMelissa; HomiakKaren; StrainMark; MurrayRobert; jodiebert@comcast.net; schifferBrad; pmedney@collier.org; ReedcaronDonna Subject: Re: olde Cypress and Vita pima PUD Issues for February 17, 2011 Dear commissioners, The CCPC is hearing a proposal by the Stock Development Company to amend the olde cypress PUD to take out amenities that were promised in the original DRI documentation on February 17th. I have included a letter, also my filing with collier County code Enforcement (as a violation), and an email between County code Enforcement Nick casalanguida and Counselor Richard Yovanovich for your review and reference (I was also disappointed in the handling of this as I never received any notification that this case was closed and why: sad state of affairs as I had to pull this information out of them and I was the complainant). while stock Development's counsel Richard yovanovich states the PUD is not closed it is moving forward with another development which could easily handle the inclusion of a park (vita pima). So why then amend the PUD especially with the additional acreage available? I ask that when this comes before you that you "reject" the developers amendments and demand compliance with the DRI and PUD documentation. commissioner Henning was at an olde cypress community meetin~ where this was discussed a couple of years back and has heard the community s true feelings as have others please ask for their input. while we have an olde Cypress Master Property Owners Association (OCMPOA) it is apparent that it is not acting in the best interests of the community or it's membership (they tried to secretly make a deal with stock Development but were caught and withdrew it). when stock Development ran the OCMPOA with an iron totalitarian fist they could have just amended this without adversity, and we would have been caught off guard, but they have now been called on the carpet about this and tried to make an unsuitable area a park (actually was a lake and the back of a driving range) ask about that move and why it was done. If they owed nothing to the community why make the attempt to correct and provide an area with a walking trail around a lake in 2008 or 2009777 I am sick of people not living up to their word and agreements (especially if they can buy their way out) and we as a country are now facing people who don't keep their promises, word, and lack integrity: we can ill afford this. I am sadly disappointed that it has come down to this but we as a County can ill afford not demanding people provide as stated in the DRI/PUD documents to the letter of the law and to binding agreements between the SWFWMD (DRI) and Page 1 Packet Page -201- 4/26/2011 Item 7.A. email from Bellows from Strain from chuck slaght 1-31-11.txt the county (PUD) or everyone will seek to slither out of their arrangements with our citizens. If this was your community and you were promised a 3.9 acre park and you tendered money to buy your home there what would be your expectations? when people bring proposals before you do you not expect them to follow their plan and documentation? I ask you to think in this manner when looking at and applying- the legal and binding rendering or recommendation to the county commissioners that was also made many years ago by your predecessors! I hope your commission will stand up and make developers aware their word and promises are legally binding. please place copies of this in your CCPC packages for the meeting February 17th regarding this issue. Thank you for your service to our great county. God Bless, charles c. slaght 2918 Lone pine Lane Naples, Florida 34119 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. . 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. . page 2 . Packet Page -202- 4/26/2011 Item 7.A. . From: Sent: To: Subject: Carol Rafaloff [carolraf@comcast.net] Wednesday, February 02,201112:35 PM DeselemKay aide Cypress Development - Vita Tuscana I am writing to advise that I am not in favor of eliminating the 3 plus acre park at Olde Cypress which Stock is trying to have removed from the PUD. I believe there is enough property to have Stock put the park in for the children that live in Olde Cypress. All Stock need do is allocate a few lots near the golf course driving range instead of squeezing in a few more homes for their profit line. The park was supposed to be built and there is no reason for it not to be other than greed. Thank you for your consideration. Residents of Olde Cypress Carol and Howard Rafaloff 7359 Monteverde Way Naples, FL 34119 . . Packet Page -203- 4/26/2011 Item 7.A. From: Sent: To: Cc: Subject: Attachments: Alice MacDonough [aliciamacd@aol.com] Wednesday, February 02, 20113:09 PM DeselemKay; StrainMark James Kress; Carole Raff Raff OlDE CYPRESS PARENT Ibg.jpg; rbg.jpg; bgJetter.jpg 'c".": . .~- _>! ..,:~ ~-cc;~~,' '~~;~~:,:?~~_~~:~~.~~~;j~~~':~~.' .:. " ~~~~~~>~~;~~. .::~/t_:t.:~~.~", , ., .~".. ~ __.. 'w..'_ _ ,.. .,~"'~> ;!'?~._'Ml."",,~. =.;lm., '. u. '''''''#,~=''' '- . ~. ,........, ~.....' -_ ...r=.: ="'"'"~..... ~:!i;;''''-K,~~'' . _. " ..,1~~___ .........~\ - ::_ "r ~ q I am a mother of 4 children living in the Olde Cypress community for the last 7 yrs. We have been waiting many years for this "park" that was supposed to be built. Therefore ( am "NOT" in favor of eliminating the 3 plus acre park at Olde Cypress. which Stock is trying to have removed from the PUD. I believe there is more than enough property to build a small park. We love our community and the people who live here, but feel that the young ones are being pushed to the side. Stock has a written obligation to uphold...But would like for the county to excuse them from it... Should greed really be the deciding factor in this? Teach our children to let your "yes" mean "yes". Thank you for your time, -Alice MacDonough- Resident of Olde Cypress 7496 Treeline dr aliciamacdCcl>.aol.com Packet Page -204- . . . 4/26/2011 Item 7.A. . . Packet Page -205- 4/26/2011 Item 7.A. email from Mark Strain email from Alie MacDonough 2-2-11.txt From: Stra;nMark . Sent: wednesday, February 02, 2011 7:28 PM TO: DeselemKay subject: FW: OlDE CYPRESS PARENT Attachments: top.jpg; photos.png; bottom.jpg; bg_pattern.jpg; lbg.jpg; rbg.jpg; bg_l etter. j pg please make sure this gets added to our CCPC packet for the 17th. I did not know you were the planner, I assume that since this was sent to you, you are. I previously sent two more to Ray asking him to do the same, maybe you can coordinate with him. thanks, Mark From: Alice MacDonough [aliciamacd@aol.com] Sent: wednesday, February 02, 2011 3:08 PM To: DeselemKay; StrainMark Cc: James Kress; Carole Raff Raff subject: OlDE CYPRESS PARENT [cid:D8DBOC39-3A1F-4190-8009-B904E124LA34/top.jpg] I am a mother of 4 children living in the olde Cypress community for the last 7 yrs. We have been waiting many years for this "park" that was supposed to be built. Therefore I am "NOT" in favor of eliminating the 3 plus acre park at olde cypress, which Stock is trying to have removed from the PUD. I believe there is more than enough property to build a small park. We love our community and the people who live here, but feel that the young ones are being pushed to the side. Stock has a written obligation to uphold...But would like for the county to excuse them from it... Should greed really be the deciding factor in this? Teach our children to let your "yes" mean "yes". Thank you for your time, -Alice MacDonough- Resident of olde cypress 7496 Treeline dr aliciamacd@aol.com<mailto:aliciamacd@aol.com> . [cid:D8DBOC39-3A1F-4190-8009-B904E124IA34/2/photos] [cid:D8DBOC39-3A1F-4190-8009-B904E124IA34/bottom.jpg] 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. page 1 . Packet Page -206- . . . 4/26/2011 Item 7.A. email from Mark Strain w-chuck slaght email of 2-2-11.txt From: StrainMark Sent: wednesday, February 02, 2011 7:30 PM To: DeselemKay subject: FW: olde'cypress Staff Report Same as with the others to include in the packet. thanks, Mark From: chuck slaght [chuckslaght@comcast.net] Sent: wednesday, February 02, 2011 3:21 PM To: MarcellaJeanne; Diane Ebert; HenningTom; StrainMark Cc: casalanguidaNick; Adrienne Deluca subject: Re: olde cypress Staff Report Dear county Staff, It is disconcerting to see a "Staff Recommendation for Approval" at the bottom of this report! I am disappointed that a body (our collier county staff) would be willing to give away an amenity that was promised. Now that stock Development has additional land as requested in the amended olde cypress PUD (for the Vita pima development) I believe there could be dedicated land for a park. I see from recent newspaper stories and advertising that the lely Resort has a new section added by stock Development which states passive park areas and even a dog park were recently added to the resort's amenities due to resident requesting these amenities. Can you tell me why we/I have to fight for what has already been legally stated within our olde cypress DRI/PUD1DO (original woodlands PUD) documents? why is it that county Staff would think that resident-owners in olde cypress would just give away a 3.9 acre park (we have to date lost nature trails, bike stands, etc.)? why does county Staff side with the developer in this case? I will review the DRI and PUD documents and see what other amenities were promised and just pushed aside! DO you realize the true recreational value of a 3.9 acre park to a community and especially kids (just figure the simple land value and replacement costs)? Does county staff, cCPC commissioners, and our county commissioners have kids or grandkids who if they lived in olde cypress would have no open area to play (kick a ball around even): the yards in the community are really small (please look at an actual overhead of the community. We currently have kids playing in the streets which I consider unsafe even with a 25 MPH limit. I really do not care what a Board of five persons. may say (which is illegal anyways) about supporting the developer. They do not represent the community, period! We do have a number of HOA's within the olde cypress community which actually represent homeowners not just communal property (limited roads, a security gate, lakes, and some common landscape areas) and our homeowners and HOA's were never polled! I do want to see any document that states they support stock Development as this was not an issue properly voted upon by the community (referred to by Mr. yovanovich counsel to Stock)! The collier county long range strategic plans are sadly missing many green space areas and recreational land and I know the county is trying to right this oversight. I think that our OC PUD/DRI would be a great starting point to begin the stand to make sure residents in collier County have park land dedicated to recreational usage. This was already planned so stand firm in the langua~e and intent of the DRI/PUD/DO documents! I do not understand why Staff is maklng the cCPC the escape goat here within the Staff Recommendation section! what were your directives when this was given to Staff for a recommendation? Page 1 Packet Page -207- 4/26/2011 Item 7.A. email from Mark Strain w-chuck slaght email of 2-2-11.txt I believe that when county Staff stands before the CCPC and the county commissioners and voices their recommendations that someone take a stand and say there is definitely a need for parks in collier county and that this is one area where they should stand firm and demand the developer provide all that has been promised all along in the documents! No one informed the olde Cypress community of the RPC hearing on January 20, 2011. How does this happen when it concerns the entire community? while there maybe stock Development team players within the community there are many others who do not want to give away their property rights as promised. A contract extended in Florida between a developer and a prospective buyer where and when money is exchanged is a legal and binding contract. So how can this be legal to just sponge a park and nature trails from the DRI and PUD document? I am having trouble because if I did this to another entity I would be brought into court and taken to task (I would pay dearly). Can you explain the legality to me of this proposed amendment to the DRI the PUD and the Development order (DO)? I believe it is simply the case where the CCPC and County Commissioners stand fast and order stock Development to live up to their commitments and the olde cypress PUD/DRI/DO document. please give me the point of contact for the Southwest Florida Water Management District (SWFWMD) so that I can forward my concerns to them as well, Thanks. God Bless, charles c. slaght ----- original Message ----- From: MarcellaJeanne<mailto:JeanneMarcella@colliergov.net> TO: chuckslaght@comcast.net<mailto:chuckslaght@comcast.net> Diane Ebert<mailto:jodiebert@comcast.net> cc: casalanguidaNick<mailto:Nickcasalanguida@colliergov.net> Sent: wednesday, February 02, 2011 10:28 AM subject: FW: olde cypress staff Report . . Good Morning charles and Diane. Attached, please find a courtesy copy of the draft staff report for olde Cypress DRI & PUD. As interested stakeholders, I am providing you an early copy for your review. should you wish to discuss with me further, please do not hesitate to contact me. charles, I look forward to our meeting Friday morning @ 10:30. Diane, please stop by anytime. Respectfully, Nick casalanguida 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. Page 2 . Packet Page -208- Feb 02 11 10:00a Nictolas Whiteley 2395966214 4/26/2011 Item 7.A. p.1 . 2963 Mona Lisa Boulevard Naples aIde Cypress FL~4119-7733 Collier County Growth Management Division - Planning & Regulation Land Development Services 2800 North Horsesboe Drive Naples FL 34104 Tel (1) 239 - 5% 6214 Email: whiteleys@comcast.net Febru~ 1 ~t, 2011 Ann: Nancy Gundlach and Kay Deselem Dear Madam Re: Petitions.: PUDA-PL2010-388: DOA-PL201{)"1052: PUDZ-PL2010-l054 Hearing: 8.30am February 1'JO-..2011 Thank you for your letters dated January 28. 2011 regarding tbc Olde Cypress Development and Vita Pima hearings_. . Regrettably we will be unable to attend the above hearings due to other commitments on that date. However,as full time residents and home owners at Olde Cypress we wish to place on record that we fully support all three petitions and would hope that planning is granted so that coDstruction may begin soonest. We most certainly do not want or need a 3_9 acre park at OJde Cypress. Yours. fait:hfully /~ Nicholas Whiteley ~~~ Dorothy Whiteley . Packet Page -209- 4/26/2011 Item 7.A. From: Sent: To: Subject: sue1wine [sue1wine@stny.rr.com] Tuesday, February 01, 2011 9:20 AM DeselemKay Olde Cypress PUD/DRI Dear Kay: Ref: Existing Obligation for Development of 3.9 acres (minimum) of Parks and a Series of Nature Trails Ref: Collier County Planning Commission Meeting at 8:30 a.m. on Thursday, February 17,2011 As a resident of Olde Cypress for 8 years, I am very disappointed that the 3.9 acre Park and Nature Trails project is being taken off the table. I am a very avid biker and hiker and would love to take advantage of these wonderful trails. The promise of a park and nature trail is one of the reasons I bought in this development. It is still being advertised as one of the amenities if purchasing a home in this community. We are not allowed to use the golf paths even after hours due to insurance, etc. The only place we have is the streets within the development and outside the development. I've also had family and friends visit that would love to roller blade, but the development sidewalk and streets are not geared up for that type of activity. I would appreciate your attention in reconsidering the reinstating of this Park and Nature Trail for the use of aide Cypress residents. Thank you, Sue Dunlap Packet Page -210- . . . . . . 4/26/2011 Item 7.A. email from Mark Strain for pending Action on the olde cypress from slaught 11-18-10.txt From: StrainMark sent: Thursday, November 18, 2010 5:39 PM TO: DeselemKay subject: FW: pending Action on the olde Cypress PUD Attachments: Collier County Board of county commissioners Letter on PUD olde cypress and Vita Tuscana 101810.doc; olde cypress PUD and Collier .County code Enforcement letter 111510.doc Hi Kay. This just came in, I do not know when it is coming up, but the sender asked to have lt distributed to the CCPC. If you could see that happens I would appreciate it, thanks Mark From: chuck slaght [chuckslaght@comcast.net] sent: Th~rsday, November 18, 2010 4:08 PM To: StralnMark subject: Re: pending Action on the olde cypress PUD Dear Mark, I am forwarding two documents that I have previously sent to different agencies. The purpose of both letters and complaints was to make sure our Olde cypress PUD/DRI plan and promises are legally pursued. Also our investment in the olde Cypress PUD (our community) was predicated on the promise of a 3.9 acre park, jogging trails, bicycle trails, and nature walks. This was also included in sales brochures and documents and promised by sales staff as well. I think that an amendment to the olde cypress PUD is ludicrous, malicious, and illegal (you certainly wouldn't want this to happen in your community or any other in our county). There are NO amenities in our community for children, they have not followed the recommendations of the SWFRPC, nor their promise to county commission or your commission either, and now they want relief due to terrible planning and execution on their part stating they want to administratively sponge this off the documents as if it was an error. when I make a promise and sign a contract I am bound and I always live up to my word and integrity why shouldn't the same standard be enforced on our developers in collier county? If not who will be next quoting the same verbiage and precedence. please let me know when this comes to your commission for action. please recommend disapproval and share this with ALL your other commissioners. sincerely, charles C. slaght 2918 Lone pine Lane Naples, Florida 34119 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. Page 1 Packet Page -211- 4/26/2011 Item 7.A. From: StrainMark Sent: Thursday, November 18, 2010 5:39 PM To: DeselemKay Subject: FW: Pending Action on the aIde Cypress PUD Attachments: Collier County Board of County Commissioners Letter on PUD aIde Cypress and Vita Tuscana 1018l0.doc; aIde Cypress PUD and Collier County Code Enforcement letter ll15l0.doc Hi Kay. This just came in, I do not know when it is coming up, but the sender asked to have it distributed to the CCPC. If you could see that happens I would appreciate it, thanks Mark From: Chuck Slaght [chuckslaght@comcast.net] Sent: Thursday, November 18, 2010 4:08 PM To: StrainMark Subject: Re: Pending Action on the aIde Cypress PUD Dear Mark, I am forwarding two documents that I have previously sent to different agencies. The purpose of both letters and complaints was to make sure our aIde Cypress PUD/DRI plan and promises are legally pursued. Also our investment in the aIde Cypress PUD (our community) was predicated on the promise of a 3.9 acre park , jogging trails, bicycle trails, and nature walks. This was also included in sales brochures and documents and promised by sales staff as well. I think that an amendment to the aIde Cypress PUD is ludicrous, malicious, and illegal (you certainly wouldn't want this to happen in your community or any other in our county). There are Na amenities in our community for children, they have not followed the recommendations of the SWFRPC, nor their promise to County Commission or your commission either, and now they want relief due to terrible planning and execution on their part stating they want to administratively sponge this off the documents as if it was an error. When I make a promise and sign a contract I am bound and I always live up to my word Packet Page -212- . . . . . . 4/26/2011 Item 7.A. and integrity why shouldn't the same standard be enforced on our developers in Collier County? If not who will be next quoting the same verbiage and precedence. Please let me know when this comes to your commission for action. Please recommend disapproval and share this with ALL your other commissioners. Sincerely, Charles C. Slaght 2918 Lone Pine Lane Naples, Florida 34119 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 -213- 4/26/2011 Item 7.A. Collier County Code Enforcement: Shirley Garcia November 15,2010 . Re: Olde Cypress PUD located at Immokalee Boulevard and Olde Cypress/Treeline Drive - This is a complaint regarding the Olde Cypress Planned Urban Development (OC PUD) located at Immokalee Road and Olde Cypress/Treeline Drive, Naples 34119 and is filed against Stock Development for failure to build legally documented and promised resources/amenities for the OC PUD as required by the legal documentation presented herein. The first document is from the SWFRPC's official recommendations dated August 1986 page II-8. Section 1 Project Impact states that for every 1,000 residents there shall be a 2 acre requirement for a park and based on the 3,500 population estimate that equates to a 6.2 acre park requirement and only 3.9 acres were planned. Additionally the 3.9 acre park was remotely located in the Northeast comer and isolated by wetlands. Table D-1 shows 98.5 acres of Preservation Areas, Parks of3.9 acres, and Recreational Areas to be determined! Section 2 Remedial Action states that a.) "The total park size needs to be increased to Collier County standards. The parks should be more strategically located throughout the project. The parks planned for the northeast comer require pedestrian access, i.e. boardwalks through the preservation areas. All open space should have general pedestrian access." b.) "Prior to any development or construction the applicant . should meet with Collier County Parks and Recreation Department to determine park needs, locations and degree of facilities to be provided." Section 3 Applicant Commitment states that a.) "A bike/jogging path will parallel major interior roads." b.) "Open space/recreation areas will be owned and maintained by the homeowners association. " The second document I am referring to is "The Woodlands" Master Development Plan map titled "Exhibit H" this map shows dotted lines on all major roadways as indexed under the "Master Development Plan" indexed as "Bike/Jogging Trail." Petitioner: Immokalee Road Partnership & Greg Cabiness; Project Engineers: Hole Montes & Associates; Land Planner: Julian Bryan. .. The third document is from the 2000-37 pun Section IV pages one and two "Land Use and Regulation." Special attention is drawn to section 4.01 "Purpose" and 4.05 "Recreational Facilities and Schedule" starting at sentence three. "The schedule for development of these facilities relates to the absorption schedule of the proj ect towards build-out. 1.) Clubhouse and Golf Course with 18 holes, tennis and related country club facilities (125.14 acres); 2.) Swimming Pool; 3.) Bicycle Paths and Sidewalks; 4.) Nature Trails; 5.) Passive recreational uses of wetlands and transitional areas (preservation 176.2 acres minimum) and; 6.) Parks (3.9 acres minimum)." The bold emphasis is on uncompleted commitments/requirements of the OC pun and earlier SWFRPC official recommendations. . Packet Page -214- 4/26/201-1 Item 7.A. . The current developer, Stock Development, is seeking an amendment to the Olde Cypress PUD and the original I believe it was "The Woodlands" development! Code enforcement should become involved and make a determination as to violations of the original and current PUD requirements, enforce code, and recommend denial of any amendment of documented recreational amenities for the OC PUD to the Collier County Planning Advisory Board and Collier County Board of Commissioners of the amended Olde Cypress PUD currently under consideration. Further I believe your agency should demand that the developer meet the standards (letter of the law) of the "Land Use and Regulation" agreement of the 2000-37 PUD, original mapping/platting (The Woodlands), and the recommendations of the SWFRPC documented from August 1986 for "all" recreational amenities as negotiated and promised to Collier County officials and all owner-residents within aide Cypress PUD (advertised and bought into this community concept of a park, bike paths, and nature trails). Please forward this to the Collier County Planning and Advisory Board and the Collier County Board of Commissioners. Please assign a Code Enforcement Case number and email me this number so I can follow the case. Thank you very much for all your hard work for the citizens of Collier County. Very Respectfully, . Charles C. Slaght 2918 Lone Pine Lane Naples, Florida 34119 239-398-3739 chuckslaght@comcast.net . Packet Page -215- 4/26/2011 Item 7.A. October 26, 2010 . Dear Mr. Williams, D ~:~D:~ ~ Mr. Barry Williams, CPRP Director, Collier County Parks and Recreation Department 15000 Livingston Road Naples, FL 34108 Initially, the Olde Cypress residents with whom I have been working on the issue of the development of a park (s) within the Olde Cypress PUD/DRI were pleased that the Collier County Parks and Recreation Department tool.: the position in its letter dated April 3,2008 to Mr. John-Davis Moss, AlCP, Community Development Services that within the Olde Cypress PUD/DRI there continues to be a requirement for the development of a minimum of 3.9 acres of parks. We were, however, disappointed that your office determined in its letter to Mr. Moss that those park development requirements could be satisfactorily met by the" . . . designation of 3.9 acres of park on the east and west side of the westerly entrance into the PUD." I believe that the locations you refer to includes 2.1 acre lake/mortuary preserve along the eastern edge of the development (identified as the Lake 14 area on the Olde Cypress PUD Master Plan) and approximately 2 acres ofthe southern end of the existing Golf Course Driving Range (a previously approved 9.3 acre parcel). . I know of no resident who would support the virtual destruction of our golf course driving range to develop a 2 acre park vvithin its southern boundaries. Furthermore, the selection of the 2.1 acre lake/mortuary preserve to serve as a second 2 acre park location is impractical and of questionable value to our residents. An examination of the location shows that 80% of the acreage consists of an elliptical pond with a single 6-8 ft. wide grass strip around it that was constructed with an approximate 45 degree slope. Its located is somewhat isolated being outside of the gated area of the community (a potential security issue), across Olde Cypress Blvd. and adjacent to Immokalee Road (road noise issues). Access would be most inconvenient for the residents as there is no parking available near the site, and those intending to walk from the community around the lake/park would need to walk practically from the Olde Cypress front gatehouse on Treeline Dr. turn south and walk down Olde Cypress Blvd. to Immokalee Road in order to safely cross Olde Cypress Blvd. at the only designated cross walk to access the lake/park area. . Packet Page -216- . . . 4/26/2011 Item 7.A. Sir, there is simply nothing there except a pond and a perimeter path around it that was not designed for walking. Under those circumstances, I seriously doubt if anyone would use the site, and I cannot envision how it could be developed further. Since your 2008 letter of recommendation., Stock Development has purchased 65.29 acres ofland within the Olde Cypress PUD/DRI, formally designated as one of the "Out Parcels" immediately east of the 9.3 acre golf course driving range. Tbis parcel is presently identified as "Vita Tuscana." On June 14,2010, the developer submitted a petition to the county (Kay Deselem has the action at Planning) for a PUD Rezone for Vita Tuscana (fka HD Development) to build a maximum of 158 family units. I respectfully suggest that your office review again the possible location (s) for the park and recommend that the developer would best serve the interests of the entire Olde Cypress Community by adding the proposed development of a 3-4 acre park within the Vita Tuscana project area. Sincerely, ';l~ (j /(~ Uames P. Kress 2893 Lone Pine Lane Naples, FL 34119 (239) 566-7410 cc: Mr. Steven T. Williams Ms. Kay Deselem Ms. Nancy Gundlach 2 Packet Page -217- 4/26/2011 Item 7.A. From: Keith Gelder [kgelder@stockdevelopment.com] Sent: Friday, October 22, 2010 10:42 AM To: GundlachNancy; DeselemKay Cc: 'Chris Mitchell'; Rich Yovanovich (ryovanovich@gcjlaw.com) Subject: FW: [Olde Cypress Master Property Owners Association Newsletter]: Board Position on PUD's . Kay & Nancy, Please see the correspondence below from the Olde Cypress Master Property Owners Association in support of the Olde Cypress & Vita Tuscana PUD Amendments. Thanks. Keith Gelder Stock Development Development Manager 2647 Professional Circle, Suite 1201 Naples, FL 34119 (239) 449-5227 Office (239) 280-6504 Mobile (239) 592-7541 Fax -----Original Message----- From: Admin@OCMasterPOA.com [mailto:Admin@OCMasterPOA.com] Sent: Saturday, October 16, 2010 11:18 PM To: Keith Gelder Subject: [Olde Cypress Master Property Owners Association Newsletter]: Board Position on PUD's . Olde Cypress Master Property Owners Association Newsletter Fellow Residents of Olde Cypress, During the Q&A session following last Wednesday's Master Association Board meeting, a resident specifically asked if the Master Association Board would be taking a position on the two Planned Unit Development (PUD) amendment applications currently submitted to Collier County seeking approval of zoning changes. The answer was "no", the Master Board would not take a position on the PUD amendments but each individual board member, as a resident, could represent their own position. In the two PUD's the petitioner is asking the County to approve the applications to allow development of Vita Tuscana. Since that meeting, the Master Association Board Members have been individually canvassed and the sense of the board is that the Master Association Board will take a position to support the approval of the two PUD amendment applications. . Packet Page -218- . . . 4/26/2011 Item 7.A. In compliance with the Land Development code requirements, a Neighborhood Information Meeting (NIM) will be held on Monday evening October 18th at 5:30 pm at the Olde Cypress clubhouse. This meeting is being held to provide residents an opportunity to become fully aware of stock Development's development intentions and to give residents an opportunity to influence the form of development. Respectfully, Damian A. Thomas On behalf of the OCMPOA BOD. http://ocmasterpoa.com - Olde Cypress Master Property Owners Association Staff --------------------------------------------------------- --------------------------------------------------------- You are receiving this Newsletter because you selected to receive it from your user page at Olde Cypress Master Property Owners Association. You can unsubscribe from this service by clicking in the following URL: http://OCMasterPOA.com/user.php?op=edituser then select "No" from the option to Receive Newsletter by Email and save your changes, if you need more assistance please contact Olde Cypress Master Property Owners Association administrator. <, Packet Page -219- 4/26/2011 Item 7.A. October 18,2010 R . Nancy Gundlach and Kay Deselem Growth Management Division Department of Land Development Services 2800 North Horseshoe Drive Naples, Florida, 34104 Subject: Olde Cypress PUDIDRI Existing Obligation for Development of3.9 acres (minimum) of Parks and a Series of Nature Trails (unspecified length) Dear Planners: In accordance with Paragraph 4.05.4 (Nature Trails) and 4.05.6 (parks), SECTION IV, Olde Cypress PUDIDRI, dated December 28, 1999, the subject obligations were specifically established for the developer to undertake in the process of developing the OIde Cypress community. I ask that the Collier County Planners recommend to the County Commissioners that Stock Development not be relieved of its responsibility to meet its obligations under paragraphs 4.05.4 and 4.05.6 of the PUDIDRI. . My position on this matter is predicated on the following facts and observations. a On June 8, 2010, Christopher R. Mitchell of Waldrop Engineering submitted a request (referencing PUDA-PL20l0-388) to Ms. Gundlach asking that she support his request to the Commissioner on behalf of Stock development to revise the language of paragraph 4.05.6 striking any referenced obligation for a "... park requirement." Mr. Mitchell based his request on the following hypothesis: "During the original zoning application review and permitting, Section 4.05.6 was included that requires 3.9 acres (minimum) of park located within the PUD/DR! Boundary. The 3.9 acre park was proposed to be in the northwest corner of the DRI per the PUD master plan submitted with the application. During the review process, the land use along the eastern boundary of the PUD/DR! was revised to exclude any and all development, including the required park acreage, at the request of Collier County staff to reduce impacts to the environmentally sensitive area. The area along the eastern boundary was revised in the master plan to be wetland/preserve, yet the language in Section 4.05.6 was never revised to exclude the requirement of the park" . Packet Page -220- 4/26/2011 Item 7.A. . b. I question the validity of the above request for relief for the following reasons: 1) The fact that the County staff purportedly directed the revision of the northeast boundary of the Master Plan to exclude the introduction of any park land in the wetland/preserve area in no way relieved the developer of his responsibility to develop a minimum of 3.9 acres of parks and the establishment of Nature Trails in other areas located within area project's 538+ acres as the community was being developed. 2) In paragraph 9.02 B, SECTION IX, General Development Commitments, it states: "The design, criteria and lay-out illustrated in the Master Plan and Development Plan shall be understood as flexible so that the final design may comply with all applicable requirements (my italics) and best utilize the existing natural resources." . 3) Now that the development of the initial area project is completed and the developer made no effort to meet his initial obligation by developing park lands and Nature Trails in the remaining 500+ acres Oess the wetlands/preserve areas) as the community was being built out, he asks that the County relieve him of the obligations because they no longer existed once the initial parks locations were taken off of the Master Plan diagram. Based on in the facts as outlined in sub- paragraphs b. 1) and 2) above, his conclusions about no longer having an obligation to develop the park land and Nature Trails are without merit. 4) lfthe developer believes, as he told those Olde Cypress residents present at a recent public meeting held at OIde Cypress, that once the parks were removed from the original Master Plan in the early development stages of the project, he no longer had any obligation to develop a park elsewhere within the community, then why did a former Stock Development VP meet with a group of Olde Cypress residents in the 2007/2008 Winter Season acknowledging that the park had not been developed, and saying that the only place remaining within the community that Stock Development can think of to establish it was at the southern end of the existing Golf Driving Range? 1 A suggested location, I might add that is outside of the gated portion of our community, thereby open to public access, and located right next to the traffic noise ofImmokalee Road. c. .As the substantial majority of the aIde Cypress residents are golfers and opposed the virtual elimination of a full size Golf Driving Range so that a 3.9 acre park could be established at its southern end, and as no other practical location . 1 Note that County Commissioner Tom Henning was present at this meeting held at the Olde Cypress Club House. 2 Packet Page -221- 4/26/2011 Item 7.A. currently exists within the original Olde Cypress area project, I suggest that Stock Development revise its recent petition: PUDZ-PL201O-1054 that requests a PUD Rezone for Vita Tuscana (fka lID Development) to include the addition of a 3.9 acre park and a small Nature Trail complex within the additional 65.29 acres to be developed within the overall expanded OIde Cypress PUD/DRI. . I thank you for your consideration of this important issue. Sincerely, James P. Kress 2893 Lone Pine Lane Naples FL 34119 (239) 877-1601 An aIde Cypress resident . . 3 Packet Page -222- 4/26/2011 Item 7.A. Collier County Board of County Comm.issioners Collier County Planning and Zoning Advisory Board Collier County Urban P13.l.ll1ers October ] 8, 2010 Re: PUDZ-PL2010-1054 and PUDA-PL2010-388 Dear Honorable Madame~s and Sir~s, I am writing this letter to voice my objections to the passage of both the amendment and revision/rezoning to the Olde Cypress PUD and the Vita ad hope you will see the error in both planlled urban deveiopment changes. First I W3.I.,t to address PUDA-PL201 0-388 the (Olde Cypress Development) issue. I have no issues with reducing the projected density from 1100 to 942 dwelling units. I do take issue with the elimination of trails and park (3.9 acres minimum) however. I believe especially the DR! atld the PUD both stated that "there needs to be" and ''there would be" a 3.9 acre park with nature walking trails! I also understand that PUD designs change Bur do not eliminate the general elements (h01ues, golf courses, parks, etc.). I further understand there can be amendments to PUD designs but that this does not include changing DID requirements or represent majoT changes. Secondly, let me say that at no time until the present (2010) has anyone precluded t.;.e lake and nature trails for the PUD/DRJ and that almost ALL homes were sold with the "lake/nature trails" listed as amenities and this is the reason many people bought home sites and built in the Olde Cypress POO/development! Please check the DR! carefully and let me know about this issue. Even thou~~ the Stock Development Company was not listed as the original developer the Stock Family funding "was" part of the original party to the origination of the PlJD, its layout, and the actual development ofOlde Cypress {please look at all the documents for principal parties}. All parties . entered into a legal and binding agreement with Coliier County Commissioners such that they could proceed, develop, sell, and profit from the residential lots, dwellings, and amenities (a golf course could produce income) that were developed. The listing of a park and nature traiis was included in brochures, the OIde Cypress sales website, and sales documents handed out by Stock sales representatives (mine Cfu-ne from Chr-is 8t Cyr a Stock Development licensed realtor). p...s these amenities are presented as an inducement to buy with entitlements (usage and equity) I find it fraudulent . Packet Page -223- 4/26/2011 Item 7.A. for anyone to try and back out of a legal agreement (both with Collier County and resident-owners). . Recently Stock Development in an attempt to satisfy the requirements of the PUD and the DR! document attempted to develop a park with a singular walking trail at the entrance to the Olde Cypress community. This was outside our gated community and thus fatally flawed (no parking, dangerously located next to major canal, a lake actually served as the park aspect when the driving range directly across the street was not acceptable to the community or the golf members). While Mr. Brian. Stock may say this was done by a subordinate VP after a heated community meeting, where resident-owners stated emphatically they wanted their park and nature trails, it was therefore an. attempt to rectify Stock Development's requirement for a park and nature trails, and validated through an action Stock's requirement to have a park and nature trails as required in the PUD/DRI document and agreement with County Commissioners. One more factor there are NO amenities for children in our communir-y (I am told there are 50+/- children currently). I am not asking for a 3.9 acre park with. playground equipment all I want to see is a park with "green space" for children to say kick a ball around or play catch as promised. All children . currently play in the street and this is a huge safety issue and we have terrible drivers (you can ask)! Nature trails are a push unless they are elevated walkways in our current preserve areas but a park should be available for everyone. Finally, if you were promised something and you paid good money for this with this and it was a selling point/promise wouldn't you want this for your family (especially for the children) and we aren't talking small amount but a major even lifetime investment? I believe and I am hoping it is your duty and responsibility to follow the letter of the law andreject the administrative amendment (pUDA-PL2010- 388) request and direct Stock Development to provide a park and walking trails and/or enter binding mitigation with "all resident-owners" individually to find an appropriate legal solution (not the OIde Cypress Mas'"t.er Property Owners Association as this is &""1 issue far too important for a five person OC POA Master Board to determine a legal and responsible solution). Next let me address PUDZ-PLI054 (VITA PIMA Vita Tuscana RPUD) and some concerns. I am genuinely concerned with Stock Development request to rezone this land as I believe the current zoning is appropriate and allows I I .1 Packet Page -224- 4/26/2011 Item 7.A. development within their current community design perimeters. It is my understanding that Stock Development does not cU.t."Tently O\\Tfi the area on their representative Vita Tuscana RPUD map where they are requesting the 33 multi-family dwellings to be located (to be obtained later?) but even if they do own it, it is difficult to see how this could be incorporated into Vita Tuscana RPUD due to possible slough separation. I also have a problem ,vith the fact that this RPUD will need access onto our roadway system (Treeline Drive) which is another separate PUD (commercial area to the east with access seems only logical solution as it appears landlocked). "What are the ingress and egress plans for the multi-family dwellings and the RPUD in general? WPile we may have a few issues with allocating access to the single family dwellings of Vita Tuscana RPUD we certainly do have insurmountable issues for multi-family access to our community as we are a single family type gated community. Ifwe are having issues with a park and nature trails within our PUD how are we going to be able to control the VT RPUD as well as the 33 multi-family dwelling issue. I do not like to see something placed with "vague promises" or hearing that ''that will not happen" in a rezoning request (33 multi-family dwellings) as it eventually becomes a right for the developer as enacted by the County Commission. Now pair this with the request to administratively amending and taking out the Park and Nature Trails from our OIde Cypress PUD and all oftbis is just not right: see the logic? Please contact me if you have any questions. I thank you for your time, for your service, and for your dedication I am hoping you will see the validit"y in my request for denials of both requests and will act in our best interests as I would ror vours and vour families! J J God Bless, /'.) ..t r" I . .. .. ifi:=:- i' t~~l~J:. t~ "-- Charles C. Slaght 2918 Lone Pine Lane Naples, Florida 34119 Packet Page -225- 4/26/2011 Item 7.A. DEVELOPMENT ORDER NO. 11-_ RESOLUTION NO. 11- . A RESOLUTION AMENDING RESOLUTION NUMBER 86-01, FOR THE OLDE CYPRESS DEVELOPMENT OF REGIONAL IMP ACT BY PROVIDING FOR: SECTION ONE: AMENDING THE FINDINGS OF FACT SECTION TO REFLECT AN INCREASE IN TIm OVERALL ACREAGE AND TO INCREASE THE NUMBER OF SINGLE FAMILY AND MULTI-FAMILY DWELLING UNITS AND AMENDING THE MASTER PLAN, LEGAL DESCRIPTION TO ACCOUNT FOR THE ADDED LAND AREA AND TO REMOVE THE PARK REQUIREMENT; SECTION TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW; AND SECTION FOUR: EFFECT OF PREVIOUSL Y ISSUED DEVELOPMENT ORDER, TRANSMITIAL TO DEPARTMENT OF COMMUNITY AFFAIRS AND EFFECTNE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida approved Development Order 86-01 (the Development Order) on November 6, 1986, which approved a Development of Regional Impact (DRI) now known as OIde Cypress formerly the Woodlands . Development Order; and WHEREAS, subsequent to the approval of Development Order No. 86-01, the Board of County Commissioners of Collier County, Florida approved several amendments to said Development Order; and WHEREAS, "OIde Cypress", represented by Chris Mitchell of Waldrop Engineering, P.A. and Richard D. Y ovanovich, Esquire of Coleman, Y ovanovich & Koester, P .A, has filed its application and Notice of Proposed Change (NOPe) to Development Order No. 86-01, as amended, which is attached hereto and incorporated herein as Exhibit "B"; and WHEREAS, the Board of County Commissioners, as the governing body of the unincorporated area of Collier County, Florida, with jurisdiction pursuant to Section 380.06, Olde CypressIDOA-PL201O-I052 Rev. 2/14/11 I of6 Words stnlek tllroubh are deleted; words underlined are added. Packet Page -226- . 4/26/2011 Item 7.A. . Florida Statutes, is authorized and empowered to consider proposed changes to the Olde Cypress DRI Development Order No. 86-01, as amended; and WHEREAS, the Collier County Board of County Commissioners passed Ordinance No. on , which had the effect of amending the PUD zoning district for the Olde Cypress development previously approved in Ordinance No. 2000-37; and WHEREAS, on , the Board of County Commissioners of Collier County, Florida, in accordance with Section 380.06, Florida Statutes, having considered "Olde Cypress" application and Notice of Proposed Change to the Olde Cypress DRI Development Order No. 86-01, as amended, and record made at said hearing, and having considered the record of the documentary and oral evidence presented to the Collier County Planning Commission, the report and recommendation of Collier County Planning Staff and Advisory Boards, the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC), the Board of . County Commissioners hereby approves the following Olde Cypress DRl Development Order amendments. NOW, TIffiREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER AND MASTER PLAN Paragraph 4 of the Findings of Fact Section of Development Order 86-01, as amended, for the Olde Cypress DRl is hereby amended to read as follows: The applicant proposes the development of 01de Cypress pursuant to the ADA, and the terms and conditions of this Development Order, as the same may be amended. The development consists of ~ 602 acres which includes a maximum of 165,000 square feet of commercial retail on a maximum of 12.5 acres, residential development of 1,100 dwelling units on approximately ~ 184.2 acres, approximately 176.2 acres of preservation area, and approximately ~ 181.5 acres of lakes, open . aide Cypress/DOA-PL201O-1 052 Rev. 2/14/11 20f6 Words strueJ.c threl:lgR are deleted; words underlined are added. Packet Page -227- 4/26/2011 Item 7.A. space, an 18-hole golf course and 2.1 acres of lake/preservation area to preserve archaeological resources. The general plan of development is depicted on Exhibit "A" attached hereto and incorporated herein by reference, although the acreages referenced therein and stated herein may vary somewhat to accommodate site conditions, topography and environmental permitting requirements. . Paragraph 6 of the Findings of Fact Section of Development Order 96-2, as amended, for the OIde Cypress DR! is hereby amended to read as follows: 6. VEGETATION AND WILDLIFE: h. Prior to the issuance of any local development order to allow vertical construction for lands within the 63.9 acres being added in this amendment. the developer. or his assigns. will submit and receive approval of a Big CyPress Fox Squirrel Manaeement Plan that includes an overall preserve manaeement plan. Said plans must clearly identify a method to identify the preserve boundary. This submittal shall be made concurrently to RPC. DCA. FWC and Collier County. Paragraph 9 of the Findings of Fact Section of Development Order 96-2, as amended, for the Olde Cypress DR! is hereby amended to read as follows: . 9. GENERAL CONSIDERATIONS: In "The Woodlands" ADA, numerous Commitments were made by the applicant to mitigate project impacts. Many, but not all of these commitments, are listed in this Development Order. Additionally, the ADA provided a Phasing Schedule that provided the timing .basis for this review. If this phasing schedule is significantly altered by the applicant then many of the basic assumptions of this approval could be substantially changed, potentially raising additional Regional issues and/or impacts. Conditions: a. All commitment and impact mitigating actions provided by the applicant within the Application for Development Approval (and supplementary documents) that are not in conflict with specific . conditions for project approval outlined above are officially adopted excepting any park requirements, as conditions for approval. Olde Cypress/DOA-PL2010-1052 Rev. 2/14/1 ) 30f6 Words struek througb are deleted; words underlined are added. Packet Page -228- . . . . 4/26/2011 Item 7.A. SECTION TWO: FINDINGS OF FACT A. The real property, which is the subject of the proposal, is legally described as set forth in Exhibit "B", attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The applicant submitted to the County a Notice of Proposed Change to a previously approved DR! known as Exhibit "C", and by reference made a part hereof. D. The applicant proposes the development of Olde Cypress on 602 acres of land for residential/golf course and commercial development described in Development Order 86-01, as , amended. E. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments and the SWFRPC. F. The development is not in an area designated an Area of Critical State Concern pursuant Section 380.05, Florida Statutes, as amended. G. The proposed changes to the previously approved development are consistent With the report and recommendations of the SWFRPC. SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order do not constitute a substantial deviation pursuant to Section 380.06(19), Florida Statutes. The scope of the development to be permitted pursuant to this Development Order Amendment includes operations described in the Notice of Proposed Change to a previously approved DR!. Exhibit "c" attached hereto and by reference made a part hereof. Olde Cypress/DOA-PL2010-1052 Rev. 2/14/11 4 of 6 Words struElk througk are deleted; words underlined are added. Packet Page -229- 4/26/2011 Item 7.A. B. The proposed changes to the previously approved Development Order fall within the parameters for extensions of build out pursuant to Section 380.06(15)(g), Florida Statutes. C. The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. D. The proposed changes to the previously approved development are consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. E. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. F. The proposed changes do not constitute a substantial deviation pursuant to Subsection 380.06(19), Florida Statutes. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DCA AND EFFECTIVE DATE 1. Except as amended hereby, Development Order No. _, as amended, shall remain in full force and effect, binding in accordance with its terms on all parties thereto. This amended Development Order shall take precedence over any of the applicable' provisions of previous development orders which are in conflict therewith. 2. Copies of this Development Order (Resolution) shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. 3. This Resolution shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Olde CypressIDOA-PL2010-1052 Rev. 2/14/11 50f6 Words straGk ilirSllgB are deleted; words underlined are added. Packet Page -230- . . . . . . 4/26/2011 Item 7.A. , 2011, after motion, This Resolution adopted this _ day of second, and majority vote. ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney 5-(~ 1.1.1\ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Chairman Attachments: Exhibit A - Map H Exhibit B - Legal Description Exhibit C - Notice of Proposed Change CP/l O-CPS-Ol 045\44 Olde CypressIDOA-PL2010-1052 Rev. 2/14111 60f6 Words !itruek through are deleted; words underlined are added. Packet Page -231- ~ n ,1 I' ~ .r 4/26/2011 Item 7.A. LONGSHORE LAIC&: . . .. "0 "'" ~~ .. ..................... . ..................... . ......... I............ '"................. "" ............. I...... 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"::::::::::::::::::::::::::::;::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::',::::::::::::::::::::: .................,................................... . !~CD .2 -- .~.....- ~ I> I I I I D I c) . ~~: : ".~ . . ~ ~~I!l gb'"~ 0 r~~ .. ~ ~il~i'i ~ :. = ~ i:l~l!l C! ~ ~~ m I ~~l Cils~n; ~io~ ~ ~ ~z'C'c.ra 0 ~oll~ Cl .. lli!jil. '" ~ ~~11 i1l ~ ~~~~ ~ " ~~ g~r;;~ ill '" !l " ;~g~ .. ~~:g ~ ~g ~ ~ r-ciSlii ~ 8 gi! ho '" ~~DiI':' ~ " liil' .. ~'" z!lil Eca~ ~ ~::l !'!Cl~ c .. c ~~c ~ g g::<< '" 6~'" 2 ~ l: c D a n 2. ~ !O ~ " ': ~ .,. 0 z Z e ~ OLDE CYPRESS DRI . CLIENf: VITA prMA. LtC. DR! MASTER PLAN EXHIBIT "II" Packet Page -232- . . . 4/26/2011 Item 7.A. Rhodes & Rhodes Land Surveying, !no. 28100 Bonita Gmnde Drive, Suite 107, Bonita. Springs, Florida. w.85 Phone (239) 405-8166 Fa.t. (239) ~8163 DESCRIPTION OF A PARCEL OF LAND LYING IN SECTIONS 21 & 22t TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA A PORTION OF SECTIONS 21 AND 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: THENCE RUNN.00llS9'51"W. ALONG THE WEST LINE OF SAID SECTION 21, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRmED; THENCE CONTINUE N.OODS9'51 "W. ALONG THE WEST LINE OF SECTION 21 A DISTANCE OF 2560.17 FEET TO THE WEST ONE-QUARTER CORNER OF SAID SECTION 21; THENCE RUN N.01DOO'08"W.t ALONG THE WEST LlNE OF SAID SECTION 21, FOR A DISTANCE OF 2659.99 FEET TO THE NORTHWEST CORNER OF SAID SECTION 21; THENCE RUNN.89004'49"E., ALONG THE NORTH LINE OF SAID SECTION 21 A DISTANCE OF 2645.04 FEET TO THE NORTH ONE-QUARTER CORNER OF SAID SECTION 21; THENCE RUN N.89D04'26"E., ALONG THE NORTH LINE OF SAID SECTION 21, FOR A DISTANCE OF 2644.36 FEET TO THE NORTHEAST CORNER OF SAID SECTION 21; THENCE RUN S.00055'09"E., ALONG THE EAST LINE OF SAID SECTION 21, FORA DISTANCE OF 2663.26 FEET TO THE EAST ONE-QUARTER CORNER OF SAID SECTION 21; THENCE RUN S.OOD55'37"E., ALONG THE EAST LINE OF SAID SECTION 21, FOR A DISTANCE OF 666.00 FEET TO THE NORTHWEST CORNER OF AMBER TON, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 4278 AT PAGE 3396 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89006'04"E., ALONG THE NORTH LINE OF SAID CONDOMINIUM FOR A DISTANCE OF 656.66 FEET; THENCE RUN S.Ol 001'19"E. FOR A DISTANCE OF 1898.09 FEET TO THE NORTH RIGHT-OF- WAY LINE OF THE COCOHATCHEE CANAL (100 FEET WIDE)AS RECORDED IN DEED BOOK 43, PAGE 251 OF SAID PUBLIC RECORDS; THENCE RUN S.89009'07"W., ALONG SAID NORTH RIGHT-OF-WAY LINE, FOR A DISTANCE OF 659.81 FEET TO THE EAST LINE OF SAID SECTION 21: THENCE RUN S.89D09'28"W., ALONG SAID NORTH RIGHT-OF-WAY, FOR A DISTANCE OF 660.31 FEET TO THE SOUTHWEST CORNER OF F AIRWAY PRESERVE AT OLDE CYPRESS, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 3866 AT PAGE 4006 OF SAID PUBLIC RECORDS AND TO THE EAST LINE OF A PARCEL OF LAND DESCRIBED TN OFFICIAL RECORDS BOOK 4079 AT PAGE 1265 OF SAID PUBLIC RECORDS; THENCE RUN N.Ooo56'04"W., ALONG THE WEST LINE OF SAID CONDOMINIUM AND EAST LINE OF SAID PARCEL, FOR A DISTANCE OF 1231.49 FEET TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE RUN S.89008'07"W., ALONG THE NORTH LINE OF SAID PARCEL AND THE NORTH LINE OF A PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4079 AT PAGE 1259 OF SAID PUBLIC RECORDS, FORA DISTANCE OF 660.47 FEET TO TIlE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4079 AT PAGE 1259 OF SAID PUBLIC RECORDS; THENCE RUN S.OOD56'31"E.. ALONG THE WEST LINE OF SAID PARCEL, FOR A DISTANCE OF 1231.23 FEET TO THE SOUTHWEST CORNER OF SAID PAR.CEL AND TO THE NORm RIGHT-OF- WAY LINE OF THE AFORESAID COCOHATCHEE CANAL; THENCE RUN S.89009'28"W., ALONG SAID NORTH RIGHT-OF-WAY LINE, FORA DISTANCE OF 990.47 FEET TO THE EAST LINE A PARCEL OF LAND DESCRIBED IN SHEET 1 OF 2 I!!!..LJL ~a. I"ll Packet Page -233- 4/26/2011 Item 7.A. Rhodes & Rhodes Land Surveying, Ino. 28100 Bonita, Graude Drive, Suite 107, Bonita Springs, Florida. 84135 Phone (289) 40&-8166 ~ (239) 405-8168 OFFICIAL RECORDS BOOK 3579 AT PAGE 3894 OF SAID PUBLIC RECORDS; THENCE N.Ooo57'12"W., ALONG SAID EAST LINE, FORA DISTANCE OF 224.51 FEET TO THE NORTIIERL Y LINE OF SAID PARCEL; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL THE FOLLOWING THIRTEEN (13) COURSES: (1) THENCE S.65023'20"W., FORA DISTANCE OF 43.57 FEET; (2) THENCE S.78026'13"W., FORA DISTANCE OF 61.22 FEET; (3) THENCE S.80004'25''W., FOR A DISTANCE OF 45.57 FEET; (4) THENCE S.84027'31 "W., FOR A DTST ANCE OF 31.15 FEET; (5) THENCE S.80009'47"W., FOR A DISTANCE OF 30.89 FEET; (6) TIffiNCE S.S8048'23"W., FORA DISTANCE OF 24.42 FEET; (7) THENCE S.54027'OS"W., FORA DISTANCE OF 36.02 FEET; (8) THENCE 8.40025' 12"W., FOR A DISTANCE OF 33.11 FEET; (9) THENCE S.470S7'45 "W.. FOR A DISTANCE OF 62.74 FEET; (10) THENCE S.50021 'OS"W., FORA DISTANCE OF 49.97 FEET; (11) THENCE S.68022'05"W., FORA DISTANCE OF 37.47 FEET; (12) THENCE S.42018'38"W., FORA DISTANCE OF 39.61 FEET; (13) THENCE S.S6049'27I1W., FORA DISTANCE OF 15.80 FEET TO THE AFORESAID NORTIIERL Y RIGHT-OF-WAY LINE OF A 100 FEET WIDE DRAINAGE CANAL; THENCE RUN S.89008'23 "W., ALONG SAID NORTH RIGHT- OF- WAY LINE, FOR A DISTANCE OF 2528.93 FEET TO THE POINT OF BEGINNING. LESS THE FOLLOWING DESCRIBED PARCEL: DA VINCI ESTATES AT OLOE CYPRESS, A SUBDIVISION RECORDED IN PLAT BOOK 35 AT PAGES 33 THROUGH 37, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND ALSO BErNG DESCRIBED AS FOLLOWS: A PORTION OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA: THENCE RUNN.00059'51 "W. ALONG THE WEST LINE OF SAID SECTION 21, FOR A DISTANCE OF 1 00.00 FEET POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; TIlENCE CONTINUE N.Ooo59'51I1W. ALONG THE WEST LINE OF SECTION 21, FORA DISTANCE OF 2560.17 FEET TO THE WEST ONE. QUARTER CORNER OF SAID SECTION 21; THENCE RUN N.89006'45 "E., ALONG THE SOUTII LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 21, FOR A DISTANCE OF 660.99 FEET TO THE POINT OF BEGINNlNG OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.Ol oOO'Ol"W., ALONG THE WEST LINE OF SAID DA VINCI SUBDIVISION, FOR A DISTANCE OF 1330.06 FEET; THENCE RUN N.89005'40"E.. ALONG THE NORTH LINE OF SAID DA VINCI SUBDIVISION, FOR A DISTANCE OF J 321.51 FEET; THENCE RUN S.OooS8'40"E., ALONG THE EAST LINE OF SAID DA VINICI SUBDIVISION, FOR A DISTANCE OF 1330.47 FEET; THENCE RUN S.89006'45."W., ALONG THE SOUTH LINE OF SAID DA VlNCI SUBDIVISION, FOR A DISTANCE OF 1320.99 FEET TO THE POINT OF BEG.lNNING. PARCEL AS DESCRIBED CONTAINS 602.04 ACRES, MORE OR LESS. SHEET 2 OF 2 Packet Page -234- . . . . . . 4/26/2011 Item 7.A. STATE OF FLORIDA - DEPARTMENT OF COMMUNITY AFFAIRS DNISION OF COMMUNITY PLANNING B UREAD OF LOCAL PLANNING 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 850/488-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES. Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the ll)cal govemment, the regional planning ag.ency, and the state land planning agency according to this fDlm. 1. I, Brian Stock, the undersigned owner/authorized representative of Olde Cypress Development, LTD & Vita Pima, LLC, hereby give notice of a proposed change to a (developer) previously approved Development of Re!,rlonaI Impact in accordance with Subsection 380.06(19), Florida Statutes. III support thereof, 1 submit the following infonnation concerning the Olde Cypress DRl (f/kJa The 'Voodlands DRI) developmellt, which (Oliginal & current project names) infonnatioll is true and correct to the best of my knowledge. 1 have submitted today, under separate cover, copies of this completed notification to Collier County, (local govemrnent) to the Southwest Florida Regional Planning Council, and to the Bureau of Local Planning, Department of Community Affairs. 0/7/10 I Date DO(l.-Pl2010-1052 REV:1 OLOE CYPRESS DRI DATE: 6/11/10 Due: 7/2/10 Exhibit C Packet Page -235- 4/26/2011 Item 7.A. 2. Applicant (name, address, phone). . Olde Cypress Development, LTD 2647 Professional Circle, Suite 1201 Naples, Fl34119 Contact: Keith Gelder (239) 592-7344 3. Authorized Agent (name, address, phone). Olde Cypress DRI DOA-PL201 0-1052 submlttted: 1-12-11 (this page only) Waldrop Engineering, P.A. 28100 Bonita Grande Drive Bonita Springs, Fl34135 Contact: Chris Mitchell (239) 405-7777 4. Location (City, County, TownshiplRange/Section) of approved DR! and proposed change. Olde Cypress Dri (F/KIA The Woodlands Dri) Naples, FI3410J Section 21 & 22/ Township 48s / Range 26e 5. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. . No changes are proposed to the phasing, commencement, or build.out dates. The developer proposes to add 63.88 acres to the existing DRI with no change in total number of approved units. The additional acreage is pkmnedfor residential development. 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in' the development. If no change is proposed or has occurred, indicate no change. Please See Attached 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DR! development order that have been adopted by the local govenunent,.and provide a brief description of the previous changes (Le., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a. new DRI development order for the project? There have been fwe (5) development order amendments adopted by CoUier County since the original "The Woodlands DRU' development order (Ord. 86-1) was issued on November 6~ 1986. The following is a description oftheflVe (5) do amendments: . Packet Page -236- 4/26/2011 Item 7.A. . (1) Resolution (87-96) adopted April 28, 1987, amended section b(S)(a)(7) and (8), transportation, to clarify responsibilities of Collier County and the developer; amended section b(S)(b)(4), transportation conditions, clarifying and redefining criteria by which a substantlizl deviation shall be determined; (2) Resolution (87-207) adopted September 15, 1987, amending sectitm a(4),finding offact, to state a maximum square/ootage of permitted commercial retail development and to increase the total acreage of preservation areas and to set/orth a revised land use schedule that did not increase the total amount of acreage or dweUlng units previously approved. The two (2) development order amendments described above were adopted by CoUier County to resolve appeals of the olthe original Woodland's DRl develompent order to the Florida Land and Water Adjudicatory Commission take by the Florida Department of Community Affairs and the Southwest Florida Regional Planning CounciL The Woodland's DRl development order became effective on November 7, 1990, the date on which the Florida Land and Water Adjudicatory Comission issued its final order of dismissal of the appeal. (3) Resolution (94-774) adopted November 1, 1994, extended the woodlllnd's DR! commencement date and the buJIdout/tenmnation date by four (4) years, eleven months (11) or until October . 7, 2000 and October 7, 2015, respectively. . CoUier County remains the local government with jurisdiction over all portions of the Olde Cypress DRI. (4) On October 22,1996, the BCe amended the development order with resolution (96-482) to reduce the number of dwelling units/rom 1,460 to 1,100 dwelling units and a reduction of the commercial use from 200,000 sf to 165,000 sf and miscellaneous changes to the plan resulting solely from permitting requirements of the South Florida Water Management. Also, th~ rlght- of--way reservation on the east side of the Woodlands was eliminated. Miscellaneous changes were also made to drainage/water quality, transportation, vegetation and wildlife, wetlands, consistency with the comprehensive plan andfire by the deletion thereof. . (5) In December 1999, Resolution (99-472) 28.69 acres were added to the eastern edge o/Olde Cypress in Section 22. Lands to be added included a 2.1 acre archaelogical preserve area. Standards were also incorporated in the development order to providl!: protection for archaelogical resources. The gross density was also redu.ced from 2.2 to 2.1 dwelling units per acre. Minor adjustments in land use tabulations, along with other miscellaneous changes were made to the development order to accommodate the notice of change. (6) Resolution (2000-155) adopted May 23, 2000 added 9.3 acres to accommodate the addUion of the golf course driving range. The request also included a modifICation of the golf course/open space acreage from 161.7 to 168.3 acres, inCluding lakes. The resldential acreage was modified from 152.5 acres to J 55.2 acres. No changes to the number of dwelling units, commercitzl floor area, phasing schedule, commencement date, or build-out date was requested. . Packet Page -237- 4/26/2011 Item 7.A. 8. Describe any lands purchased or optioned within 1/4 mile of the original DR! site subsequent to the . original approval or issuance of the DRl development order. Identify such land, its size, intended use, and adjacent non-project land uses within V2 mile on a project master site plan or other map. Vita Pima, LLC recently purchased 65.29 IlCres directly adjacent (south) of the O/de Cypress DR/. The ellsterly 46.64 acre parcel is an existing RPUD (HD Development Ordinance #05-65). The westerly 1'8.65 acres is currently zoned agricultural. Vita Pima, LLC has flied a concurrent PUD Amendment appUcation with Collier County to rezone the entire 65.29 acres to RPUD. 9. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. The proposed change is less than 40% of any of the criteria listed in 380(19)(b), F.S. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. YES NO x 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. No changes to buildout dates or phasing are proposed. 11. Will the proposed change require an amendment to the local government comprehensive plan? . The proposed change will not require any comprehensive plan changes. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06 (15), F.S., and 9J-2.025, Florida Administrative Code: 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DR! or development order conditions. Attached. 13. Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: a. All proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development App~ova1; to the acreage attributable to each described proposed change ofland use, open space, areas for preservation, green belts; to strUctures or to other improvements including locations, square footage, nwnber of units; and other major characteristics or components of the propos.ed change; See attached Proposed Master Plan, Map H and Proposed changes to the Collier County Development Order. . Packet Page -238- 4/26/2011 Item 7.A. . b. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; See attaclzed legal description of the property to be attached to the Development Order. c. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; No change. d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; No change. e. A proposed amended development order date until which the local government agrees that the changes to the DR! shall not be subject to down~zoning, unit density reduction, or intensity reduction, if applicable; and No change. . f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 91-2.025 (7), F.A.C. No change. . Packet Page -239- ~ ~ c;,,) ~z co ~5 u~ ~~ ~~ ~r.1 0= ~z ~o n ~~ o~ ~~ ~~ f-oi rIj ~ rIj 4/26/2011 Item 7.A. . lI'lcn- ~ 0 u ~ "'", N o ~ ...- '" tt'i oQ ~ '-" N ...... 0 gj ~ 0 0 .~ ! ~ -E Pol': 0 U 0 \0 ..,. ~ 0 j 0 0\0 ...... ...... NCO Il'i cO j:l., ....... lI'l \0 - - 7C :& 0 ~ 8 _ 0- ~ 0 ~~ In ......~ ..; ~ - co co "0 - ... u 8 c.. e t:l.. ~ M .~ '" '" .~ en ~H f f I/) .a u Cl 1I bOU ~ ~ .il e- .~ If" ~ If -5 II> t:l. '" i3 :E = g ~ .a 5 .g II> 5 f -.a ~ '@ d 5 = ::a g u ':;1 fj ~ ~. ] 0 ~ g. ::a u .~ ~ 0:;1 c:: .tj t:l ~ II> ~ 8 u ..... ~u j ~ t'I ""'" 0 u 0'.... ..9 u 0 U 101 j ..... u ~ .z!s ..... ~~ ~ 0 E ..9 u d ~ 0 p.. be 1:1 0 ~ B ~ ~~~ <2 d u d u :tt :tt en :tt -< .... en "0 ~1t 1l u u 11~ II> ;:l ~~ "0 d U ;> 0 ~ ~ i] .~ 'D ~ 5 0 VJ <'I ~ u '0 C Q . ~ .~ u t: ~ ~;a 0 '-" d . . Packet Page -240- 4/26/2011 Item 7.A. . Olde Cypress DR! I PUD Unit Summary Last Updated: 3/15/2010 . Subdivision ~ Total Lots. Built to 'Date ~ Strada. Bella SF '. 18 17 94% Santorini SF . ,55. 55 100% Terramar SF 55 55 100% Egret Cove SF 18 18 100% Ibis Landing SF .55. 55 100% Santa Rosa SF '. 27. 27 100% Biscayne Place SF .8... . 8 100% Woodsedge SF . .'130... 125 96% Total SF Units - 366.' . 360 98% Subdivision ~ l'otal Uriits Built to Date ~ Fairway Preserve MF . 264' -264 100% Amberton MF , .-312 . 132 42% . Total MF Units . -5.76 396 69% . Olde Cypress DRI DOA-PL201 0..1 052 email submittal 12/6/1 0 Packet Page -241- Olde Cypress DR! Total Pro~osed Units OIde Cypress PUD MFUnits SF Units Unalloca.ted Total Units HD Developrp.ent RPUD SF Units Total Units Total DR! Units OIde Cyp!ess. PUD Vita Tuscana PUD Total Units 4/26/2011 Item 7.A. Total Units Built to Date Yi . 1100. . . 756 69% Existing . 576..' . .366' ..158-. . 1100. J!xisti~ 71 71 Proposed 125 .125 Existiqg- . 1100 o 1100 Proposed 942 125 1067 Olde Cypress DRI DOA-PL201 0-1 052 email submittal 12/6/1 0 Packet Page -242- . . . . 4/26/2011 Item 7.A. Olde Cypress DRITransporia#on.Summary Exis~ Unit Mix ~ SF MF Total PM Peak Total ~ Hour Trips 296 1.0 . 804 0.5 1100 ~ro.posep. JJnit Mix . ~ SF MF Total Iripa '., 296 402 698 PM Peak Total Units 491 . 576 1067 Hour 'Trips 1.0 0.5. ~ 491 288 779 , % Change in Total Trips I 10.40%1 . Packet Page -243- Olde Cypress DRI DOA-PL201 0-1052 email submittal 12/6/1 0 4/26/2011 Item 7.A. 20D " Tuesday, March 22, 2011 · Naples Dally News .- ~:,:;_~~~~:~::7~-::~~~::~~:'~~:::.:;:~--'~~~:::~-:::::~i-:.:~:~~-~~:.~~~:.;;-~::~:~::~~.~- ;-:''''':=::-::~~ . NOTICE OF INTENTTO CONSIDER DEVELOPMENT.ORDER/RESOLUTION Notice is hereby given that on Tuesday, April 12, 2011, in the Boardraom, 3rd Floor, Administration Building, Collier County. Government Center, 3299 East Ta- miami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment or a Development Order Amendment. The meeting will. commence at 9:00 A.M. The title ofthe proposed Development OrderlResolution is as follows: . A RESOLUTION AMENDING RESOLUTION NUMBER' 86-01, FOR THE OJ.DE CYPRESS DEVELOPMENT OF REGIONAL IMPACT BY PROVIDING FOR: SEO'ION ONE:' AMEND- ING THE FINDINGS OF FACT SECTION TO REFLECT AN INCREASE IN THE OVERALL ACREAGE AND TO 1NCREASE THE NUMBER OF SINGLE F.AMILYAND MULTI-FAMILY DWELUNG UNITS AND AMENDING THE MASTER PLAN, LEGAL DESCRIPTION TO AC- COUNT FOR THE ADDED LAND AREA AND TO REMOVE THE PARK REQUIREMENT; SECTION "TWO: FINDINGS OF FACT; SECflON THREE: CONCLUSIONS OF LAW; AND SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANS- MITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS AND EFFEO'IVE Dfl.TE. Copies of the proposed ResoMion are on file wrth the Oerk to the Board and are availableior inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County admmistrator prior to presentation of the agenda item to be addressed. In- dividual speakers will be limited to 3 minutes on any item. The selection of an indi- vidual to s~eakon behalf of an organization or group' ~ en.couraged"lf recognized by the Chamnan, a spokesperson far a group or organization 'may be allotted 10 ,minutes to speak on al}item_ - Persons wishing to have written' or graphic' materialS' included -in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be. considered by the B~ard shall be su.bmitte~ to the appr~priate ~ounty staff.a mini'!lum.tif seven da~ pnor to the public j1earlng. All matenal used In presentations beTore the Board WIll become a permanent part ofthe record. -' Any person who decides 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 evi- dence upon which the appeal is based. . If you are a person with a disability who nee'ds any accommodation In orde;'topar- ticlpate in this proceedirig; you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Callier County Facilities Management De(lart- 'ment, 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 COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) . March 22.2011 Nn'R~396 . Packet Page -244- ___~~__._._ I