Loading...
Agenda 06/22/2010 Item #17A Agenda Item No. 17A June 22, 2010 Page 1 of 137 EXECUTIVE SUMMARY PUDA-PL2009-1499: Lennar Homes, LLC, represented by David R. Underhill, Jr. of Banks Engineering, and R. Bruce Anderson, of Roetzel & Andress, LP A, is requesting an amendment to the Heritage Bay Planned Unit Development (PUD (Ordinance No. 03-40) to add additional development standards for the AC/R3 designated area on the Master Plan to allow townhouse units, by amending Section 2.24, to add item F and by adding Table 2A, by allowing deviations from the Land Development Code (LDC) Sections 6.06.01.B and 6.06.01.01(0) regarding standard road section and road width; by allowing a deviation from LDC Section 4.05.02.F to allow back out parking; and by allowing deviations from LDC Sections 4.05.02.J. and 4.05.03 regarding same-lot parking facilities to allow parking within easements dedicated to all residents; and by adding Exhibit A-I to show the layout; and by adding Exhibit A-2 to reflect the area wherein the amendment is effective; and by adding any other stipulations or regulations that may result from the amendment process pertaining to the 26:1:-acre AC/R3 designated area within the 2,562 acre Heritage Bay PUD project. The AC/R3 subject property is located in Section 23, Township 48 South, Range 26 East, Collier County, Florida. The subject 2,562:1: acres (the entire Heritage Bay PUD) is located on the north side of lmmokalee Road (SR 846) east of Collier Boulevard (CR 951), in Sections 13, 14, 23, and 24, Township 48 South, Range 26 East, Collier County, Florida. - OBJECTIVE: To have the Board of County Commissioners (BCC) review staffs findings and recommendations along with the recommcndations of the Collier County Planning Commission (CCPC) regarding thc above referenced petition and rcndcr a decision rcgarding the petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner is proposing to amend the Heritage Bay Planned Unit Development (PUD) to revise the property development regulations for the portion of the project known as Heritage Bay Vistas. The petitioner explains the proposed minor amendment to Ordinance Number 03-255 in the Narrative Statement of the application and quoted in part below: - The application is being submitted to add land use regulations for the same as existing constructed dwelling units within the R3/AC land use area within the Heritage Bay PUD. The amendment is necesswy to facilitate the sale of affordable housing units by changing the form of ownership Fom condominium to platted lots. Lending institutions have increased financing requirements for purchasers of condominium units. The R3/AC area is 25.646 acres in si:::e and is located in the SW corner of the PUD. This tract is partially developed as affordable housing, with 64 units completed and 20 additional units under construction. No changes to any other portions ()f the Heritage Bay PUD are proposed Page 1 of3 Heritage Bay PUO; PUOA-PL2009-1499 Revised 5126110 Agenda Item No. 17A June 22, 2010 Page 2 of 137 Land Use regulations are provided for Townhouse and Single Family Attached units to allow the tract to be platted and sold fee simple instead of sold as condominiums. The land use regulations and deviations have been developed to allow the remaining units to be platted and be constructed consistent with the completed units. FISCAL IMPACT: The PUD amendment by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the PUD amendment is approved, a portion of the land could be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): Section 23, where the subject tract for this amendment lies, is within the boundaries of Heritage Bay and is designated Urban Mixed Use District, Urban Residential Sub-district, with a majority located within a Residential Densitv Band, with a portion located within Activity Center #3 and is also within the Urban Rural Fringe Transition Zone Overlay. Further surrounded by Sections 13, 14 and 24 designated Receiving Lands, within the Urban Rural Fringe Transition Zone Overlay of Heritage Bay. This amendment proposes no increases in density and/or intensity; no change to the list of approved uses is proposed; the amount and configuration of open space will remain the same; and the availability of improvements and facilities will not change if this amendment is approved. Thercfore, staff concludes that the proposed amendment to the Heritage Bay PUD may be deemed consistent with the Future Land Use Element and Future Land Use Map. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This petition did not trigger the need for a hearing before the EAC because no environmental issues are being amended. Page 2 of3 Heritage Bay PUO; PUDA-PL2009-1499 Revised 5/26/10 Agenda Item No. 17A June 22, 2010 Page 3 of 137 COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition PUDA-PL2009-1499 on May 6, 2010, and by a vote of 6 to 0 [Commissioners Murray, Vigliotti and KolfJat did not attend] recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following conditions: A. Table 2A shall be revised and renumbered in accordance with the following changes: I. Footnotes 5, 10, II and 12 shall be deleted; and 2. Footnotes 2 shall be revised to remove references to golf course; and 3. Footnote 6 has been removed because this portion of the PUD has not been developed using an alley, thus the reference to setbacks for an alley is not necessary; and B. Exhibits A-I and A-2 of the Ordinance shall be revised such that the subject site of the amendment request incorporates the entire AC/RC portion of the PUD. Because the CCPC approval recommendation was unanimous and no letters of objection have been received, this petition has been placed on the Summary Agenda. LEGAL CONSIDERATIONS: The purpose of this PUD Amendment is to convert previously approved multi-family affordable housing units from a condominium fonn of ownership to fee simple ownership. The Applicant's stated reason for this change is that it is "necessary to facilitate sale of affordable housing units by changing fonn of ownership from condominium to platted lots. Lending institutions have increased financing requirements for purchasers of condominium projects." (See attached Application for Public Hearing) This is not a true rezoning, and density is unchanged. Each of the changes regarding this PUD Amendment are the sole result of parking and setback issues created by the conversion from condominium owncrship to single family fee simple lots. This Executive Summary has been reviewed for legal sufficiency and is legally sufficient for Board action. -STW RECOMMENDATION: Staff recommends that the Board of County Commissioners Approve the request for PUDA- PL2009-1499 subject to staffs and the CCPC conditions of approval as listed in the attached Ordinance. PREPARED BY; Kay Deselem, Principal Planner, AlCP; Growth Management Division Attaclunents: I) Application; 2) staff report; 3) location map; 4) Ordinance. Page 3 of3 Heritage Bay PUO; PUDA-PL2009-1499 Revised 5/26/10 Item Number: Item Summary: Meeting Date: Agenda Item No. 17A June 22, 2010 Page 4 of 137 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17A This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members: PUDA-PL2009-1499 (KD) Lennar Homes, LLC, represented by David R Underhill, Jr. of Banks Engineering, and R Bruce Anderson, of Roetzel & Andress, LPA, is requesting an amendment to the Heritage Bay Planned Unit Development (PUD (Ordinance No. 03-40) to add additional development standards for the AC/R3 designated area on the Master Plan to allow townhouse units, by amending Section 2.24, to add item F and by adding Table 2A, by allowing deviations from the Land Development Code (LDC) Sections 6.06.01.8 and 606.01.01 (0) regarding standard road section and road width; by allowing a deviation from LDC Section 405.02.F to allow back out parking; and by allowing deviations from LDC Sections 4.05.02.J. and 4.05.03 regarding same-lot parking facilities to allow parking within easements dedicated to all residents; and by adding Exhibit A-1 to show the layout; and by adding Exhibit A-2 to refiect the area wherein the amendment is effective; and by adding any other stipulations or regulations that may result from the amendment process pertaining to the 26-acre AC/R3 designated area within the 2,562 acre Heritage Bay PUD project The AC/R3 subject property is located in Section 23, Township 48 South, Range 26 East, Collier County, Florida. The subject 2,562 acres (the entire Heritage Bay PUD) is located on the north side of I mmokalee Road (SR 846) east of Collier Boulevard (CR 951), in Sections 13, 14,23. and 24, Township 48 South. Range 26 East, Collier County. Florida. (CTS) 6/22/20109:00:00 AM Prepared By Kay Deselem, Ale? Community Development & Environmental Services Planner, Principal Date Zoning & Land Development Review SI141201o 12:16:2S PM Approved By Ray Bellows Community Development & Environmental Services Manager ~ Planning Date Zoning & Land Development Review S/1812010 8:4S AM Approved By Steven Williams County Attorney Assistant County Attorney Date County Attorney S118/2010 9:36 AM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Date SI181201o 11:49 AM Approved By William D. Lorenz, Jr., P.E. Community Development & Director ~ COES Engineering Services Date Agenda Item No. 17A June 22, 2010 Page 5 of 137 Environmental Services Engineering & Environmental Services 5/24/20104:57 PM Approved By Norm E. Feder, Alep Administrator - Transportation Date Transportation Division Transportation Administration 5125/20109:48 AM Approved By Nick Casalanguida Director ~ Transportation Planning Date Transportation Division Transportation Planning 5/251201012:51 PM Approved By Jeff Klatzkow County Attorney Date 5126120109:29 AM Approved By OMS Coordinator Date County Manager's Office Office of Management & Budget 6/9/20104:04 PM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 6/9120104:35 PM Co~r County '-~-- .- Agenda Item No. 17 A June 22, 2010 Page 6 of 137 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 PETITION NO PROJECT NAME DATE PROCESSED /PUDA-PL2009.1499 ,HERITAGE BAY PUD DATE: 12/17/09 DUE: 12130109 I REV: 1 NAME OF APPLlCANT(S) LENNAR HOMES, LLC ADDRESS 70487 SIX MILE CYPRESS PARKWAY \, TELEPHONE # 239-278-7177 CELL # E-MAIL ADDRESS: RUSSELLR.SMITH(Q)LENNAR.COM CITY FT. MYERS N/A STA TE FL ZIP 33966 FAX # 239-278-0883 NAME OF AGENT DA VID R. UNDERHILL. JR. - BANKS ENGINEERING ADDRESS 70517 SIX MILE CYPRESS PARKWAY CITY FT. MYERS TELEPHONE # 239.939-5490 CEll # 239-940-8687 E-MAil ADDRESS: DUNDERHILLrcpBANKSENG.COM STATE FL ZIP 33966 FAX # 239-939-2523 NAME OF AGENT R. BRUCE ANDERSON, ESQ. - ADDRESS 850 PARK SHORE DRIVE. SUITE 300 TELEPHONE # 239-649-2708 CELL # ROETZEL & ANDRESS. LP,A. CITY NAPLES STATE FL ZIP 34103 N/ A FAX # 239-261-3659 E-MAIL -ADDRESS: BANDERSONrcpRALA W.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. !,\lobs\21 x.x.\21 67\DoctJmenh\Zoning\21 67 _PUD Amendment Applicotion.doc Co~'Y County - ,,-~- . -- Agenda Item No. 17A June 22, 2010 Page 7 of 137 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 ( Complete the following for all registered Association(s) that. could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at hffD:llwww.collieraov.netllndex.asDx?Daae=774 NAME OF HOMEOWNER ASSOCIATION: VISTA I@ HERITAGE BAY CONDOMINIUM ASSOCIATION. INC. MAILING ADDRESS 10487 SIX MILE CYPRESS PARKWAY CITY FT. MYERS STATE...EL ZIP 33966 NAME OF HOMEOWNER ASSOCIATION: VISTA 1/1 ((j) HERITAGE BAY CONDOMINIUM ASSOCIATION INC. MAILING ADDRESS 17691 GATEWAY BOULEVARD. STE 203 CITY FT. MYERS STATE...EL ZIP 33913 NAME OF HOMEOWNER ASSOCIATION: VISTA @ HERITAGE BAY CONDOMINIUM ASSOCIATION./NC. MAILING ADDRESS 11691GATEWAYBOULEVARD.STE203 CITY FT.MYERS STATE...ELZIP 33973 NAME OF HOMEOWNER ASSOCIATION: HERITAGE BAY COMMONS ASSOCIATION. INC. MAILING ADDRESS 10481 SIX MILE CYPRESS PARKWAY CITY FT, MYERS STATE...EL ZIP 33966 ( NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP ( " Z:\Jobs\21 xx\2167\Documents\Zonlng\2167 ..PUD Amendment AppllcoHon.doc Co~ gounty - - - Agenda Item No. 17A June 22, 2010 Page 8 of 137 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 a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address % of OwnershiD b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address % af Ownership Lennar Corporation is a public company. The officers of Lennor bosed on the previous annual reDort are os follows: Stuart A. Miller - President & CEO Jonathan M. Jaffe - Vice Presiden' & COF Richard Beckwilt - Executive Vice President Bruce E. Gross - Vice President & CFO Dione J. Bessette - Vice President & Treosurer Mark Sustona - Secretory & General Counsel David M, Collins - Controller c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address % of Ownership =\Jobs\21 xlI.\2167\Documents\Zoning\2167 _PUD Amendment Appfkolion.doc Co~l' County - .......~-- -- Agenda Item No. 17A June 22, 2010 Page 9 of 137 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 ( d. If the property is in the name of a w&N&RAL or LIMing P!\RTN&R$MIP, list the name of the general and/or limited partners. LIMITED LIABILITY CORPORATION %of Name and Address Ownership u.s. Home Corporation - Manager 700 NW 107'h Avenue, Ste 400, Miomi, FL 33172, 1% which is 100% owned bv Lennor Corporation Lennar PaciFic Properties, Inc" 700 NW 107'" Avenue, Ste 400, Miomi, FL 33772, which ;s owned 100% by Lennar Pacific, Inc. which is owned 75% by Greys/one Homes, Inc. which is owned 100% by U.S. Home Corporation. which is 700% owned by Lennor 99% Corporation. The other 25% of Lennor Pacific, Inc. is owned by Lennar Sovthwest Holding Corp., which is owned 100% by Lennor Homes Holdings, LtC which is 100% owned by Lennor Cornarotion. e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address % of Ownership ( Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, portnership, or trust. Name and Address , ( Z,\Jobs\21 xx\2167\Documents\Zoning\2 J 67 ]UD Amendment Application.doc Colmr County - '-~-- - Agenda Item No. 17A June 22, 2010 Page 10 of 137 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252.2400 FAX (239) 643.6968 g. Date subject property acquired [g! 8/2007 leased 0 Term of lease yrs.fmos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: Anticipated closing date , or h. Should any changes of ownership or changes in contracts for purchase occur subsequenHo the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. PROPERTY LOCATION Detailed lel!al description of the property covered bv the application: (If space is inadequate, attach on '.eparate page.) If request invalves change to more than one zoning district, include separate legal description {or property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum I" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section IT ownship /Range 23 f 48 f 26 Tract: E Plat Book Block, 43 Subdivision: Herifooe 80y Page #, 75.45 Property 1.0. #, 49660081585 Metes & Bounds Description: Size of oroDertv: ft. X ft. = Totol Sq. Ft. Acres 25.646 Address/aenerallocation of subiect DroDertv: PUD District (LDC 2.03.06): kSI Residential o Commercial o Community Facilities o Industrial Z:\jobs\2T xx\2167\Documents\Zoning\2167 ]VD Amendment Applicofion.doc EXPEDITED AFFORDABLE HOUSING PUDA.PL2009.1499 REV: 2 HERITAGE BAY PUD DATE: 3/25/10 DUE: 4/1/10 Collr County - .......---- - Agenda Item No. 17 A June 22, 2010 Page 11 of 137 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643-6968 ( Baundary aI Entire PUD Saundarv aI Subiect Parcel Zoning Land Use Zoning Land Use N AG Soeciol Treafment Overlay PUD Herifage 8ay - Tract C . Preserve S RPUD Summit Lakes PUD Herifaae 8ay . Tract D . Commercial E A-MHO 80nifa 8ay East Golf Club PUD Herifaae 8ay . Golf Course W MPUD Tree Farm PUD Herifaae 8ay . Tract G . Commercial 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). Sectio niT ownship/Ra nge N/A. The applicant does naf own contiguous property. / / Lot: Plat Book Block: Subdivision, Page #, Property 1.0. #: Metes & Bounds Description, ( F~'\'<<'.~"" .' . '.,-._;; ""'.- ", '~"~ ):,,):',>::'i,"';/i:REzoNE REQ!)EST,':"':Y' ,i ,.. :~>:''''', :,~.\'<,>,..."". ';":i:'-:':'" "...._,.,~':~',.:':~:,:-:: "-., ,:;>.\;',:\' .,. . ..; - ~ ',;"i"?<'::', ,;;;,:- ,;;'~ ""1 ::"";'-'., "':,',,-.L;'. This application is requesting a rezone from the N / A zoning district(s) to the J:!.i.A zoning district(s). Present Use of the Property: N / A Proposed Use (or range of uses) of the property: N/A Original PUD Name, Herifaoe 8ay Ordinance No.: 03.40 ( \ Z,\Jobs\21 xX\2167\Documents\Zoning\2167 _PUD Amendment Appllcation.doc Co~r County - ~ - Agenda Item No. 17A June 22, 2010 Page 12 of 137 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252.2400 FAX (239) 643-6968 Pursuant to Section 10.02.13 of the Collier County land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (lOC Section 10.02.13.B) I. 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. Subiect orooertY is alreody zoned for residential uses. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attomey. There is an existino Homeowners Association for the subiect oropertv. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) Only chonaes orooosed ore to focilitote form of ownershio for Affordable Housino and dimensional standards related thereto. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. No chances ore orooosed which would lmooct internol and external comoatibilitv, 5. The adequacy of usable open space areas in existence and as proposed to serve the development. No chances are orocosed. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. No chances ere orooosed which would imaaet these considerations. 7. The ability of the subject property and of surrounding areas to accommodate expansion. No exoonsion is orooosed. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The only chanae to the PUD is to odd 0 new subsection 2.24F to the section of the PUD thot orovides for affordable housina reauirements. A CO~y of new section 2.24F is ottached os Exhibit F. Chonoes are necessary to facilitate sale of affordable housino units by chancina form of ownershio from condominium to Dratted lots. lendino institutions hove increased financina reauirements for purchasers in condominium .~', . ..' ~-. ..;"....-- oroiects. """~"': Z\Jobs\21 xx\2167\Documents\Zonlng\2167 _PUD Amendment Application.doc Co1l-r County - ......~ - Agenda Item No. 17A June 22, 2010 Page 13 of 137 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643-6968 ( Deed Restrictions, The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association In the area for which this use is being requested in order fa ascertain whether or not the request is affected by existing deed restrictions. Previous land use Detifions on the subiect DroDertv, To your knowledge, hos a public hearing been held on this property within the last year? 0 Yes ~ No If so, what was the natlJre of fhat hearing? OHiciallnterDretations or Zonina Verifications, To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? 0 Yes kSI No If so, please provide copies. ( NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases ta sUPDlv necessary information to continue Drocessina or otherwise activelv Dursue the rezonina for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the project will be subject to the then current code. (lOC Sectian 10.03.0S.Q.) Z:\Jobs\21 u\2167\Documents\Zoning\2167 ]UD Amendment Application.doc Co~r County - ~ -- Agenda Item No 17 A June 22, 2010 Page 14 of 137 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643-6968 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST NAME OF APPLlCANT(S) ADDRESS TELEPHONE # E-MAIL ADDRESS: N / A - See ore.aoolicafion notes CITY ZIP CELL # ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): Section/T ownship /Range Lot, Block: / / Subdivision, Plat Book Page #: Property 1.0. #: Metes & Bounds Description, . ....: ':";~;~':i':;;':i;,':;:;'F;TY~EQI'SEWAGE DISpc5sA(T()'BE:PR.dViD~D',: (Check applicable system): COUNTY UTILITY SYSTEM a. CITY UTILITY SYSTEM b. FRANCHISED UTILITY SYSTEM PROVIDE NAME c. PACKAGE TREATMENT PLANT (GPO capacity) d. SEPTIC SYSTEM o o o o I ,. .' "., ...,' . :, ,< TYPE Of WATER~ERVICE TO BEP~OVIDED I a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) o o o o TOTAL POPULATION TO BE SERVED: Z,\Jobs\21 ,It/l;\2167\Docvments\Zoning\2167 _PUD Amendment Applicolion.doc Collr County - ~----. - Agenda Item No. 17A June 22, 2010 Page 15of137 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643-6968 ( PEAl( ANP.f-VEIAC:;E DAlI.YDEMANPS, A. B. WATER-PEAK SEWER-PEAK AVERAGE DAILY A VERAGE DAILY IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED .,':., ....'.-.' -,. " -, ':,' . -: .. "''''"'''':'",~,,,''. NA~RATI"E.".STAT"ME/IITi Provide 0 brief and concise narrative statement ond schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent ond sludge disposal. If percolation ponds are to be used, then percolation dato and soil involved shall be provided from tern prepored ond certified by a professional engineer. CQL\.IEIt!I;:I:)VNTYlJn~Ir(,pt!?!C^,n9/11,,;$TA:r"ME.t~1': If the project is located within the services boundaries of Collier County's utility se';"ice system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all opplicable County ordinances in effect at the at time. This statement shall also include on agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of ( building permits by the County. If opplicable, fne s'atement sholl contain shall contain an agreement to dedicate the appropriate utility eosements for serving the woter ond sewer systems. STAT. ENlENt. O...'FAVAILAili(jty;.CAI'ACm..FIl.OM...iOTHEIl.....PIl.()VIDERS:.....Unless waived or otherwise '.' . '. ...' .' '-L_'., . ....,...' '. ".._ . ", d< . ". ....,... ,.._'" '",''''' "....... .,._.',,' . '.'_ .," provided for ot the preMopplication meeting, if the project is to receive sewer or potable water services from ony provider other than the County, a statement from that provider indicating that there is adequote capacity to serve the project shall be provided. ( Z:\Jobs\21 xx\2167\Documents\Zoning\2167 _PUD Amendment Application.doc eo1Mr County - ~ -- Agenda Item No. 17A June 22, 2010 Page 16 of 137 COLLIER COUNTY GOVERNMENT DEPT, OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET / I 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252.2400 FAX (239) 643-6968 AFFIDA VIT Well, Dorin McMurra Vice Presiden . Land Div; ions of Lennar Ho es LL being first duly sworn, depose ond s y thot well amlore the owners of the property described herein and which is the subject moiler of the propo d hearing; thot all the answers to the questions in this application, including the disclosure of interest inform tion, all sketches, dota, and other supplementary matter allached to and mode 0 port of this applic ion, ore honest ond true to the best of our knowledge and belief. Well understand that the inform 'on requested on this application must be complete ond occurate and that the content of this form, whether omputer generated or County printed sholl not be oltered. Public hearings will not be advertised until this appli tion is deemed complete, ond oil required information hos been submitted. As prope y wner Well further authorize 8anks Enaineerina and Roefzel & Andress L.P.A representa'v in any motters regarding this Petition. to oct as our Signature of Property Owner Signoture of Property Owner Darin McMurray. Vice President Typed or Printed Nome of Owner Typed or Printed Nome of Owner nt wos ocknowledl'led before me this f? ' . y. es identification. 10 doy Of!) ~c.EfY\ p,{.-R 2009, who is personolly known to me or has produced Stote of Florido County of Lf?-p Deanna J. Craft ,.~t.~ !.:f,';~ -;~~ .fil ."?",,,., DEANNA J. CRAFT Commission # 00 900703 Expires July 20, 2013 EloflCledThrurJtl1Fam~80().38S.7019 (Print, Type, or Stamp Commissioned Name of Notory Public) Z:\lobs\21 xx \2167\Documenl$\Zoning\2167 ]UD Amendment Application.doc Agenda Item No. 17A June 22, 2010 Page 17 of 137 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643-6968 ( COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although based an the intensity or unique character of a petition, a maior TIS may be required for petition of ten acres or less. MAJOR TIS, Required for all other rezone requests. A minor TIS shall include the following: 1. Trip Generation:Annual Average Daily Traffic (at build-out) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment, Within Radius of Deyelopment Influence (RDI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) ( 4. Impact of the proposed use on offected maior thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improyements (to the site or the external right.ol.way) such as proYiding or eliminating an ingress/egress point, or providing turn or decal/ones or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only, State how this request is consistent with the applicable policies of the Traffic Circulation Element (TeE) 01 the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1,5.2,7.2 and 7.3. A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. Planned/Proposed Roadway Improvements 6. Proposed Schedule (Phasing) 01 Development ( Z:\Jobs\21 u\2167\Documeots\Zoning\2167 ]UD Amendment Applicotion.doc Collr County ~...-. - - -- Agenda Item No. 17A June 22, 2010 Page 180f137 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643-6968 ;;~!8;:;;~:ftt!(~jj'i;,it:,:'~,;~)i,E;!.;{1';;::;fI~Af~I,~;1&i~~~~ri~tf~M~t{t,i[I~j:i~tAhtR!;~P$.'tHtJ';m);':f6~:://t,:j'i:;'KY::'\ i... ' .' The following standards shall be used in preparing a TIS for submittal in conjunction with 0 conditional use or rezone petition, 1. Trip Generatian, Provide the total traffic generated by the project for each link within the profect's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the InstiMe of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. 2. TriD Assianment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment sholl be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existina Traffic: Provide a mop depicting the current traffic conditions on 011 links within the RDI. The MDT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Service (LOS), The LOS of 0 roadway shall be expressed in terms of the applicable Callier County Generalized Daily Service Volumes os set forth in the TCE of the GMP, 5. Radius of DevelaDment Influence (RDIl, The TIS shall cover the least of the following two areas, a) an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Residential Other (commercial, industrial, institutional, etc.) 0- 49,999 Sq. Ft. 50,000 - 99,999 Sq. Ft. 100,000 . 199,999 Sq, Ft. 200,000 - 399,999 Sq. Ft 400,000 & up Distance 5 Miles or as required by DRI 2 Miles 3 Miles 4 Miles 5 Miles SMiles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than 0 geometric radius. 6. Intersection Analvsis: An intersection anolysis is required for 011 intersections within the RDI where the sum of the peak.hour critical lone volume is projected to exceed 1,200 Vehicles Per Hour (VPH). !,\Jobs\21 :r;x\2167\DocumenlS\Zoning\2167 ]UD Amendment Application.doc Co~ 9mnty - -- - Agenda Item No. 17A June 22, 2010 Page 19 of 137 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 ( 7. Backaround Traffic: The effects of previously approved but undeyeloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteristics. 8. Future Traffic, An estimate of the effects of traditionol increases in traffic resulting from potential development shall be provided. Potential development is that which may be deyeloped maximally under the effectiye Future land Use Element (FLUE) and the Collier County land Development Code. This estimate shail be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. 9. Throuah Traffic, At 0 minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided, It may be desirable to include any additional documentotion and backup data to support the estimation as well. 10. Planned/ProDosed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 11. Proiect Phasinll: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such 0 phasing schedule may be made a condition of any approval. ( Z:\Job~\21 xx\2167\Documents\Zoning\2167 _PUD Amendment A.pplication.doc Collr County - ~ -- COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET Agenda Item No. 17A June 22, 2010 Page 20 of 137 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643-6968 %~~j!1j~~~\i~1;i~;~~~i~~I~ti~~I~ :~il~%~!~~~~~~l~~~~~~,W;~~:~~ff~~;[f~~~~li;;'::;;~~:.;::,;':.," THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF NOT COPIES REQUIRED REQUIRED ./!: 1 Additional set If located in the Bayshore Gateway Triangle Redevelopment Area) Copies of detailed description of why amendment is necessary Completed Application with list of Permitted Uses, Development Standords Table, List of proposed deviations from the lDC (If ony); List of Developer Comm~ments and Statement of Compliance narrative (download a lication from web for current form) Pre.application meetin notes PUD Document Only Revised Conoeptuol Master Site Plan 24" x 36"ond One 8 V," x 11" cop Origlnol PUD doc ord ond Moster Plan 21" " 36" - ONLY IF AMENDING THE PUD !leYioet! PUD ap Iicotion with changes crossed thru & underlined - New Section Only Revised PUD opplication w omended Title poge word #'s, lDC 10.02.13.A.2 Justification/Rationale for the Deviations (must be on a separate sheet within the opplicatio naterlal; pleose DO NOT Include It in the PUD documents) '~1"1_~",1f...~. .i!l\1It_j~)j"", ""'~'M!ll!,'llll!"l1i,!lr"~~JJ"i.1;;f"""i"""jIj~'!C""t;"~,,, I _..,.Dh, &~~it:~~!t\\1,\f~>>'\l~i.~~~~~ '" ,'{ '1~~~1I&~I~~~~i,1~~~:i~~J}f,;f,t~~~!t~i.~~1:?~~: Deeds/legal's & Survey (if boundary of originol PUD is amended) list identifying Owner & all parties of corporation Owner/ Affidovlt signed & notarized Covenant of Unified Control Completed Addressing checklist Environmental Impact Statement (EIS) and digital/electronic copy of EIS or exemption Justification Historical Surveyor waiver request Utility Provisions Statement w/sketches Architectural rendering of proposed structures Survey, signed & sealed Traffic Impact Statement (TIS) or waiver (w~h opplicoble fees) or letter of No Impact Recent Aerial Photogroph (showing project boundory & omendmenl oreo) mln scaled 1 "=200' Electronic copy of 011 documents in Word formot ond pions (CDRom or Diskette) Copy of Official Interpretation and/or Zoning Verification 24 24 " " 24 24 24 24 24 24 24 3 2 2 2 2 4 4 4 4 4 7 5 ] 1 If located in RFMU (Rural Frince Mixed Use) Receivina land Areas Applicant must contact Mr. Gerry J. lacavera, State of Florida Division of Forestry @ 239-690-3500 for information regarding . ^li/dfir ,itigotion & Prev nfion Plan", lDC Section 2.03.08.A.2.o.{b)i.c. IZ!IS/O(1 Date Applicant/Agent Signature Z:\Jobs\21 xll:\2167\Documents\Z.oning\2167 ]UD Amendment Applitofion.doc [gJ o [gJ [gJ o [gJ o o o o o [gJ [gJ [gJ o o [gJ o o [gJ o [gJ [gJ [gJ ~ ~ o o o ~ Agenda Item No. 17 A June 22. 2010 Page 21 of 137 Deviations in PUD Listed below are the substitutions from the Collier County land Development Code thaf are being requested as part of the Minar PUD Amendment to the Heritage Bay PUD to facilitate permitting townhouse units within the R3/ AC area. ( 1. Substitution to lDC Section 6.06.01.B. and 6.06.01.0 that requires compliance with the standard road section in Appendix B of the lDC requiring a 60' wide right-of-way, to allow a 24' wide right-of-way as shown in the attached cross section. 2. Substitution to LDC Section 4.05.02.F. that states no motor vehicle shall have to back onto any street, to allow back out porking as shown on the attoched site plan. 3. Substitution to lDC Section 4.05.02.J. ond 4.05.03 thot requires all off-street porking focilities sholl be located on the same lot they serve, to allow the parking for the project to be located within parking easements dedicated to all residents. The parking location is shown on the attached MCP and cross sections. Justification: The proposed street cross section has been approved through the SDP process and fully constructed. The street is a private roadway that is internol to the Heritage Bay Vistas residential project and does not provide any circulation for the overall Heritage Bay deyelopment. The street design proyides a safe access for the residential units and includes parking ond sidewolks adjocent to all the units. This deviation is only needed since platting the project is planned and the roadway must be classified as a street to provide the necessary frontage to the planned lots. No modifications to the SDP approved accesswoy ond parking is proposed. Reauested Administrative Deviations fram Utility Reauirements ( Listed below ore the substitutions from the Collier County land Development Code that are being requested for administrative approvol. We understand that these types of substitutions are typically requested and approved through the utility department. 1. Substitution to LDC Section 6.01,Ol.D, - Water cosings. Justification: The utility system for the project will be privotely mointained. An individuol water service for each building has been fully construction and will meet the potoble demand for the dwellings. EXPEOITED AFFORDABLE HOUSING PUDA.PL2009.1499 REV: 2 HERITAGE SA Y PUD DATE: 3/25/10 ( DUE; 4/1/10 \ Z:\Jobs\21 :l\x\2167\Documenh\Zoning\2167 _PUD Amendment Application.doc Coli" County '-~-- - Agenda Item No. 17A June 22, 2010 Page 22 of 137 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 EXHIBIT F LIST OF DEVELOPER COMMITMENTS 2.24 AFFORDABLE HOUSING A. The developer shall construct on-site on the lands designated" AC!R3" on the Master Concept Plan a minimum of 160 townhouse units ond a maximum of 190 townhouse units to be offered for sale to persons meeting the Collier County affordable housing guidelines for 80% moderate income level for a period beginning with the date of issuance of the building permit for each building containing said townhouse units, and continuing for six (6) months thereafter, or for 30 days after the Cerfificate of Occupancy for each building containing said townhouse units is issued, whichever is later. Also, for 0 time period extending from the date of the issuance of the Certificate of Occupancy, the developer shall offer the remaining unsold units to the County or its designee for purchase for 0 period of 45 days after which time any unsold unit may be sold at market rates. B. The developer shall donate $475,000 to Habitat for Humanity of Collier County ("Hobltat"). The donofion represents one-half of the purchase price of 10 acres of land currently under contract by Habitat and located lust south of Immokalee Road and generally east of County Rood 951. The donotion shall occur within 120 doys of the final approval of the Heritage Bay PUD!DRI by the Board of County Commissioners and the expiration of all oppeal periods without an appeal being filed. C. Prior to the issuance of the final Certificate of Occupancy for the development the developer shall hove all the affordable housing units on. site completed and available for occupancy. At a minimum, the affordable housing units sholl be phased in thirds to coincide with the development of other residential dwelling units in the project. D. If the developer constructs less thon 190 offord able housing townhouse units on'site, for each unit less than the moximum of 190, the developer shall donate the sum of $10,000 per unit to Habitat. For example, if 180 offordoble housing townhouse units ore constructed on-site, the developer would donate $100,000.00 to Hobitat, which represents 10 units times $10,000. E. At any time in the future, should the developer request on extension to the approved build-out date for the project, the developer sholl re.examine the housing needs of the project and provide an updoted re-anolysis of the affordoble housing required. The developer shall use the methodology in use at the time of the re-anolysis by SWFRPC, the Florida Deportment of Community Affairs, ond Collier County. Any future mitigation requirements thot are coused as a result of the re-anolysis shall be consistent with the options listed in Rule 9J-2.048 of the Florido Administrative Code. f, Townhouse units develooed on the "AC/R3" lands may be constructed utilizino the develooment standords set forth in Tobie 2, and/or utilizina the develooment standords set forth below in Table 4. Z:\Jobs\21 xx \2167\Doct1lTl&nls\Zoning\2167 ]UD Amendment Applkotion.doc lBanks iEnginccrinu Professional Engineering, Planners & Land Surveyors 10511 Six Mile Cypress Parkway Fort Myers, Florida 33966 (239) 939-5490 Fax (239) 939'2523 Engineering License No. EB 6469 Surveying License No. LB 6690 HERITAGE BAY MINOR PUD AMENDMENT NARRATIVE Agenda Item No. 17 A June 22, 2010 Page 23 of 137 ( EXPEDITED AFFORDABLE HOUSING PUDA-PL2009.1499 HERITAGE BAY PUD REV: 2 OATE: 3/25/10 DUE: 4/1/10 The application is being submitted to add land use regulations for the same as existing constructed dwelling units within the R3/AC land use area within the Heritage Bay PUD. The amendment is necessary to facilitate the sale of affordable hDusing units by changing the form of ownership from condDminium to platted lots. Lending institutions have increased financing requirements for purchasers of condominium units, The R3/AC area is 25.646 acres in size and is located in the SW corner Df the PUD. This tract is partially developed as affordable housing, with 64 units completed and 20 additional units under construction. No changes to any other portions of the Heritage Bay PUD are proposed. Land Use regulations are provided for Townhouse and Single Family Attached units to allDw the tract (' to be platted and sold fee simple instead of sold as condominiums. The land use regulations and deviations have been deveioped to allow the remaining units to be platted and be constructed consistent with the cDmpleted units. Z;\JObS\21l(X\2167\Doc um('ots\Zoning\2167 _ narriltive.doc ;' i \ Agenda Item No. 17A June 22, 2010 Page 24 of 137 Breakdown of Lennar Homes. LLC % of Share 1% 99% Owners Name & Address U.S. Home CDrporation . Manager, 700 N.W. 1Dih Avenue, Suite 40D, Miami, Florida 33172, which is 100% owned by Lennar CorpDration. Lennar Pacific Properties, Inc., 700 N.W. lOih Avenue, Suite 400, Miami, Florida 33172, which is owned 100% by Lennar Pacific, Inc. which is owned 75% by Greystone Homes, Inc, which is owned 100% by U.S. Home CDrporation which is 100% owned by Lennar Corporation, The other 25% of Lennar Pacific, Inc. is owned by Lennar Southwest Holding Corp., which is owned 100% by Lennar Homes Holding, LlC which is 100% owned by Lennar Corporation. 100% Total U.S. Home Corporation is the managing member of lennar Homes, LLC. I I PUDA-PL2009-1499 REV: 1 HERITAGE BAY PUD DATE: 12/17/09 DUE: 12/30/09 Z:\JObS\21XX\2167\Document5\Zon[ng\2167 _Disclosure of lnterest-LLC Percentage.doc Folio No. 49660071524 49660071540 49660070541 49660070554 49660076600 49660077625 49660081705 49660081750 49660086878 49660086881 49660086894 49660086975 49660086988 25118010022 25118010048 25118010064 ~5118010080 :5118010103 49660060027 49660060043 49660060069 68986800049 68986770205 68986809105 49660072044 49660073548 49660073564 49660073580 49660073603 49660073629 49660073645 49660073661 49660073687 49660073700 49660073726 49660073742 49660074741 49660075245 49660075261 49660075287 49660075300 49660075326 49660075342 660075368 ,660075384 49660075407 49660075423 49660075449 49660075465 49660075481 iaank.s iEnllinccrinll. Professional Engineers, Planners & Land Surveyors 1051 I SIX Mile Cypress Parkway Fort Myers, Florida 33966 (239) 939-5490 Fax 12391 939-2523 Engineering License No. EB 6469 Survey Ing License No. LB 6690 Agenda Item No 17A June 22, 2010 Page 25 of 137 Heritage Bay PUD Folio Numbers/Ownership EXPEDITED AFFORDABLE HOUSING PUDA-PL2009.1499 REV: 2 HERITAGE BAY PUD DATE: 3/25110 DUE: 4/1/10 Ownership HerItage Boy Community Development Distrid Lennar Homes, lLC Reference Only ~ Terrace II @ Heritage Bay Reference Only. Terrace t @ Heritage Boy Reference Only - Coach Homes II @ Heritage Boy Reference Only ~ Coach Homes I @ Herilage Bay Reference Only - Vista H @ Heritage Bay Reference Only. Vista I @ Heritage Boy Reference Only. Veranda VI @ Herhoge Boy Reference Only. Terrace III @ Heritage Boy Reference Only - Terrace IV @ Heritage Bay Reference Only - Veranda It @ Heritage Boy Reference Only ~ Verondo III @ Heritage Boy Cameron Partners, LLC CYS 75479 Fl. LlC Fifth Third Bonk Cameron Partners, LlC Cameron Partners, LLC Heritage Boy Community Development Dis.trict Heritage Bay Community Development District Lenner Homes, LLC Reference Only ~ Silverstone @ the Quarry Reference Only ~ Guartz Cove @ the Quarry Reference Only ~ Ironstone @ the Quarry Lennar Homes, LLC Lennar Homes, LLC Lennar Homes, LLC Lennar Homes, LLC Lennar Homes, LlC lennar Homes, LLC Lennar Homes, LlC Lennar Homes, LLC Lennar Homes, LLC Lennar Homes, LLC Lennar Homes, LLC lennar Homes., LlC lennar Homes, LLC Heritage Bay Community Development Districf Heritage Bay Community Developmenl Dislrict Heritage Boy Community Development District Heritage Boy Community Development District Heritage Boy Community Development District Heritage Boy Community Development District Heritage Boy Community Development District Heritage Boy Community Development District Heritage Boy Community Development District Heritage Boy Community Development District HerBoge Bay Community Development District Herilage Boy Community Developmenl District Heritage Boy Community Development District Site Address No Site Address No Site Address 10295 Heritage Boy Boulevard No Sife Address No Site Address 10478 Smokehouse Boy Drive No Site Address No Site Address No Site Address No Site Address No Site Address No Slle Address No Site Address No SIte Address No Site Address No Site Address No Site Address No Site Address No Site Address No Sile Address No Site Address No Site Address No Site AddreH No Site Address 10154 Heritage Bay Boulevard I..Jo Site Address No Site Address No Site Address 10171 Heritage Boy Boulevard 10378 Smokehouse Bay Drive No Site Address No Site Address No Site Address No Site Address No Site Address No Sife Address 10327 lmmakalee Rood No She Address J-.lo Site Address No Site Address No Site Address No Site Address No Si'e Address No Site Address No Site Address No She Address No Site Address No Site Address t-Jo Sile Address No Site Address Z;Uoh~\),,,,,l ),~.,\nn,., ,,,,,,,,n;, \' ,,~1~.-.I ~.".. r ~,,_.,..~ L Folio No. 49660075504 49660075520 49660075546 49660075562 49660075588 49660075601 49660075627 49660075643 49660075669 49660075685 49660075708 49660075724 49660075740 49660075766 49660075782 49660075805 49660075821 49660075847 49660075863 49660075889 49660075902 49660075928 4966075960 49660075986 49660076503 49660077502 49660077528 49660077544 4966007756D 9660077586 49660077609 49660078187 49660D78200 49660078226 49660078242 49660078268 49660078284 49660078307 49660078323 49660078349 49660078365 49660093023 49660093049 49660093065 49660093081 49660093104 49660093120 49660093146 49660093162 49660093188 49660093201 49660093227 49660093243 49660093269 49660093285 '9660078501 /660078527 49660078543 49660078569 49660078585 49660078608 49660078747 49660078763 Ownership Heritage Bay Community Development District Heritage Bay Community Development District Heritage Bay Community Development District Heritage Boy Community Development District Heritage Bay Community Development District Heritage Say Community Development District Heritage Bay Community Development District Heritage Bay Community Development District Heritage Bay Community Development District Heritage Bay Community Development District Heritage Boy Commu.~ity Development District Heritage Boy Community Development District Heritage Bay Community Development District Heritage Bay Community Development District Heritage aay Community Development District Heritage Bay Community Development District Heritage Boy Community Development District Heritage Say Community Development District Heritage Say Community Development District HerItage Bay Community Development District Heritage Bay Community Development District Heritage Bay Community Development District Heritage Boy Community Development District Heritage Bay Community Development District lennar Homes, lLC Heritage Bay Community Development District Lennar Homes, LlC lennar Homes, LlC lennar Homes, ltC lennar Homes, ltC Lennar Homes, LlC Lennar Homes, LtC Lennar Homes, LLC Lennar Homes, LLC Edward P. & Sabrina M. Baidossl lennar Homes, LLC Lennar Homes, LlC Merlin G. Richardson lennar Homes, LlC lennar Homes, LtC Lennar Homes, LLC lennar Homes, LLC Lennar Homesl llC lennar Homes, LtC Lenner Homes, LlC lennar Homes, LLC lennar Homesl LLC Lennar Homes, LLC. lennar Homes, LLC Lennor Homes, LLC Lennar Homes, LLC Lennar Homes, LlC Lennar Homes, llC lennar Homes, lLC lennar Homes, llC lennar Homes, LLC lennar Homes, LlC lennar Homes, lLC lennor Homes, LLC lennor Homes, LlC lennor Homes, LlC lennar Homes, LlC Lennar Homes, LlC Agenda Item No. 17A June 22, 2010 Site Add~~~e 26 of 137 No S1fe Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Ad dress No Site Address No Site Address 10016 Heritage Bay Boulevard No Site Address No Site Address 9805 lmmokclee Rood No Site Address No Site Address 10113 Heritage Boy Boulevard 10'02 Heritage Bay Boulevard No She Address No Site Address No Site Address No Site Address 1 001 0 lions Boy Court 10014 lions Boy Coun 10018 lions Boy Coun 10022 lions Bay Court 10026 lions Boy Court 10030 lians. Boy Court 10034 lions Boy Court 10038 lions Boy Court 10042 Lions Boy Court 10046 lions Boy Court No Site Address No Site Ad dress No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address 10074 Lions Boy Court 10078 lions Bay Court 10082 lions Boy Court 10081 lions Boy Court 1 0077 lions Bay Court 10073 lions Boy Court 10045 lions Bay Court 10041 lions Boy Court ( , ( ( Folio No. 49660078789 49660078802 49660078828 49660078844 49660078860 49660078886 49660078909 49660078925 49660078941 49660078967 49660078983 49660079005 49660079021 49660079047 49660079063 49660079089 49660079102 49660079128 49660079144 49660079160 49660079186 49660079209 49660079225 49660079241 49660079445 49660079461 49660079487 49660079500 49660079526 9660079542 49660079568 49660079801 49660079827 49660079843 49660090026 49660090042 49660090068 49660090084 49660090107 49660090123 49660090149 49660090165 49660090181 49660090204 49660090220 49660090246 49660090262 49660090288 49660090301 49660090327 49660090343 49660090369 49660090385 49660090408 49660079869 '9660079885 9660079908 49660079924 496600799,W 49660079966 49660079982 49660080007 49660080023 Ownership Thomo. M. & Judith A. Hollberg Joseph & Irene A. Pollio Michael A. Alesio louis & Deborah Jefko Joen T. & Ralph M. Irons Charles A. & Sara Sabatino Poul David McKercher Richard A. & Irma R. MUler George E. Mother David A. Dalessandro Aurora loon Services, lle Dionne Marie Heenan Bruce M. & Sandra L Mozer Vosili C. & Mary P. Stompol John Cullen May Bradley K. Uzen Anthony R. & Suson Fowler Anthony F. Celeste, Jr. Robert J. Seamon Virginia H. 800ne Robert A. & Winifred C. Ehrich Paul R. & Barbaro loyton James P. & Geraldine J. Guzman Peter & Raffaele Melaragno Frank J. Cascerceri Tru!>1 Christopher Harold Vroom Michael & Elise Whalen Wi/liom C. & JudiTh A. Houser Doniel J. & Chrisfine A. Erck Cheryl A. Pradelski Charles L Keepman Cea$ar J. Chiaramonte Trust Edwin B. & Lynn C. Hubbard David AHen Reese Trust Frances Y. Massimino Trust Chris & Eleanor Chon George C. Winkler Andrew T. & Sherd A. Montagna Samuel J. & Chery! L. Bonasoro Laurence T. Bennett David W. & Nancy J. Horton William J. & Jennifer C len' James M. & Susan L. Keenan Carole P. Chmelecki Betty J. Hill Mortin B. & Genevieve Cu1tone Cheryl D. Mcintyre Donald W. Porter Angela lossia George R. Frerichs Ann lolly a'Bryan Trusl George A. & Anne K. Blewill Richard G. & Koren D. Buff Thomas K. Doyle Ellen M. Bradley Dennise Delaura Ronald & Sheila Granl Ellen M. Bradley Jndia SHeet Station, llC George & Elaine Mother Paul A. Sabatino Richard J. RioHo Thomas M. & Maureen A. Anderson Agenda Item No. 17A June 22, 2010 SOt Add Page 27 of 137 Ie ress 10204 Gotor Boy Court 10208 Gator Boy Courf 1 0212 Gator Bay Court '0216 Gator Bay Court J 0220 Gator Bay Court 10224 Gator Bay Court 10228 Gator Boy Couff 10232 Gator Bay Court '0236 Gator Bay Court 10240 Gator Bay Court 10244 Gator Bay Court 10248 Gator Boy Court 10252 Gator Boy Courl 10256 Gator Boy Court 10260 Gator Boy Court 10264 Gator Bay Court 10268 Gator Bay Court 10272 Gator Bay Court 10276 Gator Boy Court 1 0280 Gator Boy Court 10284 Gator Bay Court 10288 Gator Bay Court 10292 Gafor Bay Court 10296 Gator Bay Court 10338 Gotor Boy Court 10342 Gator Boy Court 10346 Gator Boy Court 10350 Gator Bay Court 10345 Gator Boy Court 10341 Gator Boy Court 10337 Gator Boy Court 10275 Gator Bay Court 10263 Gotor 8.oy Court '0259 Golor Boy Court No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Sile Address No She Address No Site Address No Site Address No Site Addres$ No Sile Address No Site Address No Site Address No $ile Address No Site Address No Site Address No Site Address 10285 Gator Bay Court 10390 Smokehouse Bay Drive 10394 Smokehouse Bay Drive 10398 Smokehouse Boy Drive 10402 Smokehouse Boy Drive 10406 Smokehouse Bay Drive 1 041 0 Smokehouse Boy Drive 1041 4 Smokehouse Boy Drive 1041 8 Smokehouse Bay Drive 10422 Smokehouse Boy Drive Folio No. 49660080049 49660080065 49660080081 49660080104 49660081022 49660081048 49660081064 49660081080 49660081585 49660082089 49660083703 49660083729 49660084249 49660086865 49660086962 49660087068 49660087084 49660087107 49660087123 49660087149 49660087165 49660087181 49660087204 49660087220 49660087246 49660087262 49660087288 49660087301 49660087327 i9660087343 19660087369 49660087385 49660087408 49660087424 49660087440 49660087466 49660087482 496600875D5 49660087521 49660087547 49660087563 49660087589 49660087602 49660087628 49660087644 4966D087660 49660087686 49660087709 49660087725 49660087741 49660087767 49660087783 49660087806 49660087822 49660087848 ,.-49660087864 966D087880 49660087903 49660087929 49660087945 49660087961 49660087987 49660088009 Ownership Jeffrey R. & Bethann L Sedam John F. & Corol L Hahn. Jr. lennar Homes, LtC Lenner Homes, LlC lenner Homes, LtC leonar Homes, LtC lennar Homes, LtC Heritage Bay Community Development District lennor Hames., UC Lennar Homes, LlC lennor Homes, LLC lennar Homes, LtC lennar Homes, LlC lennar Homes, LLC lennar Homes, LlC Seyvest, ue Heritage Bay Community Development District HerItage Boy Community Development District Servesl, LtC Lennar Homes, LlC Steven M. & Jolene E. Andryk Thomas & Kathleen Bley Trust John F. & Joyce F. Foley Trust Henry lunde T rurl Joseph 8. & Carmela Zeiser Connie Sue Wells Trust James E. Dame III Trust Wayne Reffke Trust Gary & Mary O'Neill Peter J. Krug Trust Michael F. & Jane E. Rollins Michael S. & Caryl A. Gordon John Scott Hiller Paul J. St Hilaire Michael J. & Elizabeth A. Ellis Adeline T. Mancini Charles Schneider III Nicholas lusuriello Gary A. Olson Trust John & Merle O'Sullivan Giulio labonl Caner Celeboglu Gary L. Clifton Robert E. Tuffy Trust Vincent A. & Undo A. DisduJlo William E. Cutcliffe Trust John M. & Kristin Dorgan Allen S. & April A. Hay Frank N. & Patricia A. Diaferio Richard & Margaret Donsovage lennar Homes, lLC Robert Anthony Rasa Trust Lennar Homes, LLC Lennar Homes, LLC lennor Homes, lLC Lennar Homes, LlC lennar Homes, lie Lennar Homes, liC lenner Homes, LLC Lennar Homes, LlC lennar Homes, LlC Lennar Homes, LlC Lennar Homes, LlC Agenda Item No. 17 A June 22, 2010 Site Ad.fr€a6 28 of 1 37 10426 Smokehouse Bay Drive 1 0430 Smokehouse Bay Drive 1 0434 Smokehouse 80y Drive 10438 Smokehouse Bay Drive No Site Address No Site Address: Na Site Address No Site Address No Site Address No Site Address No Site Address No Site Address 9396 Weathered Stone Drive No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address 10529 Herltage Bay Soulevard 10525 Heritage Bay Boulevard 10521 Heritage Bay Boulevard 10517 Heritage Bay Boulevard 10513 Heritage Bay Boulevord 10509 Heritage Bay Boulevard 10505 Heritage Boy Boulevard 10501 Heritage Bay Boulevard 10495 Heritage Boy Boulevard 10491 Heritoge Bay Boulevard 10487 Heritage Bay Boulevard 10483 Heritage Boy Boulevard 10479 Heritage Bay Boulevard 10473 Heritage Bay Boulevard 10469 Heritage Bay Boulevard 10465 Heritage Boy Boulevard 10459 Herltoge Bay Boulevard 10455 Herltage 8ay Boulevard 10451 Heritage Bay Boulevard 10447 Heritage Bay Bouelvord 10443 Herltoge Bay Boulevard 10439 Heritage Bay Boulevard 10435 Heritage Bay Boulevard 10431 Heritage Bay Boulevard 10427 Heritage Bay Boulevard 10423 Heritage Bay Boulevard 10419 Heritage Boy Boulevard 10413 Heritage Bay Boulevard 10409 Heritage Bay Boulevard 10403 Heritage Bay Boulevard 10397 Heritage Bay Boulevard 10393 Heritage Bay Boulevard 10389 Heritage Bay Boulevard 10385 Heritage Bay Boulevard 10381 Heriloge Boy Boulevard 10377 Heri10ge Bay Boulevard 10373 Heri1age Boy Boulevard 10369 Heritage Bay Boule....ord 10365 Heritage Boy Boulevard 10388 Heritage Bay Boulevard 10392 Heritage Bay Boulevard 10396 Heritage Boy Boulevard 10400 Heritage Bay Boulevard ( ( ( Folio No. 49660088025 48660088D41 49660088067 49660088083 49660088106 49660088122 49660088148 49660088164 496600881 80 49660088203 49660088229 49660088245 49660088261 49660088287 49660088300 49660088326 49660088342 49660088368 49660088384 49660088407 49660088423 49660088449 49660088465 49660088481 49660088504 49660088520 49660088546 49660088562 49660088588 19660060302 49660060289 49660060263 49660060247 49660060221 49660060205 49660060182 49660060166 4966006014D 49660060124 49660060108 49660060085 49660060522 49660060506 4966000483 49660060467 49660060441 49660060425 49660060409 49660060386 49660060360 49660060344 49660060328 00181720102 00181680103 001 90160009 '10190160106 0181680200 00181720209 68986800023. 68986800528 68986800544 68986800560 68986800586 Ownership lennar Homes, LlC lenner Homes, LLC lennar Homes, LLC lennar Homes, LLC Lennar Homes, LlC James F. Moran Steven C. Hermann Richard L & Eileen M, Goodkk Stephen E. & Barbara R. Palumbo Stanislav Musil Mara P. & Doreen M. Flagg Frank J. & Kathy A. Arcvrle Helen Petrillo Donna C. O'Aga1o Philip j, Magnorello Alessandro Natoli John A. Conturs! Thomas A.. Winter Trus! John S. & Diane K. Halunen Dennis A. & Sharon L French Trust Louis R. BlneTTo Dorrell W. & Sharyn A. Sutton William A. & Joyce M. Kaiser Thomas Precio Trusf Peter & Seth Vrees Salvatore A. Pafoflo Trust Richard J. Redziniok Joseph R. & Anna Scordion Eugene A. Krebsbach lennar Homes, LLC Lennor Homes, LlC Lennor Homes, LLC Lennar Homes, LlC Lennar Homes, LlC lennar Homes, LtC lennar Homes, LtC Lennar Homes, LtC Lennar Homes, LtC Lennar Homes, LLC Lennar Homes, LlC lennar Homes, LLC Lenner Homes, LtC lenner Homes, LLC lennar Homes, LLC Lenner Homes, LLC Lennar Homes, LlC lenner Homes, LLC lennar Homes, LtC Lennar Homes, LtC Lennar Homes, LtC Lennor Homes, LLC lennor Homes, LLC Centex Homes Centex Homes Centex Homes Quarry Community Development Distrid Quarry Community Development Distrid Quarry Community Development District Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Agenda Item No. 17 A June 22, 2010 Site AddPe\!li'e 29 of 137 10404 Heritage Bay Boulevard 10409 Herltage Bay Boulevard 10412 Heritage Boy Boulevard 1 0416 Heritage Bay Boulevard 10420 Heritage Bay Boulevard 1 0424 Heritage Boy Boulevard 10430 Heritage Boy Boulevard 10434 Heritage Boy Boulevard 10442 Heritage Boy Boulevard 10446 Heritage Boy Boulevard 10450 Heritage Bay Boulevard 10456 Heritage Boy Boulevard 10460 Heritage Bay Boulevard 10464 Herltage Bay Boulevard 10468 Heritage Bay Boulevard 10472 Heritage Boy Boulevard 10476 Heritage Bay Boulevard 10480 Herifage Say Boulevard '0464 Heritage Boy Boulevard 10488 Heritage Bay Boulevard 10492 Heritage Boy Boulevard 10496 Heritage Bay Boulevard 10500 Heritage Bay Boulevard 10504 Herltoge Boy Boulevard 10508 Heritage Soy Boulevard 10512 Heritage Bay Boulevard 10520 Heritage Boy Boulevard 10524 Herifage Boy Boulevard 10528 Herltoge Boy Boulevard No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address Nickel Ridge Circle No Site Address Quorry Drive No Site Address No Site Address No Site Address 9425 Immokolee Road No Site Address 9294 Umestone Troil 8725 Hideaway Harbor Court No Site Address Folio No. 68986800667 68986800683 68986800706 ~8986800722 68986800748 68986800764 68986800780 68986800803 68986800829 68986800845 68986800861 68986800887 68986800900 68986800926 68986800942 68986800968 68986800984 68986801006 68986801022 68986801048 68986801064 68986801080 68986801103 689868011 29 68986801145 68986801161 68986801187 68986801200 68986801226 '>8986801242 8986801268 68986801284 68986801307 68986801323 68986801346 68986770027 68986770043 6898677D069 68986770085 68986770108 68986770124 68986770645 68986770661 68986770687 68986770700 68986770726 68986770742 68986770768 68986770784 68986770807 68986770823 68986770849 68986770865 68986770881 68986770904 68986770920 '986770946 d986770962 68986770988 68986771000 68986771026 ,,0986771042 68986771068 Ownership Centex Homes Centex Homes Centex Homes Cen'ex Homes Quarry Community Assodction, Inc. Quarry Community Association, Inc. Cen'ex Homes Centex Homes Centex Homes Cen'ex Homes Gary & Margaret P. Walchli John &. Karen N. Yannone Pete A. & lorle A. Bitzel Constantine G. Barbounis Allen C. Finatr! Trust Jim & Ali Parish John & Lola T. Reiman Mark S. & Kimberly D. Bell Marlndo Joe Bartley Lorr)' Jackson Trust Howard L & Pamela C Freedman Kenneth R. Coleman Sr. Trust Margaret P. Stringfellow Trust Nicolas A. VllIamizar Gwendolyne E. Porshinsky Trust Ion M. Chrlstmans Dwight A. Olson John G. & Aro Lou Panutsos Charles S. Abel Robert J. & Loretta M. Stoltz Holly R. Leslie Elizabeth M. Lynn Derek Marlin John & Shannon Cane Robert & Grace Wallace Centex Homes Centex Homes Cenlex Homes Centex Homes Centex Homes Centex Homes Quarry Community Association, Inc. QlJorry Community Association, Inc. Quarry Community Association, Inc. eentex Homes Centex Homes (entex Homes Centex Homes (entex Homes (enlex Homes (enlex Homes Cente x Homes Centex Homes Centex Homes (enlex Homes Centex Homes Cenlex Homes Quarry Community Assodation, Inc. (entex Homes Centex Homes Centex Homes Cenlex Homes Centex Homes Agenda Item No. 17A June 22, 2010 Site Adcfr'tflBe 30 of 137 8749 Coanline Court 8764 Coastline Court 8710 Quarry Drive No Site Address 8708 Quarry Drive No Site Address No Site Address No Site Address No She Address No Site Address 8729 Hideaway Harbor Court 8733 Hideaway Harbor Court 8737 Hideaway Harbor Court 8741 Hideaway Harbor Court 8745 Hideaway Harbor Court 8749 Hideaway Harbor Court 8753 Hideaway Harbor Court 8757 Hideaway Harbor Court 8761 Hideaway Harbor Court 8765 Hideawoy Harbor Court 8769 Hideaway Harbor Court 8773 Hideaway Harbor Court 8777 Hideaway Harbor Court 8781 Hideaway Horbor Court 8785 Hideaway Harbor Court 8789 Hideaway Harbor Court 8776 Hideaway Harbor Court 8772 Hideaway Harbor Court 8768 Hideaway Harbor Court 8764 Hideaway Horbor Court 8760 Hideaway Harbor Court 8754 Hideaway Harbor Court 8736 Hideaway Harbor Court 8732 Hideaway Harbor Court 8728 Hideaway Harbor Court No Site Address No Site Address No Site Address 9385 Wea'hered Stone Drive No Site Address 8901 Quarry Drive No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No SUe Address No She Address 9253 Marble Stone Dri....e No Site Address No Site Address No Site Address No Site Address 8955 Weathered Stone Drive No Site Address No Site Address ( ( ( Folio No. 68986771084 68986771107 68986771123 68986771149 68986771165 68986771181 68986771204 68986771220 68986771246 68986771262 68986771288 68986771301 68986771327 68986771343 68986771369 68986771385 68986771408 68986771424 68986771440 68986771466 68986771482 68986771505 68986771521 68986771547 68986771563 68986771589 68986771602 68986771628 68986771644 "8986771660 08986771686 68986771709 68986771725 68986771741 68986771767 68986771783 68986771806 68986771822 68986771848 68986771864 68986771880 68986771903 68986771929 68986771945 68986771961 68986771987 68986772009 68986772025 68986772041 68986772067 68986772083 68986772106 68986772122 68986772148 68986772164 ^8986772180 . __ :986772203 08986772229 68986772245 6898677226 J 68986772287 68986772300 68986772326 Ownership Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Kenneth M. & Kathy L Hobson Richard H. Tegt Gregory & Laurin Skrobonjo Stephen 8. Rives Morio E. Deflorio Donald G. Parker Trust George & Sandra Postoar Jade & Ilene H. Bloz Paul A. & Mondy R. Deyoung Michael Tricarlchi Glenn Midnet Thomas Armanln! Centex Homes Centex Homes Centex Homes Centex Homes ARBC Corporation L8 Quarry I LlC America's First Home, LLP 1537701 Ontario lId Harbourside Custom Homes, Inc. Horbourside Custom Homes, Inc. Horbourside Custom Homes, Inc. America's First Home, llP lB Quarry, llC Mark E. Utow Trust ARBC Corporation Herbert G. Chorbojian Mark R. Chandley Centex Homes Cenlex Homes Centex Homes Cenlex Homes Centex Homes Centex Homes (enlex Homes Centex Homes Centex Homes Cernex Homes Centex Homes Centex Homes Centex. Homes Centex Homes Cenlex Homes Centex Homes Michael McMahon Christopher J. McMahon Dorin O. Klendworth Mark & Usa Walkush Thomas Coyle Robert F. & Janet L. Corbell Poul A. Sabofino Daniel C. & Corolyn Savitsky Angela Fitzgerald Gory L. & Patricia F. Pedersen Nicholas Clement Bone Agenda Item No. 17A June 22, 2010 Site Addri'ooe 31 of 137 8949 Weathered Stone Drive 8960 Weathered Stone Drive No Site Address No Site Address No Site Address 9098 Weathered Stone Drive No Site Address 8802 Spinner Cove lone 8806 Spinner Cove lone 8810 Spinner Cove lone 8814 Spinner Cove lane 881 8 Spinner Cove lone 8822 Spinner Cove lone 8826 Spinner Cove lone 8825 Spinner Cove lone 8821 Spinner Cove lane 8817 Spinner Cove lane 8813 Spinner Cove la~e 8805 Spinner Cove lone 9206 Marble Stone Drive 9210 Marble Stone Drive 9214 Marble Stone Drive 9218 Marble Stone Drive 9222 Marble Stone Drive 9226 Marble Stone Drive 9230 Marble Stone Drive 9234 Marble Stone Drive 9238 Marble Stone Drive 9242 Marble Stone Drive 9246 Marble Stone Drive 9250 Marble Stone Drive 9254 Marble Stone Drive 9258 Marble Stone Drive 9262 Marble Stone Drive 9266 Marble Slone Drive 9270 Marble Stone Drive 927.4 Marble Stone Drive 9278 Marble Stone Drive 9282 Marble Stone Drive 9266 Marble S10ne Drive 9290 Marble Stone Drive 9294 Marble Slone Drive 9231 Marble Stone Drive 9235 Marble Stone Drive 9239 Marble Stone Drive 9243 Marble Stone Drive 9247 Marble Stone Drive 9251 Marble Stone Drive 9295 Marble Stone Drive 9299 Marble Stone Drive 9303 Marble Stone Drive 9307 Marble Stone Drive 9104 Quartz lone 9108 Quartz lane 9111 Crystal Court 91 J 5 Cryslal Court 9119 Crystal (ourf 9123 Crystal Court 9127 Crysla! Court 9131 Crystal Courf 9135 Crystal Court 9136 Crystal Court 9132 Crystal Court Folio No. 68986772342 68986772368 68986772384 ,8986772407 68986772423 68986772449 68986772465 68986772481 68986772504 68986772520 68986772546 68986772562 68986772588 68986772601 68986772627 68986772643 68986772669 68986772685 68986772708 68986772724 68986772740 68986772766 68986772782 68986772805 68986772821 68986772847 68986772863 68986772889 68986772902 ...'8986772928 3986772944 68986772960 68986772986 68986773008 68986773024 68986773040 68986773066 68986773082 68986773105 68986773121 68986773147 68986773163 68986773189 68986773202 68986773228 68986773244 68986773260 68986773286 68986773309 68986773325 68986773341 68986773367 68986809024 68986809529 68986809626 68986809642 986809668 -'986809684 68986809707 68986809723 68986809749 0:986809765 68986809781 Ownership John W. Kls Kim & Katherine Myhre Merio K. Christmas JSU land Development KeMetn G & Ute G Moore Jack & Cheryl 8. Turgel Harvey C. Hilton Devid A. & Susan A. Zjcker Charles Romanoll LoIs G. Mastroianni Randall L. BransleUer Florendo B. Williams Victor & Judith Morono John L & Rita J. Taylor Gail ferrarls James R. & Carolyn Higgins John & Patricla Hermsen Suratkol & Jyolhl Shenay Marionne D. & David C. Mu1ch Karina Sejas Donielle M. Thomas MIchael D. & Karen V. Norman Cynthia Yoskowitz Trust The Gromercy Group, llC Leland & Diona Berry Lewis & Ann Mohrmann Suzanne Oelschager Corrado E. & Sharon A. Menlnc Nick Nero Richard K. & Pamela J. Huber Michael E. Kott Chorles A. Sabatino Kevin Powell Eugene S. & Co rol A. Simon Vovo Yeo Nyanudor Robert S. Kleese Anthony Morino Gary Holzhousen HI Trust Deborah Dolon Aurora loan Services, llC John J. Schneider Ronald J. & Jane M. OeMarines Thomas A. lorino Alessio Pretto ET Al Neal & Kathleen Vanschouwen Steven Gilliam Keith W. & Suellen S. Gilliam Jeanne T. Vargo Trust Troy & Seemo Shaffer Daniel R. & Betsy M. Opy1, Jr. Cheryl A. Ollila Douglas E. & Carol A. Wiebel Centex Homes Centex Homes Cenlex Homes Centex Homes Centex Homes Cenlex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Agenda Item No. 17A June 22, 2010 Site Add~ile 32 of 137 9128 Crystal Court 9124 Crystal Court 91 20 Crystal Court 9116 Crystal Court 911 0 Crystc I Court 91 30 Quartz Lane 91 36 Quartz Lane 9140 Quartz Lane 9146 Quartz Lane 9150 Quartz lane 9156 Quartz lane 91 60 Quartz lane 9163 Shole Court 9167 Shale Court 9171 Shale Court 9175 Shale Court 9170 Shale Court 9166 Shale Court 9162 Shale Court 9168 Quartz lane 9172 Quartz lane 9176 Quartz Lane 9180 Quartz lone 9184 Quartz lone 917.4 Treeside Court 9178 Treeside Court 9182 Treeside Court 9186 Treeside Court 9190 Treeside Court 91 93 T reeside Court 9189 Treeside Court 9185 Treeside Court 91 81 T reeside Court 91 77 T reeside Court 9173 Treeside Court 91 65 Quartz lane 9161 Quartz lone 9157 Quartz lane 9153 Quartz lone 9149 Quartz lone 9145 Quartz Lane 91 41 Quartl lane 91 37 Quartl lane 9133 Quartz lane 91 29 Quartz lane 91 25 Quartz. lane 9121 Quartz lane 9117 Quartz lane 9113 Quartz lone 91 09 Quaff2 lone 9105 Quarfl lane 9101 Quartl lone No Site Address No Site Address No Site Address. Na Site Address No Si1e Address No Site Address No Site Address. No Site Address No She Address No Site Address No Site Address ( ( ( Folio No. 68986809804 68986809820 68986809846 68986809862 68986809888 68986809901 68986809927 68986809943 68986809969 68986809985 68986810000 68986810026 68986810042 68986810068 68986810084 689868 I 01 07 689868101 23 68986810149 68986810165 68986810181 68986810204 689868 I 0220 68986810246 68986810262 68986810288 68986810301 68986810327 68986810343 689868 I 0369 ',8986810385 08986810408 68986810424 68986810440 68986810466 68986810482 68986810505 68986810521 68986810547 68986810563 689868 I 0589 68986810602 689868 I 0628 68986810644 689868 I 0660 68986810686 68986810709 68986810725 689868 I 0741 68986810767 689868 I 0783 689868 I 0806 689868 I 0822 68986810848 68986810864 68986810880 ~8986810903 1986810929 68986810945 68986810961 68986810987 689868 II 009 689868 II 025 68986811041 Ownership Centex Homes Centex Homes Centex Homes Quarry Community Association, Inc. Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Cenfex Homes Centex Homes Quarry Community Development Distrid Centex Homes Centex Homes Cen'ex Homes Centex Homes Centex Homes Norman P. Vernon, Jr. Centex Homes Centex Homes Centex Homes Centex Homes Kevin T. Fay Lovis A. & Delicia 5cot10 Centex Homes Centex Homes Downo R. Hackman Trust Frank & Jeononn Berardo Michael & Vivian Dedio Elaine Beretyn Joseph A. & Kelley l. Anders, Jr. Sora Jane Gammon Centex Homes Andrew ZeTorno Richard H. & Sheila C. KeY5 James & Anne Illingworth Vernon C. & Janice J. Gosh Randall Espeseth Lawrence B. & Mora L. Polan John E. & Lynne Hooper (ente x Homes Steven A. Destefano Herbert & Joan Kromer Trust Lawrence J. lane Trust James Henry Murray III Yvon & ~onnje Lauzon Rolando & Corminda Borbosa Michael D. & Tonya l. White Mary Ann Okner Trust Donald & Maureen Leo Glenn A. & Teresa I. Hollrah Chet & Marianne Jomiolkowski Robert John Steeds Trust John & Cheryl Anne Smyth Giovanni & Rosa Santorelli Centex Homes Centex Homes Centex Homes Cenlex Homes Agenda Item No, 17 A June 22. 2010 Site AddJiliSle 33 of 137 No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No SIte Address No Site Address No Site Address No SHe Address No SIte Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address No Site Address 9704 Cobalt Cove 9700 Cobalt Cove 9696 Cobalt Cove 9692 Cobalt Cove 9688 Coball Cove 9684 Cobalt Cove 9668 Cobalt Cove 9656 Cobalt Cove 9648 Cobalt Cove 9644 Cobalt Cove 9640 Cobalt Cove 9636 Cobalf Cove 9620 Cobalt Cove 9614 Coboll Cove 961 0 Cobalf Cove 9606 Cobalt Cove 9602 Cobalt Cove 9601 Cobalt Cove 9605 Cobalt Cove 9609 Cobalt Cove 961 3 Coball Cove 9617 Coboll Cove 9621 Cobolt Cove 9625 Cobalt Cove 9629 Coball Cove 9633 Cobalt Cove 9637 Cob all Cove 9641 Cobalt Cove 9645 Cabo It Cove 9649 Cobalt Cove 9653 Cobalt Cove 9657 Cobolf Cove 9661 Cobalt Cove 9665 Cobalt Cove 9669 Cobol1 Cove 9673 Cobolt Cove 9677 Cobolt Cove 9681 Cobalt Cove 9685 Cobolt Cove 9689 Cobalt Cove 9693 Cobolt Cove 9697 Cobolt Cove Folio No. 68986811 067 68986811083 68986811106 \8986811122 68986811148 68986811164 68986811180 68986811203 68986811229 68986811245 68986811261 68986811287 68986811300 68986811326 68986811342 68986811368 68986811384 68986811407 68986811423 68986811449 68986811465 68986811481 68986811504 68986811520 68986811546 68986811562 68986811588 68986811601 68986811627 " ~8986811643 3986811669 68986811685 68986811708 68986811724 68986811740 68986811766 68986811782 68986811805 68986811821 68986811847 68986811863 68986811889 68986811902 68986811928 68986811 944 68986811960 68986811986 68986812008 68986812024 68986812040 68986812066 68986812082 68986812105 68986812121 68986812147 ,68986812163 986812189 .)986812202 68986812228 68986812244 68986812260 6':986812286 68986812309 Ownership Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes (entex Homes Centex Homes Centex Homes Ceotex Homes Centex Homes Centex Homes (entex Homes Centex Homes Centex Homes Centex Homes James & Pot Amaiz (entex Homes Centex Homes Centex Homes Centex Homes (entex Homes (entex Homes (entex Homes Centex Homes Centex Homes (entex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes (entex Homes (eotex Homes (entex Homes Cent~x Homes Centex Homes Centex Homes Centex Homes (entex Homes (entex Homes Centex Homes Centex Homes Centex Homes (entex Homes Centex Homes D. Scott Mackesy Centex Homes J. Kerry & Jennifer Rogan Trust John & Denette lemm On The links limited Partnership John D. O'Rourke Centex Homes Centex Homes Cenfex Homes Centex Homes Centex Homes Centex Homes Cenfex Homes Agenda Item No. 17A June 22, 2010 Site Adcfrlila6 34 of 137 9701 Cobalt Cove 9311 Marble Stone Drive 9315 Marble Stone Drive 9319 Marble Stone Drive 9323 Marble Stone Drive 9327 Marble Stone Drive 9331 Marble Stone Drive 9335 Marble Stone Drive 9339 Marble Stone Drive 9343 Marble Stone Drive 9312 Granite Court 9316 Granite Court 9320 Granite Court 9324 Granite Court 9328 Granite Court 9332 Granite Court 9336 Granite Court 9337 GranIte Court 9333 Granite Court 9329 Granite Court 9325 Granite Court 9321 Granite Court 9317 Granite Court 9322 Marble Stone Drive 9340 Slate Court 9344 Slate Court 9348 Slote Court 9352 Slote Court 9356 Slote Court 9360 Slate Court 9364 Slate Court 9368 Slale Court 9372 51 ate Court 9376 Slate Court 9380 Slate Courl 9384 Slate Courf 9383 Slate Court 9379 Slate Court 9375 Slate Courf 9371 51 ate Court 9367 Slote Court 9353 Slate Court 9349 Slate Court 9345 Slate Court 9342 Marble Stone Drive 9346 Marble Stone Drive 9350 Marble Stone Drive 9354 Marble Stone Drive 9358 Marble Stone Drive 9812 Nickel Ridge Circle 9806 Nickel Ridge Circle 9800 Nickel Ridge Circle 9796 Nickel Ridge Circle 9792 Nickel Ridge Circle 9788 Nickel Ridge Circle 9784 Nickel Ridge Circle 9778 Nickel Ridge Circle 9774 Nickel Ridge Circle 9770 Nickel Ridge Circle 9766 Nickel Ridge Circle 9762 Nickel Ridge Circle 9758 Nickel Ridge Grc1e 9754 Nickel Ridge Circle ( ( ( Folio No. 68986812325 68986812341 68986812367 68986812383 68986812406 68986812422 68986812448 68986812464 68986812480 68986812503 68986812529 68986812545 68986812561 68986812587 68986812600 68986812626 68986812642 68986812668 68986812684 68986812707 68986812723 68986812749 68986812765 68986812781 68986812804 68986812820 68986812846 68986812862 68986812888 "8986812901 ,8986812927 68986812943 68986812969 68986812985 68986813007 68986813023 68986813049 68986813065 68986813081 '68986813104 68986813120 68986813146 68986813162 68986813188 68986813201 68986813227 68986813243 68986813269 68986813285 68986813308 68986813324 68986813340 68986813366 68986813382 68986813405 ~8986813421 986813447 ,,8986813463 68986813489 68986813502 68986813528 68986813544 68986813560 Ownership Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Christopher O'Connell Jeffrey & Donno Ackerman Arlene T. Defino Trust Undo K. Weidmaier Trust Ramo Moddipoti Centex Homes Pamela A. Gvilonder Trust Peter R. & 8ertha L. Heelan Joon S. Halpern Trust Lowrence N. Gross Steve G. & Susan G. Gorretl Centex Homes Centex Homes Cenlex Homes Centex Homes Centex Homes Centex Homes Centex Homes Dennis R. & Dione J. Kilcoyne Scott A. & Stephanie G. Broming Cenlex Homes Centex Homes (entex Homes (entex Homes (enlex Homes (entex Homes Cent ex Homes Centex Homes (entex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Cenlex Homes Cen1ex Homes Cenfex Homes Centex Homes (entex Homes Agenda Item No. 17 A June 22, 2010 Site Addli~e 35 of 137 9750 Nickel Ridge Circle 9746 Nickel Ridge Circle 9738 Nickel Ridge Circle 9718 Nickel Ridge Circle 9714 Nickel Ridge Circle 9710 Nickel Ridge Circle 9711 Nickel Ridge Circle 9715 Nickel Ridge Circle 9719 Nickel Ridge Circle 9723 Nickel Ridge Circle 9727 Nickel Ridge Circle 9731 Nickel Ridge Circle 9735 Nickel Ridge Circle 9739 Nickel Ridg~ Circle 9743 Nickel Ridge Circle 9747 Nickel Ridge Circle 9751 Nickel Ridge Circle 9755 Nickel Ridge Orcle 9761 Nickel Ridge Circle 9765 Nickel Ridge .Circle 9769 Nickel Ridge Circle 9775 Nickel Ridge Circle 9779 Nickel Ridge Circle 9783 Nickel Ridge Orele 9787 Nickel Ridge Orcle 9791 Nickel Ridge Circle 9795 Nickel Ridge Circle 9799 Nickel Ridge Circle 9803 Nickel Ridge Circle 9807 Nickel Ridge Circle 9811 Nickel Ridge Circle 9815 Nickel Ridge Circle 9370 Copper Canyon Court 9378 Copper Conyon Court 9382 Copper Conyon (ourf 9386 Copper Conyon Court 9390 Copper Canyon Courf 9394 Copper Conyon Court 9398 Copper Canyon Court 9402 Copper Conyol'\ Courl 9406 Copper Canyon Court 9410 Copper Canyon Courf 9409 Copper Canyon Court 9405 Copper Conyon Court 9401 Copper Canyon Covrt 9397 Copper Ccnyon Courl 9393 Copper Canyon Court 9389 Copper Canyon Cour! 9385 Copper Canyon Courf 9381 Copper Cony on Courl 9377 Copper Conyon Court 9373 Copper Canyon Court 9372 Marble Slone Drive 9384 Copper Rock Court 9388 Copper Rock Court 9392 Copper Rock Courl 9396 Copper Rock Court 9400 (opper Rock Courl 9404 Copper Rock Cour! 9408 Copper Rock Court 9412 Copper Rock Court 9416 Copper Rock Cour! 9420 Copper Rock Court 7.\ '~"'.\~.~~\ ~.~~, "'_..._ ~ _0_' ~ _ _,~.... _., _ .. _" _ .. Folio No. 68986813586 68986813609 68986813625 68986813641 68986813667 68986813683 68986813706 68986813722 68986813748 68986813764 68986813780 68986813803 68986813829 8D71 0099787 80710099800 80710099826 80710099842 80710099868 80710099884 80710099907 80710099923 80710099949 80710099965 80710100029 80710100045 80710100061 80710100087 80710100100 80710100126 80710100142 0710100168 80710100184 80710100207 8071 01 00223 80710100249 80710100265 80710100281 80710100304 80710100320 80710100346 80710100362 80710100388 80710100401 80710100427 80710100443 80710100469 80710100485 80710100508 80710100524 80710100540 80710100566 80710100582 80710100605 80710100621 80710100647 80710100663 '710100689 ;71 01 00702 80710100728 80710100744 80710100760 b ~71 0100786 80710100809 Ownership Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Centex Homes Maria Perez Jairo Serrano Janusz & Janina Soron Uuba Rodriquez Gora Solano Yvette Chavez Laszlo Jeremias Jennifer Scheder Allan Gerardo Vargas Fabiano Pinto Jason T amassettl IIka Tuda Joseph Martinez Yolanda Serrano Maria Imodo JudIth DaCosta William Staros Christopher Davidson Rita Lopez Franklin Lemus Michelle Pena Brlan Colando lsmael & Ruth Rulz, Jr. Brunette Saintervll Kevin Rooney David Cruz Isaac Rapoport Nicole Weber Babett Moser Filippo Musso Kristy Brodbeck Jorge Gonzalez Odell" Furlani Raye & Avril Lloyd Jorge Olivares Monica Newhouse Jeffrey Sweeney Herbert Rubio Alexis & Rebecca Dejesus Peter Hartman, Jr. Jacob & Sarah Hamilton luisGarcia Gilberto & Aura Sanchez Eliza beth V olcy Hedor Bedoya Julio & Carmen Serrano Maria lingo Frankie & Alix Pacific Carlos & Joyce Metz Magda Arizmendiz Agenda Item No. 17A June 22, 2010 Site Addi'~ 36 of 137 9424 Capper Rode Court 9428 Capper Rack Court 9423 Copper Rock Court 9419 Capper Rock Court 941 5 Copper Rack Court 9411 Copper Rack Court 9407 Capper Rock Court 9403 Capper Rack Court 9399 Copper Rack Court 9395 Copper Rock Court 9391 Capper Rack Court 9387 Capper Rack Court 9414 Marble Stone Drive 9069 Gervais Grcle #1101 9069 Gervais Grcle # 1102 9069 Gervais Grcle #1103 9069 Gervois Grcle #1104 9069 Gervais Circle # 11 05 9069 Gervais Circle # 11 06 9069 Gervais Grcle # 1107 9069 Gervais Circle #1108 9069 Gervais Grcle # 11 09 9069 Gervais Circle # 111 0 9063 Gervais Circle #1201 9063 Gervais Circle #1202 9063 Gervais Circle # 1203 9063 Gervais Grcle # 1 2D4 9063 Gervais Circle #1205 9063 Gervais Circle # 1206 9063 Gervais Circle #1207 9063 Gervais Circle # 1208 9063 Gervais Circle # 1209 9063 Gervais Circle # 121 0 9059 Gervais Circle # 130 1 9059 Gervais Circle #1302 9059 Gervais Circle #1303 9059 Gervais Circle # 1 304 9059 Gervais Circle # 1305 9059 Gervais Circle #1306 9059 Gervais Circle #1307 9059 Gervais Cirele #1308 9055 Gervais Circle # 140 1 9055 Gervais Cirele # 1402 9055 Gervais Orcle # 1403 9055 Gervais Circle # 1404 9055 Gervais Orcle # 1405 9055 Gervais Orele # 1406 9055 Gervais Circle # 1407 9055 Gervais Orcle #1408 9051 Gervais Circle #1501 9051 Gervais Circle #1502 9051 Gervais Circle # 1503 9051 Gervais Orcle #1504 9051 Gervais Orcle # 1505 9051 Gervais Orcle # 1506 9051 Gervais Orcle # 1507 9051 Gervais Orcle #1508 9051 Gervais Circle #1509 9051 Gervais Circle # 1510 9047 Gervais Circle # 160 1 9047 Gervais Circle #1602 9047 Gervais Circle # 1603 9047 Gervais Circle # 1604 ( ( ( Folio No. BOll 01 00B25 B0710100B4! B0710100B67 80710100BB3 B071 01 00906 B071 0100922 Ownership Kafhy Hernandez Jean Marie Cramer Lazaro Rua, Jr. John Fischer Teresa Grimaldi lair Gomez Agenda Item No. 17A June 22, 2010 Site Addri'S\ge 37 of 137 9047 Gervob Grcl. #1605 9047 Gervais Grefe #1606 9047 Gervais Grcle # 1607 9047 Gervois Orcle #160B 9047 Gervais Orel. #1609 9D47 Gervais Grcle #161 0 Co~r County - ~ -- Agenda Item No. 17A June 22, 2010 Page 38 of 137 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 PRE-APPLICATION. MEETING NOTES o PUD Rezone (PUDZ) o PUD to PUD Rezone (PUDZ-A) 8PUD Amendment (PUDA) IIf.'lCf PL# 2.00'1 - I'::H ,- Date: /DI;;.r1oCf_ Time: /:/'5' Firm~nk.S '::~lI'\eu;~TIt'l11 SL"....",....J . I 'bAlJID LJIoJ~ Project Name: ~E'/2.'mGG:~AY \/lS~::> Size of Project Site, acres Applicant Name, ."i1.l~Qd- to ~ Phone, Owner Name, Phone, Owner Address, City State ZIP Existing PUD Name and Number He::etTAt:;.€ "'JV.Y'_, o~ =f'f 03-4() Assigned Planner~'"be.sJe.vY\ PUDA-PL2009.1499 REV: 1 HERITAGE BAY PUD DATE: 12/17/09 DUE: 12/30/09 Meeting Attendees, (attach Sign-In sheet) Meeting Notes t\d:o. Y)WJ .ssuJ'(H1 +r-'J 2.2.L/ w t= -6 ~(ov'-~ kvf-t +a'd~- lA\j ~ rro\Y'~~ Jowlo~ re5u~~oos ~~ . I ' ". '1 --..) \-0 v.e.< f,(OQlSS o.~! 6,n\l.(}.h'&i'\~ Dr Su~ tJ-u hems \",0.\ t...oc -~~.~..~l, ~ro.~8 ., I . \. \"f',o<-{o fuPA' s..J,..~ . ~ 'f c..t-- \ r. . +- w t ><0 t;,t>~ N.: I:~ 0"'" < u"'hkhh!.lw;.i.;,. - Ntf """"" ".. u.;' w.. Colmr County -. '-~....... ~ Agenda Item No. 17 A June 22, 2010 Page 39 of 137 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 ( PUD REZONE (PUDZ) PUD to PUD REZONE (PUDZ-A) PUD AMENDMENT (PUDA) ... .... AppLlCA nON SUBMITTAL CHECKLIST . THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W!COVER SHEETS ATTACHED TO EACH SECTION. NOTE, INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF REQUIRED NOT COPIES REQUIRED ;STANP....R.D..R..QUIR.EMEiliil:s;:/.'..;:i.i~W~i;i;!!'J,ji;:tJ:;;';iit:,;!!"." ">'-'- ;~:;:::;s' "",',-" :':',(,::"',:'.-:'-', """<,.'. '-'-';co'::f'-' ....,......':......, -,," """,.,,; 1 Additional set if located in the Bayshore/Gateway Triangle V' Redevelopment Area) 1 Additional set for School Board Review (if contains residential components) r "...... Copies of detailed description of why amendment is necessary \J 24 v" Completed Aoolicotion (download from website for current form) 24 v" Pre~opplicotjon meetina notes \I 24 V PUD Dacumen " " " 24 ./ x an .. ,.,-;. copy 24 '\/'" Originol PUD document ond Moster Plan i I" - ,., n"" t lIaII CL..- " 24 V' ONLY IF AMENDING THE pUD / . PUD document with changes crossed thru & underlined HfuJ M.d'1on U,. I 24 ~ - 24 if w-J Deeds/legal's & Survey (if boundary of originol PUD is omended) " ... 3 .,/' List identifying Owner & all parties of corporation .j 2 0/'"' Owner/Affidavit signed & notarized ./ 2 v" Covenant of Unified Control I 2 ../ Completed Addressing checklist (,1\0 MOn. ~ c.......,. 01.l.1 l ," J 2 v" Environmental Impact Statement (E1S) * or exemption justification I 2 Dlgitoljelectranic copy of EIS I 1 Historical Surveyor waiver request \ 4 ~ Utility Provisions Statement w/sketches 4 "...... Architectural rendering of proposed structures 4 .,/' Survey, signed & sealed N~ ....~*.(d. ~ ~ 4 ./" Traffic Impoct Statement [TIS) or woiver [with applicoble fees)c"?r I"ft., ~IlO';. 7 ~ Copy of Traffic Impoct Statement [TIS) on CDROM "T;;.' . 3 ;~Cl,\ocN.L ~otOgrOPhS [token within the previous 12 months min. scaled 1 "-200'), " ...tJS V proiect boundory 4 ~1i'CAli-c.reo. tl'lcl Electronic copy of all documents in Word format and plans (CORam or Diskette) J 1 V Justification/Rationale for the Deviations (must be on a separate sheet within the , 24 V application material; DO NOT include it in the PUD documents) .J Copies of Official Interpretations and/or Zoning Verifications t-l\p-, 1 V ( / I Colmr County - ~ -- Agenda Item No. 17A June 22, 2010 Page 40 of 137 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 AHoidableHliu.iri9l!i.Ecorioii#~eiieloi>"",,,,Co.uriclrP.r,,j8Ct.i;> .1".' '.',"" ".,:,,,:,': :;:-;:1.'/", :;,>'i. ''-,f',V; :;,';; ~: ,.-"i',,-. ri'. ...~,...""",\,,.. ;,',.': .;'::.: i :.,." :",,',' "', "",:";" '. '.,:",-,';, ': ;;,..,-.',.;:c;--":;...::-,i.:..:...;....- ,;,:...", ''-:~,;-, ':.'-' .\ .... 0 EDC "Fast Track" must submit approved copy of official 2 oppllcation V 0 Affordable Housing "Expedited" must submit copy of signed Certificate of Agreement. V "If prolect includes on Affordoble Housing component, you ore required to schedule meeting before the Affordable Housing Advisory Committee by contacting the "-olJjer County Housing ond Human Services Deportment ot 239.252-2273. tl~n If locoted in RFMU (Rural Frlnae Mixed Use) Recelvina Land Areas Applicant must contact Mr. Gerry J. lacovero, State of Florida Division of Forestry @ 239.690-3500 for informotion regording "Wildfire Mitigotion & Prevention Plan", LDe Section 2.03.08.A.2.0.(b)l.c. ~! If located wlthi ' mile of Robin Singer~ Planning Director City of Noples 295 Riverside Circle, Naples, FL ~ o ~ ~ ~ o B-- I of Na I send co o submitt I odee e to: Fees: 34102 0$10,000 (PUD Rezone) + $25 per acre (or froction of thereof) o $8,000 (PUD to PUD) + $25 per a,re (or froclion thereof) ...:8$6,000 (PUD Amendment) + ~25 per acre (ar fraction of an acre) Appiicotion Fee, $150.00 Fire Code Review / $100 for PUDZ-A $2,250.00 Comprehensive Plonning Consistency Review $500.00 Pre-appiicotion fee (Applications submitted 9 monfhs or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meetin9 will be required. $925.00 legal Advertising Fee for CCPC meeting $500,00 legal Advertising Fee for BCC meeting (advertising costs are to be reconciled upon receipt of Invoice from Naples Daily News). $?500.00 Environmental Impact Statement review fee , $1000.00 Listed ar Protected Species survey review fee (when an EIS is not required) Property Owner Notification fees. Property Owner Notifications $1.50 Non-cerfilied; $3.00 Cerfifjed return receipt mail (to be paid ofter receipt of invoice from Dept, of Zoning & Development Review) Attach a Separate Check for Transportation Fees. (Refer to Exhibit AI, o $500.00 Methodology Review Fee, if required *Addltionol Fees to be determined of Methodology Meeting Fee Total $ PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW: Comments should be forwarded to the Planner pnor to the due date SCHOOL DISTRICT ')I( PARKS & REC - Sid Kittila SUPERVISOR OF ELECTIONS City of Naples - Robin Singer y. I DR/EM1 - EMER. MGMT - Jim VDn Rinteln CDES CDordinator - RDute Sheet Only X IMMOKALEE WATER/SEWER DISTRICT Utilities Engineering - Zamira Deltoro" l>( Co~r County - .......- --- - Agenda Item No. 17A June 22, 2010 Page 41 of 137 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 ( PUBLIC PARTICIPATION REQUIREMENTS LDC 10.03.05 F. Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to Section 10.03.05.B.8. Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use chonge and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Zoning Department and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The opplicant must place an odvertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location (. mop of the property for which the zoning change is being requested. The display odvertisement must be one. fourth page, in type no smoller than 12 point ond must be placed within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner thon five (5) doys before, the NIM. The Collier County stoff plonner ossigned to the project must attend the NIM ond sholl serve os the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to oudio or video tape the proceedings of the meeting ond provide a copy to the Zoning Deportment. As 0 result of mondoted meetings with the public, any commitments made by the applicant shall be reduced to writing ond mode 0 port of the record of the proceedings provided to the Zoning Department. These written commitments will be mode 0 part of the stoff report of the County's review ond opproval bodies and made 0 part of the consideration for inclusion in the conditions of approval. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of odoption of the Ordinance, the owner or developer (specify name) at its expense shall record in the Pubiic Records of Collier County a Memorondum of Understonding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property thot is the subject of the. land use petition and contains each and every commitment of the owner or developer specified in the Ordinonce. The Memorandum or Notice shali be in form acceptoble to the County and shall comply with the recording requirements of Chopter 695, FS. A recorded copy of the Memorandum or Notice shall be provided ( to the Collier County Plonned Unit Development Monitoring staff within 15 doys of recording of said Memorandum or Notice. Agenda Item No. 17 A June 22, 2010 Page 42 of 137 MEETING NOTES -:Pt'tl\J~(\L ~oss <:;Or I;-.'~ a, ~i\Chlt ~( ?(,fY1t.l.C.t ~s ora ~"t) r1 t L r.UYl J "r;:I /YU.......;- (.O, f/ Ct. d J. P a...-? Or Y' fA ph.. f un.cLv <;to Wc5VJ r-9.;). LJ fA" J A Pi A_ +r.J.~ .If:;~ a~~~t/o~ ~~I~:~j)~~ r;:o /:~~ ~da) o;trkLn~ ~\( vnrY\P~hcl-Z1 Uu de.,J,lo..\.-c""" \ eu'-.JQ.')W \ 120""L1 G\u, \k) ~-LSfL<v L-\r().c.\~ 'Wlh-- 0 u rlum;~anKS cnQineerin~ 239 939 2523 Agenda Item No. 17 A June 22, 2010 101081200914:15 #15f'j'glloro&lf6137 Co~ Cou.nfJ' - ----- ( COLLIER COUNTY GOVERNMENT ADDRESSING DEPARTMENT WWW.COLU!RGOV.Nlcr 2800 NORTH HORSESHOE DRIVE NAPLES, "LO~DA 34104 (239) 252-2400 FAX (239) 252-5724 PI_complete the folloWing and fax to the Addressing De/)/lrlmenl at 239-262.57'24 or Bubmh In P8/'$on to lhe Addl'e$slng Oellllrtln$nl Bt the above addreSs. ~;:- be Bloned bv Addro....ino CIerSOnMl Drlar 10 l!IJl: aoolioation meetina. OIRaAA &IIDW 3 dhR for am i. Not all Il8ms Will IlPply to every project. kems In bolcI type are reqylred. FOUO NUMBERS MUST BE PROVIDED. Forms older than 6 months Will require ~ddmonal review lInd approval by \he Addressing Department. PETITION TYPE (lnrfk:at8 trpll billow, C<Jmp/ete a separete Addressing Ch&oldls/ fa each PrltltlQl1 type) B BL (Blasting ?ermk) aD (Boet Dock ExtenlllOl'l) CarnlvallCirt:us PermH 8 ow (Conditional Use) EXP (Exc;ava6on Permit) o Fp (Final Plat o LLA (LOlliOll Adjo$tmenl) o pNC (Project Name Change) t:8l PPL (PllIns & Plat Review) o PSI" (Preliminary Subdivision Pial) B PVO Rezone RZ (standard Rem"",) B SOP (Slle Development Plan) SOPA (SOP Amendment) B SOP! (lnsubsl8t\tial Change to SOP) SIP (SHe Irnlll'O'Vement Plan) SIJ>/ (Insubstantial Change to SIP) o SNR (Street Name Change) o SNC (Street Name Change - Unplatted) o TOR (Transfer of Development Rights) o VA (Variance) o VRP (Vegetation Removal Permn) o VRSFP (Vegetation Removal & Site FnI PermJl) o OTHER_ ( LEGAL DESCRIPTION of subject proPerty or properties (copy of lengthy description may be ar/sched) --z.. ~ _ 4- <a _ U IiERITAGEBAYCOMMO~ .,....~e.."" e. ~ \Jo.L~. ~ L....r . FOLIO (P/Operty ID) NUMBER/ll) 01 at>J';;'(i;"';"'; 1r..';;"~'':;:~B;S:wi'lh, /ega;cJ:sori~6cin ~;;'o;;;:r';a'n'o;.;;,J ;c-..... '.~ ." ) 496600815~5 t 4.l- q (." (,,;,0 O'~ 1'70<:; STReET ADDRess or ADDRESSES (a$ appUcable, If already i1S$/gneri) GERVAIS CIRCLE . LOCATION MAP /nuS( be attaohed Showing exact location of project/sita in relation to nearest public road righl. of-way . SURVEY (copy. needed only for unplatted properties) PROPOSED PROJECT NAME (If appllcabla) !:!L6 PROPOSED STREET NAMES (if applicable) .t-IA SITE OCVELOPME:NT PLAN NUMBER (for existing projects/slles only) SOP _' ----. Qr AR #_ ( Ilun.DeHII\!1 tnglr'leering 239 939 2523 Agenda Item No. 17 A June 22, 2010 10/06/2009 14.15 #159~ijll3%Rf137 COLLIER COUNTY GOVERNMeNT ADDRESSING DEPAlU'MENT WWW.COLLlERGOV.NEJ slIZ90UM! 2800 NORTH HORSESHOE ORJVE NAPLES, FLORIDA 34104 (239} 252-2400 FAX (239) 252-5724 Projeel or development names PropoS$d for; or already appearing In, cDndominiurn dor;:vments (if appJicatiDn; indicate whether Proposed or exiSlirl{j) HERITAGE BAY VISTAS P'- Checl< One: I8J Checklist is 10 be Faxed back o Petaonally Picked Up - APPI.lCANT NAME: JENNIFER SHEPPARD-BANKS ENGINEERING PHONE 239-939-5490 FAX 239-939-2523 Slgnal1Jre on Addressing Checklist does not constitute Project and/or Street Name approval and Is subject to further review by the Addressing Department. FOR STAFF USE ONLY., FLN Number (Primary) AfiJ "-I;:. (/)0 % 15 8' 5 FolloNurnber I1f.'1G~Oog/705 Folio Numbar 4--<1 (z, G> Q I:) ~ ( 7 5 0 Falla Humber ApProved by: .!J, /'U'~..J UPdated by; In.6'!.0-IY1 Date: I () - 0 ~ - 09 DaIll: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Agenda Item No. 17A June 22, 2010 Page 45 of 137 /'\~ CoiLle..- Co1<nty ~~"'-"--"M"'--'''''''''-..__,_, . Community Development & Environmental Services ( Receipt Number: Transaction Number: Date Paid: Payment Method: Check Number: Full Amount: Amount Tendered: Overage Amount: Contact: FEES: DescriDtion Pre-application Meeting Cashier Name: Batch Number: murphylinda 530 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT 2009017806 2009.010309 10/22/2009 Check 2589037 $500.00 $500,00 $0.00 LENNAR HOMES INC 10481 BEN C PRT6 ML CYPRS PKWY FORT MYERS , FL 339666460 Reference Number Orioinal Fee Amount Paid GL Account ( PL20090001499 $500.00 $500.00 131.138326.341276 ( Agenda Item No. 17A June 22, 2010 Page 46 of 137 . ;:;/;.... Collier County ---~~"'--- Community Development & Environmental Services r____.__.__.___.__.. _.".__.___ ,.__..._ Receipt Number: Transaction Number: Date Paid: Payment Method: Check Number: Full Amount: Amount Tendered: Overage Amount: Contact: FEES: DescriDtion Pre-application Meeting Cashier Name: Batch Number: murphylinda 530 2800 Horseshoe Drive N. N.ples, FL 34104 239.252-2400 .-....-. .----..-----.----.---, RECEIPT OF PAYMENT 2009017806 2009-010309 10/22/2009 Check 2589037 $500.00 $500.00 $0.00 LENNAR HOMES INC 10481 BEN C PRT6 ML CYPRS PKWY FORT MYERS , FL 339666460 Reference Number Orioinal Fee Amount Paid GL Account PL20090001499 $500.00 $500.00 131-138326-341276 AFFIDAVIT OF COMPLIANCE Agenda Item No. 17 A June 22. 2010 Page 47 of 137 I hereby certify that pursuant to Section 1O.03.05.F.2, of the Collier County Land Development Code, I did give notice by mail to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a PUD amendment, at least 15 days prior to the scheduled April 15, 2010 Neighborhood Information Meeting. The said notice contained the laymen's description of the site property of proposed change and the date, time, .and place of a Neighborhood Information Meeting. Per attached letters and or pr Affidavit of Compliance e a part of this State of Florida County of LEe; The foregoing Affidavit of Mliance was acknowledged before me this '2 '1 day of 01Ai<c..t\- ,2010 by r("USS&LL R 3m l/'1f- , who is personally known to me or who has produced as identification. (Signature OfNOtary~~ Deanna J. Craft (Notary Seal) Printed Name of Notary .......... DEAN"A J CRAFT ,.~~-....r~, ", f, i'.," Q'y.i, Commission # DO 900703 '''i;:~ Expires July 20, 2013 . ~ "';-..-;!,:Yh~' 1loDdr!dThn.iTIO)'FIlnInlcunoo~7Cl1tl.! ~., ... TI rni@~UV~TI r'\ APR 2 ZOlO U l.:::J March 19, 2010 Re: Heritage Bay Planned Unit Development, Vistas Neighborhood: Neighborhood Infonnation Meeting for MinDr PUD Amendment Dear Property Owner: Lennar HDmes, LLC, represented by R.. Bruce Anderson of Roetzel & Andress, L.P ,A. and David Underhill of Banks Engineering, has submitted a formal application to Collier County seeking a minor amendment to the Heritage Bay Planned Unit Development Ordinance (PUD). The PUD Amendment is only applicable to the Vistas at Heritage Bay neighborhood wpJch is located outside the boundaries of the Quarry community and the Heritage Bay Golf and Country CI~b ciimmunity. The Vistas at Heritage Bay neighborhood which is under development is 10caJ;ed inside the Mixed Use Commercial Activity Center boundaries at the northeast corner of Inuriokalee Road and Collier Boulevard/County Road 951. The POO Amendment provides development standards for townhDmes to be constructed within the Vistas neighborhood, including a request for -subdivisiDn design deviations with regard to street width and parking. You are receiving this letter because you"are the owner of record of a parcel located inside the boundaries Dfthe Heritage Bay PUD or within 1000' of the boundaries of the Heritage ~ Bay POO (which consists of four sections of land totaling more than 2500 acres), The specific \ area in the PUD that}s the subject of the application is approximately 26 acres, In compliance with Collier County Land Development Code requirements a Neighborhood InfDrmation Meeting will be held !o explain what the application is for and to give you an opportunity to get an answer to any questions that you might have with regard to the minor PUD amendment. The neighborhood information meeting will be held on April 15, 2010 at 5:30 p,m. at the Clubhouse at Heritage Bay, 10160 Heritage Bay Boulevard, Naples, FL 34120. In the meantime, if YDU have any questions, please fee free to contact either Russell Smith of Lennar Homes, LLC via e-mail at russell.r.smith@lennar,com or by telephone at (239) 872-1210 or Scott Ed~ards of Lennar Homes, LLC via e.mail at scott.edwards@lennar.com or by telephone at (239) 278-11 n o ~(g~O~~ n APR 2 2010 U s, _ fI;;;- ice President C ( 10481 Ben C. FraU I Six Mile Cypress Parkway, Fort Myers, Fl 33912' Phone: 239.278~1199' Fa",: 239~278-0883 LENNAR.COM Gl' IlAllllO ~iill'l NAPLES NEWS MEDIA GROUP ~ Integrlty. Communlly./nnovatlon. '='" ~--~_...._-"""'~~_.~ .............. ...........- _.....~ -..........--- --------~~ ~......- ---- .--...~- _ .~A... __ __. ..lI' ___ S\ulkSS BIW G D 04/01/10 - 04/ 10TALAM "U 5.40 1/10 ROETZEL 0lJNT 310 132 Agenda Item No. 17A N " , & ANDRBSS 1 F \1\ Net 10 Days Pi ,ONE 239-262-3161 FAX 239.263-4703 ADVERTISING INVOICE and STATEMENT r...WOICEm.............1iiBIWNG DATE R r BIl1.ED AOCOUNT NUMBER r ADVERTlSERIaJENT NUMBER I - REMITTANCE AODRESS . BUED ACCOUNT NAME AND AODRESS 1..11.,1..1..,11I1..."11...11..1,1,1..1,1,..1,11,, ROETZEL & ANDRBSS / NAPLES 850 PARK SHORE DR #300 NAPLES FL 34103-3587 1.1..1.1.1...1.1.11.",11.11..,1...11.1,.11..,,1..1 NAPLES DAILY NEWS P. O. BOX 630790 CINCINNATI, OR 45263-0790 000310913200001265403 _REFERENCE 04/01 231175481 an 04/01 NET AMOUNT 1,265.40 STATEMENT OF ACCOUNT AGING OF PAST DUE AMOUNTS ~ W 00 ~ ollection costs ncurred on un ai balances will DAYS PU NT M10UNT E ~.~ NE239'262-3161 :::;;'I~ Collier County Publishing LLC 1100 ImmokaJee Road FAX 239.263-4703 I Naples. Florrde 34110 FED 10# 59-0578327 AOVamSER INFORMATION 8IUID ACCOUNr MMlER AOII'!!TISER 1 CUENT ~M6ER E. W. SCRIPPS NEVVSPAPeRS INVOICE NUMBER 'UNAPI'UEll AMOUNTS ARE INClUDED IN TOTAL AMOUNT DO! ADVERTISER J CUENT NAME DETZEL & ANDRBSS / fIM\O~/lr,'I2O'J Agenda Item No. 17A June 22, 2010 Page 50 of 137 NAPLESIBONITA DAD..Y NEWS Published Daily Naples, FL 341 02 . NEIGHBORHOOD INFORMATION MEETING The public is Invited to attend a neighborhood Information meeting !leld by Lennar t;omes, LLC, represented by R. Bruce Anderson of Roetiel and Andress,:L.PA and David Underhill of Banks Engineering orr. '" '., . iiiUr!\daYi Aprll15r 2010; 5:30 p.m. .: CI12bhouse at Heritage Bay ,': 10160Herita~l3ay'Boulevan:l; Naples, FL 34120 ,. ," ., "','. . Affidavit of Publi1 State of Florida County of Collier . . , . . Befu~theund~ed.theyserve~ l.e,nci~'~6mes;'u.c h~.filedan Application for Public Hearing for a appeared th ~ Lewf'"ili WNhO ol~ ~,., minor amendm~ to the Heritage Bay Planned Unit Development to . servesas. TO e ap -'" (. vide f .' d ....:.- -"'" standard . I d" . . published at Naples, in Collier CQ1l!Pro .: or. ~v~pm"'.l\.... ' . s, Jnc U Ing. a request for SUbdIVI- in Collier and Lee counties ofF1oril!j l!1~ d~Ign.. de"9ilitlol1s.\.YlIh regard to slr!let Width and roads, for the of the advertising, being. ..~aS at ~~a~.nelgh~rhoOd which consists of approximately , ~~o/':"slX~~res In th~ Mixed Use Commercial Actlyity Center at PUBUC NOTICE :. 1I1e' nl;lrlh~ 'cOf/lsr of h:nmokalee Road and Collier Boulevard (CR inthematterofPUBUCNOl'ICE' 951),'. " '. .... .' . A1lialll1Urlh.. says lhar the llllid Nlplos 0aiJ. pIlblisbod at Napla;, in said Collier Count)'. F. ._buh.....,__OOJltilluotlS!yJ Count)', Florida: disttlbmcd ill Colli.. and Lei each day IlDdbu '-' cnl<red as _ clas! offiee in Nlplos,in saidColli",CoImly,l'lor year ."" pROCdiog the fiM publicsti.. 0 adv__~ 1InIlallian11Urlh"''''Y'thatr promised any person, fhm or corporation commission or refund for the pwpose of &eCUJ m.m~~\ ( Signature of affiant) .. 1_""_0:..,_ was published in said oewapaper 00 April I, 2010' "\ " ~ ~ '.. iii 27-~e-a" ::j --"""'"\ II , ee",,;,:::,:-c;... ~5.4e..<?" Sworn to BOd subscnbed before me This 7th day of April, 2010 f SECT!ON'23, 'TOWNsHIP 48 SOUTH, RANGE 26 EASt COWER COUNTY, Fl WE VALUE YOUR INPUT Busine~s 'and property owners and residents are welcome to attend the presentation. aild discuss the project with the owner's representa- . tives and C,oIiler County ~aff. If you are unable to attend this meeting, bUt have questjons or comments, they can be directiKIto: Kay Deselem; AtOP ." . . Collier CoUi'lty Principal Planner' '.; . ,':":; '7'.... " . . Qomml,lnlty., D.evelopmen~ &Envrroi1m~~~. ~PiT'lniSlratlon 2800 North H~rseshoe'Drlve' '. . ". .... .}, '. . ' . N~pl~, fL;M'104 '. "~" ..... (2~) 252-2931 . . , Kaybeselem@colliergov;r'1et, I . j No. ~;1754A1 . hHii,iNr,:..., ... Agenda Item No. 17A June 22, 2010 Page 51 of 137 NAPLESIBONlTA DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Phil Lewis. who on oath says that he serves as the Editor of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier end Lee counties of Florida; that the attached copy of the advertising, being a PUBUC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper on April 1,2010 ' ] time in the issue Affiant Nnba- says that the saic! Naples: Daily News iro a Dcwspaptr puhlilbcd at Naples. in Bllid Colli... County, Florida, and dlIn!he oaid n_ hash"-_ ClO1ltinuow;lypllh!illu:d in BllidCoru... County, Florida; distnbated in Colli... and Leo _ ofPlorida, ""'h day and has _ "'Uftd as second class mall matter at lb. post office in Napl... in said Colli... Cou:rty. Florida, for I p",;od of I year next preceding lb. :fim publicatioo of 1b'lllIohcd copy of advertisement; BUd affiant fimhcr says that he bas neither paid nor promised illY P'''''''' firm or corporm;"" any diSCOllllt, _Ie. commission or refund for the pwpose of securing this adverti6ement for n:r~N\ ( SigDll11lrc of affiant) Sworn to and suhscnbed before me This 7th day of Apnl, 20 I 0 ~. (Signature of notary public) SIGN POSTING INSTRUCTIONS Agenda Item No. 17A June 22, 2010 Page 52 of 137 (Section 10.03.00, COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) "zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fIfteen (15) calendar days in adyance of the fIrst public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supercede any requirement of the LDC. For specifIc sign requirements, please refer to Section 10.03.00 of the LDC. I. The sign(s) must be erected in full view of the public, not more than fIve (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely afflXed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure, The sign may not be afflXed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a fmal decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDA VIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORETHEUNDERSIGNEDAUTHORITY,PERSONALLY APPEARED \..1 8V~II=ee. M. 5ff~PAeO iHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03,00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PL~OO"l -lyqg 1051/ SIX Mt'Le., ~preS5 p~ STREET OR P.O. BO JennlW tv(. ShepP/lJ1L NAME (TYPED OR PRINTED) FL l\I\ ~ t% / Pi- cn ,STATE ZIP 33CHe>0 ?,tJ.b~ ! STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this ..:Jt11f">f'h.r ~~ personally known to me or who produced and who did/did not take an oath, 1(, 2..0/0 day of~,~. by as identification ......................."'................."" ! CHRISTINE WIl.LOUGH8Y I !. ColnmIllOOll58342 i i ~ . EllI*M 811/2010 i !" _NalaryAssn..1nc : ................................................ !!-1vt'.5-h^,--- MI/()u~1,6t4 Printed Name of Notary Public ...J My Commission Expires: (Stamp with serial number) F:\slgns, review and request letters\posting of signslAFF1DAVIT AND SIGN POSTING INSTRUCTIONS 5-2-05,doc Co~~r County - ~-- - Agenda Item No. 17A AGENDAfrM4>SB2010 . Page;5:r of 137 STAFF REPORT TO: FROM: COLLIER COUNTY PLANNING COMMISSION DEPARTMENT OF ENGINEERlNG, ENVIRONMENTAL, COMPREHENSIVE PLANNING AND ZONING SERVICES COMMUNITY DEVELOPMENT & ENVIRONMENT AI. SERVICES DIVISION HEARING DATE: MAY 6, 2010 SUBJECT: PUDA-PL2009-1499; HERiTAGE BAY POO PROPERTY OWNER/AGENTS: Owner: Lennar Homes, LLC 10481 Six Mike Cypress Parkway Fort Myers, FL 33966 Agents: Mr. David R. Underhill, Jr. Banks Engineering 10511 Six Mile Cypress Pkwy Ft. Myers, FL 33966 Mr. R. Bruce Anderson, Esquire Roetzel & Andress 850 Park Shore Drive Trianon Centre, 3rd floor Naples, FL 34103 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider a minor amendment to the Heritage Bay Planned Unit Development (POO) to revise the property development regulations for the portion of the project known as Heritage Bay Vistas. The applicant is also proposing the following changes to allow the townhouse configuration: 1. To add deviations from the land Development Code (LDC) Sections 6.06.01.B and 6.06.01.01(0) regarding standard road section and road width 2. To add a deviation from LDC Section 4.05.02,F to a11Dw back out parking; 3. To add deviations from LDC Sections 4.05.02.1, and 4.05.03 regarding same-lot parking facilities to allow parking within easements dedicated to all residents; 4. To add Exhibit A-I to show the proposed layout; 5. To add Exhibit A-2 to reflect the area wherein the amendment is effective. Heritage Bay PUD; PUDA-PL2009-1499 May 6,2010 CCPC Rev 4/19110 Page 1 of 15 GEOGRAPmC LOCATION: Agenda Item No. 17A June 22, 2010 Page 54 of 137 The subject 2,5621: acres (the entire Heritage Bay PUD) is located on the north side of Immokalee Road (SR 846) east of Collier Boulevard (CR 951), in Sections 13,14,23, and 24, Township 48 South, Range 26 East, Collier County, Florida. (See illustration on the following page). PURPOSE/DESCRIPTION OF PROJECT: The subject 25.6:r-acre tract was part of the original rezone from Agricultural (A) to PUD with the adoption of Ordinance No.03-40. The subject property is also part of the Heritage Bay DRl, which is governed by Resolution No. 03-255 (DRl Development Order No. 03-01). This project is approved for a total of 3,450 residential units (to include single- and multi-family unit types) plus up to 200 Assisted Living Facility units, 54 holes of golf, three "Village Centers" totaling approximately 26 acres within the residential portions of the project. The Village Centers may include a maximum Df 10,000 square feet of retail uses, 10,000 square feet of restaurant uses, 5,000 square feet of marina related retail uses and 5,000 square feet of office uses. Also approved are a maximum of 150,000 square feet of retail uses and 50,000 square feet of office uses within an Activity Center. The project also contains a minimum of 863 acres of Conservation and Preserve Areas. As noted the total project size is 2,5621: acres. The petitioner explains the proposed minor amendment to Ordinance Number 03-255 in the Narrative Statement of the application and quoted in part below: The application is being submitted to add land use regulations for the same as existing constructed dwelling units within the R3/AC land use area within the Heritage Bay PUD. The amendment is necessary to facilitate the sale of affordable housing units by changing the form of ownership from condominium to platted lots. Lending institutions have increased financing requirements for purchasers of condominium units. The R3/AC area is 25.646 acres in size and is located in the SW corner of the PUD. This tract is partially developed as affordable housing, with 64 units completed and 20 additional units under construction. No changes to any other portions of the Heritage Bay PUD are proposed Land Use regulations are provided for Townhouse and Single Family Attached units to allow the tract to be platted and sold fee simple instead of sold as condominiums, The land use regulations and deviations have been developed to allow the remaining units to be platted and be constructed consistent with the completed units, It should be noted that for a minor amendment, staff only reviews the proposed change and not the entire PUD document for consistency and compatibility with the Growth Management Plan (GMP) and the Land Development Code (LDC). SURROUNDING LAND USE AND WNING FOR THE AMENDMENT AREA ONLY: North: A 54:r-acre undeveloped tract that is designated as Preserve (P) on the PUD Master Plan East: Portions of the golf course within The Quarry subdivision that are designated Recreation, Open Space, Buffers, Golf Course and Lake (RO) on the Heritage Bay PUD Master Plan Heritage Bay PUD; PUDA.PL2009-1499 May 6, 2010 CCPC Rev 4/19/10 Page 2 of 15 ! ~ ~ . . "--, " / , - .' '( " . 1 . ~ CL '" . I, <( , . ~ ~ ; . . (!) Z - . Z 0 N :; . '" '" . ;!: n '" . 8 N , ...J. 0.' ., :nQ$<lL!0If / I- ~ - ::l 0. .. , , ZI I, , 0, " ~i . ~i , ....z . . " .,~~ 00 I w- I ,!< 00 ::g ! I CL ", " "ii I <( ~ ).lNnO:J 33l ! ! Z I " -. 0 . -, " . I' . - I ~ I- g ., , <( I~ I () ". . !i. "~i 0 I -1 0Vl<~1BI~ >- IOM--lI';If .... ; z co i 0 t 0 I u D I . . 0, " .' w I w -' I- ~ , . ! lJ~::: !E" "IS! ~+! ~" :=ril:' ,,~ u~ oz zw -" IO UZ ~w ~" I~ . < . ;; " ..0.:::.:.... Ld 7' L.LJ L..--L <:" '-. <l ~ J . - .f fll I- Z ,. W ~ ~ i- w. ~ ~; ~ c" , ~ Ii: i-II ! ~ ~ II "'= UJ ~ II ~ Of :::; Ii '" , ~ II II i " , r t . ""'~ ~ . .H; ~t ~w;_ ..! .~2;= E-;a! ~ - !I\'1.~ ~"' 1""1" < I' ., i!:~5t. i iH'i! II ! ~f~g ...l ~ ~ ~~ ~~~~~ ~HJ! m. ! i iC:'\ .' " \.)I,-.~" ~+:I 3 o , < "w "" <. 8;::; ~,~ <0 "~ , ; , ~ Q. U .. '" i" ",. . ~~ 3 i "'. , I~ >~ 8 il 'i>g B ";:\.11 l.&J:i!1 '"' S i << . !:: i-, .. , OJ '" II .1 'j ! E ... . j= ii;:_ ...! ~,f! 5.tF~ ',;1;,,!, Ii ~r~t~ ~ J lhiU! Ii Iii I -, l ! u; t~ ...J t ~. ~ ~ :i~i ~/!I' lZ:Ii (S) ~ l f;;) ~+ I 'I I, j , .- c; . ~~ ~I~ :Sif << '-'. .' ,!~'.'. < . ~ ~ ti~ ~~., ~g~. :8~ , " ~ ~'.'" 0; ;''-, 1",'-",... I' " ~~ "~, Sl~ I~ ~.I j! ~~ .d / g / tJ~ ~~ ~~> !i;~ ~8~ !li~ :e~ ~~ ( /~ I rT' ~~ ,.'. :::0~ --~~, 1N/JQ .(1'0' .~lfl"rI3S .~ , -co ....... ? o i . . i . \l~ ti~ ;:';1<... ~-~ ~~. ~ .' ~...o.. \1 . ~ t' i, ~! . C ~ I Ii 'I! ,/ .' . I' I lq , I - L . " i ) i ~, ' , ': rl ~ i~:1 L I:; I :,~ HI' . I' 'I'! 11' :: ~i 1 t \ lji ,J '~id i!~! ~ ;;j ~: "~H~I! II ~,;~t! ~~ ;;~: t~ 8~: _ , ,@ .' I Hil1 ~~~, il .,;;1 . l nw "4 iij-E1t 'Ii . . 1 0- ~ ,~ ! 5.; IIi I !~ en. ~~ i i ~ ~~ 'IO! .>~- ~>- p: .< ",.Il LiJ ~ ~ I ~4>( ,.. 0:: I' <oJ :x: ~! .1 ii . 1 I. .' I~ . ,,~ j;;;;... ~Il ~ , ~ f:" ; , .. = .J:!~!& , l~'-'. - :fill i~::~ 'I'l' ! I ~"=~J.' 'll,H~tS t !!li~'i ...,.! ~ ~~ I (I! . ! ~ I'. " , i j- ., ! U' -l ~ 'e ...J ~ ~: f-;; ~ ~ tJ;; H ~; ,- ~~ F , Agenda Item No. 17 A June 22, 2010 South: Bellaire Bay Drive, then the mostly undeveloped 24:1: acre tract (a CVS DrCtq,ttoi% of 137 occupies a 2:1:acre tract at the comer of Broken Back Road and Immokalee Road) designated Activity Center, Commercial (AC) West: Bellaire Bay Drive, then an undeveloped 8:1:acre tract that is designated General Government, Utilities, EMS, Fire & Sheriff Substation (GOY) on the Heritage Bay Master Plan ^',; "':"30 c-Z ,0;< :::> S:!(; 0'- -i..Jj :":>Ul <c::: :::> ZS ... '-------, .1K ::![~Ca.N I,,;'J~~ E:IJTR:"N: "'::.RG!J~;0N GOLF =~N't:R Heritage Bay PUD; PUDA-PL2009.1499 May 6, 2010 CCPC Rev 4/19/1 0 Page 3 of 15 Agenda Item No. 17A June 22, 2010 Page 60 of 137 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): Section 23, where the subject tract for this amendment lies, is within the boundaries of Heritage Bay and is designated Urban Mixed Use District, Urban Residential Sub-district, with a majority located within a Residential Density Band, with a portion located within Activity Center #3 and is also within the Urban Rural Fringe Transition Zone Overlay. Further sUlTounded by Sections 13, 14 and 24 designated Receiving Lands, within the Urban Rural Fringe Transition Zone Overlay of Heritage Bay. This amendment proposes no increases in density and/or intensity; no change to the list of approved uses is proposed; the amount and configuration of open space will remain the same; and the availability of improvements and facilities will not change if this amendment is approved. Therefore, staff concludes that the proposed amendment to the Heritage Bay PUD may be deemed consistent with the Future Land Use Element and Future Land Use Map. Transportation Element: Transportation staff has reviewed the proposed amendment for consistency with the Transportation Element of the GMP and recommends that this petition be found consistent with Policy 5.1 of the GMP Transportation Element. Conservation and Coastal Management Element (CCME): Environmental staff has evaluated the proposed PUD amendment. An Environmental Impact Statement (EIS) was not required for this petition. The changes proposed in this amendment do not affect any environmental regulations. This petition was deemed consistent with the GMP in the review of the PUD rezone; that analysis remains germane. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed PUD amendment. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A fmding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed amendment is consistent with the GMP Transportation Element as previously discussed. Therefore, staff recommends that the petition be found consistent with the overall GMP. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 1O.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.03.05.1, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their recommendatiDn to the Board of County Commissioners (BCC), who in turn use the criteria to support its action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the following analyses: Heritage Bay PUD; PUDA-Pl2009-1499 May 6,2010 CCPC Rev 4/19/10 Page 4 of 15 Agenda Item No. 17A June 22. 2010 E . I R' E' tal S' taffhas . ed th .. d .J'aQa6.:l.0f137 nVlronmenta eVlew: nVlfonmen emces s revIew e petition an we l"VlJ documents to address any environmental concerns. This petition was not required tD submit an EIS nor was a hearing before the Environmental Advisory Commission (EAC) required pursuant to LDC section 10.02.02 2 (a) (b) (c). The petition does not propose any changes that affect environmental regulations, thus Environmental Services staff recommends approval. Transportation Review: Transportation Department Staff has reviewed the petition and has not voiced any opposition or provided any comments. Utility Review: The Utilities Department Staff has reviewed the petition and notes the following comments: The Utilities Department has no objection to this amendment. No changes are proposed that would impact the utilities provision; no additional utilities are required nor are there changes proposed within this application. Enf!ineerinVWater Manaf!ement: The Collier County Engineering staff has not objected to the proposed minor amendment. Affordable Housinf! Review: The Housing & Human Services staff has reviewed this petition because the proposed amendment affects the affordable housing area of the project. The petitiDner does not propose to increase or decrease the number of affordable housing units; the only changes are to the property development regulations fDr the already approved units. Housing staff offered the following comment: Staff has reviewed the proposed change and has no objection. Staff supports the developer's request as it will ultimately make persons interested in purchasing affordable housing more likely to obtain the required first mortgage financing. Zoninf! Review: Staff evaluated the amendment proposing changes to the development standards. Below is an excerpt from Ordinance #03-40 which the petitioner seeks to supplement with a new table of development standards that would only be applicable to residential development within the AC/R3 district which is entirely within the Activity Center at Heritage Bay. This new table, to be identified as Table 2A, will supplement Table 2 that regulates development of the uses within the R2, R3 and R4 Residential Districts. Those Development Standards are contained on page 3-6 of the PUD document as shown on the following page. The petitioner wishes to add specific development standards to only apply to the area identified as "AC/R3" on the Master Plan and in Section 2.24 of the PUD dDcument addressing affordable housing. Currently the PUD document does not contain property develDpment regulations for the affordable housing units. Up to this point, residential development within the AC/R3 area on the Master Plan has been constructed using the R3 criteria. Now because of economic constraints imposed by financial institutions, the developer wishes to change the property development regulations so the units can be sold as "stand alone" units rather than condominiurn units. The footnotes already approved in Ordinance #03-40 for the R3 area will be adopted as part Df the proposed AC/R3 table. The footnotes are included in the draft ordinance however. See next page for the Table that is to be added: Heritage Bay PUD; PUDA.PL2009-1499 May 6, 2010 CCPC Rev 4/19/10 Page 5 of 15 Agenda Item No 17 A June 22, 2010 Page 62 of 137 3-6 TABLE 2 DEVELOPMENT STANDARDS FOR "R:!", "RZ" AND "R4" RESIDENTIAL DISTRICTS StNGlE SINGLE MULTI FAMllYDVVELUNGS F'AI"lILV ZERO LOT UNE DUPLEX FAMilY -- DETACHED AITACHED & LOW.Rise Mid-Rise TOWNHOUSE MirWnum lot.o\l'04I 5.000 aq,fl 3.500 sq" 3,500 aqft 2.ooosq,ft. 10,000 aq.lI. 10.000aqft. Mlflir1'UnLolWadth' SOft 30k 35ft. 20. 'OOft 100ft. M....Ave~ Site Depth' 100ft 100ft. 100ft. 40. '20a 120ft. _& 20ft 20ft ..ft 15ft, ,.. 20ft ......."'Y Frtlr\tYard Garage F,ontfSide 23ft.110ft. 23ft/10ft 23 ft.110 II 23ftJl0ft mllT:'O' SetbacK"? ~"Y - " Ga<..... Cal'potIon nt. nt. Oft. M Oft.. Oft. PaItlmgLol Ac:ce.swa~ ReerYanl Pnnopal 'Oft .Oft '0' 10ft '0. 20ft. ....... .. , ~ .. ... .ft. sa. '0. 10ft. OtlOnt" tOlloll\er.lde Sido Yard Setbac:a OR ,,,"" ".... ....... Pnncipal & AccessOty 6. 3'~,. one Wet 6ft 0"0,7%" 8ullcmg 2_,7"0.1112 6'.1'"othBf"Slde He<ghl lieight OR 511 on both lIidet ! Pre'Rrve [P- 25ft. ... 2Sft. ..ft 25ft. 2.ft. ( Sl!'Ibac* --1A_ 10' 10ft. tOft. 10ft 10' 10. Malamum HeIg/'C) 35ft 35ft, 35ft. 3.ft. 65. 10011.. Diatanc:e BeMeen I 10 It. 10ft. nt. 10ft Y..IheSurnafthe8ullding I PrineipalSlfuc:lunn - II Minimum Floor Area I 1.000... 900 aq ft. SOOIlQ fl. 7SO sq ft. """ ft I 750sqfl: Excerpt from Ordinance #03-40 Heritage Bay PUD; PUDA-PI.2009-1499 May 6, 2010 CCPC Rev 4/19110 Page 6 of 15 Agenda Item No. 17 A June 22. 2010 Page 63 of 137 TABLE 2A DEVELOPMENT STANDARDS FOR AC/R3 RESIDENTIAL DISTRICT SINGLE MULTI FAMILY FAMILY DWELLINGS ATTACHED & Low-Rise TOWNHOUSE Minimum Lot Area 600 sq. II. 10,000 sq, II. Minimum Lot Width' 1311. 100ft. Min. Average Site Depth' 2011. 12011. Accessory/Principal 00./0 II, 15ft. Garage Front/Side 2311./1011. 23 f1.l10 II. Front Yard Entry Setback 1.7, 12 Garage or Carport on Parking Lot N/A Oft. Accessway Rear Yard Principal Oft. 10 II, Setback,,7 Accessory2,10,11,12 Oft. 10ft. Side Yard Setback o ft. or 7Y, ft. Y, the Building Principal & Accessory'A7,.,1.,l1,12 Height Preserve Principal 25 ft. 25 ft. Setback Accessory 10 ft. 10 ft. Maximum Height' 35ft. 65ft. Distance Between Principal Structures 10ft. Y, the Sum of the Building Heights Minimum Floor Area 750 sq. II. 750 sq. ft. Petitioner's proposed Property Development Table Staff is of the opinion that since the residential use will not change and the actual appearance of the buildings will not change, the residential use is still cDmpatible with the surrounding area and this project can be deemed consistent with GMP FLUE Policy 5.4 regardless of the change in the property development regulations because the changes are only to allow the developer to respond to financial constraints, not projected building design changes. PUD Findinl!s: LDC Subsection IO.02.13.B.5 states that, "In support of its recommendation, the Planning Commission shall make findings as tD the PUD Master Plan's compliance with the following criteria"(LDC requirements are shown in italicized text and those are followed by staff's analysis shown in bold text): Heritage Bay PUD: PUDA-PL2009-1499 May 6,2010 CCPC Rev 4/19/10 Page 7 of 15 Agenda Item No. 17A June 22, 2010 Page 64 of 137 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. The type and pattern of development have already been reviewed and found compliant with aU applicable LDC and GMP regulations. This amendment will not change the pattern of development. Furthermore, this project, as it is already developing and as it develops further, will be required to comply with aU county regulations regarding drainage, sewer, water and other utilities pursuant to Section 6.02.00 Adequate Public Facilities of the LDC. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with this PUD amendment application provided satisfactory evidence of unified control of the subject AC/R3 tract. In addition, those portions of the existing ordinance not struck thru as part of this amendment 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, andpolicies of the Growth Management Plan (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 external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements, The appropriateness of the ~ within this project was reviewed in prior rezoning actions; no changes to the uses are proposed as part of this amendment. The landscaping and buffering requirements were already reviewed and approved during the rezoning process as well. The property development regulations are being revised as part of this proposed PUD amendment, thus staff evaluated the "location of improvements." Staff believes the limitation offered by the petitioner that restricts the effective area for the amendment to the AC/R3 tract (Heritage Bay Vistas) as shown on the attachment to the draft ordinance will ensure that all other portions of the project will be developed in compliance with the regulations already in effect as part of the currently approved PUD ordinance and no other entities should be negatively impacted thus maintaining the project's internal and external compatibility. Heritage Bay PUD; PUDA.PL2009-1499 May 6,2010 CCPC Rev 4/19/10 Page 8 of 15 , 0 o. o I I i''.''H':1(I'nerli f I~lt ;'(t --, JJ,I/;.f --~.,~> "i' !J "- ""~ ,I I!\;\> ~~-' r I .~ ,"~,' .~. <~/'; ~",;'I''t (: ,i., i '.'~"'> l~~/.y/;:;;~M;';~"/ (" ill ,., i".<.'~':p.;';'-,: ~".'"~\.". - ('--------'^ i ~~'. ~. _u~___ j~~~~,., ""'~,. ... i J!"'..t..;.:~:'!h.. ;'.....;.:.'.';~......, .'"'G~~~'~..~~~/~. ~;~1.'.' .""~"'-"<;~' '''~.$ \~ .~,'.""'~~.~'.-'-J #.0 !YNV':"'..- ~"j_m~ "....!,,,,""l"l' ~. ~'" ' """U..t' ~",4 ,~. -"=- ' \ of , L_~_'~..J ~-" I -'~~~~-). ) ....6. . 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this approved PUD meets the minimum requirement of the LDC. The proposed minor amendment will not change the amount of open space. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements andfacilities, both public and private, Since the project is currently being developed, the timing or sequence of development in light of concurrency requirements does not appear to be a significant problem for this amendment. In addition the project's development must be in compliance with applicable concurrency management regulations when development approvals are sought. 7, The ability of the subject property and of surrounding areas to accommodate expansion. Please refer to PUD finding number 6 above. 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, This criterion essentially requires an evaluation of the extent to which deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Several deviations are being sought in conjunction with this amendment and the evaluation of those deviations is addressed in a separate section of this report. Rezone Findinl!s: 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 CDmmissioners.. . shall ShDW that the planning commission has studied and cDnsidered proposed change in relation to the following when applicable." (LDC requirements are shown in italicized text and those are followed by staff's analysis shown in bold text): Heritage Bay PUD; PUDA.Pl2009-1499 May 6, 2010 eepe Rev 4/19/10 Page 9 of 15 Agenda Item No. 17A June 22, 2010 Page 66 of 137 ], Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. As noted in the GMP Consistency portion of this report, the proposed development standards revision would not affect the project's prior consistency f'mding. The project remains consistent with the goals and objectives of the FLUE and the applicable portions the Transportation Element and the CCME. Therefore staff recommends that this petition be deemed consistent with the GMP. 2, The existing land use pattern; As described in the "Surrounding Land Use and Zoning" portion of this report, the neighborhood's existing land use pattern is characterized by residentially zoned and used lands in all directions and on all sides. No change in uses is proposed as part of this amendment. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD amendment would not create an isolated zoning district because no change is proposed to the boundaries of the subject property of this already zoned PUD property. Full consideration was given to this issue during the previous rezoning action. This amendment action is only to change the property development regulations. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposedfor change. As shown on the zoning map included at the beginning of this report, the existing district boundaries are logically drawn and as noted previously, no changes to zoning boundaries are proposed as part of this amendment. The PUD zoning boundaries follow the property ownership boundaries. The location map on page two of the staff report illustrates the perimeter of the outer boundary of the subject parcel. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The original rezoning was approved on July 9, 2003. The current economic situation is affecting this and many other developers' ability to gain financing approval for potential buyers; the petitioner proposes this amendment to respond to what he views as a way to arrange necessary f'mancing. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Please refer to the discussion under Rezone Finding number 4. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because Heritage Bay PUD; PUDA.PL2009-1499 Page 10 of 15 May 6,2010 eepe Rev 4/19/10 Agenda Item No, 17 A June 22, 2010 if k I ' t d if h' I if.fi' I d' . . Paoe.67 of 137 o pea vo umes or proJec e types 0 ve ICU ar tra IC, mc u mg actIvIty aurmg construction phases of the development, or otherwise affect public safety. This POO amendment does not increase the size or intensity of the currently approved POO. In addition, development of the subject property is consistent with provisions of the Transportation Element of the GMP. Therefore, this project should not create types of traffic deemed incompatible with surrounding land uses and it should not affect the public safety. 8. Whether the proposed change will create a drainage problem; Storm water management was addressed in the previous rezone process. The proposed development should not create drainage or surface water problems because the LDC specifically addresses prerequisite development standards as part of the local development order process that are designed to rednce the risk of flooding on nearby properties. Any proposed water management and drainage system will need to be designed to prevent drainage problems on site and be compatible with the adjacent water management systems. Additionally, the LDC and GMP have regulations in place that will ensure review for drainage on new or on-going developments. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; The proposed amendment will not reduce light and air to adjacent areas outside the POO or to other properties within the POO. Furthermore, the POO document provides adequate property development regulations to ensure light and air should not be seriously reduced to adjacent areas. The currently adopted Master Plan further demonstrates that the locations of preserve and open space areas should further ensure light and air should not be seriously reduced to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; Staff is of the opinion that the proposed minor amendment will not adversely affect property values. However, this is a subjective determination based upon anticipated results which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself mayor may not affect values, since value determination is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The basic premise underlying all of the development standards in the LDC is that sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed POO amendment should not be a deterrent to the improvement of adjacent properties. 12, Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Heritage Bay PUD; PUDA.PL2009-1499 May 6, 2010 CCPC Rev 4/19/10 Page 11 of 15 Agenda Item No. 17A June 22, 2010 The development complies with the GMP, which is a public policy stft%\We~~of 137 supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed amendment does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property has been partially developed with the existing property development regulations; however as noted previously; the petitioner is seeking this amendment in order to respond to the changing fmancial scene. LDC Section 2.03.06 which sets forth the purpose and intent of Plan Unit Development Districts says in part: It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control. PUDs. . . . may depart from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest , . , , Staff believes the proposed amendment meets the intent of the PUD district and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The PUD document and the allowable development was found consistent with the GMP subdistrict requirements when the rezoning was originally approved; no changes are proposed as part of this amendment that would jeopardize that fmding. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban-designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. This criterion is not applicable to this amendment as the uses have already been approved and no changes to those uses are proposed as part of this 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. Heritage Bay PUD; PUDA-PL2009.1499 May 6, 2010 CCPC Rev 4/19/10 Page 12 of 15 Agenda Item No. 17A June 22, 2010 This site has already heen altered and partiaUy developed in compliance ,ftfiett~of 137 applicable LDC requirements, and further there is no "proposed zoning classification" as noted above. The zoning to POO was previously approved; only an amendment is being considered. Therefore, this criterion is not applicable to this petition. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended, The project will have to meet aU applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities and the project will need to 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 amendment process and those staff persons have 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. Deviation Discussion: The petitioner is seeking three deviations from the requirements of the LDC. The deviations are listed in draft ordinance on page 3 of 4. These deviations are being sought to address the LDC issues that arise with the proposed change in property development regulations. The buildings were constructed in compliance with the LDC rules for multi-family structures; the deviations are now required because the petitiDner wishes to convert ownership from multi-family condominiums to fee simple ownership. The changes are Dnly "paper changes" that will accommodate the fee simple ownership and therefore the deviations being sought are only "paper modification" to the regulations. There will be NO change in the buildings that are constructed and any future buildings will look similar to those that are already constructed. Deviation #1 seeks relief from LDC Section 6.06.0I.B and 6.06.01.0 that requires compliance with the standard road section in Appendix B of the LDC to allow a 75-foot wide right-of-way with on street parking. Deviation # 2 seeks relief from LDC Section 4,05,02.F which states no motor vehicle shall have to back onto any street from an off-street parking facility. Deviation # 3 seeks relief from Sections 4.05.02.1 and 4.05.03, which require all off-street parking facilities to be located on the same lot they serve to allow the parking for the project to be located within parking easements dedicated to all residents, Petitioners' Rationale and Staff Analysis: The petitioner provided the following justification: The proposed street cross section has been approved through the SDP process and fully constructed. The street is a private roadway that is internal to the Heritage Bay Vistas residential project and does not provide any circulation for the overall Heritage Bay development. The street design provides a safe access for the residential units and includes parking and sidewalks adjacent to all the units. This deviation is only needed since platting the project is planned and Heritage Bay PUD; PUDA-Pl2009-1499 May 6, 2010 CCPC Rev 4/19/10 Page 13 ot 15 Agenda Item No. 17A June 22, 2010 the roadway must be classified as a street to provide the necessary frontage to the plamfe'Mlfot~. of 137 No modifications to the SDP approved accessway and parking is proposed. Recommendation: Staff believes the alternatives proposed in these deviations will be adequate. Zonilll! and Land Development Review staff recommends APPROVAL of the deviations. finding that. in compliance with LDC Section 1O.02.13.A.3. the petitioner has demonstrated that "the elements mav be waived without a detrimental effect on the health. safety and welfare of the community." and LDC Section 10.02.13.B.5.h. the petitioner has demonstrated that the deviations are "justified as meetinl! public purposes to a degree at least eauivalent to literal application of such rel!Ulations." ENVIRONMENTAL ADVISORY COUNCIL fEAC) RECOMMENDATION: This petition did not trigger the need fDr a hearing before the EAC because no environmental issues are being amended. NEIGHBORHOOD INFORMATION MEETING (NIM): The meeting was duly noticed by the applicant and held on April 15, 2010, at 5:30 p.m. at the Heritage Bay Clubhouse. Approximately seven members of the public attended, as well as the applicant's team, and County staff. Members of the applicant's team explained that the proposed minor PUD Amendment would allow the developer to convert the townhouse unit type ownership style from condominiwn to that of single-family attached homes on platted lots. The agent explained that this change is being sought because lenders are now requiring a higher percentage of condominiwn units to be sold before the lenders will loan money for construction of the condominiwns. The applicant stressed that the type of units to be allowed as a result of the PUD Amendment would look the same as the units that already have been CDnstructed in the 26-acre Vistas of Heritage Bay neighborhood. The applicant explained where the 26-acre neighborhood is located using aerial photos of the site in response to questions from the audience. The applicant stated that the Vistas neighborhood provides for workforce housing as required in the PUD. One audience member questioned if the project was Section 8 rental housing and the applicant explained that was not the developer's intention, stating the units would be owner-occupied, not rental units. The County Planner clarified that an individual owner could possibly rent a unit that helshe owned if the homeowner docwnents allowed. One audience member asked what, if any, impact the new units would have on the value of existing units. The applicant responded that he did not think there would be any impact, but that the market itself would dictate the prices of the existing and new units. No objections were raised and the meeting was concluded. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition revised on April 13, 2010. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPe) forward Petition PUDA-PL2009-1499 to the Board of County Commissioners (BCC) with a recommendation of approval. Heritage Bay PUD; PUDA-Pl2009-1499 May 6. 2010 CCPC Rev 4/19/10 Page 14 of 15 Agenda Item No. 17A June 22, 2010 Page 71 of 137 PREPARED BY: ~ fj~ tI(q/tO KAY SELEM,AICP,PRINCIPALPLANNER DATE DEPARTMENT OF ENGINEERING, ENVIRONMENTAL, COMPREHENSIVE PLANNING AND ZONING SERVICES REVIEWED BY: ~~~ 1) 0~ - tf //0 ~IO RA YM V. BELLOWS', ZON G MANAGER J D TE DEPARTMENT OF ENGINEERING, ENVIRONMENTAL, COMPREHENSIVE PLANNING AND ZONING SERVICES frr' ~ P~., . 0 4 - 17...- 2..0/0 -lJAM D. L NZ, . :, P.E., DIRECTOR DATE DEPARTMENT OF ENGINEERING, ENVIRONMENTAL, COMPREHENSIVE PLANNING AND ZONING SERVICES APPROVED BY: (;h 0-1/) tf--IJ-7.ol (; NI~{/::~:~:~';:{ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the June 22, 2010 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: ,C4~kf~ J-l'o,'Z~\O DATE Heritage Bay PUD; PUDA-PL2009.1499 May 6, 2010 CCPC Rev: 4/9110 Page 14 of 14 <l;or-- r--~(") ~o~ .N_ o ,0 7..(\1 N r-- OJ '::'..J0"l ","" '" u n. c:: '" rJ) <l; )..lNnOJ 331 ~; < i . ~ , . ,.I !;" ... ~~ . . . z wO ....t;: 000 o ~ ; ~ < . , , .' .. ~ .({ 11~:lS 01 l()l< / - ::::.~ " " , ....Z , 00 w- ..... 0" ",0 ,,-0 ~ , , g " ;\ i o " , ~ >- .... Z :0 o U ~ ~ I I N , N ~l I - WlJ Sial o I, w w , '" ~~ !~ h:; ~ -- . , 0 , - ~ . " ~ f; < .. ill < z- t "'~~ i' ~ ", o. ," i t o. " ~ ~ ". N ~ ~ o. " , "''''^31Wl1J ~31'11CYJ I'''''-U::J! ~ "'~: "' r II ~ a:;:1!;l .. ~:<~ I'! D.. <( ~ , ! Z I i 0 ! - 8 ~ <( () 0 -I D.. <( ~ C) Z Z o N I , ",I "', ~! O)i 0' o N' -" "- <( o :J "- '" Z o f- f- w "-I ~" ! ! '>.S".,''']''''''"]" <{Ol'- -~(") '-O~ ~N_ o .0 ZN(") NI'- E",,,, "'CO) ~:JctI ""(L Ll C '" 0) <{ , ::< ~ +' 1 ~_ '. I; . I ., u ~ ;~ <0; Oe ']!~ ~~ ru "- u :; ,- ~ "" 0 c:( ~ " " . tii ~ ~ : ~ :; ~ . ~ '" '; ":>; >- 8 1:5;iiffill 1:5 ~ ~ ~ '" . : II w ::c ~ i 1,1 I ~ i I: I' Ll I I L '" _u '~ i-I J ORDINANCE NO, 03. 40 Agenda Item No. 17A June 22, 2010 "Page 74 of 137 AN ORDINANCE AMENDING ORDINANCE NUMBER 9\-102 -, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH r ., INCLUDES THE COMPREHENSIVE ZONING REGULATIONS r FOR THE UNINCORPORATED AREA OF COLLIER COUNTY. ' FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS ~ NUMBERED 8613S. 8613N, 8614S, 8614N, 8623S, 8623N, 8624S ' r' AND 8624N BY CHANGING THE ZONING CLASSIFICATION OF ~. THE HEREIN DESCRIBED REAL PROPERTY FROM 'A" RURAL ~:., AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT :::':': KNOWN AS THE "HERITAGE BAY PUD" LOCATED ON THE !i';:i;J NORTHEAST CORNER OF IMMOKALEE ROAD (C.R, 846) AND COLLIER BOULEVARD (C.R. 951). IN SECTIONS 13. 14.23, AND 24, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA, CONSISTING OF APPROXIMATELY 2.562 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. '-..' c" ,. "71 " , ~~; -, lei '..;:J (,0 WHEREAS, Richard Woodruff, AICP, of WilsonMiller, Inc., representing U.S. Home Corporation, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE. BE IT ORDAINED by the Board of County Commissioners 01 Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Sections 13, 14, 23, and 24, Township 48 South, Range 26 East, Collier County, Florida. is changed from "A" Rural Agricultural to "PUD" Planned Unit Development in accordance with the "Heritage Bay" PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 8613S, 8613N. 8614S, 8614N. 8623S. 8623N. 8624S and 8624N, as described in Ordinance Number 91-102. the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 29th day of JULY , ,2003. :, ""UUtllU"",. ,.:." l~~.Q.1.ti;'Nun's ~~~~~;~~Jr~;-~',,' . ~i~":"",-"," 1~S " ~" ~ .:.~ ~~- ' ~. ,.: 'if/ill ~ "- (\ ~. .. 1'0 ,.1),,- ~ I)l;i\ITE'.'. " i'CLERK "1: .....d ..'.....~ ~.. 1"- ,~. . ,....;;1; . {;'U::X'Jt\,~~~~~"'" 111't""'Utll,II~\ Approved as to Form and Legal Sufficiency BY: TOM ~~d~' .p:ud~ Assistant County Attorney This ordinance filed with the Secretary of Stpte's Office ~e ...l>lb. day of HCSusT, 2t) and Qeknowledgemen~ that flll~~ tI1is doy of ~ ~.~ By 0I\IMYc:~1tl r PUDZ.2002.AR.284IIRBlsp DATE FILED: REVISED: REVISED: REVISED: DATE REVIEWED BY CCPC: DATE APPROVED BY BCC: ,HIT V ? Q ORDINANCE NUMBER: ?nn1-dn' HERITAGE SAY A PLANNED UNIT DEVELOPMENT PREPARED FOR: U.S. Home Corporation 10491 Six Mile Cypress Parkway Suite 101 Fort Myers, Florida 33912-6404 PREPARED BY: WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 and , YDung, van Assenderp, Varnadoe & Anderson, PA 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 Tl2H2003. \laM? \I~, 121- OWEHR OM. N0442.OC5-0OJ- PP'jS 20G02 Agenda Item No. 17A June 22. 2010 Pag!" 75 of 137 July 2002 February 2003 May 2003 July 30, 2003 ?tl{)-:t SECTION TABLE OF CONTENTS STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII EXHIBITS EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT 0-1 EXHIBIT 0-2 '<'1/200).11;3<'7 \lee t2'-DVIIEHR ~~.<) N044;'-OO~.003. PPHS. 26902 LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION PROJECT DEVELOPMENT RESIDENTIAL DISTRICTS VILLAGE CENTER DISTRICT RECREATION, OPEN SPACE DISTRICT ACTVITY CENTER COMMERCIAL DISTRICT CONSERVATION AND PRESERVATION DISTRICT HERITAGE BAY MASTER CONCEPT PLAN (WilsonMiller file #C-0442-55, sheet 1 of 2) LOCATION MAP HERITAGE BAY BICYCLE PEDESTRIAN PLAN (WilsonMiller file #C-0442-55, sheet 2 of 2) WELL SITES PLAN POTENTIAL WELL LOCATIONS PLAN Agenda Item No. 17A June 22, 2010 Page 76 of 137 , PAGE 1-1 2-1 3-1 4.1 5-1 6-1 7-1 Agenda Item No. 17A June 22, 2010 Pag1l 77 of 137 i STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of U.S. Home Corporation, hereinafter referred to as U.S. Home, to create a Planned Unit Development (PUD) on 2,562:t acres of land located in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Heritage Bay. The development of Heritage Bay will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The development will be cDnsistent with the adopted growth policies and land development regulations of the GMP Future Land Use Element (FLUE) and other applicable regulations fDr the following reasons: 1. Heritage Bay encompasses fDur square miles of land (Sections 13, 14, 23 and 24, Township 48 South, Range 26 East). Section 23, located at the northeast quadrant of the intersection of Collier Boulevard (County Road 951) and Immokalee Road, is within the GMP's urban boundary and is classified as Urban Residential. Forty acres at the intersectiDn of Collier BDulevard (CDunty Road 951) and ImmDkalee Road is identified as "Activity Center #3. The remaining three sectiDns within Heritage Bay, Sections 13, 14 and 24, are designated as Rural Fringe Mixed Use. 2, An Urban-Rural Rural Fringe Transition Zone Overlay (URFTZO) encompasses all four square miles of the Heritage Bay PUD. This Overlay includes nine performance standards, The Heritage Bay PUD is consistent with each of these standards: URFTZO Standards 1, The Heritage Bay PUD exceeds Standard #1 by providing a minimum of 863 acres in its Conservation/Preservation designation which are contiguous to off.site wetlands owned by the Corkscrew Regional Ecosystem Watershed (CREW). 2. The Heritage Bay PUD exceeds the 40% required native vegetation requirement. 3. The Heritage Bay PUD exceeds the 70% open space requirement. 4. To the greatest extent practical, the existing rock quarries are incorporated into the , regional water management system and utilized to accommDdate the passing thrDugh of off-site water flows and may be used for recreational purposes, 5. The Heritage Bay PUD will connect to the County's regional water and wastewater facilities 6. The Heritage Bay PUD does not exceed the 3,450 (nDt including the 200 ALF units) maximum number of residential units on the entire Heritage Bay property. 7. The Heritage Bay PUD is designed to encourage internal vehicle trip capture by providing commercial and recreational uses and providing for pedestrian and bicyclist access to internal community recreation and convenience retail centers. Internal project roadways are connected and provide access to the Activity Center. 8. The Heritage Bay PUD complies with the limitations for commercial development within the URFTZO. The Heritage Bay Activity Center is limited to 40 acres and the three "Village Centers" are limited to 26 acres. The Activity Center commercial uses include a maximum of 150,000 square feet Df retail uses and 50,000 square feet of office uses. The Village Center commercial uses include a maximum of 10,000 square feet of retail uses, 10,000 square feet of restaurant uses, 5,000 square feet of marina related retail uses, and 5,000 square feet of office uses. 7/2112001.- Itll341 V.r 12'. OWEHR c...., NOu2.11D$-OO:)-PPHS'2'l51102 Agenda Item No. 17A June 22, 2010 Pag,e 78 of 137 i 9. Section 5.4N of the Heritage Bay PUD requires that one transfer of development right credit shall be acquired from areas identified by the County as "Sending Lands" for each five gross acres of land area utilized as part of the golf coursers). 3. The Heritage Bay PUD includes property designated as Urban, Urban Commercial District, Mixed Use Activity Center Sub-District, Activity Center #3, a "master-planned mixed use Activity Center". GMP FLUE Section I B 1 states that such master-planned mixed use Activity Centers ". . .are understood to be flexible and subject to modificatiDn". The Heritage Bay Activity Center is consistent with the 40-acre size limitation. Its configuration responds to existing and future surrounding land uses. 4. Heritage Bay is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 5. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 6. The develDpment of the Heritage Bay PUD will result in an efficient and economical extension of community facilities and services as required in Policies 3.1. Hand L of the FLUE. SHORT TITLE This Ordinance shall be known and cited as the "HERITAGE BAY PLANNED UNIT DEVELOPMENT ORDINANCE". , 11212oo)-1111:M7 Io'er. lOI.DWEHR ~U43 '.;;....2.00~.003- PPHS. 281102 Agenda Item No. 17A June 22, 2010 Pag~ 79 of 137 1-1 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Heritage Bay PUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION All of Sections 13, 14,23 and 24, and less to the South 100 feet of Sections 23 and 24, Township 48 South, Range 26 East, Collier County, Florida. 1.3 PROPERTY OWNERSHIP Purchase contracts have been entered into with the existing property owners. Closings will Dccur and property acquisition will be concluded at such time as project development plans have been approved by the CDunty and other jurisdictional agencies. The project purchaser/developer is U.S. Home Corporation, whose address is 10491 Six Mile Cypress Pkwy, Fort Myers, Florida 33912. 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East, Collier County, Florida, containing apprDximately 2,562 acres and is generally located at the northeast corner of the Immokalee Road (CR 846) and Collier Boulevard (County Road 951) intersection. '8. The prDperty has been actively mined for limerock by Florida Rock Industries for over 28 years. Currently the mine is active with 414t acres of existing quarries and is permitted to mine an additional 1,286t acres for an additional 25 years, Sections 13, 14 and 24 of the property contain large wetland areas to the north, which are contiguous to wetlands proposed for the Cocohatchee West Flow-way and apprDved for designation by the CDrkscrew Regional Ecosystem Watershed (CREW) Trust. Approximately 533 acres of the wetlands which exist on the property are in a conservation easement granted tD CREW. C The Heritage Bay PUD is bordered on the east by the Bonita Bay East golf courses, on the north by CREW lands approved for designation as a Natural Resource PrDtection Area and Dn the west by the Mirasol PUD. To the south is Immokalee Road. D. The existing grDund elevation of the Heritage Bay PUD varies from approximately 110 to 15.5 feet NGVD. 7r.U200).. HUon \ler 101- OWEHA ,~~ NOH2.005-00J_ PP~iS.261l(l2 Agenda Item No. 17A June 22,2010 Pag~ 80 of 137 1-2 1.5 DEVELOPMENT OF REGIONAL IMPACT The Development of Regional Impact (DRI) has been submitted fDr approval in accordance with Florida Statues, Chapter 360.06. NDthing in this PUD Ordinance shall be deemed to waive the DRI and other vesting provisions of Florida Statutes, Section 163.3167(8) and Chapter 360. 1.6 DEVELOPMENT PARAMETERS A. The number of dweiling units to be built in the Heritage Bay PUD pursuant to this PUD and DRI development order will not exceed 3,450 plus an Assisted Living Facility containing up to 200 units. B. Up to 54 holes of golf may be built in the Heritage Bay PUD. C. Commercial activities are limited to a total of 40 acres within the Activity Center located at the northeast quadrant of the intersectlDn of Collier Boulevard and Immokalee Road and three 'Village Centers" totaling approximately 26 acres within the residential part of Heritage Bay, The Activity Center commercial uses will include a maximum of 150,000 square feet of retail uses and 50,000 square feet of office uses, The Village Center commercial uses will include a maximum of 10,000 square feet of retail uses, 10,000 square feet of restaurant uses, 5,000 square feet of marina related retail uses, and 5,000 square feet of Dffice uses. D. Conservation and Preserve Areas will total a minimum of 863 acres. 1.7 DENSITY f.. A maximum of 3,450 dweiling units and an Assisted Living Facility containing up to 200 units may be built on the Heritage Bay PUD's 2,562:t acres. The gross project density will be a maximum of 1.3 units per acre. For the purpose of calculating density, each assisted living facilities/congregate care facilities unit shall be considered to be equal to .33 of a residential dwelling unit. B At all times all property included within the Heritage Bay PUD shall be included in determining project density including property reserved or to be dedicated for public uses, such as, but not limited to, publiC roadways and conservation areas. 7/112003-1").41 \Ie< 101.0WEl-lR -".43 "'~",4HlOS.-OO1-PPHS.261l(l2 Agenda Item No. 17A June 22, 2010 Pag: 81 of 137 1.3 1.8 BUILDING HEIGHT - DEFINITION The vertical distance from the first finished floor to the highest pOint of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs, Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured from such required minimum floor elevations. (See Section 2.6.3 of the LOC, Exclusions from Height Limits). Required minimum floor elevations shall be in conformance with the Collier County Building Construction Administrative Code and, if necessary, FOEP requirements for minimum habitable first-floor structural support. Infrastructure in support of the building, such as mechanical rooms for fire suppression and/or air conditioning equipment and elevator shafts are not included in the determination of building height. Accessory facilities are also exempted from the limitations established for measuring the height of buildings. 1.9 EXISTING EARTHMINING AND RELATED PROCESSING, ASPHALT PLANT, COMMERCIAL EXCAVATION AND OFF-SITE HAULING Nothing in this PUO Ordinance shall limit prior approvals for and the continuatiDn and expansiDn of the existing earth mining and related processing, asphalt plant, commercial excavation and off.site hauling operations, by Florida Rock industries, Inc. and the Mule Pen Quarry Corporation, their successors and assigns, hereinafter collectively referred to as "Florida Rock Industries.' on all areas of the Heritage Bay PUD not designated as a Preserve Area, \ 7111200:1-111/1]..117 \le<.lCI.D'oVEHR c......, N04.200S003PPHS_2t;~2 Agenda Item No 17A June 22, 2010 Pag~ 82 of 137 2-1 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose Df this Section is to generally describe the plan of development for the Heritage Bay PUO, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The Heritage Bay PUD, a prDposed 2562:1: acre master planned community located in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East in Collier County, Florida, will include a range of single family and multi-family housing, an assisted living facility and both water-related and golf-related amenities. along with three Village Centers, which will provide many services and facilities that support its residents, including, but not limited to club facilities, community meeting rooms, small scale neighbDrhood commercial goods and services, and a recreation center. The develDpment also includes an Activity Center located at the northeast quadrant of the intersection Df Collier Boulevard (County Road 951) and Immokalee Road. Approximately 533 acres of the subject prDperty's wetlands are in a conservation easement that has been granted to the CREW Trust. Additional undisturbed natural wetlands and uplands on the north end of the property and a mitigation area located near Immokalee Road bring the total Conservation and Preserve Area shown on the Master Concept Plan to 863 acres. The Heritage Bay PUD Master Concept Plan is illustrated graphically on Exhibit "A" (WM, Inc. File No. C-0442-55). A Land Use Summary indicating approximate land use acreages is shDwn on the Master Concept Plan, The location, size, and configuration of ~ndividual tracts shall be determined at the time of preliminary subdivision plat approval with minor adjustments permitted at the time of final plat approval, in accordance with Section 3.2.7.2 of the LOC. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Heritage Bay PUO shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUO Ordinance, applicable sections of the LOC which are in effect at the time of issuance of any development Drder to which said regulations relate and which authorize the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavatiDn permit and preliminary work authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LOC that is otherwise applicable shall apply. B. Unless otherwise defined herein, or as necessarily implied by context. the definitions Df all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. '2OD:J..1I1U1 ....er:14I.D'hEHR 42-ClOS-003-PPHS-261102 Agenda Item No. 17A June 22, 2010 Pag[' 83 of 137 2-2 C. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable sections of the LDC remain in effect with respect tD the development of the land which comprises this PUD, D. All conditions imposed herein are part Df the regulations which govern the manner in which the land may be developed. E. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply tD the Heritage Bay PUD, except where an exemption is set forth herein or Dtherwise granted pursuant to Section 3.2.4 of the LDC. F. The Site Development Plans Division of the LDC (Article 3, DivisiDn 3.3) shall apply to the Heritage Bay PUD, except where an exemption is set forth herein or otherwise granted pursuant to SectiDn 3.34 of the LDC. 2.4 COMMUNITY DEVELOPMENT DISTRICT The developer may elect to petition to establish a CDmmunity Development District (CDD) to provide and maintain infrastructure and community facilities needed to serve all of or a portion of the project. Such a CDD wDuld constitute a timely, efficient, effective, responsive measure to ensure the provision and on-gDing maintenance of facilities and infrastructure for the proposed development. Such infrastructure imprDvements, as would be constructed, managed and financed by such a CDD, shall be subject to, and shall not be inconsistent with, the GMP and all applicable ordinances dealing with planning and permitting of the Heritage Bay project. 2.5 SUBSTITUTIONS TO DESIGN STANDARDS 7123/2Q03.118341 V.r 141.DWEHR - NlN'''Z-005.00]..Pf>I1s..Z6802 A. Standards for roads shall be in compiiance with the applicable provisions Df the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during preliminary subdivision plat approval. The developer also retains the right tD establish gates, guardhouses, other access controls, signs and mDnuments as may be deemed appropriate by the developer on all project roadways. Roadways within the Heritage Bay PUD shall be designed and constructed in accordance with Section 3.2.8. of the LDC with the following substitutions: 1, LDC, Section 3.2.8.3.19: Street name signs shall be approved by the Planning Services Director, but need nDt meet the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic ContrDI Devices. The requirements for street pavement painting, street striping, and reflective edging shall be waived. 2. LDC, Section 3.2.8.4.16.6: The 1 ,ODD-foot length cul-de-sac street maximum shall be waived. , B, 3. LDC, SectiDn 3,2.8.4.16.5 - Street right of way width. The minimum right of way to be utilized for a local street within the Heritage Bay PUD shall be 50 feet. Agenda Item No. 17A June 22, 2010 Pag~ 84 of 137 2-3 C. A pedestrian and bicycle pathway network shall be established throughout the project as shown conceptually on the Heritage Bay PUD Bicycle/Pedestrian Plan. The pedestrian and bicycle system will serve to link the Activity Center and the three Village Centers areas with residential uses throughout the project. See Exhibit "C". Sidewalks and bike paths shall conform to Section 3.2.8.3.17 of the LDC except as follows, 1, All streets designated as "Bikepath Loop" on Exhibit "C" shall have a 4-four foot wide bike lane on each side of the street within the right-of-way. 2. All locations designated as "Sidewalk" on Exhibit "C" shall have a 4-foot wide sidewalk on one side of the street within the right-of-way or an off-street sidewalk, 3. The area designated as internal "BikepathlSidewalk Loop" on Exhibit "c" shall have an 8-foot wide internal bikepath/sidewalk loop permitted within the drainage and maintenance easement(s). 2.6 PROJECT NAME AND ROAD NAMES The provisiDns of Section 3,2.7.1.2 and 3,2.8.3.19 of the LDC and Ordinance No. 03-14 which place restrictions on the duplication or use of closely approximate names, for projects and subdivisions shall be waived to allow the entire project and subdivisions within the prDject to utilize the words "Heritage Bay" as part of their respective names, provided that: A, Only the main entrance road within the Heritage Bay PUD may be named Heritage Bay Boulevard, B, No other roadway within the Heritage Bay PUD will include the word "Heritage" in its name. All roadway names shall be subject to approval by the Planning Services Director during the preliminary subdivision plat approval process. 2.7 -LAKE SETBACK AND EXCAVATION A. As depicted Dn the Heritage Bay PUD Master Concept Plan, lakes have been preliminarily sited, with the ultimate location and cDnfiguration tD be determined during the site development review stages of project development. B. All lakes greater than two acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1, of the LDC. C. Lake banks and edge of water may be sculpted for aesthetic purposes and to complement the overall project theme. The developer may use combinations of vertical bulkheads (rock. concrete, wood), vegetation, beach and earthen berms for aesthetic purposes, consistent with the intent of Section 2.8.3.7.4 of the LDC. Sidewalks may be constructed along the lake edges. D. Final lake area determinations shall be in accordance with the South Florida Water Management District stormwater criteria and Section 3.5,7. of the LDC. ,-- "23/200). I' eM1 'ole, 141. OWEHR '" .42.00s.l103. PPHS. 26i02 Agenda Item No. 17A June 22, 2010 Pag~ 85 of 137 2-4 E. Lake Setbacks 1. The lake setback requirements described in Section 3.5.7,1 of the LDC may be reduced with the administrative approval of the Community Development and EnvirDnmental Services Administrator. 2. Lake excavations shall be located so that the contrDI elevation shall adhere tD the following minimum setback requirements, unless bulkheading is provided, per LDC and Florida Department of Transportation (FDOT) standards: a. Lakes and stormwater management features may be located adjacent to internal rDads. The rDads shall be designed to AASHTO road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections, and barriers. b. Lakes and stormwater management features shall be set back a minimum of 20 feet from external property boundaries of the Heritage Bay PUD. 2.8 MODEL HOMES/SALES CENTERS/SALES OFFICES/CONSTRUCTION OFFICES A. Model homes, sales centers, sales offices, construction offices, and other uses and structures including temporary sales and temporary service centers related to the promotion and sale of real estate, such as but not limited to pavilions, viewing platforms, gazebos, parking areas, and signs, shall be permitted principal uses throughout the Heritage Bay PUD subject to the requirements of Section 26.33.4 and, Section 3.2.6.3.6 of the LDC. B. The limitation of Section 2.6.33.4,1.5(a) of the LDC, regarding the number of \ model homes allDwed prior to plat recordation shall be applicable to each subdivision tract rather than each subdivision phase. C. The model home/sale centers temporary use permits shall be valid through the buildout of the project with no extension of the temporary use required. D. Model home/sale centers may be either wet Dr dry facilities. The model home/sale centers may use septic tanks Dr holding tanks for waste disposal subject to permitting under Section 10D-6, FIDrida Administrative Code, and may use potable water, existing lakes or irrigation wells for irrigation. 712312OO~111J347 VOL 141.D'M:HI'l =2:~OO;)'-I"PHS.~2 Agenda Item No. 17A June 22, 2010 Pag; 86 of 137 2-5 2.9 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or the Heritage Bay PUD Master Concept Plan as provided in Section 2,7,3.5 of the LDC. Minor changes or refinements as described herein may be made in connection with any type of development or permit application required by the LDC. The Community Development and Environmental Services Administrator shall be authDrized to approve minor changes and refinements to the Heritage Bay PUO Master Concept Plan upDn written request of the developer. A. The following limitations shall apply to such requests: 1, The minor change or refinement shall be consistent with the Collier County GMP and the Heritage Bay PUD document. 2. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3,5,1. of the LOC, B. The following shall be deemed minor changes or refinements: 1. ReconfiguratiDn of lakes, ponds, canals, or Dther water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County, 2. Internal realignment of rights~of-ways, including a relocation of access pDints to the Heritage Bay PUD itself, where water management facility, preservation areas, or required easements are not adversely affected or othelWise provided fOL Reconfiguration of parcels when there is no encroachment into the conservation area. , 3. C, Minor changes and refinements as described above shall be reviewed by appropriate Collier CDunty Staff to ensure that said changes and refinements are othelWise in compliance with all applicable County Ordinances and regulations in effect prior to the Community Development and Environmental Services Administrator's consideration for approval. D. Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for subdivision or site development plan approval, however such approvai shall nDt constitute an authorizatiDn for development or implementation of the minor change Dr refinement without first Dbtaining all other necessary County permits and approvals. .- ~11200~. 118347 Vel' 141. ~HR , 42-00S.oD)-PPHS-2$502 Agenda Item No. 17A June 22, 2010 Pag~ 87 of 137 2-6 2.10 COMMON AREA MAINTENANCE Common area maintenance will be provided by a CDD or a Property Owners' Association. For those areas not maintained by a CDD, the developer shall create a prDperty owners' assDciation or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces, A CDD Dr the property Dwners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water management systems and preserves serving the Heritage Bay PUD, in accordance with the provisions of Collier CDunty Ordinances, together with any applicable permits from the South Florida Water Management District. Most common area maintenance will be provided by a Property Owners' Association or other appropriate entity whose function shall include provisions for the perpetual care and maintenance of all CDmmon facilities and open space subject further to the prDvisions of the LDC, Section 2,2.20.3.8. 2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Heritage Bay PUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 3: 1 2. Ground cDvered berms 2:1 3. Rip-Rap berms 1: 1 with geotextile mat 4. Structural walled and stacked rock berms - vertical , B. Fence or wall maximum height: Ten feet as measured from the finished floor elevation of the nearest residential structure within the development. If a fence or wall is constructed on a landscaped berm which includes materials to minimize the visual impact of the wall, the wall height shall be measured from the top of the berm elevation and shall nDt exceed 8 feet in height. C. Fences and walls which are an integral part of security and access control structures such as gatehouses and control gates shall be governed by the height limitations for principal structures of the District in which they are located. In the case of access contrDI structures within rights-of-way adjoining two or more different Districts, the more restrictive height standard shall apply. D. Fences or walls may be placed zero feet from the internal rights-of-way provided that shrubs are provided in the right-of-way and may be located five feet from the project perimeter. 71231~).lll13<l1I1ef 141.OWEI-tR ""'" N().ol,......OO5-OO3. PPHS.2fI802 Agenda Item No. 17 A June 22, 2010 Pag;, 88 of 137 2-7 E. Water management systems, drainage structures and utilities are allowed in landscape buffers/easements subject to the provisions in Section 2.4,7.3 (1), (2) and (3) of the LDC. Pedestrian sidewalks and or bike paths and signs are allowed in landscape buffers/easements subject to the provisions of Section 2.4.7.3.(4) of the LDC. F, Within the project, landscaping (including palm trees, shrubs and ground cover), sidewalks/paths will be allowed within a utility easement, including placement within three feet of a utility line, Canopy trees may be located seven feet from the utility line, said seven feet being measured from the trunk of the tree to the center of the utility line. Reconstruction of sidewalks/paths, or modification/reinstallation of plant materials due to the necessary maintenance of utility lines will be the responsibility of the developer, its successors, or assigns. 2.12 CLEARING AND FILL STORAGE A. Fill storage is generally pennitted as a principal use throughout the Heritage Bay PUD. Fill material may be transported and stockpiled within areas which have been disturbed, Prior to stockpiling in these locations, the developer shall notify the Community Development and Environmental Services Administrator, The following standards shall apply: 1. Stockpile maximum height: 45 feet 2. Fill storage areas in excess of 5 feet in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers, if the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1). B. Soil erosion control shall be provided in accordance with Division 3.7 of the LDC. 2.13 PRELIMINARY SUBDIVISION PLAT PHASING 'Submission, review, and approval of preliminary subdivision plats for the project may be accomplished in phases to correspond with the planned development of the property, 2.14 GENERAL PERMITTED USES Certain uses shall be considered general pennitted uses throughout the Heritage Bay PUD except in the Preserve District. General permitted uses include the continuation of earth mining, asphalVconcrete plant, rock crushing and commercial excavation operations, and those uses which generally serve the residents of the Heritage Bay PUD and are typically part of the common infrastructure or are cDnsidered cDmmunity facilities, A. General Permitted Uses: 1. Essential services as set forth under Section 2,6,9.1 Df the LDC. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. V2OO3-11t341 V.r 1.',0\f0IEHA , ,.2-00S-003.PPHS.281lO2 , 112)1200).'11347 ..."" 14'-DWf:HR "'" ' ~42-005-003.PPHS'2I1i02 Agenda Item No. 17A June 22, 2010 Pag~ 89 of 137 2-8 4. Septic system for remote golf shelters 5, Water management facilities and related structures including lakes with bulkheads or other architectural or structural bank treatments, 6. GuardhDuses, gatehouses, and access control structures. 7. Architectural features and elements including walls, fences, arbors, gazebos and the like. 8. Community and neighborhood parks, boardwalks, trails and recreational facilities. 9. Temporary construction, sales, and administrative offices for the developer and the developer'S authorized contractors and consultants, including necessary access ways, parking areas and related uses. 10. Landscape/hardscape features including. but not limited to, landscape buffers, berms, fences, water features and walls subject to the standards set forth in Section 2.11 of the Heritage Bay PUD. 11, Fill storage, site filling and grading are subject to the standards set forth in Section 2.12 of the Heritage Bay PUD. 12. Earth mining and related processing, asphalt/concrete plant, rock crushing, commercial excavation and Dff-site hauling, subject to the terms of prior approvals referenced in Section 2.7 - Lake Setback and Excavation of the Heritage Bay PUD and the.following: Florida Rock Industries will continue to conduct mining operations and mining related activities Dn portions of the site pursuant to Collier County Excavation Permit No. 59.113, and any subsequent modifications approved by CDllier County, for the portions of the property owned by Florida Rock Industries. This prDject will be develDped in stages through transfer of property ownership frDm Florida Rock Industries to U.S. Home Corporation, b. Where the existing approvals and excavation pennit are less restrictive by their terms than the proviSions of the Heritage Bay PUD approval, the provisions of the existing excavation permit and other approvals shall prevail fDr any areas that remain owned by Florida Rock Industries, Inc, For any areas that are transferred to US. Home, the terms of the Heritage Bay PUD Ordinance shall control. a. c. Excavation for earth mining shall be consistent with that shown Dn the Heritage Bay PUD Master Concept Plan, No additional impacts tD the Preserve Area shall be allowed as a result of the existing excavatiDn permit fDr earth mining activities. Agenda Item No. 17A June 22, 2010 Page 90 of 137 2-9 B, Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to general permitted uses: 1. Guardhouses, gatehouses, signage, landscape features, and access control structures shall have no required setback. 2. Other general permitted uses shall be set back a minimum of five feet from property lines except for the temporary treatment plant which shall have a minimum setback Df 100 feet from property lines. Minimum distance between structures which are part of an architecturally unified grouping - Five feet. Minimum distance between unrelated structures - Ten feet. Maximum height of buildings - 35 feet. Maximum height of architectural features - 65 feet. Maximum height of earth mining, asphalt/concrete plant and rock crushing structures - 50 feet. 3. 4. 5. 6. 7. 8. 9. 10. 11. , Minimum floor area - None required. Minimum lot or parcel area - None required. Sidewalks and bikepaths may occur within County required buffers subject to the provisiDns in Section 2.4.7.3.(4) of the LDC, Standards for parking, landscaping, signs and other land uses, where such standards are not specified herein, are to be in accordance with the LDC provision(s) in effect at the time this PUD is approved. 2.15 OPEN SPACE REQUIREMENTS The Heritage Bay PUD Master Concept Plan identifies approximately 1793:t acres included in the preserves, lakes, recreation, Dpen space, golf courses and buffer areas. These areas fully satisfy the Dpen space requirements of Section 2.6,32 of the LOC and the requirement in the Urban-Rural Fringe Transition Zone Overlay that "70% of the property be open space". 2.16 NATIVE VEGETATION RETENTION REQUIREMENTS The 863:t preserve acres Dn site fully satisfy the requirements of Section 3.9.5.5.2. of the LDC. 12P03-111l:l4l7 "'.r 141.O'M:HR , 4_2.00S-OD3-PPH$.26i02 Agenda Item No. 17A June 22, 2010 Page 91 of 137 2-10 2.17 SIGNAGE A. General 1. All Collier County sign regulations in force at the time of approval of this Ordinance shall apply unless such regulations are in conflict with the cDnditions set forth in this Section, in which case the PUD Document shall govern . 2. For the purpose Df this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. 3. ShDUld any of the signs be placed within a County dedicated right-of-way, a right-of-way permit shall be applied for and approved, except for signage pertaining to and/or facilitating traffic movement. 4. All signs shall be located so as not tD cause sight line obstructions. 5. All internal project rights-of-way may be utilized for decorative landscaped entrance features and sign age subject tD review and approval from the Planning Services Department for consistency with the requirements set forth herein, 6. Signs may be allowed in landscape buffers/easements 7. Entrance and boundary markers may be placed prior to subdivision approval provided a building permit for the markers is obtained prior to placement. B. Boundary Markers , Boundary marker monuments containing project identification signs designed to promote the project or any major use within the project shall be permitted along the project boundaries. V-type boundary marker monuments shall be permitted only at intersections. 2. A maximum of ten boundary marker monuments shall be permitted. 1, 3. The sign face area of each side of the boundary marker monument shall not exceed 64 square feet and shall not exceed the height or length of the monument upon which it is located. If the boundary marker monument is two.sided, each sign face shall not exceed 64 square feet of area. 4. The total sign face area shall not exceed 64 square feet. The size of the letters, graphics, and the tYPDgraphy and color scheme used in each individual prDject, business, or directional identification on boundary marker mDnument(s) shall be similar to and consistent with the other identification6 placed on the same boundary marker monument. 712lJ2poJ- 118~7 "~r 14'-OWEHR ,- NO.-.2.00s..tlO3.PPH$.2U02 V2003-11V347 Ver 141-OWEHR , .42-005-00:S-PPH$.2Oll02 Agenda Item No. 17A June 22, 2010 Page 92 of 137 2.11 5. Sign face area is calculated by total square footage of name, insignia, and mDtto only. 6. Boundary marker monuments may not exceed a height of eight feet above the crDwn of the nearest rDad. 7. Boundary marker monuments may be lighted provided all lights are directed to the sign or are shielded. C. Directional Dr Identification Signs 1. Directional or identification signs may be allowed internal to the Heritage Bay PUD. Such signs may be used to identify the location or.direction of approved uses such as sales centers, model centers, recreational uses, information centers, Dr the individual cDmpDnents of the development. 2. Individual signs may be a maximum of 6 square feet per side or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 64 square feet per side and a maximum height Df eight feet. 3. No building permit is required unless such signs are combined to form a menu board. D, Residential Project Entrance Signs 1. One grDund or wall-mounted entrance sign may be located on both sides of each entrance right-of-way and in the entry median of each individual residential development within the Heritage Bay PUD. Such signs may contain the name of the subdivision and the insignia or motto of the develDpment. These signs may be Dne, two or three-sided. The size of letters, graphics, and the typography and color scheme used in individual project on an entrance sign shall be similar and consistent. Such signs may contain up to four individual prDject or identification message areas per side, as long as the total sign face on each side does not exceed 100 square feet in area, , 2. 3. ND sign face area shall exceed 100 square feet and the total sign face area at each entrance may not exceed 200 square feet. If the sign is a single, two-sided sign, each sign face shall nDtexceed 100 square feet in area. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. Where a three-sided sign is utilized. the third sign side shall face internal to the development and the sign message area shall not exceed ten square feet. 4, The setback for the signs from any rightS-Df-way and any perimeter prDperty line shall be five feet. Agenda Item No. 17A June 22. 2010 Page 93 of 137 2-12 5. Entrance signs may be lighted provided all lights are directed tD the sign or are shielded. 6. Entrance signs shall not exceed a height of 20 feet above the finished grade level of the sign site. For the purpose of this provision, finished grade level shall be cDnsidered tD be no greater than 18 inches above the highest crown elevatiDn of the nearest road. E. Internal Signs 1. Residential and cDmmunity facility entrance signs may be located on both sides of the neighborhood entrance street and within the entry medians. Setbacks from internal road rights-of-way may be zero feet. Such signs shall be used to identify the location of neighborhoods, clubhouse, recreational areas and other features within the Heritage Bay PUD. Individual signs shall be a maximum of 100 square feet per sign face area. Such signs shall have a maximum height of 12 feet. No building permit is required. 2. Identification signs fDr approved uses such as sales centers. information centers, Village Centers, or the individual cDmponents of the develDpment may be allowed internal to the project. Individual signs shall be a maximum of 6 square feet per side. Signs maintaining a commDn architectural theme may be combined to form a menu board and shall be a maximum size of 64 square feet per side and a maximum height of 8 feet. F. Village Center Signs 1. , Village Center entrance signs may be located on both sides Df the entrance drive to a Village Center and within its entry median. Setbacks from internal road rights-of-way may be zero feet. Such signs may be used to identify the location of Village Center, clubhouse, recreational areas and other features within the Heritage Bay PUD. Individual signs shall be a maximum of 100 square feet per sign face area. Such signs shall have a maximum height of 12 feet. No building permit is required. 2. Wall, Mansard, Canopy or Awning Signs a. One wall, mansard, canopy or awning sign shall be permitted for each single-Dccupancy parcel, or for each establishment in a multiple-occupancy parcel. Corner units within multiple- occupancy parcels, or multi-frontage single-occupancy parcels shall be allowed three signs. Such signs shall not be combined for the purpose of placing the combined area on one wall. In addition, oulparcels within a Village Center shall be allowed one additional wall sign facing the Village Center, if the additional sign is not visible from any road right-of-way. The combined area of 7f23f2Q03-ttU47 V.r 141.D'o-\JEHR - No.<<2.0lI5-00J.. F'PHS. UV02 , V2Q0:J- 111':)47 ....r 14'. DWEHR , '2.00~OO).PPHS. 26WC2 Agenda Item No. 17A , June 22, 2010 Pag? 94 of 137 2.13 those signs shall not exceed the maximum allowable display area for signs. b. The maximum allowable display area for signs shall not be more than 20 percent of the total square fODtage of the visual facade of the building to which the sign will be attached and shall not, in any case, exceed 250 square feet in area for anyone sign. 3. Pole signs Two pole signs shall be permitted for each internal street, provided there is a 500-foot separation between such signs. a. Maximum allowable sign area: 100 square feet per side, if tWD sided b. Maximum allowable height: 20 feet c, Setbacks: 10 feet from any rights-of-way or property lines. d. Spot or floodlights may be permitted provided said light shines only on the signs and is shielded from motorists and adjacent residents. 4, Projecting signs Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. a. A prDjecting sign shall not project more than four feet from the building wall to which it is attached. b. A projecting sign shall not extend above the rootline of the building to which it is attached. c, Projecting signs shall not project into rights-of-way. d. Projecting signs, which project over any pedestrian way(s), shall be elevated to a minimum height of eight feet above such pedestrian way. 5. Under-Canopy Signs In addition to any other sign allowed by this ordinance, one under-canopy sign shall be allowed for each establishment in the Village Center. Such a sign shall not exceed six square feet in area and shall be a minimum of eight feet above finished grade, Agenda Item No. 17A June 22, 2010 Pag,;, 95 of 137 2.14 G. Activity Center Commercial Signs Activity Center CDmmercial Project Entrance Signs. Project Directory Signs, and Free-Standing Use Monument Signs shall conform to the requirements of Division 2.5 of the LDC. H. Real Estate Signs Real estate signs with a maximum size Df six square feet per side shall be permitted. No building permit is required. I. Temporary Signs Temporary signs shall cDnform to the requirements of Division 2.5 of the LDC. J, Special Event signs are permitted. Such signs shall not exceed 32 square feet in size per side. Such sign shall be located no closer than 15 feet to any property line. No building permit is required. K. Grand Opening Signs Grand Opening Signs may be displayed on-site. Such sign shall not exceed 32 square feet on a side and 64 square feet total. Any banner signs shall be anchDred and shall be displayed on-site for a period not exceeding 14 days within the first three months that the entity displaying the sign is open for business. L. Construction Entrance Signs 1. , Two "construction ahead" signs may be located at appropriate distances from a construction entrance, Such signs shall be a maximum of 20 square feet each in size. No building permit is required. 2. One sign may be located at each construction entrance to identify the entrance as such. Such signs shall be a maximum of 20 square feet each in size. No building permit is required. M. Traffic Signs 1. Traffic signs, such as street signs, stop signs, and speed limit signs, shall be designed to reflect a common architectural theme. 2. The placement and size of such signs shall be in accordance with FOOT criteria. 7/2:)/2003- '103047 V.r. Hr. OWEHR ,- NOU2.00!>-OO3. PPHS. 261102 Agenda Item No. 17A June 22, 2010 Pag: 96 of 137 2-15 2.18 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance 01-57, as amended, except as may be provided in Section 2.4 of this DDcument. B. All customers connecting tD the potable water and sanitary sewer system shall be customers of the County. except as may be provided in Section 2.4 of this document. C. Temporary construction and/or sales trailers may use septic tanks or hDlding tanks for waste disposal, subject tD permitting under Rule 10D-6, Florida Administrative Code, and may use potable or irrigation wells. D. Golf course rest stations and maintenance buildings may be permitted to use septic tanks or holding tanks fDr waste disposal, subject to pennitting under Rule 10D-6, Florida Administrative Code, and may use potable or irrigation wells. 2.19 SURFACE WATER MANAGEMENT SITE FILLING AND GRADING A. In accordance with the rules of the South Florida Water Management District, this project shall be designed for a storm event of a three-day duration and 25-year return frequency. B. The Heritage Bay PUD is a reclamation project from an existing mining activity. Lake excavations and littoral zone plantings shall conform to the requirements of the GMP and LDC in effect at the time of final development order approval. The following GMP policies and LOC regulations have been applied to this PUD to create the resultant regulations. , 1. The Heritage Bay PUO shall comply with the regulations for all wet detention ponds that are used as a part Df its water management system, as identified by its South Florida Management District Environmental Resource Permit. Wet detention ponds are described as lakes that provide 1" of water quality detention, Attenuation lakes are described as lakes that provide flood attenuation but not the required water quality detention. Wet detention ponds, or portions thereof, within the urban boundary shall have a littoral shelf with an area equal to 7% of the pond's surface area measured at the control elevation. The littoral areas shall be planted with native aquatic vegetation. Wet detention ponds, or pDrtiDns thereof, outside the urban boundary shall have a littoral shelf with an area equal to 30% Df the pDnd surface area measured at the control elevation. The littoral areas shall be planted with native aquatic vegetation. The '12\103- l1V:M7 11'.. 141- OWEHR , .2-1;lO$-OO~.PPl"tS.211~ Agenda Item No. 17 A June 22, 2010 Page 97 of 137 2-16 total area of littoral plantings shall be calculated and the planting areas shall be provided in accordance with Division 3.5 of the LDC. . 2. As an alternative to the planting or creation of littoral shelves, credit for wetlands that are preserved above the minimum required by Policy 6.1 of the Conservation and Coastal Management Element shall be applied tDward meeting littoral zone planting area requirements on a ratio of one to one. For each acre of wetlands set aside above the minimum requirement of said Policy 6.1, one acre of littoral zone plantings shall be subtracted from the littoral ZDne planting area requirements. Said Policy 6.1 requires preservation of 40% Df native vegetation present not to exceed 25% of the total PUD property. Twenty-five percent of the PUD's total site area (2562 acres) is 640 acres. This PUD provides for preservation of 863 acres Df native vegetation including wetlands that have significant hydrologic value, therefore the extra 221 acres shall be credited tDward meeting littoral zone planting area requirements. C. Lake side slopes shall be sloped at 4: 1 from control elevation to a depth of five feet. 2.20 ENVIRONMENTAL A. The develDper shall be subject to Division 3.9 Df the LDC, in effect at the time of permitting, requiring the acquisition of a tree removal permit prior to any land clearing. B. All invasive exotic plants, as defined in the LDC, shall be removed from development areas, open space areas. and preserve areas during each phase of construction. FolIDwing site develDpment, a continuing maintenance prDgram shall be implemented to prevent reinvasion of the site by such exotic species. , C. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the FIDrida Statutes. Buffers shall he provided in accordance with Section 3,2,8.4.7.3 Df the LDC. Conservation easements shall be dedicated Dn the plat to the homeDwners' association, or like entity, for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. D. Buffers shall be provided around wetlands, extending at least 15 feet landward from the edge of wetland preserves in all places and averaging 25 feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by Environmental Services Staff. E. Final alignment and configurations of water management structures 'shall be subject to minor field adjustments to minimize habitat destruction. 7q3l2l103. 1I8~7 Ver 141. DWEHR "to NOU2-D05-003.PPt-lS.2f11Kl2 Agenda Item No. 17A June 22, 2010 Page 98 of 137 2-17 F. The develDper shall comply with the guidelines and recommendations of the U.S, Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation CommissiDn (FFWCC) regarding potential impacts to protected species on-site. A Habitat Management Plan for those protected species shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. 2.21 TRANSPORTATION , E. '-""\12003-118347 \/erl41-OWEHR , 12-OOS-OlI3.PPHS.1flQ02 A, The developer shall provide street lighting at the project entrances in conjunction with the construction of same. B. The developer shall make a fair share contribution toward the capital cost of a traffic signal Dn Immokalee Road and any access point(s) when, and if deemed warranted by Collier County, The signal shall be Dwned, operated and maintained by Collier County. C, The developer shall dedicate a 1 DO-foot right-of-way along the western boundary of the Heritage Bay property from the southwest corner of the prDperty north to the conservation/preserve area (approximately the mid-point of Section 14), which is a distance of generally 1Y:i mile, to the County. The developer shall receive no impact fee credits for the dedication. The dedication shall take place within the timeframe established by Subsection 2.2.20.3.7 of the LDC. D. If the County acquires the needed right-of-way at the intersection of County Road 951 and Immokalee Road (not owned or controlled by the developer), then the developer shall construct for a distance of Y:i mile from said intersection a 2-lane access rDad within the 100-foot dedicated right-of-way. The developer shall receive no impact fee credits for the cost of such construction, The developer shall construct this 2-lane access road to arterial standards within a multilane urban arterial crDSS section. Within 45 days of the County's issuance of a Notice to Proceed on a construction contract to widen Immokalee Road to six lanes between 1-75 and the eastern boundary of the Heritage Bay project, the developer shall prepay to the County the first $5,000,000.00 of the Heritage Bay road impact fees for the purpose of advancing the six-Ianing of Immokaiee Road from 1-75 to Collier Boulevard and from Collier Boulevard to the eastern boundary of the Heritage Bay project. In exchange for this prepayment, Collier County shall: (a) modify the ImmDkalee Road constructiDn project east of Collier Boulevard (Project #60018) to provide six lanes on Immokalee Road from Collier Boulevard tD at ieast the eastern bDundary of Heritage Bay, and (b) advance the construction of the six-Ianing of Immokalee Road between 1-75 and CDllier Boulevard to at least 2006, unless unforeseen circumstances make it impractical to meet this schedule. If the constructiDn is phased as twD Dr more phases, the impact fee prepayment shall be phased and equally appDrtiDned for each phase. Agenda Item No. 17A June 22, 2010 Page 99 of 137 2-18 F. The road impact fee prepayment of $5,000,000.00 shall be applied as the first 50% payment required under Division 3.15 of the LDC to obtain Certificates Of Public Facility Adequacy which Certificates shall be issued by County upDn receipt of payment. G. The developer shall not request a full median opening on Immokalee Road, nor on County Road 951, any clDser than Y, mile from the intersection of said roadways. HDwever, a right-in and right-out access may be constructed on either or both of these roadways within that Y, mile distance at the X mile distance, H. The developer shall not be entitled to receive building permits for more than 2,588 dwelling units (which represent 75% of the total approved number of dwelling units) until the first of the following occurs: (1) County Road 951 Extension is under construction to connect to Bonita Beach Road for more than Y, a mile north of its current tenninus at Immokalee Road, or (2) after July 1, 2006 and together with the completion of the Lee/Collier County PrDject Development and Environmental Study for County Road 951 Extension and approval of the' no build" option by the respective Lee and Collier County Commissions, Dr (3) July 1, 2008. Building pennits for dwelling units which meet the County's guidelines for WDrkforce or affordable housing are exempt from and shall not be included in calculating the 2,588 dwelling unit building pennit limitatiDn, 2.22 OTHER PUBLIC BENEFIT COMMITMENTS A. General GDvernment Site The developer agrees to donate 7.73 acres to the County for utilization by the County as a satellite operations center including emergency medical services, sheriff's substation, fire station, pump station, well site and general government center including offices for other constitutional officers. This donation is not subject , to the receipt of impact fee credits. B. Parks and Recreation The developer agrees to prepay $2.8 million in park impact fees to the County within 45 days of the effective date of this Ordinance. This amDunt shall be credited against the park impact fees due from the development. Additionally, the developer will donate $717,000 to the County for use in developing regional park facilities. This payment is in lieu of any donation to the County of any lake system, or access thereto, within the project. C. Well Sites Responsibility of the Developer: 7/2312003-1"13"7 V.r-14'.CMlEHA - NlM<II2.OD~3_ PPI1S. 261102 Agenda Item No. 17A June 22, 2010 Page,100 of 137 2-19 1. Provide locations for six potential well sites with each site capable of fitting two wells for use by Collier County for potable water supply wells, supplemental water wells, and/or aquifer storage and recDvery wells, 2. Three well sites will be located as shown on Exhibit D 1. The easements for each well site will be as shown on Exhibit D 1. 3. Well sites 4 - 6 may be located in one of the following two optional locations with the understanding that wells 4, 5 and 6 must be IDcated within the same optiDnallocation. The optional locations are: Option 1 - 951 right-of-way as deeded by the developer to Collier County Option 2 - Littoral zone between the recreational lake and the south property line of the project. These two optional locations are shown on Exhibit D 2. It is agreed that Option 1 will be utilized provided that the Predesign and Engineering (PD&E) study for the 951 extension shows that 951 is not feasible for construction at this location. which is apprDximately 1 mile north of the Immokalee Road/951 Intersection, Should the PD&E study show the feasibility of 951 at this location, then Option 2 will be utilized. 4. Sizing of Electrical Systems for Heritage Bay will be coordinated with Collier CDunty to ensure that FP&L projections and installation of equipment will accommDdate these well pumps and generators, 5. Proposed well locations shown on Exhibits D 1 and 2 will not be utilized for littoral credit or be placed in a conservation easement by the developer. tollier County Government will be Responsible for: 1. Design, permitting, funding, developing, and maintaining all transmission lines, wells and well sites located on the Heritage Bay project. 2. All wells and generatDrs will be encased within a building which is architecturally compatible with the surrounding buildings or located in an underground vault. 3. Total cost of transmission lines including design, purchase, and installation. 4. Well sites may result in environmental impacts. Mitigation and all associated cost and permitting will be by Collier County. General Conditions: The easement granted for each well site shall be as shown below: -""3I2OO':l.11113.7 V.r 1.t.17o'IEHR , 12.00S-003--f>PH$.2el102 Agenda Item No. 17A June 22, 2010 Page 101 of137 2-20 1. Well Site 1 - 100 feet by 100 feet 2. Well Site 2 - 150 feet by 150 feet 3. Well Site 3 - 100 feet by 100 feet (all abDve ground facilities shall be low profile and minimized to the greatest extent possible at this location) 4. Well Site 4, 5 and 6 a, Option 1 IDcations - 100 feet by 150 feet b. Option 2 locations - middle site 150 feet by 150 feet and two sites on either side 100 feet by 100 feet 5. Landscaping shall be initially installed by Collier County to specifications mutually agreed to between the developer and Collier County. Once installed the developer shall be responsible for the maintenance of landscaping for well sites 1-2 and for well sites established under Option 2. Landscaping for well sites established under Option 1 will be maintained by Collier County Government. 6. Approximate locatiDns are shDwn in the attachments. Final IDcations to be approved by US Home or the landowner. 7. Proposed wells will not prohibit or impact existing or proposed land uses. 8. Transmission lines will be located around the perimeter of the project either within the 100' right-of-way dedication to Collier County aiong the western property boundary or within the SFWMD 100' Canal right-of-way. , 2.23 ARCHAEOLOGICAL RESOURCES A. Any significant archaeological sites discovered within the Heritage Bay PUD shall be preserved in perpetuity and shall be recorded as "preserve" on all appropriate plats, site plans, and the Master Development Plan for the Heritage Bay PUD. B. In areas where there are existing archaeological sites in the vicinity of proposed development, a buffer or conservation easement averaging 25 feet in width, or other equivalent protection (such as temporary fencing or other structural barriers). shall be placed around the archaeological sites. Any exotic vegetation remDval in these areas shall be by hand and not by mechanical means. C. The developer shall support registration of any significant archaeological sites in the National Reqister of Historic Places. . 112312003.118141 "er '.'.OWEI1R - NOot'2-005.003-PPHS-211lKl2 Agenda Item No. 17A June 22, 2010 Page 102 of 137 2-21 D. The developer shall cooperate with the Division of Historical Resources' (DHR) investigation of any existing sites by allowing access to the archaeoiDgical sites by the State, whenever such access can be reasonably accommodated. E. If any additional archaeological/historical sites are discovered during development activities, all work in the immediate vicinity of such sites shall cease immediately, and the develDper shall contact DHR, Southwest Florida Regional Planning Commission (SWFRPC), and Collier County Code Enforcement Department so that a state-certified archaeologist can determine the significance of the find and recDmmend appropriate preservation and mitigation actions, as necessary. 2.24 AFFORDABLE HOUSING A. The developer shall construct on-site on the lands designated "AC/R3" Dn the Master Concept Pian a minimum of 160 townhouse units and a maximum of 190 townhouse units to be Dffered for sale to persons meeting the Collier County affordable housing guidelines for 80% moderate income level fDr a period beginning with the date Df issuance of the building permit for each building cDntaining said townhouse units, and continuing for six (6) months thereafter, or for 30 days after the Certificate of Occupancy for each building containing said tDwnhouse units is issued, whichever is later, Also, for a time periDd extending from the date of the issuance of the Certificate of Occupancy, the developer shall offer the remaining unsold units to the County or its designee for purchase for a period Df 45 days after which time any unsold unit may be sold at market rates. B. The developer shall donate $475,000 tD Habitat for Humanity of Collier County ("Habitat"), The donation represents one-half of the purchase price of 10 acres of iand currently under contract by Habitat and located just south of Immokalee Road and generally east of CDunty Road 951. The donation shall Dccur within ' 120 days of the final approval Df the Heritage Bay PUD/DRI by the BDard of County Commissioners and the expiration of all appeal periods withDut an appeal being filed. C. Prior to the issuance of the final Certificate of Occupancy for the development the developer shall have all the affordable housing units on-site completed and available for occupancy. At a minimum, the affordable housing units shall be phased in thirds to cDincide with the development of other residential dwelling units in the project. D. If the developer constructs less than 190 affordable housing townhouse units on- site, for each unit less than the maximum of 190, the develDper shall donate the sum of $10,000 per unit tD Habitat. For example, if 180 affordable hDusing townhDuse units are constructed on.site, the developer would donate $100,000.00 tD Habitat, which represents 10 units times $10,000. E. At any time in the future, should the develDper request an extension to the approved build-out date fDr the project, the developer shall re-examine the housing needs of the project and provide an updated re-analysis of' the affordable housing required. The developer shall use the methodology in use at 1I:J0/2003-11t341 V.r UI.OWEHR ,~o '<0442-005.003.PPHS 261102 Agenda Item No. 17A June 22, 2010 Page 103 of 137 2-22 the time of the re-analysis by SWFRPC, the Florida Department of Community Affairs, and Collier County. Any future mitigation requirements that are caused as a result of the re-analysis shall be consistent with the options listed in Rule 9J- 2.048 of the Florida Administrative Code. 2.25 MONITORING REPORT An annual mDnitoring report shall be submitted pursuant to Section 2.7.3.6 of the LDC. 2.26 SUNSETTING This PUD is not subject to the sunsetting provisiDn of Section 2,7.3.4 of the LDC, The DRI Development Order for the Heritage Bay Community, relative to duration, shall govern. , 713012OQ3."U41 \let l$'-OWEHR ,~~ N0<I42-005.003. PPHS. 26~2 Agenda Item No. 17A June 22, 2010 Page 104 of 137 3-1 SECTION III RESIDENTIAL DISTRICTS 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards fDr areas within the Heritage Bay PUD designated on the Heritage Bay PUD Master Concept Plan as "R1", "R2", "R3" and "R4" Districts 3.2 GENERAL DESCRIPTION Areas designated as "R1", "R2", "R3" and "R4" Districts on the Heritage Bay PUD Master Concept Plan are designed to accommodate a full range of residential dwelling types, compatible nDn-residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R1", "R2", "R3" and "R4" Districts is indicated on the Heritage Bay PUD Master Concept Plan, This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and DivisiDn 3.2, respectively, of the LDC. Residential tracts are designed to accommDdate internal roadways, open spaces, recreational facilities and other similar uses found in residential areas. 3.3 PERMITTED USES AND STRUCTURES. "R1" AND "R2" DISTRICTS No building or structure, or part thereof, shall be erected, altered Dr used, or land use, in whole or part, for other than the following: A. Principal Uses: \ 1. Single family detached dwellings, 2. Single family attached, townhouse dwellings and duplexes. 3, Zero lot line dwellings 4. Multi-family dwellings, low-rise 5. Assisted living facilities 6. Model homes, sales centers including administrative offices and constructiDn offices. 7. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time Df the request for such use. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the principal uses permitted in this District, including garages, gazebos, picnic areas. pedestrian and bicycle paths. tennis courts, swimming pools, other facilities intended for outdDor recreatiDn, prDject maintenance facilities, 713l112OO:!o "')41 Ver-l&l-DWEHR ~a h,,4.42.005-001.PPHS_ 2llWl% Agenda Item No. 17A June 22, 2010 Page,105 of 137 3-2 guest houses, cabana bedrooms, boat docks, beaches, boat ramps, piers or other such facilities constructed for purposes of lake recreation for residents Df the prDject and their guests, other recreational facilities. 2. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 3.4 PERMITTED USES AND STRUCTURES - "R3" DISTRICT No building or structure, or part thereof, shall be erected, altered or used, or land use, in whDle or part, for other than the fDllowing: A. Principal Uses: 1. All of the uses permitted in the Residential "R1" and "R2" Districts. 2. Multi-family dwellings, low-rise. 3. Any Dther principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDG in effect at the time of the request for such use. B. Accessory Uses: 1, All of the accessory use permitted in the Residential "R 1" and "R2" Districts. 2. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request fDr such use. 3.5 PERMITTED USES AND STRUCTURES - "R4" DISTRICT \ No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or part, for other than the following: A. Principal Uses: 1. All of the uses permitted in the Residential "R3" District. 2. Multi-family dwellings, mid-rise. 3, Any other principal use which is comparable in nature with the foregoing uses and is apprDved through the process set forth in the LDG in effect at the time of the request for such use, B. Accessory Uses: 1. All Df the accessory use permitted in the Residential "R3" District. 2. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDG in effect at the time of the request for such use, 11301200)..118347 V.r 151.[:M.EHR - N()..2.005-003. PPHS- :lll'i02 Agenda Item No. 17A June 22, 2010 Page 106 of 137 3-3 3.6 DEVELOPMENT STANDARDS A. Table 1 and Table 2 set forth the development standards for land uses within the "R1", "R2", "R3' and "R4' Districts. B. Site development standards for single family uses apply to individual residential lot boundaries. Multi-family standards apply to platted parcel boundaries, C. Multiple family buildings shall have 1.5 parking spaces for all bedroom unit types, with an additional 10 percent of parking for multiple family buildings to accommodate guest parking, D. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accDrdance with the LDC in effect at the time of site development plan approval or preliminary subdivision plat approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. E. Development standards for uses not specifically set forth in Table 1 and Table 2 shall be established during site develDpment plan approval as set forth in Division 3,3. of the LDC in accordance with those standards of the zoning district which is most similar to the proposed use. F. Required property development regulations may be approved that are different than those set forth in Table 1 and Table 2, subject to the requirements of Section 2.6.27 of the LDC. Common open space requirements are deemed satisfied pursuant to Section 2.15 Df this PUD. G. Off Street Parking For Multi-Family Uses \ 1, A green space area of at least 10 feet or more in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road, with the exception of cul- de-sacs serving 24 units or less. 2, Off-street parking required fDr multi-family tracts of 120 or more units shall be accessed by parking aisles or driveways which are separated from any abutting roads that serve the development. 3, A cul-de-sac road within the development may have abutting surface parking where the parking serves 24 units or less, H. Single family zero lot line dwellings are identified separately from single- family detached dwellings with cDnventional side yard requirements to distinguish these types of residences for the purpose of applying development standards under Table 1 and Table 2, Zero IDt line dwellings shall be defined as any type of detached single family structure employing a zero Dr reduced side yard as set forth herein, and which confDrm to requirements Df Subsection 2.6.27 of the LDC. 7f3lli200,.11n.t7 Ver ISI-D'A'EHR .ue >'oH2-00S-llOl.?PHS_261l1J2 \ 7130/21)03..111347 Ver IS'.OW'EHA ~Q N~42-110~.OO3_ PPH5. 2a902 Agenda Item No. 17A June 22, 2010 Page 107 of 137 3-4 I. Attached or detached residences which include those having cabana bedrooms accessed from the courtyard and nDt the main house are permitted providing that: 1. The cabana structure must be connected to other portions of the residence in a manner that gives the entire residence the appearance in elevation from the street of being one single-family residence, 2. The cabana structures must be accessible only from the enclosed courtyard and must not be accessible directly from the street; and 3. The cabana structure may not contain primary cooking facilities. J. In the case of residential areas with a Traditional Neighborhood Development (TND), the TND shall be deemed a common architectural theme. Required property development regulations may be approved that are different than those set forth in Table 1, subject to approval by the Collier County Planning Commission, in accDrdance with the criteria contained in Section 2.6.27.4.6.1 through 2.6.27.4.6.3 of the LDC. Common open space requirements are deemed satisfied pursuant to Section 2.15 of this PUD. K. For the purpose of calculating density in the "R1". "R2", "R3" and "R4" Districts when assisted living facilities/congregate care facilities are developed, each such facility's dwelling unit shall be considered to be equal tD .33 of a residential dwelling unit. Standards for trash or recycle receptacles shall conform with Section 2.6,15 Df the LDC except in the case of multiple family buildings that do not receive curbside service pick up and choose tD use dumpster service. In that case, at least one standard size bulk container per every thirty units shall be required, L. Agenda Item No 17 A June 22, 2010 Page ,1 08 of 137 3-5 SINGLE SINGLE SINGLE MULTI FAMILY FAMILY ZERO LOT LINE DUPLEX FAMILY FAMILY DETACHED DETACHED ATTACHED & DWELLINGS 1 2 TOWNHOUSE Low.Rise Minimum Lot Area 5.000 sq.ft. 2,800 sq.ft. 3,500 sq.ft. 3,500 sq.ft, 2,000 sq.ft, 10,000 sq.ft. Minimum LotWidth5. 50ft. 35ft. 35ft. 35ft. 20ft. 100ft. Minimum Average Site 100ft. 65ft. 100ft. 100ft. 40ft. 120ft. . Depth Principal & 20ft. 20ft. 15ft. 15ft. 20ft. 15ft. Accessory Garage Front Yard FronVSide 23 ft./10 ft. 23ft./10ft 23 ft./l0 ft 23ft./10ft 23ft./l011 2311./10ft Setback 1,7, Entry 12 Garage or Carport on Parking nla n/e Oft. Oft, n/a Oft. Lot Accessway Rear Yard Principal 10ft. 5 ft. 1011. 10ft. 10ft. 20ft. Setback Accessory 6.7 2,10,1',12 5ft, 5 ft. 5 ft. 5 ft. 5 ft. 10ft. o ft one side 10ft. other side Side Yard Setback OR Y, the Bunding Principal & Accessory 6ft. 6ft. 3'.1" one side 6ft. Oftor7Y,ft 2.",7.B.10,11.12 6'.11" other side Height OR 5 ft. on both sides Preserve Principal 25ft. 25ft. 25ft. 25ft. 25ft, 25ft. Setback , 10ft. 10ft. 10ft. 10ft. 10ft. 10ft, Accessory Maximum Height 3 35ft. 3511. 35ft. 35ft. 50ft. 65ft. Distance Between y, the Sum of Principal Structures n/a n/a n/a n/a 10ft. the Building Heiohts Minimum Floor Area 1,000 sq.ft. 900 sq.ft. 900 sq,ft. 900 sq.ft. 750 sq.ft. 750 sq.ft. TABLE 1 DEVELOPMENT STANDARDS FOR "R1" RESIDENTIAL DISTRICT Front yards for dwellings and side-entry garages are measured from back of curb or edge of pavement (if not curbed). Front yards for a front. loaded garage are measured from garage door to back of curb. edge of pavement or sIdewalk. whichever Is doser to the garage door. 2. Where adjacent to a golf course, take (measured from top of bank), or open space reduced to 0 feet. 3. Building height - See Section 1.8. 4. All zero lot line units In a series shall have the O-foot side setback on the same side of the lot. The zero foot setback side may change only if a minimum 10 foot wide space is provided in the form of an easement, golf course crossing, or the like, which separate the lots. 5. Minimum lot width may be reduced by 29% for cul-de-sac lots prov6ded minimum lot area requirements are met. 6. For any 101 served both by a street and an alley, the lot line adjacent to the alley shall be treated as a rear lot line and the setback shall be measured from the edge of pavement. 7. Guesthouses or cabana bedrooms are subject to the setback requirements for principal structures. B. The side comer setback shall be the same as the required sfOe principal structure setback. 9. Site depth average - determined by divJding the Site area by the site width, 1 Q. Accessory pool enclosure/screen lanai setback may be reduced to Q feet when attached to common privacy wall. 11. Accessory pool enclosurelscreen lanai setback from lake maintenance easement may be reduced to 0 feet. 12. Common arch/tedural features such archways, arbors, and courtyard entry features shall be exempt from the minimum yard requirements listed above. 13. For the purpose afTable 2, the teon ~mutti-famlly buUding" includes assisted living facilities 1/XlJ2003- 111:U1 Var: 1S1. OWEHR .UQ N{>4"~.OO&.OO3. PPHS_ 261102 Agenda Item No. 17A June 22, 2010 Page 109 of 137 3-6 SINGLE SINGLE MULTI F AMIL Y DWELLINGS FAMILY ZERO LOT LINE DUPLEX FAMILY DETACHED ATIACHED & Low-Rise Mid-Rise TOWNHOUSE Minimum Lot Area 5,000 sq.ft. 3,500 sq.ft. 3,500 sq.ft. 2,000 sq.ft. 10,000 sq.ft. 10,000 sq.ft. Minimum Lol WidthS 50ft 35 ft. 35ft. 20ft. 100ft. 100ft. Min.Average Site Depth 9 100ft. 100ft. 100ft. 40ft. 120ft. 120ft. Principal & 20ft. 20ft. 15ft. 15ft. 15 ft. 20ft. Accessory Front Yard Garage F ronVSide 23 ft/10 ft. 23ft/10ft 23 ft/10ft 23ft/10ft 23ft/10ft n/a10ft. Setback' ,7. Entry '2 Garage or Carport on nla nla Oft. nla Oft. Oft. Parking Lot Accessway Rear Yard Principal 10ft. 10ft. 10ft. 10ft. 10ft. 20ft. Setback 6, Accessory 7 2,10,11,12 5ft. 5 ft. 5 ft. 5 ft. 10ft. 10ft. o ft one side 10ft. other side Side Yard Setback OR ~the l-\ the Building Principal & Accessory 6 ft. 3'-1" one side 6 ft. Oftor7l-\ft Building 2,4.7,a.1o,11.12 6'-11" other side Height Height OR 5 ft. on both sides Preserve Principal 25ft. 25ft. 25ft 25ft. 25ft. 25ft. Setback Accessory 10ft. 10ft. 10ft. 10ft. 10ft. 10ft. Maximum Height 3 35 ft. 35ft. 35 ft. 35ft. 65ft. 100ft. Distance Between 10ft. 10ft. nla 10ft. l-\ the Sum of the Building Principal Structures Heights Minimum Floor Area 1,000 sq. ft. 900 sq. ft. 900 sq. ft. 750 sq. ft. 750 sq. ft. 750 sq. ft. TABLE 2 DEVELOPMENT STANDARDS FOR "R2", "R3" AND "R4" RESIDENTIAL DISTRICTS Front yards for dwellings and side..entry garages are measured from back of curb or edge of pavement (if nol curbed). Front yards for a front- loaded garage are measured from garage doo~ to baCk of curb, edge of pavement or sidewalk, whichever is closer to the garage door 2. Where adjacent to a gOlf course, lake (measured from top of bank), or open space reduced to 0 feet. 3. Building height ~ See Section 1.8. 4. All zero lot line units In a series shall have the O-loot side setback on the &8me side of the lot. The zero fOOl setback side may change only if a minimum 10 foot wide space is provided in the form of an easement. golf course crossing, or the-like, which separate the lots. 5. Minimum lot width may be reduced by 29% for cul-de-sac lots provided minimum lot area requirements are mel. 6. For any 101 served both by a street and an alley. the lot Une adjacent to the alley shall be treated as a rear lot line and the setback shall be measured from the edge of pavement. 7. Gueslhouses or cabana bedrooms are sub;ed 10 the setback requirements for principal structures. 8. The side comer selback shall be the same as the required side principal structure setback. 9. Site depth average - delermined by dividing Ihe sne area by the site width. 10. Accessory pool enclosure/screen lanai setback may be reduced to 0 feet when attacheCf to common privacy walt. 11. Accessory POOl enclOSUre/screen lanai setback from lake maintenance easement may be redUC8d to 0 feet. 12. Common ardlilectural features suCh ard1ways, arbors, and courtyard entry featur. shaJ be exempt from the minimum yard requirements listed above. 13. For the purpose of Table 2, the term "multi-family building- indudes assisted living facilities 7T3Or.1003--I1'3047 ....'-lS!.OWEHR o~a NG442-COS.OO).PPHS.26902 Agenda Item No. 17 A June 22, 2010 Page 110 of 137 4-1 SECTION IV VILLAGE CENTER DISTRICT 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the three Village Center areas within the Heritage Bay PUD designated on the Heritage Bay PUD Master Concept Plan as "VC". 4.2 MAXIMUM SQUARE FOOTAGE The Village Center commercial uses will include a maximum of 10,000 square feet of retail uses, 10,000 square feet of restaurant uses, 5,000 square feet of marina related retail uses, and 5,000 square feet of office uses. Commercial activities within the Village Centers are limited to a total of 26 acres. 4.3 GENERAL DESCRIPTION The approximate acreage of the Village Center District is indicated on the Heritage Bay PUD Master Concept Plan. The Village Center portion of this District shall be consistent with the requirements of GMP, FLUE, Section I B. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2, respectively, of the LDC. The Village Center tracts are is designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses. 4.4 PERMITTED USES AND STRUCTURES 1110 building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Accounting, Auditing and Bookkeeping SeNices (Group 8721). 2. Automatic Teller Machines (Group 3578) 3. Amusements and Recreation Services - Indoor (Groups 7911-7941, 7991, 7993, 7997). 4. Apparel and Accessory Stores (Groups 5611-5699). 5 Gasoline Service Stations (Group 5541). 6. Automotive Carwashes (Group 7542) 7. Business Services (Groups 7334, 7349) 8. Eating and Drinking Establishments (Groups 5812,5813). 9. Food Stores (Groups 5411-5499). 10. General Merchandise Stores (Groups 5311-5399). 11. Golf Clubhouse and Boat Club Facilities including Ancillary Teaching Facilities and Temporary Golf Clubhouses (Groups 7992, 7997, 7999) 12. Miscellaneous Retail (Groups 5912-5963, 5992-5999). 7/3012003- 11\1Ml v....-. 151. DWEHR ,.. N(<'2-005.003.PPHS.21>'oI02 Agenda Item No. 17A June 22, 2010 Page,111 of 137 4-2 13. Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry cleaning only, 7217, 7219-7251, 7291-7299). 14. Real Estate (Groups 6512,6531,6541). 15. Resort Recreation Facilities including but not limited to Tennis Clubs, Health Spas and other Recreational Clubs (Groups 7991, 7999) 16. Recreation Services (Groups 7911, 7922, 7929, 7933, 7941, 7991, 7993, 7997, 7999) 17. Residential uses as set forth in Section 3.4 of this Document including residentiai units integral to Village Center structure(s) and as freestanding uses. Freestanding residential uses shall comply with the development standards set forth in Section 3.6 18. Travel Agencies (Groups 4724 and 4725) 19. United States Postal Service (Group 4311 except major distribution center). 20. Video Tape Rental (Group 7841). 21. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this District. 2. Customary accessory uses include but are not limited to recreational facilities that serve as an integral part of the permitted uses such as pools, tennis facilities, beaches, boat docks, parks, playgrounds and playfields, restrooms, shelters, golf cart storage areas and snack bars. 3. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 4.5 OEVELOPMENT STANDARDS A. The frontage/depth criteria often included in development standards is not applicable since the Village Center uses are located internal to the Heritage Bay PUD and have no actual road frontage. B. Minimum Setback Requirements 1. Principal structures shall be set back a minimum of 10 feet from Village Center District boundaries and roads; 25 feet from all residential tracts; and 25 feet from preserves. 2. Accessory structures shall set back a minimum of five feet from Village Center District boundaries and roads; 20 feet from all residential tracts; and 10 feet from preserves. 3. Setbacks from lakes for all principal and accessory uses may be zero feet provided architectural bank treatment is incorporated into the design and subject to written approval from Collier County Planning Services Department. 7131l12OO3_ 11113<17 V.f. 151. DWEHR 'M~ N044~-OO~.003_ PPHS_ 261lO2 Agenda Item No. 17A June 22, 2010 Page 112 of 137 4-3 C. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of buildings (including architectural features) _ 65 feet. E. Maximum height of communication antennas - 65 feet. F. Minimum distance between principal structures -10 feet. G. Minimum distance between accessory structures (excluding drive-through facilities) - 10 feet. H. Maximum floor area ratio for the commercial component: 0.25 I. Due to the intemal orientation, the number, the different locations, the types of uses and the multi-purpose function of the Village Center buildings where commercial uses will be fully integrated with recreational and other uses. The requirement that 30% of the residential building permits shall be issued prior to the deveiopment of neighborhood commercial uses shall be waived. J. Each of the three Village Center shall have a unified plan of development which is architecturally integrated internally and with the neighborhood it serves. That plan will be submitted with each of the Village Center Site Development Plan. K. Due to the nature, location and internal orientation of the Village Centers, the LDC architectural review requirements for Village Centers shall be waived. L. Required parking for Village Center non-residential uses shall be consistent with Section 2.2.20.4.7.1.6, of the LDC. Residential parking requirements are set forth in Section 3.6 C of this PUD Document. Golf cart storage areas are considered accessory to the golf clubhouse and have no required parking. oM. A unified sign plan shall be submitted and made a part of the approval for each of the Village Center Site Development Plans. N. Standards for landscaping where such standards are not specified herein are to be in accordance with Division 2.4 of the LDC in effect at the tirne of site development plan approval. O. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 7~12OQ3.."'il)41 v. 151-DWEHR -Q "t-H2.00~oa3. PPHS. 261102 5.1 PURPOSE Agenda Item No. 17A June 22. 2010 Pag,e 113 of 137 5-1 SECTION V RECREATION / OPEN SPACE DISTRICT The purpose of this Section is to identify permitted uses and development standards for areas within the Heritage Bay PUD designated on the Heritage Bay PUD Master Concept Plan as "RO". 5.2 GENERAL DESCRIPTION The approximate acreage of the Recreation/Open Space District is indicated on the Heritage Bay PUD Master Concept Plan. Actual acreage of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Recreation/Open Space tracts are designated to accommodate a full range of golf course, water-related uses, other recreational uses, water management and open space uses. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1. 2. , 3. 4. 5. 6. 7. 8. 9. 10. 11. A. Principal Uses: Golf courses and other recreational uses. Clubhouses, community and golf course maintenance areas, maintenance buildings, utility storage buildings, chemical storage buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utilities pumping facilities and pump buildings, utility and maintenance staff offices. Utility, water management and right-of-way/access easements. Lakes and water management facilities. Land use and/or landscape buffers, which mayor may not be easements, depending on the buffer use. Signs as permitted by the LDC in effect at the time permits are requested, except as modified in this PUD Document. Open space uses and structures including, but not limited to nature trails, riding trails, fitness trails and shelters, boardwalks, landscape nurseries gazebos, and picnic areas. Pedestrian and bicycle paths, or other similar facilities constructed for purposes of access to, or passage through the Recreation/ Open Space District. Docks, piers, boat ramps, beaches or other such facilities constructed for purposes of lake recreation, for residents of the project and their guests. Shuffleboard courts, tennis courts, swimming pools, and other facilities intended for outdoor recreation. Lake excavations as permitted by Oivision 3.5 of the LDC. 713Of2OO3- IlO:U1 Ver 1St. OWEHR ~~ ND442.005.003. PPI-IS. 261102 Agenda Item No. 17 A June 22, 2010 Page 114 of 137 , 5-2 12. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Accessory Uses: 1. Practice driving range, golf cart barns, restrooms/shelters, and other customary accessory uses of golf courses including gasoline service. 2. Customary accessory uses or structures incidental to recreational areas and, or facilities, including structures for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. 3. Communications facilities, including, but not limited to digital, fiberoptic, microwave, satellite, UHF, VHF, FM, AM, short-wave, antennas with related ground mounted dishes and other sending and receiving facilities, subject to applicable permitting. The communications facilities located in this District are accessory, incidental and subordinate activities to the overall Heritage Bay PUD. 4. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 5.4 DEVELOPMENT STANDARDS A. Principal structures shall be set back a minimum of 25 feet from "RIO" District boundaries and private roads, and 25 feet from all PUD boundaries, conservation and preserve tracts and residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half the height of the structure. '6. Accessory structures shall set back a minimum of 10 feet from "RIO District boundaries and private roads, and 20 feet from all PUD boundaries, conservation and preserve tracts and residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half the height of the structure. C. Lighting facilities shall be arranged in a manner, which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of buildings - 65 feet. E. Maximum height of communications facilities - 65 feet F. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - 10 feet. G. Minimum distance between all other principal structures - 15 feet. H. Minimum distance between all other accessory structures - 10 feet. 1/3012003. 111M7 .......: lSl. DWEHR O....J No...~{-OO~,003_ PPHS. 26002 Agenda Item No. 17A June 22, 2010 Pagl' 115 of 137 5-3 I. Minimum floor area - None required. J. Minimum lot or parcel area - None required. K. Standards for patking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with LOC in effect at the time of site development plan approval. L. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. M. Golf course rest stations and secondary maintenance buildings will be permitted to use septic tanks or holding tanks for waste disposal subject to permitting under Rule 100-6, Florida Administrative Code, and may use potable and irrigation wells. 5.5 TRANSFER OF DEVELOPMENT RIGHTS \ B. 71'30/2003-111347 Ver. 151.DW'EHR ,~u NOoU2.QOHK13.PPfiS.26\102 A. For golf coursers) located in Sections 13, 14, and 24, for each 5 gross acres of land area utilized as part of the golf coursers) ("golf course" shall include the club house area, rough, fairways, greens, and lakes internal to the golf course boundary, but excludes any area dedicated as a conservation area, which is non- irrigated and retained in a natural state) one transfer of development right (TOR) credit shall be acquired from areas identified by the County as "Sending Lands". In the event that construction of approved golf coursers) commences in Sections 13, 14 or 24 prior to the effective date of the County's applicable TOR program, the developer shall provide, in a manner and form acceptable to the County, financial assurances to guarantee sufficient funds to purchase the necessary number of TOR credits for golf courses. The funds guaranteed by the developer or paid to the County for the golf course TOR credits shall be equal to the required number of TORs multiplied by the estimated value of a TOR as established by the applicable County TOR program. If such program is not in existence at the time of payment as set forth below, then the amount shall be as set forth in the Final Report by Dr. James C. Nicholas, dated November 23, 2001. If the construction of approved golf coursers) commences in Section 13, 14, or 24 prior to the effective date of the County's applicable TOR program, then the developer shall be required to acquire the appropriate TOR credits for golf coursers) within 90 days following implementation of the County's TOR program. In the event that an applicable TOR program has not been implemented by the County and is not effective within 48 months from the adoption date of the Heritage Bay GMP Amendment, then funds guaranteed by the developer or held by the County for the transfer of development right credits for golf coursers) pursuant to this paragraph shall be released or refunded to the developer and the requirements of this paragraph shall be null and void. Agenda Item No. 17A June 22, 2010 Page 116 of 137 , 6-1 SECTION VI ACTIVITY CENTER COMMERCIAL DISTRICT 6.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Heritage Bay PUD designated on the Heritage Bay PUD Master Concept Plan as Activity Center, "AC." 6.2 MAXIMUM SQUARE FOOTAGE/UNITS Commercial activities are limited to a total of 40 acres within the Activity Center located at the northeast quadrant of the intersection of Collier Boulevard (County Road 951) and Immokalee Road. The Activity Center commercial uses will include a maximum of 150,000 square feet of retail uses and 50,000 square feet of office uses. A maximum of 200- assisted living facility units may be constructed on lands designated Activity Center. 6.3 GENERAL DESCRIPTION Areas designated as Activity Center on the Heritage Bay PUD Master Concept Plan are designed to accommodate a full range of retail, service and office commercial uses, essential services, and customary accessory uses. The approximate acreage of the Activity Center District is indicated on the Heritage Bay PUD Master Concept Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. Commercial tracts are designed to llccommodate intemal roadways, open spaces, lakes and water management facilities, and other similar uses found in commercial areas. 6.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Accounting, Auditing and Bookkeeping Services (Group 8721). 2. Amusements and Recreation Services - Indoor (Groups 7911-7941, 7991, 7993, 7997, 7999). 3. Apparel and Accessory Stores (Groups 5611-5699). 4. Assisted Living Facilities/Congregate Care Facilities. 5. Automotive Dealers and Gasoline Service Stations (Groups 5511-5599) subject to Section 2.6.28. 6. Automotive Repair, Services, and Carwashes (Groups 7514, 7515, 7521, 7542, 7549). 71301200).. 11934} Ver 151. OWEHR -- r.o.;"'2.00~_OC). PPHS. 26Q(j2 Agenda Item No. 17A June 22, 2010 Page 117 of 137 6-2 7. Automobile Parking (Group 7521) except for tow-in parking. 8. Auto and Home Supply Stores (Group 5531). 9. Barber Shops (Group 7241) 10. Beauty Shops (Group 7231) 11. Building Materials, Hardware and Garden Supplies (Groups 5211-5261). 12. Business Services (Groups 7311-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361-7397 except armored car and dog rental, 7389 except auctioneering, bronzing, field warehousing, salvaging of damaged merchandise). Child Day Care Services (Group 8351) Churches and other Places of Worship Commercial Printing (Group 2752, excluding newspapers). Depository Institutions (Groups 6011-6099). Eating and Drinking Establishments (Groups 5812,5813). Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748). Fire Station/EMS Food Stores (Groups 5411-5499). General Merchandise Stores (Groups 5311-5399). Glass and Glazing Work (Group 1793). Golf Club Facilities including Ancillary Teaching Facilities and Temporary Golf Clubhouses (GrouPJi! 7992, 7997, 7999) Group Care Facilities (Category I and 1/), Care Units, Nursing Homes and Family Care Facilities (ALF) (Groups 8051 excluding mental retardation hospitals, 8052, 8059). Hardware Stores (Group 5251). Health Services (Groups 8011-8049, 8082,8093, 8099). Holding and Other Investment Offices (Groups 6712-6799). Home Fumiture, Fumishing, and Equipment Stores (Groups 5712-5736). Individual and Family Social Services (Group 8322 activity centers, elderly or handicapped; adun day care centers; and day care centers; adult and handicapped only) Insurance Carriers, Agents and Brokers (Groups 6311-6399,6411). Legai Services (Group 8111). Libraries (Group 8231). Management and Public Relations Services (Groups 8741-8743, 8748), Membership Organizations (Groups 8611-8699). Miscellaneous Personal Services (Group 7291) Miscellaneous Repair Services (Groups 7622-7641, 7699 except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, coppersmithing, farm machinery repair, fire equipment repair, fumace and chimney cleaning, industrial truck repair machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor repair). 36. Miscellaneous Retail (Groups 5912-5963,5984,5992_5999). 37. Model Units/Sales Centers 38. Motion Picture Theaters (Group 7832 _ 7833). 39. Multi-Family Dwellings including but not limited to Apartments. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. , 30. 31. 32. 33. 34. 35. 7f1012oo3-118;\41 V.r 151.DWE:HR ~~ ~2-OO5.a03-PPHS.26.02 Agenda Item No. 17A June 22, 2010 Page ,118 of 137 6-3 40. Museum, Art Galleries (Group 8412) Non-Depository Credit Instrtutions (Groups 6111-6163). 41. Paint. Glass and Wallpaper Stores (Group 5231). 42. Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry cleaning only, 7217, 7219-7261 except crematories, 7291-7299). 43. Photographic Studios (Group 7221), 44. Physical Fitness Facilities (Group 7991). 45. Real Estate (Groups 6512, 6531,6541,6552). 46. Resort Recreation Facilities including but not limited to Tennis Clubs, Health 47. Spas, Equestrian Clubs and other Recreational Clubs (Groups 7991,7999) 48. Retail Nurseries, Lawn and Garden Supply Stores (Group 5261). 49. Public Administration (Major Groups 91, 92, 93, 94, 95, 96, 97) 50. Recreation Services (Groups 7911, 7922, 7929, 7933, 7941, 7991, 7993, 7997,7999) 51. Security and Commodity Brokers, Dealer, Exchanges and Services (Groups 6211-6289). 52. Shoe Repair Shops and Shoeshine Parlors (Group 7251 ). 53. Social Services (Groups 8322-8399). 54. United States Postal Service (Group 4311 except major distribution center). 55. Veterinary Services (Groups 0742, 0752 excluding outside kenneling). 56. Video Tape Rental (Group 7841). 57. Vocational Schools (Groups 8243-8299). 58. Uses permitted under Section 3.4 of this PUD, subject to the Development Standards of Section 3.6. 59. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Permitted Accessory Uses and Structures , 1. Accessory uses and structures customarily associated with principal uses permitted in this District including kiosk vendors. Outdoor dining shall be permitted as an accessory use to an eating establishment. Communications facilities, including, but not limited to digital, fiberoptic, microwave, satellite, UHF, VHF, FM, AM, short-wave, antennas with related ground mounted dishes and other sending and receiving facilities, subject to applicable permitting. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 2. 3. 4. 113C1nOO3- 110341 V.f l!o\.DWEHR c_...u~ ",~u2-005.0D3_ Pf'H'!>.26~a2 Agenda Item No. 17A June 22, 2010 Page 119 of 137 6-4 6.5 DEVELOPMENT STANDARDS 713ll1200s. 11113<17 II.,: lS'. OWEHR ,~~ NOoU.1'Dll5-00J-PPHS.2tI~2 A. Property Development Regulations The Property Development Regulations for the Activity Center District and the adjacent Government Facility site are set forth in Table 3. B. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Shared parking between and among permitted uses shall be permitted throughout the Activity Center District. Each freestanding use shall not be required to provide 100% of the LDC minimum parking on the project site; however, the total parking provided for Activity Center shall meet or exceed the minimum parking required for the combined land uses. D. Access to the government facility site adjacent to the Activity Center shall be from the rights-of-way reserved for the County for future extension of Collier Boulevard (County Road 951). a minimum of 660 feet north of the intersection of Collier Boulevard (County Road 951) with Immokalee Road. , Agenda Item No. 17A June 22, 2010 Page )20 of 137 6-5 TABLE 3 DEVELOPMENT STANDARDS FOR ACTIVITY CENTER AND GOVERNMENT FACILITY SITE PRINCIPAL ACCESSORY USES USES Minimum Lot or Parcel Area 10,000 sq ft nla Minimum Lot Width 75 ft nla Minimum Building Setbacks Immokalee Road 35 ft or BH whichever greeter 20ft Future Extension of Collier Boulevard 35 ft or BH whichever greater 20 ft (County Road 951) Internal Frontage Drives 15ft 20ft Oft to bulkhead or riprap at top of bank provided architecturel Waterfront bank treetment is incorporated Oft into the design and subject to written epprovaJ from Collier County Non-Right-of-Way Perimeter Project Boundary - buildings up to 50 ft in 30ft 20 ft heioht Preserves 25ft. 10ft. Non-Right-of-Wey Perimeter Project 35 ft or the Building Boundary - buildings over 50 ft in 50ft Heights whichever is heioht greater Minimum Distance Between Commercial Structures which are part of an architecturally 10ft. 10ft . unified orouo Between All Other Commercial 20ft 10ft Structures Between All Multi-Family Buildings.. l-\ the Sum of the Building 10 ft. Heights Maximum Height Retail Buildings 50ft 35ft Office Buildings 65ft 35 ft Multi-Family Buildings- 65 ft 35ft Communications facilities nla 65 It .excluding drive-through facilities .. For the purpose of Tabie 3, the term "Multi-Family Buiidlng" includes Assisted Living Facilities 7(301200)- 118U1 v.... 1$1. DWEHR ~. ,.,,44~.OOH)01'PPHS.26902 7.1 PURPOSE Agenda Item No. 17A June 22, 2010 Page, 121 of 137 7 -1 SECTION VII CONSERVATION AND PRESERVATION DISTRICT The purpose of this Section is to identify pennitted uses and development standards for the area within the Heritage Bay PUD designated on the Heritage Bay PUD Master Concept Plan as "CO" and .p". 7.2 GENERAL DESCRIPTION The 863 acres designated as Conservation and Preservation District on the Heritage Bay PUD Master Concept Plan are designed to accommodate conservation interpretive/educational trails and limited water management uses and functions. 7.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Pennitted Principal Uses and Structures 1. 2. 3. 4. 5 , 6. 7. Conservation and Preserve. Passive recreation, nature trails, recreational shelters, gazebos and other similar uses. Water management structures. Temporary construction access road. Utility or roadway crossings as shown on the Heritage Bay PUD Master Concept Plan. Mitigation areas and mitigation maintenance activities. Hiking trails, pedestrian/golf cart boardwalks, nature trails (elevated and at grade), riding trails and other such facilities constructed for the purpose of passage through or enjoyment of the site's natural attributes, subject to approval by permitting agencies. a. Signs as pennitted by the LDC in effect at the time permits are requested, except as modified herein. 9. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 7r.n12OD3- 1113047 Ver: a'. DWEHA ~Q No..l2.OCS-003-PPHS.2fIg02 > , ! ; ! ! ~ > ~g~ ~ 0000 ooo~ ~> ~. ~~ ~i g!f" ~~~ I 01;;10. 12!~::: ~",2t -'a I~"''' ill ,,~ " !6~~~ <xIBfIlI.,. ~ " "" " . ,,~~ < ~ ~ ~ ~ " E 00 " .. ~~ ~ ::0 "'Q)> < ~ W~ ~ 0 0 co ~ " :ic:m n i= ~ C~ ~ ~ 0 M --<10;::;:0::01;") 91~~ ~ .lI'~ ~ r; ~ ,0 0 ~ r O-'-':J>'" ITl > ~ ~ ~~ ~ ~:!1~!!)~n >-> r ~ $~ ~ ~ 8 0 ~ ~ r-g~~r~ ,-()- () , ~ ~ .Vl:::j ~ ~ ~r ~ C 6 Mp n n 6 z " 0 ~ >- tJ ::u~nM ~ Z ~ ~~ 3 ~ r GZ Z ~ 6 co ,...,zo;:o =i~ O' ., lJ:..=.!.~n " ~ ~ 1/Il"11""1 ,..., r.;;!f5 s: , 0 r::::C::!l ::0 ~ s: . 8~~g 0 ~z ~ o~ z c ~< 0 0' ~ , ~ z ;:0 ..~ ~ Z ~~ ~ c~ ~ " "~ ~ ~ r ~ " ~ . c ~. ~ ~ 0 ~ ~ ~n i E ~ ffi3 Fl >.~ c ~r " Z >~ r- 0 r N ~ N, "" O~~ o~ i5Y' s: ~ g~~g~ 000 00 000 Z ~ 0000 000 N ." 00000 GOO I~ IIllllVlllllll ~~~ i: :: . N . . . w ~ 9 oop ppp N " o~ ~ ~ ~ 0 0 " ~ 00 w ~ 0 " " ;I;I::!::J:J ;I;J::! > > > > > > > ~ > > 0 0 0 on 0 0 0 0 Agenda Item No. 17A June 22, 2010 Page 122 of 13 > , I g ]r I~~r~~~l !i1);\IJi]UIIDU1i' fiJ MASTER CONCEPT Pl.AN 1-II=RfTAn.C. CAV I W1~!Bt UI ~: " " I 'i 1 ri 1:/' 4.1 1 I, ~! :1 p , I ) 1 " I. 1/ I, " 1/ II Ii 'I "I l ----- c::::J C:=J \ -~ c..- i.,~~) - " " pi' ,- ~~.i: :'H ;1 ~~~ !:i IIi ,/ ,. ':i i~, ( :~ , , ~~ I"~ ,0. o. 0:1 ,I JH' ~; ~; ,;;;;;5 ~.~ 0' .- ~~~ c. " g~i .; ~ " /1 I il '~ ~i ~! ;. " ;1 S~ ~,. ~~ 51 ~~ a ,. " t~ '0 0' ~ ~ ~ ~ 01 1/ d : ~ '0 d ~8 g! ~: !I q ;.~ l JI " !! ! " , -, '. ~~ ,. -' ~? " 1 Pi " o' ~ >;:5 ~Q i.~ !~ :'g I" ~ . I! "g " c " -! Agenda Item No. 17A June 22 2010 Page 123 of 137 ~m[mm I ~lXOOUOOU'jj @ BlCYCl..E\I'EDe8'nt PlAN I-ERITAGE SAY I~ t-..,._.~_ <(O/'-. /'-.~(V) ~O~ .N_ o .0 ;7-'" '" '" ~ , . OJ =:::;'cn '" -, '" -0 0.. c OJ Ol <( III I I I~i pi I I ~ Q:l -------------, ~ I , ill, , ~ '>- ~ ~'"' 9 Q:l ~8 8 i ~ o,u 1I11~1 Ul=: 1,6 '"11':) fJJ'~ fJJ'.....l .....l,.....l !:: 11I1 ,0 !XI~~ ,U ~~i~ , lil "'!Il~ ~ :1:1 CIA'1El NVOO'1 r 0 rI} ~ 1:Utl1l ::= =.. j C1- =~ ,L 3.L V.LSlI3.LNI I~ I <(Of'-. f'-.~(") ~O~ N_ O ~ 0 ZN", NN Ea>~ a>ea> =::1cn '" -, '" -a 0- c a> OJ <( - .............. J ul d I " ~I I ,. I 0 ~ 1 " ~ J -, /. '1 .11 I I j " w j I ::; . I 00 z I I f--I 0 Vl' I ~ J ZVl u 0::> i= '" "">- Uill ~ 0 --'0 x~ w 0", --'> "':> --'0 "-", "'" w'" ~~ i "'''- -", --,"- N_ I ~ ",,"" "'0 z '" ~w 1:'- 0 ~ ~ "-ill in x ~ ~ ~ ~- g ",0 '<:':' '" " ~ ~~ ~2 o~ "'~ "-~ ~ ~ ~- ~- ~ ' . ""8 . Q ~- , ~x ~t: I dg !ll '<- !r , . x ~w I ! .~i 'i: <(01'-- I'--~'" ~O~ N_ O ~ 0 7,t:\Ico ...., =~~ "" '" -0 a.. C Q) OJ <( ~ I I I I I I I I I I I I I I " t::::) i i '" z>- om ;= <(0 uw 0> -'0 Q: -'0. W -'o.~ ~<o wI -'m <( . ~o~ "-....=> '" z o 5 o -' ...J ...J W ~ ...J .. ;= z w .... o 0. >- ij)~ Q w ~t:: z o ;= 0. o I <to.... ....~M ~o~ .N_ o .0 ZN.... NN EOJ~ OJ "OJ ':::::::lO'J ",-' '" 1:) a.. c: OJ OJ <t ~ ... '" o '" ... ... o '" ~ .... <Il '" '" ... '" '" o U ... o ,.. .... 13 o U " .<: .u " o .... 'tl <: .. <: ..... " .u " " o U .... o .... " " .... U ~ U o '" III '" .... 6 ... :>: '" ... >. ,Q " " " .<: o 'tl .. 'C .... " o .... ... >; .u <: " o U " " ..... .... .... o U .u .... " u " .... U .... .. .... u .... 'C " " .<: .u " .... .u " " :- .... .... o >. c. o u " " " .u .. " ..... '" <: ..... o '" " " o .... " .<: .u .u .. .<: .u >. .... -... .u " " u o ... , ,., o o N o z '" U ~ ... c '" o " o " " " <: o -... " " -... ~ o U >. .u <: " o U .... o 'C " .. o III " .<: .u >. ,Q 'tl " .u C. o 'tl .. " .. :- .<: u -... .<: :>: <: o ..... " " " <Il " .. .... " '" " '" 8' ..... " " 'C ,., o o N >. .... " " .... o >. .. 'C .<: .u '" N " .<: .u .... o 'C " .. o III " .<: .u .... o .... .. " " .... .. ..... u .... .... .... o " .<: .u 'tl <: .. 'C <: .. .<: ,., E <Il <Il '" I:: ... :>: ~ Ll ,., .. 'C .<: .u '" " ..... .<: .u .... " " ........ U 0 'C 'C I-t-\ .-_1'''': .41".......: ~'" ~ k 4).\,.'"' If-.. ~[7]. "'0:. .. "'=,"$ "..... Jio. "."- o:~o:;: I"f)~ .......~~ ll4 m j:l[oW. ,\'ii:-II 4......_ U.u '''"1' . ,......... :..: :il ~ ~!;;.;~~;J51 : ~ ta:.~~l'ij 0"" ...."1 -"tf (1h,.. f.l \I-l >. I. ""~.'~ =.!<\I-l.&.J t.'.l J.j 0 a 1-1 lV I ::I .. ~,....{ X' 0 >. QUtI1tJ ~ .. 'C .... " o .... ... ,., .u <: " o U " " ..... .... .... o U .... o " " " <: o ..... " " .... ~ o U ,., .u " " o U ,., o o N .u .. " or ~ .... o <tor-- r--~(V) ~o~ .N_ o _0 ;?-.0J CO '" ~ ! I ! , .Iiii, :1 ~ -~ ~(., ~ i ...-" ?; ~ ~ I II II " Q) ro....,~ "0 0.. c Q) '" <t ~ I i ~. t ~~.. ,..Jg1 ~~e! ----.j " i\-).~ j :~o. :-"~~U;; _:1. ,;::. ; I ~ ~+ , ;:. [~ 1,;1' , }II; i ~ ~I !' Lj, ~ " ~ j' ;:i ~. "I _ ,'C~. i !~: b. tr ~i~" g-l ~ , Ii;' 1 !I. lj'i! '5 ~l': ! · ;'C1 I,!; ~.:!!!! Iii I' ~ -,r. {..". II!l! J!,l!;ji " lJj "'1' i /1':'1' ~.. ">,.-. !~~~ t~~~~~~ , ';~ a~~ ! - t I: 'I ill' - ;",L~ -. . I u .1~\1!' ti;o, Tl ~Ii i ~I J ...e"', ~ -", '. ~ a ~ ~~ .~ II!i !!! ~!~ s' ;I! ~i ~-'~:,___ ',n \\ h i \\ ~:; \\ 'l ''':'~i ~,u " " "I" I-~l" !.! "i! ~I Ii, ~ ~I, , IL9 1 ' , , ';'1" Y -. ~. ~' . 'I ' .1, ,Iii 1 ~ el" ~; ~: I:: '" ~: "j "-1' .J ,;1,. ii" Ih1. ; t.n ;/.,;liiiW ; ";: ~ H~: : J, s_~' 'r-l I, ~ HilI ~ ~ ~! ~: ~ il' 1'1' "'Fl,'. ;'Ii, ;,i ~~ ~ ~~;".~. , ,~ a. " " l- en, ~ ~ - ~ U) ~ ~ : ;;;: i ~ ~ >- g ! -< I' a::I ~ oj ~ ~ ~ ~ -< ' . ... ~ ill, w :r ~ t ,I 'i I, ~~ Iii ilK:' II! I " II 'Iii ~ il!!" I if 11 III I~ :!" .,. Q cO ~ :;; > r ~ m <tor-- r--~M ~o~ .N_ o "0 ZN", NN E",~ "'C'" ~:::l0) C1l -, C1l " Q. c '" '" <t ~:~ -<<.<,. - ~ ~+ 8Z ~~ IO ~~ <2 I< . . 8 " ,. I' ~ < "' '~. ' , , . " , . , " ::; ~ ~ . " F " " 0 ~. " , 0 ~ ~ " S a " ~ , < < ,,' (03dOTh'l30Nn) aJNOZ W!:lrulnOI!:l~\I - 'I (lYllN301S]l:l ON\! ,UJ:lSl:lm<l) G3NOZ lVl:lfU.ln::mlO'o' - 'I i--- -->, / i~ -' .J j -j I- Z cu " " " z:: .- cu, ''h " /:) ri ~ ~ ~- g >- ~ ' "'. '"w cus "," '" ~ i I cu :r I i ~L, '0 .!iI" ij ~ ~~~!I ,5 'lh1i' ~ f ~~n 11/ i'I!'!!" i 1"'."1' ii~ .," -, Ii! . J I I' I~' T -4+S~ u oj ~ ~ w > , < rn Agenda item No. 17A June 22, 2010 Page 130 of 137 ORDINANCE NO. 10 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO, 03-40, THE HERITAGE BAY PLANNED UNIT DEVELOPMENT (PUD), BY AMENDING SECTION 2.24 OF THE PUD DOCUMENT TO ADD PARAGRAPH "F" TO REFERENCE DEVELOPMENT STANDARDS FOR TOWNHOUSE UNITS DEVELOPED ON AC/R3 LANDS; BY AMENDING SECTION III, RESIDENTIAL DISTRICTS TO ADD TABLE "2A", DEVELOPMENT STANDARDS FOR AC/R3 RESIDENTIAL DISTRICT; BY AMENDING SECTION 3.6A OF THE PUD DOCUMENT TO REFERENCE TABLE 2A AND THE AC/R3 DISTRICT; BY ADDING SECTION 1.10 OF THE PUD DOCUMENT ALLOWING DEVIATIONS FROM THE LAND DEVELOPMENT CODE (LDe) SECTIONS 6,06,0I.B AND 6,06.01.01(0) REGARDING STANDARD ROAD SECTIONS AND ROAD WIDTH, BY ALLOWING A DEVIATION FROM LDC SECTION 4.05.02.F TO ALLOW BACKOUT PARKING, BY ALLOWING DEVIATIONS FROM LDC SECTIONS 4,05,02.1 AND 4,05.03 REGARDING SAME-LOT PARKING FACILITIES TO ALLOW PARKING WITHIN EASEMENTS DEDICATED TO ALL RESIDENTS; BY AMENDING SECTION 3.6.D OF THE PUD DOCUMENT TO ADD SUBPARAGRAPH "I" REGARDING BACKOUT PARKING; BY ADDING EXHIBIT A-I TO SHOW THE SITE PLAN; BY ADDING EXHIBIT A-2 TO REFLECT THE AREA WHERE THE AMENDMENT IS AFFECTED; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, on July 29, 2003, the Board of County Commissioners approved Ordinance No. 03-40, which established the Heritage Bay Planned Unit Development (PUD); and WHEREAS, David R. Underhill of Banks Engineering and R. Bruce Anderson of Roetzel & Andress, LP A, representing Lennar Homes LLC, petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance 03-40, the Heritage Bay Planned Unit Development. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: PUDA-PL2009-1499 REV. 5/20/10 Words smek lh:eHgh are deleted; words underlined are added Page I of 5 Agenda Item No. 17A June 22, 2010 Page 131 of 137 SECTION ONE: AMENDMENT TO SECTION 2.24 OF THE PUD DOCUMENT OF ORDINANCE NO. 03-40 TO ADD PARAGRAPH "F" Section 2.24 of the "Heritage Bay" PUD Document attached as Exhibit "A" to Ordinance No. 03-40 is hereby amended to add Paragraph "F" as follows: F, Townhouse units developed on the "AC/R3" lands mav be constructed utilizin~ the develooment standards set forth in Table 2. and/or utilizinll the develooment standards set forth below in Table 2A. SECTION TWO: AMENDMENT TO PUD DOCUMENT OF ORDINANCE NO. 03-40 TO ADD "TABLE 2A DEVELOPMENT STANDARDS FOR AC/R3 RESIDENTIAL DISTRICT" Section III, Residential Districts, of the "Heritage Bay" PUD Document attached as Exhibit "A" to Ordinance No. 03-40 is hereby amended to add Table 2A as follows: TABLE 2A DEVELOPMENT STANDARDS FOR AC/R3 RESIDENTIAL DISTRICT SINGLE MULTI FAMILY DWELLINGS FAMILY ATIACHED& Low"Rlse TOWNHOUSE Minimum Lot Area 600 so. ft. 10,000 so. ft. Minimum Lot Width 13ft. 100ft. Min. Averaae Site Death' 20 ft WL.fh Accessorv/PrinciDal Oft.lO ft. 15 ft. Garaoe Front/Side 23 ft.l10 ft. 23 ft.l10 ft. Front Yard Entrv Setback 1,6 Garaoe or CarDor! on Parkina Lot NIA Oft. Accesswav Rear Yard PrlnclDal Oft. 10 ft. Setback' Accessorv2 , , Oft. 10 ft. Side Yard Setback Oft. or7l-\ ft. l-\ the Buildino Heioht PrinciDal & Accessorv""'" Preserve PrinciDal i 25 ft. 25 ft. Setback Accessorv I 10 ft. 10 ft. PUDA-PL2009-1499 REV. 5/20/1 0 Words '\rusk 1IH...gh are deleted; words underlined are added Page 2 of5 Agenda Item No. 17A June 22, 2010 Page 132 of 137 Maximum Helaht' M..!l. 22ll. Distance Between Prlncloal Structures 1Qlt. l-\ the Sum of the Buildina Helahts Minimum Floor Area 750 sa. It, 750 sa. It. 1. Front verds for dwellinas and side-entry oaraaes are measured from back of curb, or edae of oavement (if not curbed) or from the rioht of wev line whichever is less restrictive. Front vards for e front-loaded oeraoe . are measured from aaraae door to back of curb. ados of oavement or sidewalk. whichever is closer to the oaraoe door. 2 Where adiacent to a lake (measured from too of bank) or ocen scace reduced to 0 feet 3. BulldinQ heioht - See Section 1-8. 4, All zero lot line units In a series shall have a D-foot side setback on the seme side of the lot. The zero foot setback side may chance onlv If a minimum 10 foot wide Bosee is orovided in the form of an easement oolf course crossino or the like. which seoarete the lots. 5 Guesthouses or cebane bedrooms are subiect to the setback reouirements for arinciaal structures, 6. The side corner setback shali be the same as the reQuired side arincioal structure setback 7. Site death averaoe - determined bv dividinQ the site erea bv the site width, SECTION THREE: AMENDMENT TO SECTION 3.6.A OF THE PUD DOCUMENT OF ORDINANCE NO. 03-40 Section 3.6.A. of the "Heritage Bay" PUD Document attached as Exhibit "A" to Ordinance No, 03-40 is hereby amended as follows: A. Table!! I, and table 2 and 2A set forth the development standards for land uses within the "RI", "R2", "R3" and "R4" and ACIR3 Districts, with Table 2A pertaining to AC/R3 District onlv, SECTION FOUR: AMENDMENT TO SECTION 1 OF THE PUD DOCUMENT OF ORDINANCE NO. 03-40 TO ADD SECTION 1.10, PROVIDING FOR DEVIATIONS FROM THE LAND DEVELOPMENT CODE Section I, Legal Description, Property Ownership and General Description, of the "Heritage Bay" PUD Document attached as Exhibit "A" to Ordinance No. 03-40 is hereby amended to add Section 1.1 0 as follows: 1.1 0 The following deviations from the Land Development Code are approved for AC/R3 District onlv: A. From Sections 6.06.0I.B and 6,06,01.0. which reouire compliance with the standard road section in Appendix B of the LDC and allowing a 75-foot wide right-of-wav with on street parking. PUDA-PL2009-1499 REV. 5120/10 Words otruel< tAreugh are deleted; words underlined are added Page 3 of5 Agenda Item No. 17A June 22, 2010 Page 133 of 137 B. From LDC Section 4.05.02.F which states no motor vehicle shall have to back onto any street from an off-street parking facility. C, From Sections 4.05.02,] and 4,05.03. which require all off-street parking facilities to be located on the same lot thev serve to allow the parking for the proiect to be located within parking easements dedicated to all residents. SECTION FIVE: AMENDMENT TO SECTION 3.6.D OF PUD DOCUMENT OF ORDINANCE NO. 03-40 TO ADD SUBPARAGRAPH "I" Section 3,6,D of the "Heritage Bay" PUD Document attached as Exhibit "A" to Ordinance No, 03-40 is hereby amended to add Subparagraph "1" as follows: 1. Known deviations from existing parking regulations have been approved for the AC/R3 District to allow a 24-foot right-of-wav. to allow parked cars to back out onto the roadway within parking easements instead of having all parking facilities on the same lot served, SECTION SIX: AMENDMENT TO PUD DOCUMENT OF ORDINANCE NO. 03-40 TO ADD EXHIBIT A-I, SITE PLAN Exhibit A-I, Site Plan, is hereby added to the "Heritage Bay" PUD Document and is attached hereto and incorporated herein by reference. SECTION SEVEN: AMENDMENT TO PUD DOCUMENT OF ORDINANCE NO. 03-40 TO ADD EXHIBIT A-2, AFFECTED AREA Exhibit A-2, Affected Area, is hereby added to the "Heritage Bay" PUD Document and is attached hereto and incorporated herein by reference. SECTION EIGHT: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State, PUDA-PL2009-1499 REV. 5120110 Words 'truel, tbrowgh are deleted; words underlined are added Page 4 of5 Agenda Item No. 17 A June 22, 2010 Page 134 of 137 PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida, this _ day of ,2010, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency: Steven T, Williams Assistant County Attorney 'l1't~ .lo Attachments: Exhibit A-I - Site Plan Exhibit A-2 - Affected Area CP\09-CPS-0 1 000\54 PUDA-PL2009-1499 REV. 5/20110 Words strue" threugh are deleted: words underlined are added Page 5 of5 II . ~ ,~ ~t <" ~-- . . m ; ~,- I~ . I " I Iii. , , t ;1 S., IIi . , . . . - i---- .+ ,Pi; , I , , , , .: il . 'I. ~il- ; !: , ,. ii' i ~ f ii- i- ,I 1- L_.. _ ____ ______~ EXHIBIT j 11-{ Agenda Item No. 17A June 22, 2010 137 l! ,'W ~Iin ~ . t~1 I, ~ ~ J /' !i II! 'i Ii' I · l.. L I I, " , '" ;I! l' Wi : I ~ 1 'j . ~ i ,i J It U 1 I' ( I 1--- h, II / ii I, .11 11' "Ih' ;I Iii; ( ~ J-t~i 4 .~. II \ Wi~" I!!! ;\ . ~ . \ \ , , J.. '., ....}9::: jj ) , i ~ " ,. : . ': " ':.Jl.' .'....J..I.,;! ;;) 1" ~ .j t I id::; I ',. !'l'l'-<' I! \ ." . 'i: 'G., '.Il'l . "I' i ~':,,}; ~~ d I '0 Il.. i' tI ~~ ji - , 'i:: I, ,: 'I" ~..t(;i' .' I;. ~ I~II . , 1 .-.~ /.,,' -ie ,J i'~ :1 "- u ,. , .- S2a .... - i en ~ I 'I! ;: i! I >- e ! ~ ~ I; l!l ~ . I <( . ... ~ I~ UJ :c ~ = ,I 'I . I, " ,- " " ~ "I' jl" ' "d ]1" Ii,. . II!; Ii!!, il"!~ 'II! I ';Ii ',Ii il!~!!; !', ~ td'!l' '!l, j'i! . II,: I' I!" :1 'Ii , III o :j ... ~ ~ < ~ +l , (!. -': . No 17A Agenda Item 22 '2010 June . 137 Pa e 13 ,'1 ;, l' Lf',;:; w~ ';t<:l: ,O~ Ciz "'w "::::.:s: :t~ ",W ~" I< 1&'1 . . ::IW of .' ,., , I' ., ,.,. ,.t' : ; : ~ : . I , : " Of : : : : , ~ : : : . , : ; : ",.j, ,," ,. ",.,., """,.,. '"' '~"1'" 0"" "., ,., II.. '8, "" :""':::.." ':,,,,,:::...~,,.,, . ""::,," .::::"" ':,,'" " ""....," ""'''"", ".;;0, d':::"":::::,,.::::.,,::: ,,: ,~. . t.,. '" "~ ,.,. '0" ,.,. , . . . , . I : : : . , . , . I ~. , , . ., ': < I" '::.", ,. :::".t .:: jl" ., ':., I ...,; .,.'.' ;:. Of' ,., '0' Of. ,.1., ,., ":;::.,.~;::",,:,,, .., "" .,.,. " ~:~:,,,,:::, ,If' .,.," ::,",,, ""':.",., I':: : : : : : . I , : ; : " " f , , , I : : ~ : , . ,,, : : , """" ",. :.,. .' ::" ""':.", : ; " . : : : : : : . , ; : : ,.'::, '<.':: :.,. : : : " : : : : : , . , : : i! ~ : : ; : : . , . I : : : ~ , , , II: . , . : : : : : : , , . ~ :~ : i : : : , " : : : : : : , . , : iii ,.. ";"'f oj ,'::', r= : : : : : . . . : : : : " . I It"., l>-: I 'I"": '.f";.,.t., ;',:. "'" .",. I ,.,., ",., ';.",., :::.,.,. ~ . , . , . , : . , , , , , : : ....,., I'::" "":.. ~ ' : ~ : . ! " : : ; : : . j , .. : . 1 . ~ : : " .. " : : : : a : : : : " , . : : ~; j 1 . , ~ . , , . ., .: , . , ,. , . . ~ :;:: ~ : : : : : : : : : : ; : : : : " : : : ; : : : . , : ' . . . : : " 'I :::;" , . , . , . , . , . , (03dO'i^3(J~fl) _ y 03NCZ 1Ylll\LlflOllltlY " .( f- Z III ? o <( W D::: <C I EXHIBIT Il..L 11 L. L.cJ """:::;: ~ <t .... z o. W '" 51 1- w, . :Ii ~ i i o. , 6 ~ i! i , 8- . ~! II wi Ii ~ Ii .. . ~ II ,I 'j i ,)I.! . . !!ii , Jill:" i Jll"l S"hr 'Ii I ! :: i " ~ ~ ...J ~ l ~; t- ~ ~::. ~ [l ~ ~;~ ~Hf! m_ , i Agenda Item No. 17A 20D · Sunday June 6 2010. Naples Daily N.....JjJne 22, 2010 " 'T':l'fl'e 137 of 137 .,','0'-0'...- ...,."....,._.~..",," ..~...__"....~,,_^_.. .,~ "...._"'.^_._._~_..~..N' '.' NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, June 22. 2010, in thf Boardroom, 3rd Floor, Administration Building. Collier County Government Center, 3301 East Ta- miami Trail. Naples, Florida, the' Board of County Commissioners will consider the enactment of a County Ordinance, The meeting will CQmmence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLUER COUN- TY, FLORIDA, AMENDING ORDINANCE NO. 03-40, THE HERITAGE BAY PLANNED UNIT DEVELOPMENT (PUDI, BY AMENDING SECTION 2.24 OF THE PUD DOCUMENT TO AOD PARAGRAPH "F" TO REFERENCE DEVELOPMENT STANDARDS FOR TOWN- HOUSE UNITS DEVELOPED ON AClR3 LANDS; BY AMENDING SECTION III; -F{ESIDEN. TIAL DISTRlm TO ADD TABLE "2A", DEVELOPMENT STANDARDS FOR AClR3 RESI- DENTIAL DISTRICT; BY AMENDING SECTION 3.6A OF THE PUD DOCUMENT TO RE- FERENCE TABLE 2A AND THE AGR3 DISTRICT; BY ADDING SECTION 1.10 OF THE PUD DOCUMENT ALLOWING DEVlATlONS FROM THE LAND DEVELOPMENT CODE (lDC) SE(;TIONS ,6.06.01.B AND 6,06.01.01(0) REGARDING STANDARD ROAD SEC- ...TlONS AND ROAD WIDTH, BY ALLOWING A DEVIA1rON FROM IDC SECTION . 4.05.02.F .TO ALLOW BACKOUT PARKING, BY ALLOWING' DEVIATIONS FROM .LDC ,jiEf;1JQ/lSfll.OS,02.J AND 4:05.03 'E_DtNli:6<\~KING FAC~' . ES TO.AL- ,lll1tlW'P'AllKINGci-WITHIN ,EASEMENTS J:1EDICA'IlEIl'_'l/~ESIDENTS; .'. ENDIl!lG S~CTION1:6.D 'Of THE PUD DOCUMENT TO ADD SUBPARAGRAPH "1"'. ARDlNG BACKOUT PARKING; BY ADDING EXHIBIT A-1 TO SHOW THE SITE PLAN; BY ADDING EXHIBIT A-2 TO REFLECT THE AREA WHERE THE AMENDMENT IS AFFECTED; AND PROVIDING AN EFFECTIVE DATE. , Petition: PUDA-PL2009-1499, Lennar Homes, LlC, represented by David R. Underhill, Jr. of Banks Engineering and R. Bruce Anderson, Esquire of Roetzel & Andress. LPA. is requesting an amendment to the He~itage Bay Planned Unit Development (PUD Ordinance No. 03-40) to add additional development standards for the AClR3 des- ignated area on the Master Plan to allow townhouse units, by amending Section 2.24, to add item F and by adding Table 2A. by allowing devlatil'ns from the land Development Code (We) Sections 6.06.01.8 and 6.06.01.01(O)regarding standard road section and road width; by allowing a deviation from Loe Section 4.0S.02.F to allow back out park.ing; and by allowing deviations from LOC Sections 4.05.02J and 4.05.03 ,regarding same-lot parking facilities to allow parking within easements dedicated to all residents; by adding Exhibit A-1 to show the layout; by adding Ex- hibit A.2 to reflect the area wherein the' amendment is effectIve; and by adding any other stiplIlations or regulations that may result from the amend~ent process pertaining to the 264 acre AClR3 designated area Within the 2,562 ,acre Heritage Bay PUD project. The AClR3 subject property is located in Section 23, Township 48 South, Range 26 East, Collier County, Florida. The subject 2,562' acres (the entire Heritage Bay PUD) is located on the north side of Immokatee Road (SR 846) east of Collier Boulevard (CR 951), in Sections 13, 14, 23, and 24, Townsnip 48 South, Range 26 East, Collier County, Florida. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on anr agenda item must register with the County admmistrator prior to presentation 0 the agenda item to be addressed. Ih- dividual speakers will, be limited to 3 minutes on any item. The selection of an indi- vidual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to. have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven day-s prior to the public hearing. All material used in presentations before the Board WIll become a permanent part of the record. Any person who decides 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 needs any accommodation in order to par- tiCipate in this proceeding; you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Depart- ment, located at 3301 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: Ann Jennejohn, Deputy Clerk ISEAL) Jllnp h '010 Nn1Rl;l;4h7