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Backup Documents 11/13/2012 Item # 9C[9C COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please publish the following Normal Legal Advertisement on Friday, October 17, 2012, and furnish proof of publication to the attention of Kay Deselem, Principal Planner in the Planning & Zoning Department, Zoning Services, 2800 North Horseshoe Drive, Naples, Florida 34104. Originating Dept/ Div: GMD /Planning & Zoning Person: Kay Deselem, Principal Planner Date: October 16, 2012 Petition No. DOA- PL20120001160: THE TOWN OF AVE MARIA Petitioner: (Name & Addre ): ,Barron Collier Partnership,, LLLP & AMULT, LLC; 2600 Golden Gate Pkwy, Ste. 200; Naples, FL 34105; and MIKES Collier Holdings, LLC; 1370 Creekside Parkway; Naples, FL 34108; and Ode Maria Development LLLP; 2600 Golden Gate Pkwy.; Naples, FL 34101 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet): John M. Pamidomo, Esq.; Cheffy Passidomo; 821 Fifth Ave S., Suite 201; Naples, FL 34102 and Alexis Crespo, AICP; Waldrop Engineering, P.A.; 28100 Bonita Grande Dr., Suite 305; Bonita Springs, FL 34135 Hearing before: X BCC BZA Other Requested Hearing date: Tuesday, November 13, 2012. Based on advertisement appearing 20 days before hearing. Newspaper(s) to be used: Naples Daily News Proposed Text: See Attached Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? X Yes, No. If Yes, what account should be charged for advertising costs: Department: Planning & Zoning, Zoning Services; Fund & Cost Center: 131 - 138326 - 649100-00000; Purchase Order Number: 4500140024; Account Number: 068779 Reviewed by: /-I. �d- - bivisioradministrator or Designee Date List Attachments: Resolution DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA. Initiating person to complete one copy and obtain .Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: Requesting Division Original Clerk's Office Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *#* k# k* k«« k**«*«***« k« k##**# k**«# k* k«* k« k«*«**««** k*****«* k«* k# k«* k# k« kk « « # « « « « « « « *k « *k * « « *k « # * *kk « « *« FOR CLERK'S OFFf ' : i.l E ONLY: / [� Date Received: Date of Public Hearing. �t l3 Date Advertised: 1D 2 7 Updated per Laura Wells w12012 fiscal year PO number 10 -15 -12 G 9C DEVELOPMENT ORDER NO. 12- RESOLUTION NO. 12- A RESOLUTION AMENDING RESOLUTION NUMBER 05- 235 (DEVELOPMENT ORDER NO. 05 -01), AS AMENDED BY RESOLUTION NO 11 -132 (DEVELOPMENT ORDER 11 -03), FOR THE TOWN OF AVE MARIA DEVELOPMENT OF REGIONAL IMPACT ( "DRI ") LOCATED IN SECTIONS 31 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST AND SECTIONS 4 THROUGH 9 AND 16 THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST IN COLLIER COUNTY, FLORIDA BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY REVISING EXHIBIT "C" AND MAP "H" CONTAINED IN THE DRI DEVELOPMENT ORDER TO ADD AN ACCESS POINT ON OIL WELL ROAD; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEPARTMENT OF ECONOMIC OPPORTUNITY AND EFFECTIVE DATE. (PETITION DOA- PL20120001160) WHEREAS, the Board of County Commissioners of Collier County, Florida approved Resolution No. 05 -235 (Development Order No. 05 -01) which approved a Development of Regional Impact (DRI) known as the Town of Ave Maria DRI on June 14, 2005; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth as Exhibit "A" to Resolution No. 05 -235 (Development Order No. 05 -01), as amended, to correct a scrivener's error by kesol'ution No. 05 -377 adopted on November 1, 2005; and WHEREAS, the Town of Ave Maria DRI was amended by Resolution Nos. 08 -153 (Development Order 08 -01) which revised the Development Order relative to the Affordable Housing Section and 11 -132 (Development Order 11 -03) which revised Development Order Exhibit Ave Maria/DOA- PL20120001160 Rev 8/1/12 1 Of 5 Words stue64weu0 are deleted; words underlined are added. ,�} V l► 3 "C" and Map "H" by dividing Town Center 2 into Town Center 2a and Town Center 2b, relocating Town Center 2b to Oil Well Road, and relocating an access point on Oil Well Road; and WHEREAS, RES Collier Holdings LLC has petitioned the Board of County Commissioners to amend the Town of Ave Maria Development Order by revising Exhibit "C" and Map "H" contained in the DRI Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the proposed amendment and held a public hearing on and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the proposed amendment and the report of the Collier County Planning Commission and held a public hearing on NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO DEVELOPMENT ORDER AND MASTER PLAN Map "H" and Exhibit "C" contained in the DRI Development Order, Resolution No. 05 -235 (Development Order 05 -01), as amended by Resolution No. 11 -132, (Development Order 11 -03), the Master Concept Plan, are hereby amended and attached to this Resolution as Exhibit "A ". SECTION TWO: FINDINGS OF FACT 1. The proposed changes to the previously approved DRI, individually or cumulatively with any previous change, do not constitute a substantial deviation under Subsections 380.06(19)(b) through (e), Florida Statutes, and do not exceed any other criterion for additional development of regional impact review. 2. The proposed changes to the previously approved DRI are in accordance with Subsection 380.06(19)(e)1., F loridd Statutes. Ave MariaWA- PL20120001160 Rev 8 /1 /12 2 of 5 Words stf� are deleted; words underlined are added. 9C 3. The applicant submitted to the County the application and materials required for amendment of a development order in accordance with the local government procedures in accordance with Section 380.06, Florida Statutes. 4. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments, and has established that the changes in Map "H" and Exhibit "C" contained in the DRI Development Order result in no additional overall project impacts. 5. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes. 6. No increase in overall development intensity is authorized by this Development Order. SECTION THREE: CONCLUSIONS OF LAW 1. The proposed changes to the previously approved Development Order, either individually or cumulatively with previous changes, do not constitute substantial deviations under Section 380.06(19)(b) through (e), Florida Statutes, and a notice of proposed change was provided by petitioner pursuant to Subsection 380.06(19)(e)I ., Florida Statutes. 2. The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. 3. The proposed changes to the previously approved development are consistent with the Collier County Growth Management Plan and the Collier County Land Development Code adopted pursuant thereto. 4. The proposed changes to the previously approved development are consistent with the State Comprehensive Plan. Ave Maria/DOA- PL.20120001160 Rev 811/12 3 of 5 Words s&ae#-tlpeagh are deleted; words u tl lined are added. f 9 J { 5. The proposed changes to the previously approved development do not constitute a substantial deviation, do not require further development of regional impact review, and are otherwise approved. 6. This resolution shall be considered an amendment to the development order incorporating the approved change to the previously approved development. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEO AND EFFECTIVE DATE 1. Except as amended hereby, Development Order No. 05 -01, as amended, shall remain in full force and effect, binding in accordance with its terms on all parties thereto. This amended Development Order shall take precedence over any of the applicable provisions of previous development orders which are in conflict herewith. 2. Copies of this Development Order (Resolution) shall be transmitted immediately upon execution to the Department of Economic Opportunity and the Southwest Florida Regional Planning Council. 3. This Resolution shall take effect as provided by law. Board. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted this majority vote. ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk day of , 2012 after motion, second, and BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Im FRED W. COYLE, Chairman Ave Maria/DOA- PL20120001160 Rev 8/1/12 4 of 5 Words std are deleted; words underlined are added. Approved as to form and legal sufficiency: Heidi Ashton -Cicko Managing Assistant County Attorney Attachment: Exhibit A - SRA Master Plan CP \12- CPS -01171 \13 Ave Maria/DOA- PL20120001160 Rev 8/1112 5 of 5 Words aFeek4kveu& are deleted; words underlined are added. N 1 „ „ I, „ in vu , WRA [- `_-_ \ 0 HSA r �� 0 1 i WRA — — 'I l ,I I, „ HS 0 1 P CF R P FSA (i�- % AMU L R R ii u u L n �� M Ir A 1 �- " " -. "R R AMU R M n R R R n AMU R B Y R R ii T3 R CJ R n m n fR W "D WRA :1 n� u in CF M R I, p R FSA O P R u v R 10 , R L R " u n ` O WRA R n WRA n Q D R R it u u u n u u u 0 B u M R u HSA O u -- ------ --- - - - -9J1 _tKEl - ------- - - - - -- - - -- - PREVIOUS DRI LAND USE SUMMARY (DRI LAND USE SUMMARY OFF -SITE RLSA DESIGNATIONS UNIVERSITY) SCHOOLS 959 AC I AhZ 1 UNIVERSITY I SCHOOLS 956AC FSA RLSAFLOWWAY STEWARDSHIP AREA RESIDENTIAL 3, 115 AC p RESIDENTIAL 3.01BAC F;Ul RLSA WATER RETENTION AREA MIXED USE 321 AC O M0(ED USE' 423 AC HSA MSA KRWAT STEWARDSHIP AREA COMMUNITY FACLITY 04 AC Fc—r - I OOMMUNITYPACLRY 91 AC F---1 RLSA OPEN WETLAND PRESERVE 67 AC O WETLAND PRESERVE 02 AC PARK 71 AC O PARK 74 AC LAKE I PARKS 170 AC ® LAKE I PARKS - 175 AC ROADWAYS 737 AC sacloB>r ROADWAYS 237 AC DRI BOUNDARY 5,947 AC TwntmiRB DRI BOUNDARY 5.wT AC 4ow w+o vet LUSST,CATION$ Ara ADPEABES S+aN„ _ ABOVE MAY ►avo /E B,TEAR— STRUM LAMES. ore" , RIN PACE. ENGINEEG A "D OTHER SUPPOnnvO IISES. TOWMOi AVE NMN 9� E9C ORDINANCE NO, 12- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2009 -21, THE MIRASOL RESIDENTIAL PLANNED UNIT DEVELOPMENT, BY INCREASING THE PERMISSIBLE NUMBER OF DWELLING UNITS FROM 799 TO 1,121; BY AMENDING ORDINANCE NUMBER 2004 -41, THE COLLIER COUNTY LAND DEVELOPMENT CODE BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL, 95 +/- ACRES OF LAND ZONED RURAL AGRICULTURAL (A) TO THE MIRASOL RPUD; BY REVISING THE DEVELOPMENT STANDARDS; BY AMENDING THE MASTER PLAN; AND ADDING DEVIATIONS AND REVISING DEVELOPER COMMITMENTS. THE PROPERTY IS LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD (CR 846) BORDERED ON THE EAST BY BROKEN BACK ROAD AND FUTURE COLLIER BOULEVARD (CR 951) IN SECTIONS 10, 15 AND 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 1,638.6 + /- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, IMCOLLIER JOINT VENTURE, represented by Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., petitioned the Board of County Commissioners to amend the PUD and change the zoning classification of the additional herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. ZONING CLASSIFICATION The zoning classification of approximately 95 acres of the herein described real property located in Sections 10, 15 and 22, Township 48 South, Range 26 East, Collier County, Florida is changed from a Rural Agricultural Zoning District to the Mirasol Residential Planned Unit Development (RPUD) Zoning District and when combined with the existing Mirasol RPUD provides for a 1,638.6 + /- acre project in accordance with the revised Exhibits A -F, attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as Mirasol RPUD 1 PUDZ- A- PL2012 -303 Page 1 of 2 Rev. 9126112 9C described in Ordinance Number 04 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2012. ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: Heidi Ashton -Cicko Managing Assistant County Attorney Attachments: Exhibit A - Permitted Uses Exhibit B - Development Standards Exhibit B2 - Flag Lot Scenario Exhibit C - Location Map Exhibit C2 - Master Plan Exhibit D - Legal Description Exhibit E - Deviations Exhibit F - Developer Commitments CPA 2- CPS - 01158148 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LIM Mirasol RPUD 1 PUDZ- A- PL2012 -303 Page 2 of 2 Rev. 9126/12 FRED W. COYLE, Chairman EXHIBIT A FOR MIRASOL RPUD PERMITTED USES: 9 C ~t A maximum of -799 1,121 residential units and a! maximum of 36 18 golf course holes may be developed within the RPUD. I. Residential/Golf Tracts (RG): A. Principal Uses: 1. Single - family detached dwelling units. 2. Zero lot line dwelling units. 3. Single family attaahed a ownhouse dwellings. 4. Two - family and duplex dwellings. 5. Multiple - family dwellings. 6. Any other principal use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the "RG" district. B. Accessory Uses /Structures: 1. Uses and structures customarily associated with principal uses permitted 2. Guest houses. 3. Common area recreation facilities for residential T residents and their us nests. --5-. 4. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways,•gazebos, 'boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. 5. Model homes, model home sales centers, weleeme e°n and sales trailers, including offices for p[gicct administration, construction, sales and marketing as well as resale and rental of units. 6. Golf course, practice areas and ranges, golf cart barns, rest rooms, shelters snack bars and golf course maintenance yards for residents and their ug ests. PUDZ- A- PL20120000303 Strike- through text is deleted Page I of 19 Mirasol RPUD 'Underline test is added Last Revised: September 25, 2012 E9C 7. Golf Club Complex as located on the Master Plan: i) Retail establishments accessory to the permitted uses in the District such as, but not limited to, golf, tennis and recreation related sales for residents and their ug ests. ii) Restaurants, cocktail lounges, and similar uses intended to sepve elub membeFs and elub guests for residents and their guests. iii) Pro- shops, golf club, tennis clubs, and health spas afid ralub for residents and their guests. iv) Golf course, practice areas and ranges, golf cart barns, rest rooms, shelters snack bars and golf course maintenance yards and facilities. -$ 8. Shuffleboard courts, tennis courts, swimming pools, and other types of accessory facilities intended for outdoor recreation for residents and their guests. 14 9. Guardhouses, gatehouses, and access control structures. }. 10. Essential services, pursuant to the LDC. E2. 11. Water management facilities and related structures. 1-3-. 12. Lakes including lakes with bulkheads or architectural or structural bank treatments. 4. 13. Community ' pParks, recreational facilities, community centers for residents and `their ug_ests. t-5. 14. Temporary construction, sales, and administrative offices for the developer, builders, and their authorized contractors and consultants, including necessary access ways, parking areas and related uses. 1-6. 15. Landscape features including, but not limited to, landscape buffer berms, fences and walls. t-7, 16. Any other accessory use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the "RG" district. 11. Conservation/Preserve Tract: A. Principal Uses: PUDZ A- PL20120000303 Strike- through,text is deleted Page 2 of 19 Mirasol RPUD Underlirje text is added Last Revised: September 25, 2012 ". ' 9C 1. Passive recreation uses limited to the following so long as clearing for such uses does not result in the reduction of Ppreserve acreage below the minimum requirement: i. Boardwalks ii. Environmental uses (wetland and conservation areas) iii.Pedestrian bridges 411.. Fque -�v- iv Pervious nature trails except where American Disabilities Act requires otherwise. v. Native Wildlife sanctuary --Vili. vi. Inclement weather shelters, in preserve upland areas only unless constructed as part of a permitted boardwalk system. The shelters shall be a maximum of 150 square feet each. 2. Environmental research 3. Drainage and water management facilities subject to all required permits. 4. Any other use which is comparable in nature with the foregoing list or permitted principal uses, as determined by the Board of Zoning Appeals through the process outlined in the LDC. PUDZ- A- PL20120000303 Strike- through text is deleted Page 3 of 19 Mirasol RPUD Underline text is added Last Revised; September 25, 2012 t9c EXHIBIT B FOR MIRASOL RPUD I DEVELOPMENT STANDARDS: Table I below sets forth the development standards for land uses within the RPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the site development plan (SDP) or subdivision plat. TABLE I DEVELOPMENT STANDARDS FOR °RG" RESIDENTIAL AREAS PERMITTED Single Zero Sin& Multi- Clubhouse/ USES Family Lot Two Family y Family Recreation AND Detached Line and Duplex Attached * 2 Dwelling�*,� Buildings STANDARDS Townho 4 2 3 4 5 6 Principal Structures Minimum Lot 5,000 SF 4,000 SF 3,500 SF per 33W2 .00OSF 9,000 SF n/a Area lot or unit *3 Minimum Lot 50' *7 40' *7 35' per lot 33- 20'17 90' n/a Width *4 17 or unit *7 Front Yard 20' *2 *7 20' *2 *7 20' *2 *7 20' *21.7 20 *2 25' Setback Side Yard 7,522 *7 0 or 10' 7.5' *7 *8 7.5'P *8 4-512 BH *5 5' Setback *2 *11 *7 Rear Yard 15' *7 15' *7 15' *7 15' 1.7 15' O' Setback * 1 Setback From 10' *7 10' *7 10' 10' 10' 20' Golf Course Setbacks from 25' 25' 25' 25' 25' 25' Preserves Maximum 35' 35' 35' 35' 50' (5 stories 50' (2 stories Zoned Height not to over parking not *10 exceed 50') to exceed 50') *9 Actual Height 45' 45' 45' 45' 65' 75' *10 Floor Area 1000 SF 1000 SF 1000 SF 1000 SF 750 SF n/a Min. Per Unit (S.F.) Distance 10' 10' 10' 10' 2OLa5KM 15' or .5 BH Between of BH *5 whichever is Principal greater *6 Structures PUDZ- A- P1,20120000303 Strike- through text is deleted Page 4 of 19 Mirasol RPUD Underline text is added Last Revised; September 25, 2012 ;9C Front yards for all uses shall be measured as follows: If the parcel is served by a public road right -of -way, setback is measured from the adjacent right -of -way line. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). *I - Rear yards for principal and accessory structures on lots and tracts which abut lakes and open spaces. Setbacks from lakes for all principal and accessory uses may be 0 feet provided architectural bank treatment is incorporated into design and subject to written approval from the Collier County Engineering Review Section. *2 - Single- family dwellings, as defined in the LDC, which provide for two parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce the front yard requirement to 10 feet for a side entry garage. Multi - family dwellings, as defined in the LDC, which provide for two parking spaces within an enclosed garage and provide for guest parking may reduce the front yard to 15 feet. This reduction shall not result in an approval to impede or block the sidewalk. Front loaded garages shall be a minimum of23 feet from the edge of sidewalk. *3 - Each half of a duplex unit requires a lot area allocation of 3,500 square feet for a total minimum lot area of 7,000 square feet. *4 — Minimum lot width may be reduced by 20% for cul -de -sac lots provided the minimum lot area requirement is maintained. * 5- Building distance may be reduced at garages to half the sum of the height of the garages. *6 Although neither setbacks nor separation between structures are applicable to the clubhouse and other recreation structures located on a clubhouse tract, neither the clubhouse nor any other recreational structure shall be located closer than 25 feet from any residential or preservation boundary. * 7 - The use of flag lots is allowed to provide maximum flexibility in subdivision design and may vary from the minimum lot widths, However, neither the minimum lot area, nor the minimum distance between structures may be reduced. * 8 - Zero foot (0') setback for internal units. PUDZ- A- PL20120000303 Strike - through text Is deleted Page 5 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 Single Zero Two Family Sift& Multi- Clubhouse/ Family Lot and Duplex Famil y Family Recreation Accessory Detached Line Aaaelied Dwelling Buildings Structures Townhouse *6 Front Yard SPS *7 SPS *7 SPS SIPS SPS SPS Setback *2 Side Yard 5' *7 0 or 10' 5' 5' 40 1 BH 5' Setback *7 Rear Yard 4.0 5' *7 - 4-0 5' *7 - 44D 5' - 48 5' - 10' 3-0 5' - Accessory Setback *1 Setback From 10' 10' 10' 10' 10' 10' Preserves Distance 0' or 10' 0' or 10' 0' or 10' 0' or 10' 0' or 10' 0' or 10' Between Accessory Structures on the same lot Distance 0' or WE 0' or 40'-2 0' or 4W L 0' or 44V L 0' or 401 5 0' or 4& 5' Between Accessory and Principal Structures on same lot Maximum SPS SPS SPS SPS SP£ 5' SPS 35' Zoned Height *10 Actual Height SPS SPS - SPS SPS SRS A5' SRS 4L *10 Front yards for all uses shall be measured as follows: If the parcel is served by a public road right -of -way, setback is measured from the adjacent right -of -way line. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). *I - Rear yards for principal and accessory structures on lots and tracts which abut lakes and open spaces. Setbacks from lakes for all principal and accessory uses may be 0 feet provided architectural bank treatment is incorporated into design and subject to written approval from the Collier County Engineering Review Section. *2 - Single- family dwellings, as defined in the LDC, which provide for two parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce the front yard requirement to 10 feet for a side entry garage. Multi - family dwellings, as defined in the LDC, which provide for two parking spaces within an enclosed garage and provide for guest parking may reduce the front yard to 15 feet. This reduction shall not result in an approval to impede or block the sidewalk. Front loaded garages shall be a minimum of23 feet from the edge of sidewalk. *3 - Each half of a duplex unit requires a lot area allocation of 3,500 square feet for a total minimum lot area of 7,000 square feet. *4 — Minimum lot width may be reduced by 20% for cul -de -sac lots provided the minimum lot area requirement is maintained. * 5- Building distance may be reduced at garages to half the sum of the height of the garages. *6 Although neither setbacks nor separation between structures are applicable to the clubhouse and other recreation structures located on a clubhouse tract, neither the clubhouse nor any other recreational structure shall be located closer than 25 feet from any residential or preservation boundary. * 7 - The use of flag lots is allowed to provide maximum flexibility in subdivision design and may vary from the minimum lot widths, However, neither the minimum lot area, nor the minimum distance between structures may be reduced. * 8 - Zero foot (0') setback for internal units. PUDZ- A- PL20120000303 Strike - through text Is deleted Page 5 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 , 9 C *9 Inclusive of under building parking *10 Buildings shall not exceed three stories within 1,250 feet of Immokalee Road. *11 5' side Yard setbacks shall amlY to lots eaual to or lesser than 70' in width Lots greater than 70' in width will Drovide 6' side vard * 1.2 Maximum length of buildings shall not exceed 300 fin= feet BH = Building Height SPS = Same as Principal Structure Notwithstanding the forcaoing_ none of the footnotes shall operate as a deviation from the Land Development Code unless they arc listed as deviations on Exhibit E. None of the footnotes operate as deviations from the Collier County Code of Laws and Qrdinances. PUDZ- A- PL20120000303 Strike- through text is deleted Page 6 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 DEMOTE! LOT LINE NOTE: THIS WIeIT 13 FOR ILLUSTRATIVE PURPOSES TO SHOW NOW CERTAIN GEOMETRY OF A UVEN TRACT WOULD fACILTTAR TIC LEiPLEMENTATTON OF A "FUC 1011 DESIGN JATOf)T, I�- - - ---- -, 0 50 100 200 SCALE IN FEET I.M. COLLIER JOINT VENTURE 'UIRGNOLI HIM BARBER & �. ■�WO RUNDAGE, INC. Professional E.ngincers, Planners & Land Surveyors GNn C—. f-w 7...k" T.d N.• N.0- pt - J.IM R, gun fl) 4111- r.. fain lit IM i 9 c BUM019;rFOOTPRINT FLAG LOT MIRASOL PUAA FLAG LOT SCENARIO EXHISIT 'B2' h w �i x PUDZ•A- PL20120000303 Strike- through text is deleted Page 7 of IR Mirasot RPUD Underline text is added Last Revised: September 25, 2012 s s F� F, It $EE SHEET,* 4 FOR EONTINUATION I, PDR PUIN USEND AND - R/8 0 ors aEE 0 r- , R/8 w R/8 R/8 TIM" Rio Q R/8 SF"D 4 ►RESERVE CONOEPfUAI L CLUB HOW 60RIKU VmIIo NERITACE R/8 t R/8 ciup :::.:•::.. ` E summ m►a PRIVATE SPINE R/8 ROAD R/8 w rm Er L.D.E low PROPOSED wt +sI EXf. O` R.O.N. DEDICATLOR 4 L TLS "A SUKAMCE _ FACILITY • �.. . TREE FAIN {PODj 11BVATE SMME ROAD .. . r. I. POSSIRLa F11 11 am •� PUTURE cy � . R/8 IMIESIWIIREC7 • » w tR.E. , I , � r M1f°�0L WTM l GINEERING rROrERrV a BaIMDARY cwv ■w moPEM1Y � r ROUNOARY � „ � weir �aRwxc -a�ws » ` A NPrEReoNNECr MIRASOL » a w �a ,•,•, •,• L R/8 FMRE ".UM. AMM MUNT f AC11" (` CENTER CONCEPTUAL L MASTER PLAN ' EXHIBIT "C2" WTm J � 6m j I SHEET 1 OF 3 V "L JIBRARE 4 (M.1 FUZ NAMR 2760OB0602.dW& UPUATID: 2012-0425 PUDZ- A- PL20120000303 Strike- through text is deleted Page 8 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 I v .-. N l ,9 C 0 CONCE WAL MAS'H'ER PLAN PXHH MIT "C2" SHEET 2 OF 3 ME NAMM 27600E06 IAPS UPDATED: 2012-09.25 PUDZ- A -PL201 20000303 Strike- through text is deleted Page 9 of 19 Miraso) RPUD Underline test is added Last Revised: September 25, 2012 . .:... N W N ........... ............ OMMeb ................. .......... FAMMNIO ....................... ................. ........... ................... ......................... ..................................... ........ ........ , ........... ..................... • ?"PO" (Ica) IA) MOM WNW Al 0 ......................... ............. ! TIMNA 1MV) ...... .................. .................. ............ .. .................. ............ j , e .......... ENGINEERING osasuir a�as�r aravr+a SEE SHEET # i FOR CONTINUATION MIR�RFRNIM B1v IdAw/i�w�Y{� �T� PON PM ta"No no SM" MM see OMEer ! OF 0 RaR�oaranv�cawwavw MIRASOL LF.U.D. AbC2MMMfr CONCE WAL MAS'H'ER PLAN PXHH MIT "C2" SHEET 2 OF 3 ME NAMM 27600E06 IAPS UPDATED: 2012-09.25 PUDZ- A -PL201 20000303 Strike- through text is deleted Page 9 of 19 Miraso) RPUD Underline test is added Last Revised: September 25, 2012 L CONCEPTUAL LAKE LOCATIONS * R/G RESIDENTIAL / GOLF PRESERVE --` RIGHT -OF -WAY + LAND USE AREAS ARE CONCEPTUAL AND SUBJECT TO RELOCATION, IN ACCORDANCE WITH THE LDC. SPECIAL NOTES: t) WHERE APPLICABLE ALONG PROJECT BOUNDARY AND UNLESS OTHERWISE NOTED PRESERVE AREAS SHALL SERVE AS BUFFERS. IF AFTER EXOTIC REMOVAL THE PRESERVE VEGETATION FAILS TO MEET MINIMUM CODE BUFFER STANDARDS ADDITIONAL PLANT MATERIAL SHALL BE REQUIRED. PUDZ- A- PL20120000303 Strike- through text is deleted Mirasol RPUD Underline text is added Last Revised: September 25, 2012 9C AN �Inl ENGINEERING ova cwerB�r • �,. � awrrmv� tna.wu awce�c -uiew rrrn■ to-se" n s.warrrr ear -rs.wr eweu rr.ar.r..w..�ew nunwann�oabm.am�r MIR.ASOL ".=. AMBNDMWT CONCEPTUAL MASTER PLAN E'XHIBrC "C2" SHEET 3 OF 3 nO NAhM' 2760MMM.On UPDATM: 20124)945 Page 10 of 19 NATIVE HABITAT SUMMARY: EXISTING NATIVE HAB {TAT = 495.6 AL t REQUIRED NATIVE HABITAT = $37.4 AL ± PROVIDED NATIVE HABITAT IOM SITE) = SPA U ± ACREAGE SUMMARY: SECTION 22- 425.8Aat SECTION t5 = 634.6 As. t SECTION 10 — 578.2 As. ± TOTAL — 1,63$.6 Ae. t TOTAL AREA OUTSIDE DEVELOPMENT BOUNDARY = MA AL t TOTAL AREA WITHIN DEVELOPMENT BOUNDARY 709.8 As. t E s �I �N PUDZ- A- PL20120000303 Strike- through text is deleted Mirasol RPUD Underline text is added Last Revised: September 25, 2012 9C AN �Inl ENGINEERING ova cwerB�r • �,. � awrrmv� tna.wu awce�c -uiew rrrn■ to-se" n s.warrrr ear -rs.wr eweu rr.ar.r..w..�ew nunwann�oabm.am�r MIR.ASOL ".=. AMBNDMWT CONCEPTUAL MASTER PLAN E'XHIBrC "C2" SHEET 3 OF 3 nO NAhM' 2760MMM.On UPDATM: 20124)945 Page 10 of 19 EXHIBIT D �9C FOR MIRASOL RPUD LEGAL DESCRIPTION ALL THAT PART OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; LESS AND EXCEPTING THE FOLLOWING FOUR (4) PARCELS: 1) THE SOUTH %2 OF THE NORTHEAST %, OF THE NORTHWEST' /,, 2) THE SOUTH' /, OF THE SOUTHEAST' /, OF THE SOUTHEAST' /,, 3) THE NORTHEAST %, OF THE SOU, THEAST '/4 OF THE SOUTHEAST ' /,, 4) THE EAST HALF OF THE NORTHWEST' /, OF THE SOUTHEAST' /, OF THE SOUTHEAST' /, AND ALL OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND ALL THAT PART OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE NORTHEAST %, OF THE NORTHWEST' /,, AND THE EAST ' /z OF THE NORTHWEST' /, OF THE NORTHWEST' /,, THE WEST %2 OF THE SOUTHEAST'/, OF THE NORTHWEST' /,, THE EAST `/2 OF THE NORTHWEST'/, OF THE SOUTHEAST %, THE EAST/-z OF THE SOUTHEAST' /, OF THE NORTHWEST' /,, THE NORTHWEST' /, OF THE NORTHEAST %s; AND THE WEST' /2 OF THE NORTHEAST `/, OF THE NORTHEAST '/,, THE EAST V2 OF THE NORTHEAST' /, OF THE NORTHEAST' /,, THE WEST/20F THE SOUTHWEST. %, OF 1'HE NORTHEAST ' /,, THE EAST %2 OF THE SOUTHWEST`:' /, OF THE NORTHEAST %,, THE EAST %2 OF THE NORTHEAST' /, OF THE' SOUTHWEST'/,, THE EAST %2 OF THE WEST %2 OF THE SOUTHEAST'/, OF THE SOUTHWEST' /,, THE WEST %2 OF THE EAST %2 OF THE SOUTHEAST' /, OF THE SOUTHWEST %, THE EAST' /2 OF THE EAST/ 20F THE SOUTHEAST/ 40F THE SOUTHWEST' /, THE NORTH %2 OF THE WEST %2 OF THE NORTHWEST %, OF THE SOUTHEAST '/,, THE SOUTHWEST'' /, OF THE NORTHWEST'/, OF THE SOUTHEAST %4, THE WEST' /2 OF SOUTHWEST'' /, OF THE SOUTHEAST %,, THE WEST 3/4 OF THE EAST %2 OF THE SOUTHWEST '/, OF THE SOUTHEAST 'A, THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND PUDZ- A- PL20120000303 Strike- through text is deleted Page 11 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 oe ko THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND THE EAST HALF OF THE EAST HALF ''OF :' THE NORTH '/s OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE 1ORTHWEST QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND THE WEST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND EAST HALF OF THE EAST HALF OF THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST HALF OF THE EAST HALF OF THE NORTH HALF OF THE EAST HALF OF THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 1638 ACRES, MORE OR LESS. 1 PUDZ- A- PL20120000303 Mirasol RPUD Last Revised: September 25, 2012 Strike- through text is deleted Underline text is added Page 12 of 14 to, 9C EXHIBIT E FOR MIRASOL RPUD DEVIATIONS 1. Deviation #1 seeks relief from Appendix B ef the LDC Section 6.06.01.0, emit-led "Typioal Street See;ieas and Right of way Design and local streets ", which requires cul -de -sacs ' to have a minimum sixty (60') right - of -way width and two (2) ten foot (10') wide travel lanes, to allow a minimum right -of -way width of 40' for private local streets and Feet 50' for rip vate spine, roads. 2. Deviation #2 seeks relief from LDC Section '6.06.01.J. Street System Requirements, to allow cuI -de -sacs in excess of 1,000' in length. For any cul -de -sac exceeding 4-,2-N 1.600 feet in length, the roadway must include at approximately 4-,20 1.600 feet intervals design features which provide for the ability of emergency vehicles to turn around. Traffic roundabouts, eyebrows, hammerheads or similar design features shall be allowed. 3. Deviation #3 seeks relief from LDC Section 6.06.01.Q. Street System Requirements, which requires that street name markers shall be approved by the County Manager or designee for private streets or in conformance with U.S.D.O.T.EH.W.A. This requirement shall be waived. However, breakaway posts shall be used. 4. Deviation #4 seeks relief from LDCSectign 6.06.01.8. Street Requirements, which requires that street pavement painting, striping and reflective edging of public roadway markings shall be provided by the developer as required by the U.S.D.O.T.F.H.W.A. This requirement shall be waived for private roadways . Traffic circulation signage shall be in conformance with U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Device standards. 5. Deviation #5 seeks relief from LDC Section 4.05.04.H, which requires 1 varkinu space per 200 square feet of office/lobby/pro shop /health club/ clubhouse /lounge /snack bar /dining/meeting room associated with golf courses. The requested deviation is to allow for 3 parking spaces per 1,000 square feet of office /lobby /pro shop/health club /clubhouse /lounge /snack bar/dining/meeting room amciated with the proposed golf course. Parking spaces for golf course holes exterior recreation uses, and maintenance buildings will be provided per the LDC. 6. Devia on #6 seeks relief from LDC Section 4.06.04.A. which limits the developer to 100 acres of residential, commercial, or industrial lots or building sites to store excess fill generated by lake excavations within the PUD. The requested deviation is to allow the developer to clear up to 300 acres of residential, commercial, or industrial lots or building sites to store excess fill generated by lake excavations within the PUD or project where the excavation is taking place. This is not a deviation from the Collier County Excavation Ordinance. 7. Deviation #7 seeks relief from LDC Section 5.03.02.C, which permits a maximum wall height of 6' bean, or combination wall/berm is permitted. PUDZ- A- PL20I20000303 Strike - through text is deleted Page 13 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 9C 8. Deviation #8 seeks relief from LDC Section 5.04.04.B.5, which permits a maximum of five (5) model homes, or a number corresponding to ten (10) percent of the total number of platted lots, whichever is less, per platted approved development prior to final pat approval. The requested deviation is to allow for a maximum of six (6) model homes per deycloprngnt tract. not to exceed forty (40) model homes within the overall RPLTI ?. As part of the application material for every Wilding_ permit for a model home, the developer shall provide documentation stating how many model homes are in existence so that the maximum of forty (40) model homes is not exceeded. 9. Deviation #9 seeks relief from LDC Section 5.04.06.A.3.e. which allows temporary signs on residential/ zed properties up to 4 square feet in area or 3 feet in height. The requested deviation is to allow a temMra!y sig_g or banner up to a maximum of 32 square feet in area and a maximum of 8 feet in height. The temporary sign or banner shall be limited to 28 days per calendar year. 10. Deviation #10 seeks relief from LDC, Section 5.06.02.B.2, which permits one (1)ral estate pole sign per street frontage that is setback a miniMU of 10' from any property line. The requested deviation is to allow for a maximum of two 2) real estate pole signs per street frontage setback a minimum of 5' from the property line along _Immokalee Road only. 11. Deviation #I_L5geks relief from LDC Section 5.06.02.B.5, which requires on- premise directional signs to be setback a minimum of 10' from internal property lines. The requested deviation is to allow for on- premise direction signs eg_to be setback a minimurn of 5' from internal property lines. This deviation does not apply to property adjacent to public roadways. 12. Deviation #12 seeks relief from LDC Seclion5 06,02.B.6, which permits two (2) ground sig►ls per entrance to the development with a maximum height of 8' and total sign area of 64 s.ft per sign The requested deviation is to allow for two (2) ground signs ear project entrance with a maximum height of 10' and total sign area of 80 s.f. per sign 13. Deviation #13 seeks relief from LDC Section 5.06.02,B.6, which permits two (2) ground signs per entrance to the development. Th6 requested deviation is to allow for one (1) ground sign at the gropertyco_mers fronting on 'ekistirig and ,_proposed public roadways that provide access to the project in addition to two (2 ) ground sins at each prgiect entrance. The proposed ground signs at property corners, commonly referred to as "boundary markers" will be uermitted at a maximum height of 10' and sign area of 32 s.f. per sign 14. Deviation #14 seeks relief from LDC Section 6.06.02.A, which requires sidewalks on both sides of roadways internal to the site. The requested deviation is to allow for �n 8' wide sidewalk on one side of the private spine road as shown on the PUD master plan, and 5' wide sidewalks on one side of all other private local roadways internal to the development that service residential units on one (1) side of the roadway, and/or terminate in a cul -de -sac up to a maximum length of 2,500 l.f. PUDZ- A- PL20120000303 Strike- through text is deleted Page 14 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 i 9C 15. Deviation #15 seeks relief from LDC Section I0.02.04.0 which limits the develo en r to Ong(I) Site Development Plan submittal for concurrent review with the final plat at such time as the applicant submits the response to the first staff review comments The requested deviation is to allow for a maximum of three (3) Site Development Plan submittals fQr concurrent review with the final plat at such time as the applicant submits the response to the staff review comments. P U DZ -A -P L2 012 00003 03 Mirasol RPUD Last Revised: September 25, 2012 Strike- through text is deleted Underline text is added Page 15 of 19 9C � EXHIBIT F FOR MIRASOL RPUD LIST OF DEVELOPER COMMITMENTS Regulations for development of the Mirasol RPUD shall be in accordance with the contents of this RPUD Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order in which said regulations relate. Where this RPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. A. RPUD MASTER PLAN Exhibit "C2 ", the RPUD Master Plan, illustrates the proposed development and is conceptual in nature: Proposed tract, lot or land use boundaries or special land use boundaries, shall tidt be 'construed to be final and may be varied at any subsequent approval phase such as platting or site development plan application. Subject to the provisions of Section 10.02.13 of the LDC, RPUD amendments may be made from time to time. B. TRANSPORTATION Upon the County's adoption of a CR -951 extension corridor alignment, and within 180 days of the County's request,- the De�velepeF Owner, its successors or assigns, shall dedicate to County fee! simple right -of -way for the roadway and drainage system at the agreed upon appraised value per acre, for those areas located outside the limits of the residential /Golf Course areas depicted as "R/G" on the PUD master plan. Upon recordation of the deed or other conveyance instrument in the public records of Collier County for the dedication of the right -of -way, the Developer shall become eligible for Transportation Impact fee credits in accordance with the consolidated impact fee Ordinance in effect at the time of recordation of the dedication. If the project is built out or has prepaid transportation Impact Fees to be assessed for the project, then the Developer or its successors or assigns shall be eligible to request cash reimbursement. The Developer shall not be responsible to obtain or modify any permits on behalf of the County related to the extension of CR -951. 2. The Developer shall construct a 10' multi -use pathway to be located along the Immokalee Road right -of -way on the North side of the Cocohatchee Canal as a part of the entrance construction. Completion of construction of the pathway shall be completed concurrently with the vehicular connection to the existing bridge over the Cocohatchee Canal. 3. WSW , PUDZ- A- PL20120000303 Stripe- through text is deleted Page 16 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 9 C the teffns of that agrvemefA, the prpjeet is ves4ed fer- :799 dwelling aaks for- the purposes of tFmspemtien eeneuppeney, As set forth by the Mirasol PUD Developers Contribution Agreement (DCA), dated May 3, 2007, the Developer was responsible for a total financial conunitment of $3,229,588.00; and upon satisfaction, Mirasol would be vested for transportation concurrence for 799 residential units. The Developer satisfied the financial commitment by funding improvements to the the County. A letter confirming satisfaction of the financial obligations and project vesting was issued by Collier County on April 23, 2009. 4. The Developer, its successors, or assigns, agree that at the time of any rubsequem.* Develepment Order- approval within issuance of a building permit for the 400#' residential dwelling unit amModged by this PUD, or commencement of construction of the intersection improvements, the Developer, or its successors or assigns, shall be responsible for their respective fair share of the North leg of the CR- 951 /Broken Back Road intersection with Immokalee Road, which includes modification, replacement, or relocation of the at -grade bridge crossing the Cocohatchee Canal, 5. The development shall be limited to a maximum of 781 Two Way, unadjusted PM Peak hour trips. 6. The Develoner may use the eastern entrance from Broken Back Road/Collier Boulevard as shown on the master plan for "construction -onl " traffic u on issuance of a County road right -of -way permit for temporary access. Developer shall be required to install a stabilized road base and vrovide for dust abatement measures for the construction traffic. 7. At the time that Developer WXlies for a road right - way - permit for a permanent eastern entrance from Broken: Back Road/Collier Boulevard as shown on the master plan, Developer shall construct at its cost the two northbound lanes of a future four lane road design of Broken Back Road/Collier Boulevard (CR -951) from the Quarry's north entrance (alternatively, from its terminus that may be north of the Quarry's entrance as a result of road construction by others_ for their site specific access needs) to the Mirasol project's eastern entrance. The roadway shall be constructed in accordance with the design standards including drainage features and sidewalks of a two -lane collector roadway as reguired by the Collier County LDC and Code of Laws and Ordinances at the time of issuance of the road right of way permit. The Developer will be required to construct only those site access improvements such as turn lanes along Broken Back Road/Collier Boulevard (CR- 951) that are specific to the Mirasol project. In the event the County at time of issuance of the road right of way permit requests improvements to Broken Back Road /Collier Boulevard (CR -951) that exceed the collector standards of the LDC and Code of Laws and Ordinances, then Developer shall be eligible � for impact fee credits for those additional improvements. The County will accept the roadway by Resolution for ownership and mgintenance one (1) year after acceptance of the construction of the roadway. The Developer shall not be required as part of this P UD to provide for offsite treatment and storage of stormwater for Broken Back Road/Collier Boulevard (CR -951) outside of the County's road right of way. The PUDZ- A- PL20120000303 Strike - through text is deleted Page 17 of 19 Mirasol RPUD Vnderline text is added Last Revised: September 25, 2012 ` ' 9C i10*1 stormwater is planned to be conveyed to the Quarry for storage /treatment or to another off -site location as directed by Collier County. C. ENVIRONMENTAL 1- 7o""* IN �. '171-e nfopeoy -Ail! be required (e presefve 511.9 acres of native habitat. This 'Mil be , The project shall retain a minimum of 537.4 acres of native vegetation on -site in compliance with the _Growth Management Plan. Easements or ROW created for access to outparcels within the reserve or for future extension of the CR -951 corridor shall not cause the preserve to fall below the minimum native vegetation retention requirement. D, EXCAVATION Excavation activities shall comply with the definition of a commercial or development excavation pursuant to Section 22 -106 of the Code of Laws and Ordinances of Collier County Florida. The entire water management pass -thru will be constructed at one time as per South Florida Water Management permit PUDZ- A- PL20120000303 Strike- through text is deleted Page 18 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 9C #11- 02031 -P, as amended, prior to the residential development under an administratively issued "development" excavation permit as long as no more than 20,000 c.y. of material is removed off -site. As per Section 22 -106 of Code of Laws and Ordinances, a commercial excavation permit will be required for removing more than the approved 20,000 c.y. of material off -site. E. OUTPARCEL IN SECTION 10 A temporary access easement shall be granted by the Owner to the owner of parcel number of 00178760007, at a location specified by IM Collier Joint Venture it's successors and assigns. At such time that the northern portion of the Mirasol RPUD has access to a public road, the developer shall provide reasonable access from the parcel number 00178760007 across the Mirasol RPUD to the public road. Both the temporary and permanent easements shall be granted to the owner of this parcel, at no cost to the County or the owner of this ou arcel. F. UTILITIES 1. The developer shall connect to the Collier County Water Sewer District (CCWSD potable water system at a location determined by CCWSD when capacity is available. 2. The developer shall connect to the CCWSD wastewater collection and conveyance system at a location determined by CCWSD when capacity is available. 3. The develooRer shall connect to the CCWSD Irrigation Qualijy water system at a location CCWSD when capacity is available. G. PLANNING PUDZ- A- PL20120000303 Strike- through text is deleted Page 19 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 NOTICE OF PUBLIC HEARING 9 Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, November 13, 2012 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider a Resolution /Development Order. The title of the proposed Resolution /Development Order is as follows: A RESOLUTION AMENDING DEVELOPMENT ORDER NUMBER 05 -235 (DEVELOPMENT ORDER NO. 05 -01), AS AMENDED BY RESOLUTION NO. 11- 132 (DEVELOPMENT ORDER 11 -03), FOR THE TOWN OF AVE MARIA DEVELOPMENT OF REGIONAL IMPACT ( "DRI ") LOCATED IN SECTIONS 31 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST AND SECTIONS 4 THROUGH 9 AND 16 THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST IN COLLIER COUNTY, FLORIDA BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY REVISING EXHIBIT "C" AND MAP "H" CONTAINED IN THE DRI DEVELOPMENT ORDER TO ADD AN ACCESS POINT ON OIL WELL ROAD; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEPARTMENT OF ECONOMIC OPPORTUNITY AND EFFECTIVE DATE. (PETITION DOA- PL20120001160) NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with disability who needs any participate in this proceeding, you are entitled, provision of certain assistance. Please contact t] Facilities Management Department, located at 3335 Building W, Naples, Florida 34112, (239)252 -8380. devices for the hearing impaired are available in Office. accommodation in order to at no cost to you, to the ze Collier County Tamiami Trail East, Assisted listening the County Commissioners, 9C BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) '� h nt 6— f- C6llier 9 C CLERK OF THE RC IT COURT Dwight E. Brock COLLIER COUNTY OUR OUSE g 3301 TAMIAMI IL E ST Clerk of Courts Clerk of Courts P.O. BOX 4 3044 Accountant NAPLES, FLORIDA 4101 -3 44 Auditor Custodian of County Funds October 17, 2012 Barron Collier Partnership, LLLP AMULT, LLC 2600 Golden Gate Parkway Suite 200 Naples, FL 34105 Re: Notice of Public Hearing to consider Petition DOA- PL20120001160 - The Town of Ave Maria Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 13, 2012 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, October 24, 2012. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk@collierclerk.com nth of ier CLERK OF THE' �S" IT C OURT 9C Dwi ht E. Brock COLLIER COUNTY OUSE Dwight 3301 TAMIAMI IL E ST Clerk of Courts Clerk of Courts P.O. BOX 4 3044 Accountant NAPLES, FLORIDA 44 Auditor iCustodian of County Funds October 17, 2012 RES Collier Holdings, LLC 1370 Creekside Parkway Naples, FL 34108 Re: Notice of Public Hearing to consider Petition DOA- PL20120001160 - The Town of Ave Maria Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 13, 2012 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, October 24, 2012. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.coilierelerk.com Email: collierclerk@collierclerk.com nty%.O--'-f Cl� flier 9C CLERK OF THE RC I � OUSE T COURT Dwight E. Brock COLLIER COUNTY OUR g 3301 TAMIAMI IL E ST Clerk of Courts Clerk of Courts P.O. BOX 4 3044 Accountant NAPLES, FLORIDA 4101 -3 44 Auditor Custodian of County Funds October 17, 2012 Ave Maria Development, LLLP 2600 Golden Gate Parkway Naples, FL 34101 Re: Notice of Public Hearing to consider Petition DOA- PL20120001160 - The Town of Ave Maria Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 13, 2012 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, October 24, 2012. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierclerk@collierclerk.com "CC" nt -off_ Hier 9 C V1 CLERK OF THE t-JRC IT COURT Dwight E. Brock COLLIER COUNTY FOUR OUSE g 3301 TAMIAMI IL E ST Clerk of Courts Clerk of Courts P.O. BOX 4 3044 Accountant NAPLES, FLORIDA 4101 -3 44 Auditor Custodian of County Funds October 17, 2012 Cheffy Passidomo, P.A. Attn: John M. Passidomo, Esq. 821 Fifth Ave South Suite 201 Naples, FL 34102 Re: Notice of Public Hearing to consider Petition DOA- PL20120001160 - The Town of Ave Maria Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 13, 2012 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, October 24, 2012. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk@collierclerk.com ��nt� o��c�llier 9 C . CLERK OF THE'- RC IT COURT COLLIER COUNTY OUR OUSE Dwight E. Brock 3301 TAMIAMI *AIL E ST Clerk of Courts Clerk of Courts PO. BOX 4',3044 Accountant NAPLES, FLORIDA" 4101 -3 44 Auditor 11, Custodian of County Funds October 17, 2012 Waldrop Engineering, P.A. Attn: Alexis Crespo 28100 Bonita Grande Drive Suite 305 Bonita Springs, FL 34135 Re: Notice of Public Hearing to consider Petition DOA- PL20120001160 - The Town of Ave Maria Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 13, 2012 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, October 24, 2012. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 'IQ -L- t '' 1 Martha Vergara, Deputy Clerk �! Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk@collierclerk.com 9 C Acct #068779 October 17, 2012 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: DOA- PL20120001160, The Town of Ave Maria Dear Legals: Please advertise the above referenced notice on Wednesday, October 24, 2012 and send the Affidavit of Publication, in duplicate, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500140024 Martha S. Veraara 9C From: Martha S. Vergara Sent: Wednesday, October 17, 2012 2:50 PM To: Naples Daily News Legals Subject: DOA- PL20110001160 The Town of Ave Maria Attachments: DOA- PL20120001160 The Town of Ave Maria (11- 13- 12).doc; DOA- PL20120001160 The Town of Ave Maria (11- 13- 12).doc Legals, Please advertise the following attached ad Wednesday. October 24, 2012. Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergara()collierclerk.com NOTICE OF PUPLIC HEARING 9C Notice Js hereb i reh that the Bcia rd- of Couhtyr Cciaimrssfgners cif Col Iier CZount} will hold PP -6 Ic hi-6h TUO'da t 1! 61 a rth' er t -1,12011 in the Bc�'rdrdom, 3rd Fl+ c r, ; tir�iniStrati "ort t ilding; �,I i r c rit � vv rumen Ceii er, '9 East Tami mi Trail, Naples Florida_ The meeting Dili beIgin at 9 :00 A.M. The Board W ill ee►i�side:r a Re o t�tion /Devela merit Order The title of the proposed Res-lution/DeuelopirrW6# Order is as fofo'vo: x x j $ r •� ' s �' 4 ' °{1 e � i x a M all A copy of the proppsee l Oesolutiori is can file -with 4e Clerk to the Board' Office acid is av ilabl -e for ns w tioc . All interested parties a' re ,lrtvit d tc� attend and be heard_ NOTE: All persons wishing to speak on.any agenda item moist register with the . unt . id iii tr tc�r. p�ri r `ter preseritation of the --ar encla- item to. be addressed. Indtui ual speakem rill 4 tec_ o 3 minutes on any item. The selection cat an incdivIdua:l tospeak:on behalf of an organization or group is encouraged: if recognized by the Chair, a`spo esperscin for a group' -car organization may be all lotted 14 minutes to- speak.on an item v a a i tx o i N. • ' a _ a 2 0 1 i .. i l In I • A als included in the Board agenda r 31 weeks prior to'-the resp6ctive ttended to be c4hsldored try the staff . rrilnimum cif sewn days pr.eser to ons befgre the Beard Any per5cin wbo decides to appeal a decision of-ttie Board still need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, .wh>ch record includes the testimony and evidence upon which the appeal is b.5ed. Nf you are a person with disability �uho needs -arty accommodation in order to participate in this proceeding; you are etttixled, at-ho,,—cost to you, to the provision of c rtarn assi tarrce. 'le: se +contact tl Collier County Facilities I�arragerment C�epartment, is at d at 3335 Tamiamir frail E-t aft, Bdilding , Naples U-1 ° Florida 12, 4239 5 33st�. Assisted 11 ter iit'c "d ►i #orthe, Ice =wring impaired &L- available in the County Coffimissioners' 0f-f ce_ P ` '' 4 By: Martha puty Clerk 1 9C Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News -------------------------------------------------- +------------------ - - - - -- BCC /ZONING DEPARTMENT FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 NAPLES FL 34112 OTICE OF PUBLIC HEARING REFERENCE 068779 4 5 0 014 0 0 2 4 Notice is hereby given that 'the Board of County Commissioners of Collier County will hold a public hearing orb Tuesday, November 13, 2012 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East 59701424 NOTICE OF PUBLIC HEA Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider a Resolution /Development Order. The title of the proposed Resolution /Development Order is as follows: State of Florida Counties of Collier and Lee Before the undersigned authority, personally appeared Lynn Schneider, says that she serves the Order Entry Data Specialist, of the Naples Daily News, a daily newspaper published at Nab in Collier County, Florida: distributed in Col and Lee counties of Florida; that the attaches copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Da News is a newspaper published at Naples, in sa Collier County, Florida, and that the said newspaper has heretofore been continuously day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 yea next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 10/24 AD SPACE: 92 LINE FILED ON: 10/24/12 — — — — — — — — — — — — — — — — — — — — — — Signature of Af f iant 1t2, �2i Sworn to and Subscribed Personally known by me re me .thi CAROL PAWLIW)KI MY COMMISSION # EE 45538 ExPIRE& November 28,2014 Bonded ThTU Pichard Insurance Agency A RESOLUTION AMENDING RESOLUTION NUMBER 05.235 (DEVELOPMENT ORDER NO. 05 -01), AS AMENDED BY RESOLUTION NO. 11 -132 (DEVELOPMENT ORDER 11 -03), FOR -THE TOWN OF AVE MARIA DEVELOPMENT OF REGIONAL IMPACT ( "DRI ") LOCATED IN SECTIONS 31 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST AND SECTIONS 4 THROUGH 9 AND 16 THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST IN COLLIER COUNTY, FLORIDA BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY REVISING EXHIBIT "C" AND MAP "H" CONTAINED IN THE DRI DEVELOPMENT ORDER TO ADD AN ACCESS POINT ON OIL WELL ROAD; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT OR- D E R S TRANSMITTAL TO DEPARTMENT OF ECONOMIC OPPORTUNITY AND EFFECTIVE DATE. (PETITION DOA- PL20120001160) A copy of the proposed Resolution is on file with the Clerk to the Board's Office and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an ipdividual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK ' By: Martha Vergara, Deputy Cl�rk (SEAL) October 24. 2012 No. 196529A =_ — — — _� + — — — — — — — — — — — — — — — — — — — — — — — — - ! l f 20 / �__ �VED OCT 2 9 2M FINANCE 9C Martha S. Vergara From: Green, Amy <AGreen @Naplesnews.com> Sent: Wednesday, October 24, 2012 4:14 PM To: Martha S. Vergara Cc: Calabrese, Robin; Damschroder, Eric Subject: RE: Words in Legals which are spaced out across a line Martha, We apologize for any inconvenience which this may have caused, and we are re- running the ads this Friday, and I will send you the proofs in just a moment. To ensure that this doesn't happen again, Eric is going to view the ads in a system which sets the ads, so he can view it, prior to publication. Thank You, Naples News Legals (239) 263 -4710 From: Martha S. Vergara [ma i Ito: Martha. Vergara(acolIierclerk.com1 Sent: Wednesday, October 24, 2012 12:48 PM To: Green, Amy; Damschroder, Eric Cc: Calabrese, Robin Subject: RE: Words in Legals which are spaced out across a line Hello Amy, Eric & Robin, The County Attorney's office would like them to re -run at no charge, with the ads to look like the proofs that were sent. Please e-mail me with a response ASAP. Thanks, Martha From: Green, Amy fmailto:AGreen(&Naplesnews.com] Sent: Wednesday, October 24, 2012 10:21 AM To: Damschroder, Eric Cc: Martha S. Vergara; Calabrese, Robin Subject: Words in Legals which are spaced out across a line Eric, I've attached the tearsheet and the three proofs for ads which ran in the Legals today. 1 9C The Collier Clerk has asked me to look into it, and Robin has asked me to email you, regarding these three ad numbers, to ensure that this doesn't happen in the future: 1965308 1965270 1965298 Thank You, Amy Green Naples News Legals (239) 263 -4710 Please visit us on the web at www.colliercierk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk(acollierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 Martha S. Veraara 9C From: Green, Amy <AGreen @Naplesnews.com> Sent: Wednesday, October 24, 2012 4:23 PM To: Martha S. Vergara Cc: Damschroder, Eric Subject: Ad Confirmation Attachments: UAS26D4jpg This is another ad which is going to be free of charge, running on Friday. Thank You, Naples News Legals Thank you for placing your ad. Date 10/24/12 Publication NDN Account Number 744102 Ad Number 1966057 Total Ad Cost $274.86 1 NOTICE OF PUBLIC HEARING • Notice is here given that the Board- bf-County Cornrriissioners of Collier County will Wd a p'ub Ic hearing on Tuesday; Noveptber 'i3, 2012 in the goardroom, 3rd rfoor,. Adrniriistrat ort Building, Collier County Government Center, 3299 E=ast Tarn arrii Trail, Napfes, Florida. The. meeting will begin at 9 :00 A.M. The Beard will c6risiclOr .a l '#-.. l_utj6hlibeveI �Rierrt Qrder. The title of the proposed Resolution eveloprnont order is as f6ffom: ILI 313MM o �► o +� sr r► o A copy of the proposed 1 etoluti6ri Es -orb fi e with the Clerk to thie Boalrd`s Office and it available, for inspection, All interestod' patties are Invited i6 attend and be heard. NOTE* All Pemo.ns wishing to speak on. any, agenda item must register with the Count Administrator prior to presentation of the agenda item to be addressed. Individual speakers wilt be lirmtedto 3 minutes-on-any item. The selection of an ind v.idcPal to speak on:beha'lt of an organization or group is encourager!, if recognized by the Chair, a spokesperson for a group or organization may be allotted 14 minutes to speak an an item. Persons wishing to hairP_ written or gr4ohic materials included in�the Board agenda packets must submit said- material a r�iihimurn of 3 d elks prior to the r�aspective public hearing, In arty base, v4rritt4 n rtiater'ials Intended to be considered by the Beard shall be submitted to the apprppriafe 6unty staff a rn nirrrum of severe days prior to the ? public hearing. All rnaterral usi td in pres=entations before - the Board will ieccrme a permanent part ,of they record:. Any person who decides to appeal a decision of :the Board will need a record of the proceedings, pertaining thereto and therefore, may reed to ensure that a verbatim record of the proceedings is made, whi.ch: record includes the testimony and evidence upon which the appeal is based. if you are _a person with disability who rte+eds any, accommodation in order to participate in phis proceeding, you are entitled, at no cost to You, to the provision of certarr assrstarke. Plea -Se 4c0ntaet the CCifiier County l= acrlities iv anagemer t Oeparcment, located at 3335Tamisivii Trail East, Building VAC, Naples. Florida 34112, 249)5-83 80. Assisted llstehing devices for the hearing impaired are available in the County C*mmissioner�' Office. + t Les a �► • a A ,. , DWIGHT E. BR ck, CLERK By: Martha Vergara, Deputy derk (SEAL) October 26, 2012 No. i965057 NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Lynn Schneider, who on oath says that she serves as Order Entry Data Specialist of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on October 26th , 2012 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hear- ing on Tuesday November 13 2012 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tami ml Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider a Resolution /De lopment Order. The title of the proposed Resolution/Development Order is as follows: A RESOLUTION AMENDING D ELOPMENT ORDER NUMBER 05 -235 (DEVELOPMENT OR- DER NO. 06-01), AS AMENDED Y RESOLUTION NO. 11 -132 (DEVELOPMENT ORDER 11 -03), FOR THE TOWN OF AVE MARIA DEVELOPMENT OF REGIONAL IMPACT ( "DRI ") LOCATED IN SECTIONS 31 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST AND SECTIONS 4 THROUGH 9 AND 18 THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST IN COLLIER COUNTY, FLORIDA BY PROVIDI G FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY REVISING EXHIBIT " AND MAP "H" CONTAINED IN THE DRI DEVELOPMENT ORDER TO ADD AN ACCESS PO TON OIL WELL ROAD; SECTION TWO, FINDINGS OF FACT, SECTION THREE, CONCLUSIO OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER$, TRANSMITTAL TO DEPARTMENT OF ECONOMIC OPPOR- TUNITY AND EFFECTIVE DATE. (PETITION DOA- PL20120D01180) NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, 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 Bowd shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with disability who needs any accommodation in order to participate in this proceed- ing, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Depart•.,'ltent, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS - COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEA - Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the pu urmg this advertisement for publication 'n the said ne "paper. — )��w ( Signat4 of affiant) Sworn to anvut ribed before me T '' 29th da obe , 201L ( of notary public) CAROL PAWLINSKI MY COMMISSION # EE 45538 EXPIRES: November 28, 2014 Bonded Thru Pichard Insurance Agency RECEIVE NOV 0 5 2012 FINANCE ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9C TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FORCSIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The c mpleted routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through 44 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #I through #4, complete the checklist, and forward o Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. Judy Puig GMD Planning & jol, 11/13/2012 Re2ulation/ODerations 2. 3. 4. 5 Kristi Bartlett, Executive Aide to the BCC Office Board of County Commissioners 16. Minutes and Records Clerk of Court's Office —R, Y\ I It ((b I (2 PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the perso who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to conta t staff for additional or missing item.) information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after th BCC has acted to approve the Name of Primary Staff Kay Deselem Phone Number 2 52 -2931 Contact Agenda Date Item was November 13, 2012 Agenda Item Number 9.0 Approved by the BCC Type of Document Resolution Number of Original 1 Attached D0 12 ^D2. 50 ivi2 -2�3 Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is N/A (Not 1. I Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 11/13/2012 and all changes made during the meeting have been incorporated in the attached document. The County nn Attorney's Office has reviewed the changes, if applicable. i'l I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] 9C Sent: Monday, November 19, 2012 1:56 PM To: DeselemKay Subject: DO 2012 -02 /Resolution 2012 -233 Hi Kay, I need the address and contact information /person for the following so that I can forward a copy of the item above ASAP. Department of Economic Opportunity & The Southwest Florida Regional Planning Council Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment .Board Office: (239) 252 -7240 Fax: (239) 252 -8408 F...- mail.: martha.vergara (kcolherclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdeskcdcollierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under I o: sda Law. <.wai adx. �ti s urn auh : re ;csWs If you do not w nt your a(_Jdr �s reieas,e i in `__) a .polaiG lecfxds rc y pest cqt : � t send !ecir' <�r3;c rr; €( ?¢a it�;5 rfiiiiY, instead. ad, ctr� �:ur ?, ttris office y t 9 trr r; �;r iri wi hint 2 9 f Martha S. Veraara From: DeselemKay <KayDeselem @colliergov.net> Sent: Monday, November 19, 2012 2:35 PM To: Martha S. Vergara Subject: RE: DO 2012 -02 /Resolution 2012 -233 State of FL: Mr. Tom Beck State of Florida Department of Economic Development Caldwell Building 107 East Madison Street Tallahassee, Florida 32399 -4120 And RPC: Mr. David Crawford, AICP Southwest Florida Regional Planning Council 1926 Victoria Avenue Fort Myers, FL 33901 Kay Deselem, AICP, Principal Planner Zoning Services -- Planning d Zoning Department Growth Management Division -- Planning d Regulation 2800 N Horseshoe Drive Naples, FL 34104 Phone: 239 -252 -2931 Fax: 239- 252 -6357 ka deselem 0collier o v. ne t i Dwight E. Brock Clerk of Courts �oupt� of C" lI ier 9 CLERK OF THE -IRC IT COURT COLLIER COUNTY OUR OUSE 3301 TAMIAMI IL E ST Clerk of Courts P.O. BOX 4 3044 Accountant NAPLES, FLORIDA 4101 -3 44 Auditor 1, Custodian of County Funds November 20, 2012 Southwest Florida Regional Planning Council David Crawford 1926 Victoria Ave. Fort Myers, Florida 33901 Re: Development Order 2012- 02/Resolution 2012 -233 (Town of Ave Maria DRI) Transmitted herewith is a certified copy of the above referenced document, as adopted by the Collier County Board of County Commissioners of Collier County, Florida on Tuesday, November 13, 2012, during Regular Session. Very truly yours, DWIGHT E. BROCK, CLERK Martha Vergara, Depu lerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierclerk @collierclerk.com CLERK OF THE C- Dwight E. Brock COLLIER COUNTY Clerk of Courts 3301 TAMIAMI P.O. BOX 4 NAPLES, FLORIDA November 20, 2012 flier COURT USE Clerk of Courts C Accountant 44 Auditor Custodian of County Funds State of Florida Department of Economic Development Tom Beck Caldwell Building 107 East Madison Street Tallahassee, Florida 32399 -4120 Re: Development Order 2012- 02/Resolution 2012 -233 (Town of Ave Maria DRI) Transmitted herewith is a certified copy of the above referenced document, as adopted by the Collier County Board of County Commissioners of Collier County, Florida on Tuesday, November 13, 2012, during Regular Session. Very truly yours, DWIGHT E. BROCK, CLERK Martha Vergara, Dep Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk@collierclerk.com i DEVELOPMENT ORDER NO. 12- 0 2 9C RESOLUTION NO. 12 -2 3 3 A RESOLUTION AMENDING RESOLUTION NUMBER 05- 235 (DEVELOPMENT ORDER NO. 05 -01), AS AMENDED BY RESOLUTION NO 11 -132 (DEVELOPMENT ORDER 11 -03), FOR THE TOWN OF AVE MARIA DEVELOPMENT OF REGIONAL IMPACT ( "DRI ") LOCATED IN SECTIONS 31 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST AND SECTIONS 4 THROUGH 9 AND 16 THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST IN COLLIER COUNTY, FLORIDA BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY REVISING EXHIBIT "C" AND MAP "H" CONTAINED IN THE DRI DEVELOPMENT ORDER TO ADD AN ACCESS POINT ON OIL WELL ROAD; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEPARTMENT OF ECONOMIC OPPORTUNITY AND EFFECTIVE DATE. (PETITION DOA- PL20120001160) WHEREAS, the Board of County Commissioners of Collier County, Florida approved Resolution No. 05 -235 (Development Order No. 05 -01) which approved a Development of Regional Impact (DRI) known as the Town of Ave Maria DRI on June 14, 2005; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth as Exhibit "A" to Resolution No. 05 -235 (Development Order No. 05 -01), as amended, to correct a scrivener's error by Resolution No. 05 -377 adopted on November 1, 2005; and WHEREAS, the Town of Ave Maria DRI was amended by Resolution Nos. 08 -153 (Development Order 08 -01) which revised the Development Order relative to the Affordable Housing Section and 11 -132 (Development Order 11 -03) which revised Development Order Exhibit "C" and Map "H" by dividing Town Center 2 into Town Center 2a and Town Center 2b, relocating Town Center 2b to Oil Well Road, and relocating an access point on Oil Well Road; and Ave Maria/DOA- PL20120001160 Rev 11/13/12 1 of 5 Words stesk through are deleted; words underlined are added. I 9 WHEREAS, RES Collier Holdings LLC has petitioned the Board of County Commissioners to amend the Town of Ave Maria Development Order by revising Exhibit "C" and Map "H" contained in the DRI Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the proposed amendment and held a public hearing on October 4, 2012; and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the proposed amendment and the report of the Collier County Planning Commission and held a public hearing on November 13, 2012. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO DEVELOPMENT ORDER AND MASTER PLAN Map "H" and Exhibit "C" contained in the DRI Development Order, Resolution No. 05 -235 (Development Order 05 -01), as amended by Resolution No. 11 -132, (Development Order 11 -03), the Master Concept Plan, are hereby amended and attached to this Resolution as Exhibit "A ", subject to the following conditions: 1. This Resolution approves the location of a driveway connection only. All turning movements, including median openings, shall be determined by Collier County in accordance with its access management policy at the time of right -of -way permit approval. Collier County retains the right at all times in its sole discretion to open, close or modify median openings. 2. All costs associated with the construction of turn lanes, median openings and other improvements related to the driveway connection shall be at the sole cost of owner or developer. SECTION TWO: FINDINGS OF FACT The proposed changes to the previously approved DRI, individually or cumulatively with any previous change, do not constitute a substantial deviation under Subsections 380.06(19)(b) Ave Maria/DOA- PL20120001160 Rev 11/13/12 2 of 5 Words stfuek threu are deleted; words underlined are added. 9C through (e), Florida Statutes, and do not exceed any other criterion for additional development of regional impact review. 2. The proposed changes to the previously approved DRI are in accordance with Subsection 380.06(19)(e)I., Florida Statutes. 3. The applicant submitted to the County the application and materials required for amendment of a development order in accordance with the local government procedures in accordance with Section 380.06, Florida Statutes. 4. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments, and has established that the changes in Map "H" and Exhibit "C" contained in the DRI Development Order result in no additional overall project impacts. 5. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes. 6. No increase in overall development intensity is authorized by this Development Order. SECTION THREE: CONCLUSIONS OF LAW 1. The proposed changes to the previously approved Development Order, either individually or cumulatively with previous changes, do not constitute substantial deviations under Section 380.06(19)(b) through (e), Florida Statutes, and a notice of proposed change was provided by petitioner pursuant to Subsection 380.06(19)(e)I., Florida Statutes. 2. The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. Ave Maria/DOA- PL20120001160 Rev 11/13/12 3 of 5 Words stmek eugh are deleted; words underlined are added. 9C 3. The proposed changes to the previously approved development are consistent with the Collier County Growth Management Plan and the Collier County Land Development Code adopted pursuant thereto. 4. The proposed changes to the previously approved development are consistent with the State Comprehensive Plan. 5. The proposed changes to the previously approved development do not constitute a substantial deviation, do not require further development of regional impact review, and are otherwise approved. 6. This resolution shall be considered an amendment to the development order incorporating the approved change to the previously approved development. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEO AND EFFECTIVE DATE 1. Except as amended hereby, Development Order No. 05 -01, as amended, shall remain in full force and effect, binding in accordance with its terms on all parties thereto. This amended Development Order shall take precedence over any of the applicable provisions of previous development orders which are in conflict herewith. 2. Copies of this Development Order (Resolution) shall be transmitted immediately upon execution to the Department of Economic Opportunity and the Southwest Florida Regional Planning Council. 3. This Resolution shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Ave Maria/DOA- PL20120001160 Rev 11/13/12 4 of 5 Words stfuek through are deleted; words underlined are added. 9C This Resolution adopted this 13th day of November, 2012 after motion, second, and majority vote. ATTEST:, DWIGHT E. BROCK;�CLERK � s �i► Approved as to form and legal sufficiency: U-0- 1 l � 1� �� N Heidi Ashton -Cicko Managing Assistant County Attorney Attachment: Exhibit A - SRA Master Plan CP\ 12 -CPS -01171 \28 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Chai t an Ave Maria/DOA- PL20120001160 Rev 11/13/12 5 of 5 Words stfue-k thr-eugh are deleted; words underlined are added. relvi tL A -- Lam, HSA l \ t I r O �^ WRA h N O CF R v Ii HSA _ J P FSA �A� AMU L R / S � R L ~WRA A (� R R L/ u M u AMU R R M L R R R AMU / R "�L I u ili D y R u K n R R u � R R II - ;i m W WRA ;� n CF i M R ;; A FSA �O" P R {O R _ R I u L R D n �p WRA R n WRA R R I� II O M R II n HSA O I ii ---------- ----- 9J1�_YVELl� ----------------------------------------------- PREVIOUS DRI LAND USE SUMMARY DRI LAND USE SUMMARY OFF -SITE RLSA DESIGNATIONS II UNIVERSITY I SCHOOLS 956 AC AMU UNIVERSITY / SCHOOLS 956 AC FSA RLZ A FLOW WAY STEWARDSHIP AREA RESIDENTIAL 3,115 AC FRI RESIDENTIAL 3,016 AC WRA RL WATER RETENTION AREA MIXED USE 324 AC FM MIXED USE 423 AC HSA RLc A HABITAT STEWARDSHIP AREA COMMUNITY FACILITY 84 AC - CF COMMUNITY FACILITY 84 AC OJ RU A OPEN WETLAND PRESERVE 62 AC F—w-1 WETLAND PRESERVE 62 AC PARK 74 AC F —P] PARK 74 AC LAKE /PARKS 175 AC p LAKE /PARKS 175AC ROADWAYS 237 AC ROADWAYS 237 AC DRI BOUNDARY 5,027 AC DRI BOUNDARY 5,027 AC NOTE: LAND USE CLASSIFICATIONS AND ACREAGES SHONM ABOVE MAY INCLUDE INTERNAL STREETS. LAKES, OPEN SPACE, AND OTHER SUPPORTING USES. ENGINEERING