Backup Documents 02/23/2010 Item #17A
17A
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
xxx Normal Legal Advertisement Other:
(Display Adv., location, etc.)
~*w*.***.*.***.******..*************.*****************................_........................_....._.
Originating Deptl Div: CDES.lZoniUl! Person: Ka)' Deselem, AICP~ Date: J /d-O!J 0
rV\)~-A -
Petition No. (If none, give brief descriptioll):~2006-AR.I03] 8. Magnolia Pond pun
Petitioner: (Name & Address): Davidson Engineering, Tim Hancock, 2154 Trade Center Way, Suite 3, Naples, FL 34109
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) White, Porter
Wright, Morris, & Arthur, 5801 Pelican Bay Blvd., #300, Naples, FL 34108; Magnolia Pond Holdings, LLC & Land Trust I B,
5147 Seahorse Ave., Naples, FL 34103
Hearing before Bee
BZA
Other
Requested Hearing date:
Februarv 23. 2010
Based on advertisement appearing 15 davs before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size::: Pelition PUDZ.A-2006-AR-I0318: Pawel and Teryl
Brzeski, Magnolia Pond Holdings, LLC and Teryl Brzeski. Trustee of the Land Trust # I-B. represented by Davidson
Engineering and Patrick White of Porter, Wright, Morris & Arthur, LLP, are requesting a rc/one from the Magnolia Pond Planned
Unit Development (PUD), Ordinance No. 98.49, and Rural Agriculture (A) Zoning Dislricts to a Mixed.Use Planned Unit
Development (MPUD) to be known as Magnolia Pond M,PUD, permitting 231 mu[ti.tamily dVl'elling units and/or an as::;isted
living facility (ALF) at a floor area ratio of 0.60 with the applicant seeking to add an additional 5 acre..'>" to the site. The subject
property is 4705::1:: acres and is located on the north side of the 1-75 ri)!bt-or.way and half mile west of Collier Boulevard
(CR-951) in Section 34, Township 49 Sonth, Range 26 East, Collier COUllty, Florida
Companion petition(s), if any & proposcd hearing datc:
Does Petition Fee include advertising cosO Yes No It Yes, what account should be charged for advertising costs:
PO Number: 4500096189 lor Account Number: 068779
01-'11-/0
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before Bee 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: to
Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office. retaining a copy for file.
...............*...........***.****.........*...*.*...............**....*****......*.**...........*...
FOR CLERK'S O~~E ONLY: /l )
Date Received: \ DDate of Public hearing~\ 'Z~ JCD Date Advertised: q1-l { D
17A
~
Teresa L. Polaski
From:
To:
Subject:
Minutes and Records
RamirezHeather
RE: PUDA-2006-AR-10318
Hi Heather,
I am working on this ad and noticed there are two different titles on the ad request sheet. Could you tell me which is
correct. Thanks
PUDA-2006-AR-10318
PUDZ-2006-AR-10318
From: RamirezHeather [mailto:HeatherRamirez@colliergov.net]
Sent: Tuesday, January 26, 2010 2:43 PM
To: Minutes and Records
Cc: YbacetaEverildo
Subject: PUDA-2006-AR-10318
Here is the second legal ad for the February 23,d BCC.
Heather L. Ramirez
Planning Technician
Zoning & Land Development Review
2800 N. Horseshoe Drive
Naples, FL 34104
(239)252-2930
Cou>>ty
1
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ORDINANCE NO. 10-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULA nONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM PLANNED
UNIT DEVELOPMENT (PUD) AND AGRICULTURAL (A) TO
MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) FOR
A PROJECT KNOWN AS THE MAGNOLIA POND MPUD
FOR PROPERTY LOCATED ON THE'NORTH SIDE OF
INTERSTATE 75, y, MILE WEST OF COLLIER BOULEVARD
(CR 951), IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF
47.05olo ACRES; PROVIDING FOR THE REPEAL OF
ORDINA.1\,fCE NUMBER 98-49, THE FORMER MAGNOLIA
POND PUD; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Timothy Hancock, AICP of Davidson Engineering, Inc. and Patrick White,
Esquire of Porter, Wright, Morris & Arthur, representing Magnolia Pond Holdings, LLC, Pawel
and Teryl Brzeski and Teryi H. Brzeski, Trustee of The Land Trust #I-B dated September II,
2001, petitioned the Board of County Commissioners to change the zoning classification of the
herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 34,
Township 49 South, Range 26 East, Collier County, Florida, is changed from Planned Unit
Development (PUD) and Agricultural (A) to a Mixed Use Planned Unit Development (MPUD)
to be known as the Magnolia Pond MPUD in accordance with Exhibits A through F, attached
PUDZ-A-2006-AR-10318
Rev,OIJlJ/IO
Page I 0[2
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hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as
described in Ordinance Number 04-41, as amended, the Collier County Land Development
Code, is/are hereby amended accordingly.
SECTION TWO,
Ordinance Number 98-49, known as the Magnolia Pond PUD, adopted on June 9, 1998,
by the Board of County Commissioners of Collier COWlty, Florida, is hereby repealed in its
entirety.
SECTION THREE,
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
COlmnissioners of Collier County, Florida, this __ day of
,2010.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORTDA
BY,
FRED W. COYLE, Chairman
, Deputy Clerk
Approved as to form
and legal sufficiency'
AbA 7c1QL
Steven T. Williams
Assistant County Attorney
Attachments, Exhibit "A" - Permitted Uses
Exhibit "B" - Development Standards and Tables
Exhibit "e" - Master Plan
Exhibit "D" - Legal Description
Exhibit "E" - Deviations
Exhibit "F" - Developer Commitments
09-CPS-00936131
PUDZ.A-2006-AR-10318
Rev. 0 JIl3/! 0
Page 2 of2
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EXIDBIT A
The Magnolia Pond PUD is olo 47.05 acres in size and has a maximum number of231
dwelling units permitted with a density of 4.9 units per acre.
PERMITTED USES
No building, 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:
J. Single-family dwellings (includes zero-lot line), limited to a maximum of
125 units.
2. Two-family dwellings and duplexes.
3. Multi-family dwellings (includes buildings containing more than 2 units
that are physically connected).
4. Assisted living facilities at a F.A.R. of .60 (for each four ALF units
developed, one residential dwelling unit shall be subtracted from the
maximum of 231 permitted dwelling units).
5. Any other permitted use deemed compatible by the Board of Zoning
Appeals.
B. Permitted Accessory Uses and Structures:
Accessory uses and structures customarily associated with the permitted principal
uses and structures, including but not limited to:
J. Customary accessory uses and structures including carports, garages, and
utility buildings.
2. Recreational uses and facilities including clubhouses, swimming pools,
tennis courts, volleyball courts, children's' playground areas, tot lots, boat
docks, walking paths, horse trails and bams, kayak and canoe launches
and storage, picnic areas, recreation buildings, verandahs, and
basketball/shuffle board courts.
3. Manager's residences and offices, temporary sales trailers, and model
units.
4. Gatehouse.
Revised 1-12-10 Page I of IS
17 A
5. Essential services, including interim and permanent utility and
maintenance facilities.
6. Any other accessory use deemed compatible by the Board of Zoning
Appeals.
Revised 1-12-10
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EXlllBIT B
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
STANDARDS SINGLE- TWO- MULTI- ASSISTED CLUBHOUSE
LIVING
FAMILY F AMIL Y FAMILY FACILITY
Min. Lot Area
(per unit/use) 7,500 sq. ft. 5,000 sq. ft. 4,000 sq. ft. 10,000 sq. ft. 7,500 sq. ft.
50 feet 90 feet
Min. Lot interior (1) interior (I) 50 feet
Width (45 feet)(2) interior(l )
60 feet NA 75 feet
1 IO feet 60 feet comer
comer comer lots
(55 feet)(2)
Front Yard 15 feet (5) 15 feet (5) 25 feet 25 feet 25 feet
Setback
Side Yard o feet & 10 o feet & IO
Setback feet or both feet or both 15 feet 15 feet 15 feet
5 feet 5 feet
Rear Yard
Setback
Principal: 20 feet 20 feet 20 feet 20 feet 20 feet
Accessory: IO feet 10 feet 10 feet 10 feet 10 feet
MPUD
Boundary Set.
back:
Principal: 20 feet (3) 20 feet (3) 20 feet (3) 20 feet (3) 20 feet (3)
Accessory: 10 feet 10 feet 10 feet 10 feet 10 feet
Revised 1-12-10
Page 3 of! 5
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STANDARDS SINGLE- TWO- MOL TI- ASSISTED CLUBHOUSE
LNING
FAMILY F AMIL Y FAMILY FACILITY
Setback from 75 feet 75 feet 75 feet 75 feet 75 feet
1-75
Garage 23 feet 23 feet 23 feet 23 feet NA
Setback (4)
Preserve Area
Setback
Principal: 25 feet 25 feet 25 feet 25 feet 25 Feet
Accessory: 10 feet IO feet 10 feet 10 feet IO Feet
Distance One-half the One-halfthe One-half the
Between NA NA sum of the sum ofthe sum of the
Principal building building building
Structures heights. heights. heights.
Distance
Between IO feet 10 feet 10 feet 10 feet I 0 feet
Accessory
Structures:
Maximum
Zoned Height
Principal: 35 feet and 2 35 feet and 2 38 feet and 3 38 feet and 3 35 feet and 2
stories stories stories stories stories
Accessory: 20 feet 20 feet 20 feet 20 feet 20 feet
Maximum
Actual Height
Principal: 42 feet and 2 42 feet and 2 45 feet and 3 45 feet and 3 42 feet and 2
stories stories stories stories stories
Accessorv; 27 feet 27 feet 27 feet 27 feet 27 feet
Minimum I bdr. 650 sq.
Floor Area 1200 sq. ft. 1100 sq. ft. ft. (6) 1200 sq. ft.
2 bdr. - 900
sq. ft.
3 bdr. - 1050
__._u_ sa. ft.
~_.. . _.-
Minimum I carport
carport or 2 car garage I car garage space or 1 car (7) NA
garage per unit ___Lgar~
(1) May be reduced on cul-de-sac lots.
(2) Minimum lot frontage in parentheses applies only in cases where a dwelling unit in a 2-family
structure is on an individually platted lot.
(3) Three-story buildings shall be set back a minimum of three hundred feet from the Golden Gate
Canal right-of-way and one hundred feet from Interstate 75 right-of-way.
Revised 1-12-10
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(4) A minimum of23 feet shall be provided from the back of sidewalk/curb to the face of garage.
(5) 15 foot setback shall apply to side-entry garages. Front entry garages must maintain a minimwn
of23 feet.
(6) Maximum floor area for ALF shall be calculated per the permitted F.A.R. of .60.
(7) Not applicable for assisted living facility buildings. Independent living units that are part of an
ALF shall mirror tbe multi-family parking requirements.
(8) The buffer along Magnolia Pond Drive shall be a Type D buffer of eitber 10 feet in width with a
6 foot privacy wall or 15 feet in width if only vegetation is installed.
Revised 1-12-10
Page 5 of 15
EXHIBIT C
MPUD MASTER PLAN
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Revised 1-12.10 Page 6 of IS
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EXHIBIT D
LEGAL DESCRIPTION FOR MAGNOLIA POND MPUD
OFFICIAL RECORD BOOK 3749, PAGES 0]6]-0165
A PARCEL OF LAND L YlNG IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA MORE PARTICULARLY DESCRffiED AS
FOLLOWS:
PARCEL 8:
TIill WEST 1/2 OF TIill NORTIIEAST 1/4 OF THE SOUTHEAST ]/4 OF THE
NORTHWEST 1/4 IN SECTION 34, TOWNSHIP 49 SOUIB, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
PROPERTY LD. #00296760002
AND
PARCEL 20:
THE EAST 1/2 OF TIill SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTIlWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
PROPERTY J.D. #00297240000
AND
PARCEL 21:
THE EAST 1/2 OF THE NORTHEAST ]/4 OF THE SOUTHEAST 1/4 OF THE
NORTHWEST ]/4 AND THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
TOGETHER WITH ALL THE OIL, GAS AND MINERAL RIGHTS NOW OWNED
BY THE GRANTOR AMOUNT TO NOT LESS THAN 25%.
LESS A PORTION OF THE SE 1/4 OF TIIE SE 1/4 OF THE NW 1/4 OF SECTION 34,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NW ]/4 OF SECTION 34,
TOWNSHIP 49 SOUTH, RANGE 26 EAST; RUN 'lEENCE, SOUIll 00020'07" EAST
ALONG THE EAST LINE OF THE NORTHWEST ]/4 OF SAID SECTION 34, A.
DISTANCE OF 2,324.86 FEET FOR THE POINT OF BEGINNING: THENCE NORTH
74"09'17" WEST, A DISTANCE OF 323.86 FEET TO A POINT: THENCE, NORTH
73"00'33" WEST, A DISTA1'JCE OF 364.53 FEET; 'TIIENCE SOUTH 00019'13" EAST,
A DISTANCE OF 355.71 FEET TO A POINT OF A CURVE CONCAVE
SOUTHWESTERLY; THENCE, FROM A TANGENT BEARING OF SOU1E
76001 '14" EAST, RUN SOUTHEASTERLY ALONG SAID CURVE HAVING A
RADIUS OF 11,297.16 FEET, THROUGH AN ANGLE OF 03000'41" AN ARC
DISTANCE OF 593.78 FEET TO THE END OF SAID CURVE; THENCE, SOUTH
73000'23" EAST A DISTANCE OF 92.07 FEET; THENCE, NORTH 00020'07" WEST
ALONG THE EAST LINE OF THE NW 1/4 OF SECTION 34, A DISTANCE OF
346.19 FEET TO THE POINT OF BEGINNING.
CONTAINING 5.231 ACRES, MORE OR LESS.
Revised 1.12-]0 Page 70fl5
SUBJECT TO: A 50 FOOT MUTIJAL RIGHT-OF-WAY EASEMENT EXTENDING
25 FEET ON EITHER SIDE OF ALL SECTION LANDS INCLUDING QUARTER
AND QUARTER QUARTER SECTION LINES, WmCH EASEMflNT IS FOR THE
USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS.
LESS AND EXCEPT PROPERTY DESCRIBED IN QUIT -CLAIM DEED
RECORDED IN O.R. BOOK 2323, PAGE 508, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
PROPERTY !.D. #00297280002
AND
PARCELS 33 & 38:
THE WEST 1/2 OF THE EAST 112 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
TOGETHER WITH ALL THE OIL, GAS AND MINERAL RIGHTS NOW OWNED
BY THE GRANTOR, AMOUNTING TO NOT LESS THAN 25%.
SUBJECT TO: A 50 FOOT MUTIJAL RIGHT-OF-WAY EASEMENT EXTENDING
25 FEET ON EITHER SIDE OF ALL SECTION LANDS INCLUDING QUARTER
AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE
USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS.
PROPERTY !.D. #00297720009
AND
PARCEL 39:
THE EAST 112 OF THE NORTHEAST 1/4 OF THE SOUTIIWEST 114 OF THE
NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
TOGETHER WITH ALL THE OIL, GAS AND MINERAL RIGHTS NOW OWNED
BY THE GRANTOR A.MOUNTING TO NOT LESS THAN 25%, LESS AND EXCEPT
THE PARCEL SET FORTH IN THA T CERTAIN STIPULATED FINAL JUDGMENT
RECORDED IN O.R. BOOK 994, PAGES 1760-1763, OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA.
SUBJECT TO: A 50 FOOT MUTUAL RIGHT-OF-WAY EASEMENT EXTENDING
25 FEET ON EITHER SIDE OF ALL SECTION LANDS INCLUDING QUARTER
AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE
USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS.
PROPERTY !.D. #00297880004
AND
PARCEL4I:
THE WEST 112 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
LESS AND EXCEPT THE LANDS DESCRIBED IN OFFICIAL RECORD BOOK
1048, PAGES 521-523, OF lHE PUBLIC RECORDS OF COLLIER COUNTY,
FWRIDA.
PROPERTY J.D. #00298000003
AND
Revised 1-12-10
Page 8 of1S
17 A
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PARCEL 114:
THAT PART OF THE S 1/2 OF THE NW 1/4 OF SECTION 34, TOWNSHIP 49
SOUTH, RANGE 26 EAST IN COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRlBED AS FOLLOWS:
COMMENCE AT THE CENTER OF SAID SECTION 34, THENCE RUN N 16"59'37"
EA DISTANCE OF 162.00 FEET; THENCEN 73000'33" W A DISTANCE OF 893.75
FEET; THENCE N 16"59'27" E A DISTANCE OF 162.00 FEET TO THE POINT OF
BEGINNING; AND THE BEGINNING OF A CURVE CONCAVE
SOUTHWESTERLY AND HAVING A CHORD BEARING OF N 73037'19" W;
THENCE NORTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF
11,621.16 FEET THROUGH AN ANGLE OF 01013'41", AN ARC DISTANCE OF
249.10 FEET TO THE END OF SAID CURVE; THENCE N 88028'35" E A DISTANCE
OF 336.37 FEET; THENCE S 00019'13" E A DISTANCE OF 109.09 FEET; THENCE
N 73000'33" W A DISTANCE OF 102.33 FEET TO THE POINT OF BEGINNING.
SUBJECT TO RESTRICTIONS, RESERVATIONS, CONDITIONS AND
EASEMENTS OF RECORD AND UTILITIES REMAINING IN PLACE AND :IN USE,
IF ANY. THIS PROPERTY CANNOT BE USED FOR OUTDOOR ADVERTIS:ING
PURPOSES.
RESERV:ING UNTO THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION ALL RIGHTS OF INGRESS, EGRESS, LIGHT, AIR, AND
VIEW BETWEEN THE ABOVE DESCRIBED PROPERTY AND THE ROAD
NAMED AS FOLLOWS:
STATE ROAD 93 (1-75); ALONG THE FOLLOWING DESCRlBED LINE:
COMMENCE AT THE CENTER OF SAID SECTION 34, TOWNSHIP 49 SOUTH,
RANGE 26 EAST; THENCE RUN N W59'37" E A DISTANCE OF 162.00 FEET;
THENCE N 73000'33" W A DISTANCE OF 893.75 FEET; THENCE N 16059'27" E A
DISTANCE OF 152.00 FEET; THENCE S 73000'33" E A DISTANCE OF 102.33 FEET
TO THE BEGINNING OF THE HERE:IN DESCRIBED LIMITED ACCESS LINE;
THENCE N 73000'33" W A DISTANCE OF 102.33 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHWESTERLY AND HA V:ING A CHORD BEAR:ING OF N
73037'19" W; THENCE NORTHWESTERLY ALONG SAID CURVE HAVING A
RADIUS OF 11,621.16 FEET, THROUGH AN ANGLE OF 01013'41" AN ARC
DISTANCE OF 249.10 FEET TO TIlE END OF SAID CURVE AND THE END OF
SAID DESCRIBED LIMITED ACCESS LINE.
PROPERTY LD. #00297280002
AND
THOSE LANDS DESCRIBED :IN OFFICIAL RECORD BOOK 2904, PAGES 0876
THROUGH 0879 INCLUSIVE, MORE P ARTICULARL Y DESCRIBED AS
FOLLOWS:
Revised H2.1O
Page9of15
THE EAST 1/2 OF THE NORTHWEST 1/4 OF TIlE SOUTIlEAST 114 OF THE
NORTHWEST 1/4 LYING IN SECTION 34, TOWNSIDP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
AND THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 3002, PAGE
2740 MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE EAST HALF OF THE NORTIlEAST QUARTER OF TIlE NORTIlEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 49
SOUTH, RANGE 26 EAST, SAME BEING FIVE ACRES MORE OR LESS.
SUBJECT TO AN ACCESS EASEMENT OF 25 FEET ON, OVER AND ALONG THE
NORTH LINE AND A DRAINAGE EASEMENT ON THE EAST LINE OF SAID
PROPERTY.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
SUBJECT PARCEL CONTAINS 2,049,396.00 SQ. FEET, OR 47.05,r ACRES OF
LAND, MORE OR LESS.
Revised 1.12.10
Poge 10 of IS
17 A
EXffiBIT E
DEVIATIONS
LANDSCAPING AND BUFFERING REOUlREMENTS:
A. Deviation #1 seeks relief from LDC Section 4.06.02(C)2, Bufler Yard
Requirements, which requires an Alternative B (15 foot wide) Landscape Buffer,
to allow for a reduction in width to 10 feet when the common property line
between single or two family units and multi-family units are internal to the
project and employ a similar architectural theme. The planting materials shall be
the same as the Type 'B' buffer.
B. Deviation #2 seeks relief from LDC Section 6.06.01(0), Minimum Right-of-Way
Widths, which requires a minimum of a 60 foot width, to permit within the
proposed MPUD internal roadway right-of-ways of 50 feet in width.
Revised 1.12.(0
Page 11 of 15
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EXHIBIT F
LIST OF DEVELOPER COMMITMENTS
1. GENERAL
The property owner, his or her assigns and or subsequent homeowners
associations will be responsible for the maintenance of common areas and
infrastructure associated with future development
2. ENGINEERING
A. Prior to SDP approval a FDOT "Notice of Intent to Issue" Right of Way
penuit shall be submitted for work within the S.R. 951 right of way.
B. The project shall utilize internal loop roads whenever feasible and shall
eliminate dead-end roads where practical.
3. WATER MANAGEMENT
A. A copy of the approval of the SFWMD Right of Way and Discharge
Pennit for outfall into the Golden Gate Canal shall be submitted prior to
Final Plat and/or SDP approval.
B. A 30' wide drainage, maintenance and access easement will be donated at
no cost to the County along the entire length of the eastern property line.
Said easement will be provided at the time the applicant receives an
approved SDP or within 120 days of receiving a written request for the
drainage easement from Collier County.
C. Lake setbacks from the perimeter of the MPUD may be reduced to twenty-
five (25) feet where a six (6) foot high fence or suitable substantial barrier
is erected.
Revised 1-12-10 Page 12 of 15
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4. TRAFFIC
A. This project may not receive Development Order approval until fair share
contribution towards planned intersection improvements at the Magnolia
Pond and CR-951 intersection as identified by County project SAP
#60092 extending from Davis Blvd. northward to the Golden Gate canal
have been approved and accepted by Collier County.
B. A minimum throat length of 100 feet shall be maintained at any gated
entrance.
C. The maximum number of trips generated by any proposed development
shall be based on the 125 single-family units (UJC 210) defined in the
TIS that generate 131 pm peak hour trips. Any mixed residential
development proposed shall not exceed those 131 pm peak hour trips.
D. The donation of the 30' drainage, maintenance and access easement along
the eastern property line represents the project's full fair share portion of
the one-time maintenance/clean out costs of the MGG-15 drainage swale.
E. The property owner shall within 30 days of the adoption of this PUD
convey at no cost to the County a 20' easement along the southern side of
the Golden Gate Canal for use as a pedestrian and bicycle access purposes.
The easement will not be used by vehicles beyond those necessary to
mainlain the improvements constructed within the easement.
5. ENVIRONMENTAL
A. The minimum native preservation requirement shall be 10.28 acres (41.10
acres existing indigenous vegetation x 25% = 10.28 acres to be preserved).
B. Pennitted Principal Uses and Structures in the Preserve (for as long as the
minimum required preserve acreage is retained):
(i) Passive recreational areas including recreational shelters.
(ii) Biking, hiking, and nature and horse trails, and boardwalks.
(iii) Native preserves and wildlife sanctuaries.
(iv) Any other use deemed consistent with the LDC for pennitted uses
in preserves or deemed compatible by the BZA at time of
Development Order approval.
C. Florida Black Bear and Big Cypress fox squirrel management plans shall
be submitted as part of the next Development Order.
D. A Gopher Tortoise relocation management plan shall be submitted as part
of the next Development Order.
Revised 1-12-10 Page 13 of15
E. A report to the Environmental Services staff on the results of the
relocation of gopher tortoises shall be provided within thirty days of
relocation. The report must contain the following information:
. the number of burrows excavated,
. the number of tortoises relocated, and
. the [mal relocation site.
6. ARCHITECTURAL
A. All buildings, lighting, signage, and landscaping shall be architecturally
and aesthetically unified. Said unified architectural theme shall include: a
similar architectural design and use of similar materials and colors
throughout all of the buildings, signs, and fences/walls to be erected on all
of the subject parcels. Landscaping and streetscape materials shall also be
similar in design throughout the subject site. Within any multi-family
project all roofs, except for carports, shall be peaked and finished in tile or
metal. Within any single-family or two-family project all roofs, except for
carports, shall be peaked and finished in tile, metal, or architecturally-
designed shingles (such as Timberline).
7. OPERATIONAL CHARACTERISTICS FOR ALF UNITS
A. Care units may be composed of one or more types of care/housing
facilities. These care/housing types include, but are not limited to
independent living, assisted living, and nursing homes, each of which can
have varying operational characteristics. The following characteristics of
care units distinguish them from residential land uses, and all of the
characteristics must be provided for and maintained to be considered a
care unit:
(i) There shall be on-site dining facilities for the residents
with food service being on-site or catered
(ii) Group transportation services shall be provided for the
residents for the purposes of grocery and other types of
shopping. Individual transportation services shall be
coordinated for the residents needs, including but not
limited to medical office visits.
(iii) There shall be an on-site manager/activities coordinator
to assist residents, and shall be responsible for planning
and coordinating stimulating activities for the residents.
(iv) A wellness facility shall be provided on-site to provide
for exercise and general fitness opportunities for the
residents.
Revised 1-12-10 Page 14 of15
17A
(v) Each unit shall be equipped with a device to notify
emergency service providers in the event of a medical or
other emergency.
(vi) For independent living units, each unit shall be designed
so that a resident is able to age in place. For example,
kitchens may be easily retrofitted to lower the sink to
accommodate a wheelchair bound resident or bathrooms
may be retrofitted to add grab bars.
Revised 1-12-10 Page 15 of 15
17A
17A
Acct. #068779
January 28,2010
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, FL 34110
RE: PUDZ-A-2006-AR-I0318, Magnolia Pond PUD
Dear Legals:
Please advertise the above referenced petition on Sunday, February 7, 2010, and
kindly send the Affidavit of Publication, in duplicate, together with charges involved
to this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O. #4500096189
17A
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, FEBRUARY 23, 2010, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING
ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT
(PUD) AND AGRICULTURAL (A) TO MIXED USE PLANNED UNIT DEVELOPMENT
(MPUD) FOR A PROJECT KNOWN AS THE MAGNOLIA POND MPUD FOR
PROPERTY LOCATED ON THE NORTH SIDE OF INTERSTATE 75, 1/2 MILE
WEST OF COLLIER BOULEVARD (951), IN SECTION 34, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF
47.05+/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98-
49, THE FORMER MAGNOLIA POND PUD; AND BY PROVIDING AN EFFECTIVE
DATE.
Petition: PUDZ-A-2006-AR-l03l8, Pawel and Teryl Brzeski, Magnolia
Pond Holdings, LLC and Teryl Brzeski, Trustee of the Land Trust # 1-
B, represented by Davidson Engineering and Patrick White of Porter,
Wright, Morris & Arthur, LLP, are requesting a rezone from the
Magnolia Pond Planned Unit Development (PUD) , Ordinance No. 98-49,
and Rural Agriculture (A) Zoning Districts to a Mixed-Use Planned
Unit Development (MPUD) to be known as Magnolia Pond MPUD, permitting
231 multi-family dwelling units and/or an assisted living facility
(ALF) at a floor area ratio of 0.60 with the applicant seeking to add
an additional 5 acres to the site. The subject property is 47.05+/-
acres and is located on the north side of 1-75 right-of-way and half
mile west of Collier Boulevard (CR-95l) in Section 34, Township 49
South, Range 26 East, Collier County, Florida.
Copies of the proposed Ordinance are on
Board and are available for inspection.
invited to attend and be heard.
file with the Clerk to the
All interested parties are
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 5
minutes on any item. The selection of an individual to speak on
behalf of an organization or group is encouraged. If recognized by
17A
the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted
to the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides 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 a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 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
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
330 I TAMJAM[ TRAIL EAST
PO. BOX 413044
NAPLES. FLORIDA 34[01-3044
17A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 28,2010
Davidson Engineering
Tim Hancock
2154 Trade Center Way, Ste 3
Naples, FL 34109
RE: PUDZ-A-2006-AR-I0318, Magnolia Pond PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, February 23, 2010 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, February 7, 2010.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
\"
i~~
esa Polaski,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Emai[: collierclerk@collierclerk.com
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
330 I TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17A
"1
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 28,2010
Magnolia Pond Holdings, LLC
& Land Trust IB
5147 Seahorse Ave.
Naples, FL 34103
RE: PUDZ-A-2006-AR-I0318, Magnolia Pond PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, February 23, 2010 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, February 7, 2010.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~k~
eresa Polaski,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Websik: www.collierclerk.com
~--~--_._-~-----~----
Fax (239) 252-2755
Email: colliercIerk@collierclerk.com
Dwight E. Brock
Clerk of Courts
CountY: of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COLiNTY COURTHOUSE
3301 TAMIAMI TRAIL L\ST
PO. BOX 413044
NAPLES, FLORIDA 34101-3044
17A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 28,2010
Patrick White
Porter, Wright, Morris & Arthur
5801 Pelican Bay Blvd., #300
Naples, FL 34108
RE: PUDZ-A-2006-AR-I0318, Magnolia Pond PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, February 23, 2010 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, February 7, 2010.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
p~~
eresa Polaski,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk(a]collierclerk.com
17A
Teresa L. Polaski
To:
Subject:
Attachments:
Naples Daily News Legals
PUDZ -A-2006-AR-1 0318
PUDZ-A-2006-AR-1 0318.doc; PUDZ-A-2006-AR-10318.doc
Legals,
Please advertise the following on Sunday, February 7, 2010. Thanks
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(Teresa. Po las ki@collierclerk.com)
1
17A
Teresa L. Polaski
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews.com]
Thursday, January 28, 2010 10:55 AM
Teresa L. Polaski
RE: PUDZ-A-2006-AR-10318
ok
From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com]
Posted At: Thursday, January 28, 2010 10:44 AM
Posted To: Legals - NDN
Conversation: PUDZ-A-2006-AR-10318
Subject: PUDZ-A-2006-AR-10318
Legals,
Please advertise the following on Sunday, February 7, 2010. Thanks
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County CommissIOners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(Teresa. Po las ki@eollierelerk.eam)
Please visit us on the web at www.collicrc1erk.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 emailingheIDdesk(a)collierclerk.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 offjce by telephone or in writing.
Teresa L. Polaski
1.7A
From:
Sent:
To:
Subject:
Attachments:
Pagan, Emely [EPagan@Naplesnews.com]
Thursday, January 28, 2010 11 :51 AM
Teresa l. Polaski
Ad Confirmation
UAS8A6.jpg
ATTACHED please review your notice & confirm via email.
Thank you for
PUB. Date
Publication
Ad Number
Total Ad Cost
Emely Pagan
213-6061
placing your ad.
FEB. 7, 2010
NDN
1837297
$298.08
1
NOTICE or H~TENT
TO CONSIDER OR[}INANCE
~~~~~fiEt~L€R~~i~~: ~bdltO~nl~li~s~
6o<lf'droom, lid Floor, AdlT1in'!~lration
6uildinq. (oilier (ounty Govr.rnm~nt
Centp,!. HO I fan T"lmiaml Tr~it,
Naples, florida, 'h~ oO;Hd <:11 (<:Ilmty
(oll'lmi~sionO?f\. wil! (Qri~ider tho: enil:f.1
ment of a Counw Ordin,~Il(eThl1
maetlnq will ;:omlill:lr:({l <'1t 900 A.M.
The title of rhep'opcsed OrdlMllce is
iHfolkwv'::
17A
AN ORDINANCE or "'"f-[ aOARtJ or
COUNTy COMMISSIONERS OF COLLIER
COUNTY, r-LORIDA, AMENDiNG ORDI-
NANCE NUMBER 2004.41, AS AMEND.
ED, THE COLLiER COUNTY LAND [JE-
VE'.OPMENT CODE WHICH INCLUDES
TH~ COMrrtEHEN51VE ;:ONlr~G REGll-
LA"'"IONS FOR THE lININCORPClRATED
AREA Of COLLIER COUNTY, FLORID.<l"
t>y AMENDING THE APr'rWr'f~lA,n
Z.ONING ATLAS MAl' '.),R MAP''> E;Y
CHANC:;;ING THE lONI~JG CLA'>~IFICA-
TION Of 1l1E Hi;:REH~ (JES(RlllW REAL
pf'OF'Hny fROM P'_ANNE:D UNIT DE-
VELOPMENT {PLJO: A.rm AGRiCUL"'"IJll-
AL (Ai TU MIXED UjE f"!..ANNED l.INIT
DEVELOPMENT (MI'UDl tOR A PROJ-
ECT KNOWN AS "t,( MAGfW!..!A
POND MPLJD FOR 1'"OPtHIY LOCArm
or, THE NORTH SI[lE OF lNIER51ATl
Pi. 1/2 MILL wtsr Of WLu::n aotJLE-
VMW i9~1J, IN SECTiON VI. TOWN.
SIH' <19 SOllnl, flANGE 26 EAST, COL.
llm (OUNW, FLOHI[;II, CONSISTING
OF 47,OS!/. }\(!~ES, PROV!DING FOR
THE f1EPU\!.. Of OIWINANCL NUMSER
98.49, THE fORMER MAGNOLIA POND
f>llD: AND BY i>I\OV!DING ;,N EflEC-
riVE D^'i:
i"etltior~: I'L;DL.-A.2(106-,'\R-l0)'18, 1',,-
w(!I<llld TiJorylBwl,kl. l\IIagnollaF'ond
IloldIl19', Lle and Iwyl tlrl~sh ilUS-
ter!.of It,,? land l'L",r H 1-B. ro;opn..
,pntE'd by Davidson E"9rneonl19 ,;md
i"a'rlck Whit.. of POI rer, Wnght, Mom',
& Arlhur, U.p. arl;' r,'q"esliilg .'I r<lWil(!
fro'nlhe M.Jgrmlia PO'ld PI,anned Unll
Dfilv,;:lopmern (PUD)" O.dll1ance No
'11,.49. ,HId RUfoll A')Hrultww (A) lQn-
1110, r)I~!Jln> to il MI~~d-IJ~E' PlilnnGd
LlrHt [)eveItJpm"nr (M i'"L1 D) to Of'
kn()wn Ii'; M;~9"()I,,, f'ond MPLlD. rmr-
tl1lttll\g 2:31 IT1Ull.tillf\,I~ dw~llillg
1Jt\,t~ and/or iltl olS\'U<l-O IlVlOg faollty
(ALfJ .'It ,1 tkmr ,m.~<) ',Ill!) of {\6Q wlrt;
the ilpniirill'twel"'lgfOadd an adt:li.
tional 5 an",(, tc" :hll' \Il~ r"";\Jbien
p"'p..r:y I~ 4J 05..,. ilU"', and is IOCilt-
~(.i on lh!'norrh ~.Irle of 1-75 "fllll-Qf-
Wcly ~nd tldlll11,1", we~l of (oilier aOlll-
~w'rd icrVJ~1) In S~"-tlor, 34" lowf'~hlp
4~ <'Qulh, It,ng!! 16 E<>sl, Collier Coun-
ty, FIOl'l:fll
~~~:f; ~:,~h~~r~e;ketdQ ~:~i~~~'d :~~
dl,,~,'<lol,Jlll..for,mp'Krion. All Intel-
e\lli!d pil'1,e~ iI(f! ,n"Jlr,p.d :0 attend and
b~ h'"~t(j.
Non All p!'rH)rl<, wi:;hing to ~peak
Clrl arlV,)gli'nd~ ill!1ll must refJlsterwith
thO' Co,mty ildmtnl~jrill(lr prIor topn;!-
~l!ntaTlon of the a'}l'!rlda it!!m to bt'
addro=s,ed. Individual \peilkl!r~ will be
iirn'T!!dtQ5mtnlJt~onanjr.tem, rht!'
~e[f!r!ton of .HI '",dlvidual tv speak on
behalfor.Jn al!l,"nlz31mn or group 1\
l!1l,ou',l!;)@d If r"'{Dgniz@d by HIP.
(h,1wn~n~ a 'poke~pp',ofl tor a gro,-,p
(;f 0'9M)I~~tIQn rt1,~y be allotted 1(.)
,-n r.utes:o sp",~k on an Item.
;:>ersoos wrsh,n\,l to have wrnter or
Qlilph.( m<lI,;orial"mllJrJe-d In lho;>
flo..rd i'l!J@ndil pil,keh mun ~Ublllll
;.if.d matlHi..1 <I minimum of lWri'e:b
'1"10. toti'le relopt-'f:t:ve publicl111ar-ing
n any (il~, IIIrnttf,m m",tri',i<ll\ Intended
lobt!'wnSiderE(1 bjithe 8fJ<lrd i.hall b",
;.IJUfl':tter;l;(-' lheapproprlil'e (oumy
..taf! ,I rl'ini;nlun ot'>€\rPr1 dJl'spriortD
lh.. pub!;, healing. All matl'riat used
In pre>f'11tatiofl~ b<oforetlll'! BOMd will
becam.. a pe"m"lr"nl p~rt of The nl.
(ord,
Any p..rson who (Je6d,g,to .Jpp"-'al OJ
dt'<;.isIOll aT lhe Board will r,p~dil 'l!'
cord of thlf pro(fI..oings pen~;I);n9
[heTlna <md ther.."..'@, may need 10
"ll~Ufe !llil. ,1 vl!rbilti'll fl!'(Qrd of l~'"
proceEding, is milrie, whiUi remrd ;n
l'il"d",~ lh", lenimrHlY .1nd l"\fidenr.!!
'Ipon whlrh the ilpr>eaJ,~ b,,$ed.
if yO\J 'lrE' ~ pill'Oil with " di~ilbili,y
whu n..",ds <Ill\( ,)(cornmodation m Of
df>r 10 PiHtifiimlf> in ,hi~ pr(l(l!@dirl\l.
}lOlr afP "'Iltlr:led, ,1: nQ~Q;t to YOIJ, TD
HIp. pf()VI~iDn of ('Hl,~iJ1 ;)S"I~t,)'lCi'.
PI...ils*, (ontar' th'l CallioJ' CDunty fa.
~~;t~~~ ~a~36~t~~~,~~~~r~i,nJa~~
lluilrJing W, N.lpi>1.s. Floridil14112,
i139)lS;'.iiJaO;A\mt..dll<.t&ning da.
"'Cl"sfor Ihl!hf>Mrng impaill"'<.J are
<loailable Ln tlw Cou'l1V Cornrni~,ion
"r,'Of<'i(f!,
ElGARD Of COUNTY COMMISSIONERS
COLLIER COUNTY. fLORtDA
DONNA FIALA, CHAIRMAN
DWIGHT E, BROCK, ClERK
lly 1e,..sa POlilSk; Deputy Clelk
("lAL)
~",b,uary 7, 2010 NoHB7291
NAPLESIBONITA 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 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
on February 7, 2010
time in the issue
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 Coumy. Florida. 1ur a period of I
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, finn or cO/Tmration any discount rebate,
commission or refund for the purpose of securing this advertisement for
PU~De~:;cr
( Signature of affiant)
Sworn to and subscribed before me
This 10th day of February, 2010
arJ ~,
(Sign
KAROL E KANGAS
Notary Public - Slale of Florida
My Comm. Expires Ju129, 2013
Commission # DO 912237
NOTlCE.OF INTENT
TO CONSlDERORDIftANcE
NQtkeli hnbv liven that onTUES-
DAY,FQ;IWARY . 23, 20tO, In the
Boardroom. .3rd. Floor, Administration
8ulldlng. ~lller~ Government
~~J!!;~t:B~~'~i C:~~
~," wlU(onslder the eM(t.
mtnt Of i County Ordtnfnce. The
ir!HtIng wttI corrirntn(e at 9:00 A.M.
'n1e,00.; ~the pt'opolitd Ordinance Is
asfotlows:
AN . ORDINANCE OF THE BOARD OF
COUHI'Y COMMlSSlONEItSOF COUIER
COUNTY, FLORIDA.. AMENDING ORDI.
NANCl . NUMBER 2004-41, AS AMEND-
ED. THE COlLIER COUNTY LAND DE-
velOftMlNT. CODE WHKK ./NClUOES
THE' COMPREHQISIVi ZONIHG. RIlGU-
LATtON5 fOA ~E. UN)N(ORPORA1ED
AREA Of <:OLlle~ CQUI<TY. FLORIDA.
IY .. A~NI1!ol"G, 1M'... A~1l:0PRlAU:
ZOHIftGA1J,AS MAP OR MAPS BY
E*a~~
.VE1.OPMJNT. . (PUn. )' AND AGRlCUl TUR-
A~L lAl. ' to.. I MIXEl)UU: PlANNED UNn'
L_m_lPOll APllCJ-
CT K~'" AS "TH~MAGt(OLlA
POND . 0 Fem PROPERTY LOCATED
ON TH! . SIDE OF lNTEMTATE
75, 1/2 MILE WEST. OF COUI!!R BOULE-
VARD (t51), IN SECTION :J4, TOWN.
SHIP 49 SOUTH, RANGE 26 EAST, CQl-
UER COUNTY, FLORIDA.. CONSISTING
OF 47.05+1- ACRES; PftOVlOING FOR
THE REPEAL OF ORDINANCE NUMBER
91-49, THE .FORMER MAGNOLIA POND
PVO;. ANPlfY PROVIDING AN EfFEC-
TIVE DA"it.
htItlon: PUDZ-A:~-1(l31B, . Pa-
'ftfiI.t.Id.rerYI.BrUikl, Magnolia Pond
ffoIdlnas. lLl:: and Teryl Stteskl, TfU$-
.or'the Landtr~'1-8, (~
""od IwD'"~" ,_... '""
Patr:ldtvJhjtt of,PQrter, ~ Morrla
6 Atttlur, UP, are ~~..:lJzon.
from the Magnolla)[~~ Unit
~~RU~~:(A) J!:
Ing DistrictS toa' F4lbc....u:se -pfanned"
UnIt OeveloPlTlent (MPUO) tobt
known . Magnolia Pond MPUD,pet-
:':"~1anm=I~i.~~r:
~ii~:.=.rj'J"~'J:=.
tI.iMk_...li'iiiOlo. l'IMl ........
PfOP'rtv':i. '4"..JJS,.I~'" .... allCi It Ioi:at.
tdorl'lM'.tlOl1tt.. ....(jf l"15~
waytnd:~1f mile . .. of Collier Boul.
evard-(CR-9Sf) in Sadlon 34; Township
49 South, Range 26 East, Collier Coun-
ty,Florida.
Copjes of the proposed Ordinance ate
on file with the cterk to thl 8oa(d and
are ilvt/W)U for irspectlon. All Inter-
este;d Pal:t.'- al'f In~'-dtoattend and
be hHi'd;. '.
NOll:: AU pilll'lOl'l5 wJ$h'1ng to speak
on any.agertda Item must, I'tQlster WIWl
the ~~litrR)r prior to pre-
sentatioJt 'of .tfNt'. "WI. . Item to be
addAiIiid, J~Ult sp..kers will be
Hmikd::to. s.mlnutes. qn.~.ltem. The
~;of".n.~.ti3.speak on
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17A
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7 A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documems should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Ofi'ice only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the
1
excention of the Chairman's si2J1ature, draw a line through routine lines #1 throu~ #4, comolete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
l. Judy Puig CDES Administration ~ ~d31/o
2.
3.
4.
5 Ian Mitchell, Supervisor, BCC Office Board of County L- 'l../Z-f/ID
Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BeC approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one oflhe addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the BeC office only after the Bee has acted to approve the
item.)
Name of Primary Staff Kay Deselem Phone Number 252-293 ]
Contact
Agenda Date Item was February 23, 20]0 Agenda Item Number ]7.A.
Approved bv the BCC
Type of Document Ordinance Number of Original I
Attached .;1.0\0 -t>lo Documents Attached
I.
INSTRUCTIONS & CHECKLIST
]nitial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro nate.
Original document has been signed/initialed for lega] 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 ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the ~C Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
]n most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in 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 our deadlines!
The document was approved by the BCC on February 23, 2010 and all changes made
during the meeting have been incorporated in tbe attached document. The County
Attorne 's Office has reviewed the chan es, if a licable.
Yes
(lnitia])
KD
N/A (Not
A licable)
2.
3.
4.
5.
6.
tJ/Jl.
KD
KD
KD
KD
I: Forms! County Forms! Bee Formsl Original Documents Routing Slip, WWS Original 9.03.04, Revrsed 1.26.05, Revised 2.24.05
:ItA ;LI
MEMORANDUM
Date
March 10,2010
To:
Kay Deselem, Principal Planner
Zoning and Land Development
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2010-06: Magnolia Pond MPUD
Validated Ordinance 2010-07: Immokalee Regional AOPUD
Attached for your records are copies of the ordinances referenced above
(Items #17 A & #17B), adopted by the Board of County Commissioners on
Tuesday, February 23, 2010.
The Minutes and Records Department has retained the originals for the Board's
official record.
If you should have any questions, please contact me at 252-8406.
Thank you.
Attachments (2)
17A
:~
MEMORANDUM
Date:
March 11,2010
To:
JeffKlatzkow, County Attorney
County Attorney's Office
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2010-06: Magnolia Pond MPUD
Validated Ordinance 2010-07: Immokalee Regional Airport
Operations MPUD
Attached for your records, are copies of the ordinances referenced above,
(Items #17 A & #17B) adopted by the Board of County Commissioners on
February 23, 2010.
If you have any questions, please contact the Minutes and Records Department
at 252-8406.
Thank you.
Attachments (2)
17 AI~
ORDINANCE NO. 10 - Oh
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING TIlE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF 'I'llI'
HEREIN DESCRIBED REAL PROPERTY FROM PLANNED
UNIT DEVELOPMENT (PUD) AND AGRICULTURAL (A) TO
MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) FOR
A PROJECT KNOWN AS THE MAGNOLIA POND MPUD
FOR PROPERTY LOCATED ON THE NORTH SIDE OF
INTERSTATE 75, ]/2 MILE WEST OF COLLIER BOULEVARD
(CR 951), IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF
47.05ct ACRES; PROVIDING FOR THE REPEAL OF
ORDINANCE NUMBER 98-49, THE FORMER MAGNOLIA
POND PUD; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Timothy Hancock, AICP of Davidson Engineering, Inc. and Patrick White,
Esquire of Porter, Wright, Morris & Arthur, representing Magnolia Pond Ho]dings, LLC, Pawel
and Teryl Brzeski and Teryl H. Brzcski, Trustee of The Land Trust #]-B dated September] 1,
2001, petitioned the Board of County Commissioners to change the zoning classification of the
herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
The zoning classification of the herein described rea] property located in Section 34,
Township 49 South, Range 26 East, Collier County, F]orida, is changed from Planned Unit
Development (PUD) and Agricultural (A) to a Mixed Use P]anncd Unit Development (MPUD)
to be known as the Magnolia Pond MPUD in accordance with Exhibits A through F, attached
PUDZ-A-2006-AR-I0318
Rev. 0 1/l3/l 0
Page I of2
17 A '1
hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as
described in Ordinance Number 04-41, as amended, the Collier County Land Development
Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance Number 98-49, known as the Magnolia Pond PUD, adopted on June 9, 1998,
by the Board of County Commissioners of Collier County, Florida, is hereby repealed in its
entirety.
SECTION THREE:
This Ordinance shall become ellective upon tiling with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this '2.3 day of jet /'\.I.:) ,2010.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
""',-[:.'.',
... ~_1, ~
BY: ~W. ~.
FRED W. COYLE, Chmr an
~7.W'Q.~
Steven T. Williams
Assistant County Attorney
Attachments: Exhibit "A" - Permitted Uses
Exhibit "B" - Development Standards and Tables
Exhibit "C" - Master Plan
Exhibit "D" - Legal Description
Exhibit "E" - Deviations
Exhibit "I''' - Developer Commitments
09.CPS.00936i31
PUDZ-A-2006-AR- t 03 t 8
Rev.Ol/t3/t0
Page 2 of2
...."-,....~..,---'-,...,."---____~_~~,_.._~,.,_~,,...,_...~"_.._."h.____'~.._..,..,'.,~.....-.,,.._._. ._____._..~,___"_,__~~.,~~_._..__,,_.___.,._._....~u___._..._.._.._..._,.... ,~,"_'___"_._.'_',_ .
17 A ...,
EXHIBIT A
The Magnolia Pond PUD is * 47.05 acres in size and has a maximum number of231
dwelling units permitted with a density of 4.9 units per acre.
PERMITTED USES
No building, 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. Single-family dwellings (includes zero-lot line), limited to a maximum of
125 units.
2. Two-family dwellings and duplexes.
3. Multi-family dwellings (includes buildings containing more than 2 units
that are physically connected).
4. Assisted living facilities at a F.A.R. of .60 (for each four ALF units
developed, one residential dwelling unit shall be subtracted from the
maximum of 231 permitted dwelling units).
5. Any other permitted use deemed compatible by the Board of Zoning
Appeals.
B. Permitted Accessorv Uses and Structures:
Accessory uses and structures customarily associated with the permitted principal
uses and structures, including but not limited to:
1. Customary accessory uses and structures including carports, garages, and
utility buildings.
2. Recreational uses and facilities including clubhouses, swimming pools,
tennis courts, volleyball courts, children's' playground areas, tot lots, boat
docks, walking paths, horse trails and barns, kayak and canoe launches
and storage, picnic areas, recreation buildings, verandahs, and
basketball/shuffle board courts.
3. Manager's residences and offices, temporary sales trailers, and model
units.
4. Gatehouse.
Revised 1-]2-10 Page I ofl5
17A nil
5. Essential services, including interim and permanent utility and
maintenance facilities.
6. Any other accessory use deemed compatible by the Board of Zoning
Appeals.
Revised 1-12-10 Page 2 of 15
17 A '~l1
EXHIBIT B
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
STANDARDS SINGLE- TWO- MULTI- ASSISTED CLUBHOUSE
LIVING
FAMIL Y F AMIL Y FAMILY FACILITY
Min. Lot Area
(per unit/use) 7,500 sq. ft. 5,000 sq. ft. 4,000 sq. ft. 10,000 sq. ft. 7,500 sq. ft.
50 feet 90 feet
Min. Lot interior (I) interior (I ) 50 feet
Width (45 feet)(2) interior( I)
60 feet NA 75 feet
110 feet 60 feet corner
corner corner lots
(55 feet)(2)
Front Yard 15 feet (5) 15 feet (5) 25 feet 25 feet 25 feet
Setback
Side Yard o feet & 10 o feet & 10
Setback feet or both feet or both 15 feet 15 feet 15 feet
5 feet 5 feet
Rear Yard
Setback
Principal: 20 feet 20 feet 20 feet 20 feet 20 feet
Accessory: 10 feet 10 feet 10 feet 10 feet 10 feet
MPUD
Boundary Set-
back:
Principal: 20 feet (3) 20 feet (3) 20 feet (3) 20 feet (3) 20 feet (3)
Accessory: 10 feet 10 feet 10 feet 10 feet 10 feet
Revised 1-12-10
Page 3 of 15
'_~'___"____n...~_ ..._...........___''..___.__.__.____...__
17 A
1
STANDARDS SINGLE- TWO- MULTI- ASSISTED CLUBHOUSE
LIVING
F AMIL Y FAMILY F AMIL Y FACILITY
Setback from 75 feet 75 feet 75 feet 75 feet 75 feet
1-75
Garage 23 feet 23 feet 23 feet 23 feet NA
Setback (4)
Preserve Area
Setback
Principal: 25 feet 25 feet 25 feet 25 feet 25 Feet
Accessorv: IO feet 10 feet 10 feet 10 feet 10 Feet
Distance One-half the One-half the One-half the
Between NA NA sum ofthe sum of the sum of the
Principal building building building
Structures heights. hei ghts. heights.
Distance
Between 10 feet 10 feet 10 feet 10 feet 10 feet
Accessory
Structures:
Maximum
Zoned Height
Principal: 35 feet and 2 35 feet and 2 38 feet and 3 38 feet and 3 35 feet and 2
stories stories stories stories stories
Accessory: 20 feet 20 feet 20 feet 20 feet 20 feet
Maximum
Actual Height
Principal: 42 feet and 2 42 feet and 2 45 feet and 3 45 feet and 3 42 feet and 2
stories stories I stories stories stories
Accessorv: 27 feet 27 feet 27 feet 27 feet 27 feet
Minimum ! 1 bdr. 650 sq.
Floor Area 1200 sq. ft. 1100 sq. ft. ft. (6) 1200 sq. ft.
2 bdr. - 900
sq. ft.
3 bdr. - 1050
sq. ft.
Minimum 1 carport
carport or 2 car garage I car garage space or 1 car (7) NA
garage per unit garage
(I) May be reduced on cul-de-sac lots.
(2) Minimum lot frontage in parentheses applies only in cases where a dwelling unit in a 2-family
structure is on an individually platted lot.
(3) Three-story buildings shall be set back a minimum of three hundred feet from the Golden Gate
Canal right-of-way and one hundred feet from Interstate 75 right-of-way.
Revised 1-12-10
Page 4 of 15
17 A
(4) A minimum of 23 feet shall be provided from the back of sidewalk/curb to the face of garage.
(5) ] 5 foot setback shall apply to side-entry garages. Front entry garages must maintain a minimum
of 23 feet.
(6) Maximum floor area for ALF shall be calculated per the permitted F.A.R. of .60.
(7) Not applicable for assisted living facility buildings. Independent living units that are part of an
ALF shall mirror the multi-family parking requirements.
(8) The buffer along Magnolia Pond Drive shall be a Type D buffer of either] 0 feet in width with a
6 foot privacy wall or ] 5 feet in width if only vegetation is installed.
Revised 1-12-10
Page 5 of 15
EXHIBIT C
MPUD MASTER PLAN
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EXHIBIT D
LEGAL DESCRIPTION FOR MAGNOLIA POND MPUD
OFFICIAL RECORD BOOK 3749, PAGES 0161-0165
A PARCEL OF LAND LYING IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA MORE PARTICULARL Y DESCRIBED AS
FOLLOWS:
PARCEL 8:
THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE
NORTHWEST 1/4 IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY. FLORIDA.
PROPERTY J.D. #00296760002
AND
PARCEL 20:
THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
PROPERTY I.D. #00297240000
AND
PARCEL 2]:
THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE
NORTHWEST 1/4 AND THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
TOGETHER WITH ALL THE OIL, GAS AND MINERAL RIGHTS NOW OWNED
BY THE GRANTOR AMOUNT TO NOT LESS THAN 25%.
LESS A PORTION OF THE SE ]/4 OF THE SE 1/4 OF THE NW 1/4 OF SECTION 34,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NW 1/4 OF SECTION 34,
TOWNSHIP 49 SOUTH, RANGE 26 EAST; RUN THENCE, SOUTH 00020'07" EAST
ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 34, A
DISTANCE OF 2,324.86 FEET FOR THE POINT OF BEGINNING: THENCE NORTH
74009'] 7" WEST, A DISTANCE OF 323.86 FEET TO A POINT: THENCE, NORTH
73000'33" WEST, A DISTANCE OF 364.53 FEET; THENCE SOUTH 000]9'13" EAST,
A DISTANCE OF 355.71 FEET TO A POINT OF A CURVE CONCAVE
SOUTHWESTERLY; THENCE, FROM A TANGENT BEARING OF SOUTH
7600] '14" EAST, RUN SOUTHEASTERLY ALONG SAID CURVE HAVING A
RADIUS OF ] 1,297.] 6 FEET, THROUGH AN ANGLE OF 03000'41" AN ARC
DISTANCE OF 593.78 FEET TO THE END OF SAID CURVE; THENCE, SOUTH
73000'23" EAST A DISTANCE OF 92.07 FEET; THENCE, NORTH 00020'07" WEST
ALONG THE EAST LINE OF THE NW ] /4 OF SECTION 34, A DISTANCE OF
346.19 FEET TO THE POINT OF BEGINNING.
CONTAINING 5.231 ACRES, MORE OR LESS.
Revised 1-12-10
Page 7 of15
17 A
SUBJECT TO: A 50 FOOT MUTUAL RIGHT-OF-WAY EASEMENT EXTENDING
25 FEET ON EITHER SIDE OF ALL SECTION LANDS INCLUDING QUARTER
AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE
USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS.
LESS AND EXCEPT PROPERTY DESCRIBED IN QUIT-CLAIM DEED
RECORDED IN O.R. BOOK 2323, PAGE 508, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
PROPERTY !.D. #00297280002
AND
PARCELS 33 & 38:
THE WEST 1/2 OF THE EAST 112 OF THE NORTHEAST 114 OF THE
NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
TOGETHER WITH ALL THE OIL, GAS AND MINERAL RIGHTS NOW OWNED
BY THE GRANTOR, AMOUNTING TO NOT LESS THAN 25%.
SUBJECT TO: A 50 FOOT MUTUAL RIGHT-OF-WA Y EASEMENT EXTENDING
25 FEET ON EITHER SIDE OF ALL SECTION LANDS INCLUDING QUARTER
AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE
USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS.
PROPERTY I.D. #00297720009
AND
PARCEL 39:
THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
TOGETHER WITH ALL THE OIL, GAS AND MINERAL RIGHTS NOW OWNED
BY THE GRANTOR AMOUNTING TO NOT LESS THAN 25%, LESS AND EXCEPT
THE PARCEL SET FORTH IN THAT CERTAIN STIPULATED FINAL JUDGMENT
RECORDED IN O.R. BOOK 994, PAGES 1760- I 763, OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA.
SUBJECT TO: A 50 FOOT MUTUAL RIGHT-OF-WAY EASEMENT EXTENDING
25 FEET ON EITHER SIDE OF ALL SECTION LANDS INCLUDING QUARTER
AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE
USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS.
PROPERTY J.D. #00297880004
AND
PARCEL 41:
THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
LESS AND EXCEPT THE LANDS DESCRIBED IN OFFICIAL RECORD BOOK
1048, PAGES 521-523, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
PROPERTY I.D. #00298000003
AND
Revised 1-12-10
Page 8 of 15
17 Ai"
PARCEL] ]4:
THAT PART OF THE S 112 OF THE NW 114 OF SECTION 34, TOWNSH]P 49
SOUTH, RANGE 26 EAST IN COLLIER COUNTY, FLORIDA, BEING MORE
PART]CULARL Y DESCRIBED AS FOLLOWS:
COMMENCE AT THE CENTER OF SAID SECTION 34, THENCE RUN N 16059'37"
E A DISTANCE OF 162.00 FEET: THENCE N 73000'33" W A DISTANCE OF 893.75
FEET; THENCE N 16059'27" E A DISTANCE OF 162.00 FEET TO THE POINT OF
BEG]NNING; AND THE BEGINN]NG OF A CURVE CONCAVE
SOUTHWESTERL Y AND HAVING A CHORD BEARING OF N 73037'19" W;
THENCE NORTHWESTERLY ALONG SAID CURVE HA V]NG A RADIUS OF
] 1,621.16 FEET THROUGH AN ANGLE OF 01013'41 ", AN ARC DISTANCE OF
249.10 FEET TO THE END OF SAID CURVE; THENCE N 88028'35" E A DISTANCE
OF 336.37 FEET; THENCE S 00019'13" E A D]STANCE OF ]09.09 FEET; THENCE
N 73000'33" W A DISTANCE OF 102.33 FEET TO THE POINT OF BEGINNING.
SUBJECT TO RESTRICTIONS, RESERVATIONS, CONDITIONS AND
EASEMENTS OF RECORD AND UTILITIES REMAINING IN PLACE AND IN USE,
IF ANY. THIS PROPERTY CANNOT BE USED FOR OUTDOOR ADVERTISING
PURPOSES.
RESERVING UNTO THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION ALL R]GHTS OF INGRESS, EGRESS, LIGHT, AIR, AND
VIEW BETWEEN THE ABOVE DESCRIBED PROPERTY AND THE ROAD
NAMED AS FOLLOWS:
STATE ROAD 93 (1-75); ALONG THE FOLLOWING DESCRIBED LINE:
COMMENCE A T THE CENTER OF SAID SECTION 34, TOWNSH]P 49 SOUTH,
RANGE 26 EAST; THENCE RUN N 16059'37" E A DISTANCE OF 162.00 FEET;
THENCE N 73000'33" W A DISTANCE OF 893.75 FEET; THENCE N 16059'27" E A
DISTANCE OF 152.00 FEET; THENCE S 73000'33" E A DISTANCE OF ]02.33 FEET
TO THE BEGINNING OF THE HEREIN DESCRIBED LIMITED ACCESS LINE;
THENCE N 73000'33" W A DISTANCE OF 102.33 FEET TO THE BEGINNING OF A
CURVE CONCA VE SOUTHWESTERLY AND HA VfNG A CHORD BEARING OF N
73037'19" W; THENCE NORTHWESTERLY ALONG SAID CURVE HAVING A
RADIUS OF 11,621.16 FEET, THROUGH AN ANGLE OF 0] 0]3'4]" AN ARC
DISTANCE OF 249.10 FEET TO THE END OF SAID CURVE AND THE END OF
SAID DESCRIBED LIMITED ACCESS LINE.
PROPERTY 1.0. #00297280002
AND
THOSE LANDS DESCRIBED IN OFF]CIAL RECORD BOOK 2904, PAGES 0876
THROUGH 0879 ]NCLUSIVE, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
Revised 1-12-10
Page 9 of 15
17A
"'1
,
THE EAST l/2 OF THE NORTHWEST l/4 OF THE SOUTHEAST 1/4 OF THE
NOR THWEST 1/4 LYING IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
AND THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 3002, PAGE
2740 MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 49
SOUTH, RANGE 26 EAST, SAME BEING FIVE ACRES MORE OR LESS.
SUBJECT TO AN ACCESS EASEMENT OF 25 FEET ON, OVER AND ALONG THE
NORTH LINE AND A DRAINAGE EASEMENT ON THE EAST LINE OF SAID
PROPERTY.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
SUBJECT PARCEL CONTAINS 2,049,396.00 SQ. FEET, OR 47.0500 ACRES OF
LAND, MORE OR LESS.
Revised 1-12-10
Page 10 of15
17 A~"
EXHIBIT E
DEVIATIONS
LANDSCAPING AND BUFFERING REQUIREMENTS:
A. Deviation #1 seeks relief from LOC Section 4.06.02(C)2, Buffer Yard
Requirements, which requires an Alternative B (15 foot wide) Landscape Buffer,
to allow for a reduction in width to 10 feet when the common property line
between single or two family units and multi-family units are internal to the
project and employ a similar architectural theme. The planting materials shall be
the same as the Type' B' buffer.
B. Deviation #2 seeks relief from LDC Section 6.06.01(Q), Minimum Right-of-Way
Widths, which requires a minimum of a 60 foot width, to permit within the
proposed MPUD internal roadway right-of-ways of 50 feet in width.
Revised 1-\2-]0
Page 11 of]S
17A
"t.lW. ..
.~.-, q
1
EXHIBIT F
LIST OF DEVELOPER COMMITMENTS
I. GENERAL
The property owner, his or her assigns and or subsequent homeowners
associations will be responsible for the maintenance of common areas and
infrastructure associated with future development.
2. ENGINEERING
A. Prior to SDP approval a FDOT "Notice of Intent to Issue" Right of Way
permit shall be submitted for work within the S.R. 951 right of way.
B. The project shall utilize internal loop roads whenever feasible and shall
eliminate dead-end roads where practical.
3. WATER MANAGEMENT
A. A copy of the approval of the SFWMD Right of Way and Discharge
Permit for outfall into the Golden Gate Canal shall be submitted prior to
Final Plat and/or SDP approval.
B. A 30' wide drainage, maintenance and access easement will be donated at
no cost to the County along the entire length of the eastern property line.
Said easement will be provided at the time the applicant receives an
approved SDP or within 120 days of receiving a written request for the
drainage easement from Collier County.
C. Lake setbacks from the perimeter ofthe MPlJD may be reduced to twenty-
five (25) feet where a six (6) foot high fence or suitable substantial barrier
is erected.
Revised 1-12-10 Page 120f15
17A
.. I<lW
~, ", .-!r
.,
4. TRAFFIC
A. This project may not receive Development Order approval until fair share
contribution towards planned intersection improvements at the Magnolia
Pond and CR-951 intersection as identified by County project SAP
#60092 extending from Davis Blvd. northward to the Golden Gate canal
have been approved and accepted by Collier County.
B. A minimum throat length of 100 feet shall be maintained at any gated
entrance.
C. The maximum number of trips generated by any proposed development
shall be based on the 125 single-family units (LUC 210) defined in the
TIS that generate 131 pm peak hour trips. Any mixed residential
development proposed shall not exceed those 131 pm peak hour trips.
D. The donation of the 30' drainage, maintenance and access easement along
the eastern property line represents the project's full fair share portion of
the one-time maintenance/clean out costs of the MGG-15 drainage swale.
E. The property owner shall within 30 days of the adoption of this PUD
convey at no cost to the County a 20' easement along the southern side of
the Golden Gate Canal for use as a pedestrian and bicycle access purposes.
The easement will not be used by vehicles beyond those necessary to
maintain the improvements constructed within the easement.
5. ENVIRONMENTAL
A. The minimum native preservation requirement shall be 10.28 acres (41.10
acres existing indigenous vegetation x 25% = 10.28 acres to be preserved).
B. Permitted Principal Uses and Structures in the Preserve (for as long as the
minimum required preserve acreage is retained):
(i) Passive recreational areas including recreational shelters.
(ii) Biking, hiking, and nature and horse trails, and boardwalks.
(iii) Native preserves and wildlife sanctuaries.
(iv) Any other use deemed consistent with the LDC for permitted uses
in preserves or deemed compatible by the BZA at time of
Development Order approval.
C. Florida Black Bear and Big Cypress fox squirrel management plans shall
be submitted as part of the next Development Order.
D. A Gopher Tortoise relocation management plan shall be submitted as part
of the next Development Order.
Revised ]-12-10 Page 13 of15
17 A
E. A report to the Environmental Services staff on the results of the
relocation of gopher tortoises shall be provided within thirty days of
relocation. The report must contain the following information:
. the number of burrows excavated,
. the number of tortoises relocated, and
. the final relocation site.
6. ARCHITECTURAL
A. All buildings, lighting, signage, and landscaping shall be architecturally
and aesthetically unified. Said unified architectural theme shall include: a
similar architectural design and use of similar materials and colors
throughout all of the buildings, signs, and fences/walls to be erected on all
of the subject parcels. Landscaping and streetscape materials shall also be
similar in design throughout the subject site. Within any multi-family
project all roofs, except for carports, shall be peaked and tinished in tile or
metal. Within any single-family or two-family project all roofs, except for
carports, shall be peaked and finished in tile, metal, or architecturally-
designed shingles (such as Timberline).
7. OPERATIONAL CHARACTERISTICS FOR ALF UNITS
A. Care units may be composed of one or more types of care/housing
facilities. These care/housing types include, but are not limited to
independent living, assisted living, and nursing homes, each of which can
have varying operational characteristics. The following characteristics of
care units distinguish them from residential land uses, and all of the
characteristics must be provided for and maintained to be considered a
care unit:
(i) There shall be on-site dining facilities for the residents
with food service being on-site or catered
(ii) Group transportation services shall be provided for the
residents for the purposes of grocery and other types of
shopping. Individual transportation services shall be
coordinated for the residents needs, including but not
limited to medical office visits.
(iii) There shall be an on-site manager/activities coordinator
to assist residcnts, and shall be responsible for planning
and coordinating stimulating activities for the residents.
(iv) A wellness facility shall be provided on-site to provide
for exercise and general fitness opportunities for the
residents.
Revised 1-]2-10 Page]4 of 15
(v)
(vi)
Revised 1-12-10
17 A tY"I
Each unit shall be equipped with a device to notify
emergency service providers in the event of a medical or
other emergency.
For independent living units, each unit shall be designed
so that a resident is able to age in place. For example,
kitchens may be easily retrofitted to lower the sink to
accommodate a wheelchair bound resident or bathrooms
may be retrofitted to add grab bars.
Pagel5of15
17 A _I
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2010-06
Which was adopted by the Board of County Commissioners
on the 23rd day of February, 2010, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 25th
day of February, 2010.
DWIGHT E. BROCK
Clerk of Courts and Cl~r~
Ex-officio to Board of
County Commissioners
/.
~ bd~O.c
By: Ann Jennejohn,'
Deputy Clerk
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