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Backup Documents 12/14/2010 Item # 8Ac¢. ?' ^$T+ �s��rgw -7- v � i A t CQLLIER COUNTY:FWk DA 8 A REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please puce the following as a: 2M Normal Legal Advertisement Other: (Display Adv.,.location, etc.) Originating Dept/ Div: CDESJZoning Person: Kay Deselem, AICP Dam; / %'abO Petition No. (If none, give brief description): PUDZ - 2004 -AR -6829, Davis Reserve Petitioner: (Name & Address): Mr. Robert Andrea, Coastal Engineering Consultants, Inc.,3106 South Horseshoe Drive, Naples, FL 34104 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Collier Davis LLC, 250 Catalonia Ave., Suite 702, Coral Gables, FL 33134 Hearing before BCC BZA Other Requested Hearing date: November 9, 2010 Based on advertisement appearing 15_ days before hearing. Newspaper(s) to be used: (Complete only if important): 2M Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: PUDZ- 2004 -AR -6829 Collier Davis, LLC, represented by Robert Andrea of Coastal Engineering Consultants, Inc., is requesting a rezone from the Estates (E) zoning district to the Mixed Use Planned Unit Development (MPUD) zoning district for a project to be known as the Davis Reserve MPUD to allow for the development a maximum of 234 dwelling units including affordable housing and a maximum of 35,000 square feet of commercial retail and office uses. The subject property, consisting of 22.83 acres, is located in the southeast quadrant of the intersection of Davis Boulevard and County Barn Road, in Section 8, Township 50 South, Range 26 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PO Number: 4500096189 for Account Number: 068779 Reviewed by: Division Administrator or Designee List Attachments: Date DISTRIBUTION INSTRUCTIONS A. 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: 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 OFFICE USE ONLY: Date Received: Date of Public hearing: �� Date Advertised: wlk-o Ann P. Jennejohn SSA From: RamirezHeather [HeatherRamirez @colIiergov.net] Sent: Wednesday, October 13, 2010 9:50 AM To: Minutes and Records Subject: FW: Advertising for 11/9/10 BCC Attachments: PUDZ- 2004 -AR -6829 Legal Ad.pdf; PUDZ- 2004 -AR -6829 Ordinance.pdf Sorry, here is the legal ad and Ordinance. Please see email below... Ifeather L Ramirez — Planning Technician Growth Management Division /Operations Records /Scanning/E- Permitting Phone: (239)252 -2930 Fax: (239)252 -6366 ra tter Counte Courage is resistance to fear, mastery of fear, not absence of fear. - Mark Twain From: RamirezHeather Sent: Wednesday, October 13, 2010 9:48 AM To: 'Minutes and Records' Subject: Advertising for 11/9/10 BCC I have one more to be advertised. I am sending over the legal ad and the ordinance but I need to have Ray sign the legal ad first. I will forward the signed one to you later today. .feather L Ramirez ` =--- -- Planning Technician Growth Management Division/Operations Records /Scanning /E- Permitting Phone: (239)252 -2930 Fax: (239)252 -6366 coif r Crzt rat , y Courage is resistance to fear, mastery of fear, not absence of fear. - Mark Twain Ur ,f, r r i id2 _. a e-rnafl air rt .es arc; lac €bjic records, If }r m do not want. your e -rna l address era ras�.d if" •c:spons , to a public record's requ;est, do nzot send tron:r.. 2,0 10 it �s entkY Instead, r;;antacf this, ofrsce by telo itt E.,, or ;n n °ri9Jzr; • ORDINANCE NO. 10- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS, 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 THE ESTATES (E) ZONING DISTRICT TO THE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS THE DAVIS RESERVE MPUD. THE PROJECT IS PROPOSING A MAXIMUM OF 234 DWELLING UNITS, INCLUDING AFFORDABLE HOUSING UNITS AND A MAXIMUM OF 35,000 SQUARE FEET OF COMMERCIAL/OFFICE USES. THE SUBJECT PROPERTY, CONSISTING OF 22.83 ACRES, IS TO BE LOCATED IN THE SOUTHEAST QUADRANT OF THE INTERSECTION OF DAVIS BOULEVARD (SR 84) AND COUNTY BARN ROAD, IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert Andrea, of Coastal Engineering Consultants, Inc., representing Collier Davis LLC, 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 8, Township 50 South, Range 26 East, Collier County, Florida, is changed from the Estates (E) Zoning District to the Mixed Use Planned Unit Development (MPUD) Zoning District for the Davis Reserve MPUD in accordance with Exhibits A through G, all of Davis Reserve MPUD - PUDZ- 2004 -AR -6829 Page 1 of 2 REV. 7/27/10 which are attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote by the Board of County Commissioners of Collier County, Florida, this day of _ , 2010. ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: Heidi Ashton Cicko Section Chief, Land Use/Transportation BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, Chairman Exhibit A: List of Allowable Uses Exhibit B: Development Standards Exhibit C: Master Plan Exhibit D: Legal Description Exhibit E: Development Commitments Specific to the Project Exhibit F: Conceptual County Barn Access Detail Exhibit G: Conceptual Street Sections 06-Crs- W39Jn5 Davis Reserve MPUD - PUDZ- 2004 -AR -6829 Page 2 of 2 REV. 7/27/10 EXHIBIT A LIST OF ALLOWABLE USES A. RESIDENTIAL TRACT (Designated "R" on the MPUD Master Plan) 1.1. MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the Residential Component and Commercial Component of the Davis Reserve MPUD shall be 234. 1. 2. PERMITTED USES No building or structure, or part thereof, shall be erected, altered or used, or .land used, in whole or in part, for other than the following: A. Principal Uses: 1 Multi- family dwellings. 2, Townhouses. 3. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA ") by the process outlined in the LDC.. B. Accessory Uses: Gatehouses, guardhouses, and /or access control structures 2. Recreational uses, including swimming pools, tennis courts, volleyball courts, bocce ball courts, shuffle board courts, walking paths and trails, picnic areas, dock, piers, and gazebos. 3. Recreational facilities and buildings including community centers and club houses for use by residents within the community. These facilities may include offices, meeting rooms, restrooms, banquet hall, and kitchens. 4. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to garages, both attached and detached, carports, utility buildings, maintenance shops, and equipment storage, 5. Model units and model sales centers. Page 1 of 18 Revised June 14. 2010 PUDZ- 2004 -AR -6829 - DAVIS, RESERVE 8 i1 6. Any other accessory use which is comparable in nature with the foregoing list of permitted accessory uses, as determined by the "BZA" by the process outlined in the LDC. B. COMMERCIAL MIXED -USE TRACT (Designated "MU" on the MPUD Master plan) 1.1. MAXIMUM COMMERCIAL SQUARE FEET AND RESIDENTIAL DENSITY The five -acre Commercial Component, shall not be developed with more than 35,000 square feet of commercial /office uses. The maximum number of residential dwelling units allowed within the Residential Component and Commercial Component of the Davis Reserve MPUD is 234. 1.2 PERMITTED USES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Multi - family dwelling units above commercial units, or in attached buildings. 2. Allowable commercial uses permitted in the commercial mixed use component shall be limited to those uses permitted in the C -1, C -2, and C -3 zoning districts as contained in the Collier County Land Development Code, Ordinance 04 -41, as amended, in effect as of the date of adoption of the Davis Boulevard/County Barn Road Mixed Use Subdistrict (Ordinance No. 2005 -25 adopted on June 27, 2005), unless otherwise provided for in this Section, as follows: i. Accounting Services (Group 8721) ii, Apparel & Accessory Stores (Groups 5611 -5699) iii. Architectural, Engineering, Surveying Services (Groups 078.1, 8711-8713) iv. Assisted Living Facilities V. Attorney Offices & Legal Services (Group 8111) vi. Auto and Home Supply Store (Group 5531) vii. Business Repair Service viii. Business Services (Groups 7311-7313, 7322 -7338, 7361 -7379, 7384, 7389) ix. Child Day Care Services (Group 8351) X. Churches & Places of Worship xi. Eating Establishments and Places (Group 5812) xii. Educational Plants xiii, Essential Services xiv. f=ood Stores (Groups 5411-5499) xv. General Merchandise Stores (5311-5399) xvi. Hardware Store (Group 5251) Revised June 14, 201Q Page 2 of 18 PUDZ- 2004 -AR -6829 - DAVIS RESERVE xvii. Health Services (Groups 8011 -8049, 8082) xviii. Home Furniture, Furnishings, Equipment Store (Groups 5712- 5736) xix. Home Supply Store (Group 553 1) xx. Individual & Family Social Services xxi. Insurance Agencies, Brokers, Carriers (Groups 6311 -6399, 6411) xxii. Large Appliance Repair Service (Group 7623) xxifi. Libraries (Group 8231) xxiv. Management & Public Relations (Groups 8741 -8743, 8748) xxv. Membership Organizations (Groups 8611 -8699) xxvi. Miscellaneous Repair Service (Groups 7629 -76311 xxvii. Miscellaneous Retail Services (Group 5912 -5963, 5992 =5999, except pawnshops, building materials, auction rooms, awning shops, gravestones, .hot tubs, monuments, swimming pools, tombstones, and whirlpool baths) xxviii: Museums and Art Galleries (Group 8412) xxix. Non - Depository Credit Institutions (Groups 6111 -6163) xxx. Office Machine Repair Service (Groups 7629 -7631) xxxi. Paint, Glass, Wallpaper Stores (Group 5231) xxxii. Personal Services (Groups 7211, 7212, 7215, 7216, 7221 -7251, 7291, (7299, limited to babysitting bureaus, clothing & costume rental, dating service, depilatory salons, diet workshops, dress suit rental, electrolysis, hair removal, genealogical investigation service) ) xxxiii. Photographic Studios (Group. 7221 J xxxiv. Physical Fitness Facilities (Group 7991) xxxv. Real Estate (Groups 6531 -6541) xxxvi. Security Brokers, Dealers, Exchanges, Services (Group 6211- 6289) xxxvii, Shoe repair Shops or Shoeshine Parlors (Group 72511 xxxviii. United States Postal Service (Group 4311, excludes major distribution centers) xxxix. Veterinarian's Office (Groups 0742, 0752 excludes outdoor kenneling) A. Videotape Rental (Group 7841, limited to 1,800 sq. ft. of gross floor area) xli. Amusement & Recreational Services (Group 7911). xlii. Education Services (Groups 8211- 8222). AN. Fraternal Lodges, Private Club, or Social Clubs. xliv. Schools, Vocational (Groups 8243- 8299). xlv. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeal (BZA) through the process outlined in the LDC. Page 3 of 18 Revised June 14, 2010 PUD'Z- 2004 -AR -6829 - DAVIS RESERVE �gp B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited. to. 1. Essential services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public including interim and permanent utility and maintenance facilities. 2. Pump stations, utility services and facilities, emergency generators, cable and telecommunication facilities. 3. Utility buildings, maintenance shops, and equipment storage. 4. Recreational uses and facilities, including swimming pools., tennis courts, volleyball courts, bocce ball courts, walking paths and trails, picnic areas, gazebos, parks, passive recreational areas, pedestrian rest area, bathrooms, dock, piers, and shuffle board courts: recreation buildings anal. facilities including community centers and club houses for use by residents within the community and may include offices, meeting rooms, restrooms, banquet hall, and kitchens. 5. Manager's residences and offices, temporary sales trailers, and model units, 6. Gatehouses, guardhouses, and /'or access control structures. 7. Water management facilities and related structures. 8. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including the necessary accessways, parking areas and related uses to serve such offices subject to the issuance of a temporary use permit pursuant to the LDC. 9. Any other accessory use which is comparable in nature with the foregoing list of permitted accessory uses, as determined by the "BZA" by the process outlined in the LDC. C. Prohibited Uses: 1. Adult (X- Rated) Video /Movie, Novelty or Book Store. 2. Automotive Services (Group 7549). 3. Gasoline Service Stations (Group 5541). 4. Homeless: Shelters and Soup Kitchens. Page 4 of 18 Revised June 14, 2010 PUDZ- 2004 -AR -6829 - DAVIS RESERVE. C. PRESERVE TRACT (Designated "P" on the MPUD Master Planl 1.1. PERMITTED USES No building or structure or part thereof, shall be erected altered or used, or land used in whole or in part, for other than the following, subject to the issuance of regional, state and federal permits, when required: A. Principal Uses; 1. Nature preserves. 2. Pervious nature trails and boardwalks, passive recreational areas, recreational shelters, and other similar uses. 3. Water management structures. a. A portion of the 5.29 acre preserve area will be used to temporarily store treated storm water for infrequent events when run -off exceeds one and one -half inches. The storm water will be drained back into the storm water management lake as draw down occurs through the control structure. 4. Any other conservation use in accordance with the LDC which is comparable in nature with the foregoing uses and which the BZA determines to be compatible in the Preserve Area, Page 5 of 18 Revised June 14,.2010 PUDZ- 2004 -AR -6829 - DAVIS RESERVE � 1 • EXHIBIT B DEVELOPMENT STANDARDS A. Table I in Exhibit B sets forth the development standards for land uses within the Residential Component. 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 RESIDENTIAL °R" TRACT DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS TOWNHOUSE MULTI - FAMILY CLUBHOUSE /RECREATION BUILDINGS PRINCIPAL STRUCTURES MINIMUM LOT AREA N/A N/A N/A MINIMUM LOT WIDTH N/A N/A N/A MINIMUM FLOOR AREA (Per Unit) 700 SF 700 SF N/A MINIMUM SETBACK (External) From Davis Boulevard ROW 25 FT 25 FT 25 FT From East, South, & West MPUD Boundaries 15 FT 15 FT 15 FT MINIMUM SETBACK' (Internal) MINIMUM FRONT FT 1p FT MINIMUMSIDE FT 10 FT MINIMUM REAR T S FT MINIMUM PRESERVE FT 25 FT MINIMUM DISTANCE BETWEEN STRUCTURES Hz &FT45 'h B.H2 MAXIMUM HEIGHT Zoned Actual ACCESSORY STRUCTURES FT FT 35 FT _ 45 FT MINI MUM SETBACK (External) From Davis Boulevard ROW 20 FT 20 FT 20 FT From East, South, & West MPUD Boundaries MINIMUM SETBACK) (Internal) 15 FT 15 FT 15 FT MINIMUM FRONT 10 FT 10 FT 10 FT MINIMUM SIDE 10 FT 10 FT 10 FT MINIMUM REAR 5 FT 5 FT 5 FT MINIMUM PRESERVE 10 FT 10 FT MAXIMUM HEIGHT 10 FT Zoned Actual Shall be measured frnm Inmr -L .,r ,�h ,r 30 FT 35 FT _ __ ._� _ 30 FT 35 FT 30 FT 35 FT pavement. — _ _ •• .. • _----^ -, .... w. � o canU exiSTS, measurement shall be from edge of S.H. = Building Height. Page 6 of ] 8 Revised June 14, 2010 PUDZ- 2004 -AR- 6829 -- DAVIS RESERVE li]:I GENERAL: A. Buildings shall primarily front public rights-of-way in order to create a sense of place and relationship to the street. Facades shall feature design elements that break up monotonous walls such as changes in wall plane (recesses. and protrusions), distinct building components and varied roof forms. The transition between public and private space shall be defined with elements such as landscaping, low decorative walls /fencing, recessed entrances, elevation changes and similar features. B. No structures shall be permitted in the required 20 -foot lake maintenance easement. C. A finished masonry wall or berm, or combination thereof, but not gates or similar structures shall be allowed but not required between the Commercial and Residential Components as long as vehicular and pedestrian traffic remains unobstructed. D. All building exteriors, lighting, signage, landscaping and visible architectural infrastructure 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. E. Streets and parking areas shall be designed to promote circulation through the development. Parking drive lanes shall be interconnected and shall have no dead -end aisles. F. No commercial business signs shall be permitted within the Residential Component. Page 7 of l8 Revised June 14, 2010 PUDZ- 2004 -AR -6829 - DAVIS RESERVE 8A B. Tcrble II in Exhibit B sets forth the development standards for land uses within the Commercial .Component. 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 SDP or subdivision plat. TABLE 11 MIXED -USE "MU "TRACT DEVELOPMENT STANDARDS Shall be measured from back of curb. If no curb exists, measurement shall be from edge of pavement. 2 B.H. = .Building Height. 3 In mixed use buildings the FAR only applies to the commercial uses. Page 8 of 18 Revised June 14, 2010 PUDZ - 2004 -AR -6829 - DAVIS RESERVE Building Types Commercial* Mixed Use Mulfi- Famlly Townhouse PRINCIPAL USES MINIMUM LOT AREA N/A N/A N/A N/A AVERAGE LOT WIDTH N/A N/A N/A N/A MINIMUM FLOOR AREA Per Unit N/A 700 SF 700 SF 700 SF MINIMUM YARDS External From Davis Boulevard. ROW 25 FT 25 FT 25 FT 25 FT From County Barn Road ROW 30 FT 30 FT 30 FT 30 FT From South MPUD Boundary 15 FT 15 FT 15 FT 15 FT MINIMUM SETBACK' (internal) MINIMUM FRONT 10 FT 10 FT 10 FT 10 FT MINIMUM SIDE 10 FT 10 FT 10 FT 10 FT MINIMUM REAR 5 FT 5 FT 5 FT 5 FT MINIMUM PRESERVI 25 FT 25 FT 25 FT 25 FT MIN DISTANCE BETWEEN STRUCTURES} 1/2 B. H2 '/2 B.H2 '/: B.H2 'A 8.1-12 MAXIMUM HEIGHT Zoned 45 FT 45 FT 45 FT 45 FT Actual 55 FT 55 FT 55 FT 55 FT MINIMUM FLOOR AREA RATIO (FAR )3 0.25 0.25 N/A N/A MAX GROSS LEASABLE AREA4 35,000 SF 35,000 SF N/A N/A Single Use 15,000 SF 15,000 SF N/A N/A Grocery Store/ Su ermarkef4 20,000 SF 20,000 SF N/A N/A ACCESSORY USES MINIMUM LOT AREA N/A N/A N/A N/A AVERAGE LOT WIDTH N/A N/A N. /A N/A MINIMUM SETBACK Extemal From Davis Boulevard ROW 25 FT 25 FT 25 FT 25 FT From County Barn Road ROW 30 FT 30 FT 30 FT 30 FT From South MPUD Boundary 15 FT 15 FT 15 FT 15 FT MINIMUM SETBACK' (Internal) MINIMUM FRONT 10 FT l0 FT 10 FT 10 FT MINIMUM SIDE 10 FT 10 FT 10 FT 10 FT MINIMUM REAR 5 FT 5 FT _ 5 FT 5 FT MINIMUM PRESERVE 10 FT 10 FT 10 FT 10 FT MIN DISTANCE BETWEEN STRUCTURES '/z B,H2 '/1 B.H2 '/I B. H2 'h B, H2 MAXIMUM HEIGHT — Zoned 30 FT 30 FT 30 FT ' 30 FT Actual 1 35 FT 35 FT 35 FT 35 FT * - if a commercial only buildinq Is developed within the "MU" Trnrf Chic nnnliae Shall be measured from back of curb. If no curb exists, measurement shall be from edge of pavement. 2 B.H. = .Building Height. 3 In mixed use buildings the FAR only applies to the commercial uses. Page 8 of 18 Revised June 14, 2010 PUDZ - 2004 -AR -6829 - DAVIS RESERVE 4 The maximum gross leasable area in the mixed use buildings only applies to commercial uses. The maximum gross leasable area for commercial uses shall total no more than 35,000 square feet In the entire MPUD. GENERAL: A. Buildings shall primarily front public rights -of -way, in order to create d sense of place and. relationship to the street. Facades shall feature design elements that break up monotonous walls such as changes in wan plane (recesses and protrusions), distinct building components and varied roof forms. The transition between public and private space shall be defined with elements such as landscaping, low decorative walls /fencing, recessed entrances, elevation changes and similar features. B. No structures shall be permitted in the required. 20 -foot lake maintenance easement. C. A finished masonry wall or berm, or combination thereof, but not gates or similar structures shall be allowed but not required between the Commercial and Residential Components as long as vehicular and pedestrian traffic remains unobstructed. D. Streets and parking areas shall be designed to promote ease of circulation and alternative routes through the development. Parking drive lanes shall have no dead -end aisles.. E. All building exteriors, lighting, signage, landscaping and visible architectural infrastructure 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. Page 9 of 1.8 Revised June 14, 2010 PIJD.Z- 2004413-6829 - DAVIS RESERVE I I I I ! I ( I I 1 + .I { I I I II I I 1 + I , I + I I I I I I i E 1 ! I I I I I I I ;JI D I0I O] IF` 1 IW 1� �W Ise Im1 is IQ 9 i 1 Iitj lo" �I I 1 _ + a cl fit I 1 1 _ .. 1 I g I ffi ` FII"' .g q ----- ----------- --- - -- - -- —_so rni o ewtu == g 3 r 30' DRAINAGE AND IATKJTY EASEMENT ( BOOK �S13 -P`CC 73SOr= ` -- i ^- ' I m$ N „ .0 `333 COUNTY BARN ROAD 100X'PLANS C f N to I ¢z I O � N � CJ N ` JCL C � Jz LJCL �a LLJ > Z V) 0 LLJ W Q u 1 Of r m. Y! N: ELl EXHIBIT a LEGAL DESCRIPTION THE NW 1/4 OF THE NE 1/4 OF THE NW 1/4 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, LESS THE WEST 50 FEET OF THE EAST 1/2 OF THE NW 1/4, AND LESS THE NORTH 75 FEET, (LESS AND EXCEPT PORTION WAS NOT PROVIDED IN LEGAL DESCRIPTION) AND THE WEST 1/2 OF THE NE 1/4 OF THE NE 1/4 OF THE NW 1/4 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST. (LESS AND EXCEPTING THEREFROM THE NORTH 75 FEET THEREOF - NOT INCLUDED IN LEGAL DESCRIPTION). AND THE W 1/2 OF E 1/2 OF N 1/2 OF S I/2 OF NE 1/4 OF NW 1/4 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST. AND THE EAST 1/2 OF THE NE 1/4 OF THE NE 1/4 OF THE NW 114 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE .26 EAST, LESS AND EXCEPTING THEREFROM THE NORTH 75 FEET THEREOF. THE NE 1/4 OF THE SE 1/4 OF THE NE 1/4 OF THE NW .1/4 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST. ALL THE ABOVE PROPERTY IS LOCATED IN COLLIER COUNTY, FLORIDA. CONTAINING 22.83 ACRES OF LAND MORE OF LESS.. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD Page 11 of 18 Revised June 14, 2010 PUDZ- 2004 -AR -6829 - DAVIS RESERVE EXHIBIT E DEVELOPMENT COMMITMENTS SPECIFIC TO THE PROJECT 1. TRANSPORTATION A. The Developers completion of commitment "B" below shall satisfy mitigation requirements of Policy 5.1 of the Transportation Element of the Growth Management Plan, and shall further satisfy proportionate share requirements of the East Central Transportation Concurrency Management Area as otherwise required by the Land Development Code. B. The developer, his successors, or assigns agrees to contribute funding to the Collier County Transportation Services Division to install and implement an intelligent traffic management system at two intersections located along the Davis Boulevard corridor, which is a hurricane evacuation route. The total cost of this contribution shall be no greater than $110,000.00 for the signalization improvements to both intersections. Payment shall be required at time of first Site Development Plan or Plat approval. C. Payment in lieu for sidewalks and. bike lanes for County Barn Road frontage shall be required. The amount shall be determined utilizing FDOT's 2006 Transportation Costs, as amended. Payment shall be required prior to County approval of. the first development order. D. The Developer shall contribute his fair share towards the intersection improvements at Santa Barbara Boulevard and Davis Boulevard. Fair share shall be determined by measuring the project's traffic as a percentage of the increased intersection capacity. Payment shall be required prior to County approval of the first development order. E. A six foot sidewalk along the Davis Boulevard frontage must be provided prior to the issuance of the first Certificate of Occupancy, If the required sidewalk is constructed by an entity other than the developer; the developer shall be required to make payment in lieu utilizing FDOT's 2006 Transportation Costs, as amended. No certificates of occupancy shall be issued until one of the following scenarios occurs: 1. Substantial completion of Santa Barbara Boulevard extension (from Davis Blvd, to Rattlesnake Hammock Road, County project number 60091): and sufficient capacity becomes available on County Barn Road to accommodate this development, as demonstrated in the Page 12 of 18 Revised June 14, 2010 PUDZ- 2004 -AR -6829 - DAVIS RESERVE 'i current AUIR or by traffic counts performed by the Developer and approved by the county. 2. Widening of County Barn to four lanes along the entire project frontage on County Barn Road, including all County Barn /Davis Boulevard intersection improvements (four -lane County Barn Road; six-lane Davis Blvd; associated turn lanes included in the County's design plans, County project number 60101). If the intersection improvements are completed by Collier County, FDOT, or parties acting on behalf of either entity, then the developer is required to contribute its' fair share towards these intersection improvements. Payment shall be required prior to County approval of the first development order, except as provided in "G" below. G. In order to receive Certificates of Occupancy prior to completion of either the Santa Barbara Extension or County Barn Road widening by Collier County, FDOT, or parties acting on behalf of either entity, the developer may elect to provide mitigation by doing the following: I. Accelerating the planned improvements to County Barn Road outlined in scenario F. 2 above, AND 2. Completing either of the two following options: a. Agreeing to accept, attenuate, and treat .stormwater runoff for water quality from all lanes of County Barn Road for the length of the Project frontage, OR b. Contributing funding to the Collier County Transportation Services Division to install and implement an intelligent traffic management system at two additional intersections along the Davis Boulevard corridor, which is a hurricane evacuation route. The total cost of this contribution shall be no greater than $110,000.00 for the signaiization. improvements to both intersections. H. Any combination of allowed uses stated in Exhibit A of this PUD shall not be allowed to exceed the maximum square footage or units listed for each category of use. The trip generation stated in the Traffic. Impact Study [TIS] used for the approval of this zoning action shall be construed as a. maximum trip generation (5,035 total, unadjusted daily two -way trips, and 325 adjusted PM Peak hour two -way trips) for any combination of the allowed uses. Page 13 of 18 Revised June 14, 2010 PUDZ- 20044R -6829 - DAVIS RESERVE 2. WATER MANAGEMENT A. Preliminary design indicates the culvert under Davis Boulevard can be connected to the water management system of the Davis Reserve project and the flow passed through the Davis Reserve project without adverse impact to Davis Boulevard. The intent is for the storm water management lake to be along the northern property line close to the culvert so than the culvert and lake can be connected. If in final design, it is not possible to make this connection, a drainage easement shall be provided by owner fo the County at no cost to the County within 30 days of the issuance of the first development order to allow storm water to bypass the Davis Reserve site and outfall to the County Barn storm water system. The size of the easement shall be determined during the SDP phase of the .project. This connection will also be included in the Environmental Resource Permit (ERP). B. The project site is an exporter of storm water during a 100 -year 3 -day event and compensating storage is not required. 3. PLANNING A. Sidewalks and access drives within the mixed use component will extend to the boundaries of the Davis Boulevard /County Bam Road Mixed -Use Subdistrict to promote interconnection with adjacent properties. B. Pedestrian and bicycle access shall be provided by owner to both County Barn Road and Davis Boulevard, C. All buildings shall be interconnected with ground level pedestrian walkways. D. Compliance to applicable zoning shall be verified during the design of the project. 4. AFFORDABLE HQUSING and sub - district standards and criteria and Site Development Plan (SDP) phase A. A minimum of 10% of the overall residential dwelling unit density shall be affordable- workforce housing units provided for those earning less than or equal to 80% of the median household income for Collier County and another minimum of 1.0% of the overall density shall be affordable - workforce housing units provided for those earning greater than 80%, but no greater than 100% of the median household income for Collier County. B. Developer shall enter into an agreement with the Board of County Commissioners for implementation of the required affordable- workforce housing units prior to development. Due to the complexity of the various Page 14 of 18 Revised June 14, 2010 PUDZ - 2004 -AR -6829 - DAVIS RESERVE subsidy programs that are needed to develop the affordable — workforce housing units, and the availability at the time of development and the need to reflect the actual conditions relating to the housing and mortgage market, this agreement shall be die prior to the issuance of the first building Permit. S. SUNSETTING PRQVISION A. Pursuant to Exhibit E. 1. F. of this PUD, actions of the County which delay and / or cause the failure to complete the roadway capacity improvements, or to otherwise perform actions which result in providing the necessary roadway capacity or other requirements {thus allowing C.O. issuance) shall not be deemed to be an action of government pursuant to 10.02.13. D of the LDC as amended, and thus will not cause the suspension of the duration of the sunsetting timefromes. 6. ENVIRONMENTAL A. This project shall be subject to EAC approval prior to approval of -the first Site Development Plan or final plat /construction plans. Specifically, the developer shall ensure the following: 1. That the site plans demonstrate that the hydrology of the preserve area shall be maintained or enhanced; and 2. Stormwater shall not be discharged below the existing seasonal high water level. 7. Genera A. Building permits for commercial development shall not be issued for greater than 20,000 square feet of floor area prior to issuance of building permits for a minimum of 91 dwelling units, inclusive of the required proportionate number of affordable- workforce housing units. B. Certificates of Occupancy for commercial development shall not be issued for greater than 20,000 square feet of floor area prior to issuance of Certificates of Occupancy for a minimum of 91 dweiiing units, inclusive of the required proportionate number of affordable - workforce housing units. C. For all residential dwelling units exceeding the minimum of 91 units, the required proportionate number of affordable- workforce housing units .shall be constructed concurrent with market rate dwelling units. D. The commercial mined -use component will contain residential units. Page 15 of 18 Revised June 14, 2010 PUDZ- 2004 -AR -6829 - DAVIS RESERVE O D gz m O1 n m zoC cn O D � r 00 W .. COUNTY BARN ROAD 10OX PLANS PROPOSED CONI TURNING L ty 0 i -rc I LU. -- # -- — _- — - - - -A w � I I f I I I r_— CIO o9 9 A y.$ y ; rf d4 ho yy ZZ tt��f I ty 0 i -rc I LU. -- # -- — _- — - - - -A w � I I f I I I r_— 0 W� s w � U 1 r I N I o& •' w to F? O I Z y�P a S7 w GGG I Z }777 ZJ � O �zz �SZ j 411 0144 44 4 aavmmno® mva J O IIW N C QO C t0 I w Ir Zd < J N W mo N MD U.(w,� 0 w`{�-'0 Ca 30d �w m m 5 z m 1 U 6� 3 ol DA STREEVTYPE A SCALE: 1' - 6U 1s1 1125004TUL a araow. Zia MWEo-M s c,. j ■ r ■ r. Mi i ■ c n ■ uSIDEMI L L1001 42,.o.w. tia IMSW rw s COSTREET TYPE C SCALE: I'= 60` EXHIBIT G CONCEPTUAL. STREET SECTIONS DAVIS RESERVE 08.13.09 1 r-r_r-Kin s: Sidewalk In: Lane p: Parking SCALE: I" = 60' Acct. #068779 October 19, 2010 Attn: Legals Naples News Media Group 1100 Immokalee Rd. Naples, Florida 34110 Re: PUDZ- 2004 -AR -6829, Davis Reserve Dear Legals: Please advertise the above referenced notice on Sunday, October 24, 2010 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. #4500096189 NOE NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, November 9, 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, 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 THE ESTATES (E) ZONING DISTRICT TO THE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS THE DAVIS RESERVE MPUD. THE PROJECT IS PROPOSING A MAXIMUM OF 234 DWELLING UNITS, INCLUDING AFFORDABLE HOUSING UNITS AND A MAXIMUM OF 35,000 SQUARE FEET OF COMMERCIAL /OFFICE USES. THE SUBJECT PROPERTY, CONSISTING OF 22.83 ACRES, IS TO BE LOCATED IN THE SOUTHEAST QUADRANT OF THE INTERSECTION OF DAVIS BOULEVARD (SR 84) AND COUNTY BARN ROAD, IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BY PROVIDING AN EFFECTIVE DATE. Petition: PUDZ- 2004 -AR -6829, Collier Davis, LLC, represented by Robert Andrea of Coastal Engineering Consultants, Inc., is requesting a rezone from the Estates (E) zoning district to the Mixed Use Planned Unit Development (MPUD) zoning district for a project to be known as the Davis Reserve MPUD to allow for the development of a maximum of 234 dwelling units including affordable housing and a maximum of 35,000 square feet of commercial retail and office uses. The subject property, consisting of 22.83 acres, is located in the southeast quadrant of the intersection of Davis Boulevard and County Barn Road, in Section 8, Township 50 South, Range 26 East, Collier County, Florida. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on 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 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 FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) CLERK OF THE C Dwight E. Brock COLLIER COUNTY Clerk of Courts 3301 TAMIAMI P.O. BOX 4�: NAPLES, FLORIDA October 19, 2010 Collier Davis, LLC 250 Catalonia Avenue, Suite 702 Coral Gables, FL 33134 I ier T COURT OUSE Clerk of Courts Accountant Auditor Custodian of County Funds Re: Notice of Public Hearing to consider Petition: PUDZ- 2004 -AR -6829, Davis Reserve Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 9, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 24, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jenn ohn Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierclerk @collierclerk.com 6TC61 ier CLERK OF THE C ,JRC Dwight E. Brock COLLIER COUNTY tOUI Clerk of Courts 3301 TAMIAMI t IL P.O. BOX 41,3044 NAPLES, FLORIDA"41, f. October 19, 2010 Robert Andrea Coastal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, FL 34104 COURT USE Clerk of Courts Accountant Auditor Custodian of County Funds Re: Notice of Public Hearing to consider Petition: PUDZ- 2004 -AR -6829, Davis Reserve Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 9, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 24, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennej Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.colliercierk.com Email: collierclerk @collierclerk.com M1 r µr C: ID n H X H O f+ G1 C .'p O zzm W A DO-! 0 A r(4;u A mCz -iz-I mm O O Z 1A k 1CM µ Osm �+ ;Dmz O emo + M D;om 0 O 0 + O 0 ti 0 W 0 0 m t:/ 17 C�� c� r� k � Wg�x o �� 00 o y C1 z° b 0 n N O � � O C far a CD P 14. J N PRESORTED FIRST CLASS > mn» CI7 'rp 'T7 ♦ U Q� in „± , CS iV jE Ann P. Jenne'ohn 8 A To: Naples Daily News Legals Subject: PUDZ- 2004 -AR -6829 Davis Reserve Attachments: PUDZ- 2004- AR- 6829.doc; PUDZ- 2004- AR- 6829.doc Please advertise the attached on Sunday, October 24, 2010. Thank you. Ann Jenne john, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) Ann P. Jennejohn From: postmaster @collierclerk.com Sent: Tuesday, October 19, 2010 10:31 AM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT68685.txt; PUDZ- 2004 -AR -6829 Davis Reserve This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. lecaals @naplesnews.com 8A Ann P. Jennejohn From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Tuesday, October 19, 2010 11:04 AM To: Ann P. Jennejohn Subject: Ad Confirmation Attachments: UAS24E9.jpg ATTACHED please REVIEW notice & send your APPROVAL via EMAIL. Should you have any questions, changes or corrections, please contact me via EMAIL. No verbal changes or approvals accepted by phone, via email ONLY. Thank you for placing your ad. Ad Number 1873120 Total Ad Cost $336.78 Emely Pagan 213 -6061 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUesday, November S)* 2010, in the Boardroom, 3rd V e Flour, Administration BulldIn , Collier County Governmenit Center, .3301 East Ta rl miaml Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:4)0 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS, AivlENDING ORIDI- NANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOP- MENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIt3NS'POR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. BY AMENDING THE APPROPRIATE ZONING ATLAS MAR OR MAPS; BY CHANGING THE ZONING CLASSIEI_ CATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE ESTATES (E) ZON- ING, DISTRICT TO THE MIXED USE PLANNED UNIT DEVELOPMENT (i111PUD) ZONING DISTRICT FOR PROJECT TO BE KNOWN AS THE DAVIS RESERVE MPUD. THE PROJ- ECT 15 PROPOSING A MAXIMUM OF 234 DWELLING UNITS, INCLUDING AFFORDA- BLE HOUSING UNiTS AND A MAXIMUM OF 35.€00 SQUARE FEET OF CC MMEROAL - /OFFiCE USES. THE SUBJECT PROPERTY, CONSISTING OF 22.83 ACRES, 1S TO BE LO- CATED CATED IN THE SOUTHEAST QUADRANT OF THE INTERSECTION' OF DAV15 13OULE VARU (SR 84), AND COUNTY BARN ROAD, IN SECTION 8, TOWNSHIP SO SOUTH', RANGE 26 EAST, COLLIER COUNTY. FLORIDA, AND BY PROVIDING AN EFFECTIVE Petition. PUE?2- 2004 -AR -6825, Collier Davis. LLC. represented b� Robert Andrea of Coastal Engineering Consultants, Inc.., is rer�uestinc� a rezone firorn the Estates (E) zoning district to the Mixed Use Planned Unit Deve opment (MPUD) toningg district far a project to be known as the Davis Reserve'MPUD to allow for the deveTopment of a maximum of 234 dwelling units including affordable housing and a maximum of 35,0100 square feet of commercial retail and office uses. The subject property. consisting of 22.83 acres, is located in the southeast quadrant of the intersection of Davis Boulevard and County Barn Road, in Section 8 Township 50 South, Range 2 East,.Collier County, Florida. Copies cif the proposed Ordinance are can file with the Clerk to the Board and are available for inspection. All interested parties are invited'to attend and be heard. NOTE: All persons wishing to speak on any agenda item Must `registor 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 art in- dividual to speak on behalf of an organization or group is encouraged', If r+ecog nized by the Chairman, a spokesperson fora group or organization may be allotted 10 m i n uites to speak can 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 Bublic hearing. I n a ny case, written materials intended to be considered by the oard 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 Decors of the proceedings is made, which record includes the testimony and evi- dence upon which the appeal is lamed. If you area person,with a disability who needs any ,accommodation in order to par- ticipate in this proceeding, you acre entitled, at no cost to you, to the prevision of certain assistance. Please contact the Collier County Fad Iiti$s Management Depart- ment, located at 3301 Tamiami Trail East, Building 'UV, Naples, Florida 34112, (239)252 - 133811; Assisted listening devices for the hearing impaired are available in the County Commissioners` 'Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRi111AN DWIGHT E BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) October 24, 2010 NoIB7312G Ann P. Jenne'ohn 8 `r From: Naples Daily News [naplesnews @clicknbuy.com] Sent: Sunday, October 24, 2010 12:30 AM To: Ann P. Jennejohn Subject: Thank you for placing your classified advertisement. Ad # 1873120 Thank you for placing your classified advertisement. The following represents the current text of your advertisement: NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, November 9, 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, 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 THE ESTATES (E) ZONING DISTRICT TO THE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS THE DAVIS RESERVE MPUD. THE PROJECT IS PROPOSING A MAXIMUM OF 234 DWELLING UNITS, INCLUDING AFFORDABLE HOUSING UNITS AND A MAXIMUM OF 35,000 SQUARE FEET OF COMMERCIAL /OFFICE USES. THE SUBJECT PROPERTY, CONSISTING OF 22.83 ACRES, IS TO BE LOCATED IN THE SOUTHEAST QUADRANT OF THE INTERSECTION OF DAVIS BOULEVARD (SR 84) AND COUNTY BARN ROAD, IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BY PROVIDING AN EFFECTIVE DATE. Petition: PUDZ- 2004 -AR -6829, Collier Davis, LLC, represented by Robert Andrea of Coastal Engineering Consultants, Inc., is requesting a rezone from the Estates (E) zoning district to the Mixed Use Planned Unit Development (MPUD) zoning district for a project to be known as the Davis Reserve MPUD to allow for the development of a maximum of 234 dwelling units including affordable housing and a maximum of 35,000 square feet of commercial retail and office uses. The subject property, consisting of 22.83 acres, is located in the southeast quadrant of the intersection of Davis Boulevard and County Barn Road, in Section 8, Township 50 South, Range 26 East, Collier County, Florida. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on 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 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 � d • 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 FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) October 24, 2010 No 1873120 You also have the exciting option to enhance your online advertisement with extended text, photos and even multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of online shoppers that visit our classified section every day. You can also choose to add shipping and delivery options for the buyer. Enhancing your advertisement is easy; just follow the online AdWizard to add an expanded description, photos and even video /audio of your item. To log in to the New Ad Wizard use your email address and existing password. Go to: http: / /secure.adpay.com /adwizard to ig n.aspx ?l= 16318069 , if this link is inactive, cut and paste it into your browser address window. If you need any assistance with your advertisement, please contact our classifieds department. 239 - 263 -4700 Thank you for using naplesnews.com Online Classifieds. 0 oil p Im A a of AN UFMT WtMNOLF+,E OAB,Q O COUfRY C 6.ORDI- NANaC'tlliE �S DECOMNRENE ER. "Y.• wR FOR a a to the 942 1NI All matirfal ecortee a de�fllinlfii SWW of '* record. a. 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 Kim Pokamey, who on oath says that she serves as the Accounting Manager 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 was published in said newspaper on October 24, 2010 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 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, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of affiant) Sworn to and subscribed before me This 29"' day of October, 2010 ��WtVt f —A—W400— (Signature of notary public) - - - - - f SA I Business Points: 1. The improvements are to be constructed in two phases. There will be an exhibit depicting the two phases. 2. Phase One is the left turn lane and the onsite improvement extending the left turn lane to E's property. The County will build the left turn lane and revised road plan as part of the existing Oil Well Road project. E's will build the onsite improvements for Phase One. 3. E's will be responsible for designing and getting permits for all Phase One improvements. Construction of the improvements is addressed in item 2 above. 4. The County will utilize the cost savings resulting from the slope construction in lieu of the stem wall and guard rail to construct the left turn lane. Any proceeds left over will go to the County and will not be utilized to construct on -site improvements. 5. The Commercial Developer will design, permit and construct all Phase Two improvements including the turn around. There will be no COs issued to the Commercial Developer until the Phase Two improvements are complete. The existing E's entrance on Oil Well Road is relocated as part of Phase Two. The County can build the turn around and the Commercial Developer will reimburse the County for construction costs when it builds the Phase Two improvements. 6. All necessary easements or fee interests for both phases will be conveyed to the County within thirty days of the agreement being finalized. 7. All necessary easements between E's and the Commercial Developer for both phases will be granted within 30 days of the agreement being finalized. 8. After the median is constructed, the BCC can close the left turn lane median at any time if a hazardous condition exists. q -Is TiO4•Ac1 -or en�.fon�n2��Ol C 0^ i - N' n6 kC), -% EXHIBIT "B" I I u I 1 R I I 0 1 I I I I I 1 Ii I 1 I I 3 I I I o I I I I I I I 1 1 �I I I I L - -- I I I 1 � I 1 I 3A1b0 dIA /1 b I I 1 d I' 1 \I I i � I o•o I a a I I 0.I.I sl � � I al. I 4 i 21 � •nu�a 2A d 1JN37d'A v � � 4 v o V R c � y o c° H O W m o I In r I� W 3 T €E€ I J i i I e y 4 u44 0 H c � 44 N W I 1 m 44 ' 1 3376'NOWWI • _ C $A � Q 0 O V CQ Q � y t W Z V 1 0 J O W Y Co v� �V �Q 3s. 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