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Agenda 04/28/2009 Item # 8A Agenda Item No. 8A April 28. 2009 Page 1 of 85 EXECUTIVE SUMMARY PUDA-2007-AR-llS46 Longshore Lake Foundation, Inc., represented by Robert L. Duane, AICP of Hole Montes, Inc., is requesting a Planned Unit Development (PUD) Amendment to Longshore Lake PUD Ordinance No. 93-3, Section 3.2.B. to allow an off premise sign for Satumia Falls (aka Terafina PUD) in Tract B of the Longshore Lake, Unit SC Subdivision; or, in the alternative to allow the off-site premise sign to become an on-site premise sign for Longshore Lake; to amend Section 3.2.B. to allow an existing maintenance building to remain as an accessory use; to reinsert omitted Traffic Requirements into Section V; and to add Exhibit C, Deviations. The subject sign is located on a .5", acre property located on the southeast comer of the Longshore Lake PUD, at the northwest corner of the intersection of Immokalee Road (CR 846) and Logan Boulevard in Section 20, Township 48 South, Range 26 East, Collier County, Florida OBJECTIVE: To have the Board of County Commissioners (BCC) consider an application to amend the Longshore Lakes Planned Unit Development (PUD) as noted above and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. ,...- CONSIDERATIONS: The petitioner is proposing an amcndment to Ordinance Number 93-3, the Longshore Lake PUD instead of adopting a new PUD by Ordinance and repealing that Ordinance. No changes are proposed to uses, densities or intensities approved in the existing PUD. The purpose of the amendment to Longshore Lake PUD is to accommodate an off-site premise sign for the Terafina PUD/Satumia Falls development in the residential district of the Longshore Lakes PUD. The off-site sign will be located at the southeast comer of the Longshore Lake PUD, in the northwest comer of the intersection of lmmokalee Road and Olde Cypress Boulevard. The sign may be converted to a future on-site premise sign for Longshore Lakes around the year 2012. The request for an off-site sign is not supported by a typical variance request. This is because only a variance from dimensional requirements may be requested. A variance can not be requested from a land use such as this off-site sign in a residentially zoned district. However, the applicant has the right to pursue this request for an ofT-site sign through the PUD amendment process. This is one of the primary rcasons Staff can not support the proposed amendment. -- The 636.8:10 acre Terafina PUD/Satumia Falls project is not located directly on Immokalee Road. It is one mile north of Immokalee Road on the east side of Olde Cypress Boulevard and is north ofOlde Cypress PUD/DRI. The Teratina PUD/Satumia Falls development is approved for 850 Page 1 of7 Agenda Item No. 8A April 28. 2009 Page 2 of 85 dwelling units. Access to the Terafina PUD/Satumia Falls development will be provided from the extension of Olde Cypress Boulevard to Bonita Beach Road. The 320.5H acre Longshore Lake PUD was originally approved in 1987 with the adoption of Ordinance Number 87-54. This ordinance was first amended in 1990 with the adoption of Ordinance Number 90-93. On January 12, 1993, the Board of County Commissioners approved Ordinance Number 93-03 that repealed Ordinance Number 87-54. The Longshore Lake PUD is approaching project build-out for the approved 566 single-family dwelling units. Since the original Collier County Planning Commission (CCPC) hearing dates, the off-site premise sign that was proposed has been reduced slightly in size. The sign copy has been reduced from 62 square feet to 53 square feet, exceeding the maximum code area of 12 square feet by 41 square feet. The proposed sign wall area has been reduced from 270 square feet to 210 square feet. The height of the proposed sign has been reduced from 12.5 feet to 8 feet, meeting the code prescribed height. (Please note: these changes have reduced the number of requested deviations from six to four.) The original sign was not lighted, the current sign is lighted as depicted in Exhibit B-3 ofthe Ordinance. The petitioner is now proposing an amendment to Ordinance Number 93-03, the Longshore Lake PUD instead of adopting a new PUD by Ordinance and repealing this Ordinance. The amending Ordinance proposes the following changes: .~ . Section 3.2.BA.: The applicant is requesting added language to allow an off-site sign for Satumia Falls (aka Terafina PUD). The applicant has also requested that in the event the lease for the off-premise sign is terminated between Longshore Lakes and Satumia Falls/Terafina PUD, the sign may become an on-site premise sign for Longshore Lake. Traffic Requirements Section 5.2. Stipulations subsection 2, 3, and 4: The applicant seeks to reinsert transportation stipulations that were adopted but inadvertently left out of the last adopted version ofthis PUD. . Section IX "List of Deviations:" The applicant is seeking four deviations from the requirement of Collier County Land Development Code (LDC) Section 5.06.00. Signs. The analysis of the requested deviations is provided in the "Deviation Discussion" section of the Staff Report. . Exhibits: The following Exhibits depicting the proposed off-site premises sign and related landscaping and irrigation are proposed to be added to the Longshore Lake PUD: Exhibit B-1 "Corner Identification Signage Plan," Exhibit B-2 "Landscape Plan and Details," Exhibit B- 3 "Project Sign Irrigation Plan," and Exhibit B-4 "Irrigation Details and Notes." No increases in intensity or density are proposed and no changes are proposed to the Master Plan. This petition is incorporating a strike through and underline fonnat to address the specific changes proposed only. It has been determined that this type of PUD amendment does not "open" the entire PUD to additional scrutiny. Page 2 of7 Agenda Item No. SA April 28, 2009 Page 3 of 85 FISCAL IMPACT: The PUD amendment by and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the PUD rezone is approved, a portion of the land could be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): Future Land Use Element (FLUE): The subject properties are located within the Urban Residential Sub-district of the Future Land Use Map (FLUM) of the GMP. The GMP does not address signs, it focuses on the b'l'eater issue of actual land use. ENVIRONMENTAL ISSUES; Environmental Services staff has not reviewed the petition because this is a small scale amend- ._ ment that will not have any impact on environmental issues. As a result, this petition was not required to be presented to the Environmental Advisory Council (EAC). COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition PUDA-2007-AR-1 ]546 on March 19, 2009, and by a vote of 6-1 recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following conditions: 1. The off-premise sign shall terminate no later than when the Logan Boulevard Extension between lmmokalee Road and Bonita Beach Road is constructed and accepted by Collier County. The Commissioner who objected to this petition did so because of his concern that adding another large sign at the aIde Cypress Boulevard/lmmokalee Road intersection in addition to the large aide Cypress sign would be too much signage at the intersection. Since the CCPC motion was not unanimous and considering Staffs overall recommendation of denial, this petition has been placed on the regular BCC agenda. -. Page 3 of? Agenda Item No. 8A April 28, 2009 Page 4 of 85 LEGAL CONSIDERATIONS: This is an amendment to the existing Longshore Lake PUO (Ordinance No. 93-3, as amended) which proposes to amend the PUD to allow an off premise si&'11 for Saturnia Falls (aka Terafina PUO) in Tract B of the Longshore Lake and to allow an existing maintenance building to remain as an accessory use. This proposed amendment is quasi-judicial in nature and as such requires ex parte disclosure. As such the burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for pun Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of a&'feements, contract, or other instruments or for amendments in those proposed, particularly as they may rclate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only afier consultalion v,ith the County Attorney. 3. Consider: ConfOlmity of the proposed PUD amendment with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The intemal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. - Page 4 on Agenda Item No. 8A April 28, 2009 Page 5 of 85 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD amendment be appropriate considering the existing land use pattern? II. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogical1y drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? ~ 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change wil1 constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used III accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? .--. Page 5 of? Agenda Item No< 8A April 28, 2009 Page 6 of 85 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD amendment on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented tlu'ough the Collier County Adequate Public Facilities Ordinance [Code ch.l 06, mi. II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfm'e? ,'_. The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. A supennajority vote of the Board is necessary for approval. The proposed Ordinance was prepared by the County Attorney's Office. (HFAC) RECOMMENDATION: Staff recommends that the Board of County Commissioners deny the request for an off-premise sign and approve the request for PUDA-2007-AR-11546 Longshore Lakes subject to Staffs conditions of approval as follows: As previously recommended in the Supplemental Staff Report dated November 5, 2008, Staff recommends that the CCPC forward the Longshore Lakes PUD to the Board of County Commissioners (BCC) with a recommendation of denial for the off-site premise sign. 1. The landscape maintenance building shall be approved as an accessory use as shown in the revised PUD Ordinance. 2. The revised Transportation Commitments shall be inserted into the PUD Ordinance as shown in the revised PUD Ordinance. Should the BCC be inclined to approve the request for an off-premise sign for PUDA-2007-AR- 11546 Longshore Lakes, then Staff recommends the Board's approval be conditioned with the CCPC condition of approval as fo Ilows: ~ Page 6 of7 Agenda Item No. 8A April 28, 2009 Page 7 of 85 I. The off-premise sign shall terminate no later than when the Logan Boulevard Extension between Immokalee Road and Bonita Beach Road is constructed and accepted by Collier County. PREPARED BY: Nancy Gundlach, AICP, Principal Planner Department of Zoning & Land Development Review ,- ;-. Page 7 of7 Item Number: Item Summary: Meeting Date: r CleC 1 VI k Agenda Item No. 8A April 28, 2009 Page 8 of 85 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SA This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-2007-AR-11546 Longshore Lake Foundation, Inc" represented by Robert L. Duane, A1CP of Hole Montes. lnc, requesting a Planned Unit Development (PUD) Amendment to Longshore Lake PUO Ordinance No. 93~3, Section 3.2 B. to allow an off premise sign for Saturnia Falls (aka Terafma PUO) in Longshore Lake Unit 5C, Tract B; or, in the alternative to allow the off-srte premise sign to become an on-site premise sign for Longshore Lake: to reinsert partially omitted Traffic Requirements: Section 5.2, Stipulations subsection 2: to reinsert omitted Traffic Requirements: Section 5.2, StIpulations subsections 3 and 4; and to add Section 8: Deviations. The subject sign is located on a .5 acre property located on the southeast corner of the Longshore Lake PUD, at the northwest corner of the intersection of lmmokalee Road (CR 846) and Logan Boulevard In Section 20, Township 48 South, Range 26 East. Collier County, Florida. (CTS) 4128120099:0000 AM Prepared By Nancy Gundlach Community Development & Environmental Services Principal Planner Date Zoning & Land Development Review 417/20091 :54:07 PM Approved By Norm E. Feder, Alep Transportation Services Transportation Division Administrator Transportation Services Admin. Date 417/20094:28 PM Approved By Nick Casalanguida Transportation Services MPO Director Date Approved By Transportation Planning 417/20094:38 PM Ray Bellows Community Development & Environmental Services Chief Planner Date Zoning & Land Development Review 4/131200912:12 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date Approved By 411312009 3:05 PM Susan Istenes, Alep Community Development & Environmental Services Zoning & Land Development Director Date Approved By Zoning & Land Development Review 4113/20095:04 PM Jeff Klatzkow County Attorney County Attorney Date County Attorney Office 41151200910:38 AM Approved By Joseph K. Schmitt Community Development & Date .L':1_. '11'-_1 A ____ .-l_'T'__..IT"n__ __....11,...0 A __ _:1(\/ """"'10 1\/ ""I""'IAf\"\f\O 1\/ '"I" A ~"'{ Trn'T'TC"T"~I\/"""TH TnT T II 1"'I"'I,,...f\Af\ rage:.:.. UJ .:.. Agenda Item No. 8A April 28, 2009 Page 9 of 85 Environmental Services Adminstrator Community Development & Environmental Services Community Development & Environmental Services Admin. 4115120091:22 PM Approved By Heidi F, Ashton County Attorney Assistant County Attorney County Attorney Office Date 4115120093:15 PM Approved By OMS Coordinator County Manager's Office OMS Coordinator Office of Management & Budget Date 41171200911:12AM Approved By Randy Greenwald County Manager's Office Management/Budget Analyst Office of Management & Budget Date 411712009 1 :36 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 4/1912009 1 :02 PM ~l~.I'n_\ A ~___..J_'T"__4-\I'_____"..4-11""lO A___.~H1/""'n""lO f'l/,...,n""'nnlllr\O f'l/""lr\A~-';Tl'n'T'T('1I'~f'l/""lnTlTTT"\T I II '''"l''"l'''"l''''C\ AQeng,q Jt~rQNo. 8A AGENDA I Tt:A\fbrii-tm. 2009 Page 10 of 85 "."", 1 ':~._ -, . /;J" ,; '.' -, _ j;~ S91~;iel" County "',,"-"." STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES SUBJECT: NOVEMBER 20, 2008 PETITION NO: PUDA-2007-AR-11546, LONGSHORE LAKES PLANNED UNIT DEVELOPMENT (PUD) HEARING DATE: ____.__n__..._______..._. PROPERTY OWNER/AGENT: Prope11v Owner/Applicant: William Bates, President Longshore Lake Foundation, Inc. 11399 Phoenix Way Naples, FL 34119 Co-Applicant: N. Maria Menendez, Vice President GL Homes of Naples 1I C0l110ration 1600 Sawgrass Corporate Parkway, Suite 300 Sunrise, FL 33323 Agent: Mr. Robe11 1. Duane, AICP Hole Montes, Inc. 950 Encore Way Naples, FL 341 I 0 REOIJESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPe) consider a proposed amendment to Ordinance Number 93-03 the Longshore Lake Plamled Unit Development (PUD) to allow an off-site premise sign for Saturnia Falls (also know as Terafina PUD) in Longshore Lake Unit 5C, Tract B; or, in the alternative to allow the off-site premise sign to become an on-site premise sign for Longshore Lake; to insert Section 3.2.BA. "Accessory Uses," to reinsert partially omitted Traffic Requirements: Section 5.2, Stipulations subsection 2; to reinsert omitted Traftic Requirements: Section 5.2, Stipulations subsections 3 and 4; and to add Section IX "Deviations" (Exhibit C "List of Deviations). Longshore Lake PUP, PUPA-2007-AR-11546 September 8, 2008 Page 1 of 11 <(O>CO COO CO .O~ ON 0 Zoj"\"""" EN~ (1)= iJ.) _~Ol - "-ro ro <( 0- -0 C Q.) 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I~j::::.:::' '- '\!- __---------'-._.__ _--I~--~~-"-< ~=~~------ _~~ ;~ ~ i ~Il ~--- .I'~".J"..". j ~'" -."-"rr:.---=;-----.J-;., .~~ ;"~-.'~;; <[ I"" ~~,.. /: E!t,," ~g,." i"-I~~!~ --I.t:~~,t"~T;a~ i r-c,____C- ~~ ~~ !j ~~~ : ~~a ~ i ~" :~~\ y~~t ~~~u-+m_-'git ~I \ J I~",,~, b,1,tJJ} lull' g! !i~"-;i-~=-:~:;f:::,c"o"'~1 '1[1 Ii !lilT i--j!~ ,. 3 o u w w ~ ~~ D- e:( ~ C9 z z o N ~I =! 0: '" , h '" '" N, ~I ::J n. " z 0' ~i -, ~I I D- e:( ~ z o l- e:( o o ....J Agenda Item No 8A April 28, 2009 Page 12 of 85 GEOGRAPHIC LOCATION: The 320.5H acre Longshore Lake PUD is located approximately one mile east of 1-75 and is located on the north sidc of Immokolee Road (CR 846) and west of aIde Cypress Boulevard in Section 20, Township 48 South, Range 26 East, Collier County, Florida. The subject of the proposed sign, Saturnia Falls, also known as Terafina PUD is located approximately one mile north of the intersection of hmnokalee Road and aIde Cypress Boulevard in Section 16, Township 48 South, Range 26 East, Collier County, Florida. (See location map on previous page.) PURPOSE/DESCRIPTION OF PROJECT: The petitioner is proposing an amendment to Ordinance Number 93-3, the Longshore Lake PUD instead of adopting a new PUD by Ordinance and repealing that Ordinance. No changes are proposed to uses, densities or intensities approved in the existing PUD. The purpose of the amendment to Longshore Lake PUD is to accommodate an off-site premise sign for the Terafina PUD/Saturnia Falls development in the residential district of the Longshore Lakes PUD. The of I-site sign will be located at the southeast corner of the Longshore Lake PUD, in the northwest corner of the intersection ofImmokalee Road and Olde Cypress Boulevard. The sign may be converted to a future on-site premise sign for Longshore Lakes around the year 2012. The request for an oft~site sign is not supp01ted by a typical variance request. Tlus is because only a variance from dimensional requirements may be requested. A variance call not be requested from a land use such as this oft~site sign in a residentially zoned district. However, the applicant has the right to pursue this request for an off-site sign through the PUD amendment process. This is one of the primary reasons Staff can not support the proposed amendment. The 636.8:< acre Terafina PUD/Saturnia Falls project is not located directly 011 Inm10kalee Road. It is one mile notth ofImmokalee Road on the east side of Olde Cypress Boulevard and is north of Olde Cypress PUD/DRl. The Terafina PUD/Saturnia Falls development is approved for 850 dwelling units. Access to the Terafina PUD/Satumia Falls development will be provided from the extension of aIde Cypress Boulevard to Bonita Beach Road. The 320.5 H acre Longshore Lake PUD was originally approved in 1987 with the adoption of Ordinance Number 87-54. TI1is ordinance was first amended in 1990 with the adoption of Ordinance Number 90-93. On January 12, 1993, the Board of County Commissioners approved Ordinance Number 93-03 that repealed Ordinance Number 87-54. The Longshore Lake PUD is approaching project build-out for the approved 566 single-family dwelling units. The proposed off-site sign will be double-sided and will have approximately 62 square feet of sign copy. The sign will be attached to walls that 1'01111 a v-shaped structure and each wall will be approximately 270-square feet in area. The sign copy exceeds the maximum code area of 12 square feet by 50 square feet or 416 percent. The 12.5-foot height of the sign exceeds maximum code height of 8 feet by 4.5 feet or 64 percent. Longshore Lake PUD, PUDA-2007-AR-11546 September 8. 2008 Page 4 of 11 Agenda Item No. 8A April 28, 2009 Page 13 of 85 The petitioner is now proposing an amendment to Ordinance Number 93-03, the Longshore Lake PUD instead of adopting a new PUD by Ordinance and repealing this Ordinance. The amending Ordinance proposes the followjng changes: · Section 3.2.BA.: The applicant is requesting added language to allow an oW.site sign for Saturnia Falls (aka Terafina PUD). The applicant has also requested that in the event the lease for the off-premise sign is terminated between Longshore Lakes and Saturnia Falls/Terafina PUD, the sign may become an on-site premise sign for Longshore Lake. · Traffic Requirements Section 5.2. Stipulations subsection 2, 3, and 4: The applicant seeks to reinsett transportation stipulations that were adopted but inadveltently left out of the last adopted version of this PUD. · Section lX "List of Deviations;" The applicant is seeking seven deviations from the requirement of Collier County Land Development Code (LDC) Section 5.06.00. Signs. The analysis of the requested deviations is provided in the "Deviation Discussion" section of this Staff Report. · Exhibits: The following Exhibits depicting the proposed ofj:site premises sign and related landscaping and il1'igation are proposed to be added to the Longshore Lake PUD: Exhibit B-1 "Corner ldentification Signage Plan," Exhibit B-2 "Landscape Plan and Details," Exhibit B-3 "Project Sign lrrigation P]an," and Exhibit B-4 "lITigation Details and Notes." No increases in intensity or density are proposed and no changes are proposed to the Master Plan. This petition is incorporating a strike through and underline format to address the specific changes proposed only. It has been determined that this type of PUD amendment does not "open" the entire PUD to additional scrutiny. SURROUNDING LAND USE AND ZONING: North: Quail CTeek, a residential golf course community zoned RSF-2 and GC East: Olde Cypress PUDIDRI, a residential golf course community, zoned PUD/DR] South: lmmokalee Road, a six-lane divided roadway then, Estates zoning West: Quail II PUD, commercial development, then Valewood Drive and then a developed golf course, zoned PUD Longshore Lake PUO, PUDA.2007-AR-11546 September 8, 2008 Page 5 of 11 Agenda Item No. 8A April 28, 2009 Page 14 of 85 SUBJECT SIGN OF PROJECT SITE GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject properties are located within the Urban Residential Sub-district of the Future Land Use Map (FLUM) of the OMP. The OMP does not address signs, it focuses on the greater issue of actual land use. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable detemlination must be based, These criteria are specifically noted in Section 10.03.05 I. and Section 10.02.13.B.5 of the Land Development Code (LDC) and require staff evaluation and comment. The Collier County Planning Commission (CepC) and the Board of Collier County Commissioners (BCC) also used these criteria as the basis for their recommendation. Appropriate evaluation of petitions for amendments to PUD's should cstablish a factual basis for suppottive action by appointcd and elcctcd decision-makers. Each of the potential impacts or considcrations identified during the staff review are listed under each of the criterion noted and are summarized by staff, culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report (See Exhibit "A" and Exhibit "B"). Transportation Review: TrallspOltation PI31ming staff has reviewed this project and is reconmlending approval of this amendment subject to the stipulation that the applicant reinsett the Traffic Stipulations that were inadvertently left out of the previously adoptcd Ordinance Number 93-03. The applicant has included the stipulations in the Section V "Traffic Requirements" subsection 5.2 "Stipulations" 2, 3 and 4 of the Ordinance. Zoning Review: The proposed 3111endment to Section 3 "Development Regulations" subsection 3.2. BA. "Accessory Uses," Section V "Traffic Requirements" subscction 5.2 "Stipulations" 2, 3 and 4 and the addition of Section IX "List of Deviations" will not changc the currently approved Longshore Lake PUD. PUOA-2007.AR.11546 September 8, 2008 Page 6 of 11 Agenda Item No. 8A April 28, 2009 Page 15 of 85 permitted uses and intensity. The change primarily addresses the proposal for an off-site sign and the reinsertion of transpoliation stipulations that were inadvertently left out of the previous ordinance. Del,iatioll Discussioll: The petitioner is seeking seven deviations from LDC requirements and has provided justification in support of the deviation requests. The deviations are found in Section IX "List of Deviations" of the amended PUD Ordinance. Staff has analyzed the deviation requests and provides the analyses and recommendations below: The first requested "deviation" is not a deviation per LDC Subsection 10.02.13 A.2.v. It is an amendment to the Longshore Lake PUD. The applicant seeks relief from LDe Subsection 5.06.04 C.16.a. which requires that "Off-premises directional signs shall only be pe1111itled in nonresidentially zoned, or agricultural districts." The alternative proposal would allow an off-site sign for a residential land use where none is cUlTently allowed. Pelilioner's Ralionule: This request is justified in order allow an off-site sign for Terafina PUD within the residentially zoned Longshore Lake PUD. (See Exhibit Section IX "List of Deviations"). Slq!J Analysis and Recommendation: Zoning and Land Development Review staff recommends denial. LDe Section 5.06.01 sets forth the general PUl110se why there are sign standards in Collier County citing: Increased numbers und sizes of signs, as well as certainlypes (if lighling dislracllhe ul/enlion of motorisls and pedeslrians, and intel/ere with tl'{!fJic safety. The indiscriminale erec/ion of signs degrades the aeslhetic attracliveness of Ihe natural and mal1lnade a/lribute.l' of Ihe community and Ihe/'eby undermines the economic value of tourism, visitalion and permanent economic gl'owlh. Staff is of the opinion that the applicant (Ten'afina PUD/Saturnia Falls) has not provided sufficient justification to allow the proposed sign in the residential district of the Longshore Lake PUD based upon the petitioners' own decision to develop a property with residential uses fmiher from the intersection of Olde Cypress Boulevard and Immoka1ee Road. That rationale provided could be used for every residential development that docs not front an artcrial roadway, which would result in a proliferation of signs. Deviation # 1 (applicant deviation # 2) seeks relief from LDC Subsection 5.06.04 C.16.b.i. which requires that: "Each [ofT-premise] sign is not more than 12 square feet in area." The alternative proposal would allow each sign to be 62.4 square feel. Peli/ionel"s Rationale: This deviation is justified because the size limitation of 12 square feet would not be visible to the public traveling on lmmokalee Road. Visibility is further diminished by the 1 DO-foot wide Immolcalee Road canal which is located between Immokalce Road and the proposed sign location. (See Exhibit "E-I" "Comer Identification Signage Plan.") Longshore Lake PUD, PUDA.2007-AR-11546 September 8, 2008 Page 7 of 11 Agenda Item No. 8A April 28, 2009 Page 16 of 85 SlqU'Analysis and Recommendation: Zoning and Land Development Review Staff reconUllends denial. Staff is of the opinion that the applieant has not provided adequate justification to SUpp0l1 the requested deviation allowing the proposed sign to exceeds the maximum allowable size by 156 percent. Furthermore, the proposed sign is located on a wall that is 270 square feet in area. Granting the requested deviation would confer upon the applicant special privilege that would be denied to other property owners in the residential district. As previously stated, the request for an otl~site sign is not supp0l1ed by a typical variance request. This is because a variance from dimensional requirements only may be requested. A variance can not be requested from a land use such as this oft~site sign in a rcsidentially zoned district. However, the applicant has the right to pursue tillS request for an off-site sign through the PUD amendment process. This is one of the primary reasons Staff can not supp0l1 the proposed amendment. Deviation # 2 (applicant deviation #3) seeks relief from LDC Subsection 5.06.04 C.16.b.i. which requires that: "The sign is not more than eight feet in height above the lowest center grade of the aJterial roadway."" The a1temative proposal would allow a 9-foot high sign that is located on a 4- foot high berm, or a sign that is 12.5 feet above the adjacent arterial roadway. Petitioner's Ralionale: The petitioner has requested this to allow the off~premise sign as depicted in Exhibits "B-1", "B-2", "B-3" and "B-4." Staff Analysis and Recommendalion: Zoning and Land Development Review Staff recommends denial. The applicant has not provided adequate justification for staff to support the requested deviation allowing a sign that exceeds the maximum allowable height by 64 percent. Granting the requested deviation would confer upon the applicant a special privilege that would be denied to other property owners in the residential district. Deviation # 3 (applicant deviation # 4) seeks relief from LDC Subsection 5.06.04 C.16.b.v. which requires that: "The sign shall only be located within 1,000 feet of the intersection of the arterial roadway serving the building, structure, or use." Petilionel' 's Rationale: The Terafina PUD/Saturnia Falls is located approximately one mile from Immokalee Road, the arterial roadway that would serve the Teralina PUD/Saturnia Falls uses, and the proposed location for the sign. This distance between Teralina PUD/Saturnia Falls and the arterial roadway creates the need for the sign location. Staff Ana~J'sis and Recommendalion: As previously stated in Deviation number 1, the intent of this code provisions is to prohibit off-premise signs in residential zoning districts. The proposed off- premise sign is located a mile away on a residential zoned parcel in a different development from the residential development that it is identifying. Deviation # 4 (applicant deviation # 3) seeks relief from LDC Subsection 5.06.04 C.16.c. which requires that: "Off-premises directional signs shall not be located closer than 50 fect from a residentially zoned district." Longshore Lake PUO. PUDA-2007-AR-11546 September 8, 2008 Page 8 of 11 Agenda Item No. 8A April 28. 2009 Page 17 of 85 Petitioner '.\' Ralionale: The subject property is within the residentially zoned Longshore Lake PUD. There is no non-residentially zoned property in the vicinity of the intersection of Immokalee Road and Logan Boulevard. Slqff Analysis and Recommendation: The current sign requirements of the LDC have been adopted to promote the welfare of the community as noted in the citation above. In staff's opinion, approval of this deviation is not consistent with the sign provisions of the LDC and is not compatible because of its close proximity to an established residential neighborhood. Therefore, Zoning and Land Development Review staiT recommends DENIAL, finding that, in compliance with LDC Section 1O.02.I3.A.3, the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 1O.02.13.B.5.h, the petitioner has not demonstrated that the deviation is '~justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation # 5 (applicant deviation # 6) seeks relief from LDC Subsection 5.06.04 C. 16.c. which requires that: "On-premises signs within residential districts. Two ground signs with a maximum height of eight feet or wall residential entrance or gate signs may be located at each entrance to a multi-family, single-family.......' to allow the oft~premiscs sign to become an on- premise sign and to exceed the eight foot height limitation. Petitioner's Ralionale: To provide visibility for project signage and identification for the Terafina PUD which does not have frontage on Immokalee Road. Stqlj'Analysis and Reco111l11endalion: Zoning and Land Development Review Staff recommends denial. Even though the proposed sign is separated by a canal, Staff is unable to find adequate reason to support authorization of a sign that exceeds the maximum allowable height by 64 percent. Granting the requested deviation would confer upon the applicant special privilege that would be denied to other property owners in the residential district. Deviation # 6 (applicant deviation # 7) seeks relief from LDC Subsection 5.06.02 A.6.b. which requires that: "The ground or wall signs shall not exceed a combined area of 64 square feet, and shall not exceed the height or length of the wall or gate upon wbich it is located." The alternative proposal would allow each sign to be 62.4 square feet or a combined total of 128.4 square feet. Petitioner's Rationale: To provide visibility for project signage and identification for the Terafina PUD which does not have fh1l1tage on Immokalee Road. Slq[{ Analysis and Recommendalion: Zoning and Land Development Review Staff reconunends denial. Staff is unable to find adequate reason to support authorization of a sign that exceeds the maximum allowable size by 206 percent. FUl1hennore, the proposed sign is located on a wall that is 270 square feet in area. NEIGHBORHOOD INFORMATION MEETING (NIM): Synopsis provided by Linda Bedtelyon, Community Planning Coordinator and rewritten by Nancy Gundlach, Principal Planner: Longshore Lake PUD, PUDA~2007.AR.11546 September 8, 2008 Page 9 of 11 Agenda Item No. 8.A. April 28, 2009 Page 18 of 85 TIle applicant duly noticed and held the required meeting on May 23, 2007 at 5:30 p.m. at the November 29, 2007, 5:30 PM at the Longshore Lake Clubhouse, 11399 Phoenix Way, Naples, Florida. Approximately eight people including the applicant, Kevin Ratterie of GL Homes, the agent Bob Duane, and County Staff attended the meeting. The applicant and the agent presented a brief overview of the off-premise sign for Satumia Falls, also knmNn as Terafina RPUD. They stated that the proposed sign will be located at the soutbeast comer of Longshore Lake, west of Old Cypress PUDIDR1, on Immokalee Road. The sign will be 270 square feet in size, 9 feet high, and located on top of a berm feature that will include plantings of sabal palms. Mr. Ratterie further stated the following: "We're responsible for the landscaping; we have a Home Owners Association (BOA) lease with Longshore Lake; there will be no spot lighting on the sign, we'll be using coach lamp type lighting fixtures." Mr. Ratterie displayed a rendering of the sign. There were no objections to the proposed sign. The meeting concluded at 5:45 p.m. RECOMMENDATION: Zoning and Land Development Review staff reconunends that the Collier County Planning Conunission forward Petition PUDA-2007-AR-1l546 to the Board of County Conilllissioners with a recommendation of denial. Longshore Lake PUD. PUDA-2007-AR-11546 September 8, 2008 Page 10 of 11 Agenda Item No. 8A April 28, 2009 Page 19 of 85 PREPARED BY: ,,'1 I, .' j) '-, , r I' \ ll\iVlLt\\ I e,l fie 1\ NANCY GVJ'\DLACH, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW . ,.1 . ~., 'I ,. , i 'e. '.1 -' 1 ...... ~'.' "_ DATE ,-, '-.l,:".-C;... \ I, ,tC( REVIEWED BY: lf~ ,<'A 7 lY) L-~ STEVEN T. WILLIAMS ASSISTANT COUNTY ATTORNEY I(!, {;J(). C)S,/ DATE ~~ IO'(70~ DATE RA YD. BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~Lrn.~ SUSAN M. ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW I () /"-0 ~ f DATE APPROVED BY: /=~~;d~/ JSz~E -I K. SCHMI T, ADMINISTRATOR Cr ITY DEVELOPMENT & E IRONMENTAL SERVICES DIVISION /<;I;!:- / /tJ y/ - ( 'DATE MARK P. STRAIN, CHAIRMAN COLLIER COUNTY PLANNING COMMISSION: DATE Tcntatively scheduled for the September 18,2008 Board of County Commissioners Meeting. Exhibits: A. Rezone Findings B. PUD Findings Longshore Lake PUD. PUDA-2007-AR-11546 September 8, 2008 Page 11 of 11 Agenda Item No. SA April 28. 2009 Page 20 of 85 EXHIBIT" A" REZONE FINDINGS I'ETITION PUDA-2007-AR-1l546 Chapter 10.03.05 1. of the Collier County Land Development Code requires that the repOlt and recommendations of the pjanning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whcthcr thc proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. The proposed PUD amendment is consistent with all applicable elements of the Future Land Use Element (Fl.UE) of the Growth Management Plan (GMP). 2. The existing land use pattern. As noted in the Staff Report, Longshore Lake PUD is a 320.51 clo acre parcel and is approved for 566 single family units. Tcrrafina PUD is a 636.8clo acre parcel and is approved for 850 dwelling units. To the norlh of Longshore Lake PUD is Quail Creek, a residential golf course community. To the cast is aide Cypress Boulevard and then aIde Cypress PUD/DRI, a residential golf course community. To the south is Immokalcc Road and then Estates zoning. 3. The possible creation of an isolatcd district unrelated to adjacent and nearby districts. The currently approved PUD was deemed to be of sufficient size and did not result in an isolated district unrelated to adjacent and nearby districts when the PUD was adopted. The proposed amendmcnt docs not changc the projects consistency with the FLUE. 4. Whether existing district boundaries arc illogically dnlwn in rclation to existing conditions on thc pl'Opcrty proposed for changc. The proposed amendment to the Longshore Lake PUD doesn't change the currently approved district boundaries that were previously deemed to be logically drawn in relation to existing conditions at thc time the propClty was first rezoned to a PUD. 5. '''''hethcr changed or changing conditions make the passage of the proposed amendment necessal-Y. PUD^-07-A R-11546, LONGSHORE L.A KE PUD Pagel of 4 Agenda Item No. 8A April 28. 2009 Page 21 of 85 The growth and developmcnt trcnds, and the challenging rcsidential market conditions make the proposed amcndmcnt desirable to thc petitioncr. The amcndment is not necessary, per se. 6. Whether the proposed change will advcrsely influcnec living conditions in the neighborhood. The proposed Sign amendment will allow for additional slgnage in the neighborhood than would nOllnally be allowed. 7. Whether the proposed change will create or excessively increase t.-affic congcstion or create types of traffic deemed incompatible with surrounding land uscs, bccausc of pcak volumes or projceted typcs of vchieular traffic, including activity during constrnction phases of thc devclopmcnt, or othem'ise affect public safety, The proposed amendment docs not incrcase the intcnsity of the approved PUD. Therefore, the proposed PUD amendment will not excessively increase traffle congestion. 8. Whether the proposed change will create a drainage problem, The proposed amendment to allow for an off-premise sign and revisions to the PUD document will not change the CUITcnt approved dcvelopment plan or intensity of development. Therefore, the proposed amendmcnt will not create a drainage problem. 9. Whether the proposed change will sel'iously rcduce light and air to adjacent areas. The proposed amendment will not change the currently approved development standards that have been dctcrmined not to seriously rcduce light and air to adjacent areas. 10. Whether the proposed change will adyersely affect propeloty values in the ad.jaeent area. The proposed amendmcnt will not change the pennitted uses, project intcnsity or the approved development standards. Therefore, staff is of the opinion that this petition will not adversely afTeet properly values. It should be noted that the value of property is a subjective determination based upon anticipated results, which may he internal or external to the subject property. Property valuation is affected by a host of factors including I.oning, however zoning by itself mayor may not affect values, since value de1ell11ination by law is driven by market value. PUDA-07-AR-I 1546. LONGSHORE LAKE PUD Page 2 of 4 Agenda Item No. 8A April 28, 2009 Page 22 of 85 11. Whether the proposed ehange wiII be a detelTent to the improvcmcnt or dcvelopmcnt of adjacent property in aecol'dancc with existing regulations. The development of Terafina PUD/Saturnia Falls will be improved if the Longshore Lake PUD amendment is approved because the signage amendments will help to promote the developmcnt illld sales of Terafina PUD/Satumia Falls. III addition, since the Longshore Lake PUD is nearly built-out, this proposed amendment should not be a deterrent to its development. 12. Whether thc proposcd ehangc will constitute a gl'ant of speeial privilege to an individual owner as contrasting with the public welfare. Approval of this deviation would confer upon the applicant special privilege that would be denied to other propelty owners in the residential district. 13. Whether there are substantial l'casons why the property cannot be used in accordance with existing zoning. The subject property is bcing dcveloped in accordance with the existing PUD zoning. The proposed PUD amendment does not seek to alter the current uscs or development standards. 14, Whethcr the change suggested is out of scale with the needs of the neighborhood or the County; As previously stated in the Staff Report, the proposed sign amendments result in signage that is larger than what would otherwise be permitted in the County. 15. Whcthcr it is impossiblc to fiud other adequatc sites in the County for the proposed use in districts alrcady permitting sur.II usc, The Terafma POD seeks to locale an identification sign on an arlerial road. There are no nonresidential sites located within its immediate vicinity to locate its identification sign. 16, The physical charaetcristics of thc propel'ty and the degrcc of site altcration which would be required to makc the property usablc fot' any of thc range of potential uses under the proposed zoning classification. The proposed amcndment will hardly impact the cUlTently approved physical characteristics of the property. I'UDA-07-AR-11546, LONGSlIORE LAKE I'UD Page 3 of 4 Agenda Item No. 8A April 28. 2009 Page 23 of 85 17, The impact of development on the availability of adequate public facilities and sCI"Viccs consistent with thc levels of service adopted in the Collier County Growth ]\,lanagemcnt Plan and as defined and implemented through the Collicr Count)' Adcquatc Public Facilities Ordinance, as amended. l\. multi-disciplined team responsible for jurisdictional elements of the GMP has previously reviewed these PUD's and has found them consistent with the GMP. Staffreviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. The proposed amendment will have no affeclupon those conditions. PUDA-07-AR-t 1546. LONGSHORE LAKE pun Page 4 of II Agenda Item No. 8A April 28, 2009 Page 24 of 85 EXIUBlT "B" FINDINGS FOR PUD PUDA-2007-AR-11546 Section 10.02. J3.B.S of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: L The suitability of the al'ca for the typc and pattern of developmcnt proposed in relation to physical characteristics of the land, surrounding areas, traffic and acccss, drainage, sewer, water, and other utilities. Jurisdictional reviews by County staff support the manner and pattern of development approved and developed for the subject properly. Development conditions contained in the approvcd Longshorc Lakc PUD document givc assurance that all infrastructures will be developed consistcnt with County regulations. The proposed amcndment will not advcrsely impact the approved mitigationmeasurcs that assure compliance with Level of Service relationships as prcscribed by the GMP. 2. Adequacy of evidence of unified control and suitahility of any proposcd agrccmcnts, con t!"llct, 01- other instruments, or fOI' amendments in those proposcd, particularly as thcy ma)' relate to arrangcmcnts or provisions to he made for the continuing operation and maintenance of such arcas and facilities that are not to be provided 01' maintaincd at puhlic expense. The applicant has provided cvidence of unilied control for this amendmcnt. The Lease A6'reement submitted with the amendment application provides evidencc of continuing private operation and maintenance of the proposed sign location. 3. Conformity of the proposed Planncd Unit Developmcnt with the goals, objcctivcs and policies ofthe Growth Management Plan. The currently approved PUD's have been found consistent with the goals, objectives and policies ofthe GMP. 4. The internal and cxternal compatibility of proposcd uses, which conditions may include restrictions on location of improvements, restrictions on design, and huffering and screening rcquirements. Staff analysis indicates that this amendment will not adversely impact the PUD's compatibility, both internally and externally, with the proposed and existing uses. PUDA-07-AR-11546, LONGSHORE LAKE PUD Page 1 of2 Agenda Item No. SA April 2S, 2009 Page 25 of 85 5. The adeq UllC)' of usable open space areas in existence and as proposed to sen'e thc development. The amount of open space cUlTently approved for this PUD is consistent with the provisions of the Land Development Code. The proposed amendment will not change the adequacy of the usable open space. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private, Given the fact that the Longshore Lake PUD is almost built-out and that the Terafina PUD/DR! is currently undcr dcvelopment, the timing or sequencc of development in light of concurrency requirements is not a significant problem. 7. The ability of the subject property and of surrounding areas (0 accommodate expansion. Ability, as applied in this context. implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive: of conditions emanating fr0111 urban development. Infrastructure is or will be in place in the vicinity and its adequacy will be determined at thc timc of SOP approval. The proposed amcndment will not adversely impact the ability to accommodate expansion. 8. Conformity with l'UD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications arc justified as meeting public lmrposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking seven deviations (0 allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06A). This criterion requires an evaluation of the extent to which developmcnt standards and deviations proposed for Ihis PUD depart ii.om development standards that would be required for tbe most similar conventional ;coning district. Please refer to the slafT report for a more extensive examination of the deviations. PUDA-07-AR-I] 546. LONGSHORE LAKE PUD Page 2 of2 Agenda Item No. 8A AGENDAj5rRlllll9;m09 Page 26 of 85 -f,i~ Com~-y County ___ --~- -"IiEif SUPPLEMENTAL STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: MARCH 19, 2009 RE: PETITION: PUDA-2007-AR-I 1546, LONGSHORE LAKES The Collier County Planning Commission heard the Longshore Lakes Planned Unit Development Amendment (PUDA) at its November 20, 2008 meeting. The petition was continued because of the discovery of an existing landscape maintenance building that is not currently an allowed land use and because of CCPC concerns regarding reinserted Transportation Commitments. The petitioner has submitted a revised Planned Unit Development (PUD) Ordinance and revised sign exhibits. The PUD Ordinance now includes a maintenance building as an aceessory land use. The Transportation Commitments have been revised in Section Five of the Ordinance to reflect current conditions. (Please note: the underlined language represents language that has been added to the Ordinance.) They are as follows: 2. At the time that the intersection of CR 846 and Valewood Drive meets the warranted requirements for a signal system, the developer shall, at his option, design/install a traffic signal acceptable to the county and state, if CR 846 is a state road at the time of meeting the signal warrants, or make payment to the county upon receipt of invoice the allJount of $27 ,500 (55% of the estimated signal cost of $50,000) which would allow the county to proceed with signal design and installation. Alternatively, if at the time the traffic signal is warranted, there is an applicable county ordinance which determines the fair share contribution toward the eost of the signal, the ordinance requirements mal' be llJet in lieu of the above noted options. The developer's obligation toward traffic si fo'l1a I improvement will be considered an imlJrovement subiect to subdivision seeurity. PUDA-2008-AR-IIS46, LONGSHORE LAKES Page 1 of 4 Agenda Item No. SA April 2S, 2009 Page 27 of 85 3. If approved by the Longshore Lake Homeowners Association. eithcr dircct or cmergency access shall be provided from the Longshore Lake PUD to the Logan Blvd. Ex!. at the time that Logan Blvd. roadway improvements me accepted by the County as a public roadway. This detenninfltion will be left UJl to the Longshore Lake Homeowner's Association as to the type of access to be provided. Since the original CCPC hearing date of November 5, 2008, the ofT-site premjse sign that was origjnally proposed has been reduced slightly in size. The sign copy has been reduced Jhlln 62 square feet to 59 square feet, exceeding the maximum code area of 12 square feet by 47 square feet. The proposed sign wall area has been reduced from 270 square feet to 210 square feet. The height of the proposed sign has been reduced from 12.5 feet to 11 feet, exceeding tbe maximum code height by 1.5 feet. (Please note; the maximum code height of an off:premise sign is 8 fect. See Dcviation number 4 in Exhibit C of the Ordinance for further explanation of how this calculation was arrived at). The original sign was not lighted, the current sign is lighted as depicted in Exhibit B-3 of the Ordinance. NEIGHBORHOOD INFORMATION MEETING (NIM): Synopsis provided by Cheri Rollins, Administrative Assistant: A second NIM was held as a year had past since the first NIM was held and because the CCPC had continued this petition in order to clarify a land use and Transportation Commitments. The NIM was duly noticed by the applicant and held on January 29'1> at 5:30 p.m. at the Longshore Lakes Clubhouse, 11399 Phoenix Way, Naples, Florida. Nine people from the public attended, as well as thc applicant's agent, Mr. Bob Duane of Hole Montes, Inc., and County Staff. Mr. Duane presented an overview of the requested PUD Amcndment for the Longshore Lakes PUD. M1'. Duanc sharcd that the Collier County Planning Commission continued this item to get clarification that thc PUD commitments had been met. The two commitments in question are: ]. The requirement for an emergency access road, which will be left to the Home Owners Association to determine if they want it and if so where it would be installed. 2. The landscape maintenance building that is currently exists is not listed as an accessory use. The proposed amendment to the Longshore Lakes PUD will includc thc landseape maintenance building as an accessory use. This will bring the building into compliance. There were no objections or concerns expressed from the participants at this meeting. The meeting ended at approximately 5;50 p.m. Page 2 of 4 Agenda Item No. 8A April 28, 2009 Page 28 of 85 RECOMMENDATION: The Department of Zoning and Land Development Review Staff recommendation has changed from the previous recommendation of denial as noted in tbe original staff report dated November 5, 2008 to partial denial. Analysis indicates that this PUD amendment is consistent witb the OrOl\'tb Management Plan (OMP) and is compatible with the sUlTounding neigbborbood. Staff recommends that the CCPC forward the Longshore Lakes PUD to tbe Board of County Commissioners (BCC) with a recommendation of approval for the landscape maintenance building as an accessory land use and tbe insertion of the revised Transportation Commitments as stated in the attached revised Ordinance. As previously reeommended in tbe original Staff Report dated November 5, 2008, Staff fmiher reeommends tbat the CCPC forward the Longshore Lakes PUD to the Board of County Commissioners (BCC) with a recommendation of denial for tbe off-site premise sign. ATTACHED INFORMATION: Tbe Stall' Rep01t prepared for the November 5, 2008 Planning Commission meeting is attaehed. In addition, a revised Ordinance and PUD with strike tlwu's and underlines are attached. Page 3 of 4 Agenda Item No. 8A April 28. 2009 Page 29 of 85 PREPARED BY: V NANCY G I DEPART T ZONING AND LAND DEVELOPMENT REVIEW / , AICp, PRINCIPAL PLANNER ffj), ?Q 2aJ1 DATE REVIEWED BY: ~ (" 1\ ,j1....v- 7. l,-) )J, STEVEN T. WILLIAMS ASSISTANT COUNTY ATTORNEY 3/2/d9 DATE' 1 Ii ~ Ii /7 )' ;' )i .' (<"'''''1'11'(1''''' 0'(""/11./----- RA YMONb V. BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ,:, ;;.6 /D} I DATE ~__ 'v-y-v,1 _ \ $-Q..-'h..v.? SU8'l1.N M, ISTENES, AIel', DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~z!m DATE APPROVED BY: /f _:'" ~ '<:4~~- (.TOSEPH K. SCHMITT, ADMINISTRA TOR ! C!>MMUNITY DEVELOPMENT & '-ENVIRONMENTAL SERVICES DIVISION .:2j '1' /tt1 I IDATE '1 ' . '\ I 1'\ I " I ,1) ("I J.j \ I lA, ,," \ / '"J IA.C /',,_,,- r- - MARK P. STRAIN, CHAIRMAN, CHAIRMAN COLLIER COUNTY PLANNING COMMISSION: , -) , ,~_ :1 I .. I( I 'CJ I DATE Tentatively scheduled for tbe April 28, 2009 Board of County Commissioncrs Meeting. Page 4 of 4 HM HOLE MONTES ENGINEERS. PlANNERS. SURVEYORS LANDSCAPE ARCHITECTURE 950 Encore Way' Naples, Florida 34110' Phone: 239.254.2000' Fax: 239.254.2099 PUDA-2007-AR\.~fOO;lltellEll!~6. 8A LONGSHORE LAKE p' b,pnr 2'8': 2U09 Project: 19990245 "!Yage 30 of 85 Date: 1/6/09DUE: 2/4/09 December 23, 2008 Nancy Gundlach, AICP Principal Planner Collier County - CDES 2800 North Horseshoe Drive Naples, Florida 34104 RE: Longshore Lake PUDA-AR-11546 Petition to allow off-site premises sign for Terifina PUD HM File No.: 1995087 Dear Ms. Gundlach: Please be advised that we are ready to re-schedule the Longshore Lake PUDA CCPC meeting to March 19thth, a Request for Continuance or Withdrawal is enclosed along with a check in the amount of $750 for the continuance fee. Please note that the following has been added to the submittal to address issues that surfaced at the last CCPC meeting: I. Language was added to the Longshore Lake PUD Ordinance in Section 5.2 (2) that the developer's obligation toward traffic signal improvement will be considered an improvement subject to subdivision security and the issue arose as to whether the costs had been paid. Based on the enclosed email from the Collier County Transportation Dept., the proportional share has been paid to the county for the traffic signal improvement. 2. Regarding emergency access, Section 5.2 (3), please note the following: . Emergency access will not be connected to the Woodlands (nlk/a Olde Cypress) as Olde Cypress is separated by what will be the extension of Logan Blvd. . The Quail II shopping center is now no longer zoned for commercial use. Ordinance No. 2005-52 changed the PUD zoning from commercial to residential use, therefore, this interconnection is no longer feasible. Naples' F 0!1 Myers' Venice Page 2 Longshore Lake PUDA-AR-] ] 546 HM File No. 1995.087 Agenda Item No. SA April 2S, 2009 Page 31 of 85 Based on the above changed conditions, the following language will be added to the PUD: Either direct or emergency access will be proyided from the Longshore Lake PUD to the Logan Blvd. Ext. at the time that Logan Blvd. is constructed. This determination will be left up to the Longshore Lake Homeowner's Association as to the type of access to be provided. 3. Regarding the language in 5.2 (4) pertaining to the landscape buffer, "A minimum 15 foot landscaped buffer shall be required between the "loop" road and Valewood Drive where the two are parallel and adiacent." A review of plats for Longshore Lake along its eastern edge between the loop road and Valewood Drive do not depict a ] 5 foot landscape buffer. However, vegetative areas as can bc seen from the aerial photo do generally exist in this area and a fence is located along the eastern edge of Longshore Lake, adjacent to thc R-] area in the Quail II PUD, previously the Quail II Shopping Center site within this area. Based on an inspection performed by Nancy Gundlach, her opinion was that the landscaping has satisfied this provision of the PUD. (See also attached pictures taken at ground level of the existing landscaping.) 4. At the CCPC meeting an issue surfaced as to whether the maintenance building located behind the proposed of/site premise sign as can be seen from the attached aerial photo, is a permitted use. The structures according to the attached subdivision plat are shown on Tract B, Plat Book 32, Sheet I of 2 and are designated for use as open space/landscaping. A review of Section 3.2.B, accessory uses, does not appear to allow for maintenance buildings as an accessory use. Therefore, a new provision is added, Section 3.2.B.7, that will allow these structures to be consistent with the current PUD Ordinance. The language that is now included in Section 3.2.B.7. is noted as follows: Maintenance buildings presently located in the southeast corner of the PUD on Tract B of the subdivision plat, Plat Book 32. Page 33. Sheet 2 of 2, are a permitted accessory use to provide maintenance of the residential areas in the Longshore Lake PUD. The existing or H'\J995\199S087\WP\PUD Amendment 06-Temfina Off-sile sign cv\Rc$uhmittal Dee 2008\NG 081203 IClIcLCloc Agenda Item No. 8A April 28, 2009 Page 32 of 85 Page 3 Longshore Lake PUDA-AR-11546 HM File No. 1995.087 replacement structures of a similar size and location shall be deemed consistent with all other provisions of this ordinance. 5. It was brought to our attention that a black line was located on Exhibits B-1 through B-3, on the northern portion/top half of the exhibit. It was determined that this line was of no consequence and it has been deleted from the attached exhibits. 6. Exhibits B-1 though B-4 (alon g with an additional exhibit, Exhibit B-5) have been revised to provide for a somewhat smaller sign. Two hundred seventy (270) feet were originally proposed and the sign now proposed is +/- 210 s.f. The copy area of the sign previously reviewed was 56 s.f. The copy area now proposed is 50 sJ. The elevation is also reduced by +/- 3 feet in height by reducing the height of the berm and the deviation is now only 1.5 feet above the height permitted by code for an off-premises sign. 7. A minor clarification has been made on page 2 of 6, Section 3.2.B.4 of the ordinance, pertaining to the conversion of the sign from an off-site premises sign to an on-site premises sign for Longshore Lake. Summary The Longshore Lake PUD documents have been revised, both the abbreviated and strike through/underlined version of the entire PUD to address the aforementioned issues. These changes also include revisions to Section IX Deviations to revise numbers 2, 3, and 7 to reflect the new size and elevation of the sign. The title of the Ordinance has also been revised to reflect proposed changes. H\199S\199S087\WP\PUD Amendment 06-Terafina Off-site sign cv\Resubmittal Dce 2008\NG 0&1203 IWer.doc From: Sent: To: Subject: Pat and Bill [patnbillb@earthlink.net] Thursday, December 04, 2008 2:26 PM Bob Duane Fw: AR-1l546; longshore lake PUDA Agenda Item No. 8A April 28. 2009 - - -page- 33-otB5- - PUDA-2007-AR-lls46 REV: 6 LONGSHORE LAKE PUD Project: 19990245 Date: 1/6/09DUE: 2/4/09 Bob, FYI Bill Bates __On Original Message _m From: AuclairClaudine To: patnbillb@earthlink.net Sent: Thursday, November 20, 2008 2:03 PM Subject: FW: AR-11546; Longshore Lake PUDA Mr. Bates: Here is the email that was sent to Chairman Strain with regards to Longshore Lakes. Let me know if you need any additional assistance. From: GreeneMichael Sent: Thursday, November 20, 2008 1:47 PM To: AuclairClaudine Subject: FW: AR-1l546; Longshore Lake PUDA From: PodczerwinskyJohn Sent: Wednesday, November 19, 20085:53 PM To: Strain Mark Cc: GundlachNancy; CasalanguidaNick; GreeneMichael Subject: AR-1l546; Longshore Lake PUDA Commissioner Strain, With reference to the application being heard before the Planning Commission on Thursday (AR-11546; Longshore lake PUDA); staff would like to confirm that the traffic signal commitment listed in Section 5.2.2 of the PUD requirements was satisfied aher the project review was completed. Staff would also like to confirm that the Emergency access discussed in section 5.2.3 of the PUD commitments would only be required if, and when, Logan 80ulevard extension is completed. As a final note, Transportation staff has sought that the second page of Transportation commitments be re-inserted into the document as this page was somehow omitted during the most recent previous amendment ofthe PUD. Thank you for your time, COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET (i) Agenda Item No. 8A April 28, 2009 Page 34 of 85 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 APRI!!tA;tIG)N..FEXR?RUBlit(aAE~gr~m~~;gI:;" ," . ., l'8l AMENDMENT TO pub (PUD:&.) O. i>Vo REZONE';(ll\{d,?F .' 'd'~iJJit:1~~ij~~~f. .. . (~"~_P.1;~lSt'-'__;:;i~~~;;";.;' _..~-,;;.;;~:;;~~:'-.;-;\)i,~~?ifl~ PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER To be completed by staff APPLICANT INFORMNflON "1 ,...Cc~':'..:. -c..,.....-,..., , :.. :" NAME OF APPLlCANT{S) LONGSHORE lAKE FOUNDATION, INC ADDRESS 11399 PHOENIX WAY CITY NAPLES STATE FLORIDA ZIP 34119 TELEPHONE # 239-566-2304 CELL # E-MAIL ADDRESS: FAX # (239) 566-7594 NAME OF AGENT ROBERT L. DUANE, AICP, OF HOLE MONTES, INC. ADDRESS 950 ENCORE WAY CITY NAPLES STATE-H ZIP 34110 TELEPHONE # .239 254-2000 CELL # E-MAIL ADDRESS: BOBDUANE(ci>HMENG.COM FAX # 239254-2099 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGUlATIONS_ H:\1995\1995087\WP\PUD Amendment 06.Terallna Off-site sign cv\Resubmillal in Progress\APPLlCA TION-PUD Amendment Longshore lake Revised 071220,doc Agenda Item No. 8A April 28, 2009 Page 35 of 85 A$.$1ii~I>\:Tl!P!l1&'''i Complete the following for all Association(s) affiliated with this petition_ Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: QUAIL CREEK PROPERTY OWNERS ASSOC. MAILING ADDRESS 4886 POND APPLE DR. CITY NAPLES STATE.H ZIP 34119 NAME OF HOMEOWNER ASSOCIATION: OLOE CYPRESS PROPERTY OWNERS ASSOC. MAILING ADDRESS 889 J II TH AVE N CITY NAPLES STATE FL ZIP .34108 NAME OF HOMEOWNER ASSOCIATION: QUAIL CREEK VILLAGE HOMEOWNERS ASSOCIATION MAILING ADDRESS 11875 QUAIL VILLAGE WAY CITY NAPLES STATE -EL ZIP 34119 NAME OF MASTER ASSOCIATION: OLDE CYPRESS MASTER ASSOCIATION MAILING ADDRESS 3045 OLOE COVE WAY CITY NAPLES STATE FL ZIP 34119 NAME OF CIVIC ASSOCIATION: LONGSHORE LAKE FOUNDATION. INC. MAILING ADDRESS 11399 PHOENIX WAY CITY NAPLES STATE FL ZIP 34119 Disclosure ofInterest!lif<H.mat!ob a_ If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, OT joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary)_ Nome and Address Percentage of Ownership H:\1995\1995087\WP\PUD Amcndmenl 06-Terafina Off-site sign cv\Resubmiual in f'rogJessv\PPLlCA TION-PUD Amendment Longshore Lake Revised 071220 doc Agenda Item No. SA April 2S, 2009 Page 36 of 85 ". e_ If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: N / A I. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address: G_ t. Homes of Naples Associates II, Ltd. (See attached disclosure of interest) 1600 Sawarass Corporate Parkway, Suite 230 (formerlv Suite 300) Sunrise, Fl 33323 The lonashore lake Foundation. Inc. has entered into a lease Aareement with the owner of Terafina PUD (G.t. Homes of Naples Associates II. lid.! for use of the subiect property for the intended sian, subiect to County Commission approval of this application_ Disclosure af interest for G.t. Homes is included herein: g. Date subject property ..."..ired [g] leased Dec. 7, 2006 [g] Term of lease 6 yrs yrs./mos. If, Petitioner has option to buy, indicate the following: NIA Date of option: Date option terminates: . or Anticipated closing date h_ Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public earing, it is the responsibility of the applicant. or agent on his behalf, to submit a supplemental disclosure of interest form_ H:\I 995\1 9950R7\WP'PUD Amendment 06"Terafioa Off-sire sign cv\Resubmillal in Progress\APPLlCATION-PUD Amendmenl L.ongshore Lake Re..'ised 071 220.doc Agenda Item No. 8A April 28. 2009 Page 37 of 85 The proposed request will serve a public purpose by directing the motoring public to Saturnia Falls and thereby reducing unnecessary trips and V-turn movements on Immokalee Road that would result without the proposed directional sign_ In summary five deviations ore requested to Section 5.06.04.C 16 for the off-site premises sign for the convenience of the motoring public. The PUD rezone criteria noted above although in many instances not applicable, do not preclude the placement of the directional sign at the proposed location in longshore lakes. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities hove adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or nol the request is offected by existing deed restrictions. Previous land use petitions on the subied property: To your knowledge, hos a public hearing been held on this property within the lost year? 0 Yes C2J No If so, what was the nature of that hearing? NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned 0 petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases fo supoly necessary information to continue orocessina or otherwise actively pursue the rezonino for a period of six f61 months. An applicotion deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be fe-opened by submiuing 0 new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the project will be subject to the then current code. (lDC Section 10.03.05.0.) H:\1995\1995087\WP\PUD Amendment 06-Terarma Off-sill: sign c\'\Resuhmit131 in Progrcss\A"I'PLIC ATION-PUD Amendmen1 Longshore Lake Revised 07 J nO.doc Agenda Item No. 8A April 28, 2009 Page 38 of 85 STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME. the undersigned Notary Public, personally appeared N. Maria Menendez (the - AffI3Or), to me weft known 10 be the person who made and subscribed the following Affidavil who, upon being firsl by me duly sworn on oath. deposed and said as lonows: 1. Afflant is the Vice President 01 G.L HOMES OF NAPLES II CORPORATION, a F10cida corporation, the sole general partner 01 G.L. HOMES OF NAPLES ASSOCIATES II. LTD., a Florida limiled partnership (the "Partnership") and as such has personal knowledge of the business and affairs of said Partnership and 01 alllacts stated hereunder. 2. The sole general partner 01 the pannership is G.L. HOMES OF NAPlES II CORPORATION, a Florida corporation (the "Corporation"). having an address 01 1600 Sawgrass Corporate Parkway, SU~e 300. Sunrise, Florida 33323. (a) The sole shareholder 01 the Corporation is G.L. HOMES OF FLORIDA HOLDING CORPORATION, a Florida rotporalion ("Florida Holding"). having an address 01 t600 Sawgrass Corporale Parkway. Suite 300. Sunrise. Florida 33323. (b) The sole shareholder 01 Rorida Holding is ItzIlak Ezralti, having an address 01 1600 Sawgrass Corporate Parkway, Suite 300. Sunrise. Florida 33323. 3. The Iim~ed partners 01 the Partnership are: (a) G.L HOMES OF FLORIDA LIMITED CORPORATION, a Florida corporation ("Florida Limited-). having an address of 1600 Sawg-ass (;orporate Pal'kway, Suile 300. Sunrise. Florida 33323: and (b) RESIDENTIAL FUNDING CORPORATION. a Delaware corporalion ("RFC"), having an address 01 8400 Normandale lake Boulevard. Su~e 250, Minneapolis. Minnesota 55437. (al The sole shal'eholder 01 Florida limned is FI()(ida Holding, having an address of 1600 Sawgrass Corporate Parkway, Suile 300. Sunrise. Florida 33323. (i) The sole shareholder 01 FI()(ida Holding is Ilzhak Ezralli. having an address 011600 Sawgrass Corporate Pal'kway, Suite 300, Sunrise. Florida 33323. (b) The sole shareholder of RFC is RESCAP CORPORATION. having an address 01 8400 Normandale Lake Boulevard. Suite 250, Minneapolis. Minnesota 55437. (i) The sole shareholder 01 RESCAP CORPORATION is GENERAL MOTORS ACCEPTANCE CORPORATION. having an address 01 6400 Normandate lake Boulevard, Suile 250. Minneapolis. Minnesota 55437. 4 This Affidavit is made and given in conneclion with thai certain application for a Development CXder Exlension lor the Terafllla PUD by the Partnership. This Affidavit is made under penallies 01 perjury. In addition. Affianl declares that Affiant has examined Ihis Affidavil and to the best 01 Affoanl's knowledge and beliel it is lrue. correct, and complete. Afflant further d<lcfares that Affianl has the authority to execute this Affidavit on l>ehalf 01 the Partnership. 5. Affiant is executing this Affidavit solety in tler capacity as Vice President of the general partner of the general partner 01 the Partnership. and no resort shall be had to any 01 Afflant's personal assets on account hereof_ 6. This affldavil is being given 10 correct an in inadvertent inaccuracy contained in paragraph 3(b) 01 the Affidavit previously delivered to Collie< County in connection with that certain application for a Development Order Extension for the T erafina ~ by the Partnership. a copy 01 which is attached hereto as Exhibit-A". Agenda Item No. 8A April 28, 2009 Page 39 of 85 G.l. HOMES OF NAPLES ASSOCIATES II, LTD., a Florida limiled partnership GL HOMES OF NAPLES II CORPORATlo.N. d Flomj.. f;()f~Or;ll:(l'~ ",s. Gel.ler-,ll Pilrl:\crJ' . . By _____~~~~,,:.~.___~ N\f\.1a1ja f\teoendel.. \ilCe-freSldp.l1t '. . ~ SWORN TO. AND SUBSCRIBED before me lhis~ day of March. 2006. e. If there is 0 CONTRACT FOR PURCHASE, with on in v' Trustee, or a Partnership, list the names of the contract stockholders, beneficiaries, or partners. . s F<I Notary Public, State of Commission No.: Corporation, the officers Name and Address Percentoge of Ownership .N/A .,0 , Anna B. Ernst PeI.:>VlU:lJly IutUwulu IIle, Of Produced identification ~ ~ ,~ \),:;~ E:~;~~'S~~'~;~ "25;.u2~~ ,.. ,. . ..... '_ ~m, ..,= ~,..._-- ~._._- -~---~-------------------- Dote of Co nlrod: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Nome and Addres~ N/A - .._---_.~--_._----_._-,.~._-- ~_.._------_.~.--~--~--- -----'--~.._--_.._.~----- 9. Date subject properfy acquired C3J leased 0 Term of lease 5/5/2003 yrs.frro."c.. Agenda Item No. SA April 2S, 2009 Page 40 of 85 PROPE'Ii:r,v LO~A$!~N^'.. ",..... . . .,,' ~:~!mm ':':kc~;")::-;."j::':1~ Detailed lel!al description of tbe propertv covered bv tbe application: (If space is ioadequate, o"ach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant sholl submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so otthe pre-application meeting. lONGSHORE lAKE UNIT SC TRACT B NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineers certification or sealed survey may be required. Section/Township/Range 20/48 S/26 E lot: Block: Subdivision: Plat Book !Z Page #:90-91 Property 1.0.#: 56110003048 Metes & Bounds Description: (Please see attached leqal description for lonqshore lakes: the locotion where the sian is to be physically located is a much smaller location area comprisinq .05. acres and this folio # is provided in block above and leqal description.) Size of property 5280 fl. x 2640 ft. = Total Sq. Ft. :!:21.000 Sa.Ft. Acres 0.5 :to Size of (entire PUD) property 320.51 Acres Address/general Location of subject property: Generally located west of the northwest corner of Immokalee Rd. and future extension of Loqan Blvd., immediately north of the Cocohatchee Canal and Immokalee Road at the southeast corner of the lonqshore lakes PUD. PUD District (LDC 2.03.06): 1:8;] Residential 0 Community Facilities o Commercial o Industrial ADJACENT ZONING AND LAND USE Zoning land use Residential and Golf N RSF-2 and GC S ~ E !'.UD W!'1!!;! Golden Estates Residential Olde Cvoress Commercial and Residential Residential Does the owner of the subject property own property contiguous to the subject property~ If sOJ give complete legal description of entire contiguous property. (If space is inadequate, attach on separate poge). NO, the Lonqshore lake Foundation, Inc. owns 31 other parcels in the Lonqshore lakes community (all of .he common facilities) but none are specificallv contiquous. exceptinq the lonqshore Way road ROW. H:\1995\1995087\ WP\PUD Amendrnenl 06- Terafina Off-sile sign cv\Resubmittal in PrQgress\;\PPLlCA TION-PUD Amendment Longshore Lake Revised 07 I 220_doc Agenda Item No. 8A April 28, 2009 Page 41 of 85 SectionfT ownship/Range / / lot: Block: Subdivision: Plat Book_ Page #: Property I.D.#: Metes & Bounds Description: REZQNE REQ.UEST . . }~;~~ This application is requesting a rezone from the rUD zoning district(s) to the PUD zoning district{s). Present Use of the Property: same with off-site Dfemise sian Proposed Use (or range of uses) of the property: Original PUD Name: Loncuhore lake PUD Ordinance No~: 93-3 EV ALUATlON CRITERIA Pursuant to Section 10.02. J 3 of the Collier County land Development Code, staff's analysis and recommendation to the Planning Commission. and the Planning Commission's recommendation to tbe Board of County Commissioners sholl be based upon consideration of the applicable c.riteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (lDC Section 1O.02.13.Bl J. The suitability of the area for the type and pa"ern of development proposed in relation to physical charaderistics of the landl surrounding areas, traffic and access, drainage, sewerl water, and other utilities. The area proposed for the placement of a sign 100 feet north of fmmokalee Rood ond the future extension of logan Blvd. is a suitable location for the off.site premises sign to aid the motoring public in identifying fhe location of Saturnio Falls one mile north of the intersection of these two arterials. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are nol to be provided or maintained at public H:\1995\1995087\WP\PUD Amendment 06-Terafina Off-silt sign cv\Resubmillalm Progress\APPLlCATfON-P-UD Amendmenl Longshore Lake Revised 071220,doc Agenda Item No. SA April 2S, 2009 Page 42 of 85 expense. Findings and recommendations of this type shall be mode only aher consultation with the county a"orney. The longshore lake Foundation, Inc. has unified control over the area proposed for the placement of the sign. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management pion. This particular criteria lor the placemenl of the off-site premises sign can be found consistent with policy 5.4 01 the FLUE that requires new development to be compotible and complimentary to the surrounding land uses, subject to meeting compatibility criteria of the lDC, as the proposed location is compatible for a directory sign-setback 100 feet from Immokalee Road and nearby maintenance buildings. 4. The internal and external compatibility of proposed uses, which conditions may include'restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed off-site premises sign as noted obove con be found compatible both internol and external to the proposed development. 5. The adequacy of usable open space areas in existence and os proposed to serve the development. This criteria is not applicoble to the proposed request for the off.site premise sign. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. This criteria is not applicable to the proposed request for the off-site premises sign. 7. The ability of the subject property and of surrounding areas to accommodate expansion. This criteria is not applicable to the proposed request for the off-site premises sign. 8. Conformity with PUD regulations, or os to desirable modifications of such regulations in the particular case, based on determination Ihat such modifications of justified os meeting public purposes to 0 degree at least equivalent to literal application of such regulations. H:\1995\1995087\WP\PUD Amendment 06-Terafma Off-sile sign cv\Rcsubmittal in Progress\APPLlCA Tl0N-PUD Amenomenl Longshore Lake Revised 07 I 220_doc ,.. Agenda Item No. 8A April 28, 2009 Page 43 of 85 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET (i) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403.2400 FAX (239) 643-6968 PRE-APPLICATION MEETING NOTES g'POD Rezone DpUD to PUD Rezone ~UD Amendment Date: ~. \l.I'O' Time: '3:30 Firm:~I- MJ> ..'iE'S- ----- Proiecl Name: \;;::; ~RA-M"/lo- 'OW- S I -n:; "i-l ""..) . Size of Project Site:, acres Applicant Name: 6oe. ~_,.;: , I ' : . j I IIPhone: Owner Name: Phone: 0...-.- Addre..:~.... .,. OO...'!.G.......ooO City State ZIP .,,": ~ Existing PUD Name and Number ! --. / -- .' ..- L..-~,-'1~ ;,rr~~ , -,1~ Assigned Planner G..........._ \JA~...AJa- Meeting Attendees: (affach Sign In Sheet) Submittal requirements (s"" next page checklist): -PkOl .... "",,-1..--- E>~ '("'eYo.e,.....ef'S ~ -,,~r.l.~..\ ''''....+- Creuk ~\....c.e.-\-) t.:..........lr-4 ~ <S (~~!801 S. <' - 1 - f G:ICurrentlNew Pre-Application Fonns 2006\PUD Rezone, PUD Amendment UD to PUD Rezone pre-app 050404.doc PUD AMENDMENT.(PUDA) .. PUD'tE,ZONE (puin) PUD to PUD'REZONE.{PUDZ-A) APpLICATION SUBMJT'rAL CHECKliST Agenda Item No. SA April 2S, 2009 5 THIS COMPLETED CHECKLIST tS TO BE SUBMlnED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS AnACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBlnALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF COPIES REQUIRED NOT REQUIRED ;y. " ;<' ,7 ~ Revised PUD document with chon es crossed thru & underlined Revised PUD document w/omended Title page w/ord #'15, LDC , 0.02.1 3.A.2 fC1lh'li>\'II"'. ~,~,.J~. ,,;;:., DeedS/legal's & Survey (if boundary of original PUD is amended) list identifying Owner & all parties of corporation Owner/Affidavit signed & notarized Covenant of Unified Control Completed Addressing checklist 24 24 2. 2 2, 21 2; 'i, l;: ." . , -") Environmental Impact Statement (EIS) and digital/electronic copy of EIS or exemption justification Historical Surveyor waiver request Utility Provision. Statement w I.ketches Architectural rendering of proposed structures Survey, signed & sealed Trofflc Impact Statement (TIS) or waiver Re<:ent Aerial Photograph (with habitat area. defined) mln scaled 1"=400' Electronic copy of 011 document> in Word format and plans (CDRom or Diskette) If located in RFMU CRural Frtnae Mixed Usel Receivtna land Areas Applicant must contad Mr. Gerry J. Lacavera, Stole of Florida Division of Forestry @ 239-690-3500 for Infonnatlon regarding "Wildfire Mitigation & Prevention Plan", IDe Section 2.03.0B.A.2.a.(b)I.c. .~~, .'i: i 4' 4~ 41 41 4\ 11 4 5 I ; 1 Appficant/ Agent Signature Date - 2- G:\CurrentINew Pre-Application Forms 2006\PUD Rezone. PUD Amendment PUD to PUD Rezone pre.app 050404.doc Agenda Item No. 8A April 28, 2009 Page 45 of 85 Fee" Application Fee: 0$10,000 [PUD Re%one} + $25 per acre (or fraction Ihereof) o $8,000 (PUD to PUD) + $25 per acre (or fraction Ihereof) ~6,000 (PUD Amendment) + $25 per acre (or fraction thereof) o $150.00 Fire Code Review o $2,250.00 Comprehensive Planning Consistency Review ~ $500.00 Pre-application fee (Applications subml"ed 9 month. or more after the date of the last pre-app meeling shall not be credited loward. application fees and a new pr.....pplication meeting will be required. [i;I'" $729,00 legal Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice from Naples Daily News). [g"" $363.00 legal Advertising Fee far BCC meeting o $2500.00 Environmental Impact Statement review fee ~ Property Owner Nollflcation fees. Property Owner Notifications $'.00 Non-certified; $3.00 Certified refum receipf mail (to be paid after recelpf of Invoice from Dept. of Zoning & Development Review) Fee Total $ PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW: Comments should be forwarded to the Planner prior to the due date I SCHOOL DISTRICT ~ i PARKS & REC - Amanda Townsend =1 i SUPERVISOR OF ELECTIONS - IIMMOKALEE WATERISEWERDISTRICT I DRlEM1 - EMER. MGMT - Jim Von Rintein H UTILITIES ENGINEERING - Zamira Deltoro 1_;_~~SO~''''''o' - CO," B_ Ro". Sh.o< I I _ '- ""'~"--'^~ "'"""1 ~--~- ~._ ~~~\..e..e. ~ a,\\,p u..> 0", ~~~ ~~~ ~v .'fleeting Noles ~l.",,_~ ,~~,.....~ .h, _~ - I r .) t \ \. ' ~~<... ?\Jl) I..-\'^~'>W>"'~_\) 2~ .~.~:~~~~ - 3- G:ICurrentlNew Pre-Application Forms 20061PUD Rezone. PUD Amendment PUD to PUD Rezone pre-app 050404.doc Agenda Item No. SA Apnt28, 2009 Fe'" 16 06 11.54. Collier Co. ADDRESSING ytrt:>ffi;J;~'iff!JJ'o/l P1l'1l"Z60f85 02/1~I200S 1~:30 TEL 825420911 H M LAND DEVELOPMENT ~ Y U-- U il001fo03 /~ -;pfl ADDRESSING CHECKLIST 77:7 Please complete the foUowing AND FAX 939-65'-5724) OR SUBMIT IN PERSON TO THE ADDRESSING SECTION. FORM MUST BE SIGNEDlSY ADDRESSING PERSONNEL PRIOR TO PRE- APPUCATION MEE11NG. Not 011 items will apply to every project. Items in bold type are required.. 2. Foil.. (P....perty IV) ...mber(s) of above (attach 10. '>r associate with, legal descriptio" ifmo,.e INvs one) 00 I &3600000 3. StJed address or eddresses (as applicable, if al,.eady assigned) NIA 4. Lc>catiOD map, showing l:X3Ct location ofprojectlsil. in relaUoD 10 nearest publie road riglrt-()f.way (attm:.h) S. Copy of survey (NEEDED ONLY FOR. UNPLATIED PROPERTIES) 6. Proposed project name (if appUcablL) . N/A 7. Proposed Street names (if applicable) N/A &. Site Development PIaD Numbec (FOR EXISTING PROJECTS/SITES ONLY) SOP - 9. Petitio.. Ty~ - (Complete a separate Addressing Cbcclc:list for each Petition Type) o SOP (Site Devdopment Plan) B SOPA (SOP Amendment) SDPI (SDP Insubstantial Change) o SIP (Sil. Improvement Plan) o SIPI (SIPllnsubstaDlial Change) o SNR(StreetName Change) o Vege1alionlExotic (Veg. Removal Pctmits) n Land Use Petition (V"n1lllCC, Conditional Use, Boat Dock Exl., ReZOl>8, POO rezone. etc.) ~ Other. D=:ribe: PUD %~ ;~ 10. Project or development IUIID<lS proposed for, or already appearing in, COIIdomillium doc1lments (if applicable; indicate whether propolCd or existing) t t. Please Check One: l:8l Chec.kliat is 10 be Faxed Beck 0 Persona11y Picked Up 12. ApplicllDt N....e Robert L, Duane. A.I.C.P. Pboae;P9 25+2049 Fu 239254-2099 13. Si8Jl3tUre on Addressing Cbeclclist does not eonslitute Project and/or 8_ Name approval lIOd is SlIlIjec1 to further review by the Addressing Section. B o 8 B PPL (plans & Pial Review) psp (preliminary Snbdivision Plat) FP (Final Plat) LLA (Lot Line Adjl1S1rnent) BL (Blasting Permit) ROW (Right-or.Way Permit) EXP (Excavation Pc:nnit) VRSFP (Veg. Removal & Site Fill Pennit) TOR (Transfer ofOevelopment Rights:' FOR STAFF USE ONLY Prim..,. Numbec -:a,S, (") Address Number ~ (Y1..-6Y.~ c:. - ! Go - 06 <!mU') COO 00 O~ ON 0 ~ Z ~r- , CO "=t , E~ Q) j Q).;:: en ' ::== Q..ro m<!Cl. -0 C <D 01 <! blJ = j ..--- ~...... ~QJ I~ '~ = o ..... ...... ~ U .~ - Q. Q. 1 ~ .. ~ ~ ~ ~ == 00., zl ""'" z ~ "'"" 00. Ii L-J ~ z ;:: \!lHj o:e o u. o -w ... 0( c ~ '" \ w :e 0( z ... u w ., o '" ... ~ Gl 0> Gl 0: - s:: Gl E Q. o a; > Gl o -0 s:: a .... oll Cll s:: Oc o N "- o - s:: II> E 'l: a Q. II> o a - II> g > a s:: o - a U .. '" w Z Z <I: .... lL o w Z ~ VI VI <I: Qj s:: .; o Cll - Gl 0- o u @ a - Gl g > a s:: .- o - a u i 1,-. . C:::. : "C:., r a.:. ,'~ '~ .... "0' .cu. 0:' ;.; en Gl - -0 ~ '0 :E . w 0- N l;:; . 0- It'l 0,() ~ M N ~ O' - II> ..Q E ~ Z II> c: o ..:: lL j[r~ rjr~. ~' m O:j Q .. D' . ...... :;;c ~ w ;0:. .w '/ll;! :E" ::) Z III 'Z Q :Xi A.; ~ ~ ,; e ~ <0 ;; 3l .~ 8 'C l;j w J: fJ) ;!'; z (!) i OJ ~ 'E ~ " y i:i i; i; '2 (!l!" M" , $,,', =:;;~;~~ III :1;:' 'I i" @;e I, WOO: i'ii: eL.:o ~'y~ ::) B: lJetallS Page 1 of 1 Agenda Item No. SA April 28, 2009 Page 48 of S5 Property Record Sketches ~ Parcel No.1156110003048 Current Ownership Property Addressi 4361 LONGSHORE WAY S ~ OWner Name LONGSHORE LAKE FOUNDATION INC Addresses 11399 PHOENIX WAY City NAPLES State FL Zip 34119.8850 Legall LONGSHORE LAKE UNIT 5C TRACT 6 Section Township Ran e Acres 20 48 26 0 Sub No. 471405 LONGSHORE LAKE UNIT 5C .I!I Use Code 0 VACANT RESIDENTIAL Map No. 3620 Strap No. 471405613620 ~ Millaae Area 98 .I!I M!.!!iIlm 11.1362 2008 Preliminary Tax Roll (Subject to Change) Latest Sales History If all Values; shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 100.00 (+) Improved Value $ O.DO (=) Just Value $ 100.00 H SOH Exempt Value $ 0.00 (=) Assessed Value $ 100.DO (_) Homestead and other Exempt Value $ 0.00 (=) Taxable Value I $ 100.00 I SOH == .Save Our Homes" exempt value due to cap on assessment increases. Date 07/1999 07/1999 Book ~ Page 2567 . 968 ~J;S7 ,966 Amount $ 0.00 $0.00 The Information is Updated Weekly. http://www.collierappraiser.comIRecordDetail.asp?Map=N o&FolioID=000005611 0003048 8/20/2008 Agenda Item No. SA April 2S, 2009 Page 49 of S5 FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRS~MENDMENT TO LEASE AGREEMENT (the "Amendmenl") is made and entered into as of this ~ day of Augus~ 2007, between LONGSHORE IJIJ<E FOUNDATION, INC. (the "Landlord"), and G.L. HOMES OF NAPLES ASSOCIATES II, LTD. (the 'Tenant'). Landlord and Tenant are sometimes referred to herein Individually as a 'Party" and collec:tlvely as the "Parties". WITNESSETH: WHEREAS, the Parties are parties tD that certain Lease Agreement having an EffectIVe Date of June 30, 2006 (the "Original Lease"), as modified by that certain Ieller modification dated June 1, 2007 (the "Letter Modification"; the Original Lease, as modified by the Letter Modification, is referred tD herein as the "Lease"), pursuant to which Landlord leased tD Tenant, and Tenant leased frDm Landlord, the Premises; and WHEREAS, the Parties seek tD amend the terms and condllions of the Lease as set forth hereinafter. NOW, THEREFORE, for and in consideration of the payment of rents and other c:l\arges provided for in this Lease, the terms, conditions and other provisions hereinafter set forth, and other gODd and valuable consideration, the receipt and sufficiency Df which are hereby acknowledged, the Parties, intending to be legally bound, do hareby agree as follDws: 1. The foregoing recitals are true and CDrrect and are incorporated herein by this reference. Any capitalized term used, but not defined, in this Amendment shall have the meaning given to such term in the Lease. 2. The first sentence Df Paragraph 2(a) of the Lease is hereby modified to be as follows: (a) Tenant shall, upon obtaining either Df the "Approvals" (as hereinafter defined), pay Rent as follows: 3. All of Paragraph 2(b) of the Lease is hereby deleted in its entirety, and the following is inserted in place theteof: (b) If Tenant ha~ not obtained either of the Approvals as of June 7, 2007, then Tenant shan pay Rent in the amount of_ pet year (said sum being equai to....per month for a 12 month period) until such time as Tenant has 'O'biained one of the Approvals. Tenant shall pay the foregoing Rent to Landlord as follows: (1) the sum Of. shall be due and payable on every June 7; and (2) the sum of shall be due and payable on every December 7, Tenant shall, upon obtaining either of the Approvals, pay Rent to Landlord in accordance with Paragraph 2(a) above and Paragraph 2(c) belDw. 4. AIf of Paragraph 2(c) of the Lease is hereby deleted in its entirety, and the following is inserted in place thereof: (c) Tenant shall, upon obtaining either of tha Approvals, pay Rent to Landlord in accordance with paragraph 2(a) above cDmmenclng on. the date on which such Approval is obtained. If Tenant begins paying Rent to Landlord in accordance with paragraph 2(a) above on a date other than June 7 or December 7, then the next instellment of Rent shall be calculated based on the actual number Df days Rent accrued under Paragraph 2(b) and the actual number Df days Rent accrued under Paragraph 2(a). Page 1 of 3 Agenda Item No. SA April 28, 2009 Page 50 of 85 5. Paragraph 2(d) Is hereby deleted in its entirety. 6, The first 2 sentences of Paragraph 5 of the Lease" are hereby deleted in their entirety, end the fonowing Is Inserted In place thereot Payment of Rent pursuant to Paragraph 2(a) above is contingent on Tenant obtaining a permit from ColDer County, Florida authorizing the . commencement of: Q) construction of the Tenant Improvements on the Premises (such permit, after all appeal, periods to the Issuance of the same having expired and no challenges to the Issuance of the same having been filed, are referred to herein as the 'Tenant Improvement Permit"); or (il) vertical construction of a structure (Le., a guardhouse, model unl~ residential unit, etc.) on the Terafina Property (such permit, after all appeal periods to the issuance of the same having expired and no challenges to the issuance of the same having been filed, is referred to herein as the "Vertical Construction Permit"). The Tenant Improvement Permit and Vertical Construction Pennlt are referred to herein individually as an "Approvar and collectively as the "Approvals". 7. The tenns, conditions and othet provisions of this Amendment are intended to and shall supersede and take precedence over any term, condition or othet ptovision to the contrary contained in the Lease. Except as specifically amended by this Amendment, the' terms, conditions and other provisions of the Lease shall remain unchanged and in full force and effect. B. This Amendment may be executed in muitiple counterparts, each of which individually shall be deemed an original, but when taken together shall be deemed to be one and the same Amendment [slgnatutes follow on next pagel Page 2 of3 Agenda Item No. SA April 28, 2009 Page 51 of 85 EXECUTED BY THE PARTIES, intending to be bound hereby, as of the date first written abO\le. LANDLORD: :NGSHORE ~OUND?N, I~ ~~~~:'~~~~(H TENANT: G.L. HOMES OF' NAPLES ASSOCIATES II, LTD., a Florida limited partnership By: G.L. HOMES OF NAPLES II CORPORATION, a florida corporation, its gene I pa~ r By: Name: Title: Page 3 of 3 :tt.P.i'\-1;1.t-; ~', 'I c;.. " ,~.,. ,.;..~.,.., ....., ::;:. -'. " ~ o::lc-~>, _ 'J-:.., 0&".'.... >; "0 ...., ". .~'(;f :'i!>" i'i1,:",").." :SO.. . BIG CYPRESS BASIN Sourn FLORIDA WATER MANAGEMENT DlSTRICT COpy r,::--;c- . . r 1">' f'-- " 'n: . . I': , . I Ii'. ' AlJG 1\\ ' II, , lllL L_~_H Agenda Item No. SA April 28, 2009 Page.5ik7{ S5 . '" , " " , ' \ ~ ! . i! !: ~ .. 2640 Goldeo Gate Parkway, Suite 205, Naples. FL3410S (239) 263-7615 . Suncom 721-7920 . Fax (239)263-8166 . \""",".....sfwmd,govjbcbj 2007 i I;; r: i i: , !; /, ..- ! __.-1 LAN 08-02 Cocohatchee Canal July 31, 2007 Me Robert L. Duane, AIC.P. Hole-Montes & Associates 950 Encore Way Naples, FL 34110 Subject: Application of a Right of Way Occupancy Permit; Longshote Lake PUD, Collier County Staff has completed its review of the above-referenced Application and has determined that the District has no permitting interest in Longshore Lake Unit 5C, Tract B, Collier County. Therefore, a Right of Way Occupancy Permit will not be required from this District for the installation of a proposed sign to be constructed within the 0.5 acres of platted land, Longshore Lake Unit 5C, Tract B. This letter, however, does not relieve you of the responsibility of obtaining all other required approvals and permits from other state and local entities. Thank you for providing the opportunity to comment on this project. Should you have any questions or require further assistance, please do not hesitate to contact me at (239) 3-7615, x 7601. rely,l ren's. Te rs, r, Director Big Cypress Basin CST/bp Brc CYPRESS BASIN GoVERNING BOARD DIRFx:-T:'k Olarles ,_ DaW3Y, OIAir, Ex offuio - l.u Coun.ty John E Sorey lIt Vice auu,. . NaplLs Alicia E. Abbott - Marco Island Libby Anderson - Napks Lie.sa Priddy, Slcr-rtary - ImmokJ11a Clar('f1'" Jon C Stdiger, Ph.D. - Napks :",./r Agenda Item No. SA April 28, 2009 Page 53 of 85 AFFIDAVIT j I, M.er) Kar Esehheeh, William Bates, the President of Longshore Lake Foundation, Inc., being first duly sworn, depose and soy that the Longshore Lake Foundation, Inc. is the fee owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest infonnation, 011 sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner, we further authorize Hole Montes, Inc., (Robert L Duane, AICP) to act as our/my representative in any matters regarding this Petition. Longshore Lake Foundation, Inc. By: William Bates, President . Signature of Property Owner Longshore Lake Foundation, Inc. Mer/ Ke, E,ehbeeh, PD, William Bates, President of Longhore Lake Foundation, Inc., a non-profit Corporation. Typed or Printed Name of Owner Co.:t I ~....A.N\. ~7J!::.S Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this IOIH day of JF/'fE;tIliEZ 20ji, by .\Aery Key Esehbeeh, William Bates, the Longshore Lake Foundation, Inc. who is personally known to me or has produced as identification. '} (Signature of Notary Public. State 0 Florida) Sff'"A ~ IJ K.. M u.-R.PI/-( (Print, Type, or Stamp Commissioned Name of Notary Public) State of Florida County of Collier BIWlON K.IIURPHY MY COMMISSION t CD 385811 EXPIRES, FibMIl' 5, IlOO; _TllN_1IlliII1liilIIIlllIIl Agenda Item No. SA April 28, 2009 Page 54 of 85 ftLo08shoreLake iI""""'" .:........ :/~"Ji~:-;~:H~:~~~::~'i,;~"":',{-' - '," ' .,,"c'-.',. ~'.'. .c, . ., ....'..~ "_,,n July 3, 2007 Collier County Attn: Dept. of Zoning & Land Development Review 2800 N. Horseshoe Drive Naples, FL 34104 Re: Longshore Lake Foundation, Inc. To Whom It May Concern: When the application for the Longshore Lake POO modification was submitted, Jim Kirk was President, Mary Kay Eschbach was Vice President, Meggan Davis was Treasurer, and Mick Whitehill was Secretary. Longshore Lake held its annual meeting on March 5, 2007. New officers and directors were elected to the Board of Directors. At a special meeting on March 7,2007, Mary Kay Eschbach was elected President, Tom Tedder was elected Vice President, Meggan Davis was elected Treasurer, and Peggy Cabe was elected Secretary. Jim Kirk, Bob Lewan, and Bill Bates were elected Directors. Meggan Davis has since had to resign from the Board, and Bob Lewan was replaced as Treasurer at the April 21, 2007 Board meeting. Attached is a copy of the Longshore Lake Annual Report reflecting the new Board. The consent to process the application remains with the newly elected Board of Directors. J;::~ Tom Tedder Vice President Longshore Lake Foundation PUDA.2007-AR-1I546 REV: 2 LONGSHORE LAKE PUD Project: 19990245 Date: 8/20/07 DUE: 9/17/07 Longshore Lake Foundation. Inc. 11399 Phoenix Way. Naples. Florida 34119-8850 . 239.566.2304' Fax 239.566.7594 I . ;DisGlosut~~~e~1:liftf~..,. . ....'.....__....,.""_....."~..A__~..~,~ ~~,_"""", _~~~. .h" Agenda Item No. 8A April 28, 2009 P.3?},~r 85 a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name ond Address Percentage of Ownership Non-Profit Corporation James S. Kirk. Director Bob Lewan. Treasurer Bill Bales. Director Mary Kay Eschback. President Mick Whitehill. SD Tom Tedder. Vice President Peaoy Co be. Secretary Please see attached letter from Tom Tedder, V.P. reaardina newlY elected Board of Directors, daled July 3. 2007. c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Nome and Address Percentage 01 Ownership H:\1995\l995087\WP\PUD Amendment 06.Terafina Off-site sign cv\Resubmittal in progress- July\APPUCATION-REVISED 072507.doc Page 3 of8 WWW.SunDIZ.org - ueparunem or ",une Page 1 0[2 Agenda Item No. SA April 28, 2009 Pa e 56 of 85 Previous on List Next on List Return To List No Eventa No Name History Detail by Entity Name Florida Profit Corporation G.L. HOMES OF NAPLES II CORPORATION Filing Information Document Number P020OO030560 FEI Number 010711126 Date Filed 03/20/2002 State Fl Status ACTIVE Principal Address 1600 SAWGRASS CORP PKWY STE 230 SUNRISE FL 33323 Changed 05101/2008 Mailing Address 1600 SAWGRASS CORP PKWY STE 230 SUNRISE FL 33323 Changed 05101/2008 Registered Agent Name & Address HELFMAN, ESQ, STEVEN M 1600 SAWGRASS CORP PKWY. STE 230 SUNRISE FL 33323 US Name Changed: 05/0112008 Address Changed: 05/0112008 Officer/Director Detail Name & Address Tille DP EZRATTI,ITZHAK 1600 SAWGRASS CORP PKWY. STE 230 SUNRISE FL 33323 TIlle VP AS FANT, ALAN J 1600 SAWGRASS CORP PKWY, STE 230 SUNRISE FL 33323 Title V NORWALK, RICHARD M 1600 SAWGRASS CORP PKWY, STE 230 http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inCL doc number=P020000305... 8/28/2008 WVVW.;:tWlUIL..VI!:l- UlVPWUUlVUl VI ()La.U;::: SUNRISE FL 33323 Tnle S CORBAN, PAUL 1600 SAWGRASS CORP PKWY, STE 230 SUNRISE FL 33323 TrtleVT MENENDEZ, N. MARIA 1600 SAWGRASS CORP PKWY, STE 230 SUNRISE FL 33323 Title VP ARKIN, RICHARD 1600 SAWGRASS CORP PKWY, STE 230 SUNRISE FL 33323 Annual Reports Report Year Filed Date 2DD6 05/02/2006 20D7 05/01/2007 2D08 05/0112008 Document Images Q-R/9JIZQo,tt,- A}J_i'!lll\.lEJ~P_OBT Q51Qll2~oL:c AI\Li'!1iAlB_El'ORI Q;;/02/2006 ANNUAL REPORI 9_41~oRQQ5_ -= '>'1:!NJJ_6LJ'S_EP,ORT Q5lQ;1@O-t.- ANilllJ>.LRt:EQB.I QQiojf~003 - AN1:!lll\lREEQRI Q3LZQ!;!00~,.-=_Qg_lJ1e..tic;l'xofit C:J ~ Ih)J't 1 fli;jC)t;:1!'I;Jt1r{:L dftY.l ';' -~-~--- ----~._-~_...~~~ Note: This is not official record. See documents if question or conflict. Er~\ljQ.Y~_.9Jlj,j~! ~g.:lC.tQ.!JJ,-.l!;t.t ReJYm.IQ,Li~\ No Events No Name History Home Contact us Document Searches E-Filing Services Forms Help Copyright and Privacy Policies Copyright (l;> 2007 State of Florida, Department of State. rage.!. Of .!. Agenda Item No. SA April 28, 2009 Page 57 of 85 L http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inCl,doc _ number= P020000305... 8/28/2008 .. n .,.~,.....u.v.u:...V:l& - .............pu.lU-1~.....llL V.lIJLa.l.C' - Home Contact Us E..f'i1ing ServIce8 Previous on List Next on List Return To List Ev!!!)j;a No Name History Detail by Entity Name Florida Non Profit Corporation LONGSHORE LAKE FOUNDATION, INC. Filing Information Document Number N23869 FEI Number 650128784 Date Flied 12/14/1987 State FL Status ACTIVE last Event AMENDED AND RESTATED ARTICLES Event Date Filed 04/10/2003 Event Effective Date NONE Principal Address 11399 PHOENIX WAY NAPLES Fl34119 US Changed 02/14/1997 Mailing Address 11399 PHOENIX WAY NAPLES Fl 34119 US Changed 02/14/1997 Registered Agent Name & Address lUPO, ASHLEY D R AND A AGENTS. INC. 850 PARK SHORE DRIVE, THIRD FLOOR NAPLES FL 34103 US Name Changed: 04/1612008 Address Changed: 04/1612008 Officer/Director Detail Name & Address nleTD WOOD, HENRY 11399 PHOENIX WAY NAPLES FL 341 19 TllleVD TEDDER, TOM 11399 PHOENIX WAY NAPLES FL 34119 Tille PD BATES, WILLIAM 11399 PHOENIX WAY NAPLES Fl34119 TllIaSD Page I 01'2 Agenda Item No. SA. April 2S, 2009 Page 5S of 85 Document Se.rches Forms Help http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inCLdoc __ number=N23869&in... 8/28/2008 J'jnl'" j)I"'I"""N'(' Sl"" , .. \ (I .d_ ~ I\.\ _ -,,\l_~ j j' \, ~', D _ '. i, I . \ \ \ Ji' C (J it '(l ,(\ II (J \ , ,)1 .' ' , - __ __ - o. - - !..___.___.____.___.____J WWW.;:';WIUlL...Ulg, - 1.JCpi:1lUllClll VI L)U:1lC KIRK, SALLY 11399 PHOENIX WAY NAPLES Fl34119 Annual Reports Report Year Flied Date 2006 04/25/2006 20D7 04/24/2007 20D8 04/16/2008 Document Images \Millia~ =-bNNUA_LKEEQBT 04/24/2007 ANNU6J.. REPOBI 041<5a006 - I\NNUALBEPOBT O.41jjilPQ.S-",JlNNI,J,6J.. R.Ef'QRT 01~712004 ANNUALREPQEI 04/2<12003 -AN.NlJALBEPQBI 0.4!10/2003. ,'Arnen@~t..mLRe$!eteg 1\.r!i~LeS 05./28/2002 - ANN.L!A.L REPORT. 04QO@Q1-,-ANNUA!..REPORT OS/24@00 - ANNUAL REPQBT P6!04f19J,lL:=.AN..NI,J_A1REf'O!E Q.4!Q;}ill/Jl.6-=-,,-N.N1JALREPORT O~j 41l9.9Z ".!lliN.l.JM.REPQ!H Q4/0~ ANNU_bUlEl'_QBJ. O_41.Q.3!19~>-::-_I\llli.lJb1_BEPQBT ':::'...L;..... '61-.~..\.: _ ~}"~ .. _'. _, ~r' I "_~ enrO.~~-9_n_I,J~~ N!t.~L(;m.-bi!.t Note: This is not official record. See documents if question or conflict. ~1YmJ-9)~.lsJ J;:vents No Name History Home. Contact us Document 5~.!Irches E-Flllng Services Forms Help Copyright and Pr~ac:y Polities Copyright II;) 2007 State of florIda, Department of State. rage L. or L. Agenda Item No. SA April 2S, 2009 Page 59 of 85 http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _ number=N23869&in... 8/28/2008 '"' ,2007 NOT-FOR-PROFIT CORPORATION ANNUAL REPORT DOCUMENT# N23869 ..JO.,tily Name: lONGSHORE LAKE FOUNDATION, INC. Agenda Item No. SA FILED April 28, 2009 Apr 24, 2007 Page 60 of 85 Secretary of State Current Principal Place of Business: New Principal Place of Business: 11399 PHOENIX WAY NAPLES, FL 34119 US Current Mailing Address: New Mailing Address: 11399 PHOENIX WAY NAPLES, FL 34119 US FEI Number: 65-0128784 FEI Number Applied For ( t FEI Number Not Applicable ( I Certificate of Status Desired ( Name and Address of New Registered Agent: Name and Address of Current Registered Agent: F ALK, STEVEN M ROETZEL & ANDRESS 850 PARK SHORE DRIVE, THIRD FLOOR NAPLES, FL 34103 US The above named entity submits this statement for the purpose of changing its registered office or registerea agent, or both, in the State of Florida SIGNATURE: OFFICERS AND DIRECTORS: Electronic Signature of Registered Agent Date Tille" Name. ~"-'."jre5S: St-Zip: Tille: Name: Address: City-St-Zip: Tille: Name: Address' City-St-Zip: Title" Name. Address: City-51-Zip: ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS: TO ( ) Delete DAVIS, MEGGAN 11399 PHOENIX WAY NAPLES, FL 34119 Title: Name: Address: City-St-Zip: TO (X) Change ( ) Addition LEWAN, BOB 11399 PHOENIX WAY NAPLES, Fl 34119 VD (X) Change ( ) Addition TEDDER, TOM 11399 PHOENIX WAY NAPlES,Fl34119 PO (X) Change ( ) Addition ESCHBACH, MARY KAY 11399 PHOENIX WAY NAPLES. Fl 34119 SO (X) Change ( ) Addition CABE,PEGGY 11399 PHOENIX WAY NAPLES, FL 34119 I hereby certify that the information supplied with this filing does not qualify for the exemption stated in Chapter 119, Florida Statutes. I further certify that the information indicated on this report or supplemental report ;s true and accurate and that my electronic signature shall have.the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617, Florida Statutes; and that my name appears -c:-ove, or on an attachment WIth an address, with all other like empowered. vo ( ) Delete ESCHBACH, MARY KAY 11399 PHOENIX WAY NAPLES, Fl 34119 Title: Name: Address; City-SI-Zip: PO ( ) Delete KIRK,JIM 11399 PHOENIX WAY NAPLES, FL 34119 Title: Name; Address: City-St-Zip: so ( ) Delete WHITEHIll, MICK 11399 PHOENIX WAY NAPLES. Fl 34119 Title: Name: Address: City-Sl-Zip- .iNA TURE MARY KAY ESCHBACH Electronic Signature of Signing Officer or Director PO 04/2412007 Date Agenda Item No. SA April 28, 2009 Page 61 of 85 ",Q,Q89QQreLake jit$~~~~:i';':'.. " July 3,2007 Collier County Altn: Dept. of Zoning & Land Development Review 2800 N. Horseshoe Drive Naples, FL 34104 Re: Longshore Lake Foundation, Inc. To Whom It May Concern: When the application fot the Longshore Lake PUD modification was submitted, Jim Kirk was President, Mary Kay Eschbach was Vice President, Meggan Davis was Treasurer, . and Mick Whitehill was Secretary. Longshore Lake held its annual meeting on March 5, 2007. New officers and directors were elected to the Board of Directors. At a special meeting on March 7, 2007, Mary Kay Eschbach was elected President, Tom Tedder was elected Vice President, Meggan Davis was elected Treasurer, and Peggy Cabe was elected Secretary. Jim Kirk, Bob Lewan, and Bill Bates were elected Directors. Meggan Davis has since had to resign from the Board, and Bob Lewan was replaced as Treasurer at the April 21, 2007 Board meeting. Attached is a copy of the Longshore Lake Annual Report reflecting the new Board. The consent to process the application remains with the newly elected Board of Directors. J:~ Tom Tedder Vice President Longshore Lake Foundation Longshore Lake Foundation. Inc 11399 I'hoenix Way. I"aples Flonda 34119.8850 . 239566.2304 . 'ax 2395667':)94 ~",.,~~ i:,.','; 'J>',;.t' .#-~ - ~' ~~i-'~~~~ 1<" . , ,-.,,.....' . ~:11 'I.Fe''''; :'l"t ki~~:\''?'' 1,t' . I;.,::.~,:,'...;I:<",,:, '~' :"", ~..,~~~";M"!$\:'l,; ." - ft.~' " ," '....'t"IC.~ -,< '<1:\:l(/l(.. - ~~:Y " .5 ,.' "!fl1!"~:' .'.' ~ '. ~," ';' :Si' .eC "'~ ...~' '.~~'r'i!:"'1\.' ...... ":~~""".,'~~:"'C'''I' . '/' .:ia.:--1j~'" _1, -:;. ':'"..r-~ ' ".., ..~. ., \,' .. 'II-' ". " .."" " '" ~ :1 'I'; " " "",' .' <~;. ;i 1-';', ~.,::, ~, ' ,',' '.,1., . 'l?"~ ,~~~:. "",,; ", '~j~M!-": .1J:,:<',,- ~:'r"""j" \~t ~" ~ . ..,~'" " "'::"'-, ;., ,~ ,....~" l'~> ,~r ';ffjz''' ~. ',. :~T(i;T ':~1-W w: ":;\ .-.. : , , ~ i , . , , , '7 .. ~ 'oll j . .,,'c...., ;r-!ili1 .. li! ~'~':, ~ .. '.'" '.';1I{ ;;'::: . ."1;';.;-': .:,iM\':. :;~, ,'fAli.' :/(f1" ~i f,il ~1\ .::i~1r_'t 'I"":" '" ,,', l:'~::~':':' UVVI\.'~"'VI - Crtbl; :;tuu (', ~.. Page 1 of I Agenda Item Ntl. 8A April 28, 2009 Page 63 of 85 2500994 OR: 2567 PG: 0966 DCOIDID in omcIIJ. UCllID~ 01 mum coum, n 01/1'/1'" at 01:15'. DIIGIf I. BlOC[, e1Ilt IIC fl. 10.50 DOC'. 10 .11 This imtrwnent prq>ared by and afrer m:ording return [,,, letll: QiJAWS , aWl 4501 fA!IAIl fl I 1300 lAPLIS 11 34103 3011 Leo]. Salvatori. Esq. Qu.artes '" Brady LIP 4501 Tamiami Trail Not1h Suite 300 Naples. Florida 34103 QUIT-CLAIM DEED (Lcngshore Lake, Unit 5C) TillS QUIT-CLAIM DEED. executed this~ day of,J. . 'i' .1999. by LONGSHORE LAKES HOMES, L.P., a Delaware limited partnership, doing business in the State of Florida as LONGSHORE LAKE HOMES, LIMITED PARTNERSHIP. whose address is 4500 Executive Drive, Naples, Florida 34Il9, FIRST PARTY, to LONGSHORE LAKE FOUNDATION, INC., a Florida corporation, and whose address i5 11399 Phoenix Way. Naples, Florida 34119, SECOND PARTY. WITNESSETH, that !hI: said First Party, for and in consideration of the sum of Ten Dollars ($10.00). in hand paid by the said Second Pany, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said Second Party forever, all the right, title, interest, claim and demand which the said First Party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Collier, S13te of Florida, to-wit: Tracts A,B, C, L, and R, Longshore Lake, Unit 5C, according to the plat thereof recorded in Plat Book 32, Pages 32 and 33, of the Public Recotds ofeollier County, Florida TO HAVE AND TO HOLD the same together with all and singular the appunenances thereunto belonging or in anywise appertaining, and all the es13te. right, title, interest. lien, equity and claim whatsoever of the said First Party, either in law or equity, to the only proper use, benefit and behalf of the said Second Party forever. omo.l=o\.14041'O 1 p:/ /www.collierappraiser.com/viewer/Image.asp ?lmageID=27330 6/6/2007 Agenda Item No. 8A ~il~b4f't,t2p09 ~a~e 64 0; 85 r 2500995 OR: 2567 PG: 0968 ueomo 10 OI11tlli mllIDS of CVLl.I11 Cll'lI"It. n O1/tlll," .111:llPl HIm I. 11OCI. run IIC III ID.SI DOC-.ID .11 This Wuum<Dl plqlOn:d by aad .m ra:onIiDc reIlU1I to: 'ell: fQWS , IUDr ISOt TlIIW Tl I flOO IlPLIS n lItOl 3DID Leo 1. su..",ri. Esq. Qlw\<S '" Brody LLP 4~1 Tami=i Tnil Nol1h Suite 300 NapI<s. Florid> 34103 QUlT-CLAIM DEED (Longshore Lake, Unit SC) TIllS QUIT-CLAIM DEED. executed this ~ day of ~ . 1999. by WNGSHORE LAKES JOINT VENTURE. a Florida general partnership. whose eddress is 4500 Executive Drive. Naples. Florida 34119, FIRST PARTY. to WNGSHORE LAKE FOUNDA nON, INC.. a F10rida COtplltation. and whose address is 11399 Phoeoix Way. Naples, Florida 34119. SECOND PARTY. r WITNESSETII. that the said Firsl P3/ty. for and in ronsider3lion of the sum of Ten Dollars ($10.00). in band paid by the said Second Party. the receipt whereof is hereby acknowledged. does hereby remise. release and quil.daim unto the said Second P3/ty forev cr. all the right. title. interest. claim and demand which the said FirSl Patty bas in and 10 the following described lot. piece or parcel of 1Bnd. silU3\e. lying and being in the County of Collier. Slate of FlOt'ida, lo-wit: Tracts A.B. C, L. and R. Longshore Lake, Unil 5C. according 10 rue plat thereof teearded in Pial Book 32. Pages 32 and 33. of the Public Records of Collier County, Florida; resemng unto Fim Party. however. all easc:ments over and across the same. as set forth in the foregoing plat. TO HA VE AND TO HOLD \be same togethet wi\b all and singular the appunenaJlces theteunto belonging 01 in anywise appertaining. and a111he estate. rigbl, title. interest. tien. equil y and c1llim whatsoeVer of the said First P3/ty. either in law or equity. 10 the only propel' u.~e. benefit and behalf of the said Second Pany forever. ~\14"'1'.1 r 12/8/2006 Agenda Item No. SA April 2S, 2009 Page 66 of S5 ;---- LEASE AGREEMENT THIS LEASE AGREEMENT (the "Lease") is made and entered into as of this 50r'- day of June, 2006 (the "Effective Date'), between LONGSHORE LAKE FOUNDATION, INC" a Florida corporation not for profi~ having an address of 11399 Phoenix Way, Naples, Florida, 34119 (the "Landlord"), and G.L. HOMES OF NAPLES ASSOCIATES II, LTD" a Florida limited partnership, having an address of 1600 Sawgrass Corporate ParkWay, Suite 300, Sunrise, Florida 33323 (the "Tenant'). Landlord and Tenant are sometimes referred to herein individually as a "Party' and collectively as the "Parties". WIT N E 5 SET H: WHEREAS, Landlord is the entity responsible for the operation and administration of that certain residential community in Collier County, Florida, commonly known as Longshore Lake (the "Longshore . Lake Community'); and WHEREAS, that certain real property located in Collier County, Florida, more particulapy described on Exhibit 'A' attached hereto and made a part hereof (the "Premises') is located within 1he Longshore Lake Community and is owned by Landlord; and WHEREAS, Tenant is the owner of that certain real property located in Collier County, Florida, commonly known as the Terafina Propertyl Satumia Falls ('Terafina Property")on which Tenant intends to develop a residential community; and WHEREAS, Landlord seeks to iease to Tenant, and Tenant seeks to lease from Landiord, the Premises on the terms, but subject to the conditions, hereinafter set forth. NOW, THEREFORE, for and in consideration of the payment of rents and other charges provided for in this Lease, the terms, conditions and other provisions hereinafter set forih, and other good and valuabie consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, do hereby agree as follows: 1. Premises. Landlord hereby leases to Tenan~ and Tenant hereby leasas from Landlord, the Premises on the terms, but subject to the conditions, hereinafter set forth. 2, Term and Rent Tenant shall have the righ~ unless eartier terminated as provided elsewhete in this Lease, to occupy and remain in possession of the Premises for a 'Term' beginning on December 7, 2006 (the 'Rent Commencement Date") through the date on which is the first to occur (either of the following dates being referred to herein as the 'Expiration Date") between: (a) the date on which Tenant turns control of the residential community over to the homeowners association responsible for operating the Terafina Property; or (b) December 6, 2012. Tenant shall pay Landlord "Renr during the Term as follows: . (a) If Tenant has obtained all of the 'Approvals' (as hereinafter defined) as of the Rent Commencement Date, then Rent shall be paid as follows: (i) For the period beginning on the Rent Commencement Date and ending on December 6, 2009, Rent shall be the sum of ~ , said sum being equal to per month for a 36 month period. Rent for such period shall be due and payable in full on the Rent Commencement Date. (Ii) For the period beginning on December 7, 2009 and ending on December 6,2010, Renl shall be the sum 0_ said sum being equal to per month for a 12 month penod. Rent for such time period Siia1I"be due and payable as follows: (1) the sum of shall be due and payable on December 7, 2009; and (2) the sum of r shall be due and payable on June 7, .^-. 2010. Page 1. of 8 499020 v_02 \ 101203,0001 501326v_01 \ 101203.0001 - Agenda Item No. 8A April 28, 2009 Page 67 of 85 (IIi) For the period beginning on December 7,2010 and ending on December 6, 2011, Rent shall be the sum 0 -: said sum being equal to J per month for a 12 month period. Rent for such time period shall be due and payable as follows: (1) the sum of shall be due and payable on December 7,2010; and (2) the sum o' J shall be due and payable on June 7, 2011. (iv) For the p~iod beginning on December 7, 2011 and ending on December 6, 2012, Rent shall be the sum o' , said sum being equal to per month for a 12 month period. Rent for such time period shall be due and payable as follows: (1) the sum of I shall be due and payable on December 7, 2011; and (2) the sum of"'shall be due and payable on June 7, 2012, (b) If Tenant has obtained one but not both of the Approvals as of the Rent Commencement Date, then Rent shall be paid as follows; (i) For the period beginning on the Rent Commencement Date and ending on December 6, 2007, Rent shall be the sum 0 -, said sum being equal t~er month for a 12 month period, Rent for such time period shall be due and payable as follows: (1) the sum o' shall be due and payabie on the Rent Commencement Date; and (2) the sum ell shall be due and payable on June 7, 2007. (ii) For the period beginning on December 7, 2007 and ending on December 6, 2008, Rent shall be the sum of r said sum being equal to l"er month for a 12 month period. Rent for such time period shall be due and payable as follows; (1) the sum of shall be due and payable on December 7, 2007; and (2) the sum 0 I shall be due and payable on June 7, 2008. (Hi) For the period beginning on December 7, 2008 and ending on December 6, 2009, Rent shall be the sum of I~ said sum being equal to per month for a 12 month period. Rent for such time period shall be due and payable as follows: (1) the sum of - shall be due and payable on December 7, 2008; and (2) the sum 01 - shall be due and payable on June 7, 2009. (Iv) For the period beginning on December 7, 2009 and ending on December 6, 2010, Rent shall be the sum of -; said sum being equal to - per month for a 12 month period. Rent for such time period shall be due and payable as follows: (1) the sum of shall be due and payable on December 7, 2009; and (2) the sum 0 shall be due and payable on June 7, 2010. (v) For the period beginning on December 7, 2010 and ending on December 6, 2011, Rent shall be the sum Of_ said sum being equal to per month for a 12 month period. Rent for such time period shall be due and payable as follows: (1) the sum 0 -~hall be due and payable on December 7,2010; and (2) the sum of T shall be due and payable on June 7, 2011. (vi) For the period beginning on December 7, 2011 and ending on December 6, 2012, Rent shall be the sum of said sum being equal to per month for a 12 month period. Rent for such time period shall be due and payable as follows: (1) the sum of . shall be due and payable on December 7, 2011; and (2) the sum of .hall be due and payable on June 7, 2012. (c) If Tenant has not obtained any of the Approvals as of the Rent Commencement Date, then no Rent shail be due or owing until such time as Tenant obtains one of the Approvals, at which time, Rent shall become due and payable in accordance with paragraph 2(b) above and paragraph 2(d) below commencing on the date on which any such Approval is obtained; provided, however, if the initial payment of Rent becomes due and payable on a date other than December 7 or June 7, then such initial Page 2 of 8 499020 v_02 \ 101203.0001 501326 "_01 \ 101203.0001 Agenda Item No. SA Apnl 28, 2009 Page 68 of S5 payment of Rent shall be prorated for the actual number of days remaining in such Rent payment period. (d) If Rent is being paid under paragraph 2(b) above, and all of the Approvals ate thereafter obtained at any time prior to December 7, 2009, then Tenant shall pay Landlord Rent in an amount equal to - (Rent for the period beginning on the Rent Commencement Date end ending on December 6, 2009) LESS all amounts of Rent paid by Tenant to Landlord under paragraph 2(b) above (such payment to be made within 15 days after the date on which all of the Approvals have been obtained by Tenant) so that Tenant will have paid the amount required by paragraph 2(a)(i) above; and from and after the date on which all of the Approvals have been obtained (whether all such Approvals are obtained before or after December 7, 2009): (i) paragraph 2(b) above shall be deemed deleted from this Lease; and (Ii) Tenant shall pay Landlord Rent in accordance with paragraph 2(a) above, 3. Use of the Premises, Tenant shall use the Premises soleiy for the installation and maintenance of signage, landscaping and associated lighting and irrigation facilities (collectively, the 'Permitted Use') and for no other use or purpo~es whatsoever. 4. Tenant Improvements. (a) Landlord hereby acknowledges that Tenant intends to install certain signage, landscaping and associated lighting and irrlgation facilities within the Premises (all such signage, landscaping, lighting and inigation facilities are referred to herein collectively as the 'Tenant Improvements'). Tenant's right to install the Tenant Improvements within the Premises, however, is subject to Landlord's right to review and approve the design of any such signage, the landscape plan of any such landscaping and the lighting plan of any such lighting (such design and plans are referred to herein as the 'Design and Plans"). In that regard. Tenant shall submit to Landlord the Design and Plans for Landlord's review and approval prior to Tenant's installation of any Tenant Improvement within the Premises, Landlord hereby covenants and agrees: (I) to review and approve/disapprove the Design and Plans within 15 days after Tenant delivers the same to Landlord for Landlord's review and approval; and (i1) not to unreasonably withhold Its approval of the Design and Plans. Upon Landlord's approval of the Design and Plans, Tenant shall have the right to install the Tenant Improvements within the Premises in accordance with: (x) all applicable statutes, rules, regulations, orders and codes; (y) the "Tenant Improvement Approvals" (as hereinafter defined); and (z) the approved Design and Plans, After Tenant has installed any portion of the Tenant Improvements, Tenant shall be obligated to maintain the Premises and such Tenant Improvements, and upon the expiration or earlier terminatipn of this Lease, Tenant shall remove all of the Tenant Improvements from the Premises and restore the Premises to the condition it was in immediately prior to the Rent Commencement Date. All costs and expenses In connection with the Tenant Improvements (including, without limitation, design, engineering, permitting, Installation, maintenance and removal) shall be paid by Tenant. Notwithstanding anything to the contrary contained in this paragraph, Landlord shall have the right to request that all of the Tenant Improvements remain on the Premises upon the expiration or earlier termination of this Lease, and upon such request, Tenant shall leave all of the Tenant Improvements on the Premises and Tenant shall be forever released from the obligation to (i) remove the Tenant improvements from the Premises, (II) maintain the Premises and Tenant Improvements, and (111) restore the Premises to the condition It was in immediately prIor to the Rent Commencement Date; all of the foregoing becoming the sole duty and obligation of the Landlord. (b) Landlord hereby grants Tenant (and its agents, contractors and employees) a right of ingress, egress and access to and from the Premises through the Longshore Lake Community for so long as this Lease remains in effect so Tenant can exercise and perform its rights, duties and obligations under this Lease. Tenant covenants and agrees to promptly restore any physical damage to any real or personal property of Landlord (including, without limitation, the Premises) caused by Tenant (or any of its agents, contractors or employees) during the Installation, maintenance and/or removal of the Tenant Improvements to the condttion such real or personal property was in immediately prior to such damage. If any agent, contractor or employee of Tenant faiis to maintain good discipline and order whiie on the Premises, then Landlord may request that such agent, contractor or employee leave the Premises without prejudice to Landlord under this Lease. Page 3 of 8 499020 v_02 \ 101203.0001 501326 v_01 \ 101203,0001 Agenda Item No. 8A April 28, 2009 Page 69 of 85 (c) If Landlord does not approve the Design and Plans for the Tenant Improvements initially submitted to it by Tenant, then the Parties shall use their good faith efforts to agree upon a mutually acceptable modified Design and Plans, If the Parties are unable to agree upon a mutually acceptable modified Design and Plans for the Tenant Improvements, then either Party shall have the right to terminate this Lease any time thereafter on written notice to the other Party, whereupon, this Lease shall terminate, Landlord shall retum any and all "Prepaid Renr (meaning, all Rent paid by Tenant that covers a period of time subsequent to the date of termination under this paragraph) to Tenant within 60 days after such termination, and upon Tenanfs receipt of such Prepaid Rent, each Party shall then be forever released from any and all duties, responsibililies, obligations and liabilities, each to the other, under this Lease. The Obligation of Landlord to retum "Prepaid Renr under this paragraph does not appiy to Landlord's failure to approve any requested modification to the Tenant Improvements after the Tenant Improvements have been initially Installed in accordance with this Lease. (d) Tenant shall keep the Premises free and clear from all cialms, liens, charges, judgments, liabililies and other encumbrances for labor, services, supplies, materials and/ot equipment performed, purchased or procured, directly or indirectly, by, through, under Ot for Tenant. Tenant shall bond off or satisfy and discharge any claim, lien, charge, judgment, liability and/or other encumbrance filed against the Premises arising from any labor, services, supplies, materiais and/or equipment performed, purchased or procured, directly or Indirectly, by, through, under or for Tenant within 30 days after the same has been made or filed against the Premises, and Tenant shall indemnify, defend and save and hold Landlord and the Premises harmless from and against all fees, costs, expenses and other charges in connection with any suit, proceeding or other action taken in discherging from the Premises any such claim, lien, charge, judgment, liability and/or other encumbrance (Including, without limitation, . bond premiums for transferring any such claim, lien, charge, judgment, liability and/or other encumbrance to bonds together with reasonable attomeys fees and costs through all trial and appellate levels). It is understood and agreed by the Parties that the fees, costs, expenses and other charges referred to above shall be payable by Tenant on demand. (e) After the Installation of the Tenant Improvements: (i) Landlord shall be obligated to pay all bills, invoices and other costs, expenses and charges associated with the cost of irrigating the Premises; and (Ii) Tenant shall be obligated to pay all bills, invoices and other costs, expenses and charges associated with the cost of lighting the Premises. 5. Approvals. This Lease is contingent on Tenant obtaining: (I) all governmental approvals (e.g., variances, modifications, permits, licenses and other authorizations) necessary to Install the Tenant Improvements within the Premises (such government approvals, after all appeal periods to the issuance of the same having expired and no challenges to the issuance of the same having been filed, are referred to herein as the "Tenant Improvement Approvals"); and (ii) a permit from the Army Corp. of Engineers for the deveiopment of the Teraflna Property (such permit, after all appeal periods to the issuance of the same having expired and no challenges to the issuance of the same having been filed, is referred to herein as the "ACOE Permi!"). The Tenant Improvement Approvals and the ACOE Permit are referred to herein collectively as the 'Approvals". Landlord hereby covenants and agrees, from and after the date on which Landlord approves the Design and Plans, to sign and deliver to Tenant within 10 days after request any agreement, document and/or instrument (including, without limitation, petitions, applications, joinders and consents) that requires the signature of Landlord as the owner of the Premises and Is necessary for Tenant to make application for, process and obtain all Tenanllmprovement Approvals. Landlord further covenants and agrees: (y) not to withdraw, hinder, deiay or object to any submission made by Tenant to any governmental authority in connection with any of the Approvais unless requested to so by Tenant in writing; and (z) and support through letters and attendance at public meetings any submission made by Tenant to any govemmental authority In connection with any of the Approvals. Tenant covenants and agrees, from and after the date on whiCh Landlord approves the Design and Plans, to diligently make application for and pursue the issuance of all Tenant Improvement Approvals. If any of the Approvals are denied by any govemmental authority, then Tenant shall have the right to terminate this Lease at any time after such denial on 30 days written notice to Landlord, and upon the expiration of such 30 day period, each Party shall then be forever released from any and all dUlies, responsibilities, obligations and liabilities, each to the other, under this Lease. Page 4 of 8 499020 v_02 \ 10]203.0001 501326 v_OJ \ 101203.0001 Agenda Item No. SA April 28, 2009 Page 70 of S5 6. Default A. It shall be a defau~ under this Lease by Tenant if Tenant fails to perform or comply with any of the terms, conditions, covenants or other provisions of this Lease which are to be performed or kept by Tenant, provided, however, notwithstanding the immediately preceding sentence to the contrary, no defaull by Tenant shall exist under this Lease unless Landlord shall have first provided written notice of the alleged default to Tenant and Tenant shall have failed to commence curative action of the alleged defau~ within 15 days after receipt of such notice and thereafter diligently continues such cure to completion. Upon the occurrence of a default by Tenant under this Lease (and the expiration of any applicable notice and cure period), Landlord's sole remedy for such defau~ shall be to terminate this Lease, re-enter and take possession of the Premises, remove the Tenant Improvements at the sole cost and expense of Tenant, and retain all Rent previously paid by Tenant Except as provided in this paragraph, Landlord shall have no other right or remedy against Tenant for any default by Tenant under this Lease. B. It shall be a default under this Lease by Landlord if Landlord fails to perform or comply with any of the terms, conditions, covenants or other provisions of this Lease which are to be performed or kept by Landlord; provided, however, notwithstanding the immediately preceding sentence to the contrary, n6 defau~ by Landlord shall exist under this Lease unless Tenant shall have first provided written notice of the alleged default to Landlord and Landlord shall have failed to commence curative action of the alleged default within 15 days after receipt of such notice and thereafter diligently continues such cure to completion. Upon the occurrence of a default by Landlord under this Lease (and the expiration of any applicable notice and cure period), Tenant's remedy for such default shall be to: (aa) terminate this Lease and receive the promptly return any and all prepaid Rent prorated from the date of default; andlor (bb) commence an action of specific performance against Landlord to compel Landlord to comply with the terms of this Lease. C. Upon the termination of this Lease by either Party under this paragraph 6 and the payment of any amounts owed, each Party shall then be forever released from any and all duties, responsibil~ies, obligations and liabilities, each to the other, under this Lease. 7. Indemnitv. Tenant shall indemnify, defend and save Landlord (and its directors, officers, members, agents and employees) and the Premises harmiess from and against any and all ciaims, damages, personal injuries andlor deaths, liabilities, fines, liens, encumbrances, penalties, losses, fees, costs and expenses (Including, but not limited to, reasonable attorneys fees and costs through all trial, appellate and post-judgment proceedings) incurred by Landlord arising out of, caused by or in any way resulting from: (a) the installation of the Tenant Improvements by Tenant; (b) the maintenance of the Tenant Improvements by Tenant; and/or (c) the removal of the Tenant Improvements by Tenant. In any and all claims against the Landlord (or any of its directors, officers, members, agents or employees) by any employee of the Tenant, any contractor of Tenant, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited In any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Landlord or any contractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefrt acts. 8. Insurance. The Parties hereby acknowiedge that Tenant shall be hiring one or more contractors to Install the Tenant Improvements. Tenant covenants and agrees to require all contractors who install any of the Tenant Improvements to maintain comprehensive general public liability insurance in an amount not less than_Dollars per occurrence as to damage to property and/or personal injury or death, which insurance shall name Landlord as an lnsured. Tenant shall also require all such contractors maintain worker's compensation insurance as may be required by applicable law. Tenant agrees that no Tenant Improvements shall be installed within the Premises until such time as the aforementloned insurance is in full force end effect 9. Notices. All notices to be given under this Lease shall be in writing and sent to the Parties as hereinafter provided, by hand delivery; certified mail, retum receipt requested, postage Page 50f8 499020 v 02 \ 101203.0001 501326 v_OI ii01203.0001 Agenda Item No. SA April 2S, 2009 Page 71 of S5 prepaid; or by a nationally recognized overnight courier service. Any such notice shall be deemed given upon the earlier of receipt by the addressees if hand delivered (or attempted delivery if refused by the intended recipient thereof), on the third (3"') day following depos~ thereof In the United States mail, or on the next business dey after deposit with a recognized overnight courler service. (a) Notices to Landlord shall be sent to Longshore Lake Foundation, Inc. c/o Tad Monty, General Manager, 11399 Phoenix Way, Naples, Florida, 34119. (b) Notices to Tenant shall be sent to G.L. Homes of Naples Associates /I, Ltd., 1600 Sawgrass Corporate Parkway, Suite 300, Sunrise, Florida 33323; Phone No. (954) 753-1730 and Fax No. (954) 753-4509, Attention: Richard M. Norwalk, Vice President. 10. Miscellaneous, (a) This Lease shall be governed by and enforced and construed under the laws of the State of Florida. Venue for all actions shall be in Collier County, Fiorida. In connection with any litigation arising out of this Lease, the prevailing Party shall recover all fees, costs and expenses Incurred in connection with such litigation (including, without limitation, reasonable attorneys' fees through and including all appellate levels and proceedings) from the non-prevailing party. The provisions of this paragraph 9(a) shall survive the expiration or any earlier termination of this Lease. (b) The section headings in this Lease are intended for convenience only and shall not be taken Into consideration in any construction or interpretation of this Lease or any of its provisions. The Parties agree that this Lease may be executed in multiple counterparts, each of which individually shall be deemed an original, but when taken together shall be deemed to be one and the same Lease. This Lease contains the entire agreement between the Parties, and all prior or contemporaneous agreements, understandings, representations and statements. whether oral or written, are merged herein. This Lease may be amended or modified only by a written Instrument executed by the Party against whom enforcement is sought. This Lease shall Inure to the benefit of and shall be binding upon the Parties and their respective heirs, personal representatives, successors and/or assigns. The waiver of a default by a Party of any term, covenant or condition of this Lease must be in wriiing and signed by the Party waiving such term, covenant or condition, and any waiver given shall not be deemed to be a waiver of any other term, covenant or condition, or a waiver of the same term, covenant or condition on any subsequent occasion, (c) Tenant shall have the tight to assign this Lease to the Terafina Property homeowners association pursuant to an assignment and assumption agreement wherein the homeowners association expressly accepts the assignment of this Lease and agrees to be bound by and to perform in accordance with ail of the terms and provisions of this Agreement (a copy of which wili be delivered to Landlord), and upon such assignment, G.L. Homes of Naples Associates II, Ltd. shall be relieved from anY..and all duties, responsibilities and obligations under this Lease first arising from and after the date e:b assignment and assumption agreement. \ . (d) \ If Landlord intends to lease all or any portion of the Premises at any time after the expirati n of the erm, then Tenant shail have a right of first opportunity to lease the Premises from Landlord on terms d provisions mutually acceptable to both Parties. In that regard, Landlord shall deliver a wri tice to Tenant (the 'Renewal Notice') advising that Landlord intends to lease the Premises. The Parties shall have 30 days after Tenant's receipt of the Renewal Notice to use their good faith efforts to agree upon mutually acceptable terms and provisions. If after good faith efforts the Parties fail to reach mutually acceptabie terms and provisions, then Landlord shall have the right to lease the Premises to any ~ther third person. (e Tenant agrees to pay all of the fees, costs and expense of Landlord's attorney in reviewing a d negoli tlng this Lease within 60 days after the date on which Tenant receives an Invoice for such fees, osts nd expenses from Landiord's attorney. 499020 v_02 \ 101203.0001 501326 v_OJ \ 101203.0001 Page60f8 Agenda Item No. SA April 2S, 2009 Page 72 of S5 (f) Notwithstanding anything to the contrary contained elsewhere In this Lease: (i) Tenant shall have the right to terminate this Lease at any time prior to the Rent Commencement Date if Tenant reasonably believes that either one or both of the Approvals wHl not be Issued by the applicable governmental authorities prior to the Rent Commencement Date. If the Tenant elects to terminate this Lease under this paragraph, then Tenant shall pay Landlord a 'Termination Fee' of and upon payment of the Termination Fee, this Lease shall terminate and each Party shall then be forever released from any and all duties, responsibilities, obligations and liabilities. each to the other, under this Lease. [Ii) The Parties shall have the right to terminate this Lease at any time on or after the Rent Commencement Date if they reasonably believe that either one or both of the Approvals will not be issued by the applicable govemmental authorities within a reasonable period of time after the Rent Commencement Date, If the Parties elect to terminate this Lease under this paragraph, then Tenant shall pay Landlord a "Termination Fee" of .-zwith Landlord retaining all Rent previous paid, if any), and upon payment of the Termination Fee, this Lease shall terminete and each Party shall then be forever released from any and all duties, responsibilities, obligations and liabilities, each to the other, under this Lease. [signatures follow on next page] Page 7 of B 499020 v_02 \ 101203.0001 S0ll26 ,_01 \ 1012030001 Agenda Item No. SA April 2S, 2009 Page 73 of 85 IN WITNESS WHEREOF, the Parties have executed this Lease, intending to be bound hereby, as of the date first written above. Signed, sealed and delivered in the presence of: LANDLORD: LONGSHORE LAKE FOUNDATION, INC. ~e ~~ Te: ~ Print Name: TENANT: ~ It(\ G G.L. HOMES OF NAPLES ASSOCIATES II, ~f~ L TO., a Florida limited partnership By: G.L. HOMES OF NAPLES II CORPORATION, a Florida corporation, its general partner DANA M. oIEl!1S MY COMMISSION #1lO338479 ElIPIRES: Jll. 18, 2008 8ond~ lhl1lugh 1.t StI~ Ins""." ~~1r=..r~ ~ h-b~ Print Name: (lKH1tJUJc-/,AJ itJ~ By: Name: T1~e: &/h0--' R.oI",.J u. ~\"""",.ll;. VP Page 8 of 8 499020 v 02 \ 101203,0001 501326 v_Ot \i 01203.0001 Agenda Item No. SA April 2S, 2009 Page 74 of S5 ORDINANCE NO. 09- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 93-03, THE LONGSHORE LAKE PLANNED UNIT DEVELOPMENT, BY AMENDING THE COVER PAGE; AMENDING THE TABLE OF CONTENTS; AMENDING SECTION 3.2.B.4 TO ALLOW AN OFF-SITE PREMISES SIGN FOR THE TERAFINA PLANNED UNIT DEVELOPMENT TO BE LOCATED IN THE SOUTHEAST CORNER OF THE LONGSHORE LAKE PUD OR AN ON-SITE SIGN; PROVIDING FOR ADDITION OF SECTION 3.2.B.7 TO ALLOW AN EXISTING MAINTENANCE BUILDING TO REMAIN AS AN ALLOWABLE ACCESSORY USE; AMENDING SECTION V, TRAFFIC REQUIREMENTS, OF THE LONGSHORE LAKE PUD DOCUMENT; PROVIDING FOR ADDmON OF EXHIBIT B-1, ARCHITECTURAL/GRADING PLAN; EXHIBIT B-2, LANDSCAPE PLAN AND DETAILS; EXHIBIT B-3, PROJECT SIGN IRRIGATION AND LIGHTING PLAN; EXHIBIT 8-4, IRRIGATION PLAN DETAILS AND NOTES; EXHIBIT B-S, PROJECT SIGN AREA CALCULATION; AND EXHIBIT C, LIST OF DEVIATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 12, 1993, the Board of County Commissioners adopted Ordinance No. 93-03, the Longshore Lake Planned Unit Development. in accordance with the Planned Unit Development document attached thereto (the "PUD Document"); and WHEREAS, Robert L. Duane, of Hole Montes Inc., representing Longshore Lake Foundation, Inc., petitioned the Board of County Commissioners to amend Ordinance No. 93.03, the Longshore Lake Planned Unit Development, and the PUD Document. NOW, TIIEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENTS TO COVER PAGE OF ORDINANCE NO. 93-03, LONGSHORE LAKE PLANNED UNIT DEVELOPMENT The Cover Page of the PUD Document is hereby amended to read as follows: PREPARED BY: VINES AND ASSOCIATES, INC. 715 Tenth St:rcct South Naples, Florida 33940. Words atNsk h8tll8 are deleted; words nntl#l!dined are added. Pase 1 of6 Agenda Item No. 8A April 28, 2009 Page 75 of 85 REVISED BY: HOLE MONTES. INC. 950 Encore Wav Nanles. Florida 34110 SECTION TWO: AMENDMENTS TO TABLE OF CONTENTS PAGE OF ORDINANCE NO. 93-03, THE LONGSHORE LAKE PUD The Table of Contents page of the PUD Document is hereby amended to read as follows: TITLE: This ordinance shall be known and cited as the "Longshore Lake Planned Unit Development Ordinance", TABLE OF CONTENTS Title i Table ofContcnts 1 SECTION I- Property Ownership and Description +1:1 SECTION IT- Project Development SECTION ill- General Development Regulations H:l 9H SECTION N. Environmental Requirements #4-1 SECTION V. Traffic Requirements W.H ~-.:l SECTION VI- Utilities Stipulations SECTION VIT- EngineeringIW aler Management Requirements SECTION Vill- Additional Commitments ~7-1 Exhibits: EXHIBIT A Master Development Plan Bnhillit "A" il9H 30 EXHIBIT B-1 ArchitecturallGTlldinl!: Plan IH EXHIBIT B-2 Landscane Plan and Details B-2 Words .....k lhf...... deleted; words underliDed are added. Page 2 of6 Agenda Item No. SA April 2S, 2009 Page 76 of 85 EXHlBIT B-3 Proiect Sil!1l Irri2ation and LilZhtin2 Plan EXHIBIT B-4 Irri2ation Plan Details and Notes B-3 EXHmIT C List of Deviations JH I!:i C:l EXHIBIT B.S Proiect Sil!1l Area Calculation SECTION THREE: AMENDMENTS TO DEVELOPMENT REGULATIONS SECTION 3.2.8.4 OF ORDINANCE NO. 93-03, THE LONGSHORE LAKE POO Section 3.2.B.4 of the PUD Document is hereby amended to read as follows: 4. Signs as permitted by the Collier County Land Development Code at the time Permits are requested iBe'n~:-1l as eft" lIile 8reBHse aim fef Se.tu:mia PaRs (aka TBMfifia PUl)) Sf ill t:he aklHftate te aUe-].. the eft'site sF-iRe aim te se USIa far LeR2SBefe LalEe iB 11\8 ~.eot the ISM! is t~&&.in.aleEl het\i\ 8M LeRIlM8re Lake aM. &at1lrBia Palls. gee alse BKbiDit '~" aett "C:' inclurlin2 an off-site oremises sil!1l for the Terafina planned Unit Develomnent. The off-site orcmises sil!1l use shall hmninat.. no later than when the Lopan Boulevard Extension between Tmmokalee Road and Bonita Beach Road is constructed and acccoted bv Collier County. In the event the lease dated AulZUSt 30. 2007. between Lon2Shore Lake Foundation. Inc.. and GL Homes of NaDlcs Associates IL Ltd.. as it mav be amended or lNDerceded. tenninates and is no lon2er in effect. then the off-site oremilles sil!1l for Terafina shall be oennitted to convert to an on-site oremises sil!1l for Lon2shore Lake PUD, The oermissible conversion ~hall be limited to modifvin2 the sil!1l face of the sil!1l from Satumia Falls to LoDlzshore T .alce. See also Exhibits "B-1". "B-2". "B.3". ''B-4''. "B-S" and "C." SECI'IONFOUR: AMENDMENT TO DEVELOPMENT REGULATIONS TO ADD SECTION 3.2.8.7 OF ORDINANCE NO. 93-03, THE LONGSHORE LAKE POO Section 3.2.B.7 of the PUD Document is hereby added to read as follows: Words _.k lion. arc deleled; words underlined are added. Pal" 3 of6 Agenda Item No. SA April 2S, 2009 Page 77 of S5 7. Maintenance buildim$ Dresentlv located in the southeast corner of the PUD on Tract B of the subdivision DIaL Plat Book 32. Page 33. Shcct 2 of2. are a Dcnnitted accessory use to provide maintenance of the residential areas in the Lonl!Shore Lake PUD. The existing or reolacement structures of a similar size and location shaH be deemed consistent with aU other Drovisions of this ordinance. SECTION FIVE: AMENDMENTS TO SECTION V, TRAFFIC REQUIREMENTS, OF ORDINANCE NO. 93-03, THE LONGSHORE LAKE PUD Section V of the PUD Document is hereby amended to read as foHows: SECTION V TRAFFIC REQUIREMENTS 5.1 PURPOSE The purpose of this section is to set forth the traffic improvement requirements which the project developer must undertake as an integral part of the project development. 5.2. STIPULATIONS J. The security gate at the main entrance shall be designed and located so as not to cause entering traffic to back up onto Valewood Drive. A separate north bound right turn lane shall be provided on Valewood Drive. 2. At the time that the intersection of CR 846 and Valewood Drive meets the warranted requirements for a signal system, the developer shall, at his option, design/install a traffic signal acceptable to the county and state, if CR 846 is a state road at the time of meeting the signal warrants, or make payment to the county upon receipt of invoice the amount of $27,500 (55% of the estimated signal cost of $50,(00) which would allow the county to proceed with signal design and installation. Alternatively, if at the time the traffic signal is warranted, there is an applicable county ordinance which determines the fair share contribution toward the cost of the signal, the ordinance requirements mav be met in lieu of the above noted oPtions. The develoDer's obli2lltion toward traffic sil!11al imDrovement will be considered an imDrovement subiect to subdivision securitv. Words .lPYolllhr...gh are dele1cd; words underlined are odded. Page 4 of6 Agenda Item No. SA April 28, 2009 Page 7S of S5 3. If lIDProved bv the LonlZshore Lake Homeowners Association. either direct or emerl!encv access shall be orovided from the Lonl!Shore Lake PUD to the LolZaIl Blvd. Ext. at the time that Lol!8D Blvd. roadway imorovements are accented bv the CounlY as a public roadwaY. This detennination will be left uo to the LonlZShore Lake Homeowner's Association as to the Me of access to be Drovided. SECTION SIX: ADDITION OF EXHIBIT B-1 ARCHlTECTURAUGRADING PLAN; EXHIBIT B-2, LANDSCAPE PLAN AND DETAILS; EXHIBIT B-3, PROJECT SIGN IRRIGATION AND LIGHTING PLAN; EXHmIT 8-4, IRRIGATION PLAN DETAILS AND NOTES; EXHIBIT B-5, PROJECT SIGN AREA CALCULATION, TO ORDINANCE NO. 93-03, THE LONGSHORE LAKE POD Exhibit B.l, Architectural/Grading Plan; Exhibit B-2, Landscape Plan and Details; Exhibit B-3, Project Sign Irrigation and Lighting Plan; and Exhibit B-4, Irrigation Plan Details and Notes; and Exhibit B.S, Project Sign Area Calculation, attached hereto and incorporated herein, are bereby added to the PUD Document. SECTION SEVEN: ADDITION OF EXHIBIT C, LIST OF DEVIATIONS, TO ORDINANCE NO. 93-03, THE LONGSHORE LAKE PUD Exhibit C, List of Deviations, attacbed hereto and incorporated herein, is hereby added to the PUD Document. SECTION EIGHT: EFFECTIVE DATE 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 Commissionerll of Collier County, Florida, this day of ,2009. ArrEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, Chainnan , Deputy Clerk Word. .....lE lIH. are deleted. words underlined are added. Page 5 of6 Approved as to fonn and legal sufficiency: Heidi Ashton-Cicko Assistant County Attorney Attachments: EXHIBIT B.I EXHIBIT B-2 EXHIBIT B-3 EXHIBIT B-4 EXHIBIT B-5 EXHIBIT C ePl07 -CPS-0077S\4S Rev. 3/23/09 Agenda Item No. SA April 28, 2009 Page 79 of S5 ~o'" \1,,1-, .~\ (tV o Architectural/Grading Plan Landscape Plan and Details Project Sign Irrigation and Lighting Plan Irrigation Plan Details and Notes Project Sign Area Calculation List of Deviations Words Itruek threltf;k are deleted; words underlinM arc added. Page 6 of6 " 'CD ~ i " ! i ! ~i ):-u::l : z~"- I ~~m , >~~ ' ~ r I .,,~~ : ):~"11 I Z ~ l I , \--w-. I ~ : ~ r...r ~ ~ i ; ~ Ii \ '\\. \ \,\ \"\ \" \\, ;;~'~ "\ ~~~" "" 8J!~ "', ~~, " .....:lI "'" ~~; "'" a! '......ij~ i1\!, \/'::<'-'" fi:::; , ~~ . , ~ " SEe ION LINE ~C:~ / 'U....'U 'U1Il'U / ( ~~~ .~~ ;~ .. ;0 ~~ f !~ ~l ~: -<" ~ '- lD i ; ~ ~ ~ ~ ~~ ~~ Agenda Item No. SA " :II o .. o III m e III ii z --- 0- 1 1. -- 0 0 l> z ~o l> :III"' r me IIlm III . :II 0 l> . e N BL YD. EXTENSION 0. r 0 ~ I ----:>I I" "I : :< : I" "I ~ { r.- I" "I I " I /f., I' , r;;----:'I I" "I >< : I" "1 ~ - ~ ~ 1 .......cs........on_. r-mLHWil1~~,'q!"!~-ill~!-ill..jir----~~~.i;_._--- ',.l I I ~Il .(. by"ll.LHomes .. i f I CaI.... 0cII0Itr. PIol!'Ida . 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EXHIBIT ~ @ All ~ @ THREE.GTR @l HALF .. @ """"'" r- ?t i ,..l! ~ 'I ::r CJQ ij; '" ~ -< ::J li~!~ ~ I ~ :I: Cl.. i! m l> ~ 0 ~~~u ~ a ~ <P ~ ~ i .. ~ < ~ ~ ~ ~ !'l ili ~ ift iii I; ~ " ~ ~ Ii: F is ,. . ~ i ~ Il rn .. ~ ".11.= J II~i 1_"1 ~ 1.:4'~ ~ N 111: I.- -, .q ~ crc;' '" ~ Q ::l ~ l, , P. o (!) 2. ~ GLHOME5 LANDSCAPE ARCHITECTURE '-"""':..-="'..::"'..... l;\Nchi_ 1.3.111662 po hJ1:hi-.n'S"""",ia I'.lls Sf (T....61U1)\SIlW11;. FoUllmokalle. Road Rm>OIe ptujlllCt ..I"...... 0324-09.d"'J. 312412000 10:\7,10 AM. lSonlltflberl:. Aaenda Item No. 8A Apn128,2 9 Page 84 of 5 ~ m n > . e'-o' n" ~8 ,,'-,,' ~~ o l>-l P -'r: c/O D - m cO ~ :-Jm:J zL , ~ l> ~m "- -IX on I:- -I m3 20' c m3 (j) '0' X -Il' Il'_ -I" :ZZ "I: l>'!! ",,, m -II: m-l l> :l'<I' l>I: n rl> l> ",r Or r l>'" n ::j ~ , Om C '" Lo> , r , l>. l> "- ': ~ -<"- -I " 0 '" l> Z 0 m ~ l,'-o-J , . ~~ ~ o r-oCl~ll~j,W il~--~~ii.;:----~~_.C- N , l!Jt!j :II ColII.r County, FI~ __a..-_ I EXHIBIT EJ..S Agenda Item No. SA April 2S, 2009 Page 85 of S5 EXHIBIT "C" List of Deviations For an Off-Site Premises Si2D: 1. Deviation # I seeks relief from Section 5.06.04 C.16,a. of the Land Development Code (LDC). which requires placement of signs in non-residentially zoned areas. to allow an off-site premises sign as depicted in Exhibits "B-1". "B.2". "B.3". "B-4" and "B-5" of this PUD. in the residentially zoned property known as the Terafina PUD. located in Section 16. Township 48 South. Range 26 East. 2. Deviation # 2 seeks relief from Section 5.06.04 C.16.bj, of the LDC. which requires a maximum total area of 12 square feet for a silpl. to allow UP to 53 square feet of sign area. as depicted in Exhibits "B-1". "B-2". "B-3". "B-4" and "B-5". 3. Deviation # 4 seeks relief from Section 5.06.04 C.16.b.v, of the LDC. which requires the off- site premises sign to be located within 1.000 feet of the intersection of the arterial roadway serving the proposed use. The Terafma PUD is located approximately one mile from Immokalee Road. the arterial roadway that would serve Terafina's uses. and the proposed location for the sign. This distance between Terafina and the arterial roadway creates the need for the sign location. 4. Deviation # 5 seeks relief from Section 5.06.04 C.16.c. of the LDC. which requires the off. site premises sign to be located at least 50 feet from a residentially zoned district. The subiect property for the off-premises directional sign is residentially zoned. Longshore Lake PUD. Rev. 3-23-09