Backup Documents 12/01/2009 Item # 8B
8a
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the followina: as a:
xxx Normal Legal Advertisement Other:
(Display Adv., location, etc_)
.-...........*--,..-............,.....-----....--.---..........-.-.-----......---..--.---....-.---...
Originating Oeptl Div: CDES.lZonine: Person John-David Moss, AlCP Datt:
Petltton No (If none, gIve brief descnptlOn) PUDA-2008-AR- I 4090, Oak Grove PlID ~
Pditioner: (Name & Address): Robert I.. Duane, Alep, Hole Munles, 950 Encnre Way, Napb, FL 34109 '1 \ l ~\ t\
Name & Address of any pcrson(s) to be notified by Clerk's Office: (If more space IS needed, attach separate s~eet) Richard
Yovanovich, P.^" Goodlette, Coleman, and Johnson, 4001 Tamiami Trail, Suite 300, Naples, FL 34103; LCS Development
LLC, 400 Locust St., Suite 820, Des Moines, IA 50309
Hearing before Bee
BlA
Other
Requested Hearing date:
Sentember IS. 2009
Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: PUDA.2008-AR-14090. LCS.Westminster
Naples LLC, represented by Robert Duane, AICP, of Hole Montes, Inc. and Richard D. Yovanovich, Esq., of Goodlette,
Coleman, Johnson, Yovanovich and Koester, is requesting an amendment to the Oak Grove PlIO (Ordinance No. 98-71) to
delete approximately 6.13 acres. The subject property is located in Section 1, Township 49 South, Range 25 East, Collier
County, Florida (Companion item to PUDZ-2008-AR-14091 and PUDA-2008-AR-14(92).
Companion petition(s), if any & proposed hearing date'
Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged tor advertising costs:
PO Number: 4500096189 for Account Number: 068779
Reviewed by:
~'7h.~
I1i'Vision Administrator or Designee
'1,1/1 / () 1
Date '
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval
before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal
review, or request for same, is submitted to County Attorney before submitting to County Manager. The
Manager's office will distribute copies:
County Manager agenda file: to
Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to appro....e and submit original to Clerk's Office, retaining a copy for file.
.....................................................................................................
FOR CLERK'S OFFICE USE ONLY:
Date Received: .:
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Date of Public hearing: '!;
...", j Dale Advertised: ~_~___
Ann P. Jennejohn
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To:
Subject:
MossJohndavid
RE: LCS-Westminster (Siena Lakes et al.) new dates
From: MossJohndavid [mailto:JohndavidMoss@colliergov.net]
Sent: Monday, October 05, 2009 1:21 PM
To: Ann P. Jennejohn
Subject: RE: LCS-Westminster (Siena Lakes et al.) new dates
Ann)
Thanks for following up, Nothing is going to be changing on this that would affect the advertising, so we are ok...you can
use the same ones.
Thanks a loti
JD
From: Ann p, Jennejohn [mailto:AnnJennejohn@collierclerk.com]
Sent: Monday, October 05, 2009 11:38 AM
To: MossJohndavid
Subject: RE: LCS-Westminster (Siena Lakes et al.) new dates
Good Morning John David,
Wanted to check with you to see if we will be getting a new ad request with these petitions; or should we
just use all the information from what was previously submitted?
No emergency, but November will be here before you know it!
Thanks John David,
Ann
Clerk to the Board
Minutes and Records Department
239-252-8406
Fax; 239-252-8408
ann. ienne iohn@colliercierk.com
From: MossJohndavid [mailto:JohndavidMoss@colliergov.net]
Sent: Monday, October 05, 20099:32 AM
To: Ashton, Heidi; Bellows, Ray; Bonham, Gail; Brock, Mary; Filson, Sue; IstenesSusan; Klatzkow, Jeff; LeaSandra;
Minutes and Records; Puig, Judy; RamirezHeather; WilliamsSteven; WrightJeff
Subject: LCS-Westminster (Siena Lakes et al.) new dates
Importance: High
1
Please be advised that these companion items, Oak Grove PUD (14090), Siena lakes CPUD (1408 Bd
Orange Blossom Gardens PUD (14092) are being continued from the 10/13 BCC date to the 12/1 date.
Thanks,
John-David Moss, AICP
Principal PlannerlUrban Design Planner
Zoning & Land Development Review
Community Development & Environmental Services
2800 N. Horseshoe Drive, Naples, FL 34104
tel. 239.252.4237
fax 239.252.6968
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public
records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
2
8 B 'll
Patricia L. Morgan
Subject:
MossJohndavid [Joh ndavidMoss@colliergov.net]
Monday, October 05,20099:32 AM
Ashton, Heidi; Bellows, Ray; Bonham, Gail; Brock, Mary; Filson, Sue; IstenesSusan; Klatzkow,
Jeff; LeaSandra; Minutes and Records; Puig, Judy; RamirezHeather; WilliamsSteven;
WrightJeff
LCS-Westminster (Siena Lakes et al.) new dates
From:
Sent:
To:
Importance:
High
Please be advised that these companion items, Oak Grove PUD (14090), Siena lakes epUD (14091) and
Orange Blossom Gardens PUD (14092) are being continued from the 10/13 Bee date to the 12/1 date.
Thanks,
John-David Moss, AICP
Principal PlannerlUrban Design Planner
Zoning & Land Development Review
Community Development & Environmental Services
2800 N. Horseshoe Drive, Naples, FL 34104
tel. 239.252.4237
fax 239.252.6968
Teresa L. Polaski
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From:
Sent:
To:
Subject:
Attachments:
RamirezHeather [HeatherRamirez@colliergov.net]
Wednesday, August 12, 200911 :19 AM
Minutes and Records
PUDA-2008-AR-14090 Legal Ad
PUDA-2008-AR-14090 Legal Ad.pdf
<<PUDA-2008-AR-14090 Legal Ad.pdf>>
Here is 2 of 6 ads. Please let me know the latest that you need the Ordinances. I have 4 of the 6 that are still
waiting on them.
Heather L. Ramirez
~
Planning Technician
Zoning & 1.and Development Review
2800 N. Horseshoe [)ri ve
Naples. FL 34104
(239)252-2930
The Department of Zoning & Land Development Review will he closed on Fridays until furthur notice. All
email messages will be answered in the order they are recieved on Monday morning.
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ORDINANCE NO, 09-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE
NUMBER 98-71, OAK GROVE, A PLANNED UNIT DEVELOPMENT
(PUD), PROVIDING FOR AMENDMENT TO EXHffiIT A, THE PUD
DOCUMENT, TO REMOVE 6.13 ACRES FROM THE PUD;
PROVIDING FOR AMENDMENTS TO ADD MAP OF EXISTING
CONDITIONS; PROVIDING FOR AMENDMENTS TO THE LEGAL
DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on September 8, 1998, The Board of County Commissioners approved
Ordinance Number 98-71, which established Oak Grove, a Planned Unit Development (PUD)
zoning classification; and
WHEREAS, LCS- Westminster Naples LLC, represented by Robert L. Duane, of Hole
Montes, Inc., and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A.,
petitioned the Board of County Commissioners to amend the Oak Grove pun.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION I: AMENDMENTS TO EXHffiIT A, THE pun DOCUMENT, OF ORDINANCE
NUMBER 98-71, THE OAK GROVE pun
Exhibit A, the Development Plan document (hereafter "Development Plan"), to Ordinance
Number 98-71 is hereby amended and superseded by Exhibit A attached hereto.
SECTION II: ADD EXHffiIT A-I, MAP OF EXISTING CONDITIONS
Exhibit A-I, Map of Existing Conditions, is hereby added to the Development Plan and attached
hereto and incorporated by reference herein.
SECTION III: AMENDMENTS TO THE LEGAL DESCRIPTION
The Legal Description, Exhibit B of the Developrnent Plan, is hereby replaced with a new Legal
Description, attached hereto and incorporated by reference herein.
PUDA-2008-AR-14090
REV. 7/30/09
Page 1 of2
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SECTION IV: EFFECTIVE DATE
This Ordinance shall becorne effective upon filing with the Department of State,
PASSED AND DULY ADOPTED by super-majority vote by the Board of County
Commissioners of Collier County, Florida, this day of , 2009.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk
DONNA FIALA, Chairman
Approved as to form and legal
sufficiency:
DRAFT
Heidi Ashton-Cicko
Section Chief, Land Use/Transportation
CPI09-CPS-00921 \21
PUDA-2008-AR-14090
REV. 7/30/09
Page 2 00
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OAK GROVE
A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
EXHIBIT A
Prepared by:
HOLE, MONTES AND ASSOCIATES, INC.
715 Tenth Street South
Naples, Florida 34102
August, 1998
HMA File No. 98.25
REVISED MAY 2009
BY:
HOLE MONTES. INC.
950 ENCORE WAY
NAPLES, FL 3411 0
HM FILE No. 2007.115
And
Goodlette. Coleman. Johnson. Yovanovich & Koester. P.A.
4001 Tamiami Trail North. Suite 300
Naoles. Florida 34103
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TABLE OF CONTENTS
Page
SECTION I - Statement of Compliance.... ........"............... .........,........ ............+ I-I
SECTION II - Property Ownership, Legal Description and Short Title .. ...................~ II-I
SECTION III - Statement of Intent and Project Description..... ..................... ........4 III-I
SECTION IV - General Development Regulations........... ...... ......... ...................~ IV-I
SECTION V - Permitted Uses and Dimensional Standards....... .... ...... ...... .............9-V-I
SECTION VI - Environmental Standards....... ........................ ,..................... ...H-VI-I
SECTION VII - Transportation Requirements .."........ ..............................................-l-4-VII-I
SECTION VIII - Utility and Engineering Requirements.....", "................................M-VIII-I
SECTION IX - Water Management Requirements . ,.................................................lS IX-I
EXHIBITS
Exhibit A - Pun Master Plan
Exhibit A-I - Oak Grove Existing Conditions (added as part of 9/15/09 Pun amendment to
reflect as-built conditions on the site)
Exhibit B - Legal Description
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SECTION I
Statement of Compliance
The development of approximately 137.43.u!d acres of property in Collier COWlty, as a
Planned Unit Development, to be known as Oak Grove, will be in compliance with the goals,
objectives and policies of Collier COWlty as set forth in the Growth Managernent Plan. The
residential and recreational facilities of Oak Grove will be consistent with growth policies, land
development regulations, and applicable comprehensive planning objectives of each of the
elements of the Growth Management Plan for the following reasons:
I. The subject property is within the Urban Mixed Use Residential Land Use Designation as
identified on the Future Land Use Map as required in OIljeeli"/e I, Paliey 5.1ll11d S.3 of
the Future Land Use Element.
2. The Urban Mixed Use Residential designation is intended to provide locations for the
development of higher densities and intensities ofland use and permits up to four (4)
dwelling units per acre. Therefore, the proposed fh<e ilImlifed and fifty (5S9) five
hWldred and twenty-five (525) dwelling Wlits are consistent with the Collier COWlty
Growth Management Plan, based on (B7.H) (131.3) acres x four (4) dwelling units per
acre.
3.
The subject property's location in relation to the existing or proposed commWlity
facilities and services permits the development's residential density as required in
Objeotive 2 afthe Future Land Use Element.
4. The project development is compatible and complementary to existing and future
surrounding land uses as required in Palier 5.1 afthe Future Land Use Element.
5.
hnprovements are planned to be in compliance with applicable land development
regulations as set forth in OIljeethe J afthe Future Land Use Element.
6.
The project development will result in an efficient and economical extension of
community facilities and services as required in Palieies 3.IH BIle L oflbe Future Land
Use Element.
7.
The project development is planned to incorporate natural systems for water management
in accordance with their natural functions and capabilities as may be required in
forthcoming regulations required by Objeelive 1.5 of the Drainage Sub-Element of the
Public Facilities Element.
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8. Provisions have been included within the PUD Document to provide two means of
ingress and egress from Orange Blossom Drive and Livingston Road to the project. The
proposed extension of these roadways will assure adequate traffic circulation and non-
substantial impacts to the existing and proposed traffic network of the area.
9. AIl final Development Orders for this project are subject to the Collier County
Concurrency Management System, as implemented by the Adequate Public Facilities
Ordinance.
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SECTION II
Property Legal Description and Short Title
ProDertv Ownershiv
Following the aDDTOval of this rezoning reQuest. +fte the subject property is C\lHeftll>/
liRt.4er a eenkaet fer sale te ~far:l( Rates at the time sf this rezaniag reij1:lBst. will be
comprised of the owners of the 524 dwelling units that have been built in the Oak Grove
PUD and one dwelling unit that remains to be built.
2.2 Legal Description
2.3
Being a part of Section 1, Township 49 South, Range 25 East, Collier County, Florida,
and, more particularly, described in Exhibit "B".
General Description ofPropertv
The property is located approximately one-half mile east of Airport Road and one and
one-half miles north of Pine Ridge Road along the ]lfejlesell extension of Livingston
Road. The zoning of the subject property prior to the application of zoning is Rtifal
t.grieldhwe (t.) the Oak Grove PUD.
Physical Description
The drainage plan for the Oak Grove PUD will consist of five (5) drainage basins and
five lakes. Lake 1, the largest of the new lakes, will incorporate the existing 1.96 acre
lake immediately adjacent to the existing wetland lake. It will serve as the most
downstream lake with Water Control Structure 4 serving as the outfall for the entire
project. Control Structure 4 will discharge into Canal D-2, which is the storm water
receiving body under pre-developed conditions. Existing site elevations vary from 11.5
to 12.5 NGVD. Soil types on site are: (3) molsbar fine sand, (16) oldsmar fme sand,
(25) Boca Riviera, Limestone Sub-Stratum and Copeland Fine Sand Depression and (25)
Holopaw Fine Sand. The property is located in Flood Zone X.
Short Title
This ordinance shall be known and cited as the "Oak Grove Planned Unit Development
Ordinance",
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SECTION III
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Statement of Intent and Project Description
3.1
Introduction
It is the intent of this ordinance to establish a Planned Unit Development meeting the
requirements as set forth in the Collier County Land Development Code (LDC) that will
permit lhe kWlllred anll fifty (SSG) five hundred and twentv-five (525) dwelling units for
the subject property. The purpose of this document is to set forth guidelines for the future
development of the project that meet accepted planning principles and practices, and to
implement the Collier County Growth Management Plan.
3.2 Proiect Description
The project is comprised of 137,13 llli acres located within the northern half of Section
1, Township 49 South, Range 25 East, approximately one-half mile east of Airport Road
and one and one-half miles north of Pine Ridge Road.
Access to Oak Grove is provided from both Orange Blossom Drive, presently a sixty (60)
foot right-of-way, running west to a median opening at Airport Road that is proposed to be
extended through the subject property and the adjacent property to the south to intersect
with Livingston Road. Access is also proposed from Livingston Road, running south to
its intersection with Pine Ridge Road for which the project will dedicate 275 feet of
R.O, W. or ~ 13.29 acres. The project will provide for a range of housing types, including
single family and multi-family development at four (4) dwelling units per acre.
3.3 Land Use Plan and Proiect Phasing
A. The PUD Master Plan contains a total of six (6) tracts consisting of development
areas and three (3) tracts one development area that provides for single family,
duplex, multi.family and clubhouse recreational areas consisting of wetlands,
open spaces, lakes, and street right-of-way. The Master Plan is designed to be
flexible with regard to the placement of buildings, tracts and related utilities and
water management facilities. More specific commitments will be made at the
time of site development plan and permitting approval, based on compliance with
all applicable requirements of this ordinance, the LDC and Local, State and
Federal permitting requirements. All tracts may be combined or developed
separately subject to compliance with the applicable dimensional requirements
contained within this document.
B. The antiei)latell ame sfbllilElllllt sf ilia )lrejeet is appnudmataly five (S) yeafll
fr-em lIIe tima sf issll8l1ce sf the filst illliiEliag )leffllit. The proiect is essentiallv
built out at the time ofthis application for a rezoninl1: request.
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SECTION IV
General Development Regulations
The purpose of this Section is to set forth the development regulations that may be applied
generally to the development ofthe Oak Grove Planned Unit Development and Master Plan,
4.1 General
The following are general provisions applicable to the PUD Master Plan.
A.
Regulations for development of the Oak Grove PUD shall be in accordance with
the contents of this document, the PUD-Planned Unit Development District and
other applicable sections and parts ofthe Collier County Land Development Code
(LDC) and Growth Management Plan in effect at the time of issuance of any
development order to which said regulations relate which authorizes the
construction of improvements, The developer, his successor or assignee, agree to
follow the PUD Master Plan and the regulations of this PUD as adopted and any
other conditions or modifications as may be agreed to in the rezoning of the
property. In addition, any successor in title or assignee is subject to the
commitments within this agreement.
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B.
Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the LDC in effect at the time of building permit
application.
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C. All conditions imposed and all graphic material presented depicting restrictions
for the development of the Oak Grove PUD shall become part of the regulations
which govern the manner in which this site may be developed.
D. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions on);.}. 3.15 Adequate Public Facilities
of the LDC at the earliest or next to occur of either final SDP approval, final plat
approval, or building permit issuance applicable to this development.
E. Unless specifically waived through any variance or waiver provisions from any
other applicable regulations, the provisions of those regulations not otherwise
provided for in this PUD remain in full force and effect.
4.2 Site Clearing and Drainage
Clearing, grading, earthwork, and site drainage work shall be performed in accordance
with the Collier County LDC and the standards and commitments of this document at the
time of construction plan approval.
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4.3
Easements for Utilities
Easements, where required, shall be provided for water management areas, utilities and
other purposes as may be required by Collier County, All necessary easements,
dedications or other instruments shall be granted to ensure the continued operation and
maintenance of all services and utilities. This will be in compliance with applicable
regulations in effect at the time construction plans and plat approvals are requested.
4.4 Amendments to the Ordinance
The proposed PUD Master Plan is conceptual in nature and subject to change within the
context of the development standards contained in this ordinance,
Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Seelien
2,7.3.5 of the Collier County LDC, as revised, in effect at the time the amendment is
requested,
4.5 Proiect Plan ADDroval RC'Juirements
Exhibit "A", the PUD Master Plan, constitutes the required PUD Development Plan.
Subsequent to, or concurrent with PUD approval, a Preliminary Subdivision Plat (if
required) shall be submitted for the entire area covered by the PUD Master Plan, All
division of property and the development of the land shall be in compliance with the
subdivision regulations set forth in Seshen 3.2 efthe LDC.
Prior to the recording of the final subdivision plat, when required by the Subdivision
Regulations set forth in Seotian 3.2 efthe LDC, final plans of the required improvements
shall receive the approval of all appropriate Collier County governmental agencies to
ensure compliance with the PUD Master Plan, the County Subdivision Regulations and
the platting laws of the State of Florida.
Prior to the issuance of a building permit or other development orders, the provisions of
Seetien 3.3, Site Development Plans shall be applied to all platted parcels, where
applicable, Should no subdivision ofland occur, Seetien 3.3 shall be applicable to the
development of all tracts as shown on the PUD Master Plan.
4,6
Provision for Off-Site Removal of Earthen Material
The excavation of earthen material and its stockpiling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted. If, after
consideration of fill activities on buildable portions of the project site, there is a surplus
of earthen material, offsite disposal is also hereby permitted subject to the following
conditions:
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A.
Excavation activities shall comply with the defmition of a "Development
Excavation" pursuant to SeaReR 3.5.5 ,1.3 efthe LOC, whereby offsite removal
shall not exceed ten (10) percent of the total volume excavated up to a maximum
of 20,000 cubic yards.
B. A timetable to facilitate said removal shall be submitted to the Development
Services' Manager for approval. Said timetable shall include the length oftime it
will take to complete said removal, hours of operation and haul routes.
C. All other provisions of SectieR 3.5 of the LDC are applicable.
4.7 Sunset and Monitoring Provisions
Oak Grove PUD shall be subject to SecReR 2.7,3.1 efthe LDC, Time Limits for
Approved PUD Master Plans and SealieR 2. '7 .Hi Monitoring Requirements.
4.8
Polling Places
Any community recreation/public building/public room or similar common facility
located within the Oak Grove PUD may be used for a polling place, if determined
necessary by the Board of County Commissioners upon recommendation of the
Supervisor of Elections in accordance with SeetieB 2.6.~Q efthe LDC.
4.9 Native Velletation
The }3fsjeet ,.JiH meet the aattve .legetatl8B re~emeB1:S efDi.lisieB J.g, 'legMatiea
Remaval, PreteetieB and Pres8fVatisR ofilie LDC fer tile sabjeet lJf91leRY. The oriQinal
PUD provided 5.91 acres of wetland preserve. which included 1.60 acres of native
vel!etation. The wetland DTeserve acreal!e has been reduced to 4.31 acres. which includes
.43 acres of native velletation. This reduction of oreserve is due to the Livingston Road
Ril!ht-of- W av imoact which imoacted 1.6 acres of the wetland oreserve: of which 1.17
acres of native vel!etation was imoacted. The native vel!etation existinl! onsite at the
time of develooment was 1.60 acres, Therefore. the minimum reQuired native vel!etation
oreserve is 0.40 acres (1.60 x 25%). The existing 4.31 acre wetland preserve will
remain.
4.10 Ooen Space
In addition to the areas designated on the PUD Master Plan as buffers and lakes, open
space will be allocated within each subsequent development area. Open space may be in
the form oflandscaping, additional buffers, passive or active recreation areas and water
management facilities. The total aggregate of such open space areas shall meet or exceed
the open space requirements of See. 2.6,32 efthe LDC, which requires a minimum of
sixty (60) percent for residential developments. Areas dedicated to Collier County for the
extension of Livingston Road and Blossom Drive may be counted towards the total open
space requirements should the need arise.
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4,11 Archaeololrical Resources
The developer shall be subject to Seeliea 2.2.25.8.1 efthe LDC pertaining to
archaeological resources in the event they are contained on the property.
4,12 Common Area Maintenance
Common Area Maintenance, including the maintenance of common facilities, open
spaces, and water management facilities shall be the responsibility of a home owners'
association to be established by the developer.
4.12 Dedication of Public Facilities
Dedication of road right-of-ways and public facilities shall be in accordance with Seetiea
2.2.2G.D efthe LDC.
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SECTION V
Permitted Uses and Dimensional Standards
5.1
Pumose
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The purpose of this Section is to identify permitted uses and development standards for I I:
areas within the Oak Grove PUD designated for residential development on the PUD II, II '
Master Plan, Exhibit "A".
5.2 Maximum Dwelling Units
Five ffimllreElIHIEl fifty ())~ Five hundred and twenty-five (525) dwelling units are
permitted within the Oak Grove PUD, based on a density of four (4) dwelling units per
gross acre.
5.3 General Descriotion
The PUD Master Plan designates the following uses for each tract designated on the PUD
Master Plan.
TRACT ACRES USE
I :108.45 S.F, and Duplex (side by side) I,
II H3.60 S,F. and Duplex (side by side)
III + 14.10 1.29.25 S.F. or M.F.
IV ~8.19 S.F. or M.F.
V ~15.42 S.F. or M.F.
VI ~13.49 S,F. or M,F.
The approximate acreage of residential tracts is depicted on the PUD Master Plan.
Actual acreage of all development tracts will be provided at the time of Site Development
Plan or Preliminary Subdivision Plat approvals in accordance with Miele 3, DivisisR
3.3, anll Di-:isieR 3.2, respectively, ef the Collier County Land Development Code.
Residential tracts are designed to accommodate internal roadways, open spaces,
recreational amenity areas, water management facilities, and other similar uses found in
residential areas.
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8811
5.4
Permitted Uses and Structures
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
1.
Principal Uses:
(a)
(b)
(c)
(d)
(e)
(t)
Single Family Detached Dwellings
Zero-Lot Line Dwellings
Two-family and Duplex Dwellings
Single Family Attached and Townhouse Dwellings
Multi-family Dwellings, including Garden Apartments
Any other housing type which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible with residential uses,
2. Accessory Uses and Structures
(a) Accessory uses and structures customarily associated with principal
residential uses permitted in this district, including recreational facilities,
maintenance Ilicilities and clubhouse.
5.5 Development Standards
I. The following Table 1 sets forth the development standards for residential areas.
TABLE)
DEVELOPMENT STANDARDS IlOR RESIDENTIAL AREAS
PERMITTED USES SINGLE FAMILY ZERO LOT LINE TWO FAMILY SINGLE FAMILY MULTI-FAMILY
AND STANDARDS DETACHED DUPLEX ATIACllEDAND DWELLING
TOWNHOUSE
Minimum Lo' Areas 6000 S,f, 5.000 S.f.".,. d,. 3,500 S.f!" 3 000 S.F".,. duo lAC
Minimum Lot Width(l) 60 50 35 30 150
FrantYard 25 20 20 20 25
S;de Yard"' 7.5 \"'0 or 10 00r1.5 Oor.5BH' Oor5BH
Rear Yard Prineinal 20 10 20 20 BH
Rear Yard Aecc$Sorv 10 5 10 10 10
MaximJm Buildina 35 35 35 35 45'
Heillht
Distance Between 15 10 15 ,5BH" .5BH
Structures
Floor Area Min. f5F\ 1200 1200 1200 1000 600
"J Each half of a dUD1eX unit uin:s a lot area anocation 00,500 S.F. for a total mininum lot area of7 ,000 S.F.
m Minimum lot width ma\l be reduced bv 20 nP.!'Cent for cul-de-sac 10\$ DfOvided miniJl'l.lm lot area Tf'..l1uirernent is still maintained.
VI Accessorv uses such as 0001 enclosura. ma~ be attached to Drinciual uses,
wWhen: the zero (0) fee yard option is utilized, the opposite side of ,he SlnIcture shall have a ten (10) foot side yard. Zero (0) feet yards may be
used on either side of a structure nrovidcd that the o~sitc ten (10) foot side _I'd is nrovided.
('>tracu4 (fourl-and 5 'five) are "";;':;:;;;ttcd a maxitnJm heillht of 50 (fifty) feet.
DH - Duildin" Hei2ht
SBH Sum of BuildinD Heights
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2.
Zero-Lot. Line dwellings are identified separately from single family detached
dwellings with conventional side yard requirements to distinguish these types for the
purpose of applying Development Standards under Table 1. Zero-Lot Line dwelling
shall be defined as any type of detached single family structure employing a zero or
reduced side yard as set forth herein, which conforms to requirements of Collier County
Land Development Code, .^.rtiele 2, Divisien 2.6,27.
3. Only one residential dwelling unit type shall be permitted on any tract designated for
residential use. Where different dwelling unit types are planned on adjoining tracts, they
shall be separated by recreational facilities, common areas, or landscaped buffers.
4.
All landscaping shall be in accordance with Di\'isisn 2.1, Landscaping and Buffering of
the LOC; however, a Type "B" buffer shall be provided on a three foot high undulating
berm along the northern edge of Tracts I and II depicted on the PUD Master Plan to
provide additional screening for adjacent single family uses.
5,
Landscaping along the internal access road depicted on the PUD master plan shall
consist of uniform plant material that meets or exceeds the requirements of Seelisn 2.1
&f the LOC. Landscaped and signage shall also be uniform at each signature
entranceway into individual tracts, which shall also promote a similar theme throughout
the planned development. The first tract to be developed in Oak Grove shall set forth
the landscaping and signage standards for the internal roadway depicted on the PUD
master plan and entranceway standards.
6, In meeting the perimeter buffer requirements, the existing non-native vegetation/citrUs
trees are permitted to be used in meeting the landscape requirements for the subject
property; however, additional supplemental native plantings may be required to achieve
the intent and purpose ofSectillft 2.1 efthe LDC,
7. Perimeter buffers shall only be required for the boundary of each tract at the time it is
developed. Buffering may be required during the site plan review process of all or
some remaining tracts as determined appropriate by the Development Services
Director, based on the type of use and proximity to residential use.
8, All signage shall be in conformance with Dhiaien 2.3 efthe LOC.
9.
All parking shall be in conformance with Di'/isien 2.3, Off-Street Parking and Loading.
Paved parking is also permitted within the FP&L easement, subject to their
authorization,
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10,
Setbacks shall be measured from the legal boundary of the lot and are inclusive of
easements with the exception of easements that comprise a road right-of-way,
11.
Within each individual tract, architectural standards shall be unified with regard to
colors, rooflines, and textures, so as to create a uniform architectural standard for each
individual tract.
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SECTION VI
Environmental Standards
The purpose of this Section is to set forth the environmental commitments of the Project
Developer,
6,1
Petitioner shalllle sllil;jeot to the Cellier CellHly Crowth MMlIgeHIeot PIM Vehey 12.1,3
eentaiBe~ 18 tlle CSfl68fYatisa an€! Ceastal MaBagem.eBt :SIemeR! (dises"/8fY €If a
Bfehlleelegielll er kistsl'isal site, llftifaet er ether inllisater ef)lreservlltieH). The original
PUD orovided 5.91 acres of wetland preserve. which included 1.60 acres of native
vegetation. The wetland oreserve acrea2e has been reduced to 4.31 acres. which includes
,43 acres of native vegetation. This reduction of ore serve is due to the Livingston Road
Right-of-Wav impact which impacted 1.6 acres of the wetland vreservc: of which 1.17
acres of native vegetation was impacted. The native ve2etation existinl! onsite at the
time of develooment was 1,60 acres, Therefore. the minimum reauired native vegetation
preserve is 0.40 acres (1,60 x 25%), The existin2 4.31 acre wetland oreserve will
remain,
6.2
Petitieaer skilll eetaiR and 8\t9Rlit tleellftlentahao sf all aeeessary Lees], 8t8t8 anli
Fed8f6.1 pefR'lits prier 19 semmens]&@: eSBStfYetisR.
6.3 The IIJlpliell!lt shalllle sllbj set te all cft\'ireBlBeAtlll ertiiBlIIIsos in effeet lit the time ef
d&'felepmeat eNer ajlpfeve!s.
M A wetland preserve area is located on the PUD Master Plan, along the eastern boundary
of the project and comprises ~ 4.31 acres located outside the Livingston Road Right-of-Way.
This wetland area is proposed to be enhanced, and fundamentally left intact; ke':/I!'.<er, RHller
8IlsrsaehmeBts IR&Y 8e JUlm:itted, eased eft iS9yanee sf permits Hem Leeal, Etete, mil Federal
wetiana peffilittiflg lIgllllsies.
VI-1
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SECTION VII
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Transportation Requirements
The purpose ofthis Section is to set forth the transportation commitments of the project
development.
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The developer shall provide artcriallevel street lighting of the project entrance. Said
lighting shall be in place prior to the issuance of any Certificate of Occupancy. This
commitment has been completed,
7.1
7.2 The road impact fee shall be as set forth in Ordinance 92-22 as amended, and shall be
paid at the time building permits are issued, unless otherwise approved by the Board of
County Commissioners, The road imoact fees were oaid at the time of SDP or plat
aporoval for Bridl!ewater Bav that is the name of the develooment occurring in the Oak
Grove PUD,
a)
The Oak Grove PUD shall reserve a maximum of275 feet along the eastern
boundary of the project for the future widening of Livingston Road and associated
water management requirements in exchange for impact fee credits. The Oak
Grove PUD has conveved 275 feet along the eastern boundarv of this PUD for the
widening of Livingston Road.
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b)
Forty feet of right-of-way shall be provided for a portion of Orange Blossom
Drive to be constructed on the subject property as depicted on the PUD Master
Plan in exchange for impact fee credits. Forty feet ofril!bt-of.way has been
dedicated to Collier Countv for the construction of Orange Blossom Drive on the
subiect prooertv and the developer was reimbursed with imoact fee credits.
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c) Orange Blossom Drive shall be designed and constructed as a minor collector
road within the boundary of the subject property within the 100 feet of right- of-
way to be provided by this and the adjacent property to the south. Orange
Blossom Drive has been constructed as a minor collector roadway within the
boundarv of the subiect oropertv and the adiacent propertv to the south.
d}
DeaatieB of saiEl fight ef .....a)' e&Semem and the ealslilatieB sf read i:mpaet fee
eHlEiits shall 8e maas iB aeesnlanee ....!Hfl the lue.,isiefts sui requirements sf
SeetieH 2.7.2.8.1, "Dedieatiea af the Publie Fasilities ana De.,tdepHlsat sf
PF8&e:Aeedj~JBeniaesn sftas Callier CeHBty Land DWlelapmefl.t CeEie ana the
Cellier Cellllty R-eatllm]laet Fee OffimaJIee anll shall he IiIIbjeGt fur'..Iier te a
DevelsJ3er CeMFihlitiss 4\greemeat het\\"eea the develaper and the Raar.d ef
CellHly Cemmissiaaers. The donation of the right-of-wav easement and the
calculation of road imoact credits were made oursuant to the rcouirements of the
LDC.
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7.3
Intemal access improvements shall not be subject to impact fee credits and shall be in
place before any certificates of occupancy are issued,
.\lllraflie sonkel devises IIsell shall eeHfeffil w-ith the Manllal OR DHifefm Tmffie
Centre I De,..iees 89 FeElllirea by Chajlter J lli.()113, Flefilla Statutes. A PUD
buildout/closeout determination shall be filed for the Oak Grove PUD prior to issuance of
Certificates of OCCUDanCY for lands that were removed from this PUD and comprisim.! +/-
6 acres located in the southwest comer and incomorated into the Siena Lakes CCRC
CPUD.
7.4
7.5 Connections onto Livingston Road:
a)
All median openings and driveway locations shall be in accordance with the Collier
County Land Development Code and Access Management Policy, as they may be
amended. Median access and control shall remain under County control unless
established via a right-of-way agreement between the Board of County
Commissioners and the developer,
M lB the e'/eHt that aeeess is Het availallle te LiYmgstlla Read by tile eommeHeemeRt date
far eeBskaatleB, assess is paHnitted {rem OfaBge IUsssam Dfiw.
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8811
SECTION VIII
Utility and Engineering Requirements
The purpose of this Section is to set forth the utilities and engineering commitments of the
project developer.
8.1
Utilities
A. Water distribution, sewage collection and transmission and interim water
and/or sewage treatment facilities to serve the project are to be designed,
constructed, conveyed, owned and maintained in accordance with Collier
County Ordinance No. 88-76, as amended, and other applicable County rules
and regulations.
B.
All customers connecting to the water distribution and sewage collection
facilities to be constructed will be customers of the County and will be
billed by the County in accordance with the County's established rates,
Should the County not be in a position to provide sewer service to the
project, the sewer customers shall be customers of the interim utility
established to serve the project until the County's offsite sewer facilities are
available to serve the project.
C. Prior to approval of construction documents by the County, the developer
must present verification, pursuant to Chapter 367, Florida Statutes, that the
Florida Public Service Commission has granted territorial rights to the
developer to provide sewer service to the project until the County can
provide these services through its sewer facilities.
D.
The utility construction documents for the projects sewerage system shall be
prepared to contain the design and construction of an onsite force main,
which will ultimately connect the project to the future central sewerage
facilities of Collier County. The force main must be interconnected to the
pump station with appropriately located valves to permit for simple
redirection of the project's sewage, when connection to the County's central
sewer facilities becomes available.
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E,
Prior to or at the time of submission of construction plan and final plat for the
project, the potable water supply from the Collier County Water-Sewer
District to serve this project shall be installed adjacent to the property and be
in service.
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8.2 Em!ineering
A. Detailed paving, grading, site drainage and utility plans shall be !f:
submitted to the Development Services Department for review. No
construction permits shall be issued unless detailed paving, grading, site
drainage and utility plans shall be submitted to the and until approval of
the proposed construction, in accordance with the submitted plans, is
granted by the Development Services Department.
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B. Design and construction of all improvements shall be subject to compliance 'I
with the appropriate provisions of the Collier County LDC. 'I
'"
,
C. Subdivision of the site shall require platting in accordance with SeetteR 3.2
efthe LDC to define the right-of-way and tracts shown on the PUD Master
Plan. i'
,
D. The developer and all subsequent owners ofthis project shall be required to
satisfy the requirements of all County ordinances or codes in effect prior to i'
or concurrent with any subsequent development order relating to this site, ,
including but not limited to Preliminary Subdivision Plats, Site
Development Plans and any other applications that will result in the
issuance of a final development order,
E, The development will provide adequate right-of-way for future turn lanes at
the project entrance to Orange Blossom Drive and the design will be
coordinated with the Office of Capital Projects Management.
F, The development shall convey fee simple right-of-way to the County for
both Livingston Road and Orange Blossom Drive prior to the receipt of any
development order for construction activities.
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SECTION IX
Water Management Requirements
The purpose of this Section is to set forth the utilities and engineering commitments of the
project developer.
9.1
Detailed paving, grading and site drainage plans shall be submitted to the Development
Services Department for review. No construction permits shall be issued unless and until
approval of the proposed construction, in accordance with the submitted plans. is granted by
the Development Services Department.
9.2 Design and construction of all improvements shall be subject to compliance with the
appropriate provisions of the Collier County LDC, except that excavation for water
management features shall be allowed within twenty (20) feet from side, rear or abutting
property lines with side, rear or abutting property lines fenced,
9.3
Landscaping may be placed within the water management area in compliance with the
criteria established within SeetieR 2.1.7.3 efthe LDC,
9.4 The wet season water table elevation shall be established at the time of South Florida Water
Management District permitting, which is required for the subject property.
9.5 The conveyance swale from the water control structure to the D-2 canal shall be within a
drainage easement to be recorded prior to approval of the first development order.
9.6 At time of development plan submitted. "Typical Lake Section" shall be revised to show
the 2:1 breakpoint at 3' below low-water level, not 3' below control as shown,
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EXHIBIT B
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN AND BEING A PART OF SECTION I, TOWNSHIP 49 SOUTH,
RANGE 25 EAST: COLLIER COUNTY. FLORIDA AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS
.BEGINNING AT THE WEST 1/4 CORNER OF SECTION 6, SAID POI~T BEiNG THE EAST 1/4
CORNER OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER
COUNTY, FLORIDA; ,
THENcE: ALONG THE THE EAST LINE OF THE NORTHEAST '/4 OF SECTION 1 NORTH
02'-03'-56" WEST 1585,97 FEET TO THE SOUTH LINE OF THE NORTH 1/2 OF THE
NOR THEAST '/4 OF SAID SECTION I;
THENCE ALONG SAID SOUTH LINE NORTH 89'-23'-43" WEST 2701.52 FEET TO A POINT
ON THE EAST LINE OF LAKESIDE OF NAPLES AT CITRUS GREENS ACCORDING
TO PLAT BOOK 15, PAGE 83 - 88 PUBLIC RECORDS, COLLIER COUNTY. FLORIDA,
THENCE ALONG SAID EAST LINE SOUTH 02'-49'-35" EAST 1589.1\ FEET TO THE
SOUTHEAST CORNER OF SAID LAKESIDE OF NAPLES AT CITRUS GREENS;
THENCE ALONG THE SOUTH LINE OF SAID LAKESIDE OF NAPLES AT CITRUS GREENS NORTH
89'-28'-42" WEST 137,24 FEET TO THE NORTHEAST CORNER OF THE
EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 1, TOWNSHIP 49 SOUTH. RANGE 25 EAST, COLLIER COUNTY.
FLORIDA.
THENCE ALONG THE EAST LINE OF SAIO PARCEL SOUTH 02"-47'-38" EAST 518.64 FEET
TO THE NORTHWEST CORNER OF A PARCEL OF LAND OWNED BY THE FIRST
BAPTIST CHURCH OF NAPLES AS SHOWN ON A SURVEY BY CAROL L NELSON, P.lS.
DATED FEBRUARY 10, 1996. PROJECT NO, S1T49R25:
THENCE ALONG THE NORTH liNE OF SAiD PARCEL SOUTH 89'-26'-34" EAST 279887
FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION I;
THENCE ALONG SAID EAST LINE NORTH 00'-43'-57" WEST 517.75 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;
CON T AINING 131 3 ACRES MORE OR LESS;
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8B~1
Acct. #068779
August 13,2009
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, FL 34102
RE: PUDA-2008-AR-14090, Oak Grove PUD
Dear Legals:
Please advertise the above referenced petition on Sunday, August 30, 2009, and
kindly send the Affidavit of Publication, in duplicate, together with charges involved
to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.o. #4500096189
8 B ~ \~~
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, September 15, 2009, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 98-71, OAK GROVE, A
PLANNED UNIT DEVELOPMENT (POO) , PROVIDING FOR AMENDMENT TO
EXHIBIT A, THE POO DOCUMENT, TO REMOVE 6.13 ACRES FROM THE POO;
PROVIDING FOR AMENDMENTS TO ADD MAP OF EXISTING CONDITIONS;
PROVIDING FOR AMENDMENTS TO THE LEGAL DESCRIPTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
PETITION: POOA-2008-AR-14090, LCS-Westminster Naples, LLC, represented
by Robert Duane, AICP, of Hole Montes, Inc. and Richard D. Yovanovich,
Esq., of Goodlette, Coleman, Johnson, Yovanovich and Koester, is
requesting an amendment to the Oak Grove POO (Ordinance No. 98~71) to
delete approximately 6.13 acres. The subject property is located in
Section 1, Township 49 South, Range 25 East, Collier County, Florida
(Companion item to PUDZ-2008-AR-14091 and PUDA~2008-AR~14092)
A copy of the proposed Ordinance is on
Board and is available for inspection.
invited to attend and be heard.
file with the Clerk to the
All interested parties are
NOTE: All persons wishing to speak on any agenda item must register
with the County Manager prior to presentation of the agenda item to be
addressed. Individual speakers will be limited to 5 minutes on any
item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
".,._._,.,_.,_.....".,._------,-_._-.-"~.,~~------
88 1
record includes the testimony and evidence upon which the appeal is
based.
If you are a person with disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 3301
Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380.
Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
N"__'._'"_.__"'W'"'_'_'__~_"_.'~'____'-'--__~_'__"___._'".~,_..~,_,.."_,.N_
Dwight E. Brock
Clerk of Courts
Ceo~pt}"J>feollier
CLERK OF THEtlRCtJIT COURT
COLLIER COUNTY.1~OURrflouSE
3301 TAMIAMI ~IL EAST
P.O. BOX 41.3044
NAPLES, FLORlDA~41 0 1-3044
,'1/
0-:"':~,:,
8B
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
August 13,2009
Hole Montes, Inc.
Robert L. Duane, AICP
950 Encore Way
Naples, FL 34109
RE: PUDA-2008-AR-14090: Oak Grove PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, September 15, 2009 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, August 30, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Martha Vergara,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Dwight E. Brock
Clerk of Courts
eOblntj~oreollier
t; _ "- ..,
CLERK OF THE ClRCt;IT COURT
COLLIER COUNTY COUR1\HOUSE
3301 TAMJAMll'~IL EAsT
PO. BOX 413044
NAPLES, FLORIDA 101-3Q44
(-'"<..-'--.---.-...-\
8 B \ ~*i~
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
August 13,2009
LCS Development LLC
400 Locust St.
Suite 820
Des Moines, IA 50309
RE: PUDA-2008-AR-14090: Oak Grove PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, September 15,2009 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, August 30, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~~
Martha Vergara, U
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Dwight E. Brock
Clerk of Courts
c---- "-- " ,
'eON.nty:-(jfeollier
!> './ \ ':
CLERK. OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMl tBAIL EAST
PO. BOX4b044 '
NAPLES, FLORlDA341 01-3044
88
'.
t.
.'
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
August 13,2009
Goodlette, Coleman, Johnson, Yovanovich and Koester, PA
Richard Yovanovich, P. A.
4001 Tamiami Trail
Suite 300
Naples, FL 34103
RE: PUDA-2008-AR-14090: Oak Grove PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, September 15, 2009 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, August 30, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Martha Vergara,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Martha S. Vergara
88 .~~
From:
Sent:
To:
Subject:
Attachments:
postmaster@collierclerk,com
Monday, August 17, 2009 3:28 PM
Martha S, Vergara
Delivery Status Notification (Relay)
ATT613746.txt; PUDA-2008-AR-14090, Oak Grove PUD
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals~naplesnews.com
1
Martha S. Vergara
8..B ,.,\ ~a
From:
Sent:
To:
Subject:
Attachments:
Martha S. Vergara
Monday, August 17, 2009 3:28 PM
'Iegals@naplesnews,com'
PUDA-2008-AR-14090, Oak Grove PUD
PUDA-2008-AR-14090.doc; PUDA-2008-AR-14090.dot
Legal's,
Here is an Ad to be placed.
PLEASE SEND AN OK WHEN RECEIVED.
Thanks,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(martha. verQara(cilcoll ierclerk.com)
1
8 B \:~ta
Martha S. Vergara
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews.com]
Tuesday, August 18, 2009 10:25 AM
Martha S. Vergara
RE: PUDA-2008-AR-14090, Oak Grove PUD
ok
From: Martha S. Vergara [mailto:Martha,Vergara@colliercierk,com]
Posted At: Monday, August 17, 2009 3:28 PM
Posted To: Legals - NON
Conversation: PUDA-2008-AR-14090, Oak Grove PUD
Subject: PUDA-2008-AR-14090, Oak Grove PUD
Legal's,
Here is an Ad to be placed.
PLEASE SEND AN OK WHEN RECEIVED.
Thanks,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(ma rtha, verqara (Olcoll iercierk,com)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public
records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
Naples Daily News
Naples, FL 34102
8B~1
Affidavit of Publication
Naples Daily News
--------------------------------------------------+------------------------
BCC/ZONING DEPARTMENT
CLERK OF CIRCUIT CRT
S AMMERMANN/FINANCE DEPT
POBOX 413044
NAPLES FL 34101
REFERENCE: 068779
59587408
P.O # 4500096189
NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Susan Rogge, who on oath says that she
serves as the Vice President of Finance of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that he has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 08/30 08/30
~.I!lQllEllS
AD SPACE: 170 LINE ~clot1...
;:~~:,~~e:; ~;::::; "A;;, hi 7? IfF. ....... m m . . .~_.
Sworn to and Subscribed before me this \S'+ day of ~re~e.,... 2001
Personally known by me
Naples Daily News
Naples, FL 34102
~ 88
Affidavit of Publication
Naples Daily News
------------------------------------~-------------+------------------------
BCC/ZONING DEPARTMENT
CLERK OF CIRCUIT CRT
S -~MERMANN/FINANCE DEPT
POBOX 413044
NAPLES FL 34101
REFERENCE: 068779
59587408
P.O # 4500096189
NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Susan Rogge, who on oath says that she
serves as the Vice President of Finance of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that he has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 08/30 08/30
AD SPACE:
FILED ON:
170 LINE
08/31/09
Sworn to and Subscribed before me this \6+
PETmON. ,I PlJOA-2CI' 1 Lc's-Wtstm1nster
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COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
~ Normal Legal Advertisement
(Display Adv., location, etc.)
..*..................................................................................................
Other:
Originating Deptl Div: CDES./Zonin2 Person: John-David Moss, Alep
Date:
Petition No. (If none, give brief description): PUDA-2008-AR-14090, Oak Grove pun
Petitioner: (Name & Address): Robert L Duane, Alep, Hole Montes, 950 Encore Way, Naples. FL 34109
Name & Address of any person(s) to be notified by Clerk's Office: (If morc space is needed. attach separate sheet) Richard
Yovanovich, P,A., Goodlett!;:. Coleman. and Johnson, 400] Tamiami Trail, SUItt' 300. Naples. FL 341 OJ; LCS Development
LLC, 400 Locust St., Suitc 820, Des Moincs, IA 50309
Hearing before BCC
BZA
Other
Requested Hearing date:
December 1.2009
Ba~ed on advertisement appearing 15 davs before hi:aring.
Newspaper(s) to be used: (Complcte only it lmportantt
xxx Naplc~ Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: PUDAw2008-AR.14090, LCSwWestminster
Naples LLC. represented by Robert Duane. AlCP, of Hole Montes, Inc. and Richard D. Yovanovich, Esg.. of Goodlette,
Coleman, Johnson, Yovanovich and Koester. IS requesting an amendment to the Oak Grove PUD (Ordinance No. 98-71) to
delete approximately 6.13 acres. The subject property is Jocated in Section 1. Township 49 South, Range 25 East. Collier
County, Florida (Companion item to PUDZ-2008wARw14091 and PUDA-2008-AR-14(92).
Companion petition(s). if any & proposed hearing date:
Does Petition Fee include advertising cost') Yes No If Yes, what account should be charged for advertising costs:
PO Number: 4500096189 for Account Number: 068779
Reviewed by:
~.~
ivision Administrator or Designee
t~
I.ist Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before Bee or BZA: Initiating person to complete one copy and obtain Division Head approval
before submitting to County Manager. Note: If legal document is involved. be sure that any necessary legal
review. or request for same, is submitted to County Attorney before submitting to County Manager. The
Manager's office will distribute copies:
County Manager agenda file: to
Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office. retaining a copy lor file.
.....................*...*...........................................k*..............*...............
FOR CLERK'S J:FICE USE ONLY,
Date Received: ~~_ Date of Public hearing- ~_
Dale Advertised '1* ~
88 '~I
ORDINANCE NO, 09-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE
NUMBER 98-71, OAK GROVE, A PLANNED UNIT DEVELOPMENT
(PUD), PROVIDING FOR AMENDMENT TO EXHIBIT A, THE PUD
DOCUMENT, TO REMOVE 6,13 ACRES FROM THE PUD;
PROVIDING FOR AMENDMENTS TO ADD MAP OF EXISTING
CONDITIONS; PROVIDING FOR AMENDMENTS TO THE LEGAL
DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, on September 8, 1998, The Board of County Commissioners approved
Ordinance Number 98-71, which established Oak Grove, a Planned Unit Development (PUD)
zoning classification; and
WHEREAS, LCS-Westminster Naples LLC, represented by Robert L Duane, of Hole
Montes, Inc., and Richard D. Yovanovich, Esquire of Colcman, Yovanovich & Kocster, P.A.,
petitioncd the Board of County Commissioners to amend the Oak Grove PUD.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION I: AMENDMENTS TO EXHIBIT A, THE PUD DOCUMENT, OF ORDINANCE
NUMBER 98-71, THE OAK GROVE PUD
Exhibit A, the Development Plan document (hereafter "Devclopment Plan"), to Ordinance
Number 98-71 is hereby amcnded and superscded by Exhibit A attached hereto.
SECTION II: ADD EXHIBIT A-I, MAP OF EXISTING CONDITIONS
Exhibit A-I, Map of Existing Conditions, is hereby added to the Devclopment Plan and attached
hereto and incorporated by reference herein.
SECTION Ill:
AMENDMENTS TO THE LEGAL DESCRIPTION
The Legal Description, Exhibit B of the Development Plan, is hereby replaced with a new Legal
Dcscription, attached hereto and incorporated by reference hercin,
PUDA-2008-AR-14090
REV. 7/30/09
Page 1 of2
8 B ,~~~
SECTION IV: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED 1m DULY ADOPTED by super-majority vote by the Board of County
Commissioners of Collier County, Florida, this day of ,2009,
I
ATTEST: I
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk
DONNA FIALA, Chairman
Approved as to form and legal
sufficiency:
~~,r'
~..
Heidi Ashton-Cicko
Section Chief, Land Useffransportation
CPI09-CPS-00921 \21
PUDA-2008-AR-14090
REV. 7130/09
Page 2 on
8 B 11
OAK GROVE
A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
EXHIBIT A
Prepared by:
HOLE, MONTES AND ASSOCIATES, INC.
715 Tenth Street South
Naples, Florida 34102
August, 1998
HMA File No. 98.25
REVISED MAY 2009
BY:
HOLE MONTES.INC.
950 ENCOR1:LW AY
NAPLES. FL341 10
HM FII.E No. 2007,115
And
Goodlette, Coleman, Johnson. Yovanovich & Koester. P.A.
4001 Tamiami Trail North. Suite 300
Naples, Florida 34103
.)-~I
8 B "HI
TABLE OF CONTENTS
Page
SECTION I - Statement of Compliance.. .........................., ...... .......................-l- I-I
SECTION II - Property Ownership, Legal Description and Short Title........... ..........:; II-l
SECTION III - Statement of Intent and Project Description...................,...... ........4III-l
SECTION IV - General Development Regulations.. ..... ............, ..i.... ....., .............~ IV-I
SECTION V - Permitted Uses and Dimensional Standards.. ..... ....... ...... ................9-V-l
SECTION Vl- Environmental Standards ...................................I.....................+.;-Vl-l
SECTION VII - Transportation Requirements............ ................, ............................-l4-VII-1
SECTION VIII- Utility and Engineering Requirements., ....., .....,.!..........................-U>-VIII-1
SECTION IX - Water Management Requirements....,...,..... ....................................+8 IX-I
EXHIBITS
Exhibit A - POD Master Plan
Exhibit A-I - Oak Grove Existing Conditions (added as part of /15/09 PUD amendment to
reflect as-built conditions on the site)
Exhibit B - Legal Description
,i
8Blr
SECTION I
Statement of Compliance
The development of approximately 137.13 131.3 acres of property in Collier County, as a
Planned Unit Development, to be known as Oak Grove, will be in compliance with the goals,
objectives and policies of Collier County as set forth in the Growth Management Plan, The
residential and recreational facilities of Oak Grove will be consistent with growth policies, land
development regulations, and applicable comprehensive planning objectives of cach of the
elements of the Growth Management Plan for the following reasons:
I, The subject property is within the Urban Mixed Use Residential Land Use Designation as
identified on the Future Land Use Map as required in Objeetive 1, Poliey 5.1 alld 5.3 ef
the Future Land Use Element.
2. The Urban Mixed Use Residential designation is intended to provide locations for the
development of higher densities and intensities ofJand use and permits up to four (4)
dwelling units per acre. Therefore, the proposed five hundred 81Id fifty (550) five
hundred and twenty-five (525) dwelling units arc consistent with the Collier County
Growth Management Plan, based on (137.13) (131.3) acres x four (4) dwelling units per
acre.
3. The subject property's location in relation to the existing or proposed community
facilities and services permits the development's residential density as required in
Objective 2 ofthe Future Land Use Element.
4. The project development is compatible and complementary to existing and future
surrounding land uses as required in Pelicy 5.1 of the Future Land Use Element.
5. Improvements are planned to be in compliance with applicable land development
regulations as set forth in Objecti'le 3 efthe Future Land Use Element.
6. The project development will result in an efficient and economical extension of
community facilities and services as required in Polieies 3.tH and L sf the Future Land
Use Element.
7. The project development is planned to incorporate natural systems for water management
in accordance with their natural functions and capabilities as may be required in
forthcoming regulations required by Ol>jectiye 1,5 oftlie Drainage Sub-Element oftlie
Public Facilities Element.
1-1
(,
~i.~
8 8 ~_
8. Provisions have been included within the PUD Document to provide two means of
ingress and egress from Orange Blossom Drive and Livingston Road to the project. The
proposed extension of these roadways will assure adequate traffic circulation and non-
substantial impacts to the existing and proposed traffic network of the area.
9. All final Development Orders for this project are subject to the Collier County
Concurrency Management System, as implemented by the Adequate Public Facilities
Ordinance.
1-2
0\-t
88 i~1
SECTION II
Property Legal Description and Short Title
2,1 Property Ownership
Following the approval of this rezoning request. +he the subject property is 611rrsIltly
Wleer a eentmct for sale te Marie Bates at the time sf this rezsfliag re(juest. will be
comprised of the owners of the 524 dwelling units that have been built in the Oak Grove
PUD and one dwelling unit that remains to be built.
2.2 Legal Description
Being a part of Section I, Township 49 South, Range 25 East, Collier County, Florida,
and, more particularly, described in Exhibit "B".
2.3 General Description of Property
The property is located approximately one-half mile east of Airport Road and one and
one-half miles north of Pine Ridge Road along the JlT-O)30See extension of Livingston
Road. The zoning of the subject property prior to the application of zoning is RlIfal
J'~gricllltlH'e (i\) the Oak Grove PUD.
Physical Description
The drainage plan for the Oak Grove PUD will consist of five (5) drainage basins and
five lakes. Lake 1, the largest of the new lakes, will incorporate the existing 1.96 acre
lake immediately adjacent to the existing wetland lake, It will serve as the most
downstream lake with Water Control Structure 4 serving as the outfall for the entire
project. Control Structure 4 will discharge into Canal D-2, whieh is the storm water
reeeiving body under pre-developed conditions. Existing site elevations vary from 11.5
to 12.5 NGVD. Soil types on site are: (3) molsbar fine sand, (16) oldsmar fine sand,
(25) Boca Riviera, Limestone Sub-Stratum and Copeland Fine Sand Depression and (25)
Holopaw Fine Sand. The property is located in Flood Zone X
Short Title
This ordinance shall be known and citcd as thc "Oak Grove Plarmed Unit Development
Ordinance",
II-I
0-d
8 B 11
SECTION III
Statement of Intent and Proj ect Description
3.1 Introduction
It is the intent of this ordinance to establish a Planned Unit Development meeting the
requirements as set forth in the Collier County Land Development Code (LDC) that will
permit live haBdrea BfId lifty (550) five hundred and twenty-five (525) dwelling units for
the subject property. The purpose of this document is to set forth guidelines for the future
development ofthe project that meet accepted planning principles and practices, and to
implement the Collier County Growth Management Plan.
3,2 Proiect Description
The project is comprised of 137.43 131.3 acrcs located within the northern half of Section
I, Township 49 South, Range 25 East, approximately one-half mile east of Airport Road
and one and one-half miles north of Pine Ridge Road,
Access to Oak Grove is provided from both Orange Blossom Drive, presently a sixty (60)
foot right-of-way, running west to a median opening at Airport Road that is proposed to be
extended through the subject property and thc adjacent property to the south to intersect
with Livingston Road. Access is also proposed from Livingston Road, running south to
its intersection with Pine Ridge Road for which the project will dedicate 275 feet of
R,O.W, or", 13.29 acres, The project will provide for a range of housing types, including
singlc family and multi-family development at four (4) dwelling units per acre.
3.3 Land Use Plan and Proiect Phasing
A. The PUD Master Plan contains a total of six (6) tracts consisting of development
areas and three (3) tracts one development area that provides for single family,
duplex, multi-family and clubhouse recreational areas consisting of wetlands,
open spaces, lakes, and street right-of-way, The Master Plan is designed to be
flexible with regard to the placement of buildings, tracts and related utilities and
water management facilities, More specific commitments will be made at the
time of site development plan and permitting approval, based on compliance with
all applicable requirements of this ordinance, the LDC and Local, State and
Federal permitting requirements. All tracts may be combined or developed
separately subject to compliance with the applicable dimensional requirements
contained within this document.
B. The anticipated time efbllild out of the pmject is approJ[imately five (5) years
fmm the time ofisSllllflse ofilie first buildiBg permit. The project is essentiallv
built out at tbe time of this !!I1PJi~ation for a rezoning request.
III-I
0\'1;-0
8 B~I
SECTION IV
General Development Regulations
The purpose of this Section is to set forth the development regulations that may be applied
generally to the development of the Oak Grove Planned Unit Development and Master Plan.
4.1 General
The following are general provisions applicable to the PUD Master Plan,
A. Regulations for dcvelopment of the Oak Grove PUD shall be in accordance with
the contents of this document, the PUD-Planned Unit Development District and
other applicable sections and parts of the Collier County Land Development Code
(LDC) and Growth Management Plan in effect at the time of issuance of any
dcvelopment order to which said regulations rclate which authorizes the
construction of improvements. The developer, his succcssor or assignee, agree to
follow the PUD Master Plan and the regulations of this PUD as adopted and any
other conditions or modifications as may be agreed to in the rczoning of the
property. In addition, any successor in title or assignee is subject to the
commitments within this agreement.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the LDC in effect at the time of building permit
application.
C. All conditions imposed and all graphic material presented depicting restrictions
for the development of the Oak Grove PUD shall becomc part ofthe regulations
which govern the manner in which this site may be developed,
D. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions ofDiv. 3,15 Adequate Public Facilities
of the LDC at the earliest or next to occur of either final SDP approval, final plat
approval, or building permit issuance applicable to this development.
E. Unless specifically waived through any variance or waiver provisions from any
other applicable regulations, the provisions of those regulations not otherwise
provided for in this PUD remain in full force and effect.
4.2 Site Clearing and Drainage
Clearing, grading, earthwork, and site drainage work shall be performed in accordance
with the Collier County LDC and the standards and commitments of this document at the
timc of construction plan approval.
IV-I
-0- ~+
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88 111
4.3 Easements for Utilities
Easements, where required, shall be provided for water management areas, utilities and
other purposes as may be required by Collier County. All necessary easements,
dedications or other instruments shall be granted to ensure the continued operation and
maintenance of all services and utilities, This will be in compliance with applicable
regulations in effect at the time construction plans and plat approvals are requested.
4.4 Amendments to the Ordinance
The proposed PUD Master Plan is conceptual in nature and subject to change within the
context of the development standards contained in this ordinance.
Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Sealiea
2.7.3.5 efthe Collier County LDC, as revised, in effect at the time the amendment is
requested.
4.5
I
Proiect Plan Approval ReQuirements
Exhibit "An, the PUD Master Plan, constitutes the required PUD Development Plan,
Subsequent to, or concurrent with PUD approval, a Preliminary Subdivision Plat (if
required) shall be submitted for the entire area covered by the PUD Master Plan, All
division of property and the development of the land shall be in compliance with the
subdivision regulations set forth in SectieR 3.2 efthe LDC.
Prior to the recording ofthe fmal subdivision plat, when required by the Subdivision
Regulations set forth in SeatieR 3.2 of the LDC, final plans ofthe required improvements
shall receive the approval of all appropriate Collier County governmental agencies to
ensure compliance with the PUD Master Plan, the County Subdivision Regulations and
the platting laws of the State of Florida.
Prior to the issuance of a building permit or other development orders, the provisions of
SeetieR 3.3, Site Development Plans shall be applied to all platted parcels, where
applicable. Should no subdivision ofland occur, SeetieR 3.3 shall be applicable to the
development of all tracts as shown on the PUD Master Plan.
4,6 Provision for Off-Site Removal of Earthen Material
The excavation of earthen material and its stockpiling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted. If, after
consideration offill activities on buildable portions ofthe project site, there is a surplus
of earthen material, offsite disposal is also hereby permitted subject to the following
conditions:
IV-2
(~
,I",
~"
88 '!f4
A. Excavation activities shall comply with the definition of a "Development
Excavation" pursuant to Section 3,5.5.].3 of the LDC, whereby offsite removal
shall not exceed ten (10) percent of the total volwne excavated up to a maximum
of 20,000 cubic yards.
B. A timetable to facilitate said removal shall be submitted to the Development
Services' Manager for approval, Said timetable shall include the length oftimc it
will take to complete said removal, hours of operation and haul routes.
C, All other provisions of Section 3,5 of the LDC are applicable,
4.7 Sunset and Monitoring Provisions
Oak Grove PUD shall be subject to SeetioR 2,7.3.4 of the LDC, Time Limits for
Approved POO Master Plans and SectioR 2,7,3.6 Monitoring Requirements.
4.8 Polling Places
Any community recreation/public building/public room or similar common facility
located within the Oak Grove POO may be used for a polling place, if determined
necessary by the Board of County Commissioners upon recommendation of the
Supervisor of Elections in accordance with Seetion 2.6.30 efthe LDC.
4.9 Native Vegetation
The prajeot willmeot the native 'legetatien re'luirements of Diy is ion 3,9, Vegetatien
Remo'lal, Proteetien amI Preservation of the LDC fer the subjeet preperty. The original
POO provided 5.91 acres of wetland preserve. which included 1.60 acres of native
vegetation. The wetland preserve acreage has been reduced to 4.31 acres. which includes
.43 acres of native vegetation. This reduction of preserve is due to the Livingston Road
Right-of- W ay impact which impacted 1.6 acres of the wetland preservc; of which 1.17
acres of native vegetation was impacted. The native vegetation existing onsite at the
time of developmcnt was 1,60 acres, Therefore. the minimum required native vegetation
preserve is 0.40 acres (1.60 x 25%). The existing 4.31 acre'wctIand preserve will
remam.
4,10 OoenSpace
In addition to the areas designated on the POO Master Plan as buffers and lakes, open
space will be allocated within each subsequent development area. Open space may be in
the form of landscaping, additional buffers, passive or active recreation areas and water
management facilities. The total aggregate of such open space areas shall meet or exceed
the open space requirements ofSoo. 2.6.32-efthe LDC, whioh requires a minimum of
sixty (60) percent for residcntial devclopments. Areas dedicated to Collier County for the
extension of Livingston Road and Blossom Drive maybe counted towards the total open
space requircments should the nced arise.
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4.11 Archaeological Resources
The developer shall be subject to SeetieR 2.2,25,8.1 of the LDC pertaining to
archaeological resources in the event they are contained on the property,
4.12 Common Area Maintenance
Common Area Maintenance, including the maintenance of common facilities, open
spaces, and water management facilities shall be the responsibility of a home owners'
association to be established by the developer.
4.12 Dedication of Public Facilities
Dedication of road right-of-ways and public facilities shall be in accordance with SeetieR
2.2.20.3,7 of the LDC.
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SECTION V
Permitted Uses and Dimensional Standards
5.1 Purpose
The purpose of this Section is to identify permitted uses and development standards for
areas within the Oak Grove PUD designated for residential development on the PUD
Master Plan, Exhibit "A".
5.2 Maximum Dwelling Units
Fin hundreElIlHEl Aft)' (550) Five hundred and twenty-five (525) dwelling units are
permitted within the Oak Grove PUD, based on a density offour (4) dwelling units per
gross acre.
5.3 General Description
The PUD Master Plan designates the following uses for each tract designated on the PUD
Master Plan.
TRACT ACRES USE
I ",8.45 S,F. and Duplex (side by side)
II " 13.60 S,F, and Duplex (side by side)
III + 14,10 ,,20.25 S.F. or M.F.
IV ",8,19 S.F. or M.F.
V ,,15.42 S.F, or M,F,
VI ",13.49 S.F. or M.F.
The approximate acreage of residential tracts is depicted on the PUD Master Plan.
Actual acreage of all development tracts will be provided at the time of Site Development
Plan or Preliminary Subdivision Plat approvals in accordance with f.rtiele 3, DivisioH
3.3, and Division 3.2, respectively, ef the Collier County Land Development Code,
Residential tracts are designed to accommodate internal roadways, open spaces,
recreational amenity areas, water management facilities, and other similar uses found in
residential areas.
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5.4 Permitted Uses and Structures
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
l. Principal Uses:
(a) I Single Family Detached Dwellings
(b) Zero- Lot Line Dwellings
(c) Two-family and Duplex Dwellings
(d) Single Family Attached and Townhouse Dwellings
(e) Multi-family Dwellings, including Garden Apartments
(1) Any other housing type which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible with residential uses.
2. Actessory Uses and Structures
(a) Accessory uses and structures customarily associated with principal
residential uses permitted in this di strict, including recreational facilities,
maintenance facilities and clubhouse.
5.5 Development Standards
l. The following Table I sets forth the development standards for residential areas.
TABLE 1
DEVE),OPMENT STANDARDS FOR RESIDENTIAL AREAS
PERMlITED USES SINGLE FAMlL Y ZERO LOT LINE TWO FAMILY SINGLE FAMlL Y MUL TI-F AMIL Y
AND STANDARDS DETACHED DUPLEX A TI ACHED AND DWELLING
TOWNHOUSE
Minimum Lot Areas 6,000 S.F, 5,000 S.F. per duo 3,500 S.F.'" 3,000 S:f;cr duo 1 AC
Minimum Lot Width 60 50 35 30 150
Front Yard 25 20 20 20 25
Side Yardll) 7.5 (4)OOT 10 o or7.5 00T.5 Bl!' Oor.5BH
Rear Yard PrinciPal 20 JO 20 20 Bll
Rear Yard Acct:Ssorv JO 5 10 10 10
Maximum Building 35 35 35 35 45'
Hei!!ht
Distance Between 15 10 15 5 BJ-/" .5BH
Structures
FloOT Area Min. (SF) 1200 1200 ]200 1000 600
(l).T..ach half of a duplex unit requires a lot ~rea allocation of3,500 S.F. for a total minimum lot 3:ea of7 ,000 S.r.
""'(1') Minimum lot width mav be reduced by 2Q..p_ercent for cui-dc-sac lots provided minimum .Iot area requirement is stil~ maintained.
(l)Accessorv uses such as nool enclosures m~.t.be.attached to prinl;ipal uses,
IOJWhere the zero (O) fee yard option IS utihzed, the opposite side of the strucrure shall have a ten (10) foot side yard. 'Z~~~ (0) feet yards may be
used on either side of a structure provided that ~he opposite tell (10) fOOl side yard is PfOvig_cd .-
(Il-rracts 4(fo.LJr) and 5 (five) afe permitted a maximum _~~!&.ht 01"50 (fifty) feet. ----.-.---
~_;; Building Height -.---- ~.- --
2~.H - Sum of Building Heights ....-..-....-
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2, Zero-Lot. Line dwellings are identified separately from single family detached
dwellings with conventional side yard requirements to distinguish these types for the
purpose of applying Development Standards under Table I. Zero-Lot Line dwelling
shall be defined as any type of detached single family structure employing a zero or
reduced side yard as set forth herein, which conforms to requirements of Collier County
Land Development Code, !.rtiGle 2, DiyisioH 2.8.27,
3, Only one residential dwelling unit type shall be permitted on any tract designated for
residential use. Where diffcrent dwelling unit types are planned on adjoining tracts, they
shall be separated by recreational facilities, common areas, or landscaped buffers.
4. All landscaping shall be in accordance with DivisioA 2.1, Landscaping and Buffering of
the LDC; however, a Type "B" buffer shall be provided on a three foot high undulating
berm along the northern edge of Tracts 1 and Il depicted on the PUD Master Plan to
provide additional screening for adjacent single family uses.
5. Landscaping along the internal access road depicted on the PUD master plan shall
consist of uniform plant material that meets or exceeds the requirements of SostieH 2,1
sf the LDe. Landscaped and signage shall also be uniform at each signature
entranceway into individual tracts, which shall also promote a similar theme throughout
the planned development. The first tract to be developed in Oak Grove shall set forth
the landscaping and signage standards for the internal roadway depicted on the PUD
master plan and entranceway standards.
6. In meeting the perimeter buffer requirements, the existing non-native vegetation/citrus
trees are permitted to be used in meeting the landscape requirements for the subject
property; however, additional supplemental native plantings may be required to achieve
the intent and purpose of SootieR 2.1 of the LDC.
7, Perimeter buffers shall only be required for the boundary of each tract at the time it is
developed, Buffering may be required during the site plan review process of all or
some remaining tracts as determined appropriate by the Development Services
Director, based on the type of use and proximity to residential use.
8. All signage shall be in conformance with DiyisieH 2.5 of the LDe.
9, All parking shall be in conformance with DivisieH 2,}, Off-Street Parking and Loading,
Paved parking is also permitted within thc FP&L easement, subject to their
authorization.
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10, Setbacks shall be measured from the legal boundary of the lot and are inclusive of
easements with the exception of easements that comprise a road right-of-way.
11, Within each individual tract, architectural standards shall be unified with regard to
colors, roof lines, and textures, so as to create a uniform architectural standard for each
individual tract.
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SECTION VI
Environmental Standards
The purpose of this Section is to set forth the environmental commitments of the Project
Developer.
6,1 PetilieJ'ler shall be slIbjeot to the Cellier Cellflty Grewth ManagemeJ'lt Plan Polie)' 12.1.3
eOJ'ltained in the COJ'lservatioJ'l BflS Coastal Managemenl Elemenl (diseevery of a
ar-ehaeologieal er historieal site, artifaot or ether insieator of proservatioJ'l). The original
PUD provided 5,91 acres of wetland preserve. which included 1.60 acres of native
vegetation. The weiland preserve acreage hasJJccn reduced to 4.3] acres, which includes
.43 acres of native vegetation. This reduction of preserve is due to the Livingston Road
Right-of-Wav impact which impacled 1.6 acres of the weiland preserve; of which 1.17
acres of native vegetation was impacted. The native vegetation existing onsite at the
time of development was 1.60 acres. Therefore. the minimum reQuired native vegetation
preserve is 0.40 acres (1.60 x 25%). The existing 4.31 acre wetland preserve will
remaIn.
6.2 Petitioner shall obtain and submit doeumeRtalioR of all Ileeessary Local, State and
Federal permits )lrior 10 eeHlHleReiFlg eeRstruetioll,
8,3 The llflplieant shall be sllbjoot to all environmeRlal enlinanees 11l effect at the time ef
deyelopment oraer approvals,
M A wetland preserve area is located on the PUD Master Plan, along the eastern boundary
of the project and comprises ~ 4.31 acres located outside the Livingston Road Righl-of-Way.
This wetland area is proposed to be enhanced, and fundamentally lcft intact; heweyer, minor
eRereaehmeflts may be permittes, bases en iSGlIaaee ef permitG from LOGal, Stale, ans Federal
weiland permitting agencies,
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SECTION VII
881"'1
Transportation Requirements
The purpose of this Section is to set forth the transportation commitments of the project
development.
7.1 The developer shall provide arterial level street lighting of the project entrance. Said
lighting shall be in place prior to the issuance of any Certificate of Occupancy. This
commitment has been completed.
7.2 The road impact fee shall be as set forth in Ordinance 92-22 as amended, and shall be
paid at the time building permits are issued, unless otherwise approved by the Board of
County Commissioners. The road impact fees were paid at the time of SDP or plat
approval for Bridgewater Bay that is the name of the development occurring in the Oak
Grovc POD,
a) The Oak Grove POD shall reserve a maximum of275 feet along the eastern
boundary of the project for the future widening of Livingston Road and associated
water management requirements in exchange for impact fee credits. The Oak
Grove PUD has conveved 275 feet along the eastern boundary of this POD for the
widening of Livingston Road,
b) Forty feet of right-of-way shall be provided for a portion of Orange Blossom
Drive to be constructed on the subject property as depicted on the POD Master
Plan in exchange for impact fee credits. Forty feet ofright-of-wav has been
dedicated to Collier County for the construction of Orange Blossom Drive on the
subiect propertv and the developer was reimbursed with impact fee credits.
c) Orange Blossom Drive shall be designed and constructed as a minor collector
road within the boundary of the subject property within the 100 feet of right- of-
way to be provided by this and the adjacent property to the south. Orange
Blossom Drive has been constructcd as a minor collector roadway within the
boundary of the subiect propertv and the adiacent property to the south,
ElJ DonatisB efsaiEl Fight of way eaGemeat and tIle ealeH]ation of road impact fee
orenitG sRall be made ia accerdanoe witR the flrElvisions aad fEl~uirements ef
Scotian 2.7.2.8.], "DedieatiEla efthe Pablic Facilities and Dcyclopm0llt of
PresoribenJ.menitieG" af the Collier COliflty Land Developmont Cane BIld tRc
Collier Callat)' Road-Impact Fee Ordinance and shall be subject further to a
Deyelefler ContrilmtieR 1\.grc0lHeat betweeB the developer aHd the Board of
bOWlty Commissianers. Thc donation of the right-of-wav eascment and the
calculation of road impact credits were made pursuant to thc requirements of the
LDC.
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7.3 Internal access improvements shall not be subject to impact fee credits and shall be in
place before any certificates of occupancy are issued,
7.4 All traffic eBRtrol de'lises IiseEl shall ceRform wita tae MaRtial Oa Uaiferm Traffic
CBatrel De'tices as reElllireEls)' Chapter 3 ](;.9715, Florida Statutes. A PUD
buildoutlcloseout determination shall bc filed for the Oak Grove PUD prior to issuance of
Certificates of Occupancv for lands that were removed from this PUD and comprising +/_
6 acres located in the southwest corner and incornorated into the Siena Lakes CCRC
CrUD.
7.5 Connections onto Livingston Road:
a) All median openings and driveway locations shall be in accordance with the Collier
County Land Development Code and Access Management Policy, as they may be
amended. Median access and control shall remain under County control unless
established via a right-of-way agreement between the Board of County
Commissioners and the developer.
+.fJ la the 8'I'8Ht that access is aBt il'/ailaale to Liviagstoa Reae BY tae cemmeHcemeHt date
fBr cBastflletioa, aSBess is permitted frBm Onmge BlossBm DfiVB,
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SECTION VIII
Utility and Engineering Requirements
The purpose of this Section is to set forth the utilities and engineering commitments of the
proj ect developer.
8.1 Utilities
A. Water distribution, sewage collection and transmission and interim water
and/or sewage treatment facilities to serve the project are to be designed,
constructed, conveyed, owned and maintained in accordancc with Collier
County Ordinance No. 88-76, as amended, and othcr applicable County rules
and regulations,
B. All customers connecting to the water distribution and sewage collection
facilities to be constructed will be customers of the County and will be
billed by the County in accordance with the County's cstablished rates,
Should thc County not be in a position to provide sewer service to the
project, the sewer customers shall be customers of the interim utility
established to serve the project until the County's offsite sewer facilities are
available to serve the project.
C. Prior to approval of construction documents by the County, the developer
must present verification, pursuant to Chapter 367, Florida Statutes, that the
Florida Public Service Commission has granted territorial rights to the
developer to provide sewer service to the project until the County can
provide these services through its sewer facilities.
0, The utility construction documents for the projects sewerage system shall be
prepared to contain the design and construction of an on site force main,
which will ultimately connect the projcct to the future central sewerage
facilities of Collier County. The force main must be interconnected to the
pump station with appropriately located valves to permit for simple
redirection of the project's sewage, when connection to the County's central
sewer facilities becomes available,
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E. Prior to or at the time of submission of construction plan and final plat for the
project, the potable water supply from the Collier County Water-Sewer
District to serve this project shall be installed adjacent to the property and be
in service.
8.2 Engjneering
A. Detailed paving, grading, site drainage and utility plans shall be
submitted to the Development Services Department for review. No
construction permits shall be issued unless detailcd paving, grading, site
drainage and utility plans shall be submitted to the and until approval of
the proposed construction, in accordance with the submitted plans, is
granted by the Development Services Department.
B. Design and construction of all improvements shall be subj ect to compliance
with the appropriate provisions of the Collier County LDC.
C. Subdivision of the site shall require platting in accordance with SeclioR 3.2
efthe LDC to define the right-of-way and tracts shown on the PUD Master
Plan.
D, The developer and all subsequent owners of this project shall be required to
satisfY the requirements of all County ordinances or codes in effect prior to
or concurrent with any subsequent development order relating to this site,
including but not limited to Preliminary Subdivision Plats, Site
Development Plans and any other applications that will result in the
issuance of a final development order.
E, The development will provide adequate right-of-way for future turn lanes at
the project entrance to Orange Blossom Drive and the design will be
coordinated with the Office of Capital Projects Management.
F. The development shall convey fee simple right-of-way to the County for
both l.ivingston Road and Orange Blossom Drive prior to the receipt of any
development order for construction activities.
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SECTION IX
Water Management Requirements
I
The purpose of this Section is to set forth the utilities and engineering commitments of the
project developer.
9.1 Detailed paving, grading and site drainage plans shall be submitted to the Development
Services Department for review, No construction permits shall be issued unless and until
approval of the proposed construction, in accordance with the submitted plans, is granted by
the Development Services Department.
9.2 Design and construction of all improvements shall be subject to compliance with the
appropriate provisions of the Collier County LDC, except that excavation for water
management features shall be allowed within twenty (20) feet from side, rear or abutting
property lines with side, rear or abutting property lines fenced,
9.3 Landscaping may be placed within the water management area in compliance with the
criteria established within Section 2.4.7.3 of the LDC,
9,4 The wet season water table elevation shall be established at the time of South Florida Water
Management District permitting, which is required for the subject property,
9.5 The conveyance swale from the water control structure to the D-2 canal shall be within a
drainage easement to be recorded prior to approval of the first development order,
9.6 At time of development plan submitted, "Typical Lake Section" shall be revised to show
the 2: I breakpoint at 3' below low-water level, not 3' below control as shown.
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EXHIBIT B
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN AND BEING A PART OF SECTION I, TOWNSHIP 49 SOUTH,
RANGE 25 EAST,' COLLIER COUNTY, FLORIDA AND BEING MORE PARTlCULARL Y
DESCRIBED AS FOLLOWS
BEGINNING AT THE WEST 1/4 CORNER OF SECTION 6, SAID POINT BEING THE EAST 1/4
CORNER OF SECTION 1. TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY. FLORIDA;
THENCE ALONG THE THE EAST LINE OF THE NORTHEAST 1/4 OF SECTION 1 NORTH
02'-O~l'-56" WEST 158597 FEET TO THE SOUTH LINE OF THE NORTH 1/2 OF THE
NORTHEAST 1 /4 OF SAID SECTION I.
THENCE ALONG SAID SOUTH LINE NORTH 89'-23'-4.3" WEST 270152 FEET TO A POINT,
ON THE EAST LINE OF LAKESIDE OF NAPLES AT CiTRUS GREENS ACCORDING
TO Pt A T BOOK IS, PAGE 8.3 - 88 PUBLIC F!LCORDS, COLLIER COUNTY, FLORIDA
THENCE ALONG SAID EAST LINE SOUTH 02'-49'-35"' EAST 1589,11 FEET TO THE
SOUTHEAST CORNlR OF SAID LAKESIDE OF NAPLES AT CITRUS GREENS;
THENCF: ALONG THE SOUTH LINE OF SAID LAKESIDE OF NAPLES A T CITRUS GREENS NORTH
89'-28'-42" WEST 1.37.24 FEET ro THE NORTHEAST CORNER OF THE
EAST 1/2 OF [HE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION I. TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA.
THENCE ALONG THE EAST LINE OF SAID PARCEL SOUTH 02'-47'-38"' EAST 51864 FEET
TO THE NORTHWEST CORNER OF A PARCEL OF LAND OWNED BY THE FIRST
BAPTIST CHURCH OF NAPlES AS SHOWN ON A SURVEY BY CAROL E. NELSON, PL.S.
DATED FEBRUARY 10, 1996, PROJECT NO. SI T49R25:
THENCE ALOI~G THE NOflTH LINE OF SAID PARCEL SOUTH 89'-26'-34" EAST 279887
FEET TO A POINT ON THE EASf LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 1;
THENCE AL.ONG SAID LAST LINE NORTH 00'-43'-57" WEST 51775 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBFa;
CON TAINING UI 3 ACRES MORE OR LESS;
~ ""I
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Patricia L. Morgan
~"8B
From:
Sent:
To:
Subject:
Attachments:
RamirezHeather [HeatherRamirez@colliergov.net]
Thursday, November 05,200910:56 AM
Minutes and Records
PUDA-2008-AR-14090
PUDA-2008-AR-14090 Legal Ad,pdf; PUDA-2008-AR-14090 Ordinance,pdf
Here is the first legal ad and ordinance for the December I st Advertising,
Heather L. Ramirez
Planning Technician
Zoning & Land Development Review
2800 N. Horseshoe Drive
Naples, FL 34104
(239)252-2930
cO~l' Cmmty
~,~_w_-,--_,
~8B
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Acct. #068779
November 5,2009
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, FL 34110
RE: PUDA-2008-AR-14090, Oak Grove PUD
Dear Legals:
Please advertise the above referenced petition on Sunday, November 15, 2009, and
kindly send the Affidavit of Publication, in duplicate, together with charges involved
to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.o. #4500096189
88
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NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, December 1, 2009, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 98-71, OAK GROVE, A
PLANNED UNIT DEVELOPMENT (PUD), PROVIDING FOR AMENDMENT TO
EXHIBIT A, THE PUD DOCUMENT, TO REMOVE 6.13 ACRES FROM THE PUD;
PROVIDING FOR AMENDMENTS TO ADD MAP OF EXISTING CONDITIONS;
PROVIDING FOR AMENDMENTS TO THE LEGAL DESCRIPTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
PETITION: PUDA-2008-AR-14090, LCS-Westminster Naples, LLC, represented
by Robert Duane, AICP, of Hole Montes, Inc. and Richard D. Yovanovich,
Esq., of Coleman, Yovanovich and Koester, is requesting an amendment
to the Oak Grove PUD (Ordinance No. 98-71) to delete approximately
6.13 acres. The subject property is located in Section 1, Township 49
South, Range 25 East, Collier County, Florida (Companion item to PUDZ-
2008-AR-14091 and PUDA-2008-AR-14092)
A copy of the proposed Ordinance is on
Board and is available for inspection.
invited to attend and be heard.
file with the Clerk to the
All interested parties are
NOTE: All persons wishing to speak on any agenda item must register
with the County Manager prior to presentation of the agenda item to be
addressed. Individual speakers will be limited to 5 minutes on any
item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
8B
record includes the testimony and evidence upon which the appeal is
based.
If you are a person with disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 3301
Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380.
Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
eONpfyofCollier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY .cOURTHOUSE
3301 TAMIAMl TRAIL EAST
P.O. BOX 413044
NAPLES. FLORIDA 34lO1-3044
.;8B
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
~ovember5,2009
Coleman, Yovanovich and Koester, PA
Richard Yovanovich, P. A.
4001 Tamiami Trail
Suite 300
~aples, FL 34103
RE: PUDA-2008-AR-14090: Oak Grove PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, December 1, 2009 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 15,
2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~,UU~
Deputy Clerk
Enclosure
Phone (239) 252-2646
Wcbsite: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Dwight E. Brock
Clerk of Courts
cmmt)i of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMJAMI TRAIL EAST
PO. BOX 413044
NAPLES, FLORIDA 34101-3044
t 88
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 5, 2009
Hole Montes, lnc,
Robert L. Duane, AlCP
950 Encore Way
Naples, FL 34109
RE: PUDA-2008-AR-14090: Oak Grove PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, December 1,2009 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 15,
2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Martha Vergara,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Websitc: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Dwight E. Brock
Clerk of Courts
COtlnfyofCollier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMl TRAIL EAST
PO, BOX 413044
NAPLES, FLORIDA 34101-3044
88
"I
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 5, 2009
LCS Development LLC
400 Locust St.
Suite 820
Des Moines, IA 50309
RE: PUDA-2008-AR-14090: Oak Grove PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, December 1, 2009 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 15,
2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Martha S. Vergara
88
!' ,
From:
Sent:
To:
Subject:
Attachments:
postmaster@collierclerk.com
Friday, November 06, 2009 2:38 PM
Martha S. Vergara
Delivery Status Notification (Relay)
ATT124011.txt; PUDA-2008-AR-14090, Oak Grove PUD
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals~naplesnews.com
1
8B
Martha S. Vergara
From:
Sent:
To:
Subject:
Attachments:
Martha S. Vergara
Friday, November 06, 2009 2:38 PM
Naples Daily News Legals
PUDA-2008-AR-14090, Oak Grove PUD
PUDA-2008-AR-14090 (Oak Grove PUD).doc; PUDA-2008-AR-14090 -Oak Grove PUD.dot
Lega Is,
Please advertise the following attached ad on Sunday, November 15, 2009.
5end an ok when you receive,
Thanks,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(martha. verqara@lcollierclerk.com)
1
Martha S. Vergara
8JI
II
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews.com]
Monday, November 09, 2009 1: 12 PM
Martha S. Vergara
RE: PUDA-2008-AR-14090. Oak Grove PUD
ok
From: Martha S. Vergara [mailto:Martha,Vergara@collierclerk.com]
Posted At: Friday, November 06, 2009 2:38 PM
Posted To: Legals - NDN
Conversation: PUDA-2008-AR-14090, Oak Grove PUD
Subject: PUDA-2008-AR-14090, Oak Grove PUD
Legals,
Please advertise the following attached ad on Sunday, November 1S, 2009.
Send an ok when you receive,
Thanks,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(ma rtha. verqara@collierclerk,com)
Under Florida low, e-mail addresses are public records. If you do not want your e-mail address released in response to a public
records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
8B
Martha S. Vergara
From:
Sent:
To:
Subject:
Naples Daily News [naplesnews@clicknbuy.com]
Sunday, November 15, 2009 12:10 AM
Martha S. Vergara
Thank you for placing your classified advertisement.
Ad # 1825429
Thank you for placing your classified advertisement.
The following represents the current text of your advertisement:
NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, December I,
2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East
Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County
Ordinance, The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 98-71, OAK GROVE, A PLANNED UNIT DEVELOPMENT (PUD),
PROVIDING FOR AMENDMENT TO EXHIBIT A, THE PUD DOCUMENT, TO REMOVE 6,13 ACRES
FROM THE PUD; PROVIDING FOR AMENDMENTS TO ADD MAP OF EXISTING CONDITIONS;
PROVIDING FOR AMENDMENTS TO THE LEGAL DESCRIPTION; AND PROVIDING FOR AN
EFFECTIVE DATE. PETITION: PUDA-2008-AR-14090, LCSWestminsterNaples, LLC, represented by
Robert Duane, AICP, of Hole Montes, Inc. and Richard D. Yovanovich, Esq" of Coleman, Yovanovich and
Koester, is requesting an amendment to the Oak Grove PUD (Ordinance No. 98-71) to delete approximately
6.13 acres. The subject property is located in Section I, Township 49 South, Range 25 East, Collier County,
Florida (Companion item to PUDZ-2008-ARI4091 and PUDA-2008-AR-14092) A copy of the proposed
Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited
to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County
Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5
minutes on any item. The selection of an individual to speak on behalf of an organization or group is
encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10
minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective public hearing, In any case,
written materials intended to be considered by the Board shall be submitted to the appropriate County staff a
minimum of seven days prior to the public hearing. All material used in presentations before the Board will
become a permanent part of the record. Any person who decides to appeal a decision ofthe Board will need a
record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you
are a person with disability who needs any accommodation in order to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain assistance, Please contact the Collier County Facilities
Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-
8380. Assisted listening devices for the hearing impaired are available in thc County Commissioners' Office,
BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN
DWIGHT E, BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) November 15, 2009 Nol825429
You also have the exciting option to enhance your online advertisement with extended text, photos and even
multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of online
shoppers that visit our classified section every day, You can also choose to add shipping and delivery options
1
Naples Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
--------------------------------------------------+----
BCC/ZONING DEPARTMENT
CLERK OF CIRCUIT CRT
SARA SCHNEEBERGER
POBOX 413044
NAPLES FL 34101
REFERENCE: 068779
59596732
P.O. #4500096189
NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor and Vice President of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that he has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 11/15 11/15
AD SPACE:
FILED ON:
79 LINE
11/16/09
88
'_Of~cilHsI""
;.,:~-,
~De~~~i=~~n~~~:
-~,:-"d-~.~__ti-~~-~ulld*
.~~~:'IMi'l^1I1e1'lt eM.
ter, 3:J01 Elst Tamlarni Trail, Naples,
F"-'rin, tl}e~rd of County C(K'Rmls-
sloners will <bM"'" the ",.cement of
:O~~A.:e-~~~~ew~t- - --
the ptoposed Ordlna~ Is as follows:
AN . ORDI m{.JoARO 'OF
COU,OF CQt.UEIl;
CO G 'ORDle
-..
INT
Nt.
'THi
-
NTS
;''<;ANO
PROVlDI~ ~ '0"".
F'elrtlOH:, - PUDA.2Q08.AR.14090, LCs..
Watmtl:llhr N8p1es..lLC.. fePr!$!nted
by Robert -Qu,t'-'f. 'AIc;P,., inHale Mon-
tes.IM"ati(t -_~D; Yovanovlcnl
Eictl..Of-~-Y~a.tovkhana
K~. Is ~.Iln .amendment
!'l:!- Oak GrQvii Pllb: (Ordinarn:e No.
~,)to,..letea~ately6.13
acres. ThisUbj,ect. - -property,' ',_ Is located
in Section 1,_~-49 South,
~-l5 East.. _-~ Cot.mtv, Florida
(~_.. PUl>Z',oGI-AR.
1409t ana PUDA.2Q08..AA,-14092)
A copy 'of; the pro~ Ordinance is
on flfe- with the Oei'k to the'Soard and
IsavallablefGrin~.Allinterest.
ed perties are Invited to attend and be
heard.
NOTE: All pel'lOfIS wishing to speak
on lHlY agenda, Item must register with
the, Cougty 'Manager prior to presen-
triOrl, of: the agei1da Item .tobe ad,
dfeMledi "lncllvlau,tl spqkers will be
UmtU!d to 5 nunuteNH\ ." item. The
seledl.on of anindJwldufltos~" on
=..:.rn ~..".\ 'I\;"~"::
ChaI~ a spok~for agroup
er ~', mwbea/lotted 10
ml~~_JPMlt:<<t.lTttem. '
f:.~~
In anYt:aH,Wf'lttenmaterlals intended
to beCOf'JSIdered: by the Board shall be
~m~ to the appropriate County
::ff~=:sex;l\:=i~i~
In preSentatlolillSefore the Soard Vim
become .pe""-nent' part of the re-
""'..
Any person whQ ~to aPiMa! a
decisIOn Of thf :Ioard wilt' need are.
cordofthe-,~,~rtalning
thereto an(f ttitfefare, may need to
ensurethit..VefbetfM, rKatdQf the
procHdlngs It '",edt, 'Whidl record In-
dudes tl1e tfl'tlmorw and evidence
upon which theappearls NIed. .
If ,au are tI, pltl'JOn ,witbdlsabiltty who
neitdS anY'la:~n In order to
Pllrtieip,lte In this proceeding, you are
~~. 8too cost to you, to the prQ-
."ot'*tiln assIstlnce, Please con-
tICf; '1:htCt!lllief'Coul'ltY. 'Iities Man-
.. ,'.. .. ..... ",rt:,i
Ass, th:Je.r-,
I""" In, the
::~~::~~:-~:-~::::~:--~t?-~-~-----------+----
Sworn to and Subscribed before me this ~0-\!'\. day of IYhut:IMOe.
Personally known by me
~
200G\
"~m'~~~V'!~;;:;:-> KAROL E KANGAS
L :. . ~ Notary Public. State of Florida
~<II... .. ,,$ My Comm, Expires Ju129, 2013
"'''''::'~OfH(~~'~ Commission # DD 912237
.".",.,
Signature of Affiant (
Sworn to and Subscribed before me this ;)0-\-,,- day of l\lou-eW'\'o-cv 20 OC\.
r
Naples Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
--------------------------------------------------+---
BCC/ZONING DEPARTMENT
CLERK OF CIRCUIT CRT
SARA SCHNEEBERGER
POBOX 413044
NAPLES FL 34101
REFERENCE: 068779
59596732
P.O. #4500096189
NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor and Vice President of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that he has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 11/15 11/15
AD SPACE:
FILED ON:
79 LINE
11/16/09
--------------------------------------------------+----
Personally known by me
88
\'
'~~8i~
~~1if.a!~'ii
::'I~'>il..:.;...;;l an-
ter, 3301 ellSt Tamlam! Trfll, Naplft.
FfQ{Id8, t!\e Board. of Countv Commjl.
sloneB ~:<:brW.ldlr_"'itctmttIt of
a Col,lntf:~.' The'meeting,wtll _ __
commtnce at 9;00 A.M. The title of
the proposed Ordinance ISBS follows:
AN 0Re1 .,:1IiQARD OF
CO;~:~PUIER
CO 'ORDI-
-,
1
'NOI-
,""
AND
PROVIDING bATE.
PEllTIQft., ,PUDA-20CJ&.AM4090, LC$-
w_ ~ 1.Lc, ......."'..
by ~1)Uloe',:Al(P. ,of, ' Hole Mqn-
tes, ~,<~"RIdrtrd;O:, Yovenovk:h{
Esq;. ::'9fJ' "'" YovMqvich ana
KriIr' . i5 -1;8<1 " ,an AAJendment
to. Oak I..ov.: . JOrdintnce No.
98m to.:;tftIete apt)f(!Ximatelv 6.13
1CN5."The,.>tiA)jecl~,_, ',' Is focated
in.Sel;tiorl"1, ,,' ,,49 Sovth,
i5:Z$ East,~, r:otJm:Y. Florida
(' ", '_ to PUDr-.2008-AR-
1409 .00 PUDA~2OOB-AR"14(92) .
A topy Of the '1Il'ODr:IW6 OoInance is
on file with the tJeik to the 80ard and
Is available for inspectlon,Alllnterest-
eel parties are Invited to attend and be
heard. .
NOTE: AU, perIOm wishing to speak
on .t:lY .nda Item must register with
~~M=:a'P:~ \~"~es:~:
dl'"i!tk,"lndlvlau.1 ,~,Will be
l~ to 5 mlnutel on ,~, Ittm. The
~of'anlndtYiduJl to .ak on
.1J:ill~
?>lo;\Yfltte" ~,
~"",- "',,:' \.~'-,' "~,u~~
sakI" '" a ' ,wet.b
rnrrny .~.:::n~aterlats inte:d":i
to bt,(~ by the Board shall be
su~tq ,the aptn'Oprl/lte County
staff a riUnlmu..m of $INtn;.;...~for to
::;ep~:tt;.~d~
become I:pertfttnd, patt. of the re-
cord. .
A.". "'_ whO ~ \0 ",...1 '.
~ of tht:.oard wiflneed a re-
cordGf,the~'::pertainlng
thereto and 00im<:il't, may need to
ensure ~.a ~lm rJCOrd of the
ph....AtJ4.l:f;m*lirhkh'reco_rdln-
dudes ,ttUe tesdmciiw and evidence
upon which the appeafls based.
If yo~ are ltpersOn wttb, disabllitll' who
needS'IIlY ~tion In onIer to
P' 'in this proceeding. you are
"no con to you, to the pro-
t~lnasslstante.Pleasecon-
ler Col,i~ . ~;;i
w,
"""'"''
..~'t~,.I>Y 1>v09;".,... KAROL E KANGAS
[<if.1t .;e>\ Notary Public _ State of Florida
~: : :j My Comm. Expires Jui 29, 2013
..... ~,
"'~~::("on,-q~",:.~" Commission :/I DO 912237
"''''''''
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ~8 B
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ~J'
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Ofticc. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, andlor information needed. If the document is already complete with the
excention of the Chairman's siQ:nature, draw a line throu.r;~h routim~ lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5),
Route to Addressee(s) Office Initials Date
(List in routing order)
I. Judy Puig CDES Administration ~ I':;') II 07
2.
3.
4,
5 Ian Mitchell, Supervisor, BCC Office Board of County ! \'lh I
Commissioners /t/'- i 09-
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact stafTfor additional or missing
infonnation. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the BCe has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Number of Original
Documents Attached
~6
I
Yes
(Initial)
N/A(Not
A licable)
;T.
Phone Number
I: Fonns/ County Fonns/ Bee Fonns/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Agenda Item Number
--'b
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a TO riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is ap licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of Bee approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be awa e f our deadlines!
The document was approved by the Bee on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
MEMORANDUM
Date:
December 11, 2009
To:
John-David Moss, Principal Planner
Zoning and Land Development Review
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinances 2009-65, 2009-66 and 2009-67
Enclosed please find one (1) copy of the document as referenced above,
(Agenda Item #8A, #8B and #8C), which was adopted by the Board of
County Commissioners on Tuesday, December 1, 2009.
If you have any questions, please call me at 252-8411.
Thank you.
Enclosure
,8B
~ 88
MEMORANDUM
Date:
December 11, 2009
To:
Larry Lawrence
Property Appraiser
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinances: 2009-62,2009-63,2009-65,
2009-66,2009-67,2009-68 and 2009-69
Attached, for your records you will find one (1) copy of the documents
referenced above, adopted by the Board of County Commissioners on
Tuesday, December 1, 2009.
If you should have any questions, please call me at 252-8411.
Thank you.
Attachments
8 B ~.'~
ORDINANCE NO. 09- 66
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE
NUMBER 98-71, OAK GROVE, A PLANNED UNIT DEVELOPMENT
(PUD), PROVIDING FOR AMENDMENT TO EXHIBIT A, THE PUD
DOCUMENT, TO REMOVE 6.13 ACRES FROM THE PUD;
PROVIDING FOR AMENDMENTS TO ADD MAP OF EXISTING
CONDITIONS; PROVIDING FOR AMENDMENTS TO THE LEGAL
DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on September 8, 1998, The Board of County Commissioners approved
Ordinance Number 98-71, which established Oak Grove, a Planned Unit Development (PUD)
zoning classification; and
WHEREAS, LCS-Westminster Naples LLC, represented by Robert L. Duane, of Hole
Montes, lnc" and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A.,
petitioned the Board of County Commissioners to amend the Oak Grove PUD,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLI.lER COUNTY, FLORIDA that:
SECTION I: AMENDMENTS TO EXHIBIT A, THE PUD DOCUMENT, OF ORDINANCE
NUMBER 98-71, THE OAK GROVE PUD
Exhibit A, the Development Plan document (hereafter "Development Plan"), to Ordinance
Number 98-71 is hereby amended and superseded by Exhibit A attached hereto,
SECTION II: ADD EXHIBIT A-I, MAP OF EXISTING CONDITIONS
Exhibit A-I, Map of Existing Conditions. is hereby added to the Development Plan and attached
hereto and incorporated by reference herein.
SECTION Ill:
AMENDMENTS TO THE LEGAL DESCRIPTION
The Legal Description, Exhibit B of the Development Plan, is hereby replaced with a new Legal
Description, attached hereto and incorporated by reference herein,
PUDA-2008-AR-14090
REV, 7/30/09
Page 1 of2
8B
SECTION IV: 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
Commissioners of Collier County, Florida, this / Sf- day of ~mbJ,.( ,2009.
/'
" ..
," 'C,'l ..
ATT~:"..,,,..t"" c.
D~~lIt E, B~'~'.;CLERK
-~.) : " .....;: .
BOARD OF COUNTY COMMISSIONERS
COLL~ COUNTY, FLORIDA
I I '
J.. .f /1
, ~ <:::>if4:.k{.(
BY: ,
DONNA FIALA, Chairman
Approved as to form and legal
sufficiency:
~ ~s~ln_!lo Ur cJ
Section Chief, Land Use/Transportation
CPI09.CPS.0092\ \21
PUDA.2008.AR.14090
REV, 7/30/09
Page 2 of2
88
'. ,
OAK GROVE
A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
EXHIBIT A
Prepared by:
HOLE, MONTES AND ASSOCIATES, INC.
715 Tenth Street South
Naples, Florida 34102
August, 1998
HMA File No. 98.25
REVISED MAY 2009
BY:
HOLE MONTES, INe.
950 ENCORE WAY
NAPLES. FL34110
HM FILE No, 2007.115
And
Goodlette, Coleman, Johnson. Yovanovich & Koester, P.A.
4001 Tamiami Trail North. Suite 300
Naples, Florida 34103
i
,l\
88
TABLE OF CONTENTS
Page
SECTION I - Statement of Compliance.. .. .......................................... .............-1- I-I
SECTION II - Property Ownership, Legal Description and Short Title",.""... ..........J II-I
SECTION III - Statement of Intent and Project Description......................... .........4 III-I
SECTION N - General Development Regulations.........................."".,.., ..........~ IV-l
SECTION V - Permitted Uses and Dimensional Standards.... ...................... ..........9-V-l
SECTION VI - Environmental Standards........ ................ ........................" ... ...-h>-VI-l
SECTION VII - Transportation Requirements......,...,. ..............................................+4-VII-I
SECTION Vlll- Utility and Engineering Requirements.,.....,...... ............................+6-VIII-l
SECTION IX - Water Management Requirements.,.,...,.,.,.. ...................................,-l& lX-l
EXHIBITS
Exhibit A - POD Master Plan
Exhibit A-I - Oak Grove Existing Conditions (added as part of 9115/09 PUD amendment to
reflect as-built conditions on the site)
Exhibit B - Legal Description
r~
0'
8B
SECTION I
Statement of Compliance
The development of approximately 137.13 131.3 acres of property in Collier County, as a
Planned Unit Development, to be known as Oak Grove, will be in compliance with the goals,
objectives and policies of Collier County as set forth in the Growth Management Plan. The
residential and recreational facilities of Oak Grove will be consistent with growth policies, land
development regulations, and applicable comprehensive planning objectives of each of the
elements of the Growth Management Plan for the following reasons:
I. The subject property is within the Urban Mixed Use Residential Land Use Designation as
identified on the Future Land Use Map as required in Objeetive I, Poliey 5.1 and 5.3 of
the Future Land Use Element.
2. The Urban Mixed Use Residential designation is intended to provide locations for the
development of higher densities and intensities ofland use and permits up to four (4)
dwelling units per acre, Therefore, the proposed five huadred aIld fifty (550) five
hundred and twentv-five (525) dwelling units are consistent with the Collier County
Growth Management Plan, based on (137.13) (131.3) acres x four (4) dwelling units per
acre.
3. The subject property's location in relation to the existing or proposed community
facilities and services permits the development's residential density as required in
Objecti',e 2 of the Future Land Use Element.
4, The project development is compatible and complementary to existing and future
surrounding land uses as required in Po lie)' 5.1 of the Future Land Use Element.
5. Improvements are planned to be in compliance with applicable land development
regulations as set forth in Objective 3 ofthe Future Land Use Element.
6. The project development will result in an efficient and economical extension of
community facilities and services as required in Policies 3.1H and L of the Future Land
Use Element.
7. The project development is planned to incorporate natural systems for water management
in accordance with their natural functions and capabilities as may be required in
forthcoming regulations required by Objective 1.5 efthe Drainage Sub-Element of the
Public Facilities Element.
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8. Provisions have been included within the PUD Document to provide two means of
ingress and egress from Orange Blossom Drive and Livingston Road to the project. The
proposed extension of these roadways will assure adequate traffic circulation and non-
substantial impacts to the existing and proposed traffic network ofthe area.
9. All final Development Orders for this project are subject to the Collier County
Concurrency Management System, as implemented by the Adequate Public Facilities
Ordinance,
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SECTION II
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Property Legal Description and Short Title
2.1 Property Ownership
Following the approval of this rezoning request, +!Je the subject property is currently
tlRder a contract for sale to Mark Bates at the time of this rezoning request. will be
comprised of the owners of the 524 dwelling units that have been built in the Oak Grove
POD and one dwelling unit that remains to be built,
2.2 Legal Description
Being a part of Section I, Township 49 South, Range 25 East, Collier County, Florida,
and, more particularly, described in Exhibit "B".
2.3 General Description of Property
The property is located approximately one-half mile east of Airport Road and one and
one-half miles north of Pine Ridge Road along the pr-oposed extension of Livingston
Road. The zoning of the subject property prior to the application of zoning is RHFal
.^.griculture (A) the Oak Grove PUD,
Phvsical Description
The drainage plan for the Oak Grove POD will consist of five (5) drainage basins and
five lakes. Lake I, the largest of the new lakes, will incorporate the existing 1.96 acre
lake immediately adjacent to the existing wetland lake. It will serve as the most
downstream lake with Water Control Structure 4 serving as the outfall for the entire
project. Control Structure 4 will discharge into Canal D-2, which is the storm water
receiving body under pre-developed conditions. Existing site elevations vary from 11.5
to 12.5 NGVD, Soil types on site are: (3) molsbar fine sand, (16) oldsmar fine sand,
(25) Boca Riviera, Limestone Sub-Stratum and Copeland Fine Sand Depression and (25)
Holopaw Fine Sand. The property is located in Flood Zone X.
Short Title
This ordinance shall be known and cited as the "Oak Grove Planned Unit Development
Ordinance".
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SECTION III
Statement of Intent and Project Description
3.1 Introduction
It is the intent of this ordinance to establish a Planned Unit Development meeting the
requirements as set forth in the Collier County Land Development Code (LDC) that will
permit five hundred afld fifty (550) five hundred and twenty-five (525) dwelling units for
the subject property. The purpose ofthis document is to set forth guidelines for the future
development of the project that meet accepted planning principles and practices, and to
implement the Collier County Growth Management Plan.
3,2 Proiect Description
The project is comprised of 137.13 131.3 acres located within the northern half of Section
I, Township 49 South, Range 25 East, approximately one-half mile east of Airport Road
and one and one-half miles north of Pine Ridge Road.
Access to Oak Grove is provided from both Orange Blossom Driye, presently a sixty (60)
foot right-of-way, running west to a median opening at Airport Road that is proposed to be
extended through the subject property and the adjacent property to the south to intersect
with Livingston Road. Access is also proposed from Livingston Road, running south to
its intersection with Pine Ridge Road for which the project will dedicate 275 feet of
R,O,W. or ole 13.29 acres. The project will provide for a range of housing types, including
single family and multi-family development at four (4) dwelling units per acre.
3.3 Land Use Plan and Proiect Phasing
A. The PUD Master Plan contains a total of six (6) tracts consisting of development
areas and three (3) tracts one development area that provides for single family,
duplex, multi-family and clubhouse recreational areas consisting of wetlands,
open spaces, lakes, and street right-of-way, The Master Plan is designed to be
flexible with regard to the placement of buildings, tracts and related utilities and
water management facilities. Morc specific commitments will be made at the
time of site development plan and permitting approval, based on compliance with
all applicable requirements of this ordinance, the LDC and Local, State and
Federal pemlitting requirements. All tracts may be combined or developed
separately subject to compliance with the applicable dimensional requirements
contained within this document.
B. The anticipated time of build out oftlle project is approximately five (5) years
from the time of issuance of the first building permit. The proiect is essentially
built out at the time ofthis application for a rezoning request.
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SECTION IV
General Development Regulations
The purpose of this Section is to set forth the development regulations that may be applied
generally to the development of the Oak Grove Planned Unit Development and Master Plan.
4.1 General
The following are general provisions applicable to the PUD Master Plan.
A. Regulations for development of the Oak Grove PUD shall be in accordance with
the contents ofthis document, the PUD-Planned Unit Development District and
other applicable sections and parts of the Collier County Land Development Code
(LDC) and Growth Management Plan in effect at the time of issuance of any
development order to which said regulations relate which authorizes the
construction of improvements. The developer, his successor or assignee, agree to
follow the PUD Master Plan and the regulations of this PUD as adopted and any
other conditions or modifications as may be agreed to in the rezoning of the
property. In addition, any successor in title or assignee is subject to the
commitments within this agreement.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the LDC in effect at the time of building permit
application.
C. All conditions imposed and all graphic material presented depicting restrictions
for the development of the Oak Grove PUD shall become part of the regulations
which govern the manner in which this site may be developed.
D. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Diy. 3,15 Adequate Public Facilities
of the LDC at the earliest or next to occur of either final SDP approval, final plat
approval, or building permit issuance applicable to this development.
E. Unless specifically waived through any variance or waiver provisions from any
other applicable regulations, the provisions of those regulations not otherwise
provided for in this PUD remain in full force and effect.
4.2 Site Clearing and Drainage
Clearing, grading, earthwork, and site drainage work shall be performed in accordance
with the Collier County LDC and the standards and commitments of this document at the
time of construction plan approval.
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4.3 Easements for Utilities
Easements, where required, shall be provided for water management areas, utilities and
other purposes as may be required by Collier County, All necessary easements,
dedications or othcr instruments shall be granted to ensure the continued operation and
maintenance of all services and utilities. This will be in compliance with applicable
regulations in effect at the time construction plans and plat approvals are requested.
4.4 Amendments to the Ordinance
The proposed PUD Master Plan is conceptual in nature and subject to change within the
context of the development standards contained in this ordinance.
Amendments to this Ordinance and POO Master Plan shall be made pursuant to SectioH
2.7.3.5 of the Collier County LDC, as revised, in effect at the time the amendment is
requested.
4.5 Proiect Plan Approval ReQuirements
Exhibit "A", the PUD Master Plan, constitutes the required PUD Development Plan.
Subsequent to, or concurrent with PUD approval, a Preliminary Subdivision Plat (if
required) shall be submitted for the entire area covered by the PUD Master Plan. All
division of property and the development of the land shall be in compliance with the
subdivision regulations set forth in SectioH 3.2 of the LDC.
Prior to the recording of the final subdivision plat, when required by the Subdivision
Regulations set forth in Section 3.2 of the LDC, final plans of the required improvements
shall receive the approval of all appropriate Collier County governmental agencies to
ensure compliance with the PUD Mastcr Plan, the County Subdivision Regulations and
the platting laws of the State of Florida.
Prior to the issuance of a building permit or other development orders, the provisions of
Section 3,3, Site Development Plans shall be applied to all platted parcels, where
applicable. Should no subdivision ofland occur, Section 3,3 shall be applicable to the
development of all tracts as shown on the PUD Master Plan.
4.6 Provision for Off-Site Removal of Earthen Material
The excavation of earthen material and its stockpiling in preparation of water
management facilities or to otherwise develop watcr bodies is hereby permitted. If, after
consideration of fill activities on buildable portions ofthe project site, there is a surplus
of earthen matcrial, offsite disposal is also hcreby permitted subject to the following
conditions:
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A Excavation activities shall comply with the definition of a "Development
Excavation" pursuant to SectiDn 3.5.5.1.3 Dfthe LDC, whereby offsite removal
shall not exceed ten (10) percent of the total volume excavated up to a maximum
of 20,000 cubic yards.
B. A timetable tD facilitate said removal shall be submitted to the Development
Services' Manager for approval. Said timetable shall include the length oftime it
will take to complete said removal, hours of operation and haul routes.
C. All other provisions of Section 3.5 of the LDC are applicable.
4.7 Sunset and Monitoring Provisions
Oak Grove PUD shall be subject to Section 2.7,3.~ Dfthe LDC, Time Limits for
Approved PUD Master Plans and Section 2,7.3.6 Monitoring Requirements.
4,8 Polling Places
Any community recreation/public building/public room or similar common facility
located within the Oak Grove PUD may be used for a polling place, if determined
necessary by the Board of County Commissioners upon recommendation of the
Supervisor of Elections in accordance with SectiDn 2.6.30 of the LDC.
4.9 Native Vegetation
The project 'Nill meet the native vegetation requirements of Division 3.9, Vegetation
Removal, PrDtection and Preservation of the LDC fDr the subject property. The original
PUD provided 5.91 acres of wetland preserve, which included 1.60 acres of native
vegetation. The wetland preserve acreage has been reduced to 4.31 acres. which includes
.43 acres of native vegetation. This reduction of preserve is due to the Livingston Road
Right-of- W av impact which impacted 1.6 acres of the wetland preserve: of which 1.17
acres ofnative vegetation was impacted, The native vegetation existing onsite at the
time of development was 1.60 acres. Therefore, the minimum required native vegetation
preserve is 0.40 acres (1.60 x 25%). The existing 4.31 acre wetland preserve will
remam.
4.10 Open Space
In addition to the areas designated on the PUD Master Plan as buffers and lakes, open
space will be allocated within each subsequent development area. Open space may be in
the fonn of landscaping, additional buffers, passive or activc recreation areas and water
management facilities. The total aggregate of such open space areas shall meet or exceed
the open space requirements of Sec. 2.6.32 oftlie LDC, which requires a minimum of
sixty (60) perccnt for residential developments. Areas dedicated to Collier County for the
extension of Livingston Road and Blossom Drive may be counted towards the total open
space requirements should the need arise.
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4,11 Archaeological Resources
The developer shall be subject to Section 2.2.25.8,1 of the LDC pertaining to
archaeological resources in the event they are contained on the property.
4,12 Common Area Maintenance
Common Area Maintenance, including the maintenance of common facilities, open
spaces, and water management facilities shall be the responsibility of a home owners'
association to be established by the developer.
4,12 Dedication of Public Facilities
Dedication of road right-of-ways and public facilities shall be in accordance with Section
2.2.20.3.7 of the LDC.
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SECTION V
Permitted Uses and Dimensional Standards
5.1 Purpose
The purpose ofthis Section is to identify permitted uses and development standards for
areas within the Oak Grove POO designated for residential development on the POO
Master Plan, Exhibit "A".
5.2 Maximum Dwelling Units
Five hHfldred afld fifty (550) Five hundred and twenty-five (525) dwelling units are
permitted within the Oak Grove PUD, based on a density of four (4) dwelling units per
gross acre.
5.3 General Description
The PUD Master Plan designates the following uses for each tract designated on the PUD
Master Plan.
TRACT ACRES USE
I 108.45 S,F. and Duplex (side by side)
II 10 13.60 S.F. and Duplex (side by side)
III + 14.10 ",20.25 S.F. or M.F.
IV 108.19 S.F. or M.F.
V 1015.42 S.F. or M.F.
VI ,,13.49 S.F. or M.F.
The approximate acreage of residential tracts is depicted on the POO Master Plan.
Actual acreage of all development tracts will be provided at the time of Site Development
Plan or Preliminary Subdivision Plat approvals in accordance with /,rtiele 3, DivisioH
3,3, and Division 3,2, respectively, ef the Collier County Land Development Code,
Residential tracts are designed to accommodate internal roadways, open spaces,
recreational amenity areas, water management facilities, and other similar uses found in
residential areas.
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5.4 Permitted Uses and Structures
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
l. Principal Uses:
(a) Single Family Detached Dwellings
(b) Zero-Lot Line Dwellings
(c) Two-family and Duplex Dwellings
(d) Single Family Attached and Townhouse Dwellings
(e) Multi-family Dwellings, including Garden Apartments
(t) Any other housing type which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible with residential uses.
2. Accessory Uses and Structures
(a) Accessory uses and structures customarily associated with principal
residential uscs permitted in this district, including recreational facilities,
maintenance facilities and clubhouse.
5.5 Development Standards
1, The following Table 1 sets forth the development standards for residential areas.
TABLE 1
DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS
PERMITTED USES SINGLE F AMIL Y ZERO LOT LINE TWO FAMILY SINGLE FAMILY MULTI.FAMILY
AND STANDARDS DETACHED DUPLEX ATTACHED AND DWELLING
TOWNHOUSE
Minimum Lot Areas 6,000 SF 5,000 S,F. per duo 3,500 S.F.() 3,000 S.F per duo lAC
Minimum Lot Width' ) 60 50 35 30 150
Front Yard 25 20 20 20 25
Side Yard(.!) 75 14) 0 or]O o or7.5 Dor.5 BH' Oor.5 BH
Rear Yard Principal 20 10 20 20 BH
Rear Yard Accessory 10 5 10 10 10
Maximum Building 35 35 35 35 45'
Ileight
Distance Between 15 10 15 .5BH" .5 nIl
Structures
Floor Area Min. (SF) 1200 1200 1200 1000 600
(I) Each halfofa duolex unit reauires a lot area allocation of3,500 SF for a total minimum lot area of7,OOO S.F.
(2) Minimum lot width may be reduced bv 20 oerccnt for cuI-de-sac lots provided minimum lot area requirement is still maintained.
(J1Accessory uses such as pool enclosures may be attached to principal uses.
( )Where the zero (0) fee yard option is utilized, the opposite side of the structure shall have a ten (10) toot side yard Zero (0) feet yards may be
used on either side of a structure provided that the opposite ten (10) foot side yard is provided.
( ITracts 4 (four) and 5 (five) are permitted a maximum height of 50 (fifty) feet.
'RH- Building Height
~~BH - Sum of Building Heights "_.'-'----'._-
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2. Zero-Lot. Line dwellings are identified separately trom single family detached
dwellings with conventional side yard requirements to distinguish these types for the
purpose of applying Development Standards under Table I. Zero-Lot Line dwelling
shall be defined as any type of detached single family structure employing a zero or
reduced side yard as set forth herein, which conforms to requirements of Collier County
Land Development Code, ,^.rtiolc 2, Diyision 2.6.H.
3. Only one residential dwelling unit type shall be permitted on any tract designated for
residential use. Where different dwelling unit types are planned on adjoining tracts, they
shall be separated by recreational facilities, common areas, or landscaped buffers.
4. All landscaping shall be in accordance with Division 2.4, Landscaping and Buffering of
the LDC; however, a Type "B" buffer shall be provided on a three foot high undulating
berm along the northern edge of Tracts I and II depicted on the PUD Master Plan to
provide additional screening for adjacent single family uses.
5. Landscaping along the internal access road depicted on the PUD master plan shall
consist of uniform plant material that meets or exceeds the requirements of Scotian 2.4
ef the LDe. Landscaped and signage shall also be uniform at each signature
entranceway into individual tracts, which shall also promote a similar theme throughout
the planned development. The first tract to be developed in Oak Grove shall set forth
the landscaping and signage standards for the internal roadway depicted on the PUD
master plan and entranceway standards.
6. In meeting the perimeter buffer rcquirements, the existing non-native vegetation/citrus
trees are permitted to be used in meeting the landscape requirements for the subject
property; however, additional supplemental native plantings may be required to achieve
the intent and purpose of Section 2.4 of the LDe.
7. Perimeter buffers shall only be required for the boundary of each tract at the time it is
developed. Buffering may be required during the site plan review process of all or
some remaining tracts as determined appropriate by the Development Services
Director, based on the type of use and proximity to residential use.
8. All signage shall be in conformance with Division 2.5 of the LDe.
9. All parking shall be in conformance with Division 2.3, Off-Street Parking and Loading.
Paved parking is also permitted within the FP&L easement, subject to their
authorization.
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10. Setbacks shall be measured from the legal boundary of the lot and are inclusive of
easements with the exccption of easements that comprise a road right-of-way.
11. Within each individual tract, architectural standards shall be unifIed with regard to
colors, roof lines, and textures, so as to create a uniform architectural standard for each
individual tract.
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SECTION VI
Environmental Standards
The purpose of this Section is to set forth the environmental commitments of the Project
Developer.
6.1 Petitioner shall be subject to the Collier Cmmty Growth Management Plan Policy 12.1.3
contained in the Conservation and Coastal Management Element (discovery ofa
archaeological or historical site, artifact or other indicator of preservation). The original
POO provided 5.91 acres of wetland preserve. which included 1.60 acres of native
vegetation. The wetland preserve acreage has been reduced to 4.31 acres, which includes
.43 acres of native vegetation. This reduction of preserve is due to the Livingston Road
Right-of- W av impact which impacted 1.6 acres of the wetland preserve; of which 1.17
acres of native vegetation was impacted. The native vegetation existing onsite at the
time of development was 1.60 acres. Therefore. the minimum required native vegetation
preserve is 0.40 acres (1.60 x 25%), The existing 4.31 acre wetland preserve will
remam.
6.2 Petitioner shall obtain and soomit documentation of all necessary Local, State and
Federal permits prior to commencing construction.
6.3 The applicant shall be subject to all environmental ordinances in effect at the time of
deyelopment ordor approvals.
&.4 A wetland preserve area is located on the POO Master Plan, along the eastern boundary
of the project and comprises ~ 4.31 acres located outside the Livingston Road Right-of-Way.
This wetland area is proposed to be enhanced, and fundamentally left intact; howoyor, minor
encroachments may be permitted, based on issuance of permits from Local, State, and Federal
wetland permitting agencies.
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SECTION VII
Transportation Requirements
The purpose of this Section is to set forth the transportation commitments of the project
development.
7.1 The developer shall provide arterial level street lighting of the project entrance. Said
lighting shall be in place prior to the issuance of any Certificate of Occupancy. This
commitment has been completed.
7.2 The road impact fee shall be as set forth in Ordinance 92-22 as amended, and shall be
paid at the time building permits are issued, unless otherwise approved by the Board of
County Commissioners. The road impact fees were paid at the time ofSDP or plat
approval for Bridgcwater Bay that is the name of the development occurring in the Oak
Grove PUD,
a) The Oak Grove PUD shall reserve a maximum of275 feet along the eastern
boundary of the project for the future widening of Livingston Road and associated
water management requirements in exchange for impact fee credits. The Oak
Grove PUD has conveved 275 feet along thc eastern boundary of this PUD for the
widening of Livingston Road,
b) Forty feet of right-of-way shall be provided for a portion of Orange Blossom
Drive to be constructed on the subject property as depicted on the PUD Master
Plan in exchange for impact fee credits. Forty feet of right-of-way has been
dedicated to Collier County for the construction of Orange Blossom Drive on the
subiect property and the dcvcloper was reimbursed with impact fee credits,
c) Orange Blossom Drive shall be designed and constructed as a minor collector
road within the boundary of the subject property within the 100 feet of right-of-
way to be provided by this and the adjacent property to the south. Orange
Blossom Drive has been constmcted as a minor collector roadway within the
boundary of the subiect property and the adiacent property to the south.
Elj DOFlaticHl of said right of way easemeFlt and the calculation of road impact fee
credits shall be made in accordance with the pnwisioFls aFld reqliirements of
Section 2.7.2.S.l, "DedicatioFl oftlle Public Facilities and Development of
Prescribedj.menities" oftlle Collier COHnt)' Land Development Code and tile
Collier County Road Impact Fee OrdiaaRce and shall be subject further to a
Developer Coatribution A);recmont betweea the developer and the Board of
County Commissioners. The donation of the right-of-way easement and the
calculation of road impact credits were made pursuant to the reQuirements of the
LDC.
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7.3 Internal access improvements shall not bc subject to impact fec credits and shall be in
place before any certificates of occupancy are issued.
7.4 All traffic control devises used shall confDrm with the Manual On UnifDffil Traffic
Cnntrol Dcvices as reqaired by Chapter 316.0715, Florida Statutes. A PUD
buildout/c\oseout determination shall be filed for tbe Oak Grove PUD prior to issuance of
Certificates of Occupancy for lands that werc removed from this PUD and comprising +/-
6 acres located in the southwest comer and incorporated into the Siena Lakes CCRC
CPUD.
7.5 Connections onto Livingston Road:
a) All median openings and driveway locations shall be in accordance with the Collier
County Land Development Code and Access Management Policy, as they may be
amended. Median access and control shall remain under County control unless
established via a right-of-way agreement between the Board of County
Commissioners and the developer.
H In the event that access is not available to Li'iingston Read by the commencement date
for construction, access is permitted from Orange Blossom Dri'ie.
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SECTION VIII
Utility and Engineering Requirements
The purpose of this Section is to sct forth the utilities and engineering commitments of the
project developer.
8.1 Utilities
A. Water distribution, sewage collection and transmission and interim water
and/or sewage treatment facilities to serve the project are to be designed,
constructed, conveyed, owned and maintained in accordance with Collier
County Ordinance No. 88-76, as amended, and other applicable County rules
and regulations.
B. All customers connecting to the water distribution and sewage collection
facilities to be constructed will be customers of the County and will be
billed by the County in accordance with the County's established rates.
Should the County not be in a position to provide sewer service to the
project, the sewer customers shall be customers of the interim utility
established to serve the project until the County's offsite sewer facilities are
available to serve the project.
C. Prior to approval of construction documents by the County, the developer
must present verification, pursuant to Chapter 367, Florida Statutes, that the
Florida Public Service Commission has granted territorial rights to the
developer to provide sewer service to the project until the County can
provide these services through its sewer facilities.
D. The utility construction documents for the projects sewerage system shall be
prepared to contain the design and construction of an onsite force main,
which will ultimately connect the project to the future central sewerage
facilities of Collier County. The force main must be interconnected to the
pump station with appropriately located valves to pcrmit for simple
redirection of the project's sewage, when connection to the County's central
sewer facilities becomes available.
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E. Prior to or at the time of submission of construction plan and final plat for the
project, the potable water supply from the Collier County Water-Sewer
District to serve this project shall be installed adjacent to the property and be
. .
In service.
8.2 Engineering
A. Detailed paving, grading, site drainage and utility plans shall be
submitted to the Development Services Department for review. No
construction permits shall be issued unless detailed paving, grading, site
drainage and utility plans shall be submitted to the and until approval of
the proposed construction, in accordance with the submitted plans, is
granted by the Development Services Department.
B. Design and construction of all improvements shall be subject to compliance
with the appropriate provisions of the Collier County LDC.
C. Subdivision of the site shall require platting in accordance with Section 3.2
efthe LDC to define the right-of-way and tracts shown on the PUD Master
Plan.
D, The developer and all subsequent owners ofthis project shall be required to
satisfy the requirements of all County ordinances or codes in effect prior to
or concurrent with any subsequent development order relating to this site,
including but not limited to Preliminary Subdivision Plats, Site
Development Plans and any other applications that will result in the
issuance of a final development order.
E. The development will provide adequate right-oF-way for future turn lanes at
the project entrance to Orange Blossom Drive and the design will be
coordinated with the Office of Capital Projects Management.
F. The development shall convey fee simple right-of-way to the County for
both Livingston Road and Orange Blossom Drive prior to the receipt of any
development order for construction activities.
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SECTION IX
Water Management Requirements
The purpose ofthis Section is to set forth the utilities and engineering commitments ofthe
project developer.
9.1 Detailed paving, grading and site drainage plans shall be submitted to the Development
Services Department for review, No construction permits shall be issued unless and until
approval ofthe proposed construction, in accordance with the submitted plans, is granted by
the Development Services Department.
9.2 Design and construction of all improvements shall be subject to compliance with the
appropriate provisions of the Collier County LDC, except that excavation for water
management features shall be allowed within twenty (20) feet from side, rear or abutting
property lines with side, rear or abutting property lines fenced.
9.3 Landscaping may be placed within the water management area in compliance with the
criteria established within Section 2.4.7.3 of the LDC.
9.4 The wet season water table elevation shall be established at the time of South Florida Water
Management District permitting, which is required for the subject property.
9,5 The conveyance swale from the water control structure to the D-2 canal shall be within a
drainage easement to be recorded prior to approval of the first development order.
9,6 At time of development plan submitted, "Typical Lake Section" shall be revised to show
the 2: I breakpoint at 3' below low-water level, not 3' below control as shown.
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EXHIBIT B
LEGAL DESCRIPTION
-----~--~
A PARCEL OF LAND LYING IN AND BEING A PART OF SECTION 1, TOWNSHIP 49 SOUTH,
RANGE 25 EAST: COLLIER COUNTY, FLORIDA AND BEING MOfi:E PARTlCULARL Y
DESCRIBED AS FOLLOWS
BEGINNING A T THE WES T 1/4 CORNER OF SECTION 6, SAID POINT BEING THE EAS T 1/4
CORNER OF SECTION I, TOWNSHIP 49 SOUTH. RANGE 26 EAST, COLLIER
COUNTY. FLORIDA,
THENCE ALm~G THE THE EAS T LINE OF THE NOR THE AS T 1/4 OF SEC TlON 1 NOR TH
02'-03'-56" WEST 1585.97 FEET TO THE SOUTH LINE OF THE NORTH 1/2 OF THE
NORTHEAST 1/4 OF SAID SECTION I.
THENCE ALONG SAID SOUTH LINE NORTH 89'-2.3'-4.3" WEST 270152 FEET TO A POINT
ON THE EAST LINE OF LAKESIDE OF NAPLES AT CITRUS GREENS ACCORDING
TO PLA T BOOK J 5, PAGE 8.3 - 88 PUBLIC RECORDS, COLlIEf, COUNTY, FLORIDA
THENCE ALONG SAID EAST LINE SOUTH 02'-49'-'.35"' EAST 1:,8911 FEET TO THE
SOUTHEAST CORNER OF SAID lAKESIDE OF NAPLES AT CITRUS GREENS:
THENCE ALONG THE SOUTH LINE OF SAID LAKESIDE OF NAPLES A T CITRUS GREENS NORTH
89'-28'--42" WEST 1.3724 FEET TO THE NORTHEAST CORNER OF THE
EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION I, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA
THENCE ALONG THE EAST LINE OF SAID PARCEL SOUTH 02'-47'-.38" EAST 51864 FEET
TO THE NORTHWEST CORNER OF A PARCEL OF LAND OWNED ElY THE FIRST
BAPTIST CHURCH OF NAPLES AS SHOWN ON A SURVEY BY CAROL E NELSON, PlS
DATED FEBRUARY 10, 1996, PROJECT NO S1T49R25
THENCE ALONG THE NOR TH LINE OF SAID PARCEL SOU TH 89'- 26' - 34" EAS T 2798 87
FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 1;
THENCE ALO~JG SAID EAST LINE NORTH 00'-43'-57" WEST 51775 FEET ro THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED,
CON T AINING U 1 .3 ACRES MORE OR LESS;
88
,f~
88
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2009-66
Which was adopted by the Board of County Commissioners
on the 1st day of December, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 3rd
day of December, 2009.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of.. .',
County Commissioners
"~" \?~ / 1,,-,. r.>,' ( \,', ,r
-,'?/L -t~W "'1~L . .]"(: .
- : Teresa polas~i,' .
Deputy Clerk