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CCPC Agenda 12/05/2013 RCCPC MEETING AGENDA DECEMBER 5, 2013 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, DECEMBER 5, 2013, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC 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 CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC 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 TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES — October 17, 2013, November 7, 2013 6. BCC REPORT- RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS 9. ADVERTISED PUBLIC HEARINGS A. PUDA- PL20130000052: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 92 -7, the R. Roberts Estate PUD, and amending Ordinance Number 2004 -41, as amended, the Collier County Land Development Code which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps; by changing the zoning designation of 3.2 acres of land from Residential Single Family -3 (RSF -3) to R. Roberts Estate Mixed Use Planned Unit Development; by increasing the size of Tract A of the PUD by 3 acres, from 5.9 f acres to 8.9 f acres; by changing the permitted uses on Tract A from single family residential to up to 50,000 square feet of gross floor area of institutional and professional office uses; by revising Section I, Property Description; by revising Development Standards and Developer Commitments for the PUD located on the south side of Roberts Avenue and north and east of SR -29 in Section 4, Township 47 South, Range 29 East, Collier County /0-N, Florida consisting of 42 ± acres; and by providing an effective date. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] Page 1 of 2 B. PUDA- PL20130000476: An Ordinance amending Ordinance Number 97 -70, the Pelican Lake Planned Unit Development, to allow on a recreational vehicle lot an additional accessory structure with up to 350 square feet of area for cooking, laundry, storage or recreational activities. The subject property is located on the east side of Collier Boulevard (SR -951) in Section 15, Township 51 South, Range 26 East, Collier County, Florida, consisting of 101.3 + /- acres. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] 10. OLD BUSINESS 11. NEW BUSINESS 12. ADJOURN CCPC Agenda/Ray Bellows /jmp Page 2 of 2 AGENDA ITEM 9 -A � M Co er C01414ty STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING & ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: DECEMBER 5, 2013 SUBJECT: PUDA- PL20130000052, R. ROBERTS ESTATE PUD (PLANNED UNIT DEVELOPMENT) APPLICANT & PROPERTY OWNER of TRACT A and 3 ADDITIONAL ACRES: Boys and Girls Club of Collier County Theresa Shaw, President/ CEO 7500 Davis Boulevard 11—N Naples, FL 34101 OTHER PROPERTY OWNERS: Tract B — Big Cypress Holding Corporation Tract C — Ignacio B. Soto Tract D and E — Collier County AGENTS: Mr. Robert J. Mulhere, FAICP P.O. Box 1367 Marco Island, FL 34146 Mr. Blair Foley, P.E. 120 Edgemere Way South Naples, FL 34105 R. Roberts Estate PUD, PUDA- PL20130000052 November 12, 2013 Page 1 of 15 Mr. Richard D. Yovanovich, Esquire Goodlette, Coleman and Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 LOCATION MAP 6 11 12 8 9 10 11 14 13 15 17 16 15 14 C� 23 24 19 20 21 22 23 IMMOKALEE 26 25 30 29 28 27 26 C.R 890 34 35 33 36 31 PRO PROJECT LAKE Lo.A LOCATION TRAFFORD 6 5 MAIN ST. 3 C.R 846 ST 2 1 4 19 19 11 12 7 8 9 10 11 14 13 18 17 16 15 14 23 24 19 20 21 22 23 C.R. 846 1 LOCATION MAP 6 PETITION # PUDA - PL - 2013 - 52 ZONING MAP FACM ■ % - Lmn mo • / RSF-3- I■ j MSCISD mm �Q ■ PETITION # PUDA - PL - 2013 - 52 ZONING MAP i G -4 ZONING -__-_ ------ ------ `: I 6j.;- � I I 7�FZAGT E I INSTITUTIONAL AND/ OR COMMERCIAL B III HI5`�RIGAL I \ \ \ \ TRACT D III 'AITE I I I 4.1 'ACRES I \ COMMERCIAL ±4.1 H15TORIGAL SITE \ &.B ACRES ROADWAY TRACT TOTAL = ±42.9 J -41 \ \ I I -1 --- - - - - -- � I I TRACT G I COMMERCIAL I q.8 ACRES � I LAND USE TABLE TRACT 6j.;- !!&E A ±8.9 INSTITUTIONAL AND/ OR COMMERCIAL B ±9.0 MULTI- FAMILY RE51 DENTIAL G d D ±18.6 COMMERCIAL USE E ±4.1 H15TORIGAL SITE N/A ±2.3 ROADWAY TRACT TOTAL = ±42.9 G -4 ZONING � � J T25F -3 ZONI N6 r� r ROBER75 Ak2% I I I II rarer I i I 0 75 150 300 kANXICAPE I a.� aarw I °ABLP` I r-rYm a- SCALE IN FEET I acre: TU IN5 TIONAL 1I RcJF - II PROFE55I0NAL III Iii MSOSD I II an.onu II I� I I II •mom e• II TRACT B I MULTI- FAMILY I RESIDENTIAL I q.0 ACRES I II I I I G — 4 II I I M505D I II it I / I / I 120 Edgemae way scum clam Boys and G1ris Club Propowd M=1w Nm Pbm (2i )9 263 -1= R. Robcft PW - &=0W00 Blair A. Foley, P.E., LLC =939;2 Co11 wC unty,Flo" rw 11,10=1111111 me"m SIM CiV1•lEnsdn=/ DBVOknmmtCdnBahat &nunusmoa(�aum 03 -25 -2013 PROJNO FILENO AS NOTEJ 1 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider an application for an amendment to Ordinance Number 92 -7, the R. Roberts Estate Planned Unit Development (PUD), by changing the zoning designation of 3.2 acres of land from Residential Single Family -3 (RSF -3) to R. Roberts Estate Mixed Use Planned Unit Development; by increasing the size of Tract A of the PUD by 3 acres, from 5.9 f acres to 8.9 ± acres; by changing the permitted uses on Tract A from single - family residential to up to 50,000 square feet of gross floor area of institutional and professional office uses; by revising Section I, Property Description; by revising Development Standards and Developer Commitments for the PUD; and by providing an effective date. (Please see Attachment A: Proposed PUD Ordinance.) GEOGRAPHIC LOCATION: The subject 42.9 + /- acre Planned Unit Development is located on the south side of Roberts Avenue and north and east of SR -29 in Section 4, Township 47 South, Range 29 East, Collier County, Florida. (See the Location Map on page 2.) PURPOSE/DESCRIPTION OF PROJECT: The petitioner requests that the Collier County Planning Commission (CCPC) consider an amendment to Ordinance number 92 -7, the R. Roberts Estate Planned Unit Development (PUD) approved on January 21, 1992. (Please see Attachment B: Ordinance Number 92 -7.) The amendment will add 3.0 +/- acres to the PUD, increasing the PUD acreage from 39.9 + /- to 42.9 + /- n acres. The additional 3.0 +/- acres is proposed to be added to Tract A, a 5.9 +/ -acre single- family residential tract. The newly created 8.9 +/- acre Tract A would then be converted to limited institutional uses and professional offices to accommodate a facility for the Boys and Girls Club of Collier County. Furthermore, the proposed 8.9 +/- acre Tract A would allow child care, including pre- school and after school programs; private schools; civic, social and fraternal organizations; and, professional office uses as permitted in the C -1 thru C -4 zoning districts. The maximum intensity allowed on Tract A is 50,000 square feet, of this a maximum of 20,000 square feet may be professional office use. The PUD document is amended to reflect other proposed changes, as follows: • Adding Institutional and Professional Office Uses; • Decreasing overall residential unit count from 103 to 79 dwelling units; • Increasing maximum heights to 42 feet, generally, and to 57 feet for a gymnasium; • Updating certain references to LDC provisions; and, • Numerous miscellaneous revisions. The PUD is currently partially built -out. Tract B is a developed 9.0 +/- acre, multi - family residential tract. Tract C is a 9.8 +/- acre undeveloped commercial tract. Tract D is a developed R. Roberts Estate PUD, PUDA- PL20130000052 November 12, 2013 Page 4 of 15 8.8 +/- acre tract that has been designated as a historically significant site. Tract E is a developed 4.1 +/- acre historic site. The proposed property development standards would remain similar to the previously approved commercial standards: a 25 -foot front yard setback, a 15 -foot (or '/2 the height of the building — whichever is greater) side yard setback and a maximum zoned building height of 50 feet. The subject site proposes a 10 -foot wide Type D Landscape Buffer along Roberts Avenue and along 11 `h Street. A 15 -foot wide Type B Landscape Buffer is proposed along the internal property lines that are adjacent to the multi - family development to the south and the residential properties to the east. SURROUNDING LAND USE AND ZONING (OF SUBJECT TRACT A): North: baseball fields and a running tract associated with the Immokalee Middle School with a zoning designation of RSF -3 (Residential Single - family) at 3 units per acre East: a single - family residence with a zoning designation of RSF -3 (Residential Single- family) at 3 units per acre and then a vehicle yard with a zoning designation of RSF- 3 -MSOSD (Residential Single - family within the Main Street Overlay Subdistrict) South: multi - family residences with a zoning designation of R. Roberts Estate PUD with a density of 9 units per acre West: a Historical Museum, with a zoning designation of R. Roberts Estate PUD R. Roberts Estate PUD, PUDA- PL20130000052 November 12, 2013 Page 5 of 15 AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element: The subject property is designated Urban — Mixed Use District, Commerce Center — Mixed Use Subdistrict on the Immokalee Future Land Use Map (FLUM) of the Immokalee Area Master Plan (IAMP). Provisions for Non - residential Uses in the Urban — Mixed Use District state, "Non- residential uses permitted within the Residential designation are limited to those uses that are compatible and/or support the residential character of the area. The allowed uses include: parks, open space and recreational uses, churches, libraries, cemeteries, public and private schools, day -care centers and essential services as defined in the Land Development Code. " IAMP Provisions for the Commerce Center — Mixed Use Subdistrict state, R. Roberts Estate PUD, PUDA- PL20130000052 November 12, 2013 Page 6 of 15 /O*N, "The purpose of this designation is to create a major activity center that services the entire Immokalee Urban Designated Area and surrounding agricultural area The Mixed -Use District shall function as an employment center and shall encourage commercial and institutional uses. Uses permitted within this Subdistrict shall include shopping center, governmental institutions, middle or high school, community park and other employment generating uses. Other permitted commercial uses shall include transient lodging facilities at 26 dwelling units per acre. The appropriate zoning districts include C -1 through C -4 as identified in the Land Development Code. In considering new commercial zoning, priority shall be given to protecting existing residential uses. Residential development is permitted within the mixed -use Subdistrict at a maximum density of twelve (12) units per gross acre. Residential dwellings shall be limited to multi family structures and less intensive units such as single-family and duplexes provided they are compatible with the district. Mobile home developments shall be permitted only in the form of mobile home subdivisions or parks as defined in the Land Development Code. The mixed -use district will be controlled via a series of performance standards that address issues of buffering, noise, signage, lighting, architectural compatibility, lot size, parking and landscaping. " The existing allowed uses and densities, and those newly proposed, are consistent with the Subdistrict. The Land Development Code contains standards for buffering, parking, architectural design, etc. FLUE Policy 5.4 states: "New developments shall be compatible with, and complementary to, the surrounding land uses as set forth in the Land Development Code." Please refer to the Zoning Review section of this staff report for the compatibility analysis. Transportation Element: Transportation Planning Staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 -year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the GMP. Conservation and Coastal Management Element (CCME): Environmental review staff found this project to be consistent with the CCME. Based upon the above analysis, Comprehensive Planning staff finds the proposed PUD amendment consistent with the IAMP and the GMP. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13.B.5, Planning Commission Hearing and Recommendation (commonly referred to as the "PUD Findings "), and Subsection 10.02.08.F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings "), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the R. Roberts Estate PUD, PUDA- PL20130000052 November 12, 2013 Page 7 of 15 BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, Staff offers the following analyses: Environmental Review: Environmental Services staff has reviewed the petition and the PUD document to address environmental concerns. All tracts except for the subject Tract A have been previously developed or were in Agricultural Use. The Agricultural use was initiated prior to 1975 according the Property Appraiser's aerial. The aerial shows that Tract A has been vegetated with only trees prior to 1975 and those trees have remained on the tract. Therefore, a tree count and tree retention or replanting is required in accordance with LDC Section 3.05.07.A.2. Native Trees. The PUD document includes language in Section 7.10 stating that a Tree Count will be provided and trees will be retained or replanted at time of the next development order or any request for site alteration. Transportation Review: Transportation Staff has reviewed this petition and recommends approval. Utility Review: The Immokalee Water & Sewer District has reviewed this petition and has no objections to the requested amendment. Zoning Review: Relationship to Existing and Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be permitted if the proposed zoning action is approved, as it relates to the requirement or limitations set forth in the FLUE of the GMP. As previously stated, the petitioner is adding an additional 3.0 +/- acres to Tract A of the PUD, increasing it from 5.9 +/- acres to 8.9 +/- acres. The petitioner is also changing Tract A from a single - family residential use to limited institutional and professional office uses. The proposed property development regulations would remain similar to the previously approved commercial standards: a 25 -foot front yard setback, a 15 -foot (or %2 the height of the building — whichever is greater) side yard setback and a maximum zoned building height of 50 feet. The subject institutional and professional office property is surrounded by compatible land uses. As previously stated, to the north is a middle school and to the west is a historical museum. To the south within the subject PUD is a multi - family development and to the east is a residence and a vehicle yard. Furthermore, the Immokalee Area Master Plan (IAMP) Provisions for the Commerce Center — Mixed Use Subdistrict encourages institutional and commercial uses. The proposed amendment for institutional and professional office uses accomplish this. PUD FINDINGS: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria:" R. Roberts Estate PUD, PUDA- PL20130000052 November 12, 2013 Page 8 of 15 n 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. This is a PUD amendment. The previously approved multi - family residential land use, commercial land use and historic site land use remain and this development continues to be surrounded by similar development. The development to the south is multi- family dwellings. The development to the north is a middle school. The development to the east is single - family residential and a vehicle lot. The project would also be required to comply with County regulations regarding drainage, sewer, water and other utilities. Therefore, the site is suitable for the proposed development. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain site development approval. This will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GMP. County Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, Staff is of the opinion that this petition can be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The currently approved development, landscaping and buffering standards were determined to be compatible with the adjacent uses and with the use mixture within the project itself when the PUD was approved. Staff believes that this amendment will not change the project's compatibility, both internally and externally, with the proposed institutional and professional office land uses. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The open space set aside for this project meets the minimum requirement of the LDC. R. Roberts Estate PUD, PUDA- PL20130000052 November 12, 2013 Page 9 of 15 6 The timing or sequence of development for the purpose of assuring the adequacy of available n improvements and facilities, both public and private. All necessary improvements and facilities are already in place to serve this development. In addition, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. If "ability" implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, then the subject property has the ability to support expansion based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by County staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted. REZONE FINDINGS: LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and recommendations of the planning commission to the Board of County Commissioners... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning Department has indicated that the proposed PUD amendment is consistent with all applicable elements of the Growth Management Plan (GMP). The proposed institutional and professional office use is consistent with the all applicable elements of the Future Land Use Element (FLUE). 2. The existing land use pattern. This amendment will not affect the existing land use pattern. The existing land use pattern will remain the same. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. R. Roberts Estate PUD, PUDA- PL20130000052 November 12, 2013 Page 10 of 15 As previously stated, the proposed institutional and professional office use is located across the street from an existing middle school and across the street from a historic site. The proposed institutional and professional office use is north of developed multi -family residential development. The proposed use is also east of single- family residential development and a vehicle lot. In addition, the PUD includes adequate ameliorating elements for buffering, building height and setback, to ensure that the project is compatible with the adjoining residential development. Therefore, staff is of the opinion that the proposed institutional and professional office district will not result in an isolated district unrelated to nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. As shown on the zoning map included at the beginning of this report, the existing district boundaries are logically drawn. The PUD zoning boundaries follow the property ownership boundaries. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed change is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to respond to changing market conditions. 6 Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not adversely impact the living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed amendment will not adversely impact traffic circulation. 8. Whether the proposed change will create a drainage problem. The proposed amendment will not affect drainage. Furthermore, the site is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed amendment will not reduce light and air into adjacent areas. The development standards such as height limitations, setbacks, open space and landscaping provisions ensure adequate light and movement of air into adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. R. Roberts Estate PUD, PUDA- PL20130000052 November 12, 2013 Page 11 of 15 This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. All of the properties adjacent to the subject site are already developed. The basic premise underlying all of the development standards in Section III of the PUD document and the Land Development Code is that their sound application, when combined with the site development plan approval process and /or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed development complies with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare n relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The property already has a PUD zoning designation and could be developed within the parameters of that zoning ordinance; however, the petitioner is seeking this amendment in compliance with LDC provisions for such amendments. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed rezone meets the intent of the PUD district and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed PUD is not out of scale with the needs of the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. R. Roberts Estate PUD, PUDA- PL20130000052 November 12, 2013 Page 12 of 15 i-• 16 The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD document would require site alteration. This project will undergo evaluation relative to all federal, state, and local development regulations during the plans and platting process, SDP (Site Development Plan) process and building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The development will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities for the project. It must be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that no Level of Service will be adversely impacted. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant duly noticed and held the required meeting on September 25, 2013 at 5:15 p.m. at the Immokalee Community Park Meeting Room located at 321 North lrst Street, Immokalee, Florida. Only one member from the public attended and he left when his question was answered and before the presentation began. For further information please see Attachment C: "Summary of Neighborhood Information Meeting for R. Roberts Estate PUDA" prepared by the applicant. To date, no letters of opposition have been received. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office has reviewed the staff report for Petition PUDA- PL20130000052 on November 8, 2013. RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDA- PL20130000052 to the Board of County Commissioners with a recommendation of approval of this amendment. R. Roberts Estate PUD, PUDA- PL20130000052 November 12, 2013 Page 13 of 15 Attachments: A. Proposed PUD Ordinance B. Ordinance Number 92 -7. C. Summary of Neighborhood Information Meeting for R. Roberts Estate PUDA R. Roberts Estate PUD, PUDA- PL20130000052 November 12, 2013 Page 14 of 15 n n PREPARED BY: W&�#x Jffl�Nvlj �� NANCY G DLACN AICP, PRINCIPAL PLANNER GROWTH MANAGEMENT DIVISION REVIEWED BY: z��-� r. zz' RAY &D V. BELLOWS, ZONING MANAGER GROWTH MANAGEMENT DIVISION MICHAEL BOSI, AICP, DIRECTOR GROWTH MANAGEMENT DIVISION • it G ov ( 1!?� DAT l DATE DATE P / ) -1 j DATE Tentatively scheduled for the January 28, 2014 Board of County Commissioners Meeting R. Roberts Estate PUD, PUDA- PL20130000052 November 12, 2013 Page 15 of 15 n 1 ORDINANCE NO. 14- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 92 -7, THE R. ROBERTS ESTATE PUD, AND AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE- COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING DESIGNATION OF 3.2 ACRES OF LAND FROM RESIDENTIAL SINGLE FAMILY -3 (RSF -3) TO R. ROBERTS ESTATE MIXED USE PLANNED UNIT DEVELOPMENT; BY INCREASING THE SIZE OF TRACT A OF THE PUD BY 3 ACRES, FROM 5.9 f ACRES TO 8.9 f ACRES; BY CHANGING THE PERMITTED USES ON TRACT A. FROM SINGLE FAMILY RESIDENTIAL TO UP TO 50,000 SQUARE FEET OF GROSS FLOOR AREA OF INSTITUTIONAL AND PROFESSIONAL OFFICE USES; BY REVISING SECTION I, PROPERTY DESCRIPTION; BY REVISING DEVELOPMENT STANDARDS AND DEVELOPER COMMITMENTS FOR THE PUD LOCATED ON THE SOUTH SIDE OF ROBERTS AVENUE AND NORTH AND EAST OF SR -29 IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY FLORIDA CONSISTING OF 42 t ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDA- PL20130000052] WHEREAS, Robert J. Mulhere, AICP and Blair Foley, P.E. of Blair Foley, LLC and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. representing Boys & Girls Club of Collier County, Florida, Inc., petitioned the Board of County Commissioners to amend the PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Zoning Classification and Amendments to the PUD Document, Exhibit A of Ordinance No. 92 -7. The zoning classification of approximately 3.2 acres of land as described, herein is changed from Residential Single Family (RSF -3) R. Roberts Estate Mixed Use Planned Unit Development, and the R. Roberts Estate PUD Document, Exhibit A of Ordinance No. 92 -7, is hereby amended and replaced with Exhibit A attached hereto and incorporated herein by reference. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. R Roberts Estate PUDA\PUDA- PL20130000052 1 of 2 Rev. 11/7/13 Attachment A PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of 12014. ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to form and legal sufficiency Heidi Ashton- Cicko ►�'� Managing Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQUIRE Chairwoman Attachment: Exhibit A — R. Roberts Estate PUD Document CP113- CPS -01218\28 R_ Roberts Estate PUDA\PUDA- PL20130000052 2 of 2 Rev. 11/7/13 R. ROBERTS ESTATE PUD A- MIXED PLANNED UNIT DEVELOPMENT MPUD Originally PREPARED BY: ROBERT A. ROBERTS IN BEHALF OF THE ROBERT ROBERTS ESTATE PREPARED BY: DALLAS TOW NSEN D P.O. BOX 1110 IMMOKALEE, FLORIDA 33934 CONSULTING ENGINEER: DAVID S. WILKISON, P.E., VICE PRES. WILKISON & ASSOCIATES, INC. 3584 EXCHANGE AVENUE, SUITE A NAPLES, FLORIDA 33942 PLANNING CONSULTANT: I� DR. NENO J. SPAGNA, AICP, PRES. FLORIDA URBAN INST., INC. 3850 27TH AVENUE S.W. NAPLES, FLORIDA 33964 Amendment Preoared by: Richard Yovanovich, Land Use Attorney Coleman. Yovanovich and Koester. PA Robert J. Mulhere, FAICP, Planning Consultant Mulhere and Associates. LLC Blair Foley, PE, Civil Engineer Blair Foley, LLC Original DATE REVIEWED BY CCPC 12/19/91 Original DATE APPROVED BY BCC 01/21/92 Original ORDINANCE NUMBER 92 -7 AMENDMENTS ""'�,�,D REPSA= EXHIBIT "A" Page 1 of 29 Words s4ue-kfteti are deleted. Words underlined are added. [Draft Date: 10 -17 -20131 .1 TABLE OF CONTENTS SECTION I STATEMENT OF COMPLIANCE, LEGAL DESCRIPTION, SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III INSTITUTIONAL AND PROFESSIONAL OFFICE AREA PLAN SECTION IV MEDIUM DENSITY RESIDENTIAL AREAS PLAN SECTION V COMMERCIAL AREAS PLAN SECTION VI HISTORIC SITE DEVELOPMENT PLAN SECTION VII DEVELOPMENT COMMITMENTS TABLE 9f GONITCIUTS A4GnnAArrCC -C PUD MASTER PLAN ATTACHMENT Page 2 of 29 Words sole -# fie are deleted. Words underlined are added. [Draft Date: 10 -17 -2013] STATEMENT OP COMPLIANCE The subject property consists of 39.98 42.90 acres, more or less, of land located in the south 1/2 of the northwest 1/4 of Section 4, Towns >� 47 South, Range 29 East, Collier County, Florida and more particularly described as follows: Legal Description: Commencing at the southeast corner of the Northwest 1/4 of said section, run South 89 Deg. 25' 45" West 659.79 feet along the south line of said Northwest 1/4; thence North 00 Deg. 46 47" West 50.00 feet to the Point of Beginning, said point being on the north right -of -way line of S.R. 29; thence South 89 Deg. 25' 45" West 348.97 feet along said right -of -way line to a point of curve; thence 2150.68 feet along the arc of a circular curve concave to .the northeasterly, radius 1587.28 feet; chord bearings North 51 Deg. 44' 33" West, chord 1989.90 feet to the intersection of the south right -of -way line of Roberts Avenue; thence North 89 Deg. 22' 20" East 1684.64 feet along said right -of -way line; thence South 00 Deg. 46'47" East 634.67 feet; thence North 89 Deg. 24' 03" East 210.00 feet; thence South 00 Deg. 46' 47" East 614.77 • feet to the Point of Beginning; containing 39.87 acres, more or less. Subject to all easements, restrictions and reservations of record. Together with: Beginning at the Northeast corner of the Southeast quarter of the Northwest quarter of Section 4, Township 47 South, Range 26 East, Collier County, Florida. Thence west 660 feet to the Point of beginning; thence south 660 feet; thence west 210 feet: then north 660 feet, then east 210 n feet to the point of beginning: containing 3 acres more or less, less and excepting portions lying within boundaries of Roberts Avenue, a public right of way along the northerly boundary of premises. It is the intent of the petitioner to develop this land into 3-8.9 acres of institutional and/or commercial office uses Tract A single family +esidenees, 9.0 acres of multi-family residences Tract B 18.6 acres of commercial use (Tracts C and D), 4.1 acre Historic Site Tract E and 2.3 acres of roadway along with the required Water Management, Recreation and Open Space, and related accessory uses and structures. COMPLIANCE WITH CONCURRENCY MANAGEMENT SYSTEM This project shall be subject to compliance with the Concurrency Management System designed to determine the adequacy of public services and facilities. CONSISTENCY WITH GROWTH MANAGEMENT PLAN This project is consistent with the Immokalee Area Master Plan TAMP Element of the Collier County Growth Management Plan, as well as all applicable provisions of the Collier County Growth Management Plan. her -a -, ^° Ref. the W -.1e ano - Page 3 of 29 Words sttek dwou are deleted. Words underlined are added. [Draft Date: 10 -17 -2013] The subject property is located within the Commerce Center /Mixed Use &istfict- Subdistrict as shown on the +mmekalee IAMP Future Land Use Map. This subdistrict is designed to function as an employment center and encourages commercial and institutional uses. Uses permitted within this subdistrict include shopping centers, governmental institutions, transient lodging facilities, and other employment generating uses. Residential development is permitted within the mixed -use subdistrict at a maximum density of 12 dwelling units per gross acre. Residential dwelling units are limited to multi - family structures and less intensive units such as single - family provided they are compatible with the district. Non - commercial uses permitted within the Commerce Center /Mixed Use District include uses such as parks, open space, publicly -owned recreational uses, churches, public and private schools, day -care centers, and those essential services as defined in the Collier County Land Development Code. Evaluation of Residential Tracts Tract Land Use Acres Units Tract Net Densitv Single Famil Residential S.9 24 4.4317 B Multi - Family 9.0 79 8.78 Residential Since the density of the Single Family Residential tFaet and the density of the Multi- Family Residential tract afe -bath is less than the maximum density of 12 dwelling units per gross acre, and the conditional uses and are similar to non - commercial uses permitted within the Commerce Center /Mixed Use &Subdistrict (or in some cases, permitted residential uses) the residential tracts afe is consistent with the immakalee MasteF Plan [AMP and all other applicable Elements of the Collier County Growth Management Plan. Evaluation of Commercial Nonresidential Tracts Tracts Acres Intensity (Square Feet) A 8.9 50,000 Square feet of Institutional or professional office use. Of this number. 20,000 square feet may be professional office use. C 9.8 136,989 D 8.8 123,011 Tota I 1" 27.5 260;880 310.000 Designed to provide employment generating uses the two three commercial /nonresidential tracts would accommodate commercial uses similar to the permitted uses and conditional uses under the-C-4 (General commercial) zoning district of the GellieF GOUR i Land Development Code, except for Tract A, which is limited to a maximum of 50,000 square feet of Institutional and Professional office uses (Of the 50,000 square feet a maximum of 20,000 may be used for Professional office. The Floor Area Ratio of 0.32 is a relatively moderate amount of Page 4 of 29 Words stFuek difetigh are deleted. Words underlined are added. [Draft Date: 10 -17 -2013] ._ ._ The subject property is located within the Commerce Center /Mixed Use &istfict- Subdistrict as shown on the +mmekalee IAMP Future Land Use Map. This subdistrict is designed to function as an employment center and encourages commercial and institutional uses. Uses permitted within this subdistrict include shopping centers, governmental institutions, transient lodging facilities, and other employment generating uses. Residential development is permitted within the mixed -use subdistrict at a maximum density of 12 dwelling units per gross acre. Residential dwelling units are limited to multi - family structures and less intensive units such as single - family provided they are compatible with the district. Non - commercial uses permitted within the Commerce Center /Mixed Use District include uses such as parks, open space, publicly -owned recreational uses, churches, public and private schools, day -care centers, and those essential services as defined in the Collier County Land Development Code. Evaluation of Residential Tracts Tract Land Use Acres Units Tract Net Densitv Single Famil Residential S.9 24 4.4317 B Multi - Family 9.0 79 8.78 Residential Since the density of the Single Family Residential tFaet and the density of the Multi- Family Residential tract afe -bath is less than the maximum density of 12 dwelling units per gross acre, and the conditional uses and are similar to non - commercial uses permitted within the Commerce Center /Mixed Use &Subdistrict (or in some cases, permitted residential uses) the residential tracts afe is consistent with the immakalee MasteF Plan [AMP and all other applicable Elements of the Collier County Growth Management Plan. Evaluation of Commercial Nonresidential Tracts Tracts Acres Intensity (Square Feet) A 8.9 50,000 Square feet of Institutional or professional office use. Of this number. 20,000 square feet may be professional office use. C 9.8 136,989 D 8.8 123,011 Tota I 1" 27.5 260;880 310.000 Designed to provide employment generating uses the two three commercial /nonresidential tracts would accommodate commercial uses similar to the permitted uses and conditional uses under the-C-4 (General commercial) zoning district of the GellieF GOUR i Land Development Code, except for Tract A, which is limited to a maximum of 50,000 square feet of Institutional and Professional office uses (Of the 50,000 square feet a maximum of 20,000 may be used for Professional office. The Floor Area Ratio of 0.32 is a relatively moderate amount of Page 4 of 29 Words stFuek difetigh are deleted. Words underlined are added. [Draft Date: 10 -17 -2013] commercial /nonresidential intensity. Furthermore, its central location within the Immokalee Urban Area provides a logical point for the concentration of general commercial land uses. The two three commercial tracts are consistent with the Immokalee Area Master Plan Element of the Collier County Growth Management Plan. Evaluation of Historic Site The 4.1 acre Historic Site is similar to parks, open space, and publicly -owned recreational uses. Since non - commercial uses permitted within the Commerce Center /Mixed Use District include uses such as parks, open space, and publicly -owned recreational uses, the Historic Site is consistent with the -IAMP Element of the Collier County Growth Management Plan. Consistency with the Growth Management Plan includes more than a finding of land use consistency. However, these consistency relationships typically come about as a function of imposing development commitments and requiring mitigation to overcome or compensate for level of service requirements and other requirements of the Immokalee Master Plan Element and other elements of the Growth Management Plan. Based on Policy 5.2 of the Traffic Circulation Element, the trips generated by this project represents a significant percentage of the overall traffic on S.R. 29, N. 11th Street, Roberts Avenue, and Immokalee Drive. However, the site generated trips will not reduce the level of service on any roadway segment within the project's radius of development influence (RD[) at build -out. Furthermore, there are no capacity problems on any roadway segment that is impacted greater than five percent by the project's site generated trips. Therefore, this petition is consistent with all elements of the Growth Management Plan, albeit this consistency will or may be brought about by the inclusion of development standards, mitigation measures, or otherwise provided for in the approved development order. Unless otherwise provided for in the approved development order, development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance No. 90 -24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 11—N Page 5 of 29 Words stmek dife are deleted. Words underlined are added. [Draft Date: 10 -17 -2013] SECTION I PROPERTY OWNERS141P DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ewner-ship-of the property, and to describe the existing conditions of the property proposed to be developed under the project name of R. Roberts Estate Planned Unit Development. 1.2 LEGAL DESCRIPTION A parcel of land lying in the South 1/2 of the Northwest 1/4 of Section 4, Township 47 South, Range 29 East, Collier County, Florida and more particularly described as follows: Commencing at the Southeast corner of the Northwest 1/4 of said section, run South 89 Deg. 25'45" West 659.79 feet along the south line of said Northwest 1/4; thence North 00 Deg. 46'47" West 50.00 feet to the Point of Beginning, said point being on the north right -of -way line of S.R. 29; thence South 89 Deg. 25'45" West 348.97 feet along said right -of -way line to a point of curve; thence 2150.68 feet along the arc of a circular curve concave to the Northeasterly, radius 1587.28 feet; chord bearings North 51 Dog. 44' 33" West, chord 1989.90 feet to the intersection of the south right -of -way line of Roberts Avenue; thence North 89 Deg. 22'20" East 1684.64 feet along said right -of -way line; thence South 00 Deg. 46' 47" East 634.67 feet; thence North 89 Deg. 24' 03" East 210.00 feet; thence south 00 Deg 46' 47" East 614.77 feet to the point of beginning. Containing 39.87 acres, more or less, subject to all easements, restrictions and reservations of record. Together with: Beginning at the Northeast corner of the Southeast quarter of the Northwest quarter of Section 4, Township 47 South, Range 26 East, Collier County Florida. Thence west 660 feet to the Point of beginning: thence south 660 feet; thence west 210 feet; then north 660 feet, then east 210 feet to the point of beginning; containing 3 acres more or less less and excepting portions lying within boundaries of Roberts Avenue a public right of way along the northerly boundary of premises. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA The project site is located in the South 1/2 of the Northwest 1/4 of Section 4, Township 47 South, Range 29 East, Collier County, Florida (SR 29 and Roberts Avenue in Immokalee, Florida). Page 6 of 29 Words straek thre are deleted. Words underlined are added. [Draft Date: 10 -17 -2013] The current zoning is RSF -3 and C -4. 1.8 PHYSICAL DESCRIPTION The property consists of approximately 39.98 42.90 acres of land located in Immokalee, Florida The elevation of the property varies from approximately 34 feet NGVD in the Southwesterly portions to approximately 38 feet NGVD in the Northeasterly portion of the subject property. Water Management for the proposed project is planned to be a series of retention ponds as shown on the Master Utilities • and Water Management Plan, included as part of this MPUD Document. According to the USDA Soil Survey of Collier County Florida, issued March 1954, the project site lies entirely within the Blanton Fine Sand (Ba) Soil Classification. The relief of this soil classification is characterized as level to gently undulating; surface runoff is slow to medium; internal drainage is rapid; depth to bedrock is "many feet "; reaction is strongly acid; an, the principal vegetation before clearing was Slash Pine, Bluejack and Live Oaks, and Grasses. 1.6 PROJECT DESCRIPTION It is the intent of the petitioner to develop this land into & 8.9 acres of single familr r°,�;denees institutional and professional office uses, 9.0 acres of multifamily residences, 18.6 acres of commercial uses, a 4.1 acre historic site, and, 2.3 acres of roadway along with the required water management, recreation and open space, and, related accessory uses and structures. 1.7 SHORT TITLE This ordinance shall be known and cited as the "R. Roberts Estate Planned Unit Development Ordinance ". Page 7 of 29 Words straele dife are deleted. Words underlined are added. [Draft Date: 10 -17 -2013] SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of R. Roberts Estate MPUD shall be in accordance with the contents of this document, PUD- Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code in effect at the time of building permit application. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the County Land Development Code shall apply. .Unless otherwise noted, the definitions of all terms shall be the same as the definitions net forth in the Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of the R. Roberts Estate MPUD shall become part of the regulations which govern the manner in which the MPUD site may be developed. Unless modified, waived, or excepted by this MPUD, the provisions of other land development codes, where applicable, remain in full force and effect with respect to the development of the land which comprises this MPUD. - W.It sn .. - 2.3. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The l-.yewt ef_St.-°°ts and u .,f Iand f..r the . S tFaCtS is HIUStFat..d g ..1,:...,11.... the map titled "Master °l- R"; „f ...I ieh is iReluded as -..t ..f this °titieR submittal. The leeatienand siZieg of utilities; and - the ` ateF. "-�.", agemept -Pl-;;n is ill- :stfated I =e# Page 8 of 29 Words straek dwee are deleted. Words underlined are added. [Draft Date: 10 -17 -2013] n _. ..._ _...__...o .- _- ..._. -.., _. -..— ___J__. r....�...,.,, — ._.- ... —...,, .....- . ............ ... n n, , The following land use matrix summarizes the proposed use of the R. Roberts Estate MPUD: TYPE UNITS/SQ. FT ACREAGE TRACT "A" SiRgle Family.Institutional and /or Commercial 'A (4 PU 4G 5,618.0 SQ.FT /ACRE 58.9 TRACT "B" Multi Family 79 (9 DU /AC) 9.0 ROADWAYTRACT TRACT "C" GemmeF lCommercial 13,978.5 SQ.FT /ACRE 9.8 TRACT "D" GemmeFeiaXommercial 13,978.5 SQ.FT /ACRE 8.8 TRACT "E" Historic Site 4.1 shown en the U'Uster Utilities and WateF MaRagemeRt Plaa ". MiReF lakes 9F Other- hAl-Rdaripq Faay be peRMUEed- -a i Waste Utilities 'mater "—r anageifleHt RitaR ", sueh easemeRts aS Reeessa (Utility;- frlvate, seFAi publie, et e.) shall be established within eer. +IeRg the 2.4. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A. A maximum of 143 79 residential multi - family dwelling units, single fafflily IRd— R�ti- faFAily, exclusive of any caretakers residences which may be provided in conjunction with commercial development, may be constructed on the total project area. The gross (residential) project area is 14.9 9_0 acres. The gross project density, therefore, may be a maximum of 1}-9 9_0 units per acre. 2.5. REI ATED PROJECT PLAN APPROVAL REQ IIR[:MENTC n Page 9 of 29 Words steel difea are deleted. Words underlined are added. [Draft Date: 10 -17 -2013] Page 10 of 29 Words stFuek flife are deleted. Words underlined are added. [Draft Date: 10 -17 -2013] • Page 10 of 29 Words stFuek flife are deleted. Words underlined are added. [Draft Date: 10 -17 -2013] SECTION -111 L49W DENSITY RESIDENTIAL AREAS PLAN-institutional and Professional Office Area Plan -Tract A 3.1. PURPOSE It is the purpose of this Section to identify specific development standards for areas designated as I) Institutional and Professional Office ion Tract' "A" of the "Master Plan ". 3.2. MAXIMUM INTENSITY.DWE LING UN4T- 3.3. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Institutional uses and facilities limited to: child day -care services including preschool and after school programs and facilities (SIC 8351); private schools (SIC 8211): civic, ^ social and fraternal organizations (SIC 8641). Single 4 -mii • detached dwelliRgs 2. Professional Office as permitted in the C -1 through C -4 zoning districts of the Collier County LDC. , B. Permitted Accessory Uses and Structures: 4: 1. Recreational uses and facilities such as swimming pools, tennis courts, gymnasium, ball fields, and children's playground areas; --ete. Cwstemwy accesseFy uses -2: 1. Churches 3. PUbl+E ffi: ate paFqrhial L AAIr I -. 2. Group Care Facility (Category 1) (subject to LDC Section 2.6.26 5.05.04). ^ Page 11 of 29 Words straek *,&eu are deleted. Words underlined are added. [Draft Date: 10 -17 -2013] 3.4 DEVELOPMENT STANDARDS A. GENERAL: All yards, and set- backs, ,ete. shall be in relation to the iAdiy*-dwai let Tract boundaries. Except as set forth below in the event that the Tract is subdivided. Funhermere, ept as ett,.,.,. ise PFOvided fGF .thi this seetieA, all l + shall B. In Case of Subdivision: In the event that Tract A is subdivided the following i development standards shall apply: E I. MINIMUM LOT AREA' 7,500 Sq aFe feet One Acre i s: II. MINIMUM LOT WIDTH: (1) Corner Lots —9-S-120 feet (2) Interior Lots - 80-100 feet III. MINIMUM YARDS: (1) Front Yard — 25 feet, plus one (1) foot for each one (1) foot of building height ' over 50 feet. (2) Side Yard —15 feet, or %: the height of the building, whichever is greater (3) Rear Yard — 25 feet (4) Setbacks for accessory structures shall be the same as for principal structure in the case of Front and Side Yards and shall be a minimum of 10 feet for rear Yards V. MINIMUM FLOOR AREA. 1,000 square feet One t ) Stsry • -1,990 square feet; (s) at rnTr :2nn ogvcra -feet. :r--. C. OFF - STREET PARKING AND LOADING REQUIREMENTS: As required by Division ;23 ^f the Land Development Code. 14@_ D. MAXIMUM HEIGHT: (1) -- PARCipal Straettf+e — 30 feet i (2) Aeeesswy StruetWe — 20 feet All uses shall be limited to a maximum zoned height of 35 feet and a maximum actual height of 42 feet, except for the gymnasium which shall not exceed a maximum zoned height of 50 feet and a maximum actual height of 57 feet Accessory Structure heights shall be limited to a maximum zoned height of 35 feet and a maximum actual height of 42 feet. H- E. SEPERATION BETWEEN STRUCTURES: (1) Principal Structures: 50%of the sum of the building heights; (2) Accessory Structures: A minimum of 10 feet between an accessory structure Page 12 of 29 Words s4uek dwe are deleted. Words underlined are added. [Draft Date: 10 -17 -2013] and any other structure. i i i a a i i , i i i i , i SECTION IV Page 13 of 29 Words stiek d*e are deleted. Words underlined are added. [Draft Date: 10 -17 -2013] MEDIUM DENSITY RESIDENTIAL AREAS PLAN 4.1 PURPOSE 4 The purpose of this Section is to identify specific development standards for the areas designated as Medium Density (Multi - Family Residential) in Tract "B" of the "Master Plan ". 4.2 MAXIMUM DWELLING UNITS Generally intended for projects where the net density is less than nine (9) dwelling units per acre the maximum number of dwelling units allowed within the PUD shall be as follows: Tract "B ": 79 dwelling units on 9.0 acres of land. 4.3 4.3 PERMITTED USES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: 1. Multi- family dwelling units 2. Two family dwelling units. 3. Single family attached and detached dwellings. B. Permitted Accessory Uses and Structures: I . Customary accessory uses and structures, including private garages. 2. Recreational uses and facilities such as swimming pools, tennis courts, children's playground areas, etc. Such uses shall be visually and functionally compatible with the adjacent residences which have the use of such facilities. C. Permitted Conditional Uses and Structures: 1. Cluster housing (subject to Section 2.6.27 of the Collier County Land Development Code). 2. Public, private, parochial schools. 3. Civic and cultural facilities. 4. Owner - occupied child care centers (subject to Section 2.6.22). 5. Recreational facilities not accessory to principal use.6. Group Care Facility (Category 1) (subject to Section 2.6.26).7. Multi- family dwellings up to 4, 5, and 6 stories.8. Churches.9. Child Care Centers. 6. Group Care Facility (Category 1) (Subject to Section 2.6.26) 7. Multi- family Dwellings up to 4, 5, and 6 stories. 8. Churches 9. Child Care Centers 10. Hospitals. Page 14 of 29 Words mlndek dffexgh are deleted. Words underlined are added. [Draft Date: 10 -17 -2013] 4.4 DEVELOPMENT STANDARDS A. GENERAL: All criteria listed below shall be understood to be in relation to respective tract boundary lines or between buildings. B MINIMUM LOT AREA: One (1) acre. C. MINIMUM LOT WIDTH: 150 feet. D. MINIMUM YARDS: (1) Front Yard — 25 feet plus one foot for each two feet of building height over thirty (30) feet. (2) Side Yard — 7 %: feet plus one foot for each two feet of building height over thirty (30) feet. (3) Rear Yard — 25 feet plus one foot for each two feet of building height over thirty (30) feet. E. DISTANCE BETWEEN BUILDINGS: Fifteen (15) feet plus one foot for each two feet of building height over thirty (30) feet. F. MINIMUM FLOOR AREA: 750 square feet. G. MAXIMUM HEIGHT: (1) Principal Structure: 30 feet. (2) Accessory Structure: 20 feet. (3) As otherwise approved by the County for conditional use multi - family structures over three (3) stories as permitted by Section 4.3.C.7 preceding. H. OFF -SHEET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 of the Land Development Code. 4.5 RESIDENTIAL SETBACKS AND SUMMARY TABLE FOR RESIDENTIAL AREAS General Application For Setbacks Generally whenever the word setback is used relative to a measurement between the buildings and a lot line and /or perimeter boundary of a parcel of land upon which buildings Page 15 of 29 Words st deli are deleted. Words underlined are added. [Draft Date: 10 -17 -2013] are to be constructed it shall have the following application. A. FRONT YARD Front yard setbacks shall be measured as follows: 1) If the parcel is served by a public or private right -of -way, setback is measured from the adjacent right -of -way line. 2) If the parcel is served by a non - platted private drive, setback is measured from the back of curb or edge of pavement. 3) If the parcel is served by a platted private drive, setback is measured from the road easement or property line. 4) Generally, principal buildings shall be setback a distance sufficient to provide for two back to back parking spaces, one of which may be in an enclosed space. 5) When principal buildings front upon a common parking area, which in turn fronts upon a public or private right -of -way or non - platted drive a minimum distance of ten (10) feet shall separate the principal building and any related parking facility, and a green belt of ten (10) feet shall separate said right -of- way, or other non - platted private drive from the common parking area. This shall not prohibit the attached relationship of enclosed parking structures to the principal residential structure. B. Interior Yards (Not Adiacent any Right -of -Way or Other Private Drive or Adjacent Open space Areal The separation of principal structures from an interior lot /parcel /tract boundary shall not be less than 7.5 feet for side yard setbacks and not less than 25 feet for rear yard setbacks. C. Accessory Buildings and Use Area Relationships The development standards for accessory buildings shall be as set forth in this PVD Document. However, whenever provisions have not been provided in this document, the regulations of the Collier County Land Development Code shall govern. D. Definitions and interpretation of Word /Phrases 1) Site Depth Average: Determined by dividing the site area by the site width. 2) Site Width: As defined by Article 2 of the Collier County Land Development Code. May be reduced on cul -de -sacs lots. 3) SBH (Sum of Building Heights: Combined height of two adjacent buildings for the purpose of determining setback requirements. Setbacks are measured from lot lines, tract boundaries or public or private streets. Open space area means development adjacent to lakes, preserves, conservation area, park, or golf course. 4) Single Family Attached/Townhouse /Row House: A group of three (3) or Page 16 of 29 Words slruek fiffett g are deleted. Words underlined are added. [Draft Date: 10 -17 -2013] 10-1 more dwelling units attached to each other by a common wall or roof wherein each unit has direct exterior access and no unit is located above another, and separated from any other(s) a fire and sound resistant space, and wherein each separate lot under separate each unit is completely by a rated fire wall or enclosed separation or dwelling unit is on a ownership. 5) Villas: Is a multiple family structure which includes a structure containing three or more dwelling units both vertically and horizontally attached typically with dwelling units over dwelling units having irregular shaped exterior walls and generally not exceeding a height of two habitable floors. 6) Multiple Family: Means a housing structure containing three or more dwelling units other than that which fulfills the definition of single family attached, townhouse, row house, and villas. Generally includes a structure of two or more stories with dwelling units above dwelling units each of which may be accessed direct from the outside or from a common interior location. 7) Duplex: A single, freestanding, Conventional building intended, designed, used and occupied as two (2) dwelling units attached by a common wall or roof, but wherein each unit is located on a separate lot under separate ownership. 8) Cluster Housing: A design technique allowed within residential districts by conditional use. This form of development employs a more compact arrangement of dwelling units by allowing for reductions in the standard lot requirements of the applicable zoning district, with the difference between the reduced lot size and the standard lot requirement being placed in common open space. (subject to Section 2.6.27 of the Collier County Land Development Code.) Page 17 of 29 Words smock dwou are deleted. Words underlined are added. [Draft Date: 10 -17 -2013] RESIDENTIAL DEVELOPMENT STANDARDS ** MULTIPLE FAMILY STRUCTURES FRONT YARD SETBACK (i) Regular 25 Ft. 25 Ft. 25 Ft. 25 Ft. AI1WZ1;019 Mi:1TiI:i (i) Regular — *SINGLE 7.5 Ft. SINGLE TOWNHOUSE/ PERMITTED USES FAMILY 2FAMILY FAMILY MULTI - FAMILY/ STANDARDS DETACHED DUPLEX ATTACHED/ ROW HOUSE Minimum Land Area Per Structure 7,500 1 Acre 1 Acre 1 Acre Or Per Dwelling Unit Sq. Ft. 30 Ft. 30 Ft. 30 Ft. 30 Ft. SITE WIDTH 80 Ft. Int. MIN. AVG. 95 Ft. Cor 150 Ft. 150 Ft. 150 Ft. FRONT YARD SETBACK (i) Regular 25 Ft. 25 Ft. 25 Ft. 25 Ft. AI1WZ1;019 Mi:1TiI:i (i) Regular 7.5 Ft. 7.5 Ft. 7.5 Ft. 7.5 Ft. REAR YARD SETBACK (i) Regular 25 Ft. 25 Ft. 25 Ft. 25 Ft. MAX. BUILDING HEIGHT (i) Above MFL 100 yr. Or Grade Parking 30 Ft. 30 Ft. 30 Ft. 30 Ft. (ii) Accessory Structure 20 Ft. 20 Ft. 20 Ft. 20 Ft. DIST. BETWEEN PRINCIPAL STRUCTURES 15 Ft. 15 Ft. 15 Ft. 15 Ft. FLOOR AREA 1,000 SF 750 SF 750 SF MINIMUM /DWELLING UNIT 1 Story 750 Sq. Ft. 1,200 SF 2 Story lRefert.. Seetien 111 Lew Density Resid -ential Ar..-.r Plan * *Refer to Section IV, Medium Density Residential Areas Plan. Page 18 of 29 Words sttek thratigh are deleted. Words underlined are added. [Draft Date: 10 -17 -2013] SECTION V COMMERCIAL AREAS PLAN - Tracts C & D 5.1 PURPOSE The purpose of this Section is to identify the types of. Commercial Uses and development standards that .vi /1 be applied to the areas so designated as Tracts "C" and "D" on the "Master Plan ". 5.2 DEVELOPMENT EMPHASIS Except as otherwise provided for within this section, all lots shall conform to the General Commercial District (C-4) of the Collier County Land Development code. The intensity of land use, types of use activities and acreage assigned to this development is intended on the following tracts: TRACT (INTENSITY) SQUARE FEET ACRES "C" 136,989 11 U 9.8 "D" 123,011 It It 8.8 Total 260,000 18.6 5.3 USES PERMITTED A. 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. Antigua shops; appliance stores; art studios; art supply shops; automobile parts stores; automobile service stations without repairs (sea Section 2.6.28); awning shops. 2. Bakery shops; bait and tackle shops; banks and financial institutions; barber and beauty shops; bath supply stores; bicycle sales and services; billiard halls, blueprint shops; book binders, book stores; business machine services. 3. Carpet and floor covering sales - which may include storage and installation; churches and other places of worship (see Section 2.6.10); clothing stores; cocktail lounges (sea Section 2.6.10); commercial recreation uses - indoor; commercial schools; confectionery and candy stores. 4. Delicatessen; department stores; drug stores; dry cleaning shops; dry goods stores and drapery shops. s. Electrical supply stores; equipment rentals including lawn mowers and power saws, which may include their repair and sale. 6. Fish market - retail only; florist shops; fraternal and social clubs (see Section 2.6.10); funeral homes; furniture stores; furrier shops. Page 19 of 29 Words stfuek thr -ett are deleted. Words underlined are added. [Draft Date: 10 -17 -2013] Garden supply stores - outside display in side and rear yards; gift shops; glass and mirror sales - including storage and installation; gourmet shops. a. Hardware stores; hat cleaning and blocking; health food stores; homes for the aged; hospitals and hospices. Ice cream stores. lo. Jewelry stores. ii. Laundries - self- service only; leather goods; legitimate theatres; liquor stores; locksmiths. 12. Markets - food; markets - meat, medical office and clinics; millinery shops; motion picture theatres; museums; music stores; minor automobile repair work. 13. New car dealerships - outside display permitted; news stores; night clubs (see Section 2.6.10). 14. Office - general; office supply stores. 15. Paint and wallpaper stores; pet shops; pet supply stores; pottery stores; printing; publishing and mimeograph service shops; private clubs (see Section 2.6.10); professional offices. Radio and television sales and service; radio and television stations (offices and studios), and auxiliary transmitters and receiving equipment, but not principal transmitting tower; research and design labs; rest homes; restaurants - including drive -in or fast food restaurants (see Section 2.6.10). 16. Shoe repair; shoe stores; shopping centers (see Division 3.3); souvenir stores; stationery stores; supermarkets and sanatoriums; 17. Tailor shops; taxidermists; tile sales - ceramic tile; tobacco shops; toy shops; tropical fish stores. is. Upholstery shops. i9. Variety stores; vehicle rental - automobiles only; veterinarian' offices and clinics - no outside kenneling. 20. Watch and precision instrument repair shops. 21. Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Planning Services Manager determines to be compatible in the district. B. All of the above permitted principal uses of land and buildings may be permitted providing the following conditions are found to be present: I . All retail or service establishments shall deal directly with consumers as opposed to wholesale distribution of products or services to non - household establishments. For those retail or service establishments producing goods on the premises, they shall be sold at retail. All business, servicing, or processing, except for off- street parking and loading, shall be conducted within a completely enclosed building, except for motorized vehicle equipment sales. Page 20 of 29 Words s#uEk dife are deleted. Words underlined are added. [Draft Date: 10 -17 -2013] C. Permitted accessory uses and structures in Tracts "C" and "D ". 1. Accessory uses and structures customarily associated with the uses permitted in this section. 2. Caretaker's residence subject to Section 2.6.16. D. Permitted conditional uses and structures in Tracts "C" and "D ". 1. Car wash 2. Child care center 3. Commercial recreation - outdoor. 4. Detached residence in conjunction with a one per business. S. Drive -in theatres. 6. Permitted use with less than gross floor area in principal structure. 7. Used car lots and outdoor boat sales. 8. Vehicle rentals - all vehicles except automobiles. 9. Hotels and motels. 10. Retail sales of propane gas. 5.4 DEVELOPMENT STANDARDS APPLICABLE TO TRACTS "C" AND "D" A. Minimum Lot Area: Ten Thousand (10,000) square feet. B. Minimum Lot Width: One Hundred (100) feet. C. Minimum Yard Requirements: 1. Front yard — twenty five (25) feet plus one (1) foot for each one (1) foot of building height over fifty (50) feet. 2. Side yard —fifteen (15) feet, or Y the height of the building, whichever is greater. 3. Rear yard - zero (0) feet or five (5) feet._ D. Maximum Height: Fifty (50) feet. E. Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the ground floor. F. Maximum Density: Sixteen (16) units per acre for transient lodging facilities, hotels, and motes with a maximum floor area of 500 square feet per unit. Page 21 of 29 Words straek twee are deleted. Words underlined are added. [Draft Date: 10 -17 -2013] G. Distance Between Principal Structures: Zero (0) feet or fifteen (15) feet with unobstructed passage from tront to rear yard'. H. Off - Street Parking and goading Requirements: 1. As required by Division 2.3 of the Land Development Code. Page 22 of 29 Words stfusk tbr-euO are deleted. Words underlined are added. [Draft Date: 10 -17 -20131 11 � SECTION VI HISTORIC SITE DEVELOPMENT 6.1 PURPOSE A. It is the purpose of this section to identify specific development standards for Tract "E" of the "Master Plan ". 6.2 USES PERMITTED No building or structure, or part thereof shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: The Historic Site (land and buildings) shall be maintained as an Historic Facility depicting the early days of Immokalee as they existed during the early occupancy of the property by the Roberts Family and may include the following uses and structures: 1. Museum, storage and display of historical records, photographs, and artifacts of significant value to Immokalee and Collier County. 2. Library and community meeting room. ^ 3. Any structure depicting the residency of the Roberts Family on -site as well as any other structure or display which commemorates and /or preserves the occurrence of an historical event of significant value to the growth and development of Immokalee and Collier County. 6.3 DEVELOPMENT STANDARDS A. General: All criteria listed below shall be understood to be in relation to respective tract boundary lines or between buildings. B. Minimum Lot Area: Four (4) acres. C. Minimum Lot Width: As shown on the "Master Plan ". D. Minimum Yard Requirements: 1. Front Yard - 25 feet. 2. Side Yard - 71/2 feet. 3. Rear Yard - Not applicable. E: Minimum Floor Area 1..None. F. Maximum Height: 1. Maximum height of any structure: 45 feat. /^—N, , Page 23 of 29 Words stFuek thfou are deleted. Words underlined are added. [Draft Date: 10 -17 -2013] G. Off - Street Parking and Loading Requirements: 1. As required by Division 2.3 of the Land Development Code. 6.4 ADMINISTERING AGENCY A. The 4.1 acre Historic Site (land and buildings) shall be dedicated to the Collier County Board of County Commissioners. Page 24 of 29 Words stFuek flifett are deleted. Words underlined are added. [Draft Date: 10 -17 -2013] SECTION VII DEVELOPMENT COMMITMENTS 7.1 PURPOSE A. The purpose of this Section is to set forth the general development requirements and conditions for development of the project. 7.2. GENERAL A. All facilities shall be constructed in strict accordance with Final site Development Plans, Final subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD in effect at the time building permits are requested. Except where specifically noted or stated otherwise, the standards and specifications of the official County Zoning and Subdivision Regulations shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall agree to follow the Master Plan and the regulations of the PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition the developer will agree to convey to any successor or assignee in title any commitments within this agreement. 7.3. PUD MASTER PLAN A. The PUD Master Plan, identified as "Master Plan ", illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase as may be executed at the time of final platting or site development plan application. Subject to the provisions of Section 2.7.2 of the Land Development Code, amendments to the Pt3D may be made from time to time. s. All necessary easements, dedications, or other instruments shall .be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 7.4. RESERVED SGHED II E OF DEVCI O PMENT /11AAIUl l WING RSPORT appFeval of the petition by the BeaFd Of GOURty .+ entinue of the aPPFGYed PUP Deeument-. It is estimated that riempletien will be nine (9) yeaFs f0em date of GeuRty appMval, i.e., the yeaF 2001 asswmiRg that Q URt. ..I is in 1992 B. A OHit ffiR.. RepeFt;-An - annual monitoring- repert shall be 7.5 MAINTENANCE OF COMMON AREAS A. The maintenance of all private streets, recreation areas, common open spaces and any other common areas shall be the responsibility of the developer, his successor or assignee. 7.6 TRANSPORTATION A. The developer shall provide fair share contributions with the minimum share being ^ Page 25 of 29 Words stFdek d3fe gk are deleted. Words underlined are added. [Draft Date: 10 -17 -2013] 30% toward any traffic signals deemed warranted by the County at any of the project's accesses and at the intersections of SR 29 and Roberts Avenue, SR 29 and 11th Street extension, and Roberts Avenue and 11th Street. The fair share value will be based on I all design, permitting and construction costs. 1 s. The following minimum requirements concerning roadway access shall be provided to and from the project as well as within and between tracts: 1. Right turns in, via right turn lanes, and left turns in, via left turn lanes allowed by the Florida Department of Transportation (FOOT) under the 2 -3 laning condition shall be provided for all access points on S.R. 29 to tracts B, C, and D of the project. At such time as the four laning of S.R. 29 occurs, either the FOOT or Collier County shall have the right of median control which includes prohibition of certain turning movements in consideration of roadway capacity. The FDOT and Collier County reserve the right of access control consistent with existing and future FDOT and Collier County policies effective at the time of the issuance of building permits. 2. Access between Tract D and Roberts Avenue shall be as follows: A. An eastbound right turn lane shall be provided at the western most intersection of Tract D and Roberts Avenue. The requirements for a westbound left turn shall be subject to the applicable State and /or County requirements in place at the time of Preliminary Subdivision Plat Approval. B. A westbound left turn lane shall be provided at the easternmost intersection of Tract D and Roberts Avenue. An eastbound right turn lane may be required in consideration of volume and regulatory controls in -place at the time of Preliminary Subdivision Plat approval. 3. Access between Tract A and Roberts Avenue shall include an eastbound right turn lane and a westbound turn lane should expected volume exceed 250 vehicles per day. 4. Access between the North 11"' Street extension and Tracts A, B, and C shall be controlled as follows: A. A northbound right turn lane shall be provided at the access to Tract B immediately north of S.R. 29. B. A northbound left turn lane shall be provided at the access to Tract C immediately north of S.R. 29. C. Additional turn lanes and /or directional controls may be required by Collier County upon site specific analysis of traffic data. Additionally, the access points for Tract C and Tract B shall be located a minimum of 150 feet north of S.R. 29 right -of -way line. Also, minimum throat lengths of between 100 Tracts B, C, and D as set forth by AASHTO Standards and County Policy. D. The developer shall provide a fair share contribution for sidewalk /bike paths along all project frontages (unless provided by Collier County or the FDOT); the minimum fair share contribution shall be 75% except along Roberts Avenue where the minimum shall be 50 %. Page 26 of 29 Words s#uEk Owetigh are deleted. Words underlined are added. [Draft Date: 10 -17 -2013] E. Road Impact fees shall be as set forth in Ordinance 85 -55, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. F. Access Improvements and right -of -way donations shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. G. All traffic control devices used shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0747, Florida Statutes. 7.7 WATER MANAGEMENT A. Prior to construction plans approval a Florida Department of Transportation right -of -way permit allowing stormwater discharge in the SR 29 right -of -way shall be provided. B. Bottom of dry retention areas shall be at least one toot (1') above the seasonal high water table. C . At the time of construction plans review, petitioner shall provide an analysis of the capacity of the off -site swales within the rights -of -way and if improvements are warranted, petitioner shall make such improvements accordingly. 7.8 UTILITIES A. Connection to the existing Immokalee Water and Sewer District water and sewer facilities within Roberts Avenue and West Main Street rights -of -way is required and must be completely illustrated on the final sits plans. Supporting engineering construction drawings shall be provided showing location, configuration and size. B. Prior to final site plan approval, a letter from the Immokalee Water and Sewer District stating that the District has reviewed and approved the water and sewer facilities construction documents for service to the project shall be submitted. c. At the time of building permit submission, the applicant shall provide a letter verifying compliance with County. Ordinance No. 80 -112 regarding the availability and adequacy of sewer service for the project. The project shall be designed for central water and sewer systems. No individual septic tanks or potable water supply wells shall be permitted. 7.9 ENGINEERING A. The Developer, successors, and assigns are 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. This includes, but is not limited to, Preliminary Subdivision Plats, Site Development Plans and any other application that will result in the issuance of a final development order or final local development order. B. Prior to building permit issuance, a Florida Department of Transportation right -of -way permit shall be submitted c. All requirements of the Collier County Subdivision Code must be met since no exceptions were requested. D. The project shall be platted in accordance with the Collier County Subdivision Code to define the tracts and right -of -way as shown on the master plan. E. Construction plans for that portion of North 11th Street between Roberts Avenue and SR 29 shall be submitted at the time of Phase I submission to the Collier County Transportation Department for review and approval. ^ Page 27 of 29 Words stpdek dwe are deleted. Words underlined are added. [Draft Date: 10 -17 -2013] n 7.10 ENVIRONMENTAL A. Petitioner shall be subject to the environmental ordinances, and the Land Development Code, in effect at the time of final site development plan or construction plans approval. B. At the time of the first Site Development Plan (SDP) for Tract A. a Tree Count will be provided indentifving the type, size, location and number of native tress that will not be retained, as specified in LDC Section 3.05.07.A.2. Native Trees. In addition, the landscape plan(s) submitted in coniunction with the first SDP shall include specific details on type, size, location and number of threes to be planted to compensate for the native trees that will not be retained. The replanted trees shall meet the type size and locational requirements set forth in LDC Section 3.05.07.A.2 Native Trees. 7.11 ACCESSORY STRUCTURES A. Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a construction site office and model units. 7.12 SIGNS A. All signs shall be in accordance with Division 2.5 m the Collier County Land Development Code. 7.13 LANDSCAPING FOR OFF - STREET PARKING AREAS A. All landscaping for off - street parking areas shall be in accordance with Division 2.4 of the CallieF Geunty Land Development Code. 7.14 POLLING Places A. Polling places shall be provided in accordance with Section 2.6.30 of the Collier County Land Development Code. 7.15 SPECIAL CONDITIONS A. Upon approval of this petition by the Board of County Commissioners, the petitioner agrees to convey title of Tract "E" (4.1 acre historic site (land and buildings)) to Collier County, Florida, at no cost to the County, immediately following the approval of this petition by the Board of County Commissioners. This action shall be part of the plat dedication. B. Upon approval of this petition by the Board of County Commissioners, the petitioner agrees to convey title of the right -of -way for the extension of N. 11th Street southward from its present terminus at Roberts Avenue through the project as shown on the "Master Plan ", a copy of which is included as a part of this petition submittal, at no cost to the County, immediately following the approval of this petition by the Board of County Commissioners. This action shall be part of the plat dedication. C. Within one year of the data of the County's acceptance of the conveyance of the title for the right -of -way for the extension of N. 11th Street southward from its present terminus at Roberts Avenue through the project as shown on the "Master Plan ", a copy of which is included as a part of this petition submittal, Collier County, Florida agrees to include the design, permitting, and construction of said extension of N. 11th Page 28 of 29 Words struek thm are deleted. Words underlined are added. [Draft Date: 10 -17 -2013] Street in its next capital budget cycle (within the five (5) year Capital Improvement Element (CIE). Such inclusion in the CIE of the budget shall obligate the County to pay for and construct said extension of N. 11th Street southward from its present terminus at Roberts Avenue through the project as shown on the "Master Plan ", a copy of which is included as a part of this petition submittal. All utility lines to be placed in the road right -of -way and appurtenances to benefit the development shall be at the expense of others. The petitioner agrees to pay one -half (1/2) of the cost of any signalization required to maintain the safe movement of traffic on and off of the N. 11th Street extension within the project boundaries. In the event the petitioner desires to design, permit, and /or construct the said improvements in the advance of the County schedule as laid out in the CIE, the county agrees to reimburse the petitioner in accordance with the County's scheduled plan. D. The petitioner agrees to donate to the County, at no cost to the County, any of the existing Roberts Homestead structures located outside of Tract "E ", which the county wishes to move to Tract "E" and preserve as a part of the historic site; and, further agrees to provide access on the Roberts property to the County for the purpose of moving said structures to Tract "E ". The petitioner further agrees to assist in the moving of said structures (including providing labor and equipment), however, the County shall be solely and totally responsible for all costs resulting from any necessary sit improvements or the restoration of said structures. E. The petitioner shall provide a Certificate of Adequate Public Facilities at the time of application for any Final Development Order. D. The petitioner shall provide sidewalks along the project's frontages in accordance with the standards listed in the Collier County Subdivision Code. 7.16 OPEN SPACE A. Open space shall be provided in accordance with Seetien 2.6.32-Of the CellieF GeuRty Land Development Code. n Page 29 of 29 Words stFdelc- flff exglt are deleted. Words underlined are added. [Draft Date: 10 -17 -2013] i N I 6-4 ZONING = R3F-3 ZONI N6 _j - - F Irl" P. -4 �_ __ ______ -_____ 8A� - -- - `- - -- - - - ---- - - - -'j 1 LJ I'i " �VAGT E I �I H /SJRlGAL I I ' I .Me I o 75 150 300 TRACT D III 4.! ACRE5 I I \ \ COMMERCIAL II 8.8 ACRE5 I I I I LAND USE TABLE TRACT do I.W. A t8.9 INSTITUTIONAL AND/ OR COMMERCIAL a :EW MULTI- FAMILY RESIDENTIAL G t D *18.6 COMMERCIAL U5E E t4.1 HISTORICAL 51TE WA 1:23 ROADWAY TRACT TOTAL = ±42.q � ~aires SCALE IN FEET II rrvcxxr i i l /N'T / 5r/ 0NAL li RSF - 3 PRORE55I0NAL li I M505D 8.4 ACRES 11 L- I eun.s I' �-- _-------- - - -__j - - - - - _ -- III II - -- - - - --= ---- - - - - -- =- -- \ wmz,,,Aaw r I — — — 11 LL== I -- Lercr — \\\ I1 I I axe TRACT G j TRACT B COMMERCIAL I I MULTI- FAMILY OM II \�r \ RESIDENTIAL I -7.6 ACRES 9.O ACRES I I / / I 0-4 ZONING � � J I G -4 120 E4p. Wry 8mm am Boys mw cw% Cb Pwpowd Ma" PLn Ph. . (239) 263 -1122 R. R0b0 t✓t B5W= PW - 0 Blair A. Foley, P.E., LLC �, coomwcamy, >m mumm 7�, » > Civil $nilew /Dm1opmcWCondha t S�oniiLoowmea"m 03-25 -2013 PROMO FILENO AS NOTE 1 ORDINANCE NO. 92- 7 F;oo ts� �,. AN ORDINANCE AMENDING ORDINANCE NUMBER 91 °102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE As COMPREHENSIVE ZONING REGULATIONS FOR THE w UNINCORPORATED AREA OF COLLIER COUNTY, n v FLORIDA BY AMENDING THE OFFICIAL ZONING m q g`�2L ATLAS MAP NUMBER 7904N; BY CHANGING THE A -tg0E6 ZONING CLASSIFICATIONS OF THE HEREIN K W DESCRIBED REAL PROPERTY FROM RSF -3 AND o yr C -4 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE R. ROBERTS ESTATE PLANNED c UNIT DEVELOPMENT FOR SINGLE - FAMILY co RESIDENCES, MULTI- FAMILY RESIDENCES, ^� COMMERCIAL USES AND A HISTORIC SITE FOR PROPERTY LOCATED ON THE SOUTH SIDE OF ROBERTS AVENUE AND NORTH AND FAST OF SR -29, IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST (IMMOKALEE), COLLIER COUNTY, FLORIDA, CONSISTING OF 39.901 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dallas Townsend, representing Robert A. 'Roberts, on behalf of the Robert Roberts Estate, petitioned the Board of County Commissioners to change the zoning classifications of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: aSECTION ONE• The Zoning Classifications of the herein described real property located in Section 4, Township 47 South, Range 29 East (Immokalee), Collier County, Florida, are changed from RSF -3 and C -4 to "PUD" Planned Unit Development in accordance with the R. Roberts Estate PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 7904H, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall became effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. 800( °1- Attachment B M Q) PUDA- PL20130000052 REV:1 ROBERTS ESTATES PUD DATE: 4/11/13 DUE: 5/9/13 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 21st day of TOOMEY 1992. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: r BY: 'JAMES 0 � rXL ES, CLERK MICHAEL J(JOLPE) CHAIRMAN 6VED AS•i0 FORM AND LEGAL SUFFICIENCY ?71- MARJ091B M. STUDENT ASSISTANT COUNTY ATTORNEY sr This ordinance 11441 with thg S:c refory of `tnt -'s Of fic* tho dov , gement of that PUD-91-8 ORDINANCE and ocknc -Ve j nb/6148 fih"r ec'eived this A 'doy o IV clrk I` 1�. V� . Lt.! . Door fl50 PAG! 1389 —2— m r. EXHIBIT "A" boar fl-50PAGEago R. ROBERTS ESTATE RUD N ^. :s'.• PLANNED UNIT DEVELOPMENT i PREPARED FOR: G' j.' ROBERT A. ROBERTS IN BEHALF OF THE ROBERT ROBERTS ESTATE N' PREPARED BY: x. DALLAS TOWNSEND P.-O. BOX 1110 IMMOKALEE, FLORIDA 33934 " CONSULTING ENGINEER: r' DAVID S. WILKISON, P.E., VICE PRES. WILKISON & ASSOCIATES, INC. 3584 EXCHANGE AVENUE, SUITE A NAPLES, FLORIDA 33942 }" ENVIRONMENTAL CONSULTANT: ' TURRELL & ASSOCIATES 3584 EXCHANGE AVENUE, SUITE B NAPLES, FLORIDA 33942 PLANNING CONSULTANT: DR. NENO J. SPAGNA, AICP, PRES. ° .j.. FLORIDA URBAN INST., INC. 3850 27TH AVENUE S.W. NAPLES, FLORIDA 33964 }. DATE REVIEWED BY CCPC 12/19/91 DATE APPROVED BY BCC 1/21/92 ORDINANCE NUMBER 92 -7 AMENDMENTS AND REPEAL r. EXHIBIT "A" boar fl-50PAGEago I TABLE OF CONTENTS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP rA DESCRIPTION ti SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III LOW DENSITY RESIDENTIAL AREAS PLAN SECTION IV MEDIUM DENSITY RESIDENTIAL AREAS PLAN SECTION V COMMERCIAL AREAS PLAN SECTION Vi HISTORIC SITE DEVELOPMENT PLAN SECTION VII DEVELOPMENT COMMITMENTS PUD MASTER PLAN ATTACHMENT E= 4 6 11 13 19 24 26 t. k STATEMENT OF COMPLIANCY! The subject property consists of 39.90 acres, more or less, of land located in the south 1/2 of the northwest 1/4 of Section 4, Township 47 South, Range 29 East, Collier County, Florida and more• particularly described as follows: '. Commencing at the southeast corner of the Northwest 1/4 of said '.' section, run South 89 Deg. 25' 45" West 659.79 feet along the south line of said Northwest 114; thence North 00 Deg. 46' 47" West 50.00 feet to the Point of Beginning, said int being the north right -of -way line of S.R. 29; thence South89 Deg 251 45" P, West 348.97 feet along said right °of -way line to a point of curve; thence 2150.68 feet along the are of a circular curve concave to the northeasterly, radius 1587.28 feet; chord bearings North 51 Deg. 44' 33" West, chord 1989.90 feet to the intersection of the south right-of-way line of Roberts Avenue; thence North 89 Deg. 22' 20" East 1684.64 feet along said right -of -way line; thence F'! South 00 Deg. 46' 47" East 634.67 feet; thence North 89 Deg. 24' 03" East 210.00 feet; thence South 00 Deg. 46' 47" East 614.77 feet to the Point of Beginning; containing 39.87 acres, more or less. Subject to all easements, restrictions and reservations of record. It is the intent of the petitioner to develop this land into 5.9 acres of single family residences, 9.0 acres of multi - family ' residences, 18.6 acres of commercial use, 4.1 acre Historic Site, and 2.3 acres of roadway along with the required Water Management, Y' Recreation and Open Space, and related accessory uses and structures. 90MPLIANCE WITH CONCURRENCY MANAGEMENT SYSTEM This project shall be subject to compliance with the Concurrency Management System designed to determine the adequacy of public i, services and facilities. e t` This project is consistent with the Immokalee Master Plan Element Y o! the Collier Caunty Growth Management Plan because of the following reasons: A. The project has been found to be consistent with Policy II.1.1 of the hand Use Section of the Immokalee Master Plan Z, Element that is stated as follows: "The Immokalee Master 100( P, 0PALE.J92 r Plan Future Land Use Designation shall include a Future Land Use District for commercial that is known as the Commerce Center -Mixed Use District." nr'�• H. The project has been found to be consistent with Section D., Land Use Designation Description, of the Implementation Section of the Immokalea Master Plan Element, with regards to the Commerce Center -Mixed Use District. s_ The subject property is located within the Commerce Center /Mixed Use District as shown on the Immokalea Future Land Use Map. This subdistrict is designed to function as an employment center and encourages commercial and institutional uses. Uses permitted within this subdistrict include shopping centers, governmental institutions, transient lodging facilities, and other employment generating uses. Residential development is permitted within the mixed -use subdistrict at a maximum density of 12 dwelling units per gross acre. Residential dwelling units are limited to multi- family structures and less intensive units such as single - family provided they are compatible with the district. !` Non- commercial uses permitted within the Commerce Center /Mixed Use District include uses such as parks, open space, publicly -owned recreational uses, churches, public and private schools, day-care centers, and those essential services as defined in the Collier County Land Development Code. Evaluation of Residential Tracts i Tract Land Use Acres Units Densit Single- Family 5.9 24 4.07 F: Residential V: Multi- Family 9.0 79 8.78 Residential Since the density of the Single - Family Residential tract and the r. density of the Multi - Family Residential tract are bath less than the maximum density of 12 dwelling units per gross acre, and the C. , conditional uses are similar to non - commercial uses permitted G: within the Commerce Center /Mixed Use District (or in some cases, permitted residential uses) the residential tracts are consistent 4' with the Immokalee Master Plan Element of the Collier County 3w Growth Management Plan. Evaluation of Commercial Tracts r °.c. Tract Acres Tensity (Sauare Feet) C 9.8 136,989 'w 123.011. =� Total 18.6 260,000 -2- 600r n5Q PAGE �93 ■W M 4W Designed to provide employment generating uses, the two commercial tracts would accommodate commercial uses similar to the permitted uses and conditional uses under the C -4 (General Commercial) ,�' zoning district of the Collier County Land Development Code. The .W Floor Area Ratio of 0.72 is a relatively moderate amount of ! commercial intensity. Furthermore, its central location within �.•' the Immokalee Urban Area provides a logical point for the concentration of general commercial land uses. The two commercial tracts are consistent with the Immokalee Master Plan Element of the Collier County Growth Management Plan. Evaluation of Historic Site The 4.1 acre Historic Site is similar to parks, open space, and publicly -owned recreational uses. since non - commercial uses !.'• permitted within the Commerce Center /Mixed Use District include v uses such as parks, open space, and publicly -owned recreational uses, the Historic Site is consistent with the Immokalee Master i, Plan Element of the Collier County Growth Management Plan. %{'• Consistency with the Growth Management Plan includes more than a ` finding of land use consistency. However, these consistency relationships typically come about as a function of imposing development commitments and requiring mitigation to dvercome or r:t compensate for level of service requirements and other requirements of the Immokalee Master Plan Element and other elements of the Growth Management Plan. Based on Policy 5.2 of the Traffic Circulation Element, the trips generated by this project represents a significant percentage of the overall traffic on S.R. 29, N. 11th Street, Roberts Avenue, and Immokalee Drive. However, the site generated trips will not reduce the level of ik service on any roadway segment within the project's radius of development influence (RDI) at build -out. Furthermore, there are no capacity problems on any roadway segment that is impacted greater than five percent by the projects site generated trips. Therefore, this petition is consistent with all elements of the !� Growth Management Plan, albeit this consistency will or may be ? "•= brought about by the inclusion of development standards, mitigation measures, or otherwise provided for in the approved development order. Unless otherwise provided for in the approved development order, development permitted by the approval of this petition will be subject to; a concurrency review under the provisions of the Adequate Public Facilities ordinance No. 90 -24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. -g_ 1. ` SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 LUPOSE .The purpose of this section is to not forth the location and. ownership of the property, and to describe the.existing conditions of the property proposed to be developed under the project name of R. Roberts Estate Planned Unit Development. 1.2 REGAL DESCRIPTION 4 A parcel of land lying in the South 1/2 of the Northwest 1/4 of Section 4, Township 47 South, Range 29 East, Collier County, Florida and more particularly described as follows: Commencing at the Southeast corner of the Northwest 114 of said section, run South 89 Deg. 25' 45" West 659.79 feet along the south line of said Northwest 1/4; thence North 00 Deg. 46147" West 50.00 feet to the Point of Beginning, said point being on the north right -of -way line of S.R. 29; thence South 89 Deg. 25' 45" West 348.97 feet along said right -of- way line to a point of curve; thence 2150.68 feet along the arc of a circular curve concave to the Northeasterly, radius 1587.28 feet; chord bearings North 51 Deg. 44' 33" West, chord 1989.90 feet to the intersection of the south right -of- way line of Roberts Avenue; thence North 89 Deg. 22' 20" East 1684.64 feet along said right -of -way line; thence South 00 Deg. 461 47" East 634.67 feet; thence North 89 Deg. 24' 03" East 210.00 feet; thence south 00 Deg 46' 47" East 614.77 feet to the point of beginning. Containing 39.87 acres, more or less. Subject to all easements, restrictions and reservations of record. I 1.3 PROPERTY OWNERSHIP The subject property is owned by the following individuals: Robert A. Roberts, Nina R. Renfroe, Mildred R. Sherrod, Blye R. Treadway, Louise R. Floyd, and Richard H. Roberts,. personal representative of the W.D. Roberts Estate; and, John R. Giddens, Mary Giddens, Ellis Giddens, Marilyn Sears, Carl t' R. Gallagher, John D. Gallagher, Jesse E. Gallagher, Jr., Norma L. Chodat, and Joseph R. Coker, Personal Representative Y:. of the Lois R. Horton Estate. N� !� The address of the owners is P.O. Box 875, Immokalee, Florida, 33934. -4- Boor flS0PAGE395 -5- Bm C50 pw 396 1.4 SiENERAL DESCRIPTI M OF PROPERTY AREA The project site is located in the South 1/2 of the Northwest 1/4 of Section 4, Township 47 South, Range 29 East, Collier County, Florida (SR 29 and Roberts Avenue in Immokalee, Florida). ` The current zoning is RSF -3 and C -4. t. 1.5 PHYSICAL DESCRIPTIOti ., The property consists of approximately 79.90 acres of land located in Immokalea, Florida The elevation of the property varies from approximately 34 feet NGVD in the Southwesterly portions to approximately 38 feet NGVD in the Northeasterly portion of the subject ` property. i`.. Water Management for the proposed project is planned to be a series of retention ponds as shown on the Maste; Utilities -:' and Water Management Plan, included as part of this PUD Document. According to the USDA Soil Survey of Collier County Florida, '. issued March 1954, the project site lies entirely within the Blanton Fine Sand (Ba) Soil Classification. The relief of this soil classification is characterized as level to gently �., undulating; surface runoff is slow to medium; internal drainage is rapid; depth to bedrock is "many feet "; reaction is strongly acid; an, the principal vegetation before clearing was Slash Pine, Bluejack and Live Oaks, and Grasses. �.. 1.6 PRQTECT DFSCRIPTION It is the intent of the petitioner to develop this land into 5.9 acres of single family residences, 9.0 acres of multi- family residences, 18.6 acres of commercial uses, a 4.1 acre 3` historic site, and, 2.3 acres of roadway along with the j'. required water management, recreation and open space, and, related accessory uses and structures. u_. 1.7 SHORT TITLE <� This ordinance shall be known and cited as the "R. Roberts Estate Planned Unit Development Ordinance ". -5- Bm C50 pw 396 SECTION II PROJECT DEVELOPMENT REQUIREMENTS kr1 2.1 kI PQ_SE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the 1; tracts included in the project, as well as other project a relationships. y.. �. k•.i 2.2 .. i•' A. Regulations for development of R. Roberts Estate PUD shall be in accordance with the contents of this document, PUD- Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code in effect at the time of building permit application. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the r time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the R. Roberts Estate PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived, or excepted by this PUD, the provisions of other land development codes, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the ' provisions of the Adequate Public Facilities ordinance No. 90 -24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. -6- EOOK P-50 PAGE 397 a sr • . I +.ti yids,, 2.3. DESCRIPTION OF PROJECT PLAN AND PROP0SED LAND VSES A. The layout of streets and use of land for the various tracts, is illustrated graphically on the map titled "Master Plan "; copy of which is included as part of this petition submittal. B. The location and sizing of utilities; and the Water Management Plan is illustrated graphically on.the map titled "Master Utilities and Water Management Plan "; a copy of which is included as part of this petition submittal. C. The existing zoning of the subject property and the immediately surrounding area along with an aerial photograph of the subject property and surrounding area are shown on the map titled "Aerial, Zoning Vicinity Map "; a copy of which is included as part of this petition submittal. D. The existing boundary of the subject property, elevations, and location of utilities and trees are shown on the map titled "Boundary, Elevations and Locations of Utilities and Trees "; a copy of which is included as part of this petition submittal. E. The following land use matrix summarizes the proposed use of the R. Roberts Estate PUD: "� °.'•' TYPE UNITS /SO..FT ACREAGE TRACT "A" Single Family 24 (4 DU /AC) 5.9 TRACT "B" Multi Family 79 (9 DU /AC) 9.0 S• ROADWAY TRACT 1.3 T "C" Commercial 11,978.5 SQ. FT./ 9.8 ACRE Gr Tract "D" Commercial 13,978.5 SQ. FT./ 8.8 7 ACRE TRACT "E" Historic Site 4.1 Eft:, -7- ®OAK , 350 w ,9$ r- F. Areas illustrated as lakes on the "Master Utilities and Water Management Plann shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, depressions for water detention purposes. such ?' areas, lakes and dry areas shall be in the same general + configuration and contain the same general acreage as ;.;.: shown on the "Master Utilities and Water Management Plan ". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of Division 2.7 of the Collier County Land Development Code, Division 3.5, or as otherwise permitted by this PUD Document. G. In addition to the various areas and specific items shown in the "Master Utilities and Water Management c Plan ", such easements as necessary (utility, private, F' semi- public, etc.) shall be established within or along t the various tracts as may be necessary. 2.4. DESCRIPTION OF PROJECT D _S_ Y OR INTENSITY OF LAND US$ A. A maximum of 103 residential dwelling units, single ' family and multi - family, exclusive of any caretakers residences which may be provided in conjunction with commercial development, may be constructed on the total .`: project area. The gross (residential) project area is 14.9 acres. The b gross project density, therefore, may be a maximum of 6.9 units per acre. 2.5. RELATED PROJECT PLAN APPROVAL REOUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agencies to insure compliance with the PUD Master Plan, the County Subdivision Regulations and the platting laws of the State of Florida. B. The "Master Plan ", a copy of which is included as part of this petition submittal, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat shall be submitted for the entire area covered by the PUD Master Q= now !%50PA 399 amin .® ■ant Plan. Any division of property and the development of the land shall be in compliance with the subdivision Regulations, and the platting laws of the State of Florida. C. The provisions of Division 3.3 of the Collier county Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development �t order. :. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements established by Division 3.2 of the Collier County Land Development Code, or any subsequent amendment relating thereto prior to the submittal of construction plans and plat for any portion of the tract or parcel. ` E. Appropriate instruments will be provided at the time of f: infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6 HODZ LHOMES AND SALES FACILITIES A. Model homes and sales facilities shall be subject to the provisions of Section 2.6.33, Temporary Use Permits, of p� the Collier County Land Development Code. t� y 2.7. MENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in section 2.7.2 of the Collier County Land Development Code. 2.9 PROVISION FOR OFF -SITE REMOVAL OF EARTHEN HAT£RIAL -GGJ �;. A. The excavation of earthen material and it stock piling in preparation of water management facilities or to �;. otherwise develop water bodies is hereby permitted. If after consideration of fill activities on those buildable portions of the project site are such that :E there is a surplus of earthen material then its off -site disposal is also hereby permitted subject to the t.t following conditions: -9- 600K �Kn P,1GF QQQ �e . M M != r n /"\ a. Fill material from the lake is planned to be utilized within the project. However, excess fill material, up to lot of the total or a maximum of ,• 20,000 cubic yards may be removed and utilized ::. off -site subject to the requirements of Ordinance No. 91 -102, Division 3.5, including but not limited to traffic impact fees, etc. Removal of material in excess of 10% of total or maximum of 20,000 cubic yards must meet the requirements of a commercial excavation per Ordinance No. 91 -102, Division 3.5. b. All other provisions of Ordinance No. 91 -102, Division 3.5, are applicable. / ff: -10- om (� too( � {t50 Mi 401 {.: SECTION -III LOW DENSITY RESIDENTIAL AREAS PLAN f 3.1. PURPOSE It is the purpose of this Section to identify specific development standards for areas designated as Low Density (Single Family Residential) in Tract' "A" of the "Master Plan ". �•+ 3.2. MAZZMUM DWELLING UNITS ti For the purpose of this section, low density residential is defined as four (4) or less dwelling units per acre on the tract allocated to this purpose. The maximum number of low density dwelling units allowed within the PUD shall be as follows: Tract "A" 24 dwelling units on 5.9 acres of land. Via..,•. ; ;. 3.3. UES PERMITTED }.';:• No building or structure, or part thereof, shall be erected, '= altered or used, or land used, in whole or part, for other �+ than the following: A. Permitted Principal Uses and Structures; 1. Single family detached dwellings. 2. Public parks, public playgrounds , public play fields, and commonly owned open space. QF <' 1 ; H. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures, including private garages. 2. Recreational uses and facilities such as swimming pools, tennis courts, children's playground areas, etc. Such uses shall be visually and functionally compatible with the adjacent residences which have the use of such facilities. C. Permitted Conditional Uses and Structures: 1. Recreational facilities not accessory to principal use. too( x'-50 PAGE 102 BOOK C-50 ems 403 2. Churches. 3. Public, private, parochial schools. 4. Owner-occupied child care centers (subject to Section 2.6.22). S. Group Cara Facility (Category 1) (subject to Section 2.6.26). 6. Cluster housing (subject to Section 2.6.27). 7. Hospitals. 3,4, DEVELOPMENT STANDARDS A. GENERAL: All yards, set-backs, etc. shall be in relation to the individual lot boundaries. Furthermore, except as otherwise provided for within this section, all lots shall conform to the RSF-4 zoning district. D. MINI= LOT AREA: 7,500 square feet. C. MINIMUM LOT WIDTH: (1) Corner Lots 95 feet (2) Interior Lots So feet D. MINIMUM YARDS• (1) Front Yard 25 feet (2) Side Yard 7 1/2 feet (3) Rear Yard 25 feet 9. MINIMUM rLOOR AREA., (1) One (1) story - 1,000 square feet; two (2) story 1,200 square feet. F. OFF -- ,STREET PAMING AND LOADING REQUIREMENTS As required by Division 2.3 of the Land Development Code. G. MAXIMUM HEIGHT; (1) Principal Structure - 30 feet. it (2) Accessory Structure - 20 feet. BOOK C-50 ems 403 s:. oaoK P1:50 mu 404 +' SECTION I4 MEDIIIM DENSITY RESIDENTIAL AREAS PLAN .M• d.l PURPOSE The purpose of this Section is to identify specific development standards for the areas designated as Medium Density (Multi - Family Residential) in Tract "B" of the "Master Plan ". S:. 4.2 MAXIMUM DWELLING UNITS • Generall y intended for projects where the net density is less than nine (9) dwelling units per acre the maximum number of !' dwelling units allowed within the PUD shall be as follows: v� Tract "B "; 79 dwelling units on 9.0 acres of land. 4.3 USES PERMITTED No building or structure, or part thereof, shall be erected, ;:,.. altered or used, or land used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: yi 1. Multi - family dwelling units 3 2. Two family dwelling units. 3. Single family attached and detached dwellings. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures, including {3'.. private garages. r 2. Recreational uses and facilities such as swimming pools, tennis courts, children's playground areas, etc. Such uses shall be visually and functionally { compatible with the adjacent residences which have the use of such facilities. '{ C. Permitted Conditional Uses and Structures: 1. Cluster housing (subject to Section 2.6.27 of the Collier County Land Development Code). -13- s:. oaoK P1:50 mu 404 : 11� 2. Public, private, and parochial schools. 3. Civic and cultural facilities. 4. owner - occupied child care centers (subject to �;. Section 2.6.22). ^' S. Recreational facilities not accessory to principal ?; use. r'. 6. Group Care Facility (Category I) (subject to Section 2.6.26). 7. Multi- family dwellings up to 4, 5, and 6 stories. '= 8. Churches. :. 9. Child care centers. 10. Hospitals. 4.4 DEMOPMENT STANDARDS , A. GENERAL: All criteria listed below shall be understood to be in relation to respective tract boundary lines or between buildings. H. MINIMUM LQT AREA* One (1) acre. C. MINIMUM LOT WIDTH: 150 feet. - (fi:• D. MINIMUM Y8$DS: (1) Front Yard - 25 feet plus one foot for each two feet of building height over thirty (30) feet. (2) Side Yard - 7 1/2 feet plus one foot for each two is feet of building height over thirty (30) feet. K (3) Rear Yard - 25 feet plus one foot for each two feet of building height over thirty (30) feet. E. DISTANCE BETWEEN BUILDINGS, Fifteen (15) feet plus one foot for each two feet of ,.; building height over thirty (30) feet. F. MINIMUM FLOOR AREA: 750 square feet. -14- 1150 PAr 405 yr;" aoo� W _15- 100( F,50 PxGt 406 (1) Principal Stru6turei 30 feet. rr` (2) Accessory Structure: 20 feet. (3) As otherwise approved by the County for conditional 1. use multi-family structures over three (3) stories as permitted by Section 4.3.0.7 preceding. H. QZF-STREET PA3KIXQ AND LOADING REQUIREMENTS As required by Division 2.3 of the Land Development Code. 4.5 RESIDENTIAL BETBACED AND SUMWY TABLE FOR RESIDENTIAL AREAS General Application For Setbacks • Generally whenever the word setback is used relative to a measurement between the buildings and a lot line and/or perimeter boundary of a parcel of land upon which buildings are to be constructed it shall have the following application. A. FRONT YARD Front yard setbacks shall be measured as follows: 1) if the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line. 2) If the parcel is served by A non-platted private drive, setback in measured from the back of curb or edge of pavement. 3) If the parcel is served by a platted private drive, setback is measured from the road casement or property line. 4) Generally, principal buildings shall be setback d distance sufficient to provide for two back to back parking spaces, one of which may be in an enclosed space. 5) When principal buildings front upon a common parking area, which in turn fronts upon a public or private right-of-way or non-platted drive a minimum _15- 100( F,50 PxGt 406 distance of ten (10) feet shall separate the principal building and any related parking fir•: facility, and a green belt of ten (10) feet shall � separate said right -of -way, or other non - platted private drive from the common parking area. This shall not prohibit the attached relationship of enclosed parking structures to the principal residential structure. B. Interior Yardg (Not Adiagent any Wight -of -Way or Other prime Dive or Adjacent Open space Areal The separation of principal structures from an interior lot /parcel /tract boundary shall not be less than 7.5 feet for side yard setbacks and not less than 25 feet for rear yard setbacks. ` C. Accessory Buildings and Us¢ area Relationships The development standards for accessory buildings shall be as set forth in this PUD Document. However, whenever ?: provisions have not been provided in this document, the regulations of the Collier County Land Development Code shall govern. Sy D. nefinitiionsanj Interpretation of Wgrd /Phrases 1) Bite Depth Average: Determined by dividing the ,..`_ site area by the site width. 2 site Widths As defined by Article 2 of the Collier j' ) County Land Development Code. May be reduced on cul -de -sacs lots. ;;.,. 3) $SH (SUm of Building Heicrhtsl: Combined height of t two adjacent buildings for the purpose of determining setback requirements. Setbacks are measured from lot lines, tract ., boundaries or public or private streets. Open space area means development adjacent to lakes, preserves, conservation area, park, or golf t:^ course. 4) single Family Attached /ToTmhouse /Row House_ A group of three (1) or more dwelling units attached to each other by a common wall or roof wherein each r.N unit has direct exterior access and no unit is y.;. too( F50 PASS 407 -17- located above another, and each unit is completely separated from any other(s) by a rated fire wall or a fire and sound resistant enclosed separation or space, and wherein each dwelling unit is on a separate lot under separate ownership. 5) villas: Is a multiple family structure which includes a structure containing throe or more dwelling units both vertically and horizontally attached typically with dwelling units over dwelling units having irregular shaped exterior walls and generally not exceeding a height of two habitable floors. 6) Multiple Family: Means a housing structure containing three or more dwelling units other than that which fulfills the definition of single family attached, townhouse, row house, and villas. Generally includes a structure of two or more stories with dwelling units above dwelling units each of which may be accessed direct from the outside or from a common interior location. 7) Duplex: A single, freestanding, conventional building intended, designed, used and occupied as two (2) dwelling units attached by a common wall or roof, but wherein each unit is located on a separate lot under separate ownership. 8) Cluster Housing: A design technique allowed within residential districts by conditional use. This form of development employs a more compact arrangement of dwelling units by allowing for reductions in the standard lot requirements of the applicable zoning district, with the difference between the reduced lot size and the standard lot requirement being placed in common open space. (subject to Section 2.6.27 of the Collier County Land Development Code.) -17- BOV C-50 PASI 4G9 RESIDENTIAL * *MU TIPL FAMYLY UCTURE9 *SINGLE SINGLE TOWNHOUSE/ :PERMITTED USES FAMILY 2 FAMILY/ FAMILY MULTI-FAMILY/ VSTANDARDS DETACHED DUPLEX ATTACHED/ ROW HOUSE Minimum Land � Per Structure 7,500 1 Acre 1 Acre .Area �.qr., Per Dwelling Unit Sq. Ft. I Acre NSITE WIDTH 80 Ft. Int. MIN. AVG. 4., 95 Ft. Cor ISO Ft 150 Ft. ISO Ft. FRONT YARD SETBACK Regular 25 Ft. 25 Ft. 25 Ft. 25 Ft. SIDE.YARD SETBACK .(i) Regular 7.5 Ft. 7.5 Ft. 7.5 Ft. 7.5 Ft. XEAA YARD SETBACK �(i) Regular 25 Ft. 25 Ft. 25 Ft. 25 Ft. BUILDING HEIGHT Above MFL 100 Yr. or Grade Parking 30 Ft. 30 Ft. .30 Ft. 30 Ft. (ii) ,Accessory Structurs 20 Ft. 20 Ft. 20 Ft. 20 Ft. IST. BETWEEN lRINCIPAL STRUCTURES 15 Ft. 15 Ft. 15 Ft. 15 Ft. FLOOR AREA 1,000 SF 750 SF 750 SP NIMUM/DWELLING UNIT I Story 750 Sq. Ft. 1,200 SF 2-Story *Refer to Section 111, Low Density Residential Areas Plan. **Refer to Section IV, Medium Density Residential Areas Plan. BOV C-50 PASI 4G9 �r- G .. SECTION V COMMERCIAL AREAS PLAN TOTAL 260,000 18.6 5.3 USIS PERMITTED A. No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or mow'_ part, for other than the following: �7? 1. Antique shops; appliance stores; art studios; art supply shops; automobile parts stores; automobile service stations without repairs (see section �# 2.6.28); awning shops. 2. Bakery shops; bait and tackle shops; banks and ' financial institutions; barber and beauty shops; bath supply stores; bicycle sales and services; billiard halls, blueprint shops; book binders; book stores; business machine services. 6W t: '50 PA4E 410 5.1 PURYOSa The purpose of this Section is to identify the types of. Commercial Uses and development standards that will be t= applied to the areas so designated as Tracts "C" and "D" on . ••.. the "Master Plan ". 5.2 DML¢PMEHT EMPHASIS Except as otherwise rovided for within this section all lots shall conform to the General Commercial District (C -4) of the Collier County Land Development Code. The intensity of land use, types of use activities and acreage assigned to this development is intended on the kq following tracts: TRACT (INTENSITY) SQUARE FEET ACRES "C" 136,989 " " 9.8 "D" 123,011 " " 8.8 TOTAL 260,000 18.6 5.3 USIS PERMITTED A. No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or mow'_ part, for other than the following: �7? 1. Antique shops; appliance stores; art studios; art supply shops; automobile parts stores; automobile service stations without repairs (see section �# 2.6.28); awning shops. 2. Bakery shops; bait and tackle shops; banks and ' financial institutions; barber and beauty shops; bath supply stores; bicycle sales and services; billiard halls, blueprint shops; book binders; book stores; business machine services. 6W t: '50 PA4E 410 il•� �1 M M 3. Carpet and floor covering sales - which may include storage and installation; churches and other places of worship (see Section 2.6.10); clothing stores; cocktail lounges (see Section 2.6.10); commercial recreation uses - indoor; commercial schools; confectionery and candy stores. 4. Delicatessen; department stores; drug stores; dry cleaning shops; dry goods stores and drapery shops.' 5. Electrical supply stores; equipment rentals including lawn mowers and power saws, which may include their repair and sale. 6. Fish market - retail only; florist shops; fraternal and social clubs (see Section 2.6.10); funeral homes; furniture stores; furrier shops. 7. Garden supply stores - outside display in side and rear yards; gift shops; glass and mirror sales - including storage and installation; gourmet shops. 8. Hardware stores; hat cleaning and blocking; health food stores; homes for the aged; hospitals and hospices. 9. Ice cream stores. 10. Jewelry stores. 11. Laundries - self- service only; leather goods; legitimate theatres; liquor stores; locksmiths. 12. Markets - food; markets - meat, medical office and clinics; millinery shops; motion picture theatres; museums; music stores; minor automobile repair work.- 13. New car dealerships - outside display permitted; news stores; night clubs (see Section 2.6.10). 14. Office - general; office supply stores. 15. Paint and wallpaper stores; pat shops; pet supply stores; pottery stores; printing; publishing and mimeograph service shops; private clubs (sea Section 2.6.10); professional offices. +-20- IDow r50 PAGC II /1� a :; 16. Radio and television sales and service; radio and r+ television stations (offices and studios), and auxiliary transmitters and receiving equipment, but not principal transmitting tower; research and design labs; rest homes; restaurants - including drive -in or fast food restaurants (see section 17. Shoe repair; shoe stores; shopping centers (see Division 3.3); souvenir stores; stationery stores; supermarkets and sanatoriums; 1s. Tailor shops; taxidermists; the sales - ceramic tile; tobacco shops; toy shops; tropical fish stores. •',•• 19. Upholstery shops. � t= 20. Variety stores; vehicle rental - automobiles only; ' veterinarian' offices and clinics - no outside kenneling. 21. Watch and precision instrument repair shops. ?fit. 22. Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Planning Services Manager determines to be compatible in the district. 8. All of the above permitted principal uses of land and buildings may be permitted providing the following conditions are found to be present: 1. All retail or service establishments shall deal directly with consumers ns opposed to wholesale distribution of products or services to non- household establishments. For those retail or service establishments producing goods on the premises, they shall be sold at retail. 2. All business, servicing, or processing, except for off- street parking and loading, shall be conducted within a completely enclosed building, except for motorized vehicle equipment sales. f. C. Permitted accessory uses and structures in Tracts "C" *. and 1. Accessory uses and structures customarily ' associated with the uses Permitted in this section. -21-- 600K fl50 PAGE V 2. Caretaker's residence subject to Section 2.6.16. Vic.•, D. permitted conditional uses and structures in Tracts "C^ and ^D" 1. Car wash. 2. Child care center. Y' 3. Commercial recreation - outdoor. A. Minimum Lot Area: Ten Thousand (10,000) square reen. B. Minimum Lot Width: One Hundred (100) feet. C. Minimum Yard Reghirerents• 1. Front yard - twenty -five (25) feet plus one (1) foot for each one (1) foot of building height over fifty (50) feet. 2. Side yard - fifteen (15) feet, or 1/2 the height of �.. the building, whichever is greater. 6s -22- loot . Kt 41 4. Detached residence in conjunction with a business one per business. 5. Drive -in theatres. 6. Permitted use with less than 1,000 square feet gross floor area in principal structure. 7. Used car lots and outdoor boat sales. 8. Vehicle rentals - all vehicles except automobiles. 9. Hotels and motels. �'• 10. Retail sales of propane gas. 5.4 DFNELOPMM STA D RD$ APPLICABLE TO TRACTS ^C^ AND ^D^ A. Minimum Lot Area: Ten Thousand (10,000) square reen. B. Minimum Lot Width: One Hundred (100) feet. C. Minimum Yard Reghirerents• 1. Front yard - twenty -five (25) feet plus one (1) foot for each one (1) foot of building height over fifty (50) feet. 2. Side yard - fifteen (15) feet, or 1/2 the height of �.. the building, whichever is greater. 6s -22- loot . Kt 41 "I" tl IVY; SECTION VX HISTORIC SITE DEVELOPMENT PLATT 6.1 PURPOSE A. It is the purpose of this section to identify specific development standards for Tract "E" of the "Master Plan". 6.2 USES PERMITTED No building or structure, or part thereof shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: The Historic Site (land and buildings) shall be maintained as an Historic Facility depicting the early days of Immokalee as they existed during the early occupancy of the property by the Roberts Family and may include the following uses and structures; I. Museum, storage and display of historical records, photographs, and artifacts of significant value to Immokalee and Collier County. 2. Library and community meeting room. 3. Any structure depicting the residency of the Roberts Family on-site as well as any other structure or display which commemorates and/or preserves the occurrence of an historical event of significant value to the growth and development of Immokalee and Collier County. 6.3 DEVELOPMENT STANDARDS A. General: All criteria listed below shall be understood Vi. to be in relation to respective tract boundary lines or between buildings. B. Minimum nimum Lot Area: Four (4) acres. C. Minimum Lot Width: As shown on the "Master Plan". -24- boo( F;50Px,,E415 X "I 11R.: D. Minimum Yard Requirements: 1. Front Yard 25 feet. 2. Side Yard 7 1/2 feet. 3. Rear Yard Not applicable. E. Minimum Floor Area:,' 1. None. F. Maximum Height: 1. maximum height of any structure: 45 feet. G. Off-Street Parking and Loading Requirements: 1. As required by Division 2.3 of the Land Development Code. 6.4 ADMINISTERING AGENCY k" A. The 4.1 acre Historic Site (land and buildings) shall be dedicated to the Collier County Board of County Commissioners. -25- IOU f'-MpAuM SECTION-VXX DEVELOPMENT COMMITMENTS 7.1 LUZ= A. The purpose of this section is to set forth the general development requirements and conditions for development of of the project. 7.2. SJENZRB,L A. All facilities shall be constructed in strict accordance with Final Site Development Plans, Final subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD in effect at the time building permits are requested. Except where specifically noted or stated otherwise, the standards and specifications of the official county Zoning and Subdivision Regulations shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall agree to follow the Master Plan and the regulations of the PUD as adopted and any other conditions o r modifications as may greed to in the rezoning of the pro be a property. In addition the developer will agree to con vey to any successor or assignee in title any commitments within this agreement. 7.3. PUD MASTER PLAN A. The PUD Master Plan, identified as "Master Plan", illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase as may be executed at the time of final platting or site development plan application. Subject to the provisions of section 2.7.2 of the Land Development Code, amendments to the pTiD may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. -26- 100K f.50 PAGE 417 7.4. BCREDULE OF DEVELOPMENT /MOMITORI O RZZORT A. The petitioner intends to begin development of the project as early as possible upon approval of the t: petition by the Board of County Commissioners and continue working until all of the site improvements along with the required buildings are completed in accordance with the conditions of the approved PUD Document, is it is estimated that completion will be nine (9) years from date of County approval, i.e., the year 2001, assuming that County approval is in 1992. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Division 2.7, Section 2.7.3.6 of F; the Collier County Land Development Code. 7.5 MAINTENANCE OF COMMON AREAS A. The maintenance of all private streets, recreation areas, common open spaces and any other common areas shall be the responsibility of the developer, his �:. successor or assignee. 7.6 TMjBPORTATION =' A. The developer shall provide fair share contributions with the minimum share being 30% toward any traffic signals deemed warranted by the County at any of the project's accesses and at the intersections of SR 29 and W.; Roberts Avenue, SR 29 and filth Street extension, and Roberts Avenue and 11th Street. The fair share value ' will be based on all design, permitting and construction costs. B. The following minimum requirements concerning roadway access shall be provided to and from the project as well as within and between tracts: 1. Right turns in, via right turn lanes, and left turns in, via left turn lanes allowed by the Florida Department of Transportation (FDOT) under the 2 -3 laving condition shall be provided for all access points on S.R. 29 to tracts B, c, and D of the project. At such time as the four laving of S.R. 29 occurs, either the FDOT or Collier County shall have the right of median control which includes prohibition of certain turning movements in consideration of roadway capacity. The FDOT and -27- f soot 1150 PALi 418 '. Collier County reserve the right of access control consistent with existing and future FDOT and Collier County policies effective at the time of the issuance of building permits. 2. Access between Tract D and Roberta Avenue shall be zt' as follows: a. An eastbound right turn lane shall be provided �:. at the western most intersection of Tract D Ilk. and Roberts Avenue. The requirements for a westbound left turn shall be subject to the applicable State and/ or County requirements in place at the time of Preliminary subdivision Plat approval. b. A westbound left turn lane shall be provided at the eastern most intersection of Tract D and Roberts Avenue. An eastbound right turn lane may be required in consideration of volume and regulatory controls in -place at the time of Preliminary subdivision Plat approval. ?' 3. Access between Tract A and Roberts Avenue shall include an eastbound right turn lane and a westbound left turn lane should expected volume 5�yr exceed 250 vehicles per day. 4. Access between the North 11th Street extension and ' Tracts A, B, and C shall be controlled as follows: ' -" a. A northbound right turn lane shall be provided at the access to Tract B immediately north of �.. S.R. 29. b. -A northbound left turn lane shall be provided 3. at the access to Tract C immediately north of S.R. 29. H'. C. Additional turn lanes and /or directional controls may be required by Collier County a, upon site specific analysis of traffic data. Additionally, the access points for Tract C ;'<ik• and Tract B shall be located a minimum of 150 •: feet north of the S.R. 29 right -of -way line. Also, minimum throat lengths of between 100 feet and 150 feet shall be provided within ". Tracts B, C, and D as set forth by AASHTO Standards and County Policy. book r5Q PAGC 419 Ma I . 11 "+•: C. The developer shall provide a fair share contribution for sidewalk /bike paths along all project frontages (unless provided by Collier County or the FDOT); the minimum fair share contribution shall be 75% except along Roberts Avenue where the minimum shall be Sot. k` D. Road Impact fees shall be as set forth in Ordinance 85 -55, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. E. Access Improvements and right -of -way donations shall not be subject to impact fee credits and shall be in place Si before any certificates of occupancy are issued. z?^ F. All traffic control devices used shall conform with the Manual gn Uniform Trgffig Control Devices as required by Chapter 316.0747, Florida Statutes. 7.7 RATER MANAGEMENT A. Prior to construction plans approval a Florida Department of Transportation right -of -way permit allowing stormwater discharge in the SR 29 right -of -way shall be provided. B. Bottom of dry retention areas shall be at least one foot (11) above the seasonal high water table. C. At the time of construction plans review, petitioner shall provide an analysis of the capacity of the �- off -site swales within the rights -of -way and if Improvements are warranted, petitioner shall make such improvements accordingly. 7.8 UTILITIES; A. Connection to the existing Immokalee Water and Sewer «,. District water and sewer facilities within Roberts Avenue and West Main Street rights -of -way is required ; and must be completely illustrated on the final site plans. Supporting engineering construction drawings shall be provided showing location, configuration and size. t� 4 F �i -29- toot P50 PAGE 420 "t B. Prior to final site plan approval, a letter from the ?• Immokalee Water and Sewer District stating that the A. District has reviewed and approved the water and sewer facilities construction documents for service to the satisfy the requirements of all County ordinances or project shall be submitted. C. At the time of building permit submission, the applicant shall provide a letter verifying compliance with County. subsequent development order relating to this site. Ordinance No. 80 -112 regarding the availability and adequacy of sewer service for the project. D. This project shall be designed for central water and sewer systems. No individual septic tanks or potable ;. water supply wells shall be permitted. "t 7.9 ENO NNERINSi s' A. The Developer, successors, and assigns are 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. This includes, but is not limited to, Preliminary Subdivision Plats, Site Development Plans and any other application that will result in the issuance of a final development order or final local development order. B. Prior to building permit issuance, a Florida Department of Transportation right -of -way permit shall be submitted. Z" C. All requirements of the Collier County Subdivision Code must be met since no exceptions were requested. D. The project shall be platted in accordance with the Collier County Subdivision Code to define the tracts and right -of -way as shown on the master plan. E. Construction plans for that portion of North 11th Street between Roberts Avenue and SR 29 shall be submitted at the time of Phase I submission to the Collier County Transportation Department for review and approval. 7.10 MIRONMENTAL A. Petitioner shall be subject to the environmental kt: ordinances, and the Land Development Code, in effect at `•. the time of final site development plan or construction plans approval. -30- Door P-50 PAG[ 421 'Ift N, 7.11 ACCESIORX HJBUQT2HXd A. Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a construction site office and model units. 7. 12. JU GKO 09Z. A. All signs shall be in accordance with Division 2.5 of the Collier County Land Development Code. 7.13 LANDSCAPING FOR QFr-STREET PARKING AREAS V A. All landscaping for off-street parking areas shall be in accordance with Division 2.4 of the Collier County Land Development Code. .7.14 POLLIV9 PLhQE8 A. Polling places shall be provided in accordance with Section 2.6.30 of the Collier County Land Development Code, 7.15 SPECIAL CONDITIONS A. Upon approval of this petition by the Board of County Commissioners, the petitioner agrees to convey title of Tract "E" (4.1 acre historic site (land and buildings)) to Collier County, Florida, at no cost to the County, immediately following the approval of this petition by the Board of County Commissioners. This action shall be part of the plat dedication. B. Upon approval of this petition by the Board of County Commissioners, the petitioner agrees to convey title of the right-of-way for the extension of N. 11th Street southward from its present terminus at Roberts Avenue through the project as shown on the "Master Plan", a copy of which is included as a part of this petition submittal, at no cost to the County, immediately following the approval of this petition by the Board of County Commissioners. This action shall be part of the plat dedication. C. Within one year of the date of the County0s acceptance of the conveyance of the title for the right-of-way for k". . the extension of N. 11th Street southward from its present terminus at Roberts Avenue through the project as shown on the "Master Plan", a copy of which is included as a part of this petition submittal, Collier ago( pku 4 22 In the event the petitioner desires to design, permit, " and /or construct the said improvements in advance of the ' County schedule -as laid out in the CIE, the County K agrees to reimburse the petitioner in accordance with *� the County's scheduled plan. D. The petitioner agrees to donate to the County, at no cost to the County, any of the existing Roberts Homestead structures located outside of Tract "E ", which the County wishes to move to Tract "E" and preserve as a part of the historic site; and, further agrees to provide access on the Roberts property to the County for the purpose of moving said structures to Tract "£ ". The petitioner further agrees to assist in the moving of said structures (including providing labor and equipment), however, the County shall be solely and totally responsible for all costs resulting from any necessary site improvements or the restoration of said structures. E. The petitioner shall provide a Certificate of Adequate Public Facilities at the time of application for any Final Development Order. F. The petitioner shall provide sidewalks along the project's frontages in accordance with the standards X listed in the Collier County Subdivision Code. 7.16 OPEN SPACE A. Open space shall be provided in accordance with section 2.6.32 of the Collier County Land Development Code. ROBERTS ESTATE PUD /md -32- BOOK F"50 PAGE 423 County, Florida agrees to include the design, permitting, and construction of said extension of N. 11th street in its next capital budget cycle (within the five (5) year Capital Improvement Element (CIE)). Such inculusion in the CIE of the budget shall obligate the County to pay for and construct said extension of N. 11th Street southward from its present terminus at Roberts Avenue through the project as shown on the "Master Plan ", a copy of which is included as a part of this petition submittal. All utility lines to be placed ' in the road right-of-way and appurtenances to benefit {' the development shall be at the expense of others. The petitioner agrees to pay one -half (1/2) of the cost of any signalization required to maintain the safe movement of traffic on and off of the N. 11th Street extension within the project boundaries. In the event the petitioner desires to design, permit, " and /or construct the said improvements in advance of the ' County schedule -as laid out in the CIE, the County K agrees to reimburse the petitioner in accordance with *� the County's scheduled plan. D. The petitioner agrees to donate to the County, at no cost to the County, any of the existing Roberts Homestead structures located outside of Tract "E ", which the County wishes to move to Tract "E" and preserve as a part of the historic site; and, further agrees to provide access on the Roberts property to the County for the purpose of moving said structures to Tract "£ ". The petitioner further agrees to assist in the moving of said structures (including providing labor and equipment), however, the County shall be solely and totally responsible for all costs resulting from any necessary site improvements or the restoration of said structures. E. The petitioner shall provide a Certificate of Adequate Public Facilities at the time of application for any Final Development Order. F. The petitioner shall provide sidewalks along the project's frontages in accordance with the standards X listed in the Collier County Subdivision Code. 7.16 OPEN SPACE A. Open space shall be provided in accordance with section 2.6.32 of the Collier County Land Development Code. ROBERTS ESTATE PUD /md -32- BOOK F"50 PAGE 423 .t �t t C -a Z0r#r0 Z CL 1 j �`�. _._ S�`.+i wt. i i ♦\ ACT E e i i Q /N a 1cw__ 1, HIS�RIC SITE I 1 1 \ ►� I t 4. tACRES TRACT A TRACT D SINGLE FAMILY COMMERCIAL eke, i� �� RESIDENTIAL r �\� 8.8 ACRES , I �\ 1 I 5.9 ACRES t ym ` 'N %\ e � %N e e _ _ 1 1 I r.� st.`�j� iT— 'auif.w�i v ..... ° A.T..:.° -•IC: �.•"' Zp< -�_ , {; F W --� W I 1 1 1 aJ I 1 ROADWAY TRACT 23 ~ 0 _J O ¢ ACRES I �; �, ' ' 1 N .� n—w'J w cm TRACT C u ti 11 TRACT 8 ' I o COMMERCIAL 9.8 ACRES it r MULTI — FAMILY i w°m RESIDENTIAL 1 1 9.0 ACRES ; .. rrxn• . s' r. is'nw. � nn . Tf3e a . rwraw 4..wMVA�'f � r G-4 ZONW. `` r \ ♦� � � � _ -� iii I 1 1 1 9 , F W W I }� ¢ 1 ~ 0 _J O ¢ Aim I C 1 i OF FLORIDA "OF COLLIER I, JAMES C. GILES, Clerk of Courts In and for the :- i'. Tw Circuit, entieth Judicial Ci 'k C Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance no. 92-7 which was adopted by the Board of County Commissioners on p' ' the 21st day of January, 1992, during Regular session. WITNESS my hand and the official Baal of the Board of County Commissioner* of Collier County, Florida, this 28th day of January, 1992. JAMES C. GILES Clark of Courts and Clerk - kCAUF Ex- officio to Board of P •rf County Commissioner* y: /s /Maureen Kenyon Deputy Clerk Boor fl50PAGE425 Summary of Neighborhood Information Meeting for R. Roberts Estate PUDA (For Boys and Girls Club of Collier County) Petition: PUDA- PL20130000052 Date: Wednesday September, 2013 Time: Commenced at 5:30 PM. Concluded at 6:25 PM Location: Immokalee Community Park, 321 N 1st St, Immokalee, FL Attendance: The meeting was conducted by Bob Mulhere, FAICP, of Hole Montes, on Behalf of the applicant Boys and Girls Club of Collier County. Blair Foley, Project Civil Engineer was also in attendance. Nancy Gundlach, AICP, RLA, was in attendance from Collier County staff. Summary: Prior to officially starting the meeting at (5:35pm), one member of the public, Mr. Alex Miralles, stopped by and spoke with Mr. Mulhere regarding the project. Once his questions were answered he indicated he was supportive of the project ad left. Mr. Mulhere started the NIM at 5:35 pm. No members of the public were in attendance, although Kathy and Deryl Patterson who are affiliated with the Boys and Girls Club were in attendance. Mr. Mulhere listed the major proposed elements of the PUD amendment, including: • Adding 3.0 acres to the PUD (specifically to Tract A, increasing the size of Tract A from +/ -5.9 acres to +/- 8.9 acres); • Revising Section III, Tract A to eliminate the currently allowed residential use and amend the Permitted Principal and Accessory Uses to allow for up to 50,000 square feet of institutional uses (typical uses found at Boys and Girls Clubs), including: child care, pre - school and after- school programs and facilities; private schools; civic, social and fraternal organizations. Of the maximum allowed 50,000 square feet permitted on Tract A, up to 20,000 may be professional office. • Updating the PUD legal description, nomenclature, code references, and elimination of no longer applicable provisions. No members of the public were in attendance. Prepared by Robert J. Mulhere, FAICP on September 30, 2013 Attachment C AGENDA ITEM 9 -B Co er County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING & ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: DECEMBER 5, 2013 SUBJECT: PUDA- PL201300000476, PELICAN LAKE PUD (PLANNED UNIT DEVELOPMENT) PROPERTY OWNER & APPLICANT: *Pelican Lake Property Owners Association of Collier County, Inc. 4555 Southern Breeze Drive Naples, FL 34114 AGENT: Mr. Christopher J. Thornton, Esquire Goede, Adamczyk & DeBoest, PLLC 8950 Fontana Del Sol Way, Suite 100 Naples, FL 34109 * Please note: this amendment is being bought forward by the Property Owner's Association and not the 289 individual TTRV lot owners. REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider an application for an amendment to Ordinance Number 97 -70, the Pelican Lake Planned Unit Development, to allow on a recreational vehicle lot an additional accessory structure with up to 350 square feet of area for cooking, laundry, storage or recreational activities. (Please see Attachment A: Proposed Ordinance.) GEOGRAPHIC LOCATION: The subject 101.3 + /- acre Planned Unit Development is located on the east side of Collier Boulevard (SR 951), approximately 2 miles south of Tamiami Trail East (US 41) at 4555 Southern Breeze Drive, Naples, Florida, in Section 15, Township 51 South, Range 26 East, Collier County, Florida. (See the Location Map on page 2.) PELICAN LAKE PUD, PUDA- PL201300000476 November 21, 2013 Page 1 of 15 LOCATION MAP s TREETOPS W ISRERS IELY, A RESORT CCEWNTr MAL fAK (OW) IW.WIRN: CTP165 ACRES O (INS) 31 32 33 34 v,� 35 ,,,' • . 1111111111111111111111��- , IIIIIIIIIIIIIIIIIIIIIIIIII NNCENRAR = � — �t11 dr��1� Y\1111111►� ��Vj� �- � � 36 WENTWOR ESTATES (S) 'M �� - 1111111111111 ►��,,Qlllllllllry��,�,� ��I111111111111111111111111 111111111111111111 � ��I�p■uulunuun� � � � ■ ��, � MME � � Ll NCIOIRA FALLS Sq FAUAIC WATERS I■■ LWI .W 11111111111111111111111111111111 •_Elt\ II ��) = , „I REACH RESORT WWR10 ,� �'949im9ffAitlS5Si:88E5# Eg61® �4�& Itm�g(&(�$��gS6g�8�5img97l�l�S ��aRWmwmlasl »wmsamlav aRO��l�I��m:as5�owa ��AmK1;E$��,Tp � at�a�xxwu(t>b��aaaats •' A MEN1MdI1N m (�E) 8 5 ESTATES 4 EAC E CI✓m( 3 2 NAPLES RESERVE P S 1 LANDS END PRESERVE lq� i I = �'$ NO O�RC6lC11 RESORT �� WYERBQO WALNUT ASV S LAKES 7 8 g 10 11 12 PARACg ASOM BAN POINTE RVRr CM of APLES PROJECT MW:RUIWS LOCATION COPPER CHAPLEF PAVE ESTATES 18 17 16 w 15 14 13 MARCO SNORES d FIDOLER'S CREW (OR0 r BAY MARCO SNORES/ MARCO (OPL) FICCE/R�'S G1EF]t 19 20 23 24 21 Z2 0 30 29 MARCO SR RES 28 COOxTRY B 28 25 27 MARCO SHORES 31 32 L1E OF CAPRI 33 M MBE o LOCATION MAP s ZONING MAP PETITION # PUDA — PL - 2013 - 476 -. 111111111111 ;111111111111111 � = � ,,,' • . 1111111111111111111111��- , IIIIIIIIIIIIIIIIIIIIIIIIII ',,,,1111 = � — �t11 dr��1� \`,,tt111111111111111I� `t1 \ \-- /IIIIIII / /►j Y\1111111►� ��Vj� �- � � �I- �.�"1' � � - 1111111111111 ►��,,Qlllllllllry��,�,� ��I111111111111111111111111 111111111111111111 � ��I�p■uulunuun� � � � ■ ��, � MME � � OwAsgypill 11 I■■ LWI .W 11111111111111111111111111111111 •_Elt\ II ��) = , „I ,� �'949im9ffAitlS5Si:88E5# Eg61® �4�& Itm�g(&(�$��gS6g�8�5img97l�l�S ��aRWmwmlasl »wmsamlav aRO��l�I��m:as5�owa ��AmK1;E$��,Tp � at�a�xxwu(t>b��aaaats •' A »wasp.,. _ &�� m i� i I = ZONING MAP PETITION # PUDA — PL - 2013 - 476 LAI) rECFE-AtOtCAL SrOCXZ WE$ 'rW --9 & A": Ltxe 0491 At- recAeAriowcpEN sPAcelffiTm ns �. ". ^-Tmss rmseqye 4A i t: 7ER tAL FOU-(T-Or—WAY 43AD (CKAMrXOMSKP DR) jnjiy EAsEmEw 4-2 1 to lilAL.S—n—,E rOTAL LOTS 7%= OEt=TT 400 ;,V Lora t At E lccboi rv"CAL 40' WrE*m^L a srcfxm ';-C- .......... = Az---�z J-r L M~ 7. _ I CIL" ,k Lrlicui OuDco a. A 1 l 2<<,�,j z it OW. U.J o PURPOSE/DESCRIPTION OF PROJECT: The subject site was rezoned from RSF -1 to Planned Unit Development (PUD) in Ordinance Number 92 -78, the Southwoods PUD, on October 20, 1992, to allow for a recreational vehicle park. This Ordinance was later repealed by Ordinance Number 97 -70, Pelican Lake PUD on November 18, 1997. (Please see Attachment B: Ordinance Number 97 -70.) Ordinance Number 97 -70 allows for a 400 lot travel trailer recreational vehicle (TTRV) park with associated facilities that included customary accessory uses. The TTRV is built -out and has 289 TTRV lots. The PUD currently allows for two accessory uses and structures that are customarily associated with a TTRV : 1. an enclosed utility /storage area structure not to exceed an area of 100 square feet, and 2. an attached screened -in porch that is not to exceed an area equal to the area of the recreational vehicle to which it is attached. In addition to the above accessory uses and structures, the petitioner is seeking to amend the PUD document to add a third accessory use and structure: "A detached accessory structure, inhabitable and architecturally compatible with the associated accessory structure in the Park Common areas such as the clubhouse, post office and gate house. The accessory uses must be residential and include but not limited to cooking, pursuit of hobbies, social gatherings, laundry, bathroom, storage and entertaining guests. The size of the structure is limited to a single story with usable square footage not to exceed three hundred fifty (350) square feet. The structure may incorporate heating and cooling systems and must be designed, permitted and constructed in accordance with Federal, Local and State guidelines and building codes." The proposed accessory structure must be located adjacent to its associated recreational vehicle and comply with the accessory setbacks of. Front yard setback: 10 feet Side yard setback: 5 feet Rear yard setback: 5 feet Staff has conducted a site visit and notes that while the recreational vehicle sites have an enclosed utility /storage area structure, no attached screened -in porches were observed. Currently, the TTRV lots range in size from 55'x97'(3850 square feet) to 80'x901(or 7200 square feet). The individual lots are screened from each other by a wall of vegetation that is typically 10 to 15 -feet tall. In addition, all of the lots either front on a large 35 +/- acre lake or abut a landscape buffer or preserve area. There are no TTRV lots that have an abutting TTRV lot along their rear lot line. PELICAN LAKE PUD, PUDA- PL201300000476 November 21, 2013 Page 4 of 15 r SURROUNDING LAND USE AND ZONING: North: a TTRV Park, with a zoning designation of Silver Lakes MPUD (Mixed -use Planned Unit Development), a 146 + /- acre PUD East: single - family residences with a zoning designation of Copper Cove Preserve RPUD, a 101 + /- acre PUD South: a golf driving range and undeveloped land with a zoning designation of Rural Agriculture (A), and then a residential golf course development with a zoning designation of Fiddler's Creek PUD, a 2133 + /- acre PUD West: Collier Boulevard (SR 951), a 4 -lane arterial road and then undeveloped land with a zoning designation of Rural Agriculture (A) PELICAN LAKE PUD, PUDA- PL201300000476 November 21, 2013 AERIAL PHOTO Page 5 of 15 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY• Future Land Use Element: The Pelican Lake Planned Unit Development (PUD) is within the designated Urban Mixed Use District, Urban Coastal Fringe Subdistrict. The purpose of this Subdistrict is to provide transitional densities between the Conservation designated area (primarily located to the south of the Subdistrict) and the remainder of the Urban designated area (primarily located to the north of the Subdistrict). The Subdistrict comprises those Urban areas south of US 41, generally east of the City of Naples, and generally west of the Rural Fringe Mixed Use District Neutral Lands, but excludes Section 13, Township 51 South, Range 26 East, and comprises approximately 11,354 + /- acres and 10 percent of the Urban Mixed Use District. The entire Subdistrict is located seaward of the Coastal High Hazard Area Boundary. In order to facilitate hurricane evacuation and to protect the adjacent environmentally sensitive Conservation designated area, residential densities within the Subdistrict shall not exceed a maximum of 4 dwelling units per acre, except as allowed in the Density Rating System to exceed 4 units per acre through provision of Affordable Housing and Transfers of Development Rights, and except as allowed by certain FLUE Policies under Objective 5, and except as provided in the Bayshore Gateway Triangle Redevelopment Overlay. New rezones to permit mobile home development within this Subdistrict are prohibited. Rezones are recommended to be in the form of a Planned Unit Development. For the most part, the FLUE is silent to accessory structures - they are simply allowed as uses subordinate to principal uses. The Density Rating System does provide that density calculations only apply to residential dwelling units and do not apply "to accessory dwellings or accessory structures that are not intended and/or not designed for permanent occupancy... include guest houses, servants quarters, mother -in -law's quarters, cabanas, guest suites, and the like." The Pelican Lake PUD was originally approved under Ordinance Number 92 -78 as "Southwoods" PUD on October 20, 1992 for a Recreational Vehicle Park and Commercial Earth Mining for property located at the northeast quadrant of Collier Boulevard (SR 95 1) and Championship Drive. The PUD was later amended on November 18, 1997 by Ordinance Number 97 -70, (repealing the previous Ordinance Number 92 -78), to allow up to 400 (TTRVC) recreational vehicles. Currently, the project is described as being fully developed with 289 platted TTRV lots along with common areas. The applicant seeks to amend Section III of the PUD document, Section 3.3 Permitted Uses, by adding paragraph "c ", to Section 3.3 R 6, accessory uses and structures, as follows: "A detached accessory structure, inhabitable and architecturally compatible with the associated accessory structure in the Park Common areas such as the Clubhouse, post office and gate house. The accessory uses must be residential and include but not limited to cooking, pursuit of hobbies, social gatherings, laundry, bathroom, storage and entertaining of guests. The size of the structure is limited to a single story with usable square footage not to exceed three hundred fifty (350) square feet. The structure must be adjacent to its associated recreational vehicle and in compliance with the setbacks provided in Section 3.4 of this document. The structure may incorporate heating and cooling systems and must be designed, permitted, and constructed in accordance with Federal, State and Local guidelines and building codes. " PELICAN LAKE PUD, PUDA- PL201300000476 November 21, 2013 Page 6 of 15 n Future Land Use Element Policy 5.4 states: "New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance Number 04 -41, adopted June 22, 2004 and effective October 18, 2004, as amended)." Please refer to the Zoning Review section of this Staff Report for the compatibility analysis. Transportation Element: Transportation Planning Staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 -year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the GMP. Conservation and Coastal Management Element (CCME): Environmental review staff found this project to be consistent with the CCME. Based upon the above analysis, Comprehensive Planning Section Staff finds the request for accessory structures to be consistent with the Future land Use Element of the Growth Management Plan. ANALYSIS• Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13. B.5, Planning Commission Hearing and Recommendation (commonly referred to as the "PUD Findings "), and Subsection 10.02.08. F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings "), which establish the legal basis to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, Staff offers the following analyses: Environmental Review: Environmental Services Staff reviewed this petition and recommends approval. Transportation Review: Transportation Staff has reviewed this petition and recommends approval. Utility Review: The Utilities Department Staff has reviewed this petition and recommends approval. Zoning Review: Relationship to Existing and Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be permitted if the proposed zoning action is approved, as it relates to the requirement or limitations set forth in the FLUE of the GMP. The petitioner is seeking to add an additional 350 square -foot accessory structure to a recreational vehicle lot. As previously stated, the PUD currently allows the following accessory structures: a 100 square -foot utility /storage area, and an attached screened -in porch that is not to exceed an area equal to the area of the recreational vehicle to which it is attached. PELICAN LAKE PUD, PUDA- PL201300000476 November 21. 2013 Page 7 of 15 All of the recreational vehicle lots have an accessory 100 square -foot utility /storage area structure. Staff has reviewed the site layout plans that were submitted by the applicant and has concerns regarding the impact of a fully extended recreational vehicle (a recreational vehicle has potentially 4 sides that can "pop -out" up to 30 inches per side), an open awning which can extend up to 8 feet, a screened in porch that can be as large as the recreational vehicle to which it is attached, and a 100 square -foot utility /storage area structure. The cumulative area of all of these accessory uses far exceeds the principal recreational vehicle use more than 3 times. (Note: traditionally, an accessory use can be no larger than 40 percent of the principal use. In this case, the accessory uses are in excess of 300 percent of the principal use.) Staff is concerned about the 350 square foot accessory use being occupied year round, threreby increasing the intensity and density of the seasonal TTRV land use. Staff is also concerned about the impact of the location of the proposed 350 square foot accessory structure on a TTRV lot that can be used for cooking, pursuit of hobbies, social gatherings, laundry, bathroom, storage and entertaining guests. Currently, the PUD document allows for a 5- foot side yard setback. This would result in an accessory structure that can be used for "social gatherings..... and entertaining guests" to be located closer to a neighboring recreational vehicle (10 feet) than it is to the recreational vehicle that it is accessory to. Please see attached Lot Layouts. Staff is also concerned about the impact of the proposed structures on the landscaping which has created a "unique, lush, and tropical feeling" at this recreational vehicle resort park. As previously stated, Staff has conducted a site visit and notes that while the recreational vehicle sites have an enclosed utility /storage area, no attached screened -in porches were observed. /01111 Staff does not recommend approval of the proposed amendment in its current form for the reasons stated above. However, Staff could recommend approval if the PUD document were revised to: 1. Allow either an enclosed utility /storage area not to exceed an area of 100 square feet as described in PUD Section 3.3 B.6. a. or a 350 square -foot accessory structure as described in the proposed amendment language. 2. Specify that the 350 square -foot accessory structure shall have a height limit of 15 feet. 3. The 350 square -foot accessory structure shall not be in use when the motor coach is not parked at the site. Staff proposes that the PUD language be revised to state the following: c) A detached accessory structure, inhabitable architecturally compatible with the asseeiaW aeeessefy st etufe in the Park Commen areas sueh as the clubhouse, post office and gate house. The accessory use, must be S A- -.,-al and inelude but not limited to structure is limited to the following uses: cooking, pursuit of hobbies, social gatherings, laundry, bathroom, storage and entertaining guests. The size of the structure is limited to single story with usable maximum square footage not to exceed three hundred fifty (350) square feet. The PELICAN LAKE PUD, PUDA- PL201300000476 November 21, 2013 Page 8 of 15 structure must be adjacent to its associated recreational vehicle and otherwise in compliance with the setbacks provided in Section 3.4 of this document. The structure may incorporate heating and cooling systems and must be designed, permitted, and constructed in accordance with Federal, Local and State guidelines and building codes. PUD FINDINGS: LDC Subsection 10.02.13.13.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria:" 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. This is a PUD amendment. The previously approved TTRV land uses remain and this amendment is for the purpose of allowing an additional accessory use. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. The PUD document and the general LDC development regulations make appropriate provisions for the continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GMP. County Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, Staff is of the opinion that this petition can be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed PUD amendment to add a 350 square foot accessory structure has no impact on the external compatibility of the subject PUD. However, the proposed addition of the 350 square foot accessory structure does have an impact on the internal compatibility of the land uses within the subject PUD. As previously mentioned, the additional impact of proposed accessory structure with the other permissible accessory structures is 3 to 4 times the size of the principal structure that it serves. PELICAN LAKE PUD, PUDA- PL201300000476 November 21, 2013 Page 9 of 15 Furthermore, the proposed additional accessory structure has a noise impact on the neighboring recreational vehicle located on the adjacent lot. It also has an impact on the existing landscaping that is located between adjacent TTRV lots as the landscaping is wider than the 5 -foot side yard setback. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The open space set aside for this project meets the minimum requirement of the LDC. 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. All necessary improvements and facilities are already in place to serve this development. In addition, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. If "ability" implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, then the subject property has the ability to support expansion based upon the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application ofsuch regulations. As mentioned previously in this Staff Report, the proposed addition of a 350 square -foot accessory structure proposed will conform with current PUD regulations. However, Staff is requesting a height limitation of 15 feet in order to create greater compatibility. REZONE FINDINGS: LDC Subsection 10.03.08 F. states, "When pertaining to the rezoning of land, the report and recommendations of the planning commission to the Board of County Commissioners... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning Department has indicated that the proposed PUD amendment is consistent with all applicable elements of the Future Growth Management Plan (GMP). PELICAN LAKE PUD, PUDA- PL201300000476 November 21, 2013 Page 10 of 15 2. The existing land use pattern. This amendment will not affect the existing land use pattern. The existing land use pattern will remain the same. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Not applicable. The district boundary is existing and established. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Not applicable. The districts are existing and established. S. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed change is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to do so. 6 Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will adversely impact the living conditions in the neighborhood. As previously stated, the accessory 100 square -foot utility /storage area structure, the fully extended recreational vehicle ( "pop- outs" up to 30 inches on each side of the RV), the open awning extending up to 8 feet, and a screened in porch that can be as large as the recreational vehicle to which it is attached, all contribute to a congested, cluttered RV lot. The cumulative area of all of these accessory uses far exceeds the principal recreational vehicle use more than 3 times. In addition, the current setback for accessory structures such as the proposed 350 square -foot accessory structure is a 5 -foot side yard setback. This will result in an accessory structure location that is closer to the neighboring RV than the RV that it serves and is accessory to. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed amendment will not adversely impact traffic circulation. 8. Whether the proposed change will create a drainage problem. The proposed amendment will not affect drainage. Furthermore, the site is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed amendment will not reduce light and air into adjacent areas. The development PELICAN LAKE PUD, PUDA- PL201300000476 November 21, 2013 Page 11 of 15 standards such as height limitations, setbacks, open space and landscaping provisions ensure adequate light and movement of air into adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. All of the properties adjacent to the subject site are already developed except for the Agricultural zoned properties located to the south and west. The basic premise underlying all of the development standards in Section III of the PUD document and the Land Development Code is that their sound application, when combined with the site development plan approval process and /or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. / N, The proposed development complies with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The property already has a PUD zoning designation and could be developed within the parameters of that zoning ordinance; however, the petitioner is seeking this amendment in compliance with LDC provisions for such amendments. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed amendment meets the intent of the PUD district and further, if the Staff recommendations are incorporated into the PUD document, the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed 350 square -foot accessory structure is out of scale with the needs of the neighborhood. However, as previously stated, if the Staff recommendations are incorporated PELICAN LAKE PUD, PUDA- PL201300000476 November 21, 2013 Page 12 of 15 10-1 into the PUD document, the proposed amendment could be found to be in scale with the neighborhood. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. This finding is not applicable to this project. The TTRV use is already permitted on this site. 16 The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD document would require some site alteration. This project will undergo evaluation relative to all federal, state, and local development regulations during the building permit process. 17. The impact of development. on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The development will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities for the project. It must be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that no Level of Service will be adversely impacted. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant duly noticed and held the required meeting on August 28, 2013 at 5:30 p.m. at the Pelican Lake Clubhouse at 4555 Southern Breeze Drive, Naples, Florida. Approximately 7 people from the community along with the applicant, agent, Home Owner's Representatives and County Staff attended the meeting. For further information please see Attachment C: "Summary of Neighborhood Information Meeting for Pelican Lake PUDA" prepared by the applicant. To date, no letters of opposition have been received. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office has reviewed the staff report for Petition PUDA- PL20130000476 on .-� November 14, 2013. PELICAN LAKE PUD, PUDA- PL201300000476 November 21, 2013 Page 13 of 15 RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDA- PL20130000476 to the Board of County Commissioners with a recommendation of approval subject to the following revisions to the PUD document: 1. Allow either an enclosed utility /storage area not to exceed an area of 100 square feet as described in PUD Section 3.3 B.6. a. or a 350 square -foot accessory structure as described in the proposed amendment language. 3. Specify that the 350 square -foot accessory structure shall have a height limit of 15 feet. 4. The 350 square -foot accessory structure shall not be in use when the motor coach is not parked at the site. 4. The proposed PUD language shall be revised to state: c) A detached accessory structure, inhabitable architecturally compatible with the asseeiated aeeesseFy stmetufe in the Park Common a as sueh the clubhouse, post office and gate house. The accessory uses must be- residefftial anA J-1--de but not limited to structure is limited to the following uses: cooking, pursuit of hobbies, social gatherings, laundry, bathroom, storage and entertaining guests. The size of the structure is limited to single story with usable maximum square footage not to exceed three hundred fifty (350) square feet. The structure must be adjacent to its associated recreational vehicle and otherwise in compliance with the setbacks provided in Section 3.4 of this document. The structure may incorporate heating and cooling systems and must be designed, permitted, and constructed in accordance with Federal, Local and State guidelines and building codes. Attachments: A. Proposed PUD Ordinance B. Ordinance Number 97 -70 C. Lot Layouts D. Summary of Neighborhood Information Meeting for Pelican Lake PUDA PELICAN LAKE PUD, PUDA- PL201300000476 November 21, 2013 Page 14 of 15 PREPARED BY: NANCY G &VT( H , AICP, PRINCIPAL PLANNER GROWTH ( EMENT DIVISION REVIEWED BY: RAYM44D V. BELLOWS, ZONING MANAGER GROW MANAGEMENT DIVISION MICHAEL BOSI, AICP, DIRECTOR GROWTH MANAGEMENT DIVISION APPROVED BY: NICK CAS A GUIDA, ADM TOR GROWTH MANAGEMENT DIVISION 11i yp `LEA 2e'13 11.12.13 DATE DATE )I -zu -1 3 DATE Tentatively scheduled for the January 28, 2013 Board of County Commissioners Meeting PELICAN LAKE PUD, PUDA- PL201300000476 November 21, 2013 Page 15 of 15 ORDINANCE NO. 14- AN ORDINANCE AMENDING ORDINANCE NUMBER 97 -70, THE PELICAN LAKE PLANNED UNIT DEVELOPMENT, TO ALLOW ON A RECREATIONAL VEHICLE LOT AN ADDITIONAL ACCESSORY STRUCTURE WITH UP TO 350 SQUARE FEET OF AREA FOR COOKING LAUNDRY, STORAGE OR RECREATIONAL ACTIVITIES. THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (SR -951) IN SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 101.3 + /- ACRES. jPUDA- PL201300004761 WHEREAS, on November 18, 1997, the Board of County Commissioners approved Ordinance No. 97 -70 which established the Pelican Lake Planned Unit Development zoning classification; and WHEREAS, Pelican Lake Property Owners Association of Collier County, Inc. represented by Christopher J. Thornton, Esquire of Goede, Adamczyk & DeBoest, PLLC petitioned the Board of County Commissioners of Collier County, Florida to add an accessory use to the Pelican Lake PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION 3.3.B.6 ENTITLED ACCESSORY USES OF THE PUD DOCUMENT ATTACHED AS EXHIBIT A TO ORDINANCE NO. 97-70. Subsection 3.3.13.6 of Section III of the Planned Unit Development, attached as Exhibit "A" to Ordinance No. 97 -70, is hereby amended to read as follows: 6. Accessory uses and structures customarily associated with travel trailer recreational vehicle lots, including: a) An enclosed utility /storage area not to exceed an area of one hundred (100) square feet. Any utility /storage area may be located adjacent to its associated recreation vehicle in compliance with the setbacks provided in Section 3.4.0 of this document. The utility /storage area may be a continuous part of a screened -in porch where such a porch is attached to the vehicle as herein provided. b) An attached screened -in porch elevated or at ground level with a solid roof structure, architecturally compatible with its associated recreation vehicle, not to exceed an area equal to the area of the recreational vehicle to which it is attached. Said screened -in porch may provide for any site utility /storage Pelican Lake PUD Page 1 of 2 PUDA- PL20130000476 Text underlined is added; text stmt is deleted 11/12/13 Attachment A space requirements as herein provided and shall not contain any other interior walls. All such screened enclosures must be permitted and constructed according to this Code and applicable building codes. No heating, air conditioning or heater systems or parts of systems including ducts or grills may be constructed or contained in such screened -in porch. Exterior walls may be enclosed with vinyl windows, except that the storage area may be enclosed with the same material as the principal unit. c) A detached accessory structure architecturally compatible with the clubhouse post office and gate house The accessory structure is limited to the following uses: cooking pursuit of hobbies social gatherings laundry bathroom storage and entertaining_ guests. The size of the structure is limited to single story, up to fifteen (15) feet in actual height, with maximum square footage not to exceed three hundred fifty_(350 square feet The structure must be adiacent to its associated recreational vehicle and otherwise in compliance with the setbacks provided in Section 3.4 of this document The structure may incomorate heating and cooling systems and must be designed permitted and constructed in accordance with Federal Local and State guidelines and building codes. SECTION TWO: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2014. ATTEST: DWIGHT E. BROCK, CLERK : Deputy Clerk Approved as to form and legality: n P7 Heidi Ashton -Cicko Managing Assistant County Attorney Attachment: Exhibit A - CP \13- CPS - 01235 \52 Ln BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQUIRE Chairwoman Pelican Lake PUD Page 2 of 2 PUDA- PL20130000476 Text underlined is added; text stmek thFough is deleted 11/12/13 0 ORDINANCE 97 -70 N AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND G DEVELOPMENT CODE, WHICH INCLUDES THE n COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAPS) NUMBERED 1615N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN .DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" b PLANNED UNIT DEVELOPMENT KNOWN AS --PELICAN LAKE, FOR PROPERTY LOCATED ON THE C - EAST SIDE OF SR -951, IN SECTION 15, \� TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER ^�S'• COUNTY, FLORIDA, CONSISTING OF 101.3± - ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 92 -18, AS AMENDED, THE FORMER SOUTHWOODS PUD; AND BY PROVIDING AN EFFECTIVE DATE. N �1 G n c > �7 b C - m d WHEREAS, Bruce Tyson of Wilson, ?;filler, Barton & Peek, Inc., representing Pelican Lake limited Partnership, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THERE:ORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 15, Township 51 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map(s) numbered 1615N, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 92 -78, as amended, known as the Southwoods PUD, adopted on October 20, 1992 by the Board of County Commissioners of 0 Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PUDA- PL20130000476 REV:1 PELICAN LAKES DATE: 6/25/13 _ 1 _ DUE: 7/24/13 Attachment B PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this /Yaday ofQ?�.h 1997. ATTEST: BOARD OF COUNTY COMMISSIONERS ..QSrIZ6FjT••'E� "BRQ�K ;': Clerk COLLIER COUNTY, FLORIDA v • . ::+.. •� ,err_(' . t : ;w•.,`' c• �• r•�; 1::,. +: BY: - -- TIMOTHXLr HANCOCK, Chairman dal: ~• S :': 1'i ve I:ega7;�$i�fb: brie lc3% t' A This ordinar r— ^r with the M` ie ' M S uy en 'fi? Secretary cf S' _ C;!. ce the Assistant County Attorney 441=--d:y c•f 7j arr, _, Z21 2 and cck *+o v'r..': went of that filing r—cieed this 9,c--d—day UFUD- 92-6tlf ordinance of - By a." civk 0 -2- M 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 copy of: Oi DINANCE NO. 97•-70 Which was adopted by the Board of County Commissioners on the 18th day of November, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of November, 1997. DWIGHT E. BROCK Clerk of Courts and;6`1er'k' •" ..`'�. ' Ex- officio to Board o� County Commissions:. '� l� •t• ice• By: /s/ od S: Deputy Cldrk ?'•"'. .• ' PELICAN LAKE A PLANNED UNIT DEVELOPMENT 101.3± Acres Located in Section 15 Is Township 51 South, Range 26 East, Collier County, Florida PREPARED FOR: PELICAN LAKE LIMITED PARTNERSHIP 2330 W. JOPPA ROAD, SUITE 210 LLTHERVILLE, MD 21093 PREPARED BY: WILSON, MILLER, BARTON & PEEK, INC. 3200 BAILEY LANE, SUITE 200 NAPLES, FLORIDA 34105 AND YOUNG, VANASSENDERP & VARNADOE 801 LAUREL OAK DRIVE, SUITE 300 NAPLES, FLORIDA 34108 JUNE, 1997 DATE REVISED Oct 21,1 992 DATE REVIEWED BY CCPC Sept. 17, 1992 DATE APPROVED BY BCC Oct. 20. 1992 ORDINANCE NUMBER 92 -78 AMENDMENT FILED June 25, 1997 DATE APPROVED BY CCPC DATE APPROVED BY BCC Nov. 18, 1997 ORDINANCE NUMBER 97 -70 162M.29US Ver. 024lTyw FM7.0140"M73 TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE AND SHORT TITLE • SECTION I - PROPERTY OWNERSHIP &c LEGAL DESCRIPTION SECTION II - PROJECT DEVELOPMENT SECTION III - RECREATIONAL VEHICLE LAND USE SECTION IV - CYPRESS PRESEk`IE SECTION V - GENERAL DEVELOPMENT COMMITMENTS 8 ,«m.rws v..; ou•e'rr� NQ217-001400• ►•7717 PAGE ii 1 -I 2 -1 3 -1 4 -1 5 -1 LIST OF EXHIBITS EXHIBIT A PUD MASTER PLAN AND CONCEPTUAL SURFACE WATER MANAGEMENT PLAN (WMB &P, INC. FILE NO. RZ -206a) • EXHIBIT B AERIAL PHOTOGRAPH AND LOCATION MAP (WMB &P, INC. FILE NO. RZ -206b) EXHIBIT C BOUNDARY AND TOPOGRAPHIC SURVEY (WMB &P, INC. FILE NO. 4J- 241) EXHIBIT D COMMUNITY SERVICES MAP EXHIBIT E LANDSCAPE BERM AND BUFFER STATE ROAD 951 AND MARRIOTT CLUB DRIVE (CHAMPIONSHIP DRIVE) (WMB &P, INC. FILE NO. RZ- 206e) 11 IWM.29695 vK:01I -atymn "J&A f. riW74914Dar -7373 STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of the WMBS &P Profit Sharing Plan and Trust, hereinafter referred to as the Developer, to create a Planned Unit Development (PUD) on 101.3-+ acres of land located in Section 15, Township 51 South, Range 26 East, Collier County, Florida. The name of this proposed Project shall be PELICAN LAKE. The development of PELICAN LAKE as a PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element. 2. The Future Land Use Element of the Growth Management Plan makes an exception of Recreational Vehicle Campground or Parks from the density rating system applicable to all other residential development, and specifically provides that the density prescribed in the TTRVC zoning district is the density that is allowed. A PUD entirely devoted to recreational vehicle development is for all intent and purposes equivalent to the TTRVC zoning district. 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in substantial compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 5. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3. LH and L of the Future Land Use Element. 6. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 1W W -""S va- w-B7ywe e.u•10-ms NW7- W14X0 -t -t3n r -- iii n u 7. The subject property is within the area encompassed by the Stipulation for Dismissal and Settlement Agreement, dated July 20, 1982, between Deltona Corporation, various agencies of the State of Florida, conservation intervenors, and Collier County, hereinafter referred to as the "Settlement Agreement." SHORT TITLE This ordinance shall be known and cited as the "PELICAN LAKE PLANNED UNIT DEVELOPMENT ORDINANCE ". IVA 161M.2%9$ Va: 01I•BTywm oks-1 —M1 WIM01-000 -F7171 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the location and ownership of the property, and to i describe the existing condition of the property proposed to be developed under the project �i name of Pelican Lake. The subject property being approximately 101.3 acres, is described as: The south 1100 feet of the north %z, of the north ' /z, of Section 15, Township 51 south, Range 26 east, lying east of State Road No.951, Collier County, Florida. JIM The subject property is currently under the ownership of Pelican Lake Limited Partnership, 2330 W. Joppa Blvd., Suite 210, Lutherville, MD 21093. ► :: ; [0 1901 G' A. The project site is located in Section 15, Township 51 south. Range 26 east, and is bordered on the west by State Road 951, on the north by undeveloped land and Silver Lakes PUD, on the east by property zoned MHSD and on the south by Championship Drive and Marco Shores PUD. B. The reference and zoning classification of the subject property prior to the date of this approved PUD Document was Southwoods PUD. AMWW'M 161410 9111 W I IQ ► The project site is located within South Florida Water Management District No. 6. Natural drainage of the site is in a northeast to southwest direction. Sheetflow from the north is collected by an interceptor ditch located in the Championship Drive right -of -way. This interceptor ditch discharges south and west via the SR 951 right-of-way ditch and a drainage pipe under Championship Drive discharging in Marco Shores PUD. The proposed water management system will be the lake detention type. 104M -29wS Va 011 -BTy, NOtMMI- 000.71.7777 i Vegetation on site is predominantly pine flatwoods. A small cypress area, to be preserved, is located adjacent to the eastern property line. Elevations within the site range from 2.3 to 3.8 feet above mean sea level. Most of the site averages an elevation of 3.0. All of the site is within Flood Zone AE7 according to FIRM Map 120067 061 SD. Pelican Lake PUD shall be a Recreational Vehicle (MV) park with associated facilities which may include, but shall not be limited to, a clubhouse, associated recreational facilities and customary accessory uses, a cypress preserve and open space as more specifically set forth in Section 3 of this document. IM7-2a1 ver: of I.eTym 1-2 RI�.LL�Iw r+atsiooi.000�ras» a • SECTION II PROJECT DEVELOPMENT 2.1 P IR[ POSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. A. Regulations for development of Pelican Lake shall be in accordance with the contents of this document, PUD- Planned Unit Development District and other applicable sections and parts of the Collier County Land Developntcnt Code in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. Development permitted by the approval of this petition will be subject to a concurrency review under the Adequate Public Facilities Article 3, Division 3.15 of the Collier County Land Development Code or its successor provision at the time of building permit issuance. D. All conditions imposed herein or contained on the Master Plan for Pelican Lake PUD are part of the regulations which govern the manner in which the site may be developed. IWW7.29US Ver: 01 #.BTyw nt —u�'% N0227.001 W0�.7)7) 2 -1 1. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A ", PUD Master Plan, (WMB &P, Inc. File No. RZ- 206a). Minor variations to land use designations and acreage within the project may be permitted at final design to accommodate vegetation, encroachments, utilities, market conditions, and other hereto unforeseen site conditions. The specific location, size, and configuration of individual tracts or recreational vehicle sites shall be determined at the time of site development plan approval in accordance with Article 3 Division 3.3 of the Collier County Land Development Code, or its successor provision. W C X" 8 1 A maximum of 400 TTRV lots shall be constructed in the total project area. Tile gross project area is approximately J013 acres. The gross project density, therefore, will be a maximum of 3.9 units per acre. ' O. "T 'AN1113XI1111111431 u A. If TTRV lots arc sold on a fee simple basis, the project shall follow the design and development standards and review procedures in accordance with the requirements established in Article 3, Division 3.2 of the Collier County Land Development Code or its successor provision. The developer reserves the right to request substitutions to the standards set forth in applicable regulations. B. If the project is operated as a rental park (no fee simple sale of 'I "TRV lots), the project shall follow the standards and review procedures established in Article 3. Division 3.3 of the Collier County Land Development Code, or its successor provision. C. Appropriate instruments will be provided at the time of infrastructure) improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6 IZOADWAYS Roads and other infrastructure may be either public or private, depending on location, capacity, and design. The detennination as to whether a road shall be public or private shall be made by the developer, his successors or assignee at the time of County approval. Standards for roads shall be in compliance with the applicable provisions of County Code 16"i-MIS vn' 01I. rymn 2-2 W3 t.aa 4MP -7)7s regulating subdivisions, unless otherwise approved as a substitution during subdivision approval. Standards for roads shall also be in compliance with the applicable provisions of the Settlement Agreement. The Developer, his successors or assignee reserve the right to request substitutions to Code design standards in accordance with Article 3, Division 3.2., Section 3.2.7.2 of the Collier County Land Development Code, provided the proposed standards would be consistent with the Settlement Agreement standards. 2.7 LAKE SITING The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7 of the Collier County Land Development Code may be reduced with the approval of Project Review Services. Utilization of the rights -of -way for landscaping decorative entrance ways and signage shall be reviewed and approved by Project Review Services prior to any installations. u1 ODIN14111,093f.311MIN ► C Model homes and a Sales Center shall be permissible pursuant to the requirements of Article 2, Division 2.6, Section 2.6.33.5 and Article 3, Division 3.2, Section 3.2.6.3.6, of the .--� Collier County Land Development Code or their successor provision. / 1 :U OW 1010 RN"I Wi 13111191115 1 Dia 01,114 1 3 FIV3 1 D1 hoe W WANZ Amendments may be made to the PUD Document or PUD Master Plan as provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land Development Code, or its successor provision. 19.0013 113 11iff.3 IN "4 3 "L lZINDIURaOR If the property is to be subdivided into any individual tracts or lots to be transferred to another entity, then in that event, the developer shall create a property owners association whose function shall include provision for the perpetual care and maintenance of all common facilities and open spaces subject further to the provisions contained herein. Said property owners association shall provide restrictive covenants concerning the use of the common facilities and open space and shall provide an assessment process for funding the maintenance and care of said facilities. 10M7.2%9S Ver: an.ar," 2 -3 WAII .ft NM7-001-000 -I -7377 SECTION III RECREATIONAL VEHICLE LAND USE The purpose of this Section is to identify specific development standards for areas designated on Exhibit "A ", PUD Master Plan as Recreational Vehicle (TTRV), Recreation and/or Open Space. u :. a ►l , i -iCi ITTL� The maximum number of TTR`. lots allowed within the project is 400. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Travel trailers, park trailers, truck campers, camping trailers, motor homes, conversion vans and any other recreational vehicle not specifically mentioned, that is designed to provide temporary or seasonal living quarters for recreational, camping or travel use: One (1) per lot, or site. 2. Commercial earthmining. 3. Any other use or service which is comparable in nature with the uses set forth in 3.3.A.1. of this document and which the Development Services Director determines to be compatible in the district. B. Accessory Uses: 1. Customary uses and structures that are accessory and incidental to the uses permitted as of right. 2. One (1) caretakers residence in conjunction with the operation of the park. 10MM-N"S Va.01i•BTywn R1h.�.. .. 3 -t NW7-001 -GWP -7373 I Accessory uses and structures customarily associated with travel trailer recreational vehicle parks, including recreation and social facilities (both indoor and outdoor), administration buildings, service/maintenance buildings including bathrooms, storage (including RV and boat storage), laundries and similar services for residents of the park. 4. Pedestrian and bicycle paths or other similar facilities constructed for purposes of access to, or passage through the recreation and open space areas. 5. Small docks, piers or other such facilities constructed for purposes of lake recreation. 6. Accessory uses and structures customarily associated with travel trailer recreational vehicle lots, including: a) An enclosed utility /storage area not to exceed an area of one hundred (100) square feet. Any utility /storage area may be located adjacent to its associated recreation vehicle in compliance with the setbacks provided in Section 3.4.0 of this document. The utility/storage area may be a continuous part of a screened -in porch where such a porch is attached to the vehicle as herein provided. b) An attached screened -in porch elevated or at ground level with a solid roof structure, architecturally compatible with its associated recreation vehicle, not to exceed an area equal to the area of the recreational vehicle to which it is attached. Said screened -in porch may provide for any site utility /storage space requirements as herein provided and shall not contain any other interior walls. All such screened enclosures must be permitted and constructed according to this Code and applicable building codes. No heating, air conditioning or heater systems or parts of systems including ducts or grills may be constructed or contained in such screened -in porch. Exterior walls may be enclosed with vinyl windows, except that the storage area may be enclosed with the same material as the principal unit. 7. A convenience commercial facility (including store, laundry and dry cleaning agencies, beauty shops and barber shops) no greater than fifteen thousand square feet (15,000) in total land area. This facility shall provide for the exclusive sale of convenience items to park patrons only, and shall present no visible evidence of their commercial character, including signage IOAM -""S Vec 011 -STywn n.tr.tt�iw 7-0OI o0o ram 3 -2 and lighting, from any public or private street or right or way external to the park. 8. Water Management Facilities and lakes. ar'lliff-ITOW DI IM 0 IYA I : 6. A. Minimum Lot Area: 2800 square feet, 5600 square feet for caretakers residence. 0 B. Minimum Lot Dimensions: 1. Width: Average of 40 feet 2. Depth: Average of 70 feet C. Minimum Yards: 1. Front: Ten (10) feet 2. Side: 'Five (5) feet 3. Rear: Eight (8) feet, rive (5) feet for an enclosed utility /storage area located on a TTRV lot. 4. From Exterior Boundary of Park: Thirty (30) feet 5. From State Road 951 or Championship Drive: Fifty (50) feet 6. From Buildings or Structures: Ten (10) feet, no setback from an enclosed utility /storage area adjacent to its associated recreation vehicle. D. Maximum Height of Structures: Thirty (30) feet A. Electricity, central water and sewer shall be available to each TTRV lot. B. A trash container such as a dumpster may be located in areas easily accessible and not obstructed by TTRV lots or the developer or property owners association may contract with a solid waste collection and disposal service. C. An enclosed space shall be open at all times wherein a portable fire extinguisher in operable condition and first aid equipment is available and a telephone is available for public use. 1&"7.2W5 Vsr. OI I•DTy. �.1,.,llim % 3 -3 Z7401400-1-4371 Parking for principal uses shall be as set forth in Article 2, Division 2.3, Section 2.3.14 of the Collier County Land Development Code or successor provision. Parking for accessory uses may be computed at 50% of the normal requirements set forth in Article 2, Division 2.3, Section 2.3.14 of the Collier County Land Development Code, or successor provision. 3.7 REQUIRED BUFFERS A. Adjacent to State Road 951 and Championship Drive: An area not less than twenty feet (20') in width shall be provided. This area shall include a landscaped area of five feet (5') inside its entire length. The landscape plan for this area will be determined at project plan approval in accordance with Section 2.5 A or B of this document. The enth . buffer area may be combined to achieve a visual screen between State Road 951 /Championship Drive and the TTRV park. A perimeter berm and Swale may be permitted within the buffer area. Irrespective of the foregoing, a minimum distance of fifty (50) feet shall be maintained between the proposed on -site road pavement surface running parallel to S.R. 951 and the most easterly pavement surface on S.R. 951. B. All other project boundaries: A buffer strip at least fifteen feet (15') wide in which ornamental screening composed of structural or plant material shall be provided. The landscape plan for this area will be determined at project plan approval in accordance with Section 25A or B of this document. A perimeter berm and swale may be permitted within the buffer area. No buncr shall be required between the Cypress preserve and the project boundary. C. No buffer shall be required between recreation areas and TTRV lots. D. Required buffers shall be maintained and constructed in accordance with the landscape provisions of Article 2, Division 2.4 of the Collier County Land Development Code, or its successor provision. e C :CI Standards for parking, landscaping, signage, lighting and other land uses not specified herein are to be in accordance with the Collier County [and Development Code in elfect at the time of Project Plan Approval as stipulated in Section 2.5 of this document. I6"74W5 Vu 01I•Vrm t+o: »aol.oao.raz» 3-4 Recreational vehicles may be permanently located on a lot; however, no permanent residency is allowed. A covenant running with the land shall be recorded in the Public Records of Collier County referencing the PUD's restriction on permanent residency. Compliance with this provision shall be insured by utilizing the following enforcement measures: MA. Lots rented: For those lots that are rented, the park manager shall maintain a register of tenants or occupants of the park, noting the duration of the rental arrangement. This register shall track the occupancy of rental lots, and shall be provided to persons employed by Collier County, in an official capacity, upon their request. Failure to provide said register, duly describing the persons who have occupied a lot, and their occupancy shall be subject to the penalties prescribed by Collier County. B. Lots Sold: For those lots that are sold, the developer /owner ol'the lots shall include in the sales contract a notice that current zoning regulations prohibits the use of the lot for permanent occupancy. The new lot owner is responsible for registering his or her arrival and departure from their unit with the manager of the park. Failure to register will hold the new lot owner responsible for any penalties imposed by Collier County. 3.10 PERMANENCY CONTINGENCY If, after the approval of this PUD, Collier County adopts a policy or ordinance to allow permanent occupancy of recreational vehicles in 'ITRVC or similar zoning districts, Section 3.9 of this PUD document shall become null and void. 3.11 FLOOD PLAIN ELEVATIONS All travel trailers, park model travel trailers, recreational vehicles and accessory structures shall meet flood plain elevation if permanently attached to the ground or utility facilities. Park model travel trailers must be anchored in accordance with the standartis set forth in the Collier County Mobile IIonic District (MI l) and 'I "I'IZV(' District and other applicable regulations and be connected to a public or private water and sewer system. Additionally. such units must obtain electrical service directly from the electric utility authorized to provide such service in Collier County. "IMT -MAS Vv 011•BTymn N)2)7401. MP• 7) 7) 3 -S 3.13 DEFINITIONS (Taken from I996 Supplement, Chapter 320.01, Definitions, general. Florida Statutes.) A. Recreational Vehicle: A unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. B. Park Trailer: A transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. The total area of the unit in a setup mode, when measured from the exterior surface of th; exterior stud walls at the level of maximum dimensions, not including any bay window, does not exceed 400 square feet when constructed to ANSI A -119.5 standards, and 500 square feet when constructed to United States Department of Housing and Urban Development Standards. The length of a park trailer means the distance from the exterior of the front of the body (nearest to the drawbar and coupling mechanism) to the exterior of the rear of the bcxfv (at (lie opposite end of the body), including any protrusions. C. Travel Trailer (includes fifth -wheel travel trailer): A vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle. It is primarily designed and constructed to provide temporary living quarters for recreational, camping, or travel use. It has a body width of no more than 8 1/2 feet and an overall body length of no more than 40 feet when factory equipped for the road. D. Camping Trailer: A vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfbld at the campsite to provide temporary living quarters for recreational, camping, or travel use. I&W-2062S Vv 011 -1%tyow „f..,.. NOW- oo1- WO -P -IM 3 -6 E. Truck Camper: A track which is equipped with a portable unit designed to be loaded onto, or affixed to, the bed or chassis of the truck and constructed to provide temporary living quarters for recreational, camping, or travel use. F. Motor Home: A vehicular unit which does not exceed 40 feet in length and the height and width limitations provided in S. 316.515, is a self - propelled motor vehicle, and is primarily designed to provide temporary living quarters for recreational, camping, or travel use. G. Conversion Van: A vehicular unit which does not exceed the length and height limitations provided in S. 316.515, is built on a self - propelled motor chassis, and is designed for recreation, camping and travel use. H. Private Motor Coach A vehicular unit which does not exceed the length, width and height limitations provided in S. 316.515 (9), is build on a self - propelled bus type chassis having no fewer than three load bearing axles, and is primarily designed to provide temporary quarters for recreational, camping, or travel use. 10Aw7•29w5 va 0I1.0ry. NW7.001-000. ►.777) SECTION IV CYPRESS PRESERVE 4.1 PURPOSE The purpose of this Section is to set forth the development plan for the area designated Cypress Preserve on Exhibit "A ", PUD Master Plan (WMB &P, Inc. File No. RZ- 206a). The primary function and purpose of this Tract will be to preserve and protect native flora and fauna in its natural state. No structure or part thereof, shall be erected, altered, or used, or land used, in whole or in part, for other than the following: A. Principal Uses: IMM-29"S vo- on•ety� ".��•usns N01.17.001.00b ►•1) f I Open space/Nature Preserve 2. Boardwalks or pervious paths 4 -1 SECTION V r", GENERAL DEVELOPMENT COMMI'T'MENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments of the project. All facilities shall be constructed in accordance with Final Site Development Plans, Final Subdivision Plats and all applicable State and local laws, codes, and regulations in effect at the time of each approval, except as otherwise noted herein. Except where specifically noted or stated otherwise, as for matters addressed in the Settlement Agreement, the standards and specification., of the official Collier County Land Development Code shall apply to this project. The developer, his successors and assigns shall be responsible for the commitments outlined in this document. The developer, his successors or assignee shall agree to develop in accordance with Exhibit "A ", PUD Master Plan and the regulations of the PUD as adopted, and any other conditions of modifications as may be agreed to for the rezoning of the property. In addition, the developer will agree to convey to any successor or assignees in title, any commitments within this agreement. A. Exhibit A, P.U.D. Master Plan (WMB &P, Inc. File No RZ -206a) is an illustrative preliminary development plan. The design criteria and layout illustrated on the Master Plan shall be understood to be flexible, so that, the final design may satisfy project criteria and comply with all applicable requirements of this ordinance. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. C. Site design refinements shall be permitted subject to County stall•administrative approval, where such changes are consistent with the intent of this P.U.D. and du not cause significant impact to surrounding properties. Amendments to the P.U.D. Master Plan and document shall be accomplished in accordance with Article 2, Division 2.7, Section 2.7.3.5. of the Collier County Land Development Code or its successor provision. IM/97•ivau Va W-STy" ".la r tcw�w N0237.0014MP•7)7) 5 -t 11� ��Iwlffil R I eltma wix" *y Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land Development Code or its successor provision, accommodation shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, homeowners associations, or tenants associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. u 1 ► ! C ► ! C An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6. of the Collier County Land Development Code or its successor provision. RIVINEIRT3040XV : fiUNI The development of the PUD Master Plan shall be subject to and governed by the following conditions: A. The Developer, his successors or assignee shall provide local level street lighting at all project entrances. B. The Developer, his successors or assignee shall be responsible for the payment of impact fees for both the excavation phase of the development and for the lot development at the rates and in the manner stipulated by Ordinance 92 -22. C. All entrance turning radii should be at least 50 ibet to accommodate the larger vehicles expected in this type of development. D. Work within and improvements to S.R. 951 shall be coordinated with and permitted by the Florida Department of Transportation. C u u The development of the PUD Master Plan shall be subject to and governed by the following conditions: 1awi.1W,11 Va 01�- pTYMrn �. 5.2 N0237-001.000- P.7)71 A. The Developer, his successors or assignee shall adhere to the requirements of Exhibit E - "Conceptual Drainage Design Criteria" of the Stipulations for Dismissal and Settlement Agreement dated July 20, 1982. B. Should the South Florida Water Management District, or any other agency, during its review process require significant changes to be made to the site plan and/or the water management facilities, Collier County reserves the right to re- review the project and have it heard by the Environmental Advisory Board. iC. A twenty (20) foot maintenance easement shall be provided to allow maintenance access to the lake. D. A littoral shelf shall be provided on the lake equal to 10% of the shoreline. The type, quantity and spacing of plants shall be submitted to Project Review Services for approval. E. The commercial excavation permit cannot be issued until the Planned Unit Development Petition No. PUD -92 -6 is approved by the Board of County Commissioners. 5.8 UTILITIES The development of the PUD Master Plan shall be subject to and governed by the following conditions: 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 water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project until the County's off -site water and/or sewer facilities are available to serve the project. C. The on -site water distribution system to serve the project must be consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system: ION97•]96tS Vs 01�- BTyfon ni. tasn. W2374014 O P-W) 5 -3 1. Dead end mains shall be eliminated by looping the internal pipeline network. 2. Stubs for future system interconnection with adjacent properties shall be provided at locations to be mutually agreed to by the County and the Developer during the design phase of the project. D. The existing off -site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. E. 'fhe existing off -site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project and improved as required outside the projects boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. 5.9 ENGII\EERIN The development of the PUD Master Plan shall be subject to and governed by the }'Mowing conditions: A. The Developer, his successors or assignee shall adhere to all requirements of the Dedication dated October 31, 1990 between Wilbur M. Christiansen, Jr. and Gary L. Danca and Collier County as recorded in O.R. Book 1572, Pages 2253 through 2257. B. The Developer, his successors or assignee shall adhere to all applicable requirements of the Stipulation for Dismissal and Settlement Agreement dated July 30, 1982. NNUT 1 1 ►� At such time as the Developer, his successors or assignee has prepared final construction plans (site development plans, construction plans/plat) for any phase of the proposed development, the Developer, his successors or assignee shall submit such plans to the Florida Department of Environmental Regulation, South Florida Water Management District, and the Conservancy Inc. in accordance with the provisions of the "Stipulation Cor Dismissal and Settlement Agreement" dated July 20, 1982. 10"7.2%gi va. 011•BTyw rrm»mi•aoo•r•»» s -a 5.11 SUNSETTING The Commercial Earth Mining and TTRV uses are to be independently subject to the time limits set forth in Section 2.7.3.4 of the Collier County Land Development Code, so that each use shall require compliance with said provision of the Land Development Code. Should either primary use fail to meet the criteria set forth for project commencement in eamest, then the entire PUD shall be subject to review under Section 2.7.3.4. • W IOAM -2%SS Ver: 011 -BTr m ^ WA.0 lw H0237401.000•t -7377 5 -5 awl two ro --- � rrlre�r c,�tl'rrcr.-ct �• •— uoa\o�rm,w.e+ � .....� _-•_ f / -�J ♦ rm } } ylly } 1 i \r r1— iflY +�•rlsrr+ � •w�rwVrNf / 0 So e c —�S .f ✓.Y LAID USE SAWAW o«uos►tswt v.. rfCFEAT*t,LAL YE"CL.E SrtES TMv) 3019 s Ac. ��s 349 1 Ac 11J0 rtll ttco/o LAKE .•r..t,. ,~ „� -,v„� uca«. o -o_ ucnex c -c- f AT1CWCP83 SPACEIVVf ft9 ill i Ac . �. , -,,,,t GTPRES! PFESSi1'E 4l t Ac ..- HTSIUL FaOM- OF-WAY u 7 Ac Vr r iP OR)1 uc^O 1 • rh< w L "c sccl w s -e- oAD (CKAJnJTY EAR Al t Ac _ 1013 t Ac nr TOTAL SITE . --•-.- fOTAL LOTS 400 !XK= ocllsrrY 3.9 LOTS / ACRE .- ;v(t•�J.l V ;-.(t .<ik r.N.ctrNl v--q ..I .NlRS t1.ICK 40' wrtANK A/. ([[IIPt ( -C_ • f«�• I t /r .cam — • Ir.r r- .. .Sr � •.K •N _ . M - t- 'N:. 11..I< r•JMAWI.y I�.wyYrer.;F.� tU I�U�� 4•i \•>"1 ... u/6.l w0 ..o- +v nw >l �Fc —.I YMD SI.Np.ROS �. I 1 L_ �J r� Ie tz- •.,cxs QM�r� Cry`• • fr... Cn� J i o g ou =1 ° 6 Z,�Ii z = Q LL N.. r � � • 1 M 7 1 f- ----------- -- r.a '.- - •` -- --'- -- ---- - 7 - -- are. ____ .�- -- 1 1 CV MM !Om H n.F wi i•�rwi ...se.t M410D r VRf NQ +�•rlsrr+ � •w�rwVrNf / 0 So e c —�S .f ✓.Y LAID USE SAWAW o«uos►tswt v.. rfCFEAT*t,LAL YE"CL.E SrtES TMv) 3019 s Ac. ��s 349 1 Ac 11J0 rtll ttco/o LAKE .•r..t,. ,~ „� -,v„� uca«. o -o_ ucnex c -c- f AT1CWCP83 SPACEIVVf ft9 ill i Ac . �. , -,,,,t GTPRES! PFESSi1'E 4l t Ac ..- HTSIUL FaOM- OF-WAY u 7 Ac Vr r iP OR)1 uc^O 1 • rh< w L "c sccl w s -e- oAD (CKAJnJTY EAR Al t Ac _ 1013 t Ac nr TOTAL SITE . --•-.- fOTAL LOTS 400 !XK= ocllsrrY 3.9 LOTS / ACRE .- ;v(t•�J.l V ;-.(t .<ik r.N.ctrNl v--q ..I .NlRS t1.ICK 40' wrtANK A/. ([[IIPt ( -C_ • f«�• I t /r .cam — • Ir.r r- .. .Sr � •.K •N _ . M - t- 'N:. 11..I< r•JMAWI.y I�.wyYrer.;F.� tU I�U�� 4•i \•>"1 ... u/6.l w0 ..o- +v nw >l �Fc —.I YMD SI.Np.ROS �. I 1 L_ �J r� Ie tz- •.,cxs QM�r� Cry`• • fr... Cn� J i o g ou =1 ° 6 Z,�Ii z = Q LL N.. r m -97,w 7 ............ 4-V w.— t 7c, l4f;* VII SON. hIjkEA• DARIOlf S r(EK. INC- EXHIE31T C P-C, -.11 gel j OCIAIL ;11*.."-,,!.-.., X4 Ir- . ... . ..... . ..... .. . 11wi1N1 It Y• i1 IIK SOVIOG 1100* Of I " 1 4 Ita Of I '4 a fit LTIkC (ASI Or S.ik• 11% 11♦v IM is. 5S•S. 0.26.c 11 141 AM S :7— T "It• sit INIt rill utwls-s VII SON. hIjkEA• DARIOlf S r(EK. INC- EXHIE31T C P-C, -.11 0 AW *SHERIFF SUBSTATION p • ' 1 2 4 FIRE DEPARTMENT scale: in miles 8 SCHOOLS I. LELY ELEMENTARY SCHOOL 2. EAST NAPLES MIDDLE SCHOOL 3. LELY HIGH SCHOOL 7 1 ��y tW � ?• f l •�•+r. cnoss- SECTION _ lANaa CA1t q[11Y A SWILA 0 11 CALL I/$'- 1•41 �.Y� Y 4• :T' C'�. e�� ' ;'�j ".:!1 "t:l�• �� 1 �N,_� IV 'v'�.' ,fie -°^" ^ • •• •...... ..... N... ...r. ..M .-• ... • ..N.w. .� ..•.. r ' L E V A T I O N ••I . - --- - -� &KOSCAI[ *(Am i out "a SCAT[ Uf•- 1••a' . «uw.• -. -•a.I .... •N .N• a nl...n .......... ••nu. 1..... .. ua.. 6.ww. ....... « 1 ....�.. MrwVO .• fa\aM [.•r..lK LAN VIEW ;wraAUrf uwu a awf[� ac.0 u!•- ,'•r ON �IILI.Eli ualiT�a :: —1 \t; I•t.dT.:.'t G ••1Y W ,Y 0 0 J W F Jl / 5 Uj ; co `! Q m �Xa OW> 0= Ilvil� =: `a ►c- ! i .J to • 1.. M .N..1 w4 1. Mn....tr., I. rW ✓ .. M••..- .r.l....•. `�^at• YIw•wl V.ra •.••.• .. ...a, • -.L .. 1�. M .a..•K �.I...h wr. r. ww l..�.� MV•.- ..-.lY Yaw.. ON �IILI.Eli ualiT�a :: —1 \t; I•t.dT.:.'t G ••1Y W ,Y 0 0 J W F Jl / 5 Uj ; co `! Q m �Xa OW> 0= Ilvil� =: `a ►c- ! i .J to 0 PELICAN LAKE - PETITION NUMBER: PL20130000476- REVISED 11/19/13 3850 SF LOT- SMALLEST LOT Attachment C 1 20'�