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CCPC Agenda 01/16/2014 R COLLIER COUNTY PLANNING COMMISSION MEETING AGENDA JANUARY 16, 2014 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, JANUARY 16, 2014, 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— December 19,2013 6. BCC REPORT-RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. PL20120002382/CPSS-2013-1: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida specifically amending the Future Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan to establish the Bayshore/Thomasson Drive Subdistrict to allow up to a maximum of 108 market rate, multi-family dwelling units through the use of 79 dwelling units from the existing density pool provided for within the Bayshore/Gateway Triangle Redevelopment Overlay for property located at the northeast corner of Bayshore Drive and Thomasson Drive in Section 14, Township 50 South, Range 25 East, Collier County, Florida consisting of 9.92± acres; and furthermore recommending transmittal of the adopted amendment to the Florida Department of Economic Opportunity;providing for severability and providing for an effective date. [Companion to Petition PUDZA- PL20120002357] [Coordinator: Michele Mosca, Principal Planner] Page 1 of 3 B. PUDZA-PL20120002357: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2005-63, as amended, the Cirrus Pointe Residential Planned Unit Development (RPUD) which allows a maximum number of 108 residential dwelling units; by changing the name of the RPUD to Solstice RPUD; by revising the Master Plan; by deleting Exhibit B, the Water Management/Utility Plan; by deleting Exhibit C, the Location Map; by removing Statement of Compliance and Project Development Requirements; by adding a parking deviation; and by deleting and terminating the Affordable Housing Density Bonus Agreement. The subject property is located northeast of Bayshore Drive and Thomasson Drive in Section 14, Township 50 South, Range 25 East, Collier County, Florida consisting of 9.92+/- acres; and by providing an effective date. [Companion to Petition PL20120002357/CPSS-2013-1] [Coordinator: Kay Deselem, Principal Planner] C. PUDZ-PL20130001352: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Residential Multi-Family-12 District (RMF-12) within the Santa Barbara Commercial Overlay District to a Commercial Planned Unit Development(CPUD)zoning district within the Santa Barbara Commercial Overlay District to allow up to 10,000 square feet of commercial uses for a project to be known as 7-Foodmart CPUD on property located on the east side of Santa Barbara Boulevard, north of Golden Gate Parkway in Section 21, Township 49 South,Range 26 East, Collier County, Florida; and by providing an effective date. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] 9. ADVERTISED PUBLIC HEARINGS A. PUDZ-PL20130000827: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district to allow up to 75 residential dwelling units and a clubhouse for a project to be known as The Lord's Way 30 Acre RPUD. The subject property is located on The Lord's Way on the east side of Collier Boulevard (CR 951) in Section 14, Township 50 South, Range 26 East, Collier County, Florida consisting of 30± acres; and by providing an effective date. [Coordinator: Nancy Gundlach, AICP,RLA, Principal Planner] B. PUDA-PL20120002855: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 02-35, as amended, the Winding Cypress Planned Unit Development (PUD), by increasing the number of residential dwelling units from 2,300 to 2,854; by increasing the residential development area by 44 acres to 492 acres; by increasing the Village Center acreage by 2 acres for a total of 17 acres; by increasing the gross floor area of the Village Center District by 20,000 square feet for a total of 50,000 square feet; by increasing the acreage of lakes from 235 acres to 272 acres; by removing the 164 acres of golf area and eliminating the 18-hole golf course; by increasing the preserve area by 44 acres to 840 acres; by increasing buffers, waterways, canal and FP&L easements from 180 acres to 219 acres; providing for addition of Winding Cypress Master Plan, Tract B to Exhibit A; providing for addition of Exhibit C, Bicycle and Pedestrian Master Plan; providing for List of Deviations; and providing an Effective Date. The subject property is located at the northeast quadrant of the intersection of Tamiami Trail East(US 41) and Collier Boulevard (CR-951) in Sections 26, 34 and 35, Township 50 South, Range 26 East, and Sections 2 and 3, Township 51 South, Range 26 East, Collier County, Florida consisting of 1,928 acres. [Coordinator: Kay Deselem, Principal Planner] Page 2 of 3 C. DOA-PL20120002856: A Resolution amending Resolution No. 99-467, as amended, (Development Order 99-4) for the Winding Cypress Development of Regional Impact by providing for Section One, Amendments to Development Order by increasing the number of residential dwelling units from 2,300 to 2,854; by increasing the residential development area by 44 acres to 492 acres; by increasing the village center acreage by 2 acres for a total of 17 acres; by increasing the gross floor area of the Village Center District by 20,000 square feet for a total of 50,000 square feet; by increasing the acreage of lakes from 235 acres to 272 acres; by removing the 164 acres of golf area and eliminating the 18-hole golf course; by increasing the preserve area by 44 acres to 840 acres; by increasing buffers, waterways, canal and FP&L easements from 180 acres to 219 acres; by extending the build- out date to December 31, 2020 and expiration date to December 31, 2025; and by amending the Master Plan; by providing for Section Two, Findings of Fact; Section Three, Conclusions of Law; and Section Four, Effect of Previously Issued Development Orders, Transmittal to Department of Economic Opportunity and Effective Date. The subject property is located at the northeast quadrant of the intersection of Tamiami Trail East (US-41) and Collier Boulevard (CR 951) in Sections 26, 34 and 35, Township 50 South, Range 26 East, and Sections 2 and 3, Township 51 South, Range 26 East, Collier County, Florida consisting of 1,928± acres. [Coordinator: Kay Deselem, Principal Planner] 10. OLD BUSINESS 11. NEW BUSINESS 12. ADJOURN CCPC Agenda/Ray Bellows/jmp Page 3 of 3 AGENDA ITEM 9-A cot Co lifer County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING & ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: JANUARY 16, 2014 SUBJECT: PETITION PUDZ-PL20130000827, THE LORD'S WAY 30 ACRE RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT) APPLICANT: AGENT: Lord's Way 30, LLC Mr. Robert J. Mulhere, FAICP Mr. David Torres, Manager Hole Montes, Inc. 3921 Prospect Avenue 950 Encore Way Naples, Florida 34104 Naples, Florida 34110 OWNER: Marco Island Group LLC 206 Dudley Road Wilton, CT 06897 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission(CCPC) consider amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district to allow up to 75 residential dwelling units and a clubhouse for a project to be known as The Lord's Way 30 Acre RPUD, GEOGRAPHIC LOCATION: The 30+ acre subject property is located on the east side of Collier Boulevard (CR 951) and on the south side of The Lord's Way in Section 14, Township 50 South, Range 26 East, Collier County, Florida. (See Location Map on following page.) PUDZ-PL20130000827,THE LORD'S WAY 30 ACRE RPUD December 31,2013 Page 1 of 17 I 4 z N 0 _ 0 m o > :: 0 N x 0 ti!!!1!:1 !.:iiiIi1:1:1!!!!!ll'ijliqii!ii:!N'iiii;,;.!;.!!!' d 4 g I O W NU Z■ ;< Z g E N c X 4 G) Gf L) i Gl I tit x a 1 8 N CO yy L lYNYO O.... - N TNYJ +(we'WO OW a3rrloo " J E a 0 O. ' , z a O o F i, . i r S s r_l ,, a 9 Iw° 1..__ $v i Q a s , 1&, r„ Z g l O J E.gg wnba > 1 r _141 S 1 - 13x1_ nwnanoe aamm 5 we ro a — _ , _ avnrnoe a3n'ao I 1 pr 4...m R._, 1 11 ! P lg 11 11 illg, , 1- 0 p F , r_ J 19 , gIli 0 :° ;r'b gg ; P ' i a' Ir _• nn wws ( ! r R 1 wuvi.„ I ii Ri b ii 'Iry 1 _ vaaa-ave__vws■ __ �,,�—� l g 1 ^' iii Ai n o-P•7 1 'i g _1 it « l•M ZONED: MPUD 30' R.O.W. RESERVATION BY ADJACENT PROPERTY — EXISI1NG OWNER FOR FUTURE ROADWAY EXPANSION G b. RAVEL ROAD THE _ — — COUNTY I UTILITY �, I -20' TYPE 'D' cx -- EASEMENT 1- 10' TYPE 'A' PERIMETER : I I I ° I PERIMETER BUFFER I II Z o BUFFER � ,\` I o� I �\ _ �' I( 1 I 20' TYPE 'C'1 IZ > I — '`� �j PERIMETER cn Iw w \ I BUFFER Q I TRACT. 'R' I' Residential Z°Q 1 I EXISTING GRAVEL mu I' 1 ROAD Lu w� I I A oD to to b._ I ,` II cml I Il a I Q I ca w I � +� CC v I I c TRACT 1 ( ' N g. N I Q .L' I i esi A I v Lake I r, J w I- I 1 �� .1 i .ow J �� i 0 �� 200 �cn W �w� I I I — —�.. zo< TRACT 'R' I f ' I :SCALE IN FEET Z° g x e Residential A 11 IA 4, I 1 09/25/2013 ▪ z z OC) I . W 12/13/2013 �o o y y I 12/17/2013 a o0w isa v w y T(�A�� J'f' v y y v I �I w d �t:` v r W v 9/ .v 9, W I I N a w F- .v 4' W sfr 4. Preserve ,v 4 , .,, , I i m o rw 4. y 4, w 4, 1 II I. O¢� zg`" ZONED: A I II 3 • MAXIMUM PERMITTED DENSITY= DENOTES LOCATIONS OF PUD u-i 9 75 UNITS DEVIATIONS 1, 3 AND 5. NATIVE VEGETATION & OPEN SPACE DEVIATION 2 WILL OCCUR i LAND USE SUMMARY Existing Native Vegetation = 10.93=- Ac. THROUGHOUT PUD AND Required Native Preservation = DEVIATION 4 MAY OCCUR IN o DESCRIPTION Ac.± Pct. 25% of Existing Native Vegetation A TO BE DETERMINED ro RESIDENTIAL (TRACT 'R') 18.54 61.5% 10.93 x 0.25 = 2.737 Acres Required Native 5 ROADWAY (TRACT 'ROW') 3.73 12.4% Vegetation Provided = 3.51± Ac. * AMMENITIES SITE LOCATION. n PRESERVE (TRACT 'P') 3.51 11 6% Open Space Required = 60% of Gross Area _ LAKE(TRACT 'L') 4.31 14.4% 30.13 x 0.6 = 18.087 Acres Required ° EASEMENT (C.0 E.) 0.04 0.1% Open Space Provided = 18.08± Acres * N / TOTAL 30.13 100 0% * At a Minimum 950 Encore Way LORD'S WAY 30 Ac RPtD CHECKED H H: PROJECT ND o. Naples, FL. 34110 O DRAWN BY: CAD FILE NAME HOLE MONTE Phone: (239) 254-2000 RPUD MASTER PLAN BY ,�, �„: Florida Certificate of �,�ry p� EI S $9 El915 Authorization No.1772 EXHIBI 1 C DATE: EXHIBIT- ITEM 09/2013 Ci PURPOSE/DESCRIPTION OF PROJECT: This petition seeks to rezone 30± acres of vacant, undeveloped land zoned Rural Agricultural (A) to Residential Planned Unit Development (RPUD)to allow a maximum of 75 residential dwelling units along with associated recreation and open space uses. The PUD proposes the development of no more than 75 single-family and multi-family residential units with a density of 2.5 dwelling units per acre. All of the buildings except for the townhome or multi-family buildings are a maximum of two stories and will have a zoned height of 35 feet and an actual height of 42 feet. The townhome or multi-family buildings are a maximum of four stories and will have a zoned height of 50 feet and an actual height of 57 feet. Ingress/egress will be from The Lord's Way which leads to Collier Boulevard (CR 951). The Master Plan provided on the previous pages of this Staff Report depicts the areas of residential development, a lake, and traffic/pedestrian circulation. The Master Plan also shows that 18.54 acres will be residential area, 4.31 acres will be a lake, and 3.51 acres will be preserve area. In addition, the open space requirement of 60 percent will be provided. Landscape buffering requirements are met by a 20-foot wide Type D right-of-way Landscape Buffer (trees 30 feet on center) adjacent to The Lord's Way. A 20-foot wide Type C Landscape Buffer (a double row of trees at 25 feet on center with a 6-foot high hedge or wall) will be provided along the east property line. A 10-foot wide Type A Landscape Buffer will be provided along the west property line adjacent to vacant undeveloped Rural Agriculture (A) zoned land. No landscape buffer is required adjacent to the preserve area along the south property line. A deviation is being sought for a Type B Landscape Buffer that is required along the lake between recreational area and residential area. (For more information,please refer to the Deviations section of this Staff Report.) SURROUNDING LAND USE AND ZONING: North: The Lord's Way (a roadway), then a partially developed residential rehabilitation area with a zoning designation of First Assembly Ministries Education and Rehabilitation Campus MPUD (Mixed-use Planned Development) East: Swamp Buggy Grounds with a zoning designation of Hacienda Lakes MPUD South: Undeveloped land and an FPL substation with a zoning designation of Rural Agriculture (A) West: Undeveloped land with a zoning designation of Rural Agriculture(A) PUDZ-PL20130000827,THE LORD'S WAY 30 ACRE RPUD December 31,2013 Page 4 of 17 1, , #,t ,,,,,,,, 1 i.: A . i, ,- fe% � ,- } rya.i ,,,'f gay ate°' ,`+ ‘, # 1 1 i d're d fl tV F1N'- ' iii,.• A • Subject Site f 4 ,yo , , .,'Ir , v� . € '. '-lo 1 _Iv ., . 4 118ET1 `I�..., , ‘''''f4P -... ,, „, i 41 1 '" + fi b' t• +- � ',',..'10-- ',„,;:„.m.....m z ,.C.at}AMtA'1/Y.W:1ft V'.➢mmES+Fa.'dac W45i ( ;P. �` �° 1—..'1-. AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban, Urban — Mixed Use District, Urban Residential Fringe Subdistrict, as depicted on the Future Land Use Map(FLUM) and in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP). Relative to this petition, the Urban Residential Fringe Subdistrict allows a residential density of 1.5 dwelling units per acre (DU/A) and of 2.5 DU/A via use of Transfer of Development Rights (TDR) credits — as well as associated recreational uses and essential services. TDR credits must be obtained from Rural Fringe Mixed Use District Sending Lands located within one mile of the Urban Residential Fringe Subdistrict. This PUD proposes the maximum eligible density of 75 dwelling units (30 acres X 2.5 DU/A= 75 DUs). The Urban Residential Fringe Subdistrict also requires that development be fully responsible for all necessary water management improvements, including the routing of all on-site and appropriate off- PUDZ-PL20130000827,THE LORD'S WAY 30 ACRE RPUD December 31,2013 Page 5 of 17 site water through the project's water management system, and a fair share cost of necessary improvements to the CR 951 canal/out-fall system made necessary by new development. Future Land Use Element (FLUE) Policy 5.4 requires new developments to be compatible with the surrounding land area. Please refer to the Zoning and Land Development Review section of this Staff Report for further information. In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following FLUE policies shall be implemented for new development and redevelopment projects, where applicable. Each policy is followed by staff analysis in [bold text]. Objective 7: In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [Exhibit C, RPUD Master Plan, depicts a single, direct access to The Lord's Way, leading to Collier Boulevard, classified as arterial road in the Transportation Element.] Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [Exhibit C, RPUD Master Plan, depicts a private roadway loop that runs around the project.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. [Exhibit C, RPUD Master Plan, does not depict interconnections with any abutting properties. To the north is The Lord's Way. Staff recognizes how the Florida Sports Park to the east makes vehicular connection infeasible. A wetland preserve is along the southern boundary - required by the South Florida Water Management District — precluding an interconnection there. The abutting 10-acre A-zoned property to the west does offer an opportunity where an interconnection appears possible. However, the feasibility of a vehicular interconnection is questionable: that 10-acre site is limited to a maximum of 25 DUs (2.5 DU/A, same as the subject site); the relatively small size of, and low density allowed on, the subject site and that adjacent site limits the functional benefit of an interconnection and limits design flexibility for either project without potential loss of one or more single family dwelling unit sites (should the projects develop as single family).] PUDZ-PL20130000827,THE LORD'S WAY 30 ACRE RPUD December 31,2013 Page 6 of 17 Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [The PUD allows for a variety of dwelling unit types and indicates the required 60% open space will be provided. As to "walkable communities," the applicant proposes a walkable design. Sidewalks (5 feet wide) will be provided on both sides of the street except where abutting the preserve, in which case a sidewalk (8 feet wide) will be provided on one side only. Exhibit C, RPUD Master Plan, does not depict non-vehicular interconnections with any abutting properties — even though the opportunities to do so are there—to the east and west. The lack of pedestrian and bicycle interconnection with abutting properties introduces and fosters a development style not encouraged by the County, and establishes closed boundaries where future development will be unable to interconnect.] REVIEW OF PUD DOCUMENT: • Exhibit F, List of Developer Commitments: Add a commitment to provide non-vehicular interconnection to the property to the east and the property to the west. Based upon the above analysis, the proposed PUD may be deemed consistent with the Future Land Use Element—subject to the above additions to the PUD Exhibit F. 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. Staff recommends that the subject application be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan(GMP). Collier Boulevard(CR 951) Impacts: Link 34.0, Collier Boulevard between Davis Boulevard and Rattlesnake Hammock, is the first concurrency link impacted by this rezoning. The project generates a total of 81 p.m. peak hour, two- way trips. Of those trips, 24 result in a peak direction, peak hour directional impact which results in a 0.9 percent impact. Conservation and Coastal Management Element (CCME): Environmental review staff found this project to be consistent with the Conservation and Coastal Management Element (CCME). The project site consists of 10.93 acres of native vegetation; a minimum of 2.73 (25%) acres of the existing native vegetation shall be placed under preservation and dedicated to Collier County. Based on the above analysis and the Staff Recommendation at the end of this Staff Report, Comprehensive Planning staff can find the proposed rezone consistent with the Future Land Use Element(FLUE)of the Growth Management Plan(GMP). ANALYSIS: Staff 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., PUDZ-PL20130000827,THE LORD'S WAY 30 ACRE RPUD December 31,2013 Page 7 of 17 Planning Commission 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 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. The PUD Master Plan provides a 3.51 acre Preserve, which exceeds the minimum requirement of 2.73 acres. The application information indicated that the location of the preserve area along the south project boundary was based on the recommendation of the U.S. Army Corps of Engineers (COE) and Environmental Protection Agency (EPA). During the federal review process, the EPA recommended a reduction of wetland impacts by expansion of the onsite preserve along the southern boundary to provide for further connection to adjacent undeveloped forested wetlands to the south. This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Transportation Review: Transportation Staff has reviewed this petition and recommends approval subject to the Development Commitment in Exhibit F that the cost of signalization of Collier Boulevard at The Lord's Way is shared with other developments located in the area. Utility Review: The Utilities Department Staff has reviewed this petition and recommends approval subject to the Development Commitment contained in Exhibit"F"of the proposed RPUD document. Emergency Management Review: The Emergency Management staff has reviewed the petition and has no concerns. Zoning and Land Development Review: The subject site is surrounded developed, undeveloped and partially developed land. As previously stated, to the east is a parking area and race track that are part of the Swamp Buggy Grounds. To the southwest is an FPL substation and undeveloped land. To the west is undeveloped land. To the north is partially developed lands consisting of a lake and roadways. The most significant impact to this proposed residential development is the Swamp Buggy Grounds. To address the Swamp Buggy event noise,the petitioner has committed to: A. Provide a noise disclosure to any potential resident. B. Record a notice of proximity to the Florida Sports Park and Swamp Buggy Grounds in the Public Records of Collier County. C. Construct residential buildings to an ambient sound level reduction of SLR 35 decibels. For further information regarding the Developer Commitments, see Exhibit F, List of Develper Commitments in the PUD document. PUDZ-PL20130000827,THE LORD'S WAY 30 ACRE RPUD December 31,2013 Page 8 of 17 In addition, the petitioner is seeking a Deviation to provide additional buffering. Deviation number 3 seeks to permit a wall greater than the allowed 6-foot height to permit a taller wall at 8-foot height. For further discussion of the Deviation, see the Deviation section of this Staff Report. REZONE FINDINGS: LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and recommendations to 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." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below: Rezone findings are designated as RZ and PUD findings are designated as PUD. (Staff's responses to these criteria are provided in non-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. Subject to the Staff Recommendation, the Comprehensive Planning Section has indicated that the proposed PUD rezone is consistent with all applicable provisions of the Future Land Use Element (FLUE)of the Growth Management Plan(GMP). 2. The existing land use pattern. As described in the "Surrounding Land Use and Zoning" portion of this report and discussed in the zoning review analysis, the neighborhood's existing land use pattern can be characterized as undeveloped agricultural lands, sports park lands, and residential rehabilitation lands. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also comparable with expected land uses by virtue of its consistency with the FLUE of the GMP. As described in the Staff Report, the subject site is surrounded by the Swamp Buggy to the east; undeveloped land and an FPL substation with an Agricultural zoning designation to the south. To the west of the subject site is undeveloped land with an Agricultural zoning designation;to the north is a partially developed residential rehabilitation area with a zoning designation of First Assembly Ministries Education and Rehabilitation Campus MPUD (Mixed-use Planned Development). 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn as discussed in Items 2 and 3 above. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. PUDZ-PL20130000827,THE LORD'S WAY 30 ACRE RPUD December 31,2013 Page 9 of 17 The growth and development trends, changing market conditions, specifically the development of the site with residences, and the development of the surrounding area, support the proposed PUD. This site is located within an area of development with a mixture of uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change should not adversely influence living conditions in the existing neighborhood. However, the adjacent Swamp Buggy Grounds will have an impact on the proposed residential development. As previously noted in the Staff Report, the petitioner has made Developer Commitments and requested Deviations that will mitigate for the noise emanating from the Swamp Buggy Grounds. 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. Evaluation of this project took into account the requirement for consistency with the applicable policies of the Traffic Element of the GMP. The proposed development was found consistent with those policies. Additional transportation commitments are contained in Exhibit "F" of the PUD document. 8. Whether the proposed change will create a drainage problem. The proposed development will not create a drainage problem. Furthermore,the project 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 change will not seriously reduce light and air to adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this PUD rezone will not adversely impact property values. However, zoning by itself may or may not affect values, since value determination by law is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Property to the north is partially developed and property to the east of the subject site is already developed. The basic premise underlying all of the development standards in 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. PUDZ-PL20130000827,THE LORD'S WAY 30 ACRE RPUD December 31,2013 Page 10 of 17 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be developed within existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The change suggested is not out of scale with the needs of the neighborhood or 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. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. 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. 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 and these residential sites 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 the LDC regarding Adequate Public Facilities. The project must also 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. PUDZ-PL20130000827,THE LORD'S WAY 30 ACRE RPUD December 31,2013 Page 11 of 17 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:" 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. The petitioner will be required to comply with all county regulations regarding drainage, sewer, water and other utilities. In addition, the commitments included in the PUD exhibit adequately address the impacts from 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 platting and/or site development plan approval. Both processes will ensure that appropriate stipulations for the provision of, continuing operation of, 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 and the Staff Recommendation, 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. As previously stated in this Staff Report, the biggest impact on compatibility with the proposed development is the Swamp Buggy Grounds. The petitioner has adequately address the compatibility issues through Developer Commitments and requested Deviations that will mitigate for the noise emanating from the Swamp Buggy Grounds. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. PUDZ-PL20130000827,THE LORD'S WAY 30 ACRE RPUD December 31,2013 Page 12 of 17 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Currently, the roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. 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 petitioner is seeking 5 deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06 A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff believes that the 8 deviations proposed can be supported, finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the elements may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that the deviations are "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Please refer to the Deviation Discussion below for a more extensive examination of the deviations. Deviation Discussion: The petitioner is seeking 5 deviations from general LDC requirements and has provided justification in support of the deviations. Staff has analyzed the deviation requests and provides the analysis and recommendations below: Deviation # 1 seeks relief from LDC Section 6.06.01. N. "Street System Requirements," which requires a minimum 60-foot right-of-way width for a local street to allow a minimum 42 foot right- of-way width. Petitioner's Rationale: The applicant states that the justification for this deviation is that this right- of-way width can be found sufficient to accommodate travel lanes, drainage facilities, and utilities. This deviation is routinely granted, particularly for small scale residential projects such as this, where traffic volumes are low and internal traffic is limited to that directly related to the project. PUDZ-PL20130000827,THE LORD'S WAY 30 ACRE RPUD December 31,2013 Page 13 of 17 Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation#2 Deviation 2 seeks relief from LDC Section 6.01.02.B.2, "Drainage Easements,"which requires that an easement shall be no less than 15 feet in width to allow for an easement that is no less than 10 feet in width for storm drainage pipes less than 24" in diameter and with an invert no more than 6 feet from finished grade. All installations will follow OSHA and ACPA Standards. Petitioner's Rationale: The applicant states that the justification for this deviation is that piping of smaller diameter and shallow burial depth can be adequately maintained within a 10-foot wide easement provided all installations follow OSHA and ACPA Standards. There is no objection from County Engineering, and this deviation has been previously granted. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that"the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation#3 seeks relief from LDC Section 5.03.02.C, Fences and Walls, which limits the fence or wall height to 6 feet, to allow a perimeter wall or fence and berm in combination up to 13 feet in height, (including an 8-foot fence or wall installed on the perimeter berm, which will be between 2 and 5 feet in height). Petitioner's Rationale: The justification for this deviation is that the berm is necessary to meet SWFWMD permitting requirements and the wall will provide an appropriate perimeter buffer from adjacent nonresidential land uses, including roadways, Swamp Buggy/Sports Park use, and agricultural uses. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that"the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation # 4 seeks relief from LDC Section 6.06.02A.1., "Sidewalks, Bike Lane and Pathway Requirements," which requires sidewalks on both sides of the street, to allow a single 8 foot-wide sidewalk on only one side of a street where the street is adjacent to the preserve. Petitioner's Rationale: The justification for this deviation is that where the internal loop road is adjacent to preserve, dwelling units are located on only one side of the road. This Deviation has been PUDZ-PL20130000827,THE LORD'S WAY 30 ACRE RPUD December 31,2013 Page 14 of 17 granted in several other PUDs where this condition occurs Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation#5 seeks relief from LDC Section 4.06.02.C.2, "Buffer Requirements,"which requires a typical Type "B" buffer width of 15 feet, to allow such buffers on the Amenity Center/Clubhouse tract, if constructed,to be a minimum of 10 feet in width with Type`B"buffer vegetation installed. Petitioner's Rationale: The justification for this deviation is that the deviation will allow for parking in supported of the clubhouse facility, should one be constructed. Since the same Type "B" Buffer vegetation can easily be provide for in the 10 foot width. Moreover, this will be a relatively small clubhouse/amenity center site, in keeping with the relatively low density (75 dwelling units) in the PUD. Finally, the clubhouse site, if provided, will be identified on the subdivision plat for the project, and potential purchases of lots adjacent (2) will be aware of the clubhouse and amenity center use. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that"the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." NEIGHBORHOOD INFORMATION MEETING (NIM): The agent/applicant duly noticed and held the required NIM on November 18, 2013. For further information, please see Attachment B: "Neighborhood Information Meeting Notes." COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for Petition PUDZ-PL20130000827, revised on December 23, 2013. RECOMMENDATION: Planning and Zoning Review staff recommends that the Collier County Planning Commission forward Petition PUDZ-PL20130000827 to the Board of County Commissioners with a recom- mendation of approval subject to the following stipulation: 1. Add a commitment to Exhibit F List of Developer Commitments to provide non-vehicular interconnection to the property to the east and to the property to the west. PUDZ-PL20130000827,THE LORD'S WAY 30 ACRE RPUD December 31,2013 Page 15 of 17 Attachments: Attachment A: Proposed PUD Ordinance Attachment B: Neighborhood Information Notes PUDZ-PL20130000827,THE LORD'S WAY 30 ACRE RPUD December 31,2013 Page 16 of 17 PREPARED BY: 1 A .LAA ) W, A LA . ) 2,01 NANCY GI D A CH,AICP, PRINCIPAL PLANNER DATE GROWTH\ ANAGEMENT DIVISION REVIEWED BY: _._ /z . /6 '. /3 RAYMO V. BELLOWS, ZONING MANAGER DATE GROWT MANAGEMENT DIVISION MICHAEL BOSI, AICP, DIRECTOR DATE GROWTH MANAGEMENT DIVISION APPROVED BY: Al -ow, i -1 - I LI N '+'-CASALANGUIDA, ADMINIST' A TOR DATE GROWTH MANAGEMENT DIVISION PUDZ-PL20130000827,THE LORD'S WAY 30 ACRE RPUD December 17,2013 Page 17 of 17 a ORDINANCE NO. 14- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO ALLOW UP TO 75 RESIDENTIAL DWELLING UNITS AND A CLUBHOUSE FOR A PROJECT TO BE KNOWN AS THE LORD'S WAY 30 ACRE RPUD. THE SUBJECT PROPERTY IS LOCATED ON THE LORD'S WAY ON THE EAST SIDE OF COLLIER BOULEVARD (CR 951) IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, 1 FLORIDA CONSISTING OF 30± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PUDZ-PL20130000827) WHEREAS, Robert J. Mulhere of Hole Montes, Inc. representing Lord's Way 30, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY TIIE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Zoning Classification. The zoning classification of the herein described real property located in Section 14, Township 50 South,Range 26 East, Collier County, Florida is changed from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development(RPUD) for a 30.0±acre parcel to be known as the Lord's Way 30 Acre Planned Unit Development in accordance with Exhibits A through F, attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. Lord's Way 30 Acre RPUD PUDZ-PL20130000827—Rev. 1/03/14 Page 1 of 2 Attachment A PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this day of ,2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,CLERK COLLIER COUNTY, FLORIDA By: _ By: Deputy Clerk TOM HENNING, Chairman Approved as to form and legality: \de` . .& Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A—List of Permitted Uses Exhibit B—Development Standards Exhibit C—Master Plan Exhibit C-I — ROW Section Exhibit C-2—Typical Lot.Layout Exhibit D- Legal Description Exhibit E— List of Deviations Exhibit F— List of Developer Commitments 13-CPS-01243\29 Lord's Way 30 Acre RPUD P l?DZ-PL20]30000827—Rev. 1/03/14 Page 2 of 2 EXHIBIT A LORD'S WAY 30 ACRE RPUD PERMITTED USES I. RESIDENTIAL/TRACT R No building or structure, or part thereof, shall be erected, altered or used, in whole or in part, for other than the following: A. Principal Uses: I. Single-family detached dwellings. 2. Single-family attached dwellings. 3. Two-family and single-family zero lot line. 4. Townhouse and multi-family. 5. A recreational building or clubhouse, with typical accessory recreational facilities shall be permitted which serves the residents and their guests. The location of such recreational building and facilities shall be denoted on the first subdivision plat or Site Development Plan for the project, as the case may be,prior to sale of any platted lots or condominium units. 6. Any other principal use, which is comparable in nature with the foregoing listed of permitted principal uses, determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner ("HEX") by the process outlined in the Land Development Code("LDC"). B. Accessory Uses: 1. Accessory uses and structures customarily associated with principal residential uses permitted in this RPUD, including recreational facilities, such as swimming pools and screen enclosures. 2. Essential services as set forth under Land Development Code, Section 2.01.03. 3. Water management facilities and related structures. 4. Lakes including lakes with bulkheads or other architectural structural treatments. 5. Guardhouses, gatehouses and access control structures. 6. Temporary construction, sales and administrative offices for the developer and developer's authorized contractors and consultants,including Page 1 of 11 H\2013\2013023\WP.KID Rezone\CCPCVLord's Way 30 Acre RPUD(PUDZ-PL20130000827)1-3-2014.docx necessary access ways, parking areas, and related uses, subject to the procedures for a temporary use permit provided in the Land Development Code. 7. Landscape features including, but not limited to, landscape buffers, berms, fences and walls. 2. PRESERVE/TRACT P The minimum required native vegetation preservation is 2.73 acres(25%of 10.93 acres of existing native vegetation). The "P" Preserve Tract provides for the preservation of 3.51 acres of native vegetation. This exceeds the minimum required amount of native vegetation preservation by 0.78 acres. A. Any uses permitted in preserve areas by LDC 3.05.07.E1.1.h in effect at the time of RPUD approval. B. Any other use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. 3. MAXIMUM DWELLING UNITS The maximum dwelling units shall be seventy-five (75) provided that 30 of the maximum 75 units are obtained through a transfer of development rights in accordance with the requirements set forth in the LDC and GMP(Growth Management Plan). Page 2 of 11 H:\2013`20130231WP\PUD Rezone■CCPCU.ord's Way 30 Acre RPUD(PUDZ-PL20130000827)1.3-2014.docx EXHIBIT B LORD'S WAY 30 ACRE RPUD Exhibit B Table I below sets forth the development standards for land uses within the RPUD Residential Subdistrict. Standards not specifically set forth herein shall he those specified in applicable sections of the Land Development Code in effect as of the date of approval of the Site Development Plan or Subdivision plat. RESIDENTIAL DEVELOPMENT STANDARDS TABLE 1 DEVELOPMENT SINGLE- SINGLE-FAMILY TWO-FAMILY S TOWNHOME or CLUBHOUSE/ STANDARDS FAMILY ATTACHED SINGLE-FAMILY MULTI- RECREATION ZERO LOT LINE FAMILY BUILDINGS PRINCIIPAL STRUCTURES MINIMUM LOT AREA 4.800 S.F.PER 1,800 4,000 10,000 NIA UNIT S.F.PER UNIT S.F.PER UNIT S.F.PER BLDG. MINIMUM LOT WIDTH 40 FEET 30 FEET 40 FEET N/A N/A ' i MINIMUM FLOOR AREA 1,200 S.F 1,200 S.F PER 1,200 S.F.PER 1,000 S.F.PER N/A UNIT UNIT UNIT MINIMUM FRONT YARD 23 FEET' 23 FEET' 23 FEET 23 FEET N/A MINIMUM SIDE YARD 6 FEET 0 OR 6 FEET 0 OR 6 FEET2 0 or 15 FEET 20 FEET3 MINIMUM REAR YARD 10 FEET 10 FEET 10 FEET 10 FEET 15 FEET3 MINI.MUM PRESERVE 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET SETBACK MINIMUM DISTANCE 12 FEET 20 FEET 12 FEET 20 FEET 12 FEET BETWEEN STRUCTURES MAIMUM BUILDING 35 FEET NTE 35 FEET N'TF.. 35 FEET NTE 50 FEET NTE 35 FEET NTE HEIGHT-ZONED 2 STORIES 2 STORIES 2 STORIES 4 STORIES 2 STORIES MAXIMUM BUILDING 42 FEET 42 FEET 42 FEET 57 FEET 42 FEET ITEIGHT-ACTUAL ACCFSS(?RY:STRUCf[1RES.. ,. FRONT SPS SPS SPS 23 FEET SPS SIDE SPS SPS SPS SPS SPS REAR 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET MAXIMUM HEIGHT S.P.S. S.P.S. S.P.S. S.P.S. S.P.S. ZONED&ACTUAL NTE=Not to Exceed S.P.S.=Same as Principal Structures;BI..DG.=Building;S.F.=Square Feet;N/A=Not Applicable General:Except as provided for herein,all criteria sct forth in Exhibit B below shall be understood to be in relation to individual parcel or lot boundary lines or between structures.Condominium and/or homeowners'association boundaries shall not be utilized for determining development standards. Footnotes: 'Lots fronting on two streets shall provide a front yard setback along the street on which the entrance is located,and a minimum 10'front yard setback along the other street frontage. Front entry garages shall be at least 23 feet from back of sidewalk.Where side entry garages are provided,the driveway shall be designed in such a manner so that a parked vehicle shall not conflict with the sidewalk,however,in no case shall the front setback be less than 10'. 2 6' minimum side setbacks for single-family attached,two-family and single-family zero lot line must be accompanied by another 6' minimum side setback on adjoining lot to achieve minimum 12'separation. Page 3 of 11 H:Q013\2013023\WP\KID Rezone\CCPC\Lord's Way 30 Acrc RPUD(PUDZ-PL20I30000827)I-3-2014.docx s Should an"Amenity Center/Clubhouse"be constructed.it may be partially constructed up to the lake edge and a deck area may extend into(over)the lake,all in accordance with the permit requirements or limitations of the South Florida Water Management District.Should the Amenity Center/Clubhouse be constructed up to the lake edge,or contain a deck area extending(over)the lake,the normally required buffer area and landscape plantings shall redistributed to the other buffers on the Amenity Center/Clubhouse site.Refer to Deviation No. 5. Page 4 of 11 l{12013\20130231WP\PUD Rezone\CCPCILord's Way 30 Acre RPUD(PUDZ-PL20130000827)1-3-2014.docx ZONED: MPUD 30' R.O.W. RESERVATION BY ADJACENT PROPERTY EXISTING OWNER FOR FUTURE ROADWAY EXPANSION GRAVEL ROAD THE LORD'S WAY --"" 1 COUNTY ! UTILITY — ,,I' pER M'EtER t ry` nI''�". � I I EASEMENT u. I PERtMEIi- BUFFER" I o L BUFFER �) \ — _ I I I 1 y,2 I '_-- _ _ .. — 111 I 20' TYPE 'C'lik,'�` —.1 PERIMETER te w 11 — ` I BUFFER 1< TRACT `R' 1i , t d Residential I 1? w" I II � 1 1 I EXISTING GRAVEL mo 1 I ROAD <� f , III, I :e 1 ! wn , . d ! A ) n°2 i` � `1t is '$y .. r *r r ,2 .1i J [] f g! rk f e zv:3 r s r 't� , s �!' ! � ' nl 11 Z Q ''' 4;' 4 S<u. k� r ..,,,-;,--7 rtr.st°yaS' i¢ I r°Eei ' a �J I I w '�i 41,6,047-R44,-, 1 i. .4 '' :.'"4,..„42'4 J W W II f";� ,. ,1*' TRACT x x #I :N : 1 Q If%o � ' i I ' �� II ��, x I N PJ " .,'y( muss . I ': a ` e a a 7"!s ,r rsY yk. 1 `;A'4 (/t'4.I 1:14:y �: '' h T Its'. .' If { /vim , d� v F- a + ? A. 1 } r 4� I - 11.11 :,7e: II skit 1 F :rt:. , �1' ez . I cO 200 W W d 1j a I4 ( _�_�am 60< i TRACT 'R" �; a ra !SCALE IN FEET � � I Residential A ! 1 12/13/2013 < I 12/17/2013 ix +.. w ,v v" W W W w w amF — JJJ* W w Preserve * .` • . , w' II ZONED: A I OF MAXIMUM PERMITTED DENSITY= J\reMOTES LOCATIONS PUD 75 UNITS DEVIATIONS 1. 3 AND 5. NATIVE VEGETATION & OPEN SPACE DEVIATION 2 1NLL OCCUR LAND USE SUMMARY Existing Native Vegetation_ 10.93a Ac. THROUGHOUT PUD AND Required Native Preservation• DEVIATION 4 MAY OCCUR IN DESCRIPTION Act Pct, 25%of Existing Native Vegetation RESIDENTIAL 1TRACT 'R'i 18.54 81.5% 10,83 X 0.21 -2.731 Acres Required Native A 048) ROADWAY (TRACT 'ROW') 3.73 13,d% Vegetation Provided 3.51s Ac.* AMMENITES SITE LOCATION. PRESERVE (TRACT 'P') 3.31 11.0% Open Space Required •80'r et Gross Area LAKE.ITRACT 'L') 4.31 144% 30.13 x 0.8 - 18.08,.Acres Required EASEMENT (C.U•E•) 0.04 0.1$ Open Space Provided =18,081 Acres * TOTAL 30.18 100.0% *At a Slalom 9� � WNi CHECKED BY: PROJECT No. jV LORD'S WAY 30 Ac aKit 20E3l ..�;�.. # Phonesflb�� 234-2000 6 MASTER PLAN " `1.1 1;41 Authorisation No.1772 E)0H 31T C DATE: _EXHIBIT-ITEM Gif�Dli _ C Page 5 of 11 H:1201312013023tWP\PUD Rezonc\CCPCILcrd's Way 30 Acre RPUD(PUDZ-PL20130000827)1-3-2014 clan( P.7 is LIJ in I N it In h 3 as It) /t Z 1 8 i \\ Q y } a/ `/ Q Oi O 0z ! N 0 a \ N } 8 <V � I z 3 N N SR m �co X ,. g 4 .. d %i U) _ � � /y, o W g /i�� b x O a z WNW 8 m O _t o"-5 1iS�i Z 3 k a N V le tU oU , , h, r,,,,,, , CNI 2 './ \ , -'--o a O g: Z in o on .,, N N N NSA A 112 N. o $j Page 6 of 11 H:\201312013023\WP\Pl1D Rezone 1CCPC\Lord's Way 30 Acre RPUD(PUDZ-PL20I30000827)I-3-2014.docx _L A K E-_��-:::_ .. <. ELEV.CONTROL EEV. f - - v W W W W W 20' LAKE -PROPERTY LINE -+ -,- M.E. ' 10' SETBACK ----,-- 5'MIN. -1 STRUCTURE TO r PRESERVE ... W 1 1 W' - v 1 . v y ,,, W f PROPERTY UNE I I SETBACK I I SETBACK 25' PRINCIPAL STRUCTURE RESIDENCE. 10 PRESERVE I I I p 6` MN. FOR SINGLE FAMILY DETACHED. 6' MIN. �6' MM. 0' OR 6' FOR SINGLE FAMILY ATTACHED, TOWNHOUSE, TWO-FAMILY AND SINGLE FAMILY ZERO LOT LINE. 6' MN. SIDE YARD SETBACK MUST BE 1 1 ACCOMPANIED BY ANOTHER 6' MN. SETBACK ON ADJOINING LOT TO ACHIEVE MINIMUM 12' SEPARATION I I I I PROPERTY LINE 1 I 1 I �` 23' MIN. FOR FRONT-ENTRY GARAGE MAY BE REDUCED FOR SIDE ENTRY GARAGE F DESIGNED SO THAT A I PARKED VEHd.E LL NOT I I ENCROACH UPON THE SIDEWALK. I IN NO CASE SHALL THE FRONT 1 R.O.W. UNE I 1 SETBACK OF A SIDE ENTRY GARAGE —— � l 1— BE Less THAN 10'. SIDEWALK ROADWAYS SIDEWALK 12/13/2013 -- -- -- 09/23/2013 NOT TO SCALE 950 Encore Way LORDS WAY 30 Ac D ®`: PROJECT No. Naples,FL.34110 OAK. 2013023 Phone:(239)254-2000 ORAWR BY, CAD nu MANE: 111 Florida Gertifioata of �►�{,�� /1��/yY ~1.i.,AION HST flNIB69EtE✓35 Authorization No.1772 EXHIBIT V'L 08/2013 MOTT 0-2 • Page 7 of I 1 H:\2013'20l3023\WP\PUD Rezone\CCPCC\L.ord's Way 30 Acre RPUD(PUDZ-P1.20130000827)1-3-2014.docx EXHIBIT D LORD'S WAY 30 ACRE RPUD LEGAL DESCRIPTION Parcel I The West 1/2 of the East %2 of the Northeast'/4 of the Southwest '/of Section 14,Township 50 South,Range 26 East,Collier County,Florida. Parcel 2 The East''/of the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 14,Township 50 South,Range 26 East,Collier County,Florida. Parcel 3 The East'/of the West %x of the Northeast 1/4 of the Southwest :A of Section 14,Township 50 South,Range 26 East,Collier County,Florida. Page 8 of 11 H:\2013'2013023\WP\PUD Rezone\CCPC\Lord's Way 30 Acre RPUD(PUDZ-PL20130000827)1-3-2014.docx EXHIBIT E LORD'S WAY 30 ACRE RPUD LIST OF REQUESTED DEVIATIONS FROM LDC PRIVATE ROADWAY WIDTH 1. Deviation No. 1 seeks relief from LDC Section 6.06.01, Private Roadway Width,which requires a 60-foot right-of-way width, to allow that the private roadway shall have a minimum 42 foot right-of-way width. DRAINAGE EASEMENT WIDTH 2. Deviation No. 2 seeks relief from LDC Section 6.01.02.B.2, Drainage Easements, which requires that an easement shall be no less than 15 feet in width to allow for an easement that is no less than 10 feet in width for storm drainage pipes less than 24"in diameter and with an invert no more than 6 feet from finished grade. All installations will follow OSHA and ACPA Standards. PERIMETER WALL/FENCE HEIGHT 3. Deviation No. 3 seeks relief from LDC Section 5.03.02.C, Fences and Walls, which limits the fence or wall height to 6 feet, to allow a perimeter wall or fence and berm in combination up to thirteen (13) feet in height, (including an eight (8) foot fence or wall installed on the perimeter berm,which will be between 2 and 5 feet in height). SIDEWALKS 4. Deviation No. 4 seeks relief from LDC Section 6.06.02.A.1, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks on both sides of the street, to allow a single eight (8) foot-wide sidewalk on only one side of a street where the street is adjacent to the preserve. AMENITY SITE LANDSCAPE BUFFERS 5. Deviation No. 5 seeks relief from LDC Section 4.06.02.C.2,Buffer Requirements,which requires a typical Type"B" buffer width of 15 feet, to allow such buffers on the Amenity Center/Clubhouse tract, if constructed, to be a minimum of 10 feet in width with Type "B" buffer vegetation installed. Page 9 of 11 H:\2013\2013023\WP\PUD Rezone\CCPC\Lord's Way 30 Acre RPUD(PUDZ-PL20130000827)1-3-2014(loo,. EXHIBIT F LORD'S WAY 30 ACRE RPUD LIST OF DEVELOPER COMMITMENTS 1. TRANSPORTATION REQUIREMENTS A. When the Collier Boulevard at The Lord's Way intersection at CR-951 is signalized upon meeting warrants,the cost of the signalization of this intersection will be shared proportionately among the Owner and other developments located in the area (east and west of C.R.951) and at no cost to Collier County and without road impact fee credits. These improvements are site-related improvements and shall not be eligible for impact fee credits. B. If at the time of application of the first plat or first Site Development Plan (SDP) for this development, The Lord's Way along the development's frontage is not improved to County standards for a two-lane paved local road, The Lord's Way shall be constructed by the developer to the County's standards for a two-lane paved local road from the eastern terminus of the existing paved The Lord's Way to a point adjacent to the eastern property line of the development prior to approval of the first plat or first SDP. This shall include an eastbound right-turn lane into the development. Stormwater management for this segment of road shall be accommodated in the stormwater management system of this development. These improvements are site-related and shall not be eligible for impact fee credits. C. If the associated sidewalk on the south side of The Lord's Way along the frontage of the development is not installed as a minimum 6"thick. 5-foot wide concrete sidewalk prior to the first application for SDP or platting of this development,then a 6"thick, 5-foot wide concrete sidewalk shall be constructed across the frontage of the development on the south side of The Lord's Way prior to the approval of the first plat or SDP. This sidewalk will include an appropriately designed crossing of The Lord's Way in the northwest corner of the development to the existing asphalt pathway on the north side of The Lord's Way. These improvements are site-related and shall not be eligible for impact fee credits. 2. UTILITY REQUIREMENTS A. The development shall be subject to application for and conditions associated with a water and sewer availability letter from Collier County Utilities Division. 3. PLANNING A. The developer, it successor or assignee, shall provide to any potential resident a disclosure statement with respect to the noise that is associated with the Swamp Buggy Races located at 8250 Collier Boulevard, Naples, Florida within the Florida Sports Park (within the Hacienda Lakes RPUD) as it relates to the location of this RPUD. The statement shall disclose that the Florida Sports Park and Swamp Buggy operations regularly generate noise which may be heard on the Page 10 of 11 H:\2013\2013023\WPIPUD Rezone■CCPC,Lord's Way 30 Acre RPUD(PIJDZ-P[20 1 3000082 7)1-3-2014.doc x Lord's Way 30 Acre PUD property, both during the day and into the evening, including but not limited to, noise from swamp buggy racing, tractor pulls, festivals, and music concerts. This statement must be presented to the buyer prior to entering into any sales contract. B. Within 120 days of approval of this PUD, Owner shall record in the public records of Collier County a notice of proximity to the Florida Sports Park and Swamp Buggy grounds. This notice shall disclose that the Florida Sports Park and Swamp Buggy operations regularly generate noise which can be heard on the PUD property, both during the day and into the evening, including but not limited to, noise from swamp buggy racing, tractor pulls, festivals, and music concerts. The legal description of the PUD shall be attached to the notice. C. The eastern boundary of the RPUD shall be landscaped in accordance with the requirements for a Type C buffer. D. All residential buildings shall be constructed in a manner to provide an exterior ambient sound level reduction of SLR 35 decibels, consistent with the provisions of LDC Subsection 4.02.06.N.6.g. 4. PUD MONITORING A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Lord's Way 30, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 5. DENSITY CALCULATION AND TRANSFER OF DEVELOPMENT RIGHTS (TDR) CREDITS A. A density calculation and TDR Credit tracking sheet shall be submitted with each Site Development Plan (SDP) and/or plat for the redemption of TDR Credits needed for the project. Page 11 of 11 H:12013\2013023\W'P\PUD Rezone\CCPC[.ord's Way 30 Acre RPUD(PUDI:PL20130000827)I.3-2014.docx Summary of Neighborhood Information Meeting: THE LORD'S WAY 30 ACRE RPUD Petition: PUDZ-PL20130000827, Planned Unit Development Rezone: Date: Monday November 18, 2013 Time: Commenced at 5:35 PM. Concluded at 6:05 PM Location: Comfort Inn& Suites - Banquet Room, 3860 Tollgate Boulevard,Naples, FL, 34114 Attendance: The meeting was conducted by Bob Mulhere, FAICP, of Hole Montes, on Behalf of the applicant. David Torres (applicant) was also in attendance along Richard Yovanovich, project land use attorney. Nancy Gundlach, AICP, PLA was in attendance from Collier County staff. One member of the public,representing Naples Lakes County Club, was in attendance. Summary: Mr. Mulhere summarized the RPUD process, noted the possible hearing dates for this petition, followed by a summary of the project utilizing an aerial photo and other exhibits. Mr. Laird, a resident of Naples Lakes Country Club, asked a number of questions regarding the development proposal and responses were provided by Mr. Mulhere, Mr. Torres, and Mr. Yovanovich, depending upon the nature f the question and who best should respond. Mr. Laird's questions centered on the following topics: • Access to the project; • The maximum allowable density; • The TDR process as it is utilized in this project; • Anticipated product type and design height; • Anticipated price points; and • Anticipated start and completion dates Mr. Laird indicated he was there as a resident of Naples Lakes and also as a member of the Homeowner's Association Board of Directors, and that he would report back his findings to the Association. Prepared by Robert J. Mulhere,FAICP on November 20,2013 and revised to provide greater detail on December 16,2013 Attachment B C:\Users\nancygundlach\AppData\Local\Microsoft\Windows\Temporary Internet Files\ContentOutlook\PVX54XLO\NIM Summary 121613 Lord's Way 30 Acre RPUD.docx AGENDA ITEM 9-B Cat ier sunty STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES—PLANNING&ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION--PLANNING& REGULATION HEARING DATE: JANUARY 16, 2014 SUBJECT: PUDA-PL20120002855: WINDING CYPRESS PUD (COMPANION TO DOA-PL20120002856 WINDING CYPRESS DRI AMENDMENT) PROPERTY OWNER&APPLICANT/AGENT: Applicant/Contract Purchaser: Owners: DiVosta Homes, LP Barron Collier Company, Ltd. Barron Collier Investments, Ltd. c/o Chris Hasty 2600 Golden Gate Pkwy Ste 200 2600 Golden Gate Pkwy 24311 Walden Center Dr Ste 300 Naples,FL 341-5 Naples, FL 34105 Bonita Springs, FL 34134 Agents: Anita Jenkins AICP Richard D. Yovanovich, Esquire J.R. Evans Engineering,P.A. Coleman, Yovanovich&Koester,P.A. 23150 Fashion Drive, Ste 24 Northern Trust Bank Building Estero, FL 33928 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 NOTE: Barron Collier Company, Ltd. and Barron Collier Investments, Ltd. own Tract B. DiVosta Homes, LP owns the existing Village Center tract. Many other property owners and associations own or otherwise control property within the overall Winding Cypress PUD. REQUESTED ACTION: The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for an amendment to the existing PUD zoned project which is currently known as the Winding Cypress Planned Unit Development (PUD), whose currently developed portion is being developed under the name of Verona Walk. For details about the project proposal, refer to "Purpose/Description of Project." PUDA-PL20120002855: WINDINGCYPRESS PUD Page 1 of 18 January 16,2013 CCPC Revised: 12/31/13 GEOGRAPHIC LOCATION: The subject 1,928± acres (the entire Winding Cypress PUD) is located in Sections 26, 34, and 35, Township 50 South, Range 26 East and Sections 2 and 3, along the eastern side of Collier Boulevard (CR 951) south of Sabal Palm Road in Township 51 South, Range 26 East, Collier County, Florida. (see illustration on the following page). PURPOSE/DESCRIPTION OF PROJECT: The subject property was originally rezoned from Agricultural (A) to PUD with the adoption of Ordinance No.99-93. That ordinance approved a maximum of 2,892 units 45 holes of golf and 30,000 square feet of commercial/recreational uses. That ordinance was repealed and replaced by Ordinance No. 02-35, which reduced the number of units to 2,300 and reduced the golf holes to a maximum of 18 holes. The PUD was subsequently amended to correct scrivener errors in Ordinance 02-48. The subject property is also part of the Winding Cypress DRI. The DRI was original approved in Resolution No. 99-467 (DRI Development Order No. 99-4). The DRI was amended in Resolution No. 02-302 (DRI DO No. 02-01) and again in Resolution No 06-18. This project is currently approved for a total of 2,300 residential units on 448 acres with up to 30,000 square feet of commercial and recreational facilities in the Village Center. Also approved are 18 holes of golf and a clubhouse. The project was originally approved with two Tracts -- Tracts A and B. Tract A is developed as Verona Walk. Tract B is vacant and is the subject of this amendment request. Please refer to the Master Plan for the delineation. According to application,the following changes are proposed: • Increase residential dwelling units from 2,300 to 2,854 on 492 acres of land(previously 448 acres). Both Single Family and Multi-Family units (The gross density will be increased from 1.2 to a maximum of 1.4 units per acre. • Increase in the acreage of lakes will be from 235 acres to 272 acres. • Eliminate golf course,golf club,golf course maintenance and practice range. • Increase of 44 acres in preserve area,for a total of 840 acres. • Increase buffers,waterways,canal,and FP&L easements from 180 acres to 219 acres. • Change the build-out date will change to December 31, 2020 and expiration date to December 21, 2025. • Add a deviation from LDC Section 4.07.04B.4.b to change the radius requirement for the Tract B Village Center from `within 1,760 ft. radius to 80% of the number of units", to "within a 5,000 ft. radius of 80%of the number of units"within Tract B. • Add a second Village Center in Tract B. • Increase the commercial square footage allowance in the Village Centers from a maximum of 30,000 square feet to a maximum of 50,000 square feet. • Increase the maximum acreage of the two Village Centers from 15 acres to 17 acres. • Update LDC citations. • Update PUD Section 2.12 related to Clearing and Fill Storage. 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" 11:1 1 4111 2 \) '' ci: '0 ----- - f ' _____ __ (1 . -r ' � CRAN S gx��% o �~-- i_ 4 - = ■ '� 4 ir s il 1.111111 ' °1mI.1 --1� `1 o !I 1 rill AlICC:111111.6111 .1 3 11 1 ° � i, '' \ YASIMt�A WAY P1 II d WINDING CYPRESS TRACT "Bs ///j 111'1 h, .' je U Sj I� / WINDING CYPRESS TRACT A PUD AMENDMENT P � ,�,1 :;f' :• .Cypress PUD Amendment 12/13/13 . EXHIBIT D Page 44 of 46 } WA` r ,/ AUGUST, 2008 .-1 --- - co a:. 009 — D9:43:12 CWICKSTRk ETIG N0506 48 hi6ds •Us-AM NDMa 00—I S•-:—oud—ammend—.8-09—z0l.dwa • Update language under PUD Section 2.13 Preliminary Subdivision Plat Phasing. • Provide and add reference to a bicycle and pedestrian master plan. • Update PUD Section 7.4 Transportation. • Remove PUD Section 7.6 Environmental. • Update PUD Section 7.3 Monitoring Report. • Update PUD Section 7.6 Utilities. • Update ownership information. • Add exhibits to clarify Tract B as the amendment area. SURROUNDING LAND USE AND ZONING: North: Sabal Palm Road, then various sized tracts (most are 1-5 acres), with a zoning designation of Rural Agricultural(A)which are used for agricultural and homestead purposes East: Hacienda Lakes PUD/DRI, developing mixed used project; approximately 640 acres of state- owned preserve lands, with a zoning designation of Rural Agricultural (A); and 688±- acre Naples Reserve Golf Club, which was approved at a density of 1.67units per acre with a zoning designation of RPUD South: US 41, and a 66±-acre parcel controlled by Rookery Bay, with a zoning designation of Rural Agricultural (A) West: An undeveloped 136±-acre tract owned by the City of Marco Island (the reservoir for water service for the City of Marco Island), with a zoning designation of Rural Agricultural (A); the Falling Water Beach Resort, a mixed use project on 74± acres which was approved with a residential density of 6.5 units per acre with a zoning designation of PUD; a strip of 1±s acre parcels along US 41 with zoning designations of Rural Agricultural (A); and Collier Boulevard (CR 951) and then Lely Resort, which is a mixed use project and DRI that was approved at a density of 1.67units per acre with a zoning designation of RPUD PUDA-PL20120002855: WINDINGCYPRESS PUD Page 3 of 18 January 16,2013 CCPC Revised: 12/31/13 35005>,�, t'&.�s „�+ �!� —��3 �+f , � 8, 4""...r.:. 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J'''' ,=4;",,N,pii7i k ; :��i• I� . r $ � t> a.: ' t , t c cS, ' *� �, x�. .Ifi 4. ,, 2 r'47,-'"'"4"-Sit.,.i t r 1 „rb i 1 1 i t sf a' d - T -,lo` w �,' .. �. - .� ' � 17,1. _;1 I,art : s1_ 3.. _. `?`-h�'•�';`.s�"' .. Aerial Photo (subject property depiction is approximate) GROWTH MANAGEMENT PLAN(GMP)CONSISTENCY: Future Land Use Element (FLUE): The existing Winding Cypress PUD/DRI is designated Urban, Urban — Mixed Use District, Urban Residential Fringe Subdistrict and partially (that small portion in Section 3) Urban Residential Subdistrict on the Future Land Use Map and in the Future Land Use Element(FLUE). The Urban Residential Fringe Subdistrict allows a residential density of 1.5 dwelling units per acre (DU/A) and is not subject to the Density Rating System. The Urban Residential Subdistrict allows a density of 3 DU/A (base density of 4 DU/A less 1 DU/A for lying within the Coastal High Hazard Area). The proposed PUD/DRI amendments would increase the number of dwelling units to 2,854 or 1.48 DU/A (2,854 DUs/1,928 acres). Given that the site is eligible for>1.5 DU/A,the requested density is consistent with the site's future land use designations. The FLUE contains a text-based provision known as the PUD Neighborhood Village Center Subdistrict that is applicable to the subject site. This Subdistrict allows for small scale commercial uses "to serve the daily needs of the residents of a PUD." In addition to limited commercial uses, the Village Center may include recreational uses and other amenities to equal 17 acres but the Village Center cannot designate more than 15 acres for commercial uses. The Village Center cannot have independent access to a road external to the PUD, must be integrated into the PUD, and must be conveniently located to PUDA-PL20120002855: WINDINGCYPRESS PUD Page 4 of 18 January 16,2013 CCPC Revised: 12/31/13 serve the PUD. The Village Center construction is to occur concurrently with residential development in the PUD. The Land Development Code (LDC) contains standards to implement this Subdistrict (Section 4.07.04). The existing PUD/DRI contains a Village Center PUD District comprising 15 acres and allowing 30,000 square feet (sq.ft.) of limited commercial uses. Its location, size, uses, etc. was deemed consistent with the PUD Neighborhood Village Center Subdistrict upon original approval in 1999 and subsequent amendment in 2002. The proposed PUD/DRI amendments would add a second Village Center site, increase the Village Center PUD Districts from 15 to 17 acres [in combination with recreational facilities, and other amenities or facilities], and increase the commercial square feet from 30,000 sq.ft. to 50,000 sq.ft. All uses, development standards, etc. remain unchanged. Though specific information is not provided by the applicant as of the date of the last review, staff estimates the existing Village Center site to be reduced to about 12 acres and the newly proposed Village Center site to be about 5 acres. The proposed amendments specify a maximum of 15 acres of commercial development in the PUD Neighborhood Village Center Subdistrict, along with recreational facilities, other amenities, internal roadways, open space and water management facilities,for a total of 17 acres. The PUD Neighborhood Village Center Subdistrict refers to a "Neighborhood Village Center" as singular whereas this amendment proposes to add a second one, albeit both centers combined would be in compliance with the total size cap of 15 acres devoted to allowable commercial uses. There is precedent for this — Mediterra PUD/DRI, also a very large project (1,168 acres in Collier County), is approved with two Village Centers. Provisions in the Winding Cypress PUD are written to clarify compliance, stating, "The Village Center area designated for small scale retail, offices and service facilities shall not exceed 15 acres. These uses may be combined with recreational facilities, other amenities, internal roadways, open space and water management facilities for a total of 17 acres." This mixture of commercial and non-commercial land uses is evidenced in the established Village Center area and proposed for the future Village Center area, and provide for a net acreage in the PUD Neighborhood Village Center Subdistrict designed consistent with the LDC and this FLUE acreage limitation. The design standards from LDC Section 4.07.04 — which implement the PUD Neighborhood Village Center Subdistrict—are listed below, followed by staff comments in brackets. It is acknowledged that the existing Winding Cypress Village Center was approved prior to this LDC provision (and that it is platted, infrastructure is in place,residential development is substantially complete, and non-residential development is at or near build-out). However, the applicant now proposes a second Village Center, thus it is subject to this provision. • 4.07.04B.1. The gross acreage of the neighborhood village center shall be sized in proportion to the number of housing units authorized in the PUD as follows. The maximum size shall be 15 contiguous acres. [Winding Cypress PUD qualifies for the maximum size of 15 acres (>2,000 dwelling units). The PUD specifies two conveniently located Village Center sites that will net no more than 17 acres for commercial uses.] • 4.07.04B.2. The maximum floor area ratio for the commercial component is 0.25. [The PUD specifies this maximum FAR in the Village Center District.] PUDA-PL20120002855: WINDINGCYPRESS PUD Page 5 of 18 January 16,2013 CCPC Revised: 12/31/13 • 4.07.04B.3. The neighborhood village center shall be a unfeci; and architecturally integrated, plan of development with common ownership of all of the property that comprises the neighborhood village center. [Language to this effect does not exist in Section N of the PUD. Applicant indicates that "the second Village Center will comply with this LDC requirement, therefore no additional language has been added to deviate from this requirement". Acknowledged.] • 4.07.04B.4. The following locational criteria and functional operating characteristics shall characterize the neighborhood village center: a. The neighborhood village center must be internally located within the PUD such that the site has no direct access to roads external to the PUD. The center must be located a minimum of 660 feet from the nearest external roadway providing access to the PUD. The center must be located a minimum of 330 feet from the perimeter boundaries of the PUD. [Both the existing and proposed Village Centers do not have direct access to Collier Blvd. or Tamiami Trail, are located in excess of 660 feet from those two roads, and are located in excess of 330 feet from PUD perimeter boundaries.] b. The neighborhood village center shall be located within a 1,760 foot radius (one-third(1/3) mile) of at least 80%of the total number of approved residential units. [The existing Village Center is situated in the center of the community in which it is located (Verona Walk). However, it does not appear to be located within one-third mile of 80%of the dwelling units approved in the entire PUD. When the proposed second Village Center is combined with the existing one, they still appear not to be within 80% of the dwelling units. Due to the isolated location of the remaining residential tracts, necessitated by the extensive preserve areas, there does not appear to be a possible location for a second Village Center that would achieve this 80% requirement. Nonetheless, the proposed location of the second Village Center does decrease the existing nonconformity as it increases the percentage of dwelling units within 1/3 mile of a Village Center. Applicant has revised Sec. IV of the PUD to change the radius requirement for the Tract B Village Center from within 1,760 ft. radius to 80% of the number of units, to within a 5,000 ft. radius of 80% of the number of units within Tract B. Exhibit F of the PUD contains a formal Deviation from LDC Section 4.07.04B.4.b., and is specific to the proposed second Village Center. The justification/rationale for this deviation is provided in a separate document.] c. The neighborhood village center shall be pedestrian friendly meaning minimal dependency upon access by automobiles and with location and design to encourage pedestrian access, which shall be reflected in the pedestrian walkway system for the entire PUD. [The existing Village Center is situated in the center of the community in which it is located (Verona Walk) and it is well-served by an extensive sidewalk and multi-use pathway system throughout that community. Based upon Exhibit C, Winding Cypress Pedestrian and Bicycle Master Plan, the proposed second Village Center will be connected by a sidewalk system to the remaining residential tracts in the PUD.] • 4.07.04B.5. In recognition of the pedestrian friendly design of the neighborhood village center, as required in section 4.07.04 B.4.c., the number of required off-street parking spaces shall only be 50% of that required by section 4.05.04 of the LDC. However, the number of off-street parking PUDA-PL20120002855: WINDINGCYPRESS PUD Page 6 of 18 January 16,2013 CCPC Revised: 12/31/13 spaces provided shall not exceed 75%of that required by section 4.05.04. In all other respects, off- street parking areas shall be designed in accordance with the provisions of section 4.05.00 of this LDC. [Language to this effect has been introduced to Section N of the PUD, and is specific to the proposed second Village Center.] • 4.07.04B.6. The neighborhood village center shall be subject to, and in compliance with the design guidelines identified in Section 5.05.08 of this LDC except as otherwise excepted or required herein. [Section N of the PUD does not contain separate design guidelines, rather defaults back to LDC requirements.] • 4.07.04B.7. Signs. The neighborhood village center shall adhere to Section 5.06.00 of this LDC, the Collier County Sign Code. [Section II of the PUD contains separate sign guidelines, and a general provision for the PUD to govern where LDC regulations may conflict. Conversely, where the PUD is silent to signage,then LDC provisions apply.] • 4.07.04B.8. No commercial building construction in the neighborhood village center shall be allowed until building construction has commenced on at least 30%of the residential dwelling units in the PUD. [Language to this effect does not exist in Section IV of the PUD. However,the latest (8/15/13)PUD List indicates 1,686 dwelling units are built and 2,300 are approved(73%built); this petition would increase the approved dwelling units to 2,854(59%built).] LDC Section 2.03.06.E. contains the list of allowable commercial uses to implement the PUD Neighborhood Village Center Subdistrict. Many of the uses listed in Sec. IV of the PUD are less restrictive in scope than the LDC list, are absent square footage limitations found in the LDC list, are not on the LDC list,or are discrepant in some other manner. Applicant has provided explanation that no amendments to the list of uses [in the current PUD] are proposed for Village Centers. Uses listed in Sec. IV of the PUD are instead,consistent with the original PUD and those commercial uses allowed in the first [existing] Village Center. Based upon discussion with Zoning staff, though a new(2"d)Village Center is being added, the two Centers combined comply with the acreage limitation for commercial uses and the Village Center uses are deemed grandfathered. Future Land Use Element (FLUE) Policy 5.4 requires new developments to be compatible with the surrounding land area. Comprehensive Planning leaves this determination to Zoning Services staff as part of their review of the petition in its entirety. In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following FLUE policies shall be implemented for new development and redevelopment projects,where applicable. Each policy is followed by staff analysis in [bold text]. Objective 7: In an effort to support the Dover, Kohl& Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects,where applicable. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [The proposed PUD Master Plan PUDA-PL20120002855: WINDINGCYPRESS PUD Page 7 of 18 January 16,2013 CCPC Revised: 12/31/13 depicts direct access to Collier Boulevard (CR951) and US41 East, both classified as arterial roads by the Transportation Element.] Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [The proposed PUD Master Plan depicts a loop road and internal access.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. [Interconnections are not possible and/or not feasible. The PUD/DRI abuts: Sabal Palm Road to the north; Collier Blvd. and Henderson Creek canal to the west; US41 East and State of Florida lands to the south; and, to the east, State of Florida lands, reserved right-of-way (then preserve) within Hacienda Lakes PUD/DRI, and reserved right-of-way within Naples Reserve PUD.] Policy 7.4: The County shall encourage new developments densities, common open spaces, civic facilities and a range of housing prices and types. [The PUD/DRI includes a variety of dwelling unit types, includes recreational amenities, depicts greater than the required amount of open space on the proposed PUD Master Plan, and sidewalks are required. The north ± one-half of the PUD/DRI is developed and includes an extensive sidewalk system.] Based upon the above analysis, the proposed Planned Unit Development Amendment may be deemed consistent with the Future Land Use Element. 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 specified planning period (through 2020). Staff recommends that the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan(GMP). Conservation and Coastal Management Element (CCME): Conservation and Coastal Management Element (CCME): Environmental review staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). Prior to development of the PUD, the native vegetation onsite was approximately 1799.20 acres of the 1928 acre site. Therefore, a minimum of 449.80 acres of native vegetation is required to be placed under preservation and dedicated to Collier County. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. PUDA-PL20120002855: WINDINGCYPRESS PUD Page 8 of 18 January 16,2013 CCPC Revised: 12/31/13 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 Land Development Code (LDC) Subsection 10.02.13.B.5, Planning Commission 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 bases for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading"Zoning Services 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. The PUD Master Plan provides 840 acres of Preserve, which exceeds the minimum requirement of 449.80 acres. This project does require Environmental Advisory Council (EAC) review, as this project meets the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances, specifically, development with impacts to 500 or more acres of native vegetation. Please refer to the Environmental Impact Statement for further details regarding the environmental review. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan along with the companion DRI Development Order (DRI DO) amendment application for right-of-way and access issues as well as roadway capacity, and recommends approval subject to the Developer/owner commitments as provided in the PUD ordinance. Network Impacts: The Traffic Impact Study included in both the DRI Development Order(DO)Amendment and the PUD Amendment detail a change from 2,300 units to 2,854 units. However, it should be noted that the FDOT review was based on the DO-to-DO comparison based on the traffic created by the original 2,892 dwelling units. Regarding the FDOT and RPC review, it can be stated that there is a net reduction in the overall number of units and traffic impacts; the `interim' condition of 2,300 units has been removed from the analysis. As a result, the FDOT review concludes that there is no significant change, and that the roadway network has sufficient capacity to accommodate the proposed final Development Order/PUD. The County's review has analyzed the change from most recent condition of 2,300 units to 2,854 units. It has been analyzed as a net increase, although the total net units are negative since the original DRI was implemented in 1999. The effects of the"additional" 554 units can be described as follows: -Significant impacts on Collier Boulevard Links 33.0, 34.0, 35.0,and 36.1 PUDA-PL20120002855: WINDINGCYPRESS PUD Page 9 of 18 January 16,2013 CCPC Revised: 12/31/13 -Significant impacts on Rattlesnake Hammock Links 72.0, 73.0, 74.0, and 75.0 -Davis Boulevard and Tamiami Trail experience impacts that are below the 2%-2%-3%threshold. In the analysis from 2,300 units to the proposed 2,854, significant impacts are noted along Collier Boulevard and Rattlesnake Hammock,but none are shown to cause failure of these roadway segments. Operational/Intersection impacts for the development have been analyzed as well, and the additional units that will be platted in the near future have been quantified. Those units are not expected to require additional mitigation in the form of proportionate share toward intersection improvements. Zoning Services Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the subject site, the compatibility analysis included a review of the subject proposal comparing it to surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location. Zoning staff is of the opinion that this project will be compatible with and complementary to, the surrounding land uses. To support that opinion staff offers the following analysis of this project. The development standards contained in Table 1 of the PUD document that governs the uses in Tract A are now proposed to be utilized as property development regulations for Tract B. No new uses are being added to the PUD; however Tract B is now proposed to have a Village Center, similar to what exists in Tract A. The Village Center is to be an amenity to the planned residential area. Staff believes the square footage and acreage allowances in the Village Center should be clarified to ensure that the project remains in compliance with the PUD Neighborhood Village Center Subdistrict of the FLUE and Section 4.07.04 of the LDC. The approved plans in SDP-AR-2004-6520 for the existing Village Center indicate that this Village Center is built on 8.04 acres. The site plan indicates that there are 20,575 square feet of retail and office uses (from an allowable maximum of 30,000 square feet) within Building #1 in Tract A, and a total of 25,666 square feet of retail, office, and recreation uses within that Village Center. If the petitioner's request to increase the allowable square footage to 50,000 square feet, then there would be 29,425 square feet of allowable commercial square footage available for Tract B. As noted in the proposed request, the applicant is also seeking to increase the allowable acreage in the Village Center from 15 acres to 17 acres which would include recreational uses as well as the allowable commercial square footage. Thus there would be a maximum of 8.96 acres of land available for the development of the Tract B Village Center [17 acres—8.04 acres=8.96 acres]. Staff believes the allowable [remaining] square footage and acreage figures should be included in the PUD document as limitations for the Village Center in Tract B. The surrounding area's zoning and land uses have not significantly changed since this project has been developing. The Surrounding Zoning and Land Use discussion on page 2 of the staff report and the Master Plan all reflect zoning and uses that have been in effect as this project has developed. No new PUDA-PL20120002855: WINDINGCYPRESS PUD Page 10 of 18 January 16,2013 CCPC Revised: 12/31/13 uses are proposed as part of this amendment. The density is being increased from 2,300 to 2,854 dwelling units and the density will be increased from 1.2 to a maximum of 1.4 units per acre. Deviation Discussion: The petitioner is seeking approval of one deviation from the requirements of the LDC. The deviations are listed in PUD Exhibit F. Deviations are a normal derivative of the PUD zoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control. PUDs . . . . may depart from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest. . . . Deviation 1 seeks relief from LDC Section 4.07.04B.4.b to change the radius requirement for the Tract B Village Center from"within 1,760 ft. radius to 80%of the number of units",to within a 5,000 ft. radius of 80%of the number of units within Tract B. Petitioner's Rationale: The applicant states in his justification for this deviation the following: Due to the residential tracts location constraints, necessitated by the extensive preserve areas, there is not a location for a 2"d Village Center that would achieve this 1,760 ft. radius requirement. The 2"d Village Center is centrally located as possible to serve the residents of Tract B. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is accommodated. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h,the petitioner has demonstrated that the deviation is"justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." FINDINGS OF FACT: LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to 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." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below. [Staff's responses to these criteria are provided in bold,non-italicized font]: PUD Findings: LDC Subsection 10.13.B.5 states that, "In support of its recommendation, the CCPC PUDA-PL20120002855: WINDINGCYPRESS PUD Page 11 of 18 January 16,2013 CCPC Revised: 12/31/13 shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): 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. Staff has reviewed the proposed amendment and believes the proposed changes are compatible with the development approved in the area. The commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, 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 undeveloped portions of the property.Additionally,the development will be required to gain platting and/or site development approval. Both processes 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 Growth Management Plan (GMP). Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion and the attached report from Comprehensive Planning staff and the zoning analysis of this staff report. Based on those staff analyses,planning zoning staff is of the opinion that this petition may 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. Staff has provided a review of the proposed changes and believes that the project will be compatible with the surrounding area. The residential uses are not proposed to change as part of this amendment and the uses approved in the original PUD rezone were determined to be compatible. The proposed additional Village Center should enhance Tract B. The petitioner is revising some property development regulations, but staff believes uses remain compatible given the proposed development standards and project commitments. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of native preserve aside for this project meets the minimum requirement of the LDC. PUDA-PL20120002855: WINDINGCYPRESS PUD Page 12 of 18 January 16,2013 CCPC Revised: 12/31/13 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must comply with all other applicable concurrency management regulations when development approvals are sought. Additionally,the PUD document contains additional developer commitments that should help ensure there are adequate facilities available to serve this project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as road capacity, wastewater disposal system, and potable water supplies to accommodate this project 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 petitioner is seeking approval of one new deviation to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff has provided an analysis of the deviation in the Deviation Discussion portion of this staff report, and is recommending approval of the deviation. Rezone Findings: LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to 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, & policies of the Future Land Use Map and the elements of the Growth Management Plan. The zoning analysis provides an in-depth review of the proposed amendment. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the CCME and the Transportation Element. Therefore, staff recommends that this petition be deemed consistent with the GMP. 2. The existing land use pattern; Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it at length in the zoning review analysis. Staff believes the proposed amendment is appropriate given the existing land use pattern, and development PUDA-PL20120002855: WINDINGCYPRESS PUD Page 13 of 18 January 16,2013 CCPC Revised: 12/31/13 restrictions included in the PUD Ordinance. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD amendment would not create an isolated zoning district because the subject site is already zoned PUD. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff believes the district boundaries are logically drawn given the current property ownership boundaries and the existing PUD zoning. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed amendment is not necessary,per se; but it is being requested in compliance with the LDC provisions to seek such the amendment to allow the owner the opportunity to develop the land with uses other than what the existing zoning district would allow. Without this amendment, the property could be developed in compliance with the existing PUD ordinance regulations. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Staff believes the proposed amendment, with the commitments made by the applicant, can be deemed consistent County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes numerous restrictions and standards that are designed to address compatibility of the project. Development in compliance with the proposed PUD amendment should not adversely impact living conditions in the area. 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 roadway infrastructure has adequate capacity to serve the proposed project with the mitigation that will be provided by the developer. Staff believes the petition can be deemed consistent with all elements of the GMP if the mitigation is included in any recommendation of approval. 8. Whether the proposed change will create a drainage problem; The proposed amendment should not create drainage or surface water problems. The developer of the project will be required to adhere to a surface water management permit from the SFWMD in conjunction with any local site development plan approvals and ultimate construction on site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; PUDA-PL20120002855: WINDINGCYPRESS PUD Page 14 of 18 January 16,2013 CCPC Revised: 12/31/13 If this amendment petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. The location of the proposed buildings, combined with the setbacks and project buffers will help insure that light and air to adjacent areas will not be reduced. 10. Whether the proposed change will 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; 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 contrasting 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 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 subject property could be developed within the parameters of the existing zoning designations; however, the petitioner is seeking this amendment in compliance with LDC provisions for such action. 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, if staff's conditions of approval are adopted, 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; As noted previously, the subject property already has a zoning designation of PUD; the PUD zoning was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban-designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. PUDA-PL20120002855: WINDINGCYPRESS PUD Page 15 of 18 January 16,2013 CCPC Revised: 12/31/13 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. The proposed amendment is consistent with the GMP as it is proposed to be amended as discussed in other portions of the staff report. 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. Additional development anticipated by the PUD document would require considerable site alteration. This project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of 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 Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. 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 with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) 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's agents conducted a duly noticed NIM on October 22, 2013, at 7:30 p.m. at the banquet room of the Comfort Inn. The applicant's affidavit and copies of the meeting notice and advertisement are attached. In addition to our attendance, others included the applicant, the consultant team and residents. The attached meeting sign-in sheet provides a complete list of attendees. Rich Yovanovich, agent for the applicant, gave an overview of the Winding Cypress PUD amendment application requests. The proposed changes as shared in the attached handout include: • Removing 18 holes of golf • Increase Preserve area by 44 acres for a total of 840 acres • Increasing buffers and waterways by 39 acres • Changing the number of units from 2,395 to 2,854. This total includes the existing homes in Verona Walk,and remains under the number of units originally approved,2,892 units,in 1999. • Adding a new Village Center in Tract B Several questions were posed by the audience, and responses provided by Mr. Yovanovich and the consultant team, in reference to: PUDA-PL20120002855: WINDINGCYPRESS PUD Page 16 of 18 January 16,2013 CCPC Revised: 12/31/13 Q. Is the primary access on Collier Boulevard or US 41? A. Collier Boulevard Q. What is the buffer to Henderson Creek?And can it be larger? A. 10 foot and the consultant team will review the plan and see what options are available. Q. When will the widening of US 41 begin? A. It is scheduled to being in 2012 Q. What type of development will be in Winding Cypress? Will there be commercial along US 41? A. Winding Cypress will have a mix of residential units and a town center with amenities, similar to Verona Walk. Q. When will construction begin? A. It is scheduled for 2014. The meeting concluded at 7:50 p.m. A recording of the meeting is included on the DVD provided. In addition to the neighborhood information meeting summarized above, the applicant and consultant team also held a meeting for the Verona Walk residents on October 21,2013 at 5:00 p.m. at the Verona Walk town center. The attached notice was provided to Verona Walk residents via e-mail and was posted in the town center, including the town center post office. The applicant and consultant team attended along with approximately 90 residents. The applicant provided the same overview of the project as noted above. The questions posed by the Verona Walk residents, and responses provided by the applicant were in reference to the relationship between the two developments, primarily shared access and separation between amenities. The applicant described how the Collier Boulevard access to Winding Cypress will operate as a second access for Verona Walk, and that Winding Cypress will have amenities for the residents similar to Verona Walk. The meeting concluded at 7:00 p.m. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed the staff report for this petition on December 30, 2013. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDA-PL2012002855 to the BCC with a recommendation of approval, subject to the inclusion of limitation on the Tract B Village Center regarding allowable square footage and maximum acreage. PUDA-PL20120002855: WINDINGCYPRESS PUD Page 17 of 18 January 16,2013 CCPC Revised: 12/31/13 PREPARED BY: lotliq 13 KAY DOESELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF PLANNING AND ZONING REVIEWED BY: /-, � > - RAYMO D V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF PLANNING AND ZONING MIKE BOSI, AICP, DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING APPROVED BY: 1 ** , -- N 'ASALANI i' IA, AD ISTRATOR DATE GROWTH MANAGEMENT DIVISION Tentatively scheduled for the February 25, 2014 Board of County Commissioners Meeting PUDA-PL20120002855: WINDINGCYPRESS PUD Page 18 of 18 January 16,2013 CCPC Revised: 12/31/13 From: r.limpus @verizon.net Sent: Tuesday, October 29, 2013 1:09 PM To: DeselemKay Cc: jlimpus @verizon.net Subject: Oct-11-2013 letter RE: Winding Cypress PUD Amendment Application PL-2012-2855 Dear Ms. Anita Jenkins and Ms. Kay Deselem, Thank you for your subject letter that we received recently regarding development intentions and changes being proposed to DiVosta's Winding Cypress community. We are personally OPPOSSED to the petitioner's request to the County to approve their application to remove the golf course use in Tract B and allow development of up to 2,854 homes,which includes the built Verona Walk community. Our reasons for our opposition are as follows: 1. Removing the golf course use is tantamount to a"bait-and-switch"approach,given that the public land development,zoning and approval process in Collier County was already completed/approved on the basis of golf course use. 2.Approval of the petition sets an poor precedent and questions the integrity of the devlopment,zoning and land use process. 3. Up to 2,854 homes in the proposed geographical location will stress the existing Collier County infrastucture. 4. Granting approval of the petition will significantly alter the dynamic of the overall, nearby communities in this region,for the worst and not for the betterment. I urge you and the appropriate goveming bodies within Collier County to vote AGAINST the petitioner's request for amendment to the Winding Cypress PUD zoning document. Sincerely, Ronald&Jane Limpus 9093 Chula Vista Street, Unit 11101 Naples, FL 34113 Permanent address: 320 Firethorn Lane Sinking Spring, PA 19608 From: Kramer, Karen [karen.kramer @siemens.com] Sent: Tuesday, October 29, 2013 5:46 PM To: DeselemKay Cc: Jeff Fiely Subject: Winding Cypress proposed community Importance: High Dear Anita and Kay, We are opposed to the removal of the golf course and the development of up to 2854 more homes at Collier and Tamiami. That is already a very congested intersection and safety is certainly an issue.Not to mention we don't need another housing crash fueled by an overabundance of properties built on swampland. We were unable to make the meeting on Oct.22 as we live in Cincinnati.But we need to know what we can do to oppose this proposal.Please advise. Warm regards, From: rickrupp [rickrupp@charter.net] Sent: Wednesday, October 23, 2013 9:43 AM To: Deselem Kay Cc: Tom Campbell; Frank Ferraiuolo;James Miller; Don Bassett;John Thornton; Bob Senna Subject: Winding Cypress PUD Kay Deselem, AICP Principal Planner Growth Management Division Planning & Regulation Land Development Services It was a pleasure to meet you last evening at the PUD amendment meeting for Collier County residents. As you heard, the residents of Falling Waters Beach Resort are quite concerned about the minimum distance of 10 feet from Henderson Creek to the property line of future Winding Cypress residents. We feel that is much too close and our communities will virtually be back to back with views into each other's homes. The planned layout of Winding Cypress appears to have approximately 50% preserve area and all we ask is that some of that be used as a buffer between Henderson Creek and the future residential properties of Winding Cypress. If our Falling Waters residents can be of any help in achieving this goal either by petition or other means please let us know. We will cooperate fully. We would like someone from Planning come out to see our property and address our concerns. Frank Ferraiuolo President of FWBR Masters Association 239-774-6120 Rick Rupp From: Kathleen Brown [kbnaples @comcast.net] Sent: Wednesday, October 23, 2013 1:37 PM To: DeselemKay Subject: Winding River Development Kay, I am a Falling Water Beach Resort II resident and was unable to attend mtg regarding development of land adjacent to our property across from Henderson Creek. I would like to know how I may go about accessing information regarding how close Winding River development is legally allowed to build/develop in relationship to Henderson Creek as it impacts our community. How close are they allowed to get to Henderson Creek. are they putting housing near the creek ? Thank you in advance for any information you may share regarding Winding River development project. Kathleen B. Brown resident: Falling Waters Beach Resort II WINDING CYPRESS A PLANNED UNIT DEVELOPMENT Approximately 1,928±Acres Sections 26, 34, and 35 Township 50 South, Range 26 East and Sections 2 and 3 Township 51 South, Range 26 East Collier County, Florida PREPARED FOR: Barron Collier Company, Ltd. DiVosta Homes, LP 2600 Golden Gate Parkway 24311 Walden Center Drive, Suite 300 Suite 200 Naples FL 34105,Bonita Springs, FL 34314 PREPARED BY: J.R. Evans Engineering, P.A. 3200 Bailey Lane, Suite 200 23150 Fashion Drive, Ste. 242 Naples, Florida 34105 Estero, Florida 33928 and Young, van Aesenderp, Varnadoe&Anderson, PA Coleman Yovanovich & Koester, P.A. 801 Laurel Oak Drive, Suite 300 4001 Tamiami Trail North, Suite 300 Naples, FL 34108 Naples, Florida 34103 DATE FILED 9/2/99 DATE APPROVED BY CCPC 12/2/99 DATE APPROVED BY BCC 12/14/99 ORDINANCE NUMBER 99-93 DATE AMENDMENT FILED 3/18/02 DATE APPROVED BY CCPC 6/10/02 DATE APPROVED BY BCC 6/25/02 ORDINANCE NUMBER 02-35 SCRIVENER'S ERROR CORRECTED 10/8/02 ORDINANCE NUMBER 02-48 DATE APPROVED BY BCC 11/5/09 ORDINANCE NUMBER 09-61 DATE AMENDMENT FILED 5/10/2013 PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 1 of 46 TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE ii SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1-1 SECTION II PROJECT DEVELOPMENT 2-1 SECTION III RESIDENTIAL DISTRICT(TRACT A AND TRACT B) 3-1 SECTION IV VILLAGE CENTER DISTRICT 4-1 SECTION V GOLF CLUB, GOLF COURSE, AND RECREATIONAL DISTRICTS 5-1 SECTION VI PRESERVE DISTRICT 6-1 SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7-1 EXHIBIT A WINDING CYPRESS MASTER PLAN (Ordinance 02-35) and WINDING CYPRESS MASTER PLAN, TRACT B EXHIBIT B LEGAL DESCRIPTION EXHIBIT C BICYCLE AND PEDESTRIAN MASTER PLAN EXHIBIT D MAP SHOWNING AMENDMENT AREA PER ORD. 09-61 EXHIBIT E TYPICAL PATIO OR ZERO LOT LINE SETBACK DETAIL PER ORD 09-61 EXHBIT F LIST OF DEVIATIONS PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13113 Page 2 of 46 STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Barron Collier Company, Ltd., its successors and assigns (the Developer), to create a Planned Unit Development (PUD) on 1,928± acres of land located in Sections 26, 34, and 35, Township 50 South, Range 26 East, and Sections 2 and 3 Township 51 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Winding Cypress. The development of Winding Cypress 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 there under 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 Fringe Subdistrict as identified on the Future Land Use Map as required in Objective 1, of the Future Land Use Element (FLUE). The purpose of the Urban Residential Fringe Subdistrict is to provide transitional density of 1.5 dwelling units per acres, between permitted higher density areas to the west (four units per acre base density) and the agricultural/rural areas to the east(one unit per five acres). 2. The Growth Management Plan qualifies the subject property for a maximum density of 1.5 units per acre, and the Project is planned for a maximum density of-1-2-1.4 units per acre, subject to the condition that the proposed development shall be fully responsible for all necessary water management improvements, including the routing of all on-site and appropriate off-site water through the project's water management system, and a fair share cost of necessary improvements to the CR 951 canal out-fall system made necessary by new development in the area. 3. The commercial uses within the Village Center District are consistent with the PUD Neighborhood Village Center Subdistrict of the FLUE. 4. Winding Cypress is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 5. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 6. The development of Winding Cypress will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the FLUE. 7. Winding Cypress is a large scale functionally interrelated community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code(LDC) Planned Unit Development District. SHORT TITLE This Ordinance shall be known and cited as the"WINDING CYPRESS PLANNED UNIT DEVELOPMENT ORDINANCE." PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 3 of 46 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP,AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of Winding Cypress, and to describe the existing conditions of the property proposed to be developed. 1.2 LEGAL DESCRIPTION The legal description of the Winding Cypress Planned Unit Development property is attached hereto and incorporated by reference herein as Exhibit "B." 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership of Barron Collier Company-Ltd., a Florida General Limited Partnership; and Barron Collier Investment Ltd., whose addresses areis 2600 Golden Gate Parkway, Suite 200, Naples, FL 34105; DiVosta Homes, LP, whose address is 24311 Walden Center Drive, Suite 300, Bonita Springs, FL 34134, and individual property owners within the DiVosta VeronaWalk Community. Detailed ownership information is provided on the Winding Cypress PUD Amendment Application. 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Sections 26, 34, and 35, Township 50 South, Range 26 East, and Sections 2 and 3 Township 51 South, Range 26 East, and is generally bordered on the west by the C.R. 951 canal, the Florida Water Services borrow pit lakes, C.R. 951, and Lely, A Resort Community PUD; on the north by Sabal Palm Road, a plant nursery, and single family residences; on the east by Agriculturally zoned and unplatted property, the Picayune State Forest, and Naples Reserve Golf Club PUD; and on the south, the U.S. 41 canal, U.S. 41, agriculturally zoned property, Greystone Trailer Park, San Marco Catholic Mission, and a small convenience commercial store. The location of the site is shown on Map A of the Winding Cypress Application for Development Approval. B. The zoning classification of the subject property at the time of the original PUD application was"A" (Rural Agricultural). C. Elevations within the site are approximately 12.0 feet NGVD and a minimum elevation of approximately 4.0 feet NGVD. The site is located in Zone X for the northern half of the project and AE-7 for the southern half of the project (FEMA FIRM Map Panels No. 120067-061D and 120067-0620D, dated June 3, 1986). Topographic mapping is shown on Map C of the Winding Cypress Application for Development Approval. D. Previous and existing activities on site are primarily related to agriculture and hunting. The site has been, and is currently used, for cattle grazing and has active hunting leases in place. PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 4 of 46 E. The soil types on the site generally include Holopaw fine sand, Malabar fine sand, Oldsmar fine sand limestone substratum, Pineda fine sand limestone substratum, and Boca fine sand. Soil Conservation Service mapping of soil types is shown on Map E of the Winding Cypress Application for Development Approval. F. Prior to development, vegetation on site primarily consists of upland, wetland, and exotic species. Detailed vegetation mapping is shown on Map F of the Winding Cypress Application for Development Approval. G. The project site is located within the Henderson Creek sub-basin, as depicted within the Collier County Drainage Atlas (May, 1996). The Stormwater Management Master Plan is shown on Map I of the Winding Cypress Application for Development Approval. 1.5 DEVELOPMENT OF REGIONAL IMPACT Due to its scope, Winding Cypress has been reviewed and approved by Collier County pursuant to Section 380.06, Florida Statutes, as a Development of Regional Impact(DRI). 1.6 DENSITY Winding Cypress is to be developed on 1,928± acres in southeastern Collier County. The number of dwelling units proposed to be constructed is 2,300 2,854 units. The gross project density,therefore, will be a maximum of 4,2 1.4 units per acre. PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 5 of 46 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Winding Cypress, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. Winding Cypress, a master planned community, will include a range of single family and multi-family housing and recreation golf related amenities, along with a Village Center, which will provide many services and facilities that support its residents, including, but not limited to club facilities, community meeting rooms, small scale neighborhood commercial goods and services, and a recreation center. B. The Master Plan is illustrated graphically on Exhibit "A" (WMB8.P, Inc. File No. E 0506 22). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of ' _ •-• •_- __e_. "e•• - -et _ - • • -e.- ••-• _ _ •- ••- _ •- Plat approval, in accordance with Section 3.2.7.2, of-the LDC. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Winding Cypress shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC and Collier County Growth Management Plan which are in effect at the time of issuance of any development order, to which said regulations relate which authorizes the construction of improvements, such as but not limited to, Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC, that is otherwise applicable, 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 LDC in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to Division 3.15, Chapter 6.02.00 Adequate Public Facilities Code of the Collier County Land Development Code. D. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable sections of the Land Development Code remain in effect with respect to the development of the land which comprises this PUD. PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 6 of 46 E. All conditions imposed herein are part of the regulations which govern the manner in which the land may be developed. F. Chapter 10.02.04, Requirements For Plats, of the LDC shall apply to Winding Cypress, except where an exemption is set forth herein, or otherwise granted pursuant to LDC Scction 3.2.1 G. Division 3.3Chapter 10.02.03., Site Development Plans, of the LDC shall apply to Winding Cypress, except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 3.3.1 2.4 COMMUNITY DEVELOPMENT DISTRICT A. The Developer may elect to petition to establish a Community Development District (CDD) to provide and maintain infrastructure and community facilities needed to serve the Project. The CDD will constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed Development. Such infrastructure, as will be constructed, managed and financed by such a CDD, shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of Winding Cypress. B. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041, Florida Statutes. Such a district is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval. C. The area of land which will be within a CDD is of sufficient size, is sufficiently compact and is sufficiently contiguous to be developed as one functional inter- related community, and is amenable to separate special district government. Establishment of a CDD is not inconsistent with the Collier County Growth Management Plan. There will not be any incompatibility between systems, facilities and services that may be provided by a CDD and similar systems, facilities and services which may, as of the time of Planned Unit Development zoning approval, be provided by a local or regional governmental entity (both as to capacity and use). A CDD is a legitimate alternative method available for use by private and public sectors under state law to manage and finance basic systems, facilities and services for community development. Any developer obligation in the development order or Planned Unit Development zoning documents may be undertaken alternatively by a CDD if related to the special powers of the CDD. PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 7 of 46 2.5 ROADWAYS Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or _. _ _ _. _ • - ••• _ __._ •_ * _ .__ _ . The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2Chapter 10.02.04. of the LDC. The Developer retains the right to establish gates, guardhouses, other access controls, signs and monuments (per Section 2.18 of this document) as may be deemed appropriate by the Developer on all privately owned and maintained project roadways. A. Roadways within Winding Cypress shall be designed and constructed in accordance with Section 3.2.8.1.16Chapter 6.06.01. of the LDC with the following substitutions: 1. LDC Section 3.2.8.1.16.5.Chapter 6.06.01.0. - Street right-of-way width: The minimum right-of-way width to be utilized for a local street within Winding Cypress shall be forty(40)feet. 2. LDC Section 3.2.8.4.16.8.Chapter 6.06.01. - Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. Fire access lanes shall comply with applicable federal, state and/or local codes in effect at the time of final site development plan approval. 3. LDC Section 3.2.8.4.16.10.Chapter 6.06.01. - Reverse Curves: Tangents shall not be required between reverse curves on any project streets. 4. LDC Section 3.2.8.416.6.Chapter 6.06.01.- Maximum cul-de-sac length shall be 2,700 feet. When islands are to be installed within a cul-de-sac, an inside edge of pavement with a radius of no greater than twenty (20) feet shall be required. Cul-de-sacs shall comply with applicable federal, state and/or local codes in effect at the time of final site development plan approval. B. It is the intent of the developer to create a safe, convenient and attractive pedestrian circulation system throughout Winding Cypress. To enable the design of this system to respond to site specific conditions such as the retention of native vegetation and master plan features, and to avoid the construction of sidewalks which serve no function, flexibility is needed beyond that provided by the LDC. Therefore, sidewalks and bike paths shall conform with Exhbit C, The Bicycle and Pedestrian Master Plan.Section 3.2.8.3.17.Chapter 6.06.02. of the LDC oxcopt fellows B. 1. LDC Section 3.2.8.3.17.2.Chaptcr 6.06.02.A.2. The Winding Cypress primary a minimum eight foot (8') wide pathway on at least one side of the street that will PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 8 of 46 appropriate locations to serve the pods on the side of the road—epposita the pathway. The Winding Cypress primary road system in Tract A shall be considered a minor collector street and shall have a minimum five foot (5') wide concrete sidewalk/bikepath on one side of all streets. An internal pedestrian walkway system along the interior lake system of Tract A shall be provided and 2. LDC Section 3.2.8.3.17.3.Chapter 6.06.02.A.3. Internal local streets other than 3. LDC Section 3.2.8.3.17.3.Chapter 6.06.02.A.3. Cul de sacs shall not be required a) the right of way section shall include two twelve foot (12') wide travel lanes, with (2) units per acre. 2.6 LAKE SETBACK AND EXCAVATION A. An excavation permit will be required for the proposed lakes in accordance with Division 3.5 Chapter 3.05.10 of the LDC and SFWMD Rules and Ordinance no. 04-55. The minimum lake setbacks from lakes to roadways shall be 20 feet from the back of the curb to the edge of water. The minimum lake setback from lakes to the Project boundary shall be 20 feet to the edge of the water. B. Upon receipt of a development excavation permit, all lakes greater than one (1) acre may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1Chapter 3.05.10. of the LDC, and Ordinance 04-55; however, removal of offsite fill and rock from Winding Cypress shall be administratively permitted in an amount up to 10 percent per lake (20,000 cubic yards maximum), unless a commercial excavation permit is issued. C. Commercial excavation and offsite hauling of up to 500,000 cubic yards of rock and fill materials shall be a permitted use within this PUD subject to the receipt of a commercial excavation permit which shall be administratively processed by the Planning Services Director. 2.7 USE OF RIGHTS-OF-WAY Utilization of lands within all internal project rights-of-way for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by the Developer and the designated Collier County staff Planning Services Director for PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 9 of 46 engineering and safety considerations during the development review process and prior to any installations. 2.8 MODEL HOMES/SALES CENTERS/CONSTRUCTION OFFICES Model homes, sales centers, sales offices, construction offices, and other uses and structures related to the promotion and sale of real estate including, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout Winding Cypress. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of 3.2.6.3.6 the LDC, with the exception that six(6)wet or dry models for each of Tract A and Tract B (total of twelve (12) models) shall be allowed within the project's sales center areas, and the temporary use permit shall be valid through the buildout of the project with no extension of the temporary use required. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 64E-6, and may use potable or irrigation wells. Offices located in permanent structures shall be required to connect to the central utility system at the time it becomes available. 2.9 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5 the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. The designated Collier County staffPlanning Services Director shall be authorized to approve minor changes and refinements to the Winding Cypress Master Plan upon written request of the Developer. A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Winding Cypress PUD document. 2. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1 the LDC. 3. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. B. The following shall be deemed minor changes or refinements: 1. Reconfiguration of lakes, ponds, canals, or other water management facilities, where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Internal realignment of rights-of-ways, other than a relocation of access points to the PUD itself, where water management facilities preservation PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 10 of 46 areas, or required easements are not adversely affected or otherwise provided for. 3. Reconfiguration of parcels and golf course where preservation areas are not adversely affected. 4. Changes due to SFWMD, U.S. Army Corps of Engineers, or other environmental permitting agencies. C. Minor changes and refinements as described above shall be reviewed by designated Collier County Sstaff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Planning Scrviccs Director'&administrative consideration for approval. D. Approval by the Planning Services Director designated Collier County staff of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval; however, such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.10 COMMON AREA MAINTENANCE Most common area maintenance will be provided by a CDD or a property owners' association, or a governmental agency. A CDD is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of a County development approval. For those areas not maintained by a CDD, the Developer shall create a property owners' association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. A CDD or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water management systems and preserves serving Winding Cypress, in accordance with the provisions of Collier County Ordinance No. 90-48 and Resolution No. 90-292, together with any applicable permits from the South Florida Water Management District. 2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Winding Cypress. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 3:1 2. Ground covered berms 2:1 3. Rip-Rap berms 1:1 with geotextile mat 4. Structural walled and stacked rock berms-vertical B. Fence or wall maximum height: Ten feet(10'), as measured from the finished floor elevation of the nearest residential structure within the development. If a fence or wall is constructed on a landscaped berm which includes materials to minimize the PUDA-PL20120002855,Winding Cypress PUD Amendment 12113/13 Page 11 of 46 visual impact of the wall, the wall height shall be measured from the top of berm elevation and shall not exceed eight feet (8') in height. C. Upon submission of a typical cross-section, aerial, plan view, landscape plan and vegetation removal permit application, designated Collier County staffthe-Plate Services Director may approve landscape buffers, berms, fences and walls to be constructed along the perimeter of the Winding Cypress PUD boundary prior to - - •• - --es" ' • e - -•- site development plan submittal. Subsequent to construction, all such areas must be included in an easement or tract on final plats, or identified in a separate recorded instrument. D. Fences or walls may be placed zero feet (0') from internal rights-of-way, provided that shrubs are provided in the rights-of-way, pursuant to Section 2.7 of this PUD Document, and may be located five feet (5') from project perimeter, and two feet (2')from a preserve area. E. Fences and walls which are an integral part of security and access control structures, such as gate houses and control gates, shall be subject to the height limitations for principal residential structures. In the case of access control structures within rights-of-way adjoining two or more different districts, the more restrictive height standard shall apply. F. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, signs and utilities are permitted in landscape buffers/easements. G. Landscape berms located within the Winding Cypress PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located on the property line or within a right-of-way when approved by the applicable owner or agency. H. Internal recreational and community facilities do not require perimeter buffers. 2.12 CLEARING AND FILL STORAGE Fill storage is generally permitted as a principal use throughout Winding Cypress. Fill material may be transported and stockpiled within areas which have been disturbed (farmed) or are shown as development areas on an approved Preliminary a Subdivision Plat. Prior to stockpiling in these locations, the Developer shall provide written notification to the designated Collier County staff.Planning Services Director. In Tract B, residential -- - - --- -• --• -- - - -• - - - '_ -- •-• - .•. _. • - - ••• to clear and fill the developable areas including water-management areas, road rights ach phase encompassing approximately twenty five percent (25%) of the total total developable area. Prior to County approval to clear and fill, the developer shall The developer will not be permitted to clear and fill a subsequent phase until the PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 12 of 46 record. The clearing and filling of the model center area, the main project entrance, the will be permitted separate from the four phases as shown on the PSP, and are subject to the approval of a site development plan (SDP). The following standards shall apply for all stockpiling on-site: A. Stockpile maximum height: forty-five feet (45') B. Stockpile maximum slide slopes: 2:1 C. Stockpiles areas in excess of ten feet(10') in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1). D. Soil erosion control shall be provided in accordance with LDC, Division 3.7. E. This section (Section 2.12) substitutes for the LDC section 3.2.8.3.6(b)Chapter 4.06.04. _ . � _ . . 2442.13 AGRICULTURAL ACTIVITIES The site is currently undeveloped or used for cattle grazing purposes, and associated and accessory uses thereto. These existing agricultural uses shall be permitted to continue throughout the project site and will be phased out as development occurs within individual parcels. 2.152.14 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Winding Cypress PUD except in the Preserve Areas, unless specifically permitted in Section VI of this PUD Document. General permitted uses are those uses which generally serve the residents of Winding Cypress and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under LDC, 2. Water management facilities and related structures. 3. Septic system for remote golf shelters. PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 13 of 46 4.3. Lakes, including lakes with bulkheads or other architectural or structural bank treatments. 5.4. Guardhouses, gatehouses, and access control structures. 6.5. Community and neighborhood parks, trails and recreational facilities. 7.6. Temporary construction, sales, and administrative offices for the Developer and authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8.7. Landscape/hardscape features including, but not limited to, landscape buffers, berms, fences, water features and walls subject to the standards set forth in Section 2.11 of this PUD. P.8. Fill storage, site filling and grading are subject to the standards set forth in Section 2.12 of this PUD, except within Preserve areas. -1-0.9. Any other use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the Land Development Code at the time of the request for such use_ B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to principal structures: 1. Guardhouses, gatehouses, signage and landscape features, and access control structures shall have no required setback. 2. Setback from property lines: Front: ten feet(10') Side: five feet(5') Rear: ten feet(10') 3. Minimum distance between structures which are part of an architecturally unified grouping -five feet(5'). 4. Minimum distance between unrelated structures-ten feet (10'). 5. Maximum height of structures-thirty-five feet(35'). 6. Minimum floor area- None required. 7. Minimum lot or parcel area- None required. 8. Sidewalks and bikepaths may occur within County required buffers, however, the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath or cartpath. PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 14 of 46 9. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within Winding Cypress development standards, are to be in accordance with the LDC provision in effect at the time this PUD is approved. 2462.15 OPEN SPACE REQUIREMENTS The PUD Master Plan identifies approximately 840796 acres in the wetland/upland preservation and enhancement areas which includes all agency-required buffers. In addition, there are lakes, recreation, buffer and open spaces areas. These areas, in conjunction with open space areas included within the Residential District, fully satisfy the open space requirements of Section 2.6.32Chapter 4.02.01 of the LDC for mixed use development. All acreages identified on the master plan are conceptual, and the Developer reserves the right to modify the land use boundaries, so long as the requirements of Section 2.6.32Chapter 4.02.01. of the LDC are met. This is not to be construed to enable the reduction of any area which was specifically set aside in the application for development approval for preservation, pursuant Chapter 380.06, Florida Statutes. 2472.16 NATIVE VEGETATION RETENTION REQUIREMENTS The 8407-96±wetland/upland preservation and enhancement areas on site fully satisfy the requirements of Section 3.9.5.5.3Chapter 3.05.04. through Chapter 3.05.07. of the Collier County Land Development Code. 2482.17 SIGNAGE A. GENERAL 1. All Collier County sign regulations in force at the time of approval shall apply unless such regulations are in conflict with the conditions set forth in this section, in which case the PUD Document shall govern. 2. For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. 3. Should any of the signs be requested to be placed within a County dedicated right-of-way, a right-of-way permit must be applied for and approved, except for signage pertaining to and/or facilitating traffic movements. 4. All signs shall be located so as not to cause sight line obstructions. 5. All internal project rights-of-way may be utilized for decorative landscaped entrance features and signage, subject to review and approval from the Planning Services Department for consistency with the requirements set forth herein and applicable provisions of the LDC. PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 15 of 46 6. Signs may be allowed in landscape buffers/easements. 7. Entrance and boundary markers may be placed prior to subdivision approval, provided a building permit for the markers is obtained prior to placement. B. BOUNDARY MARKERS 1. One boundary marker or monument may be located at the northwest, southwest, and southeast property corners. The boundary marker may contain the name of the community, and the insignia or motto of the Development. 2. The sign face area may not exceed 60 square feet and may not exceed the height or length of the monument upon which it is located. If the sign is two-sided, each sign face may not exceed 60 square feet in area. 3. Sign face area is calculated by total square footage of name, insignia, and motto only. 4. The setback for the signs from C.R. 951 and U.S. 41 rights-of-way and any perimeter property line shall be 5 feet. 5. Boundary marker signage shall be ground mounted and the sign structure is limited to a maximum height of eight feet(8'). C. PROJECT ENTRANCE SIGNS 1. One ground or wall-mounted entrance sign may be located on both sides of each entrance right-of-way and in the entry median. Such signs may contain the name of the subdivision, and the insignia or motto of the Development. 2. No sign face area may exceed 2801-80 square feet and the total sign face area of Entrance Signs may not exceed 200 400 square feet. The square foot calculation does not include aesthetic appurtenances, such as walls, wrought iron fence, and other decorative elements. If the sign is a single, two-sided sign, each sign face may not extend beyond 280400 square feet in area. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. 3. The setback for the signs from C.R. 951 and U.S. 41 rights-of-way and any perimeter property line shall be 5 feet. 4. Entrance sign script may not exceed a height of 15 feet and the total sign shall not exceed a height of 20 feet above the lowest centerline grade of the nearest public or private right-of-way or easement to the uppermost part of the sign structure. For the purpose of this provision, finished grade shall be considered to be no greater than the highest crown elevation of the nearest road. PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 16 of 46 D. INTERNAL SIGNS 1. Residential and community facilities entrance signs may be located on both sides of the neighborhood entrance street and within the entry median. Setbacks from internal road rights-of-way shall be no less than 5 feet. Such signs may be used to identify the location of neighborhoods, club house, recreational areas and other features within Winding Cypress. Individual signs may be a maximum of 64 square feet per sign face area. Such sign script may have a maximum height of 8 feet. No building permit is required. 2. Directional or identification signs may be allowed internal to the subdivision. Such signs may be used to identify the location or direction of approved uses such as sales centers, model centers, recreational uses, information centers, or the individual components of the development. Individual signs may be a maximum of 4 square feet per side or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 24 square feet per side and a maximum height of 8 feet. 3. Real estate signs with a maximum size of 4 square feet per side in residential districts. Such signs may advertise "For Sale," "Sold To," and/or"Lot#." No building permit is required. 4. Special Event signs not exceeding 32 square feet per side in size may be displayed to announce or advertise such temporary uses as open houses, community fairs or programs or any charitable, educational event. Such sign shall be located no closer than 15 feet to any property line. No building permit is required. 5. Grand Opening signs: The developer may display an on-site grand opening sign not exceeding 32 square feet on a side, and not exceeding 64 square feet total. The banner sign shall be anchored and may be displayed on-site for a period not exceeding 14 days within the first three months that the occupant is open for business. E. TRAFFIC SIGNS 1. Traffic signs, such as street signs, stop signs, and speed limit signs, may be designed to reflect a common architectural theme. The placement and size of the signs shall be in accordance with FDOT criteria. F. TEMPORARY SIGNS 1. Temporary signs may be permitted, and may consist of the following types: project identification and directional (internal and external); real estate and sales center identification (internal only). PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 17 of 46 2. Each sign may not exceed 80 square feet in area. If the sign is two- sided, each sign face may not exceed 80 square feet in area. 3. The setback for temporary signs from U.S. 41 and C.R. 951 rights-of- way, and any perimeter property line shall be 10 feet. 4. Temporary signs may not exceed 15 feet in height above the lowest centerline grade of the nearest public or private right-of-way or easement to the uppermost part of the sign structure. 5. Temporary signs may remain in place simultaneously with permanent signage until the project reaches 75% build-out. 6. Temporary signs may be permitted subject to the requirements outlined above. The erection of any temporary sign shall require permitting as established within section 2.5.12Chapter 10.02.06. of the LDC. G. CONSTRUCTION ENTRANCE SIGNS 1. One sign, with a maximum of 20 square feet in size, may be located at each construction entrance, to identify the entrance as such. No building permit is required. 2. Employment signs with a maximum of 20 square feet in size, may be located at each construction entrance, to advertise for construction trades. No building permit is required. H. COMMERCIAL SIGNS 1. Wall, mansard, canopy or awning signs: One wall, mansard, canopy or awning sign may be permitted for each single-occupancy parcel, or for each establishment in a multiple-occupancy parcel. Corner units within multiple-occupancy parcels, or multi-frontage single-occupancy parcels shall be allowed one sign per street frontage, but such signs shall not be combined for the purpose of placing the combined area on one wall. In addition, outparcels within the Town Center may be allowed one additional wall sign facing the Town Center if the additional sign is not visible from any road right-of-way. However, the combined area of those signs shall not exceed the maximum allowable display area for signs by this ordinance. a) The maximum allowable display area for signs may not be more than 20 percent of the total square footage of the wall of the building to which the sign will be attached. 2. Pole signs: Two (2) pole signs are permitted for each internal street, provided there is a 500 foot separation between such signs. a) Maximum allowable sign area: 100 square feet per side, if two- sided PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 18 of 46 b) Maximum allowable height: 20 feet c) Setbacks: 10 feet from any right-of-way or property line d) Spot or floodlights may be permitted provided said light shines only on the signs and is shielded from motorists and adjacent residents. 3. Projecting signs: Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. a) Projecting signs shall not project more than four feet from the building wall to which it is attached. b) Projecting signs shall not extend above the roofline of the building to which it is attached. c) Projecting signs shall not project into the right-of-way. d) Projecting signs which project over any pedestrian way shall be elevated to a minimum height of 8 feet above such pedestrian way. 4. Under-canopy signs: In addition to any other sign allowed by this ordinance, one under-canopy sign may be allowed for each establishment in the Town Center. This sign may not exceed 6 square feet in area and shall be a minimum of eight feet above finished grade. PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 19 of 46 SECTION III RESIDENTIAL DISTRICT(TRACT A AND TRACT B) 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Winding Cypress designated on the Master Plan as "R," and located in Tract A and Tract B. 3.2 MAXIMUM DWELLING UNITS A maximum number of 2,3300 2,854 single family and multifamily residential dwelling units may be constructed on lands designated "R." 3.3 GENERAL DESCRIPTION The Residential District is designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" District is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan _-._ . e• - - __. e _ in accordance with Division 3.3, and Division 3.2, respectively, of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, recreational facilities and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses in Tract A and Tract B: 1. Single Family Detached Dwellings 2. Single Family Patio and Zero Lot Line Dwellings 3. Single Family Attached, Duplex, and Townhouse Dwellings 4. Multi-Family Dwellings including Garden Apartments 5. Assisted Living Facilities/Congregate Care 6. Maintenance Facilities 7. Model Homes, Sales Centers, including administrative offices and construction offices PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 20 of 46 8. Any other principal use, which is comparable in nature with the forgoing uses, and is approved through the process set forth in the Land Development Code at the time of the request for such use. B. Accessory Uses and Structures in Tracts A and B: 1. Guest houses. 2. Accessory uses and structures customarily associated with principal uses permitted in this District, including neighborhood community recreational facilities. 3. Any other accessory use, which is comparable in nature with the forgoing uses, and is approved through the process set forth in the Land Development Code at the time of the request for such use. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the "R" District, Tract A and Tract B. B. Table II sets for the development standards for land uses within the "R" District, Tract B. GB. Site development standards for single family attached and detached, patio, zero lot line, two-family, and townhouse uses apply to individual residential lot boundaries. Multi-family standards apply to platted parcel boundaries. 13 C. Standards for parking, landscaping, signs and other land uses, where such standards are not specified herein or within adopted Winding Cypress design guidelines and standards, are to be in accordance with the LDC in effect at the time of Site Development Plan approva - - •••• ---- -• - --- - - Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. €D. Development standards for uses not specifically set forth in Table I and Table II shall be established during Site Development Plan Approval as set forth in Article 3, Division 3.3.of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. Required property development regulations may be approved that are different than those set forth in Table I and Table II, subject to the requirements of Section 2.6.27 of-the LDC. Fr.F. The Collier County Public Works Division shall allow the installation of potable water and irrigation water service connections to distribution mains during construction of the single family subdivision utilities. The installation will be scheduled upon application and payment of fees by the property owner, its successors and/or assigns. The installation will be in accordance with the approved plans and specifications, current policies and procedures, and performed PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 21 of 46 by the Developer's contractor. The contractor must be approved for the installation by the Collier County Public Works Division. Fees will be determined in accordance with the impact fee ordinance in effect at the time of application. -+G. Assisted living facilities/congregate care facilities are limited to a Floor Area Ratio (FAR) of 0.45. For the purpose of calculating density when assisted living facilities/congregate care facilities are developed, each such facility's dwelling unit shall be considered to be equal to .33 residential dwelling units. A maximum of 100 residential units may be converted to assisted living facilities/congregate care facilities. PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 22 of 46 TABLE I WINDING CYPRESS DEVELOPMENT STANDARDS FOR"R"RESIDENTIAL AREAS-TRACT A and TRACT B SINGLE PATIO-8& TWO SINGLE FAMILY MULTI- FAMILY ZERO LOT FAMILY& ATTACHED & FAMILY- DETACHED LINE DUPLEX TOWN HOUSE Minimum Site Area 2,800 SF 2,800 SF 3,500 SF 2,200 SF 12,000 SF Minimum 35' 35' 35' 20' 100' Site Width _ — Minimum 65' 65' 100' 40' 90' Site Depth Minimum Front Yard Setback 15'•' 15'e' 15'.1 15''4 15'*4 (Principal and Accessory) Minimum Rear Yard Setback 10' 10' 10' 10' 20' (Principal) Minimum Side Yard Setback 5' *5 5' 5' 7.5' (Principal)-.2 Minimum Side Yard Setback 5' *5 5' 5'*5 5' (Accessory)- Minimum Rear Yard Setback 5' 5' 5' 5'7 10' (Accessory) Maximum Height ° 35' 35' 35' 50' 50' Distance Between N/A N/A N/A 10' 15' Principal Structures Minimum Floor Area 900 SF 900 SF 900 SF 750 SF 750 SF�'-0 General Notes: For any lot or parcel which is served by both a street and an alley,the lot line adjacent to the alley shall be treated as a rear lot line,and the setback shall be measured from the edge of pavement.The alley easement shall be a minimum of 20'wide,with 10' pavement. Common architectural features such archways,arbors,and courtyard entry features shall be exempt from the minimum yard requirements listed above. Minimum lot areas for any unit type may be exceeded. The unit type,and not the minimum lot area,shall define the development standards to be applied by the Customer Services Department during an application for a building permit. For all patio or zero lot line units,a conceptual exhibit showing typical building configuration shall be submitted to Customer Services Department with the application for the first building permit.The conceptual exhibit may be modified as needed. All distances are in feet unless otherwise noted. With approval from the Developer,front yards shall be measured as follows: A. If the parcel is served by a public right-of-way,setback is measured from the adjacent right-of-way line. Sidewalks shall be located in the right-of-way. B. If the parcel is served by a private road,setback is measured from the back of curb(if curbed)or edge of pavement(if not curbed). *1 This setback shall be reduced to 10'for side entry garages,front porches,and combination front porch/front entry garages. *2 The side corner setback shall be the same as the required front principal structure setback. *3 Height shall be measured from the first habitable finished floor elevation of the unit. *4 Setback to be measured from edge of pavement or back of curb,whichever is applicable,of road that serves the unit. *5 Side yard setback shall be either 0'on one side and 10'on the other,or 3'-1"on one side and 6'-11"on the other. For those structures to be constructed within the hatched area of Tract A as depicted on the-fallowing--graphisExhibit C,side yard setback shall be either 0'on PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 23 of 46 one side and 10'on the other, or a minimum of 3'-1"as long as the total distance between structures is a minimum of 10 feet-as depicted on Exhibit D. *6 Accessory Pool Enclosure/screen lanai setback may be reduced to 0'when attached to privacy wall. *7 Accessory Pool Enclosure/screen lanai setback from Lake Maintenance Easement may be reduced to 0'provided architectural bank treatment is incorporated *8 A Patio Home is a detached or semi-detached unit for a single family with one(1)dwelling unit from ground to roof wherein each dwelling unit lot is enclosed by a wall located at the lot line,thus creating a private yard between the house and the wall *9.-Multi-family shall include multi-family units as defined in Collier County LDC and assisted living facilities/congregate care facilities. *10.-Floor area minimum(SF)is not applicable to assisted living facilities/congregate care facilities. PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 24 of 46 TABLE II SINGLE PATIO4'-6-&- TWO FAMILY& SINGLE FAMILY MULTI FAMILY FAMILY ZERO LOT DURLEX ATTACHED AND DWELLINGS DETACHED NNE TOWNHOUSE 7-,500-670-00:W 5000- 3,500-SF 3,000-SF NA 41 7-555 50 35 30 NA Minimum Front Yard 20 20 20 20 20 Accessory) Minimum Front Yard for Sidc Entry Garage 42 1-2 4-2 12 42 Setback (Principal) 4-0 5 1-0 4-0 .5 BH Setback (Accessory) 5 5 5 5 4-0 • • - _ - _ -7--5 0 or 5"" 0 or 7.5 0-er-5-B4=1 .5 SBH -4-0- 35 65 35 65 Floor Area Minimum(SF) 1500 SF 1200 SF 1200 SF 1200 SF 1000 SF"-' 45 40 0 or 15 .-SBH .5 SBH B. _.. -- - .....•...., PUDA-PL20120002855.Winding Cypress PUD Amendment 12/13/13 Page 25 of 46 SECTION IV VILLAGE CENTER DISTRICT 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Winding Cypress designated on the Master Plan as "VC." 4.2 MAXIMUM SQUARE FOOTAGE The Village Center area designated for small scale retail, offices and service facilities shall not exceed 15 acres and shall not exceed a FAR of 0.25. These uses may be combined with recreational facilities, other amenities, internal roadways, open space and water management facilities for a total of 17 acres. A maximum of 3008---50,000 square feet of gross floor area, including retail, office, service and recreational uses may be constructed on lands designated "VC." 4.3 GENERAL DESCRIPTION The approximate acreage of the Village Center District is indicated on the Master Plan. The Village Center portion of this District shall be consistent with the requirements of the Growth Management Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan - .•-••_• _.et... e• - - -et e . - in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Village Center tracts areis designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses. The Village Center within Tract B shall be located within a 5,000 foot radius of 80% of the residents within Tract B. Bicycle and pedestrian facilities throughout the community will be designed to create a pedestrian friendly environment. See Exhibit F List of Deviations. 4.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Accounting, Auditing and Bookkeeping Services (Group 8721). 2. Automatic Teller Machines (Group 3578). 3. Amusements and Recreation Services - Indoor (Groups 7911-7929, 7991, 7993, 7997). 4. Apparel and Accessory Stores (Groups 5611-5699). 5. Gasoline Service Stations (Group 5541), no repairs. 6. Automotive Carwashes(Group 7542), except bus and truck washing. 7. Business Services (Groups 7334, 7349). 8. Eating and Drinking Places (Groups 5812-5813) except drive-through. PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 26 of 46 9. Food Stores (Groups 5411-5499). 10. General Merchandise Stores (Groups 5331-5399). 11. Miscellaneous Retail (Groups 5912-5963, 5992-5999). 12. Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry cleaning only, 7217, 7219-7251, 7291-7299). 13. Real Estate(Groups 6512, 6531, 6541). 14. Recreation Services(Group 7911) 15. Residential uses as set forth in Section 3.4 of this document including residential units integral to Town Center structure(s) and as free-standing uses. Free-standing residential uses shall comply with the development standards set forth in Section 3.5. 16. Travel Agencies (Groups 4724 and 4725) 17. United States Postal Service (Group 4311 except major distribution center). 18. Video Tape Rental (Group 7841). 19. Recreation maintenance facilities. 20. All uses herein allowed in Section V, Recreational Districts and Aany other principal use, which is comparable in nature with the forgoing uses, and is approved through the process set forth in the Land Development Code at the time of the request for such use. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this District. 2. Customary accessory uses include, but are not limited to, recreational facilities that serve as an integral part of the permitted uses, such as pool, tennis facilities, parks, playgrounds and playfields, fitness centers, meeting rooms. 3. Any other accessory use, which is comparable in nature with the forgoing uses, and is approved through the process set forth in the Land Development Code at the time of the request for such use. 4.5 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Twenty-five feet (25') minimum or one-half the building height, whichever is greater. 2. Side Yard: Fifteen feet(15'). 3. Rear Yard: Fifteen feet(15'). 4. Any yard abutting a residential parcel: Twenty-five feet(25'). 5. Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design. B. Maximum height of structures - Fifty feet (50'); except clock towers or similar architectural features, which shall be permitted up to seventy-five feet(75'). PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 27 of 46 C. Minimum distance between principal structures - Fifteen feet (15') or separation required by local fire code. D. Minimum distance between principal and accessory structures-Ten feet(10'). E. Minimum floor area - Seven hundred (700) square feet gross floor area on the ground floor. F. Minimum lot or parcel area-Ten thousand (10,000) square feet. G. Minimum lot width- Seventy five feet(75'). H. Except for residential uses, parking for any and all uses and structures constructed in the Village Center District: one (1) space per 200 square feet of principal building area. Standards for landscaping and other land uses where such standards are not specified herein or within adopted Winding Cypress design guidelines and standards, are to be in accordance with LDC in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. J. Development standards for accessory uses and structures shall be as required by the LDC in effect at the time of at the time of Site Development Plan Approval. PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 28 of 46 SECTION V GOLF CLUB, GOLF COURSE, AND RECREATIONAL DISTRICTS 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Winding Cypress designated on the Master Plan as "G" "REC"-Recreational. 5.2 GENERAL DESCRIPTION Areas designated as "G," and "REC" on the Master Plan are designed to accommodate a full range of golf course and recreational and open space uses, as well as to provide lands for community-related ancillary uses and essential services. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Coif courses, golf clubhouses, golf facilities, maintenance facilities, driving temporary golf clubhouses. 2-1. Tennis clubs, health spas, equestrian clubs, aquatic centers, and other recreational clubs to serve residents. 3.2. Project information and sales centers. 4.3. Community --- __ --- • ••- • ••-•-• - •- , maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 5,4. Public administration facilities. € 5. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. 76. Shuffleboard courts, tennis courts, swimming pools, playgrounds, basketball courts, bocce ball areas, and all other types of facilities intended for outdoor recreation. 3-7. Any other principal use, which is comparable in nature with the forgoing uses, and is approved through the process set forth in the Land Development Code at the time of the request for such use. PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 29 of 46 B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the principal uses permitted in these Districts. -- , - .. .- - -- - - - -- , -- --• -- • , - -- - - snack bars, golf course maintenance. 32. Retail establishments accessory to the permitted uses of these Districts such as, but not limited to, golf, tennis, and recreational related sales. 43. Restaurants, cocktail lounges, and similar uses intended to serve club members and club guests. A. Telecommunications facilities. 6,5. Any other accessory use, which is comparable in nature with the forgoing uses, and is approved through the process set forth in the Land Development Code at the time of the request for such use. 5.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements for Principal Structures: 1. Front Yard: Twenty-five feet (25') minimum or one-half the building height, whichever is greater. 2. Side Yard: Fifteen feet(15'). 3. Rear Yard: Fifteen feet(15'). 4. Any yard abutting a residential parcel: Twenty-five feet(25'). 5. Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design. B. Minimum Yard Requirements for Accessory Structures: 1. Front Yard: Twenty feet (20') minimum or one-half the building height, whichever is greater. 2. Side Yard: Ten feet(10'). 3. Rear Yard: Ten feet(10'). 4. Any yard abutting a residential parcel: Twenty feet(20'). 5. Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design. C. Maximum height of structures- Fifty feet(50'). D. Minimum distance between principal structures - Fifteen feet (15') or separation required by local fire code, whichever is greater. E. Minimum distance between principal and accessory structures-Ten feet(10'). PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 30 of 46 F. Minimum floor area- None required. G. Minimum lot or parcel area- None required. H. Minimum distance between all other accessory structures-Ten feet(10'). Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area of principal structures,which shall be considered inclusive of required parking for golf course and all other recreational uses. J. Standards for parking, landscaping, signs and other land uses, where such standards are not specified herein or within adopted Winding Cypress design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 31 of 46 SECTION VI PRESERVE DISTRICT 6.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Winding Cypress designated on the Master Plan, as"P." 6.2 GENERAL DESCRIPTION Areas designated as Preservation Area on the Master Plan are designed to accommodate conservation interpretive/educational trails and permitted water management uses and functions. 6.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Passive recreational areas, boardwalks, wildlife observation platforms, ge# cart paths and nature trails (elevated and at grade), and gazebos. 2. Biking, hiking, nature and equestrian trails (excluding asphalt paved trails in wetlands). 3. Water management facilities as permitted by SFWMD. 4. Temporary construction access road as permitted by SFWMD needed to constructed Preserve District uses- 5. Utility or roadway crossings. 6. Fences and walls. 5. Constructed wading bird pools, as approved through proiect-specific SFWMD and U.S. Army Corps permits. • e ..' _ . . . . - . _ A. All structures shall be Get back a minimum of five feet (5') from the Preccrve PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 32 of 46 B. Maximum height of structures Twenty five feet(25'). C. Minimum distance between principal structures Ten feet(10'). D. Minimum distance between accessory structures Five feet(5'). E. Minimum floor area None required. F. Minimum lot or parcel area None required. G. Standards for parking, landscaping, lighting, signs, and other land uses, where Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 6:56A PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or platted tract, whichever is applicable, is required for preservation lands included in the Preservation DistrictArea. The Developer shall be responsible for the control and maintenance of lands within the Preservation DistrictArea. PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 33 of 46 SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7.1 PURPOSE The purpose of this Section is to set forth the general development commitments of the Developer within Winding Cypress. 7.2 GENERAL All facilities shall be constructed in accordance with the final site development plans, the final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except where specifically noted or otherwise set forth in this document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this Project, except as otherwise set forth herein. In addition, the Master Plan and the regulations of the PUD document, as adopted, along with any other specific conditions or stipulations as may be agreed to in the rezone hearing before the Board of County Commissioners, shall control and be applicable to development of the subject property. The Developer shall be bound by said documents, commitments, and stipulations. 7.3 MONITORING REPORT Section 2.7.3.6 Chapter 10.02.13.of the Collier County Land Development Code. One entity(hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Barron Collier Company. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 34 of 46 7.4 TRANSPORTATION A. The Developer shall provide a fair share contribution toward the capital cost of a traffic signal at the project entrances onto CR 951 (North-South) and US 41 (East- West) when deemed warranted by Collier County. The signal shall be owned, operated and maintained by Collier County. B. Connection permits shall be required for all temporary construction access points. Such permits shall require any necessary auxiliary lanes and apron paving to be constructed prior to the use of any temporary access point. C. Within 180 days of the County's written request, the Owner shall convey to the County a road easement for the road right of way needed for a section of Benfield Road up to a width of 140 feet free and clear of all liens and financial encumbrances. The road right of way shall be adjacent to the Picayune State Forest and shall be in the location identified on the PUD Master plan. The length of proposed 140' ROW reservation is approximately 6,000', extending approximately 830' north of the Hacienda Lakes PUD southern section line and approximately 650' south of the Picayune State Forest southern section line. The County acknowledges that the area in which the road reservation is located is designated preserve on the PUD Master Plan and is required to be a conservation area for purposes of the project obtaining required state and federal permits. The County has agreed to be responsible for all permitting and construction costs, including but not limited to noise mitigation, and mitigation costs associated with permitting and constructing Benfield Road. The Owner and Developer shall not be responsible to obtain or modify any state or federal permits related to the extension of Benfield Road. Upon recordation of the road easement in the public records of Collier County, the Owner shall be paid for the fair market value of the road easement. The Developer shall disclose (in writing) to all property buyers within 300' of the reserved 140' Benfield Road corridor of their proximity to the future roadway corridor. 7.5 WATER MANAGEMENT A. A South Florida Water Management District (SFWMD) Environmental Resource Permit will be required and obtained. 7-4---ENVIRONMENTAL A. The Collier County 'ST' overlay will be eliminated. A conservation qascmcnt will be final environmental permitting there may be adjustments to the proposed B. In order to avoid repetitive review of environmental issues in subsequent stages of -e_. ----- _ _- _ - .e: _ . _ -• El.S prifsttarit to Division 3.8, Section 3.8.3 PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 35 of 46 of the Collier County Land Development Code shall be deemed satisfied for all require County permits for or County approval of development or site alteration. If additional information or an EIS supplement. C. The Developer shall acquire SFWMD Environmental Resource and U.S. Army . •• .__ , ,,. •-• • - • E. The Preservation Areas incorporate wetlands as well as buffers. The Project will F. Location of gopher tortoise burrows and gopher tortoise relocation ar a(s) shall be Gopher Tortoises shall be relocated pursuant to Collier County LDC criteria. C. All conservation ar as shall be recorded as conservation/preservation tracts or plat, shall be dedicated to the Developer for the responsibility of the control and H. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for This PUD shall comply with the guidelines and recommendations of the U.S. Fish• -.. . . • ... . _ -. . .. - " - - _e - . •• • --e• -- - II- -- .. .• - •- - - - - - - - -- -- .. e e ■ -•••••e.__.•.. . - - - -• - _ • - - --- - - - - - - • - X7.6 UTILITIES A. Water distribution, sewage collection and transmission systems shall be e -- - - ---•.. •- . . •- • Se- . `: .5 - ' -•- -- - County utility easements shall be conveyed to Collier County, pursuant to Collier PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 36 of 46 e _ • •e. Section 2.5 of this Document. B. Upon completion of the utility facilities, they shall be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. C. All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section 2.5 of this document. D. Existing vegetation will be saved where possible; therefore, the County owned construction to save vegetation. The meander will be accomplished by deflecting the pipe or using fittings in accordance with the Collier County Utilities Ordinance. For horizontal adjustments over 12 inches from the original alignment, an as built survey of the utilities will be required and shown on the record-drawings. E. Landscaping and sidewalks will be allowed within the right of way/County utility easement (R.O.W./C.U.E.) and over the County owned potable water mains and anywhere within the R.O.W./C.U.E. For large vegetation and trees (palms and/or tap rooted trees), root guards will be installed to prevent roots from coming in contact with County owned potable water mains and forcemains. The aforementioned costs shall be the sole financial responsibility of the Developer. the construction plane. A. Mains and force mains shall not meander into the paved portion of the road rights-of-way but may cross beneath road rights-of-way at angles, where necessary, to emerge on the opposite side. During the final utility design deviations may be approved by the Collier County Utilities Department or the Hearing Examiner. For the County owned potable water mains and forcemains located within a 50 foot R.O.W./C.U.E. serving single family residential parcels, the potable water main will be located a minimum 7.5 feet off the back of curb (BOC) and the forcemain will be located a minimum 5 feet off the BOC. The minimum distance from the BOC to the right-of-way line will be 13 feet. 6 C. For the County owned potable water mains located within a 40 foot R.O.W/C.U.E. serving single family residential parcels, the potable water main will be located a minimum 5.0 feet off the back of curb. The minimum distance from the BOC to the right-of-way line will be 8 feet. 1=1-0. For the County owned potable water mains and forcemains located along the main roadway, the potable water main will be located a minimum 7.5 feet off the back of PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 37 of 46 curb (BOC) and the forcemain will be located a minimum 5 feet off the BOC. For the loop roadway section without a median, the minimum distance from the BOC to the right-of-way line will be 15 feet. For the main roadway section with a median, the minimum distance from the BOC to the right-of-way shall be 13 feet. E. Irrigation water will be provided with a separate non-Collier County owned distribution system supplied by on-site wells, reclaimed water and/or other non- potable sources. All irrigation water source permitting shall be coordinated with SFWMD. The irrigation water distribution main may be located within the right-of- way/County utility easement/public utility easement/drainage easement, as applicable, for the main roadway. The Collier County Public Works Department will not be responsible for the repair, replacement, and/or maintenance of said irrigation main nor shall the Collier County Public Works Department be responsible for any associated above-ground restoration. F. The Owner will provide a potable water stub out at the eastern most point of the project in order to loop the system with Naples Reserve at such time that both systems have been constructed to their respective connection point. G. The Owner will provide a 20' easement to Marco Island Utility, when needed. The approximate location is shown on the Winding Cypress Master Plan, Tract B. 7,47.7 ENGINEERING A. Design and construction of all improvements shall be subject to compliance with the designated provisions of the Collier County Land Development Code, Division 3.2 Chapters 4.03.00 and 10.02.04. B. Work within Collier County right-of-way shall meet the requirements of the Collier County Right-of-Way Ordinance No. 93-64. 7-97.8 POLLING PLACES A. Pursuant to Section 3.2.8.3.1lChapter 2.01.04, of the LDC, provisions shall be made for the purpose of accommodating the function of an electoral polling place if deemed necessary by the Supervisor of Elections. 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W 3r1 1T�, �II 1•� tom} ' :• �� tt } �' 1� c' i d a ; "'' x :Z.4 w i!t�-n 4-..311;*-▪ ..' 4�t� j •t ,i .,a :•. 4.-1' -4s ;''!• pi,,,::, ... r w _`€ ?..t n a 41 c I ' t . >e � t i A '. :I ' Q =ez:E E@ = E3 ,�■ 2u..m� - 3 Nd � '�. y i• ,t.:i°� F '�,'!,t fiF '} ' h.,4''. e. ,..,•F:::_ a mLL g 't-T), *e St v :',tz ,{, 7":-/.•9 _'31,#. ar • F▪ .,ga Z E° u.. °_ a n O- ,-�... . II aC ,..4... ..,p 'k, /X "' nay (� m_ o q=� .• •Fg: t• s. t .4 ' tr li - w ' I �t tom ' * 4 fir+ ^c ui J,' t �. . ''# i•• ',..4.-......,•....,' h u u•A :7e:7• 8:"U U U U� �� S �' G▪�, P a x saii P R GA �.. � �' ,,� � �� - � w ZZ Y N O •� W U O Cl, ul• .yp W Wy COa mow Za Rrw • A W Li ; ° n o N 5 U puela q Z t WilsonMillere New Directions In Planning,Design&Engineering Description of Part of Sections 26,34 and 35 of Township 50 South,Range 26 East, and Sections 2 and 3 of Township 51 South,Range 26 East Collier County,Florida. (PARCELS"A"and`B") All of Section 26,Township 50 South,Range 26 East,Collier County,Florida;less and except the north 30.00 feet (for road right-of-way)and the west 100 feet(for canal right-of-way)therefrom; AND ALSO All of Section 35,Township 50 South,Range 26 East,Collier County,Florida,less and except the west 60.00 feet(for canal right-of-way); AND ALSO Part of Section 34,Township 50 South,Range 26 East,Collier County,Florida; AND ALSO Part of Section 2 Township 51 South,Range 26 East,Collier County,Florida; AND ALSO Part of Section 3,Township 51 South,Range 26 East,Collier County,Florida; Being more particularly describes as follows: PARCEL"A": BEGINNING at the Southeast corner of Section 2,Township 51 South,Range 26 East,Collier County,Florida; thence along the south line of said Section 2 North 87°02'48"West 2717.79 feet to the South Quarter Corner of said Section 2; thence continuing along said line North 89°27'31"West 233.96 feet; thence leaving said line North 54°21'26"West 3802.70 feet along the northeast right-of-way line of U.S.41 (Ta.miami Trail); thence North 20°14'55"East 2036.85 feet; thence North 69°45'05"West 45.00 feet; thence South 89°15'14"East 60.00 feet to a point on a line lying 60 feet east of and parallel to the West Line of said Section 2; thence along said line thence North 00°44'46"East 1350.52 feet to a point on the North Line of Section 2,said point on a line lying 60 feet east of the west line of said Section 35; thence along said line North 00°50'06"East 2614.26 feet; thence continuing along said line North 00°52'55"East 261936 feet to a point on the North Line of said Section 35; thence along said line South 89°33'56"East 40.00 to a point on a line lying 100 feet east of and parallel to the west line of Section 26; thence along said line North 00°50'24"East 2633.11; thence continuing along said line North 00°50'18"East 2604.58 feet to a point on the Southerly Right of Way line of Sabal Palm Road,said line being 30.00'south of the north line of said Section 26; thence along said Right of Way line South 89°37'03"East 2541.99 feet; thence continuing along said line South 89°37'26"East 2642.08 feet to a point on the East line of said Section 26; thence along the East Line of said Section 26 South 00°14'00"East 2606.72 feet to the East Quarter Corner of said Section 26; thence continuing along said line South 00°14'36"East 2636.75 feet to the Southeast Corner of said Section 26; thence along the East Line of said Section 35 South 00°24'57"West 2638.06 feet to the East Quarter Corner of said Section 35; thence continuing along said line South 00°23'29"West 2637.20 feet to the Southeast Corner of said Section 35; thence along the East Line of said Section 2 South 00°40'26"West 2801.59 feet to the East Quarter Corner of said Section 2; thence continuing along said line South 00°40'46"West 2750.15 to the Southeast Corner of said Section 2 and the POINT OF BEGINNING of the parcel herein described(PARCEL"A"); Parcel Contains 1922.2 acres more or less. Subject to easements,restrictions and reservations of record. Bearings are based on the east half of the south line of Section 2 being North 87°02'48"West. PAGE 1 OF 2 Naples Fort Myers Sarasota Tampa Tallahassee Panama City Beach 3200 Bailey Lace,Suite 200 Na les Florro/a 4 941-649-4040 E 941-643-5716 - PUDA-PL20120002855,Winding Cypress PUD Amendment tz/13/13 Page 41 of 46 d1399-60815 Vet-011-xsro x WWW.wilroam:11er.cam N0506.007-0°7-0 WilsonMiller,lnc.—FL Lic.l LC-C000770 WilsonMiller New Directions In Planning,Design&Engineering Description of Part of Sections 26,34 and 35 of Township 50 South,Range 26 East,and Sections 2 and 3 of Township 51 South,Range 26 East Collier County,Florida. (PARCELS"A"and`B")Continued; ALSO INCLUDING THE FOLLOWING: PARCEL"B": COMMENCING at the Southwest Corner of said Section 26; thence along the West Line of said Section 35 South 00°52'55"West 674.12 feet; thence leaving said line North 89°07'05"West 40.00 feet to a point on a line 40 feet west of the West Line of Section 35 and the POINT OF BEGINNING of the parcel herein described(PARCEL`B"); thence along said line South 00°52'55"West 1110.23 feet; thence leaving said line North 89°07'05"West 539.68 feet; thence North 35°39'05"East 175.97 feet; thence northeasterly 1066.66 feet along the arc of a tangential circular curve concave to the northwest having a radius of 2964.93 feet through a central angle of 20°36'46"subtended by a chord which bears North 25°20'42"East 1060.92 feet to the POINT OF BEGINNING of the parcel herein described (PARCEL"B"). Parcel Contains 5.7 acres more or less. Subject to easements,restrictions and reservations of record Bearings are based on the east half of the south line of Section 2 being North 87°02'48"West Total parcel(including Parcels"A"and`B")contains 1927.9 acres more or less. WILSONMILLER,INC. Registered Engineers and Land Surveyors Certificate of authorization#LB-43. By: .i 7/7a,„ . --� Marcus L.Berman,P.S.M.#5086 Not Valid unless embossed with the Professional's seal. Ref. 4E-50 W.O.: N0506-000-000-MABS1 • Date: October 15, 1999 Revised: January 13,2000 • PAGE 2 OF 2 PUDA-PL20120002855,Winding Cypress PUD Amendment 12!13113 Page 42 of 46 601996U815 Vc 011-ASTOIXRAM NO506-0137-W3-0 • JULY 19, 2013 WINDING CYPRESS DRI PEDESTRIAN AND BICYCLE MASTER PLAN I,11 J: • ^n. rs (3 r? 11 ,k CD ,r pot i ,Ili.' ' �,;:v,- .w7 U 1 I 4 �!fi Y F p/►sy /�. F Y�Y Jj�4 I LEGEND , --- - T I Minor Collector Street /. 5' Sidewalk J�/' . ' 1 I Both Sides 44,k\'‘i;: ' �.� Minor Collector Street 5' Sidewalk `` ` ,--': , One Side 1 , f ,,�' , if x 'I' a ,,,,--- Local Street i F 5' Sidewalk 4 1 I ;— ` Both Sides Local Street �'�' ; # 5' Sidewalk ,) I; One Side f + Multi—Use Pathway *y ` k ,,,/ .- ; Minimum 10' i V� .. i /' I Existing \ ` Li) 1I Future '. }} r %i,' I 1 r PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 j Page 43 of 46 4 I/I dp I I, L____■'1.A. -.. ' i ;' I 0 i rep . ci\ , '1 ,, 171 yI li ,___________ 0 0011111. tH II ,. o co o _~--� Tj llk ke III I • •∎ : r-41 ' ,.. if :.L41, GRAND EEL ■ :t.'01.2--:*" _/b_I'�v-'i•�, `''Y/ t I 111 f :.11 I I� � . �,' Ell I U I �' - ry ASMINA WAY I 1 /L.,.. -'\ Ili/II I W1NDINQ CYPRESS //I lit '1 TRACT ////j1 �f� Id DING CYPI ESS TRACT A • PUD AMENDMENT P ' EXHIBIT D Page 44 of 46 ■'y AUGUST, 2009 -- Seo 08. 2009 - 09:43:12 CWICK5TRIX:\ENG\NO506 48\Exhibits PuD-AMENDMEN DO-. 0648-oud-ammend-08-09-xOl.dwa - ! € | | | d ■ ! i § ( 1; | NI $4 .. � � ; l� • � i / k } $ 2 I,. §§ .■\\\\\.. ; , i di ¥ to 1' I 1 Li/ i ... 21 | | k H °i ' 1 ''T _ �� d , !al I . w � , \ , i �f } . \ § -. �-- � � ) . j| •, | !i : |�|||. ig 1, l 1 I & I 1 mo«3012000255,Winding Cypress PUD Amend ment 12/1 3/13 Page 45 y« Exhibit F Deviation 1.A deviation is sought for relief from LDC Section 4.07.04B.4.b to change the radius requirement for the Tract B Village Center from "within 1,760 ft. radius to 80% of the number of units", to within a 5,000 ft. radius of 80% of the number of units within Tract B. • PUDA-PL20120002855,Winding Cypress PUD Amendment 12/13/13 Page 46 of 46 AGENDA ITEM 9-C ty STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES--LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION--PLANNING&REGULATION HEARING DATE: JANUARY 16, 2014 SUBJECT: DOA-PL20120002856: Winding Cypress DRI (COMPANION TO PUDA- PL20120002855: WINDING CYPRESS PUD) PROPERTY OWNER&APPLICANT/AGENT: Applicant/Contract Purchaser: Owners: DiVosta Homes, LP Barron Collier Co., Ltd. Barron Collier Investments,Ltd. d/o Chris hasty 2600 Golden Gate Pkwy Ste 200 2600 Golden Gate Pkwy 24311 Walden Center Dr Ste 300 Naples, FL 341-5 Naples, FL 34105 Bonita Springs,FL 34134 Agents: Anita Jenkins AICP Richard D. Yovanovich,Esquire J.R. Evans Engineering, P.A. Coleman,Yovanovich&Koester,P.A. 23150 Fashion Drive, Ste 24 Northern Trust Bank Building Estero,FL 33928 4001 Tamiami Trail North, Suite 300 Naples,FL 34103 NOTE: Barron Collier Company, Ltd. and Barron Collier Investments, Ltd. own Tract B. DiVosta Homes, LP owns the existing Village Center tract. Many other property owners and associations own or otherwise control property within the overall Winding Cypress PUD. REQUESTED ACTION: The petitioner seeks an amendment to the Winding Cypress Development of Regional Impact (DRI) Development Order (DO) in accordance with Florida Statutes, Subsection 380.06(19), to allow the following changes: a. Change FINDINGS OF FACT to DO #99-4, as amended, Paragraph 4.A. to provide an increase of 507 residential dwelling units from a total of 2,395 dwelling units to a total of 2,854 dwelling units on an increase of 25 acres from 467 acres to 492 acres; b. Change FINDINGS OF FACT to DO #99-4, as amended„ Paragraph 4.B. in the Village Center to DOA-PL20120002856: Winding Cypress DRI Page 1 of 6 January 16,2014 CCPC Revised 12/31/13 Village Centers and an increase in the approved 10,000 square feet (s)f of Gross Floor Area (gfa) to 50,000 sf of gfa retail uses with a simultaneous reduction of 5,000 sf of gfa of office space and 15,000 sf of gfa of recreational facilities; c. Change FINDINGS OF FACT to DO #99-4, as amended, Paragraph 4.C. to eliminate the Golf Club, 18 holes of golf,the practice range,and the maintenance facility on 164 acres; d. A Change FINDINGS OF FACT to DO #99-4, as amended, Paragraph 4.D. to increase the lake area from 235 acres to 272 acres; e. Change FINDINGS OF FACT to DO #99-4, as amended, Paragraph 4.E. to decrease the rights-of- way areas from 81 acres to 79 acres; f. Change FINDINGS OF FACT to DO #99-4, as amended, Paragraph 4.G. to increase the preserves from 796 acres to 840 and increase the miscellaneous buffers, waterways, canals, and FPL easement areas from 180 acres to 219 acres; g. Change Historical/Archeological, of the Conclusions of Law Section of DO #99-4, as amended to change the Archeological site numbers to eliminate sites 8CR787, 8CR788, 8CR789, 8CR790; h. Change TRANSPORTATION, Paragraph C to add, "the proportionate share costs of the necessary at-grade improvements as referenced in this condition C.2. have been satisfied by the payment of road impact fees;" i. Change TRANSPORTATION, Paragraph D and G(1), to state, "biennial" monitoring report be submitted to Collier County, FDOT, and the Department of "Economic Opportunity" and state that successive reports shall be submitted"biennially;" j. Change TRANSPORTATION, Paragraph H to state, "However, Chapter 163, F.S. has been amended to remove transportation concurrency. If transportation concurrency is removed from the Collier County Growth Management Plan or the Land Development Code, the developer would no longer be subject to these conditions;" k. Change TRANSPORTATION,Paragraph I,to provide for Benfield Road corridor. 1. Change VEGETATION AND WILDLIFE/WETLANDS, Paragraph C,to change the acreages from "776 to 840. m. Change VEGETATION AND WILDLIFE/WETLANDS, Paragraph D to eliminate the native landscaping condition; n. Change VEGETATION AND WILDLIFE/WETLANDS, Paragraph E to change the condition that deals with impacts to any gopher burrows, o. Change VEGETATION AND WILDLIFE/WETLANDS, Paragraph F the condition that deals with the provision of upland and/or appropriate structural buffers provided by the SFWMD Basis of Review. p. Revise the build-out date from December 14, 2012 to December 14, 2020 and the Development Order expiration date from December 17 to December 17,2025. GEOGRAPHIC LOCATION: The subject 1,928± acres (the entire Winding Cypress PUD) is located in Sections 26, 34, and 35, Township 50 South, Range 26 East and Sections 2 and 3, along the eastern side of Collier Boulevard(CR 951) south of Sabal Palm Road in Township 51 South, Range 26 East, Collier County, Florida. (see illustration on the following page). PURPOSE/DESCRIPTION OF PROJECT: The Winding Cypress Development of Regional Impact (DRI) Development Order (DO) was approved on December 14, 1999 with Resolution No. 99-467/DO 99-4. 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Access is or will be provided from two entrances; an existing entrance into community is located on the west from Collier Boulevard and a secondary entrance will be located on the south from Tamiami Trail. As of the 2010-2012 D R I biannual monitoring report, the Winding Cypress DRI contained 1,622 single-family residential units; zero (0) multi-family residential units; 10,000 square feet of commercial retail space; 5,000 square feet of office space; 15,000 square feet of recreational space,and zero (0) holes of golf Previous Changes There have been two (2) previous changes to the DO for the Winding Cypress DRI. A Notice of Proposed Change (NOPC) was submitted and the project DO was amended by Resolution No. 02-302 (DO 02-01) on June 25, 2002. The Development Order was further amended to correct a scrivener's error by Resolution No. 06-18 on January 24,2006. The subject changes have been as follows: 1. On June 25, 2002,the Board of County Commissioners, approved the amendments to the Winding Cypress DRI development Order and approved the revised Winding Cypress DRI Master Plan, marked "H-1" by the adoption of Resolution 02-302 and Development Order 02-01 to adopt the following changes: a. The applicant proposed to revise the project master development plan due to evolving market conditions and in response to recommendations received during the environmental permitting process. The applicant proposed to reduce the total number of residential units by 592 units thereby reducing the density of the project. The NOPC proposed a maximum of 2,300 residential units of which up to 1,440 could be single-family and up to 860 could be multi-family. The decrease would reduce the project density from 1.5 units per acre to 1.2 units per acre; b. The applicant requested the flexibility to convert up to 100 of the 1,440 single-family units to multi-family units using a conversion ratio of 1.95 MF for each SF converted; c. The approved 45golf holes on 358 acres were to be reduced to 18 holes on 164 acres and a club facility,maintenance facility and driving range were to be deleted. d. The applicant requested a minor adjustment to the 30,000 sf of Village Center. A decrease of 5,000 sf, with a corresponding increase of 5,000 square feet in the amounts of office and recreational uses,respectively within the Village Center; e. The project preserve area was being increased by 83 acres from 713 acres to 796 acres; f. The applicant requested a redesign and relocation of approved uses within the Winding Cypress DRI as depicted on the DRI Master Plan marked"H-1."See Exhibit A; g. Section 2.0, Historical/Archeological, Paragraph D, of the DO would be revised to eliminate language requiring that the developer seek registration of sites in the National Register of Historic Places. In turn, the DO would be revised to require all archeological sites identified in the DRI Application for Development Approval (ADA) be located within designated "Preserve Areas" or have conservation easements placed over them; h. Section 3.0, Hurricane Evacuation/Flood Plains, Paragraph B, of the DO would be revised to DOA-PL20120002856: Winding Cypress DRI Page 3 of 6 January 16,2014 CCPC Revised 12/31/13 delete reference to the alternative mitigation options. Sufficient off-site hurricane shelter mitigation for the Winding Cypress DRI had been arranged and approved through the Collier County Emergency Management Director; and i. The amendments to the terms and conditions of the Winding Cypress DRI Development Order. 2. The Development Order was further amended on January 24, 2006,by Resolution 06-18 to correct a scrivener's error to bring consistency with the PUD Document that removed references to specific numbers for different residential dwelling unit types and providing for a total of 2,300 residential units on 448 acres as was intended. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL(RPC): The RPC heard this Notice of Proposed Change (NOPC) to a previously approved Development of Regional Impact pursuant to Subsection 380.06(19)Florida Statutes on October 17, 2013. The RPC staff assessment included the following comments: The proposed changes do not create the likelihood of additional regional impacts not previously reviewed by the SWFRPC and there is no presumption of a substantial deviation. The proposed development order amendment language is acceptable with the following changes: Include the following language in SECTION ONE, TRANSPORTATION, Paragraph 7(b) of the DO 99-04 to state "However, Chapter 163, F.S., has been amended to allow local governments through an amendment to the comprehensive plan to remove transportation concurrency requirements. If transportation concurrency is removed from the Collier County Growth Management Plan and the County's Land Development Code, the developer would no longer be subject to these conditions and the developer will process a Notice of Proposed Change and the developer may request to use the 380.06(19)(e),F.S., provisions to amend the DO to delete all concurrency related mitigation." The project approval is subject to the following recommendations: 1. Notify Collier County, the Florida Department of Economic Opportunity and the applicant that the proposed changes do not create additional regional impacts and that Council participation at the local public hearing is not necessary, unless requested by the County for technical assistance purposes. 2. Request that Collier County provide a copy of the proposed Development Order Amendment, and any related materials, to the Council in order to ensure that the Amendment is consistent with the Notice of Proposed Change. DEPARTMENT OF COMMUNITY AFFAIRS(DCA): DCA has not offered any input to Collier County staff regarding this proposed amendment. DOA-PL20120002856: Winding Cypress DRI Page 4 of 6 January 16,2014 CCPC Revised 12/31/13 COUNTY STAFF ANALYSIS: Development authorizations contained in DRI Development Orders are prerequisites to zoning actions that implement DRI land use authorizations. DRI Development Orders are intended to address regional impacts of a project. As noted in the RPC staff report, the proposed changes have no presumption of a substantial deviation under Sub-chapter 380.06(19)(c),Florida Statutes that states: An extension of 5 years or less is not a substantial deviation. . . . Any extension of the buildout date of a project or a phase thereof shall automatically extend the commencement date of the project, the termination date of the development order, the expiration date of the development of regional impact, and the phases thereof if applicable by a like period of time. In recognition of the 2007 real estate market conditions, all phase, buildout, and expiration dates for projects that are developments of regional impact and under active construction on July 1, 2007, are extended for 3 years regardless of any prior extension. The 3-year extension is not a substantial deviation, is not subject to further development-of-regional-impact review, and may not be considered when determining whether a subsequent extension is a substantial deviation under this subsection. Staff is of the opinion that it is appropriate to approve the changes proposed to the DRI DO including extending the buildout and expiration dates for this project given the changed economic situation. Staff does not anticipate any increased impacts or increased demands on infrastructure if this amendment is adopted, and further staff believes the proposed amendment is not contrary to any Growth Management Plan provisions. The project was originally approved for 38 more units than are currently being sought in this amendment therefore the RPC has determined that since more impacts were initially analyzed and accounted for, no additional DRI review is warranted due to the requested build out and expiration date extensions. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition on December 31,2013. Criteria for DRI Amendment 1. Consider: Consistency with the Collier County Land Development Code. 2. Consider: Consistency with the goals,objectives, and policies of the Growth Management Plan. 3. Consider: Impacts on public infrastructure STAFF RECOMMENDATION: That the Collier County Planning Commission(CCPC)forward a recommendation of approval of Petition DOA-PL20120002856 to the Board of County Commissioners as described by the amending DRI Development Order resolution. DOA-PL20120002856: Winding Cypress DRI Page 5 of 6 January 16,2014 CCPC Revised 12/31/13 PREPARED BY: ji KAYC,SELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: _.- RAYMON . BELLOWS,ZONING MANAGER DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES MIKE BOSI,AICP,DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING APPROV : : 'Z_ / i _iy 'ICK C• SALANGUI• : , DEP Y ADMINISTRATOR DATE GROWTH MANAGEMENT DIVISION Tentatively scheduled for the February 25, 2014 Board of County Commissioners Meeting DOA-PL20120002856: Winding Cypress DRI Page 6 of 6 January 16,2014 CCPC Revised 12/31/13 DEVELOPMENT ORDER NO. 14- I RESOLUTION NO. 14- I A RESOLUTION AMENDING RESOLUTION NO. 99-467, AS AMENDED, (DEVELOPMENT ORDER 99-4) FOR THE WINDING CYPRESS DEVELOPMENT OF REGIONAL IMPACT BY PROVIDING FOR SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY INCREASING THE NUMBER OF RESIDENTIAL DWELLING UNITS FROM 2,300. TO 2,854; BY INCREASING THE RESIDENTIAL DEVELOPMENT AREA BY 44 ACRES TO 492 ACRES; BY INCREASING THE VILLAGE CENTER ACREAGE BY 2 ACRES FOR A TOTAL OF 17 ACRES; BY INCREASING THE GROSS FLOOR AREA OF THE VILLAGE CENTER DISTRICT BY 20,000 SQUARE FEET FOR A TOTAL OF 50,000 SQUARE FEET; BY INCREASING THE ACREAGE OF LAKES FROM 235 ACRES TO 272 ACRES; BY REMOVING THE 164 ACRES OF GOLF AREA AND ELIMINATING THE 18-HOLE GOLF COURSE; BY INCREASING THE PRESERVE AREA BY 44 ACRES TO 840 ACRES; ` BY INCREASING BUFFERS, WATERWAYS, CANAL AND FP&L EASEMENTS FROM 180 ACRES TO 219 ACRES; BY EXTENDING THF;BUILD-OUT DATE TO DECEMBER 31, 2020 AND EXPIRATION DATE TO DECEMBER 31, 2025; AND BY AMENDING THE MASTER PLAN; BY PROVIDING FOR SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT .OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEPARTMENT OF ECONOMIC OPPORTUNITY , AND :.EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST QUADRANT OF THE ;INTERSECTION OF TAMIAMI TRAIL EAST (US-41) AND COLLIER BOULEVARD (CR 951) IN SECTIONS 26, 34 AND 35, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 2 AND 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 1,928±ACRES. (DOA-PL2012000285611 WHEREAS,the Board of County Commissioners of Collier County approved Resolution No. 99-467 (Development Order No. 99-4), which approved a Development of Regional Impact (DRI)known as the Winding Cypress DRI on December 14, 1999; and WHEREAS, the Application for Development Approval (ADA) was incorporated into and, by reference.made a part of the Development Order; and Winding Cypress DRI?PUD—DOA-PL20120002856 1 of 9 Rev. 12/20/13 Words suck are deleted;words underlined are added. I S WHEREAS, the real property which is the subject of the Development Order is legally described and set forth as Exhibit A to Resolution No. 99-467 (Development Order No. 99-4) as revised by Resolution 02-302 (Development Order 02-01); and WHEREAS,the Development Order has been subsequently amended,to wit: (i) Resolution No. 02-302 (Development Order No. 02-01),June 25,2002; (ii) Resolution No. 06-018 (to correct scriveners error),January 24,2006; and WHEREAS, DiVosta Homes, LP, through its authorized agent, has filed a Development Order Amendment (DOA) Application and Notice of Proposed. Change to a Previously Approved DRI (NOPC), which NOPC is attached hereto and:incorporated herein as Exhibit B; and WHEREAS, the Collier County Planning ,Commission reviewed and considered the report and recommendation of the Southwest Florida Regional Planning Council(SWFRPC) and held a public hearing on ,2014. WHEREAS, the Board of County Commissioners, as the governing body of the unincorporated area of Collier County, Florida, with jurisdiction pursuant to Section 380.06, Florida Statutes, is authorized and em wered,;to consider rop osed changes to the Winding Po� p p Cypress DRI; and WHEREAS, at a public hearing held on -° 2014,the Board of County in accordance with Section 380.06, Florida Statutes, Commissioners of Colltor'"Coat ti's Florida,:::: Co having considered (a) ;the DOA 'Application and the NOPC, (b) the record made at the aforementioned hearing,r(c) the record of the documentary and oral evidence presented to the Collier County Planning Commission, (d) the report and recommendation of Collier County planning staff, and ,(d) the report and Arecormnendation of the Southwest Florida Regional Planning Counsel, the-:Board of County Commissioners hereby approves the following Winding Cypress DRI Development Order amendments. NOW,;„,THEREFORE,,: BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COII.IER COUNTY,FLORIDA,that: SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER. A. The Findings of Fact:Section of Development Order 99-4, as amended by Development Order 02-01 and Resolution 2006-18,the Winding Cypress DRI, is hereby amended to read as follows: FINDINGS OF FACT 1. The real property which is the subject of the ADA is legally described as set forth in Exhibit"A". 2. The application is consistent with Subsection 380.06(6),Florida Statutes(2013). Winding Cypress DRI/PUD-DOA-PL20120002856 2 of 9 Rev. 12/20/13 Words short-tom are deleted;words underlined are added. 3. The Developer submitted to the County an ADA and sufficiency responses, hereby referred to as composite Exhibit-B", which by reference thereto are made a part hereof to the extent that they are not inconsistent with the terms and conditions of this Order,as amended. 4. The Developer proposes development of the Winding Cypress Development of Regional Impact, as shown on the revised Master Plan attached hereto as Exhibit "C", and consisting of 1,928 acres,which includes: A. A total of 1440 2.851_residential dwelling units,on 48g 492 acres. B. A-Village Center Centers consisting of 40700050.000 square feet of Gross Floor Area (GFA)e Retail use 5,000 square feet GFA of office space,and 15,000 square fwt G17,1 of recreational facilities,in addition to a clubhouse; C. Golf Club, 18 holes of golf course, prncticre rank an - - acres: C. D. 2.-3-5-27.:L acres of lakes; D.& 8-1-79 acres of right-of-way; E.f- 9 acres of recreational lands;and F. T9H- 840 acres of preserves,and 180 219 acres of miscellaneous buffers, waterways, canal,and FPI.,easements. 5. The development is consistent with the report and recommendations of the SWFRPC submitted,pursuant to Subsection 380.06(12),Florida Statutes. 6. The development will not interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. 7. A comprehensive review of the impact generated by the development has been conducted by the appropriate County departments and agencies and by the SWFRPC. 8. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.05, Florida Statutes,as amended. 9. The development is consistent with the current land development regulations and the Growth Management Plan of Collier County,as amended. 10. The development is consistent with the State Comprehensive Plan. B. Paragraph 2, "Historical/Archaeological," of the Conclusions of Law Section of Development Order 99-4, as amended by Development Order 02-01, the Winding Cypress DRI, is hereby amended to read as follows: Winding Cypress DRIiPUD—DOA-PL20120002856 3 of 9 Rev. 12/20/13 Words s through are deleted;words underlined are added. 2_ HISTORICAL/ARCHAEOLOGICAL A. Archaeological sites 8CR786, 8CR787; 8CR788, 8CR789, gE=R-7-94-,—8CR791, 8CR792, 8CR793, 8CR794, 8CR795 and 8CR796 within the Winding Cypress property shall be preserved in perpetuity and shall be recorded as "Preserve" on all appropriate plats, site plans,and the Master Development Plan for the Winding Cypress DRI. B. In areas where the sites are located in the vicinity of proposed development, a buffer or conservation easement averaging 25 feet in width, or equivalent protections, such as temporary fencing or other structural barriers, shall be preserved or constructed around the archaeological sites. Exotics removal within these areas shall be by hand labor. C. The Developer shall cooperate with the Department of<State, Division of Historical Resources ("DHR") property credentialed investigators,;whenever such access can be reasonably accommodated. D. If any additional archaeological/historical sites are uncovered during the proposed development activities, all work in the immediate vicinity of such sites shall cease immediately,and the Developer shall contact DHR, SWFRPC,and Collier County so that a state-certified archaeologist can determine the,; significance of the findings and recommend appropriate preservation and mitigation actions,as necessary. E. All commitments made by the Developer within the ADA and subsequent sufficiency round information,related to historical and Archaeological Sites are hereby incorporated by reference to the extent they are consistent with Paragraphs A—B above. C. Paragraph 5, "transportation" of Development Order 994,the Winding Cypress DR1, is hereby amended to read as follows: 5. TRANSPORTATION A. "I'he Developer.,,gr_its Successor or assigns, shall be fully responsible for site related roadway and intersection improvements required".within the Winding Cypress DRI, including project access points on CR 951 and,US 41 The following project access points onto CR 951 and US 41 shall be located consistent with the Winding Cypress Master Plan,attached hereto as Exhibit"C",and constructed consistent:with Collier County and FDOT's_permit requirements: (1) CR 951'at North Project Entrance (2) CR 951 at South Project Entrance (3) US 41 at East Project Entrance B. The Developer shall provide its proportionate share of the costs of necessary at grade intersection improvements including,but not limited to,right of way,cost of signalization,turn lanes,and other improvements deemed necessary by Collier County to maintain the adopted level of service of the following significantly impacted intersections through DRI project build out in 2008 which is December 31.2020. (1) US41 at CR 951/SR 951 (2) CR 951 at SR 84/Davis Blvd. Winding Cypress DRI/PUD—DOA-PL20120002856 4 of 9 Rev. 12/20/13 Words through are deleted;words underlined are added. C. Improvements to the facilities outlined in condition 5.B, above, shall be made at the time that the intersection is expected to operate at worse than the level of service standard adopted in the Collier County Comprehensive Plan or shall be programmed for construction within three years of that time. No building permits for Phase 2 of this project shall be issued unless the improvements are: a) complete, b) under construction, c) the subject of a clearly identified, executed and recorded local government development agreement consistent with Sec. 1613220 through 163.3243, F.S., ensuring completion concurrent with the impacts of development; d) the subject of a binding commitment from Collier County, ensuring completion concurrent with the impacts of development; e) the subject of a binding commitment by the County in the current three years of the Capital Improvements Element; or f) the subject of a binding and enforceable commitment by the Developer to provide the improvement concurrent with the impacts of development. Any combination of the above which ensures the improvement to the facility is also acceptable, provided the SWFRPC,Collier County, and DCA agree that the combination meets the intent of the transportation uniform standards rule. As an alternative to this requirement, the Developer may pay a "proportionate share contribution", calculated consistent with the formula in Paragraph,9J-2.045(l)(h), F.A.C., to Collier County for this improvement. The proportionate share payment shall only be applied to the immediate construction of one or more improvements to regional facilities significantly impacted by the Winding Cypress DRI. A portion or the entirety of the Developer's proportionate share contribution may be provided through the Developer's payment of Collier County road iimpact fees. No building permits for Phase 2 shall be issued unless the proportionate share payment and a commitment to use the payment for the construction of a needed improvement, in accordance with the options listed in the paragraph above are received by the County. Any delay or change of the proportionate share payment shall require a reanalysis of the payment amount in a Notice of Proposed Change. The proportionate share casts of the.tiecessaD at-grade irriprovements as referenced in this condition and condition 5.13.have been satisfied by the payment of roads impact tees. D. To determine the project impact on regional facilities, an--a ant ual--biennial monitoring report shall be submitted!to Collier County, Florida Department of Transportation, Florida Development of Community Affairs Economic Opportunity, and SWFRPC for review and approval. The first monitoring report shall be submitted one year after the recorded date of the approval of the Development Order for the Winding Cypress.DRI. Successive reports shall be submitted annually bienniaiv thereafter until build out of the project. At a minimum, the report shall contain a summary of construction and development activities to date, in the categories of development as recorded in the Development Order. In addition, the report shall contain p.m.peak hour trip,generation estimates and turning improvements at each of the project's access,points and the off-site intersections listed in Paragraph 2 above. The report shall also provide a calculation of the existing level of service at the projects access points and the facilities listed in Paragraph B above. .,Finally,an%estimate of the level of development expected to be added by the project for the forthcoming years)will be provided. The monitoring report shall identify the status of the road improvements assumed to be committed and address any deviations from the identified schedule. E. The Developer shall promote efficient pedestrian and bicycle movement within and between the development's components, and to adjacent properties as deemed necessary by Collier County. F. The Developer shall promote transit service through the inclusion of bus stops or other appropriate transit access points in site design,consistent with Collier County transit plans. G. The Developer may select one or more of the options listed in Paragraph C above to the extent that options provide adequate commitments for improvements indicated above to significantly Winding Cypress DR1/PUD—DOA-PL20120002856 5 of 9 Rev. 12/20/13 Words sigh are deleted;words underlined are added. impacted regional roadways and intersections. Whatever options are exercised, however, shall be done with the understanding that the following conditions shall he met: (1) If annual-biennial_monitoring reports lead to the conclusion that one or more of the regional intersections are operating at worse than the adopted level of service and the project is contributing more that 5% of the adopted level of service capacity, then further building permits and certificates of occupancy shall not be granted until the standards of the County's Concurrency Management System have been met. (2) The transportation impact to the intersections identified in Paragraph B above shall be appropriately addressed consistent with the County's Concurrency Management Ordinance and any Local Government Development Agreement or commitment by the Developer and/or the local government to insure concurrency on all significantly impacted regional feeds and intersections. H. However, Chapter 163, F.S_, has been amended to allow local:governments through an amendment to the comprehensive plan to remove transportation concurrency requirements. If transportation concurrency is removed from the Collier County Growth Management Plan and the County's Land Development Code,the developer would longer be subject to these conditions and the developer will process a Notice of Proposed Chare'apd the developer may request'to use the 380.06(19)(e), F.S.,provisions to amend the DO to delete all.concury pcyrelated mitigation. I. Within 180 days of the County's written request,the.Owner shall convey to the County a road easement for the road right of way needed;-fqr a section of Benfield Road up to a width of 140 feet free and clear of all liens and financial encuipl rances. The road right of way shall be adjacent to the Picayune State Forest and shall be in the location identified on the PUD Master Plan. The length of the .ro.osed 140' ROW reservation is a..roximatel 6 000' Yextendint a••roximatel 830' north of the Hacienda Lakes PUD southern section line and approxtnrately":65.0'"south of the Picayune State Forest southern section line. The.County Acknowledges that the area in which the road reservation is located is designated preserve on the'PUD Master Plan and is required to be a conservation area for purposes of the project obtaining requires`state and federal permits. :The County has agreed to be responsible for all permitting and construction .costs i} luding_but not limited to noise mitigation, and mitigation costs associated with permitting and eor}struc`tng Benfield Road. The Owner and Developer shall not be responsible to obtain or modify any.state or feder l'permits related to the extension of Benfield Road. Upon recordation of t ie road easement in the public records of Collier County, the Owner shall be paid the fair-market value of the road eases ent. The Developer shall disclose (in writing) to all property buyers within 300' of the reserved 140' Benfield Road corridor of their proximity to the future roadway corridor. D. Paragraph 6, "Vegetation and Wildlife/Wetlands" of Development Order 99-4, as amended by Order 02-01,the Winding Cypress DRI,is hereby amended to read as follows: 6. VEGETATION AND WILDLIFE/WETLANDS A. The need for wildlife crossings and fencing designs for roadway crossings of the preserve areas shall be reviewed in coordination with the Florida Fish and Wildlife Conservation Commission("FFWC")as part of the ERP permit process. B. Review of State listed species and habitat impacts/mitigation shall be addressed in coordination with FFWCC during the ERP permit process based on specific site plan details. At a minimum, the draft Preserve Area Wildlife/Habitat Management Plan submitted on June 13, 1999,shall be implemented for the preserve area. Winding Cypress DRI/PUD—DOA-PL20120002856 6 of 9 Rev. 12/20/13 Words stt'uekk-threagh are deleted;words underlined are added. C. A minimum of 776 840 acres of wetland and upland enhancement preserve area shall remain in conservation areas post development; a conservation easement shall be placed over all conservation areas. - • - • ical. "tile Project «ill-amt the criteria of Section -2:1.1.1. of the '- rt'eltares=-5°'. - o. - _- i9 be nati e pltmtic I Impacts to any gopher tortoi;c burros--1i Jibe handled through the FFWCC'lake and/or Relecation Permit prceess. F- Upland and/or appropriate structural buffers will be pravidied-peithe-S-PALMD Basis of lie eW. E. Paragraph 11,"PUD Document,"of Development Order 99-4 as amended by Development Oder 02-01,the Winding Cypress DRI, is hereby amended to read as follows: 11. PUD DOCUMENT There is a PUD document (Ordinance 02 35 14__„_)approved by the Collier County Board of County Commissioners on Junc _3, 2002 . 2014, which also governs the Winding Cypress DRI. The Developer acknowledges that the conditions and commitments of the PUD Document also govern the development and use of property within Winding Cypress, even though the PUD Document(Ordinance 02 33 2014- ), is specifically not made a part of this Development Order. SECTION TWO: FINDINGS OF FACT. A. The real property which is the subject of this Development Order, including the Winding Cypress Addition, is legally described as set forth in Exhibit"A", attached hereto and by reference made apart hereof. B. The application is in accordance with Section 380.06(19),Florida Statutes. C. The applicant submitted to the County a Notice of Change to a Previously Approved DRI,marked as Exhibit`'B",and by reference made a part hereof. D. The applicant's predecessor in interest proposed the development of Winding Cypress on 1928 acres of land for a mixed-use development consisting of residential, commercial and golf club uses as described in Development Order 99-4. E. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments and the SWFRPC. F. The buildout date shall be December 31, 2020. The Development Order shall remain in effect until December 31,2025. Winding Cypress DRI/PUD—DOA-PL20120002856 7 of 9 Rev. 12/20/13 Words trough are deleted;words underlined are added. SECTION THREE: CONCLUSIONS OF LAW. A. The proposed changes to the previously approved Development Order as presented does constitute a substantial deviation pursuant to Section 380.06(1), Florida Statutes. The scope of the development to be permitted pursuant to this Development Order Amendment includes operations described in the Notice of Change to a Previously Approved DRI,Exhibit"B",by reference made a part hereof. B. The proposed changes to the previously approved development are consistent with the report and recommendations of the SWFRPC. C. The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. D. The proposed changes to the previously approved Development Order are consistent with the Collier County Growth Management Plan, as amended, and the Land Development Regulations adopted pursuant thereto. E. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, AS AMENDED; TRANSMITTAL TO Tat'' DEPARTMENT OF ECONOMIC OPPORTUNITY;fAND EFFECTIVE DATE. A. Except as amended hereby, Development Order 99-4 as amended by Development Order 02-21, and Resolution06-18 shall remain in full force and effect, binding in accordance with its terms on all parties thereto. B. Copies of this. Development Order 14 shall be transmitted immediately upon `execution to the .Department''of Economic Opportunity, and the Southwest Florida Regional'iPlanning Council. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution-adopted after motion, second and majority vote of the Board of County Commissioners of Collier County,Florida,this day of , 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK, CLERK COLLIER COUNTY,FLORIDA By: By: Deputy Clerk ,Chairman Winding Cypress DRI/PUD-DOA-PL20120002856 8 of 9 Rev. 12/20/13 Words struck-met gh are deleted;words underlined are added. Approved as to form and legality: DRAFT Heidi Ashton-Cicko Managing Assistant County attorney Attachments: Exhibit A—Legal Description(from D.O.02-01) Exhibit B -Notice of Proposed Change Exhibit C—Revised Master Plan CP\13-CPS-01229\22 Winding Cypress DRl/PUD—DOA-PL20120002856 9 of 9 Rev. 12/20/13 Words true' throouug are deleted;words underlined are added. 0 , . UJlils ►nMiller . Ne„Directions In Planiling,Design&Englaeering 1t 110 i Description of Part of Sections 26,34 and 35 of I Township 50 South,Range 26 East, and Sections 2 and 3 of Township 51 South,Range 26 East Collier County,Florida. (PARCELS"A"and`B") •iiiAll of Section 26,Township 50 South,Range 26 East,Collier County,Florida;less and except the north 30.00 feet i (for road right-of-way)and the west 100 feet(for canal right-of-way)therefrom; s AND ALSO All of Section 35,Township 50 South,Range 26 East,Collier County,Florida,less and except the west 60,00 feet(for canal right-of-way); AND ALSO Part of Section 34,Township 50 South,Range 26 East,Collier County,Florida; AND ALSO Part of Section 2 Township 51 South,Range 26 East,Collier County,Florida; AND ALSO Part of Section 3,Township 51 South,Range 26 East,Collier County,Florida; 1 Being more particularly describes as follows: i PARCEL"A": II BEGINNING at the Southeast corner of Section 2,Township 51 South,Range 26 East,Collier County,Florida; t thence along the south line of said Section 2 North 87°02'48"West 2717.79 feet to the South Quarter Corner of said 3 - .1 Section 2; Uthence continuing along said line North 89°27'31"West 233.96 feet; thence leaving said line North 54°21'26"West 3802,70 feet along the northeast right-of-way line of U.S.41 (Tamiami Trail); thence North 20°14'55"East 2036.85 feet; thence North 69°45'05"West 45.00 feet; d thence South 89°15'14"East 60.00 feet to a point on a line lying 60 feet east of and parallel to the West Line of said 1 Section 2; thence along said line thence North 00°44'46"East 1350,52 feet to a point on the North Line of Section 2,said point on a line lying 60 feet east of the west line of said Section 35; i thence along said line North 00°50'06"East 2614.26 feet; i thence continuing along said line North 00°52'55"East 2619.36 feet to a point on the North Line of said Section 35; thence along said line South 89°33'$6"East 40.00 to a point on a line lying 100 feet east of and parallel to the west line of Section 26; i thence along said line North 00°50'24"East 2633.11; thence continuing along said line North 00°50'18"East 2604.58 feet to a point on the Southerly Right of Way line of Sabal Palm Road,said line being 30.00'south of the north line of said Section 26; i thence along said Right of Way line South 89°37'03"East 2541.99 feet; i thence continuing along said line South 89°37'26"East 2642.08 feet to a point on the East line of said Section 26; thence along the East Line of said Section 26 South 00°14'00"East 2606.72 feet to the East Quarter Corner of said Section 26; thence continuing along said line South 00°14'36"East 2636.75 feet to the Southeast Corner of said Section 26; thence along the East Line of said Section 35 South 00°24'57"West 2638.06 feet to the East Quarter Corner of said Section 35; thence continuing along said line South 00°23'29"West 2637.20 feet to the Southeast Corner of said Section 35; i thence along the East Line of said Section 2 South 00°40'26"West 2801.59 feet to the East Quarter Comer of said 1 Section 2; 1 thence continuing along said line South 00°40'46"West 2750.15 to the Southeast Corner of said Section 2 and the POINT OF BEGINNING of the parcel herein described(PARCEL"A"); Parcel Contains 1922.2 acres more or less. Subject to easements,restrictions and reservations of record. Bearings are based on the east half of the south line of Section 2 being North 87°02'48"West. iv • Naples Fort Myers Sarasota Bradenton Tampa Tallahassee 3200 Bailey Lane,Suite 200 Naples,Fla;a:1 34105-x507 941449-4040' 941443-5716 0 E 6 b +- A vis9a-s°eR v,,oe.sstoczatuf "osasooz oo�o www wltronm/llecearn W//s°nlAllle,lnc.—Ft Lfo.f LC-COOOR0 CA 43 . WilsOnMiller . • 1 Description of Part of Sections 26,34 and 35 of Township 50 South,Range 26 East and Secnons 2 and 3 of Township 51 South,Range 26 East Collier County,Florida r. (PARCELS"A^and"B")Continued; } PARCEL°iB ALSO INCLUDING THE FOLLOWING: e COMMENCING at the Southwest Corner of said Section 26; thence along the West Line of said Section 35 South 00°52'55"West 674.12 I thence leaving said line North 89°07'05"West 40.00 feet to a point on a line 40 feet west of the West Line of Section 35 and the POINT OF BEGINNING of the parcel herein described(PARCEL'B"); it thence along said line South 00°52'55"West 1110.23 feet; thence leaving said line North 89°07'05"West 539.68 feet; p thence North 35°39'05"East 175.97 feet; t thence northeasterly 1066.66 feet along the arc of a tangential circular curve concave to the northwest having a radius of 2964.93 feet through a central angle of 20°36'46"subtended by a chord which bears IIII North 25°20'42"East 1060.92 feet to the POINT OF BEGINNING of the parcel herein described III (PARCEL`B") $ Parcel Contains 5.7 acres more or fess. Subject to easements,restrictions and reservations of record. I Bearings are based on the east half of the south line of Section 2 being North 87°02'48"West Total parcel(including Parcels"A"and`B")contains 1927.9 acres more or 1 ' less. y IIt WILSONMILLER, INC. 3 Registered Engineers and Land Surveyors Certificate of authorization#LB-43. 3 I 1 I Michael II Maxwell,PSM •650 # Not Valid unless embossed with the Professional's seal. 1 I Ref. 4E-50 W.O.: NO506-000-000-MABS I 1 Date: October 15, 1999 Revised: January 13,2000 I 1 t 1 l . i I l v i t l ,,,, X63.v,,oil- Lua (...J�� Y\ \`� /Z .007.00.3-0 1 1 1 ill I FORM DEO-BCP-PROPCHANGE-1 Rule 73C-40.010,FAC.Effective 11-20-90 (Renumbered 10-0141) I STA TE OF FLORIDA I DEPARTMENT OF ECONOMIC OPPORTUNITY DIVISION OF COMMUNITY PLANNING&DEVELOPMENT The Caldwell Building,MSC 160 107 East Madison Street ITallahassee,Florida 32399 NO'1'1F'ICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED I DEVELOPMENT OF REGIONAL IMPACT(DRI) SUBSECTION 380.06(19),FLORIDA STATUTES I Subsection 380.06(19),Florida Statutes,requires that submittal of a proposed change to a previously approved DRI be made to the local government,the regional planning agency,and the state land planning agency according to this form. III 1. z, C.....41412-1—c4 I it ,the undersigned owner/authorized P representative of DiVosta Homes,LPG her 4y give notice of a proposed change to a (developer) I previously approved Development of Regional Impact in accordance with Subsection 380.06(19),Florida Statutes. In support thereof,I submit the following information concerning I t}1C WINQING CYPRESS development,which (original&current project names) Iinformation is true and correct to the best of my knowledge. I have submitted today,under separate cover,copies of this completed notification to Collier County_ government) Regional Planning Council,and to the Bureau to the Southwest Florida 8� �$ Iof Local Planning,Department of Community Affairs. ;PI/13 4111t,....t54. . i 111, 2. Applicant(name,adds,p 1. i I Exhibit B :, Page '} of a 6 r AD DiVosta Homes,LP 24311 Walden Center Drive,Suite 300 Bonita Springs,FL 34134 1 (239)248-5309 3. Authorized Agent(name,address,phone). i Richard Yovanovich,Esq. Coleman Yovanovich&Koester,P.A. 4001 Tamiami Trail N.,Suite 300 I Naples,FL 34103 (239)435-3535 1 4. Location (City, County, Township/Range/Section) of approved DRI and proposed change. Collier County,T50 South,R26 East,Sec.35 and T51 South,R26 East,Sec.2. I5. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, I development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. I Indicate such changes on the project master site plan, supplementing with other detailed maps,as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. Winding Cypress was approved as a DRI on December 14, 1999 in Resolution No. 99-467 and Development Order 99-4. On the same date the property was rezoned to I PUD by Ordinance 99-93. The developer requested amendments to the PUD which were approved on June 25, 2002 by the Board of County Commissioners through Resolution No. 02-302 and Development Order 02-01. A scriveners error was II corrected in 2006 through Resolution 2006-018 The Winding Cypress DRI consists of 1,928 acres of land located in Collier County between U.S. 41 (to the south),C.R. 951 (to the west), Sabal Palm Road (to I the north) and Picayune Strand State Forest and Naples Reserve (to the east). The purpose of this application is to amend the PUD, which will contain the following changes: I a) An increase in residential dwelling units from 2,300 to 2,854 on 492 acres of land (previously 448 acres). Both Single Family and Multi-Family units (as defined by Collier County. The gross density will be a maximum of 1.4 UPA. I b) An increase in the acreage of lakes will be from 235 acres to 272 acres. c) A reduction in the amount of golf course,golf club,golf course maintenance and practice range from 164 acres to 0 acres. 18 holes, one clubhouse, one II maintenance facility, and one practice range were removed, resulting in the complete removal of golf as a use. i 1 d) An increase of 44 acres in preserve area,for a total of 840 acres. /4° e) Buffers,waterways,canal and FP&L easements are increased from 180 acres to 219 acres. I f) The build-out date will change to 2020. 2 1 i Exhibit B Page 2 ,of.2b, iko 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change.See attached Chart 7. List all the dates and resolution numbers (or other appropriate identification numbers)of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes(i.e.,any information not already addressed in the Substantial Deviation Determination Chart). DATE WINDING CYPRESS APPROVED BY BCC 12/14/99 RESOLUTION NUMBER 1999-467 A Winding Cypress amendment was filed that reduced the number of units from 2,892 to 2,300,reduced the golf from 45 holes to 18 holes,and increased the preserve area from 713 acres to 796 acres. DATE AMENDMENT FILED 3/18/02 DATE APPROVED BY BCC 6/25/02 RESOLUTION NUMBER 2002-302 Planning staff determined that the approved Resolution 2202-302 was not revised to be consistent with the PUD document that removed references to specific numbers for the different residential dwelling unit types as was intended. SCRIVENER'S ERROR CORRECTED 1/24/06 RESOLUTION NUMBER 2006-18 Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? No. If so,has the annexing local government adopted a new DRI development order for the project?N/A 8. Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within V2 mile on a project master site plan or other map. I N/A. 9. Indicate if the proposed change is less than 40% (cumulatively with other previous changes)of any of the criteria listed in Paragraph 380.06(19)(b),Florida Statutes. i Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. YES NO X 3 Exhibit I3 Page 3 of F I 10. Does the proposed change result in a change to the build-out date or any phasing date of I the project? If so, indicate the proposed new build-out or phasing dates. Yes.The project includes six phases and the build-out date will change to 2020.The DRI expiration date has been revised to December 31,2025 I11. Will the proposed change require an amendment to the local government comprehensive plan? I No. Provide the following for incorporation into such an amended development order, Ipursuant to Subsections 380.06(15),F.S., and 9J-2.025,Florida Administrative Code: , 12. An updated master site plan or other map of the development portraying and I distinguishing the proposed changes to the previously approved DRI or development order conditions. See Attached Master Plan I 13. Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: See attached proposed amendment to the Idevelopment order. a. All proposed specific changes to the nature, phasing, and build-out date of the development;to development order conditions and requirements;to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for I preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; IThe proposed changes to the Winding Cypress DRI involve removing Golf as an approved use, increasing the number of residential units from 2300 to I 2854 and changing the build-out date to 2020. The following land use summary depicts the proposed changes: I Land Use Proposed Acres Existing Acres I Residential 492 448 IVillage Center 17 15 ILake 272 235 th r , Right-of-Way 79 81 Recreational 9 9 4 I Exhibit B Page it of,1 6 1 I Preserve 840 796 I Miscellaneous,Buffers,Waterways, 219 180 Canal and FPL Easements Golf Course,Golf Club,Golf Course 0 164 Maintenance and Practice Range Total 1928 _ 1928 1 I I I b. An updated legal description of the property, if any project acreage is/has been I added or deleted to the previously approved plan of development; See attached legal description P c. A proposed amended development order deadline for commencing physical development of the proposed changes,if applicable; N/A. $ d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; I The build-out date has been extended to 2020 and the DRI expiration date to 2025 I e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down-zoning, unit density reduction,or intensity reduction,if applicable;and I N/A. f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025(7),F.A.C. The specifications for the annual report have been revised to reflect a biennial timeline. I 5 I/ Exhibit B Page .,#s ,of 42(a ■ _ r} 0 Q WW N 0 i . lc N O 0 A O o a O d = n. A ° I 0 W O /� U F-4 �' 0 O U ac a Q Q Q G .1- oz Z z Z 2 `� 14 U ZQ ;4 rte- _ O O Q a = a o I i rs4 A W C7 P U pp O .G E--, O .C, O O as F _ a is .° - U w G b o IIA _ am o a F .. w.. n o W cl 2. 5 h 2 PI u F U b cd ° o o c W E N U _ = N L W „, � U . 1 i aS � o T} U L / . O/ b 'C L ° b U ao 0 g c 0_ - OD F• a o 3 0 as ai >-. e o 0 3 k o U m o at cd a F. Y O a 3 �O W °p , of o t> I 0 cd A w CO = Q 0 c � ff z w E O d V - W ;”' -E . F V Q 7 -0a Exhibit B j Page. b of .b I , _ w - t. W a w 0 x 4 -c U w I Ap E j I O F' 5A a 2 4. O ra a. II P, U a Ii c- 18 I d a om I A w. . o Ii cn o0 1 wig at o V .., e•-•N W A a 0 0 g 'o o p V ,. a: g ti n- v p W ; o of .1 cv I Z F v L) I- a a;L � W 7 rrr. o a on F- o n u •,-. I i o w ° o aa , v 7? n a m ao a w o v c ' c� v v o ; c .1 o� V 0 0 m o c 7' ° V E x = Q ap 0 m o a c u C 0. , tj coo III Q Q v� Q v W Q Q d v 4t m v a) I Q 0 II W4 o A .� t O z on rn s C 0 y F ~ R 0 " z4 I Exhibit B Page 7 ,of .2 6 I W es zu o o. xz b A O -o • W I O d o A o W g a a Is 1 w o r OM 0 C F c 0 R I• O F'` Z o d Q o a. Z a. P. U o Q v W W o cA W 0 o 0 nit 0 O p. F ' 'B 0 -c Ii 0 an+°+ a; = cn �.. C C w ..0 C F W T 'd v eSM R U d H d b w o H 3 111 v ° a a c . 0 z go 0 o f E.-, U 61) m on .,ti C y c O ° R U w O• 04 Z 3 3 3 � o ° c R 0 o o •d w 0 o Y o R G y o c i CG c O > y C. ❑ > a V 5a o b e •5 „, w N 0 b o o c , 0 •3 4.).' n E 0 = 0 . E 0 2 0 71. g i i u U ° x U ac w I, ° ° CI e ° ° .c Q ` R g � L.7.1 O a t 0 •a a, W 2 W O Q s) o 0 E < v� o w 4t A 4 d N q 4t 4t 4t Q d w G.. Q w 0 gr 11 W A 0 I cn z ; e a . 0) o � R s - a w co CI. 64 a to o c o U o ¢) 3 ■ hi o z it v, z a z � Exhibit B Page A-of,i, W Ill ; (4 es.) o o N N y i 6 5 o A O E oQ M o N 2 0' C1 ar i v, v o I N rn ID g o..1 t) U c. C V Q U CCI Z o cn Q L a co G.) co ct N U i W o . Ea � (-4 I " O 0 0 ■ lit o 1!! A a . on O v a W 4 v °o I 1 i E.r F a ,--:. 9 a .� V 1 vs C O � '[ W . O C C v g os I O O C _ � E o v� _ 'Lq7 O ce U `'L aT 1 C p, 3 "O c6 E a5 g is C C. C ai O b CI t; 0■ i 1:1 x •CJ Q� o 0 0o -. a Q e U q 0 o bn E g U O C b v t 3 W Cj Q A a °��' w a4 4t Q 4 Ca co Q a1 •cn a, a Ca < z F at Q o o W It 4t w 2 � A °' § y ri 02 1 a "C3 2 Q a� es "' �! v P. i .a 'e" C 74 g ti di z� z b iExhibit B — _ p ,. afI ?_. I a w P. � w N r .54. "y O ,- IO V O A O v FP W F. 00 0 111 O Q o x a a 0 I E„, d o u U O '0 O O IC — < 0 .a 0 v OD r O y ey IW WEao o F o a> ° o ° pi O :n 6 O a 5 b y I .3 � I F4 0 o A a O r, c4 co O v c Il v o F. W d ° I c a w a IFI, • a C m a + °+ m O V O C` .0 S y ,U {I :C u o c e ii11i ~o , ., . E 03 1 W o W ° W O n o w W = xu I °:vi d p � w Q 4t Q ¢ u w 4t cn P o VI I W v o co co A 0 I- 10 73 0 0 r:121 4, C4 75 E O rO.. d v W ii. >r p —I F T z I IExhibit II 1 Page 10,of 42.,6 — I I 1 W cz vs rr .-. .) 1 U C H y ' CA /...1 U U vs p.W W ° o `A ,-.4 c o E'; p o am p a O U i E,, 0•° a, U ! A a O Id p a` ..z c W = o s I F, U -, an as c 45 E ° c „ c ,4-. 0 OD 09 c • c4 o c c v o cvn' u a a� = c .;--. N c c 0 o a 2 �o y o a w p a v' o Gb c •U c n to o a o a. o a o b g co 0 U ai C X c a o a 2 .2 o U 2 o 8 U O qd a W :� W Qq ,.*4 v u y = II ct d Q al 4, to 4, Q 4 Q �n F Q d Q .v: 0 A W a o 5 I P Td A z _ � ^ C � L c G v 1111 04 O F 7 QI in•va ° ° UUi ea C"' 0. ' ... � c Z U 5 .g 0. c.„ o w Z � I Exhibit B Page J of.2 b I 4r hg , ‘11 z V jAD � W o I C � cn Q ° `' a r 44 o C I H i 04 H "‹ I ! r a to crs r c ° A a) `o W a o0 p to c o a " ° A" cn ° 0 a bo I W U o • Q w U o U o U ° = L i r U O i v, H -V-. I I ¢ sr I 1 � � oo I A � o i a cal I I ,, c El °? 3 o ca i Z -o ! I Exhibit B Pagel a ,of#2.6 1 • • 1 ..... 1 I .. Ile I IRESOLUTION NO.2013- DEVELOPMENT ORDER NO.2013- 1 A RESOLUTION AMENDING DEVELOPMENT ORDER NO.94-4 AS AMENDED BY DEVELOPMENT ORDER 02-01, FOR THE I WINDING CYPRESS DEVELOPMENT OF REGIONAL IMPACT ("DRI")BY PROVIDING FOR AMENDMENTS TO INCREASE THE NUMBER OF RESIDENTIAL DWELLING UNITS;TO ELIMINATE THE ACREAGE OF THE GOLF COURSE ANPICQRRESPONDING I NUMBER OF HOLES; TO INCREASE,.,1. E AMOUNT OF PRESERVE AREA AND BUFFERS,WA YS,CANALS AND FP&L EASEMENTS, AND TO It l h.: ND THE HISTORICAL/ARCHEOLOGICAL"44, SECTIOI+,'".;, THE TRANSPORTATION SECTION)4`I E VEGTA,N, AND WILDLIFFJWETLANDS SECT; AND THE PUD DOvMENTS SECTION; TO PROVIDE `PQR. FINDINGS OF'4 ACT; I CONCLUSIONS OF LAW; Err>rC1��UF . IOUSLY ISSN DEVELOPMENT ORIY �'RANSMIT�'1"A3+ DEPARTMENT OF ECONOMIC OPPORTC3$tW' ND EFFECITSXDATE. 1111 WHEREAS, on S ber 2, 1991io$arron Co n accordance with Subsection 380.06(6),Florida Statuf ; '40 ppIIcati p ;t p l(ADA)of a Development of Regional Impact(D ) wn as Winding C re Collier County and Southwest Florida Regional I Planning Council("S i and€tea a N4:, REAS,oriAte,ernbei` 4. 1999,the' ud of County Commissioners,at an open public I bearing\_g iordance witt tton 380])6, Florida Statutes, having considered the Application for Development�tova1 of a Deopment ofRegional Impact submitted by Developer;the report and recommendationsstbe S1lie record of the documentary and oral evidence presented to the Collier County Plannin o¢u report recommendations of the Collier County Staff and °4 w. x • Advisory Boards;and the tt�iiiiide at said hearing,issued Resolution No.99-467 and Development Order 99-4 approving the Winding Cypress DRI;and WHEREAS,oa March 8,2002,George Varnadoe,on behalf of Barron Collier Company,Ltd. (hereinafter"Developer"), the successor in interest to Barron Collier Company, and the owner and I developer of the Winding Cypress DRI,filed a Notice of Proposed Change("NOPC")requesting that the Board of County Commissioners approve the following changes to the Winding Cypress DEL an increase Iin the number of residential units;an increase of 83 acres of preserve area;a reduction in the amount of 1 I Exhibit B Page,) „.of i t ' 16 i Igolf course uses by 18 holes,one clubhouse,one maintenance facility and one practice rangy a redesign and relocation of approved uses within the Winding Cypress DRI as depicted on the DRI Master Plan I marked "H-1" and the amendments to the terms and conditions of the Winding Cypress DRI Development Order as approved below;and IWHEREAS,the Collier County Planning Commission has reviewed the considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC)and held a public hearing on the NOPC on June 10,2002;and `'•g. «^tGfr.u WHEREAS,on June 25,2002,the Board of County ,,ipoers,at an open public hearing in I accordance with Section 380.06,Florida Statutes colaglered the NOPeOrt approved the amendments to the Winding Cypress DRI development Order ag4ctiOproved the revised'W lding Cypress DR1 Master Plan,marked"H-1"by the adoption of Resolution 02}392 and Development Order >f-01. I tv a S. , WHEREAS, on +'[ovanovrch,cOehalf of Barron Collier Company,Ltd. (hereinafter "Developer"), the owner ancl.:feeeloggrof the g Cypress DRl, filed a Notice of Proposed Change("NOPC" retluesung that4te Boa4 of,County ssioncrs approve the following ' changes to the Winding. pteaq RL: an inet+sase iq,4d"rtggftbr,£of residential units; an increase of ' !t.Ss. acres of preserve a redst ;errd relocifp§ol''approved tries within the Winding Cypress DRI as depicted on the DRI Matgr,plan n; ted"H-1"silk the amendments to the terms and conditions of the &' { veOlA Winding C ;4bi' Vevd w;and 4471,, 4'131,-- `-..::, S,the Boni f Co WEA "lp unl,Corrurrrssioners as the governing body of the unincorporated i area of Collier„ unty having jnrctnontpiiisuant to Section 380.06,Florida Statutes,is authorized and Y empowered to conSi(ter Applicatro 'for Development Approval(ADA)for Developments of Regional IImpact and Notices ofP,fpposecl C ge(NOPC)thereto;and t� k t WHEREAS, the public notice requirements of Chapter 380, Florida Statutes, and the Irequirements of the Collier County Zoning Ordinance have been satisfied;and I WHEREAS,the Board of County Commissioners passed Ordinance 2-35 on July 9,2002 which y rezoned the subject property to PUD and the Developer has requested the County to approve amendments to the Winding Cypress PUD to conform with this DRI Development Order,and 1 r Exhibit B Page t' of.Z 6 . i I. I I . WHEREAS,the issuance of an amended Development Order pursuant to Section 380.06,Florida Statutes,does not constitute a waiver of any powers or rights regarding the issuance of other development Ipermits consistent herewith by the County or State;and WHEREAS,on ,the Board of County Commissioners,at an open public hearing I in accordance with Section 380.06,Florida Statutes,considered the NOPC and approved the amendments to the Winding Cypress DRI development Order and approved the revised Winding Cypress DRI Master Plan,marked"H-1"attached hereto as Exhibit"C". O INOW THEREFORE,BE IT RESOLVED by County Commissioners of Collier County,Florida that: z`'t Vii:., h SECTION ONE AMENDMENTS TO DEVELOPI T ORDER + - ' a il; < k> ly e. .$0-1.-.` A. The Findings of Fact Section of ent Order tss amended by Development Order 02- x 01 the Winding Cypress DRI,is hereby am d 404re d 9s Eon ISO �.. r t- -'`''2'.-'' '.:;:*"FINDINGS OF i* s"•'f ., 1� 1. The " is the of the ADA legally described as set forth in I Exhibit z• 3. 5Ma�3 •...tr,,,:11,..„,r3;„34v,,,_,IiiititH, K q f The with' 380.06(6),Florida Statutes(2013).lt 3. '11-Abe Develop tnitted 6Q`the County an ADA and sufficiency responses, hereby to as write Exhibit`B which by reference thereto are made a pan of su a het'eor4t'��-ttte ext '•'drat they are not inconsistent with the terms and conditions of this Order,as�ad ; 1 4. The Developer,proposes development of the Winding Cypress Development of Regional Impact,as shown on the master Plan attached hereto as Exhibit"C",and consisting of 1,928 acres,which includes; It , (t Tana,new , rt. A total of 43457,854 residential dwelling units,on 48;836 49:Z acres Formatted Indent Rost tee:0 with a maximum Gross density of 1.4 fonmattedr Fart:(D&& Times New Rornan 111 formatted:Font:(Default relies New Roman j I i I Exhibit B Page IS of.2 17 I , . 4 I B. Village Genter-Centers consisting of4.443050.000square feet of Gross Floor Area . , . (GFA)of rea'eetionei-facilities,in addition to a clubhouse; 3.64 aeres- D. 23372 acres of lakes; E. 54-79 acres o f right-of-way; i. F. 9 acres of recreational lands;and ' G. 796 acres of preserves,and 4.84/24, 5a P ` t��neeUmteous buffers,waterways, canal,and FPL easements, Q0,; ; ;X� hi tit' . zli 5. The development is consistent Wilktite. report at(recommetlgns of the SWFRPC submitted pursuant to Subsection 380 Statutes '"'" 6. The development will T'.With the ac of the objectives of the adopted State Land Development Plaalappliu .a e area ti 7. A ive ew of the t enerated b..,7,,,„„e development has been conducted Ibyte ate departure and agencies and by the S WFRPC. - The de ent 4in an are�`degtgrsatnd an Area of Critical State Concern pursuant Ito the proviso of Sec a`.380.05,Florida Statutes,as amended- 9. evelopment a consistent with the current land development 3�, p regulations and the IOro%h �atrage u plan of Collier County,as amended. I10. The development is consistent with the State Comprehensive Plan. B. Paragraph 2, "Historical/Archeological,"of the Conclusions of Law Section of Development II Order 99-4 as amended by Develonment Order 02-01,the Winding Cypress DEl,is hereby amended to read as follows: 1511 . . - , , . 1 1 i Exhibit B Page 16 of 2 b ■ I ,. I IHISTORICAL/ARCHAEOLOGICAL I I. Archaeological sifts 8CR786,SCA787,8CA788,Y.C-14.789,8CA799,8CR791,8CA792, .. !! I 8CR793,8CR794,8CR795 and 8CR796 within the Winding Cypress property shall be preserved in perpetuity and shall be recorded as"Preserve"on all appropriate plats,site plans,and the Master Development Plan for the Winding Cypress DRI. 2. In areas where the sites are located in the vicinity of proposed development,a buffer or conservation easement averaging 25 feet in widt 'or equivalent protections,such as temporary fencing or other structural bane be preserved or constructed around • the archaeological sites. Exotics removal liti*Was shall be by hand labor. t?,'t ` � 3. The Developer shall cooperate ,ithe Department ofiit4T Division of Historical ( Resources "DHR")property c4itialed invesn�ators,when+.such access can be Y reasonably accommoda �' v ,,, . '3:ve 4. If any additional arch ogl rival siQnre uncovered during the proposed rill development activities, all y"ipvgrk initlrF, tnmediat iunity of such sites shall cease S,. ittunedtatfit4Devetopehall SWl}itPC,and Collier County so that a sta fled aar alogtst `. was 'ne the signifcance of the findings and b , ' rtsooatrdsttLp tnservatiorrd mitigation actions,as necessary. i s' ` x w'rx,4, ;`; ` cott�hpents by the Developer within the ADA and subsequent sufficiency I 7?x round trtfnr n,rd to historical and Archaeological Sites are hereby incorporated reference to li tent they are consistent with Paragraphs 1—4 above. . .az, t, I C. Paragraph 5,"rfs portal f of Development Order 99.4,the Winding Cypress DRI,is hereby amended to read as follows . I TRANSPORTATION[ I. The Developer or its successor or assigns shall be fully responsible for site related roadway and intersection improvements required within the Winding Cypress DRI, including project access points on CR 951 and US 41. The following project access points onto CR 951 and US 41 shall be • located consistent with the Winding Cypress master Plan,attached hereto as Exhibit"C",and constructed • consistent with Collier County and FDOT's permit requirements: ! III II 1 IExhibit B Page 17,.,of•2 b • II II/111 Illir I I (a) CR 951 at North Project Entrance (b) CR 951 at South Project Entrance (c) US 41 al East Project Entrance • 2. The Developer shall provide its proportionate share of the costs of necessary at grade I intersection improvements including,but not limited to,right of way,cost of signalization,turn lanes,and other improvements deemed necessary by Collier County to maintain the adopted level of service of the following significantly impacted intersections through DRI project-14ild out ini2888which is December I 31.2020. rr (a) US 41 at CR 951/SR 951 ;".,F` "3,.-1,„.„,. , L 'ty`'` �' II (b) CR 951 at SR 84/Davis I} 3. Improvements to the facilities outlined ndini4 C.2,above,sharps..made at the time 1 t L".e`'4 that the intersection is expected to opt+ut worse than it evel of service standard adopted in the �w Collier County Comprehensive Plan or sl be; atnmed fot„ponstruction within three years of that time. No building permits for Phase 2 of this prof et ,I be isstretdamlesss the improvements are 41 p a)complete,b) under dq',.c)the sub oft l ntified, executed and recorded local government developttteptagreemeni}pnststent ysgi kee. 163.3220"through 163.3243, F.S., ensuring completion concurrent wt the rmpgglti pf developig t;d)the subject of a binding commitment from Collier Coup r $coup � tit,with<(1C.impacts of development; e)the subject of a bi tment b}I4 count�a3r the current years of the Capital Improvements Element;or f) I the subject f a binding at% en forceible;,committnent by the Developer to provide the improvement concurrent with,:the impacts oVdevelopmtsu. Any combination of the above which ensures the improvement to Qie'facili is pro ty' aLcpscccptablc,provided the SWFRPC,Collier County,and DCA agree I that the combination the inlifppg the transportation uniform standards rule. �efi fi As an alfasts this requirement, the Developer may pay a "proportionate share contribution", calculated cona'stent with the formula in Paragraph 9i-2.045(1Xh), F.A.C., to Collier I County for this improvement. The proportionate share payment shall only be applied to the immediate construction of one or more improvements to regional facilities significantly impacted by the Winding Cypress DRL A portion or the entirety of the Developer's proportionate share contribution may be Iprovided through the Developer's payment of Collier County road impact fees. No building permits for Phase 2 shall be issued unless the proportionate share payment and a commitment to use the payment for the construction of a needed improvement,in accordance with the options listed in the paragraph above 1 Ili, . I I Exhibit B Page,f g of 42, i • 1 I I. I x are received by the County. Any delay or change of the proportionate share payment shall require a reanalysis of the payment amount in a Notice of Proposed Change. and con txovortionate share costs of the necessary at-trade improvements its referenced in this condition dition C.2.have been satisfied¢v the payment of roads impact fees. II 4. To determine the project impact on regional facilities,anLaaneal--bicnnialmonitoring report shall be submitted to Collier County,Florida Department of Transportation,Florida Development of Economic Opportunity, and SWFRPC yrreview and approval. The first I monitoring report shall be submitted one year after the r of the approval of the Development axMd mta thereafter Order for the Winding Cypress DRI. Successive reports a i} be stetted eaaaal•!y-hjSt__Uy �X7 � until build out of the project. v",;4' At a minimum, the report shall itiin a summary of a'gbs uction and development . ks activities to date,in the categories of development i rec in the Develop .Order. In addition, the report shall contain p.m.peak hour trip generationYl �`to caning impro at each of the I � s project's access points and the off site �� ons]tstod�itt�tiagtaph 2 above. This report shatl also provide a calculation of the existing level se c bl,the proj s points and the facilities listed in ; > age Paragraph 2 above. Finally an estimate of levelif��cted to be added by the project riP I for the forthcoming yet T s•provided motutorthg shill identify the status of the road improvements essum*be commi and deviations'fr;m the identified schedule. 't,:',,,,,, ''''-‘e,, ;.'i. S, cten pedestrian and bicycle movement within and betwea e'developmettiy ooulri ts, and td acent properties as deemed necessary by Collier I County. d-a °' 6. 7` eveloper ,'?1 promote transit service through the inclusion of bus stops or other I appropriate transit ra�ints design,consistent with Collier County transit plans. _ y 7. The Develops?may select one or more of the options listed in Paragraph 3 above to the I extent that options provide adequate commitments for improvements indicated above to significantly impacted regional roadways and intersections. Whatever options are exercised however,shall be done with the understanding that the following conditions shall be met: • (a) The anneal-biennialmonitoring reports lead to the conclusion that one or more of the regional intersections are operating at worse than the adopted level of service and the project is 1 ill , I Exhibit II Page i q of, ■ 1 - - :, ,,,,,..-. .,-.,,,..;........„. 1 , . . . . . . contributing more that 5%of the adopted level of service capacity,the further building permits and certificates of occupancy shall not be granted until the standards of the County's Concurrency IManagement System have been met. (b) The transportation impact to the intersections identified in Paragraph 2 above, Ishall be appropriately addressed consistent with the County's Concurrency management Ordinance and any Local Government Development Agreement or commitment by the Developer and/or the local government to insure concurrency on all significantly impacted regkiniikroads and intersections. I 4.�A'y+^"�h D. Paragraph 6, "Vegetation and Wildlife/Wetlands ment Order 99-4, the Winding Cypress DRI,is hereby amended to read as follows: 1 r a; c lie f However,Chapter 163.F.A.has beep amended to)emove transportation concurrence. If transportation concurrence is removed from the Collier Coaq F-Growth Mana¢ettlent Plan or the ' Counrv's Land Development Code,the deveJrn>gr would no Eon"er be subject to these conditions. ah P VEGETATION AND WILDLIFP./WE'LANDS'" 1. The negd. k wife crosstn ands r °-tor roadways crossings of the r,,.z. preset Frees shall a reviewed` oocdinatioA avith the Florida Fish and Wildlife r , ICortservatl `y(w��oim�mdr A(FFWC1 part of the ERP permit process. Revreo✓ '41,4.,..x i `4tat14,specis'aq ,tabitat impacts/mitigation shall be addressed in I y , �c�o[+dtaauotitw"�,(gh FF1kTt�during the ERP permit process based on specific site plan ,, ,. At a tl mum, ft Preserve Area Wildlife'Habitat Management Plan on Junes13;1999,shall be implemented for the preserve area ''7":"4,:}1,3. A mmtmutf�e4 acres of wetland and upland enhancement preserve area shall remain in corieevation areas post development;a conservation easement shall be grace devatplace<i over all conservation areas. 4. Native landscaping shall be used to the greatest extent practical. The Project will nicer Ithe criteria of Section 2.4.4.1.of the Collier County Land Development Code which requires 75%of the required trees and 50%of the required shrubs to be native plants. 1 IExhibit B Fagea',.,Q of a26 i 1 . I I III , _ , , ,.., , ... . , • . . . ,. . 1 5. Impacts to any gopher tortoise burrows shall be handled through the FFWCC lake asr Relocation Permit process. I 6. Upland and/or appropriate structural buffers will be provided per the SFWMD Basis of Review. . E. Paragraph II,"PUD Document,"of Development Order 99-4 as amended by Development Order 92-01,the Winding Cypress DRI,is hereby amended to read as follgv5 PUD DOCUMENT ''.F There is a PUD document( 13- )pproved by the Collier County '- `. ^° ''^^^��.2013,which also "errs the Winding Cypress Board of County Commissioners ors t1 g YP DRI. The Developer acknowledges that the cot�,and commitments oftfPUD Document also Y I govern the development and use of property within W g even thougl 4PUD Document (Ordinance-82-3-5 2013- ),is specs made a pa i Development Order. SECTION TWO:FINDINGS OF FACT , v tt. '1,4. � A A. The rea ,meaty w is the s this Development Order,including the Winding tt, Cypress Auden,is al d set forth in Exhibit"A",attached hereto and by r atr �� gig= ,3 r.. 4, 1,13„ I ]3O^i-, The applies i't'u m with ect Sion 380.06(19),Florida Statutes. a C. plicant s�ed to the County a Notice of Change to a Previously Approved I DRI, k�pd as Ei bit"B",and be reference made a part hereof. 4, D. The appiie predecessor in interest proposed the development of Winding Cypress on 1928 acres of land for a mixed-use development consisting of residential,commercial e and golf club uses as described in Development Order 99-4. IE. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments and Ithe SWFRPC. liii - Exhibit B Page, l„of,L4, s 110 1 I F. The Development Order shall remain in effect until December 31,2025. ISECTION THREE:CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order as presented does Iconstitute a substantial deviation pursuant to Section 380.06(1),Florida Statutes. The scope of the development to be permitted pursuant to this Development Order Amendment includes operations described in *Notice of Change to a Previously IApproved DRI,Exhibit"B",by reference ma'lg t hereof. r;, B. The proposed changes to the previot :approved dicpment are consistent with the z. ,x report and recommendations oftkoRtWfRPC. s$ wtA x ZA:, w r�; I C. The proposed changes to the previously development'wiir:Aot unreasonably interfere with the achievement of the objeC ti4t of the adopted State Land Development Plan applicable to the area, ,''w'4t,, t i III D. 'the cf' ` s to the p oust t`` Xfi „]�evetcrpment Order are consistent with t� '�'. �w`�. r i gyp.,=. the C+ r County wth Plan,as'ai sended,and the Land Development I Rcgulattotttoptt '`,„ F 9 s ' The p�e,d char o the pr'evroo approved Development Order are consistent with ' 4t°' rn. the State Coehensrve9an. 4,,,5,...` '14.n 'aio. I SECTION FOUR:EF Ti OF PR, VIOUSLY ISSUED DEVELOPMENT ORDER,TRANSMITTAL *.,_, TO DCA .);FECTIVE DATE IA. Except as amended hereby,Development Order 99-4 as amended by Development Order 02-01,shall remain in full force and effect,binding in accordance with its terms on all ' Iparties thereto. B. Copies of this Development Order 6&U- ahAll be transmitted immediately upon I111 execution to th= .••:-. • _.:--, ...:.. : -, _ I I • • I ]Exhibit B Page orki i I i I . Rkinitifir..D epartment of Economic Opportunity, and the Southwest Florida Regional Planning Council. IC. This Development Order shall take effect as provided by law. I BE IT FURTHER RESOLVED that this Resolution be recorded ta.ibd'utinutes of this Boatel s This Resolution adopted after motion,second and majority yew. a -n,7 FM Dane this day of 2013. S ATTEST: " 1-,z:` �x , IDWIGHT E.BROCK,CLERK 4 +. �. t II/ k,.+$ k:11:`, Z�S y I ' Approved as to form and Ii gB1 uffci�9 + r BOARD OF COUNTY COMMI5SIOMERS `2'i. 0 `,`�t :COLLIER COUNTY,FLORIDA -:.� . ?ten; III Assistant pttorne '9,41 By:. AIRMA N . I I 1161. ,.. 1 I Exhibit B Page 3 of. I Ilk -, .5110, _. , ....__ __ _‘ 111,1".:`71.1 _ .-..-_,,,,- t 1. 1 I ...p.: ...,..t 7A,... .,..„..rirr, .„ - .4...„,,,,i,,ii .Ile i �' ....r M�..� III,,.E ;rp ,,c .�' :: ,21-01. „s_- ii::aA ,. 3a .u.� .. t !'fi r r,-4%J......1 1..,t;71,1 $ e Y a yn I . a t' !k ..,, E r ` - ° e r'2, .}"7 i i r S td-�e• C. 9 6 a &'-FNe I k , 244 : `t /f . i i:714,„ **„.';:.:"./ 1, 1 ; _1 I '�� Y - -_7 _ "q)� -"age•' ,- , S * 4 b- ,'7 4"4,`,4* `_ it- 1 T`}J Nb * t "� Y 1. 4# ci n Q tie � . !fir ,, 10 - ,are f �.Tr, ss+* .Z.,,.; i L at '7,: 7 y r € pelt ,_ ,•,s. a ' "..! i3,! it -'-'''''.**-4-74::7471a',..!1'.4- fzi.t't;.14 it.,1--s, ° t 2�'-� 1' "a +s tom, C$d i ; b t a q,►i 1-....., Itail 11 /3 I s i II- a r 1 y %.: 't l�k , '''S.;, r:t n•.wa t!- Iii 66....:..--7 - 7.4.:;--- --- "‘ '' t.■ i ° w ,,''' .---, g I *E r . , i ri - - ': 1 , , 1 ,1 „14: - . ..,‘,„ri- .., 1 , , . , .,:_„,-, It , 4 , .., ti3eVtak , 14 I ! ., art" 1 I ',.3 4 - Nevi kl ng,� &ErtyhMe,sp . 4 I Description of Part of Sections 26,34 and 33 of Township 50 South,Range 26 East, and Sections 2 and 3 of I Township 51 South,Range 26 East Collier County,Florida. (PARCELS"A"and"B") I All of Section 26,Township 50 South,Range 26 East,Collier County,Florida;less and except the north 30.00 feet (for road right-of-way)and the west 100 feet(for canal right-of-way)therefrom; AND ALSO All of Section 35,Township 50 South,Range 26 East,Collier County,Florida,less and except the west 60.00 feet(for canal right-of-way); AND ALSO Part of Section 34,Township 50 South,Range 26 East,Collier County,Florida; I AND ALSO Part of Section 2 Township 51 South,Range 26 East,Collier County,Florida; AND ALSO Part of Section 3,Township 51 South,Range 26 East,Collier County,Florida; I Being more particularly describes as follows: PARCEL"A": BEGINNING at the Southeast corner of Section 2,Township 51 South,Range 26 East,Collier County,Florida; thence along the south line of said Section 2 North 87°02'48"West 2717.79 feet to the South Quarter Corner of said . I Section 2; thence continuing along said line North 89°27'31"West 233.96 feet; i thence leaving said line North 54°21'26"West 3802.70 feet along the northeast right-of-way line of U.S.41 thence mi Trail); i 1/11) thence North 20°14'55"East 2036,85 feet; thence North 69°45'05"West 45.00 feet; thence South 89°15'14"East 60.00 feet to a point on a lino lying 60 feet east of and parallel to the West Line of said I Section 2; thence along said line thence North 00M4'46"East 1350.52 feet to a point on the North Line of Sc tion 2,said point on a line lying 60 feet east of the west line of said Section 35; , thence along said line North 00°50'06"East 2614.26 feet; I thence continuing along said line North 00°52'55"East 2619.36 feet to a point on the North Line of said Section 35; thence along said line South 89°33'56"East 40.00 to a point on a line lying 100 feet east of and parallel to the west line of Section 26; I thence along said line North 00°50'24"East 2633.11; thence continuing along said line North 00"50'18"East 2604.58 feet to a point on the Southerly Right of Way line of Sabel Palm Road,said line being 30.00'south of the north line of said Section 26; thence along said Right of Way line South 89°37'03"East2541.99 feet; I thence continuing along said lime South 89°37'26"East 2642.03 feet to a point on the East line of said Section 26; thence along the East Line of said Section 26 South 00'14'00"East 2606.72 feet to the East Quarter Cornea of said Section 26; I thence continuing along said line South 00°14'36"East 2636.75 feet to the Southeast Corner of said Section 26; thence along the East Line of said Section 35 South 00°24'57"West 2638.06 feet to the East Quarter Corner of said Section 35; thence continuing along said line South 00°23'29"West 2637.20 feet to the Southeast Cotner of said Section 35; I thence along the East Line of said Section 2 South 00°40'26"West 2301.59 feet to the East Quarter Corner of said Section 2; thence continuing along said line South 00°40'46"West 2750.15 to the Southeast Corner of said Section 2 and the POINT OF-BEGINNING of the parcel herein described(PARCEL"A"); Parcel Contains 1922.2 acres more or less. Subject to ease,restrictions and reservations of record. p Bearings are based on the east half of the south line of Section 2 being North 87°02'48"West. a PAGE 1 OF 2 Naples Fart Myers Sarasota Tampa Tallahassee Panama City Beach 3207 Bailey Lane,Suite 200 Naples,Florida 34105 941-649-4040 iiir 941.643-5716 OD Iyiyy,.,aay.,011-64100°1N, www.witsaniniiier.com Exhibit s.8e7.o0Y• WhsonAlFerinc,—FL Llc.I LC•C000170 ERA!lUit B Page 42,of, i 1 sr.. Wils©nMiiller New Dimctions In Planning,Design&Enp(ntertrrp Dcsaiptinl of Put of Sectioaa 26,34 and 35 of v. I Township 50 South,Range 26 East,and Sections 2 and 3 of Township 51 South,Range 26 East Collier County,Florida. (PARCELS"A"and"B")Continued; I ALSO INCLUDING THE FOLLOWING: PARCEL"B": COMMENCING at the Southwest Corner of said Section 26; I thence along the West Line of said Section 35 South 00°52'55"West 674.12 feet; thence leaving said line North 89°07'05"West 40.00 feet to a point on a line 40 feet west of the West Line of Section 35 and the POINT OF BEGINNING of the parcel herein described(PARCEL`B"); thence along said line South 00°52'55"West 1110.23 feet I thence leaving said line North 89°07'05"West 539.68 feet; thence North 35°39'05"East 175.97 feet; thence northeasterly 1066.66 feet along the arc of a tangential circular curve concave to the northwest having a radius of 2964.93 feet through a central angle of 20°36'46"subtended by a chord which bears North 25°20'42"East 1060.92 feet to the POINT OF BEGINNING of the parcel herein described (PARCEL"B"). Parcel Contains 5.7 acres more or less. ; I Subject to easements,swt,ictions and reservations of record. Bearings are based on the cast half of the south line of Section 2 being North 87°02'48"West Total parcel(including Parcels"A"and"B")contains 1927.9 acres more or less. IWILSONMILLER,INC. Registered Engineers and Land Surveyors . IDCertificate of authorization#LB-43. By: 1 --Marcus L.Berman,P.S.M.#5086 I Not Valid unless embossed with the Professional's seal. Re£ 4E-50 W.O.: N05066-000-000-MABS1 i Date: October 15,1999 Revised: Jerry 13,2000 • • I I I PAGE 2 OF 2 I 111° I 43154-0iii w.:O11.hSSOCIMAH Exhibit B �ae1 Page;4 of,2 b vo e r EA''"". r -"fist 4r �+'," '.; G Mad..M.li 0.1' '�4 �� _"` a 1?.:'tez.„4,-niowt.ttos '+".� ;:w fin^'.' t,.tea+ a,..-- m , -I J :1tIh _ 1 r-, y ,r a 4 ;. s4„, ; §D1` F.a } *?i js w�_z }at,...e--s ztj ”, I I. �� ka 3 .. �s� 8' ffl ��r� I3 , q F. .. , fi . ` :'. . 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