HEX Final Decision 2014-09 HEX NO. 2014—09
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20130002079—Artesia Naples (Master) ASLI VI, L.L.L.P., Artesia
Naples (Village Homes East) ASLI VI, L.L.L.P., and Artesia Naples (Mansions North)
ASLI VI, L.L.L.P, are requesting an insubstantial change to the Lands End Preserve
Planned Unit Development (PUD), Ordinance No. 2003-04, to modify development
commitments relating to off-site transportation improvements, to provide for additional
off-premises directional signage, and to amend the PUD Master Plan to reflect a change in
location and reconfiguration of the Recreation Center (RC). The subject property is
located on the west side of Barefoot Williams Road, north of Tower Road, and southeast of
Wentworth Estates PUD, in Sections 4 and 5, Township 51 South, Range 26 East, Collier
County, Florida consisting of 262.9±Acres.
DATE OF HEARING: April 10, 2014.
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the public,
and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in
Sections 10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the
petition should be approved.
ANALYSIS:
This hearing was continued from a prior date in order for the applicant to provide additional
information to demonstrate that the various amenities committed at the Neighborhood
Information Meeting could be developed within the reduced upland acreage requested for the
Recreation Center (RC) tract. Previously, the PUD Master Plan under Ordinance 2003-04
depicted the RC tract as approximately 12 acres of land area. Subsequent to that PUD approval, a
staff Zoning Verification Letter(ZVL) (see attached Exhibit "2") was issued reducing the upland
area for the RC tract from approximately 12 acres to approximately 3 acres, and changing the
remainder of the RC tract (approximately 8 acres) from land area to lake area. This ZVL was not
previously challenged and therefore is effective. Nonetheless, the applicant decided to include
the RC uplands reduction as part of this PUD insubstantial change process.
As a result of the additional time granted by the continuance, the applicant was able to
demonstrate that the reduced acreage can support the required recreational components (see
attached Exhibit"4").
The reduction in the RC tract land acreage is warranted due to changes within the overall design
of this PUD. Originally a golf course component was included, and with that component the
need for a larger amenity center was more relevant. The applicant indicated they will not be
1 of
building a golf course (see Overall Site Plan attached as Exhibit "3") and therefore the larger
land acreage for a golf amenity center is no longer necessary.
In addition to the change in the RC tract on the PUD Master Plan, this application included three
other changes. One change was for a sign deviation to permit an off-premises directional sign.
A sign was previously planned in the off-site location, but at a time when the LDC language was
less restrictive. With the passage of time, the prior location does not currently meet the LDC
requirements for off-premises directional signs and therefore the applicant requested a deviation
under the Signage section of the PUD document. The off-site location is owned by an entity
other than the applicant and the applicant is required to have an agreement with the property
owner for a sign at the off-site location.
The other two changes relate to two traffic conditions within the Development Commitments
section of the PUD document. Due to the timing of those commitments, neither is currently
warranted as originally written. Transportation staff has recommended revisions to those
commitments to include changes in the timing and construction of the improvements to better
coincide with conditions that exist today.
No members of the public spoke in opposition or in favor of this application.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20130002079, filed by D.
Wayne Arnold of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esq.,
representing Artesia Naples (Master) ASLI VI, L.L.L.P., Artesia Naples (Village Homes East)
ASLI VI, L.L.L.P., and Artesia Naples (Mansions North) ASLI VI, L.L.L.P., with respect to the
property as described in the Lands End Preserve PUD, Ordinance No. 03-04, for the following
insubstantial changes:
• to modify development commitments relating to transportation improvements, by
amending Section VI, General Development Commitments, subsection 6.7,
Transportation;
• to provide a deviation for an off-premises directional sign by amending Section 2.16,
Signage; and
• to revise the size and location of the Recreation Center (RC) tract by amending the PUD
Master Plan.
Said changes are fully described in the Lands End Preserve PUD amendment attached as Exhibit
"1", and are subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit 1 —PUD Amendment
Exhibit 2—Zoning Verification Letter dated September 12, 2013
Exhibit 3 —Overall Site Plan
Exhibit 4—Amenity Center Site Plan (for illustration only)
LEGAL DESCRIPTION: See Ordinance No. 03-04, the Lands End Preserve PUD.
2 of 3
CONDITIONS:
1. The Recreation Center tract, as depicted on the PUD Master Plan, will be a minimum of 3
upland acres and shall include, but not be limited to, the following: a clubhouse, a multi-
purpose court component, and a resort style pool.
2. The clubhouse in the Recreation Center area will be open by December 31, 2016. Building
permits will not be issued after that date if the clubhouse has failed to obtain a certificate of
occupancy.
3. A portion of the adjoining lake (minimum of 8 acres) within the Recreation Center tract will
be available for use by residents for fishing, remote control boating and other uses consistent
with recreational uses.
APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County
Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing
Examiner Decision is rendered.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS
DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL
USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR
INFORMATIONAL PURPOSES.
y`Ii - Z° piA. --___
Date M Strain, Hearing Examiner
Appro ed as to fo and legality:
Scott A. Stone
Assistant County Attorney
13-CPS-01282/43
3 of 3
Exhibit "1"
Page 1 of 5
Lands End Preserve PUD
Amend Ordinance Number 03-04
AMENDMENTS TO PROJECT DEVELOPMENT SECTION II OF THE PUD DOCUMENT
ATTACHED TO ORDINANCE NUMBER 03-04, THE LANDS END PRESERVE PUD
Section II, entitled "Project Development" of the PUD Document attached to Ordinance
Number 03-04,the Lands End Preserve PUD, is hereby amended to add as follows:
2.16 SIGNAGE
A. GENERAL
All signs will be in accordance with Division 2.5 of the Collier County Land Development
Code except in the following instances.
1. Deviation#1 - Two ground or wall entrance signs are allowed at the entrance
to each individual residential tract shown on Exhibit"A" and shall be limited
in size to 60 square feet each and shall not exceed a height of 6 feet. These
signs shall not contain more than the project name of the individual tract, the
main project name, and the insignia or motto of the project. Said signs are to
be located so that they are visible only internal to the Lands End Preserve
PUD.
2. Deviation #2 - Two ground signs fronting on Barefoot Williams Road, one
north and one south of the main project entrance, shall be allowed in addition
to other signage allowed by Division 2.5, of the Land Development Code.
Each of these permitted signs shall be limited to 120 square feet in area;
supplemented with significant landscaping; contain only the main project
name and insignia or motto of the entire development; and be architecturally
compatible with landscaped buffer along Barefoot Williams Road and the
common architectural theme of the entire project.
3. Deviation #3 seeks relief from LDC Section 5.06.04G, Off-premises
Directional Signs, which permits off-premises directional signage where
located within 1,000 feet of the property to be identified, to allow one off-
premises directional sign, limited in size to 32 square feet and a height of 8
feet, subject to owner's permission or grant of easement. The sign is to be
located approximately 3,200 feet from the subject property, at or near the
intersection of Collier Boulevard and Tower Road as shown on the Legal
Description and Sketch (Drawing: B-3172)attached hereto as Exhibit`B".
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Exhibit "1"
Page 2 of 5
EXHIBIT"B"
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Exhibit "1"
Page 3 of 5
AMENDMENTS TO GENERAL DEVELOPMENT COMMITMENTS SECTION VI
OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NUMBER 03-04, THE LANDS
END PRESERVE PUD
Section VI, entitled "General Development Commitments" of the PUD Document
attached to Ordinance Number 03-04, the Lands End Preserve PUD, is hereby amended as
follows:
6.7 TRANSPORTATION
P. At the time there are 2,000 average daily trips (ADT) on Barefoot Williams Road
monitoring report at a point approximately 500 feet south of Price Street,this section
of Barefoot Williams RoadPrior to the issuance of the 400th Certificate of
Occupancy for residential dwellings within the project, Barefoot Williams Road
north of the subject property line to Price Street shall be improved by owner at no
cost to County. This improvement shall - . - - .. - - - - -• ,
construct 2 foot stabilizcd shoulders, rcsurfacoadd a 2 foot wide paved shoulder on
the east side of the existing road and add a 2 foot wide stabilized, but unpaved,
shoulder on the west side of the road. tThe pavementroad shall be resurfaced with
%-inch type S-3 asphalt, festripe the new surface shall be restriped and esitstfust an
8 foot wide multi-purpose pathway shall be constructed on enethe west side of the
roadway to match the previously constructed 8 foot wide multipurpose pathway on
Barefoot Williams Road. This improvement is site related to the project and not
eligible for impact fee credits.
Q. At the time there are 9002,000 average daily trips (ADT) on Price Street from the
existing entrance to the Shops at Eagle Creek Shopping Center to Barefoot Williams
Road as determined in the annual PUD monitoring report at a point approximately
500 feet east of Barefoot Williams Road, or a maximum of 400 dwelling units
constructed within the Lands End Preserve PUD, whichever occurs earlier, those
roadway section of Price Street from Barefoot Williams Road to the entrance of the
Shops at Eagle Creek Shopping Center, shall be improved by owner '
-- , : . •. .. : • • , : : adding a 5 foot
wide sidewalk on the south side of the road in accordance with the LDC.-des
.
Exhibit "1"
Page 4 of 5
AMENDMENTS TO EXHIBIT A OF THE PUD DOCUMENT ATTACHED TO
ORDINANCE NO.03-04, THE LANDS END PRESERVE PUD
The "PUD Master Plan," labeled Exhibit A of the PUD Document attached to
Ordinance No. 03-04, the Lands Ends Preserve PUD, is hereby deleted in its entirety and
replaced with Exhibit A, attached hereto and incorporated by reference herein.
Exhibit "1"
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Exhibit "2"
ipPage 1 of 2
t, 7e-r ✓crt4.7�ity
Growth Management Division
Planning & Zoning
September 12, 2013
D. Wayne Arnold, AICP
Q. Grady Minor &Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
Re: Zoning Verification Letter ZLTR-PL-20130001833; Land's End Preserve, 1388 Barefoot
Williams Road, Collier County, Florida, Folio Number 22435000022
Dear Mr. Arnold:
Thank you for your request for Zoning Verification. You requested verification of the statements
listed below in bold print, which are followed by staffs responses.
The subject site is zoned Planned Unit Development (Lands End Preserve PUD).
The new sunset date for the PUD is May 12, 2016.
On September 10, 2013, the Board of County Commissioners extended the Tolling date for
PUDs to May 12, 2014. Because of this action, the new sunset date of the Lands End Preserve
is May 12, 2016.
Submitting a new PSP with the Recreation Tract consisting of approximately 3 acres of
uplands and approximately 8 acres of the recreational lake and located consistent with
that previously approved, can be approved administratively by staff without the need to
amend the PUD Master Plan.
The PUD Master Plan indicates that the Recreation Center will consist of approximately 12
acres (on the Site Summary) and 11.61 acres (on the Master Plan itself). In addition, Section
4.2 of the PUD states "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 or
preliminary subdivision plat approvals.....
Because of the language above, it is the opinion of the Zoning Manager that any change in the
acreage of the Recreation Center can be approved administratively and does not require an
amendment to the PUD Master Plan.
Please be advised that the information presented in this verification letter is based on the LDC
and/or Growth Management Plan in effect as of this date. It is possible that subsequent
amendment(s) to either of these documents could affect the validity of this verification letter. It
is also possible that development of the subject property could be affected by other issues not
addressed in this letter, such as, but not limited to, concurrency related to the provision of
adequate public facilities, environmental impact, and other requirements of the LDC or related
ordinances.
0
Planning&Zoning Department•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net
Exhibit "2"
Page 2 of 2
Should you require further information or have any questions, please do not hesitate to contact
me at (239) 252-4211 or fredreischl @colliergov.net.
Researched d prepared by: Reviewed by:
‹,,,:iir 6.,,E.r2„.. r. i- __
Frei -`-' chi, AICP, Senior Planner Raym d V. Bellows, Zoning Manager
Planning & Zoning Planning &Zoning
cc: Laurie Beard,PUD Monitoring
Anis Moxam,Addressing
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