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CCPC Agenda 05/15/2014 R COLLIER COUNTY PLANNING COMMISSION MEETING AGENDA May 15, 2014 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, MAY 15, 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— April 17,2014 6. BCC REPORT-RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. PUDZ-PL201300001374: 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 within the Rural Fringe Mixed Use District — Receiving Lands Overlay, to a Residential Planned Unit Development (RPUD) Zoning District within the Rural Fringe Mixed Use District—Receiving Lands Overlay,to be known as the Golf Club of the Everglades RPUD to allow up to 750 residential dwelling units,a golf course and related recreational uses and 141 acres of native vegetation preserve. The subject property is located on Vanderbilt Beach Road Extension, just east of Collier Boulevard, in Section 31, Township 48 South, Range 27 East and Section 36, Township 48 South, Range 26 East, Collier County, Florida consisting of 835.684±acres; providing for repeal of Resolution Nos. 91-16, 99-61, 00-189,07-117 and Ordinance No. 10-08; and by providing an effective date. (Companion to PL20130000365/CP2013-4) [Coordinator: Kay Deselem,Principal Planner] Page 1 of 3 9. ADVERTISED PUBLIC HEARINGS—NOTE:Any items NOT heard or completed by 5:00 P.M.may be moved to the June 5th meeting Note: This item has been continued from the May 1,2014 CCPC meeting: A. PL20120002909/CP-2013-3: An Ordinance 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 to revise the Buckley Mixed Use Subdistrict of the Urban Mixed Use District to remove the office and retail caps and allow up to 7,500 square feet of gross floor area of commercial uses per acre or 11 residential dwelling units per acre, to make residential development optional, to prohibit commercial and residential uses on the same parcel, to limit multi- tenant commercial buildings to no more than 50% of the Commercial square footage to revise development standards including the cap on the size of the footprint of Commercial buildings, and providing for Transmittal to the Florida Department of Economic Opportunity; providing for severability; providing for an effective date. The subject property is located on the West side of Airport Road and approximately 330 feet North of Orange Blossom Drive in Section 2, Township 49 South, Range 25 East, Collier County, Florida, consisting of 21.70 acres. (Companion to PUDZ-A- PL20120002906) [Coordinator:Michele Mosca,Principal Planner] Note: This item has been continued from the May 1,2014 CCPC meeting: B. PUDZ-A-PL20120002906: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 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 project previously known as the Buckley Mixed Use Planned Unit Development (MPUD) to a Commercial Use Planned Unit Development (CPUD) which will continue to be known as the Buckley PUD, to allow a maximum of 239 residential units, with no requirement for workforce housing units and up to a maximum of 162,750 square feet of gross floor space of retail, office and services uses, including permissible and conditional uses in the C-1, C-2 and C-3 zoning districts. The subject property is located at the northwest quadrant of the intersection of Airport-Pulling Road (CR 31) and Orange Blossom Drive in Section 2, Township 49 South, Range 25 East, Collier County, Florida, consisting of 21.7+/- acres; providing for the repeal of Ordinance Number 05-05, the former Buckley MPUD; and by providing an effective date. (Companion to Petition PL2012-2909 CP-2013-3) [Coordinator: Kay Deselem, Principal Planner] Note: This item has been continued from the April 17,2014 CCPC meeting: C. PL20130002249/CPSS-2013-2: 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, by reconfiguring the boundary and increasing the size of the Northeast quadrant of Mixed Use Activity Center No. 7 by 9.24 acres(Rattlesnake Hammock Road and Collier Boulevard. The Subject property is located on the east side of Collier Boulevard (C.R.951),approximately 1,005 feet north of Rattlesnake Hammock Road extension,in Section 14, Township 50 South,Range 26 East,consisting of 9.24 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 CU-PL20130002241 &RZ-PL0001652) [Coordinator: Corby Schmidt,AICP,Principal Planner] Note: This item has been continued from the April 17,2014 CCPC meeting: D. RZ-PL20130001652: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 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 Commercial Intermediate (C-3) and Heavy Commercial (C-5) zoning districts to a General Commercial(C-4) zoning district, for property located on the east side of Page 2 of 3 Collier Boulevard (C.R 951) north of Rattlesnake-Hammock Road (C.R. 864) in Section 14, Township 50 South, Range 26 East, Collier County, Florida, consisting of 18.95+/- acres; providing for repeal of Ordinances 99-84, 00-75, 02-26, 03-31 and 04-23; and by providing an effective date. (Companion to CU-PL20130002241 and PL20130002249/CPSS-2013-2, Collier Boulevard Commercial Properties) [Coordinator:Nancy Gundlach,AICP, PLA,Principal Planner] Note: This item has been continued from the Apri117,2014 CCPC meeting: E. CU-PL20130002241: A Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a Conditional Use to allow motor freight transportation and warehousing (4225, air conditioned and mini-and self storage warehousing only) within a General Commercial (C-4) Zoning District pursuant to Section 2.03.03.D.1.c.21 of the Collier County Land Development Code for property located on the east side of Collier Boulevard (C.R. 951) north of Rattlesnake-Hammock Road (C.R. 864) in Section 14, Township 50 South, Range 26 East, Collier County, Florida. (Companion to RZ-PL20130001652 and PL20130002249/CPSS-2013-2, Collier Boulevard Commercial Properties) [Coordinator:Nancy Gundlach,AICP,PLA,Principal Planner] F. CU-PL20130001768: Marco 41 Park,a Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a conditional use to allow Food stores with greater than 5,000 square feet of gross floor area in the principal structure (groups 5411-5499); Permitted food service (5812, eating places)uses with more than 6,000 square feet of gross floor area in the principal structure; and Permitted personal services, video rental or retail uses (excluding drug stores — 5912) with more than 5,000 square feet of gross floor area in the principal structure, within a Commercial Intermediate (C-3) zoning district pursuant to subsection 2.03.03.C.1.c of the Collier County Land Development Code for property located on the north side of U.S. 41,east of the Collier Boulevard(C.R. 951)and U.S. 41 intersection, in Section 3, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator:Nancy Gundlach,AICP,RLA, Principal Planner] G. PUDA-PL20140000342: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 07-71, as amended, the Naples Reserve Golf Club Residential Planned Unit Development(RPUD),to approve the excavation and off-site hauling of 1,050,000 cubic yards of fill; to increase the size of the preserve tract and add permitted uses; to amend the RPUD Master Plan and to provide for amendments to list of Developer Commitments; and providing an effective date. The subject property is located one mile north of U.S. 41 and 1-1/2 miles east of Collier Boulevard (CR 951) in Section 1, Township 51 South, Range 26 East, Collier County, Florida consisting of 688+/-acres. [Coordinator:Nancy Gundlach,AICP,RLA,Principal Planner] H. PL20130001109/CPSP-2013-6: A Resolution of the Board of County Commissioners proposing 2011 Evaluation and Appraisal Report (EAR) Based Amendments to the Collier County Growth Management Plan, Ordinance 89-05, as amended, to fix glitches related to changes in the 2011 Ear- Based Amendments and to revise format, structure and language for internal consistency specifically amending the Capital Improvement Element; Transportation Element; Conservation and Coastal Management Element; Recreation and Open Space Element; the Future Land Use Element and Future Land Use Map and Map Series; the Stormwater Management (Drainage) Sub-Element of the Public Facilities Element; and furthermore recommending transmittal of these amendments to the Florida Department of Economic Opportunity. [Coordinator: Corby Schmidt,AICP,Principal Planner] 10. OLD BUSINESS 11. NEW BUSINESS 12. ADJOURN CCPC Agenda/Ray Bellows/jmp Page 3 of 3 COMPANION ITEMS q PL2o13000224q/GPSS-2013 -z q RZ- PL20130001652 q E CU- PL20130002241 WERE CONTINUEP FROM APRIL 17 TO MAY 15 ANP THEN FURTHER CONTINUEP TO THE JUNE 5 2014 PLANNING COMMISSION MEETING AGENDA ITEM 9-F 5Je9ty STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING& ZONING DEPARTMENT, GROWTH MANAGEMENT DIVISION HEARING DATE: MAY 15, 2014 SUBJECT: CU-PL20130001768, MARCO 41 PARK PROPERTY OWNER/AGENT: Applicant/Contract Purchaser: Owner: CSC Properties, LLC Mutual of Omaha 5795 Ulmerton Road, Suite 200 302 North Dale Mabry Highway, Suite 300 Clearwater,FL 33760 Tampa, FL 33609 Agents: Mr. Fred Hood Mr. R. Bruce Anderson Davidson Engineering Roetzel & Andres Law Firm 4365 Radio Road, Suite 201 850 Park Shore Drive, Third Floor Naples,FL 34104 Naples,FL 34103 REQUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider an application for a conditional use to allow Food stores with greater than 5,000 square feet of gross floor area in the principal structure (groups 5411-5499); Permitted food service (5812, eating places) uses with more than 6,000 square feet of gross floor area in the principal structure; and Permitted personal services, video rental or retail uses (excluding drug stores — 5912) with more than 5,000 square feet of gross floor area in the principal structure, within a Commercial Intermediate (C-3)zoning district pursuant to subsection 2.03.03.C.1.c of the Collier County Land Development Code (LDC). GEOGRAPHIC LOCATION: The subject 5.98± acre parcel is located on the north side of U.S. 41, approximately 350± east of the intersection of Collier Boulevard (C.R. 951) and Tamiami Trail East (US 41), in Section 3, Township 51 South, Range 26 East, Collier County, Florida. (See the location map on the following page.) CU-PL20130001768,MARCO 41 PARK April 22,2014 Page 1 of 11 / / ♦a 41ki 4'040 ii��iii�� O Q p U. i �f�a+ ,i ■1 44ii 1 iii`i �J.ir ,nr , U1 1 i u 1 0 i R y Z -1_______„...L. 0 *fa E-dSli N r, ® �� gig ac) ao gym. .mm Q I a VII1 co I <, /1/1A 0 III■ 4 A.-‘ A! 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R l aiwr ry77�17 SNWPSWIR:rd al rtrs W 5 r MARCO 41 PARK CONDITIONAL USE - f:xl 7icic �+.[aIi':f oaaRns CSC PROMISES,LLC. a ,RR w a I♦Ks,.,wr 8MR nu 5%IkUIERiO SOPO KA s RR OV/W/Is rrOse ono co., IT y�/�(�� SUilim RMS' RR OV P4 I{KNtll S1M111 REgRSt ii' u.s41 CIL�fhYATER.f4af]eu r CO P,•••mr CONCEPTUAL SITE PLAN ...or., �� 1 I. PURPOSE/DESCRIPTION OF PROJECT: The purpose of the subject Conditional Use is to allow certain land uses to have increased square footages for buildings in the C-3 zoning district which are larger than the 5,000 and 6,000 square foot limitation. The petitioner has requested the removal of the 5,000 and 6,000 square footage cap for the following land uses on the subject property: - Conditional Use# 10: Food stores with greater than 5,000 square feet of gross floor area in the principal structure (groups 5411-5499). - Conditional Use# 16: Permitted food service (5812, eating places) uses with more than 6,000 square feet of gross floor area in the principal structure. - Conditional Use # 17: Permitted personal services, video rental or retail uses (excluding drug stores - 5912) with more than 5,000 square feet of gross floor area in the principal structure. As previously stated, the subject 5.98± acre site is located on the north side of Tamiami Trail East (US 41). The subject site is currently cleared and has a 1.68 preservation area in the north and west portions of the site. To the north of the site is Falling Waters Beach Resort, a multi- family residential development. To the east of the site is an undeveloped parcel zoned C-5. To the south of the site is Tamiami Trail East (US 41) and then the undeveloped Tamiami Crossing CPUD (Commercial Planned Unit Development). To the west of the site is an undeveloped parcel owned by ABC Liquors and a parcel developed with a CVS Store; these parcels have a zoning designation of C-3 ST (Commercial Intermediate zoning district within a Special Treatment area). The Site Plan provides for a 15-foot wide Type B landscape buffer with a wall along the north property line. Where there is no preserve area to act as a buffer on the subject site, a minimum of a 10-foot wide Type A buffer will be provided along the east and west property lines. A 20- foot wide Type D landscape buffer will be provided along Tamiami Trail East (US 41), and where there is a right-of–way taking,the landscape buffer will be reduced to 10 feet. The proposed development is subject to the following LDC C-3 Site Data as shown in the following chart: Required: Min.Lot Area 10,000 s.f. Min. Lot Width 75' Max. Zoned Bldg.Height 50' Min. Ground Floor Area 700 s.f. CU-PL20130001768,MARCO 41 PARK April 22,2014 Page 5 of 11 Required: Min. Front Yard Setback 50%of bldg.height,but not less than 25' Min. Side Yard Setback 50%of bldg. height,but not less than 15' Min. Rear Yard Setback 50%of bldg.height,but not less than 15' Open Space , Not Applicable The Conceptual Site Plan submitted meets all of the above Site Data requirements. However, according to the applicant, there is no specific end user at this time. The site plan is conceptual and the final building configuration is unknown. The size of the buildings and development standards based on building size on the final Site Development Plan (SDP) may accordingly deviate from Exhibit "B" of the Resolution, provided that conditions of Exhibit "C" of the Resolution are otherwise met. The project shall meet the following Conditions of Approval which have been incorporated into Exhibit"C"of the attached resolution: 1. This Conditional Use approval does not constitute approval of a subdivision. The buildings may be placed on one 5.98 acre site under common ownership or the property may be subdivided in accordance with the LDC. 2. No building, for a use which would otherwise have been limited to 5,000—6,000 square feet or less, shall be larger than 15,000 square feet." 3. No adult oriented sales are permitted in this project. 4. Outdoor music and televisions shall be limited to the area adjacent to and forward of the front facades of the buildings along East Tamiami Trail(US 41). There will be no amplified sound between the hours of 10 p.m. and 8 a.m. 5. Delivery hours shall be limited to the hours between 8 a.m. and 6 p.m. 6. The trip generation cap is 435 unadjusted,two-way,p.m.peak hour trips. The subject site was previously rezoned from Rural Agriculture (A) and Commercial Convenience with a special treatment overlay (C-2ST) to C-3 on June 28, 2005. (See attached Ordinance 05-35.) The Rezoning Ordinance had several conditions including the construction of a wall and landscaping adjacent to Falling Waters Beach Resort, fair share contribution to intersection improvements at the intersection of US 41 and Collier Boulevard, a cross access easement between properties, and the prohibition of buildings within 60 feet of the rear (northeast) property line. The Rezoning Ordinance along with its associated conditions will continue to remain in effect regardless of the subject Conditional Use. To date,no letters of objection or support have been received. CU-PL20130001768, MARCO 41 PARK April 22,2014 Page 6 of 11 SURROUNDING LAND USE& ZONING: SUBJECT PARCEL: The site is currently vacant, in the C-3 (Commercial Intermediate)zoning district SURROUNDING: North Multi-family residences with a zoning designation of Falling Waters Beach Resort PUD(Planned Unit Development) East: An undeveloped commercial parcel and then a developed commercial parcel with a zoning designation of C-5 (Heavy Commercial) South: Tamiami Trail East (US 41), and then undeveloped land with a zoning designation of Tamiami Crossing CPUD (Commercial Planned Unit Development) West: A parcel developed with a CVS Drugstore and an undeveloped parcel with a proposed ABC Liquor Store with a zoning designation of C-3ST (Commercial Intermediate within a Special Treatment area) ibLY au • g Y _ `` '• ,� , Subject Site j .e ✓ � i • Aerial CU-PL20130001768,MARCO 41 PARK April 22,2014 Page 7 of 11 GROWTH MANAGEMENT PLAN(GMP)CONSISTENCY: Future Land Use Element (FLUE): The subject property is located within the Urban designated area (Urban — Urban Commercial District, Mixed Use Activity Center Subdistrict — Activity Center #18), as identified on the countywide Future Land Use Map of the Growth Management Plan (GMP). Relevant to this request, the purpose and intent of the C-3 district is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two arterial-level streets. The Mixed Use Activity Center Subdistrict allows C-1 through C-5 and the requested added uses are permitted as conditional uses within C-3 zoning districts of the Land Development Code (LDC). Therefore the petition request is consistent with the FLUE of the GMP. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Please refer to the"Analysis"section below. Transportation Element: The Transportation Services Department has reviewed the Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the GMP. Based on the above analysis, staff finds the requested conditional uses consistent with the Growth Management Plan. ANALYSIS: Pursuant to LDC Section 10.08.00 D., before any Conditional Use recommendation can be offered to the Board of Zoning Appeals (BZA), the Collier County Planning Commission (CCPC)must make findings that: 1)approval of the Conditional Use will not adversely affect the public interest and will not adversely affect other property of uses in the same district of the neighborhood; and 2)all specific requirements for the individual Conditional Use have been met by the petitioner; and 3) satisfactory provisions and arrangements have been made concerning the following matters,where applicable: I. Consistency with the Land Development Code (LDC) and the Growth Management Plan(GMP). This request is consistent with the Growth Management Plan (GMP) and this project will be in compliance with the applicable provisions of the Land Development Code(LDC). 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience,traffic flow and control, and access in case of fire or catastrophe. CU-Pt.20130001768,MARCO 41 PARK April 22,2014 Page 8 of 11 Existing ingress and egress to the subject property is provided by four points. One is located along Tamiami Trail East (US 41). The other is through a cross access easement to the west through the CVS parcel that provides a second ingress and egress to Tamiami Trail East(US 41) and to a third ingress and egress to Collier Boulevard (SR 951). The forth point is through an access easement to the east that provides a forth ingress and egress to Tamiami Trail East(US 41). There is a sidewalk along Tamiami Trail East(US 41). 3. The affect the Conditional Use would have on neighboring properties in relation to noise, glare,economic or odor effects. The purpose and intent of the C-3 limit of 5,000 square feet of gross floor area is that these land uses generally have a greater impact in relation to noise, glare, economic or odor effects. However,these impacts can be addressed as part of the conditional use process. The subject site is surrounded by developed and undeveloped commercial to the east and west, along with undeveloped commercial to the south. The Conditional Use will have a minimal impact on these neighboring commercial properties in relation to noise, glare, economic or odor effects. However, there are multi-family residences to the north. The proposed Conditions of Approval limiting the size of the development, outdoor sound and delivery hours along with the required Type B Landscape Buffer will insure that the Conditional Uses will have minimal impact on neighboring properties in relation to glare, economic or noise effects. 4. Compatibility with adjacent properties and other property in the district. If the proposed Conditions of Approval are adopted, the proposed retail land uses can be found compatible with adjacent properties and other properties in the immediate area. As previously stated, the subject property is located between two commercial properties on a principal arterial road. Based on the above findings,this conditional use is recommended for approval. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant duly noticed and held the required meeting on February 12, 2014, at 5:30 p.m. at the East Naples Public Library, located at 8787 Tamiami Trail East, Naples, Florida. According to a head count performed by Staff, approximately 35 to 40 people along with the applicant attended the meeting. For further information,please see the NIM Minutes(Attachment C). The meeting ended at approximately 6:25 p.m. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for CU-PL20130001768 revised on April 22,2014. CU-PL20130001768, MARCO 41 PARK April 22,2014 Page 9 of 11 RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CU- PL20130001768 to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions: 1. This Conditional Use approval does not constitute approval of a subdivision. The buildings may be placed on one 5.98 acre site under common ownership or the property may be subdivided in accordance with the LDC. 2. No building for a use which would otherwise have been limited to 5,000— 6,000 square feet or less shall be larger than 15,000 square feet." 3. No adult oriented sales are permitted in this project. 4. Outdoor music and televisions shall be limited to the area adjacent to and forward of the front facades of the buildings along East Tamiami Trail (US 41). There will be no amplified sound between the hours of 10 p.m. and 8 a.m. 5. Delivery hours shall be limited to the hours between 8 a.m. and 6 p.m. 6. The trip generation cap is 435 unadjusted,two-way,p.m.peak hour trips. CU-PL20130001768,MARCO 41 PARK April 22,2014 Page 10 of 11 PREPARED BY: Y141vW r 1411 t20t'NANCY G1Ir LA H, AICP, PRINCIPAL PLANNER DATE GROWTH u�A NA6EMENT DIVISION REVIEWED BY: 1c7- 4 lit-. 14- RAYMON 9 . BELLOWS,ZONING MANAGER DATE GROWTH %ANAGEMENT DIVISION 7 2 ) ) MICHAEL BOSI, AICP, DIRECTOR DATE GROWTH MANAGEMENT DIVISION APPROVED BY: /7)V "/ NICK CAIALANGU iitA4": MINISTRATOR DATE GROWTH MANAGEMENT DIVISION Attachments: Attachment A: Proposed Resolution Attachment B: Ordinance 05-35 Attachment C: NIM Minutes CU-PL20130001768,MARCO 41 PARK April 14,2014 Page 11 of 11 RESOLUTION NO. 2014- i A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLI:SHMENT OF A CONDITIONAL USE TO ALLOW FOOD STORES WITH GREATER TIIA:N 5;000 SQUARE FEET OF' GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURE (GROUPS 5411- 5499); PERMITTED FOOD SERVICE (5812, EATING PLACES) USES WITH MORE THAN 6,000 SQUARE FEET OF GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURE; AND PERMITTED PERSONAL SERVICES, VIDEO RENTAL OR RETAIL USES (EXCLUDING DRUG STORES — 5912) WITH MORE THAN 5,000 SQUARE FEET OF GROSS FLOOR AREA 1N THE PRINCIPAL STRUCTURE, WITHIN A COMMERCIAL INTERMEDIATE (C-3) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03A3.C.1.c OF THE COLLIER COUNTY LAND. DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST,COLLIER COUNTY,FLORIDA. [PETITION CU-1 L20130001.768} WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida. Statutes, has conferred on Collier County the power to establish, coordinate arid enforce zoning and such business regulations as are necessary for the protection of the public; and. ,. WHEREAS, the County pursuant thereto has adopted a Land Development. Code (O.rdinance. No. 2004 41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses;and \\1-IEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use to allow food stores with greater than 5,000 square feet of gross floor area in the principal structure.(groups 5411-5499); permitted food service.(5.812, eating places) uses with more than 6,000 square feet of gross floor area in the principal structure; and permitted personal services, video rental or retail uses (excluding drug stores 5912) with more than 5,000 square feet of gross floor area in, the principal structure, within a Commercial Intermediate (C-3) Zoning Marco Pak 41\CU-PL20 130O0176h 1 of 3 Rev.429/14 Attachment A District pursuant to Subsection 2,03,03.C.l.c of the Collier County Land Development Code on the property hereinafter described, and: the Collier County P..lanning Commission has made findings that the granting of the Conditional.Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said. regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and WI•IEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented, NOW, THEREFORE, BE IT RESOLVED 13Y THE BOARD OF ZONING APPEALS OF COLLIER COUNI`Y,FLORIDA that Petition Number CU-PL20130001768 filed by CSC Properties, LI:C with respect to the property hereinafter described in Exhibit "A", be and the same is hereby approved for a Conditional Use to allow food stores with greater.than 5,000 square feet of gross floor area in the principal structure (groups 5411-5499); permitted food service (5812, eating places) uses with more than 6,000 square feet of gross floor area in the principal structure; and permitted personal services, video rental or retail uses (excluding drug stores— 5912) with more than 5,000 square feet of gross floor area in the principal structure within a Commercial Intermediate (C-3) Zoning District pursuant to Subsection 2.03:03,C.1.c of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the conditions found in Exhibit "C". Exhibits "A","B", and "C" are attached hereto and incorporated herein by reference. BE IT FURTIIER RESOLVED that this Resolution be recorded in the minutes of this Bard. This Resolution adopted after.motion, second, and super-majority vote, this day of 2014. ATTEST: BOARD OF ZONING APPEALS DWIGHT E.BROCK,CLERK COLLIER COUNTY, FLORIDA By: By:, Deputy Clerk TOM HENNING,Chairman Marco Park 41',.CC1-P1.,20130001768 2 of 3 Rev.4/29/14 C ..... . ........ Approved as to form and legality: Scott A. Stone Assistant County Attorney Attachments: Exhibit A- Legal Description Exhibit -Conceptual Site Plan. Exhibit C—Conditions of Approval CP113-CPS-O 1 274/37 Marco Park A t\CU-PL20130001768 3 of 3 Rev.4129114 CAC. DAVIL3$ON DE LEGAL DESCRIPTION EXHIBIT "A" PROPERTY DESCRIPTION BEING A PARCEL OF LAND LYING IN THE NORTH 1/2 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST,COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE. AT THE SOUTHWESTERLY MOST CORNER OF THOSE CERTAIN LANDS DESCRIBED AS "PARCEL 4"AND RECORDED IN OFFICIAL RECORDS BOOK 4380, PAGE 3511 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,THE SAME BEING THE SOUTHWESTERLY MOST CORNER OF THOSE CERTAIN. LANDS DESCRIBED AS"PARCEL 117FEE"AND RECORDED IN OFFICIAL RECORDS BOOK 4901,PAGE 28 OF SAID PUBLIC RECORDS;THENCE NORTH 35'°34'22" EAST, ALONG THE NORTHWESTERLY LINE OF LAST OF SAID LANDS,A DISTANCE OF 10.00 FEET TO NORTHWESTERLY MOST CORNER OF SAID"PARCEL 117FEE" AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE NORTH 35°34'22." EAST, ALONG THE BOUNDARY OF SAID"PARCEL 4", A DISTANCE OF 390.00 FEET TO THE MOST NORTHWESTERLY CORNER OF SAID"PARCEL 4";THENCE SOUTH 54°25'38" EAST, ALONG THE NORTHEASTERLY BOUNDARIES OF "PARCEL 4" AND "PARCEL 3",ALL OF SAID OFFICIAL RECORDS BOOK 4380, PAGE 3511, A DISTANCE OF 660.000 FEET TO THE MOST NORTHEASTERLY CORNER. OF SAID "PARCEL 3", THENCE SOUTH 35°34'22" WEST, ALONG THE SOUTHEASTERLY BOUNDARY OF SAID "PARCEL 34,A DISTANCE OF 400.00 FEET TO THE SOUTHEASTERLY MOST CORNER OF SAID "PARCEL 3"; THENCE NORTH 54°25'38" WEST, ALONG THE SOUTHWESTERLY BOUNDARY OF SAID 'PARCEL 3", A DISTANCE OF 288.21 FEET TO THE SOUTHEASTERLY MOST CORNER OF THOSE CERTAIN LANDS DESCRIBED AS"PARCEL. 118FEE" AND RECORDED IN SAID OFFICIAL RECORDS BOOK 4901, PAGE 28 OF SAID PUBLIC RECORDS; THENCE NORTH 35°35'42" EAST, ALONG THE SOUTHEASTERLY BOUNDARY OF SAID"PARCEL 118FEE" A DISTANCE OF 10.00. FEET TO THE MO ST NORTHEASTERLY CORNER OF SAID "PARCEL 118FEE"; THENCE NORTH 54°25'38" WEST, ALONG THE NORTHEASTERLY BOUNDARIES OF SAID "PARCEL 118FEE" AND "PARCEL 117FEE"' A DISTANCE OF 371.79 FEET TO THE POINT OF BEGINNING. CONTAINING'260,282 SQUARE FEET OR 5.975 ACRES,MORE.OR LESS.. Marco 41 Park C1'!Altadwint 13 Le!Ell Description wyk ai:tl ii,I!wnenl„iilecriSSg,Ewn 0 ; i [ Exhibit B i i CC'S DRUG STORE i 4D•TYPE'A• . 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I!• 0.. „ -__, Cl-o7,77,7rff•piwOc471;I;,=FF4Te"F,r:a4Eve--"----------"I MA-CO 41 PARK CONDITIONAL USE PascnInnUrims,acATr" 4 414;1"A:NII-WRWM41=----7---.4 .„: r • k_. .,'firemmmoqm:144);, ,,A1,,, 11' i4-60-1-AwsicRrilkiviwizr--`-----4 1: 1- •, . 1 i Vgt r,..1tr,,t - ------, w&E,Zaliff. ...ta:a(201-11tFI EnIE w CONCEPTUALVTEPUOF t,--"---4-77:::::::-- --77-7771 Page..2..;9f...far., :c./■(. „.._. EXHIBIT"C" Conditions of Approval I. This Conditional Use approval does not constitute approval of a subdivision, The buildings may be placed on one 5.98 acre site under common ownership or the property may be subdivided in accordance with the.LDC. 2. No building,for a use which would otherwise have been limited to 5,000--6,000 square feet or less,shall be larger than 15,000 square feet. 3. No adult oriented sales are permitted in this project. 4. Outdoor music and televisions shall be limited to the area adjacent to and forward of the front facades of the buildings along East Tamiami'Trail(US 41). There will be no amplified sound between the hours of 10 p.m. and 8 a.m. 5 Delivery hours shall be limited to the hours between 8 a.m.and 6 p.m:. 6. The trip generation cap is 435 unadjusted,two-way,p.m.peak hour trips. I3•CPS-O 1274/31 4117114 1 (cc011 12 r 3 ,STS ORDINANCE NO.05-- 15 _ I Riot� ii; 41,AN ORDINANCE OF THE BOARD OF COUNTY ' Ci. COMMISSIONERS AMENDING ORDINANCE NUMBER 04- 41, AS AMENDED, THE COLLIER COUNTY LAND `�� • • �'i DEVELOPMENT CODE WHICH ESTABLISHED THE �QazSL COMPREHENSIVE ZONING REGULA IONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE OFFICIAL ZONING ATLAS MAP BY CHANGING THE ZONING CLASSIFICATION OF THE SUBJECT PROPERTY LOCATED ON THE NORTH SIDE OF U.S. 41 JUST EAST OF COLLIER3% a BOULEVARD IN SECTION 03, TOWNSHIP 51 SOUTH, RANGE 26 EAST,COLLIER COUNTY,FLORIDA,FROM"A"Dr- s. F_ `T1 RURAL AGRICULTURAL AND "C-2ST" COMMERCIAL,; i CONVENIENCE WITH A SPECIAL TREATMENT OVERLAYS °1 I-- TO "C-3" COMMERCIAL INTERMEDIATE FOR RETAIL;,, , = rn OFFICE, AND RESTAURANT AND OTHER USES SUBJECIt;u: to C3 TO CONDITIONS; AND PROVIDING FOR AN EFFECTIVgy c DATE. Sr=i --- WHEREAS, Southern Development Company, Inc., represented by Jeff L. Davidson, P.E., of Davidson Engineering, petitioned the Board of County Commissioners to change the zoning classification of the subject real property for Petition No.RZ-2003-AR-496I. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County,Florida,that: SECTION ONE: The zoning classification of the subject real property, more particularly described by Exhibit "A," attached hereto and incorporated by reference herein, located in Section 03, Township 51 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agriculture and "C-2ST" Commercial Convenience with a Special Treatment Overlay to"C-3" Commercial Intermediate for retail, office, and restaurant and other uses and the appropriate Official Zoning Atlas Map, as described in Ordinance 04-41,as amended, the Collier County Land Development Code,is hereby amended accordingly,subject to the following conditions: • 1. No development orders will be approved, other than to authorize construction of a required wall and Type"B"buffer adjacent to Falling Waters Beach Resort as set forth below,until sufficient capacity exists on all affected segments and the intersection of US- 41 and SR-95 I, as may be determined by the County's Concurrency Management System. 2. In addition to all required transportation impact fees,Developer may be required to make a proportionate, fair-share payment for required future capacity improvements to the intersection of US-41 and SR-951, i.e., payment equal to the cost to create sufficient capacity at that intersection for the traffic impacts created by the development. 3. Prior to any Site Development Plan(SDP)approval,other than to authorize construction of a required wall and Type "B" buffer adjacent to Falling Waters Beach Resort as set forth below,access to the adjoining commercial properties shall be provided in the form of easements granted to adjacent property owners to facilitate cross access between the • commercial properties to the east and west of the subject property. 4. A sidewalk shall be constructed along the frontage of the subject property on Tamiami Page 1 of 2 Attachment B Trail(U.S.Highway 41)pursuant to LDC Sections 5.05.08.C.4,and 10.02.03.B.1.b.i.xiii. 5. Prior to approval of the development's first SDP,i.e.,other than to authorize construction of a required wall and Type"B"buffer adjacent to the Falling Waters Beach Resort as set forth below,the Environmental Advisory Council will review the approved South Florida Water Management District(SFWMD)permit for mitigation of wetlands impacts. 6. In addition to any other rear yard requirement for this zoning district, no accessory or principal building may be permitted within sixty-feet of the rear(NE)property line. 7. Owner agrees to construct an eight foot(8')wall ten-feet inside the rear(NE)property line within 90 days from the date of issuance of the required development permit to construct the wall that will be uniformly landscaped and irrigated on both sides,as shown in rendering(Exhibit C), and as otherwise required by the LDC.The wall, landscaping, and irrigation facilities will be maintained by the property owner. 8. In addition to the otherwise applicable conditioned above, until the required wall, landscaping, and irrigation facilities are completed, no other building permits may be issued or approved for Phase HI of the development,i.e.,the subject petition. 9. Any trash enclosures constructed on Phase III,i.e.,the subject petition,will be screened from view from the Falling Waters Beach Resort property as required by the Land Development Code(LDC). SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County,Florida,this 28th day of June,2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Iif:Ci Asti BY: W. """ •,''4, FRED W.COYLE,CHAIRM ATTES DWIGHT E.bItO K;l tT LlRK C, ttes;,a tit'„$Q�:Ch�fnity Clerk sigatturi Approved as to form ' and legal sufficiency: re.i1V4, C0,4) Patrick G.White Assistant County Attorney RZ-2003-AR-4961/MD/cp This ordir,once fii.:d with rh, Secretary of Stot,'s Office the dayof and ocknowIedge ent of that filing received fhis 11+?1 do of y „ . o.ou�v er.,e Page 2 of 2 LEGAL DESCRIPTION A PORTION OF NOTTH%OF SECTION3,TOWNSHIP 51 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 3: FROM THE EAST' CORNER OF SECTION 3,RUN WITH SECTION LINE SOUTH 0 DEGREES 41 MINUTES 31 SECONDS WEST,A DISTANCE OF 612.57 FEET;THENCE NORTH 89 DEGREES 18 MINUTES 29 SECONDS WEST,A DISTANCE OF 722.35 FEET TO THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF COUNTY DRAINAGE CANAL WITH THE NORTH RIGHT-OF- WAY LINE OF STATE ROAD#90(TAMIAMI TRAIL);THENCE WITH SAID TRAIL RIGHT-OF- WAY LINE NORTH 54 DEGREES 20 MINUTES 16 SECONDS WEST,A DISTANCE OF 2647.51 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING WITH THE TRAIL RIGHT- OF-WAY LINE NORTH 54 DEGREES 20 MINUTES 16 SECONDS WEST,A DISTANCE OF 440 FEET;THENCE NORTH 35 DEGREES 39 MINUTES 44 SECONDS EAST A DISTANCE OF 400.00 FEET;THENCE SOUTH 54 DEGREES 20 MINUTES 16 SECONDS EAST,A DISTANCE OF 440 FEET;THENCE SOUTH 35 DEGREES 39 MINUTES 44 SECONDS WEST,A DISTANCE OF 400.00 FEET TO THE POINT OF BEGINNING. PARCEL 4: CERTAIN LANDS SITUATED IN THE NW'/OF SECTION 3,TOWNSHIP 51 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA,STATE OF FLORIDA;FROM THE NE CORNER OF SAID NW'4,RUN WITH THE SECTION LINE NORTH 89 DEGREES 23 MINUTES 23 MINUTES 53 SECONDS WEST A DISTANCE OF 324.27 FEET TO THE EAST RIGHT-OF-WAY LINE OF STATE ROAD#951;THENCE WITH SAID RIGHT-OF-WAY LINE SOUTH 35 DEGREES 40 MINUTES 8 SECONDS WEST A DISTANCE OF 1252.72 FEET TO ITS JUNCTION WITH THE NORTH RIGHT- OF-WAY LINE STATE ROAD#90;THENCE WITH THE RIGHT-OF-WAY LINE OF STATE ROAD #90 SOUTH 24 DEGREES 19 MINUTES 52 SECONDS EAST A DISTANCE OF 69.99 FEET AND SOUTH 54 DEGREES 20 MINUTES 16 SECONDS EAST A DISTANCE OF 379.38 FEET TO THE TRUE POINT OF BEGINNING;THENCE NORTH 35 DEGREES 39 MINUTES 44 SECONDS EAST A DISTANCE OF 400 FEET;THENCE SOUTH 54 DEGREES 20 MINUTES 16 SECONDS EAST A DISTNACE OF 220 FEET;THENCE SOUTH 35 DEGREES 39 MINUTES 44 SECONDS WEST A SISTANCE OF 400 FEET;THENCE NORTH 54 DEGREES 20 MINUTES 16 SECONDS WEST A SISTANCE OF 220 FEET TO THE PIONT OF BEGINNING. CONTANINING APPROXIMATELY 6.07 ACRES EXHIBIT"A" I Z y. I Q E." ° 1al lit MD fl IIII 1 A \ u) l ii 'ill .414-0-• t o It '` i, ■ ..i. rli w I 1 i:14.!-,■ vF JJ)) tea .. O in I J a 'II 11;1-1 t Y I■■ v • I (i o DO i 4 15% !Mg It d I: 1 I Ii'g Z tr W!a II 43 -21 o �� IIII11 1 K m �zuia Ari\\ Z W I zE" x- )1 •.—•irc !f � i s I ( :II!J ■.. ,., 1 w HrjHHj ■ : 111-t f Z:: N d- r ji i a` It t I 99 !11!II . V s0 I ', ,,, jIj t y ` ^ • r� Inl h r w g J 0� aY ONINOZ 1SC-O ONLLSIX3 iii i %114 dilliq 4;! Ri 11 x a • 321015 On210 SnO 1%44'N I p (j "'1°hr pp Ili if! 1 g 9 ? • Q�4 ` iii Il`i ,41 Ili y° S4- iili! 1 il I 4i 1 8g r' 119 ri1.1 i 7'41101 itg&41i 11 n : b it '2 1.' lieleinolli 4 , nt j lg I lallit .z1 1, 0,: J- i i ply �a"'c 4-I iiiiii . �31 1: : i o o Z + �, 4-' d1 Oho U `r l IrI ! z Li! i I I I \ y 127 w PtLA• CWL cu7 GPZauvn,w'■ P\!AR•GY wue ay my.uJw a szszxxa + • ..J. • 1!.1' • • ."Irli j�a • til .}. 41' g :;.tai .i 5T.E .1!{ l!1. N ;z r • lr)1 - -zJ vi • ,c1.. ;:.::.,.,,4 '.b:1:.:7"zii..'i.l.'' . • v, :� Q a z • O _jai 'j ¢ 3 ^ i x z s km- • -.1 Td WtiZTl seen e2 'ter • bT80 ESE Tb6 : *ON xti.A e-SU '1-10f103U1S 11 3kS : "W • STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2005-35 Which was adopted by the Board of County Commissioners on the 28th day of June 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 5th day of July 2005 . DWIGHT E. BROCK 'Clerk of Courts and Clerk Ex-officio ,to Board of _ County Commig, '',}lers /C....,- - „ ,,...90,aketaik0Q_ -t°6t- . By: Heidi' R. Rockhold, :'Deputy Clerk 1 is DAVIDSON ___............� .__.. _. N �'�F C N< 4365 Radio Road,Suite 201 • Naples,FL 34104 • P: (239) 434.6060 1: (239) 434.6084 w rw.davidsonengmtering.com M E M O R A N D U M March 28,2014 TO: Nancy Gundlach,AICP, PLA FROM: Tim Hancock, AICP RE: Marco 41 Park- PL20130001768 NIM Meeting Notes A Neighborhood Information Meeting was held on Wednesday, February 12, 2014 at the East Naples Public Library, located at 8787 Tamiami Trail East. The meeting was properly advertised and started at 5:30 pm. A total of 27 individuals attended, based on the attached sign in sheet. In addition,the following individuals were present: • Nancy Gundlach,Principal Planner, Collier County • Tim Hancock, AICP,Davidson Engineering • Bruce Anderson, Roetzel and Andress Tim Hancock opened the meeting by introducing himself as the Consultant for the project. He then introduced Nancy Gundlach,as the Planner with Collier County and explained the application process. Nancy Gundlach then introduced herself and thanked Tim for putting together the meeting. She explained the purpose of her attendance to the meeting and made her contact information available for all attendees. Tim explained that the meeting was being recorded,that a copy of the meeting audio would be sent to the County for record and explained that any commitments made in the meeting would be met. Tim then asked which attendees were from Falling Waters. He noted most of the Falling Water residents were probably familiar with the site and discussed the previous project,known as Home Center Plaza. Tim used a Site Map and Aerial to show the project location and explained the C-3 zoning and what that zoning designation allows for. Tim then explained that the project went into foreclosure and informed the attendees of the new owner; Mutual of Omaha Bank. He then explained that Mutual of Omaha Bank put the property up for sale and is now under a Contract for Purchase with CSC Properties, located out of Clearwater, Florida. He explained the sale was contingent upon the Rezone Petition being approved. Tim went into detail on the C-3 zoning designation and explained that ninety-five (95) uses are allowed within the C-3 zoning district and that of the ninety-five(95) uses,three(3)of them have square footage caps. He went over those uses; first being the food store limited to 5,000 sq ft,the second being restaurants at 6,000 sq ft and lastly personal services/retail being capped at 5,000 sq Page 1 of 6 Attachment C • ft. Tim explained that a shopping center could be built with no such caps on these uses,but since conceptually they are individual and free-standing buildings that the square footage cap must be met. He explained the purpose of this Rezone Petition is to have the square footage cap lifted to allow for a smaller number of buildings with larger square footages. He then told the attendees about a recent site plan he worked on for Cheddars,noting that the square footage for that particular restaurant was 7,900 sq ft. He mentioned that most of the larger chain sit-down restaurants have over a 6,000 sq ft requirement. Tim then explained that the Rezone Petition is also requesting the 5,000 sq ft cap for retail be lifted. Tim explained a small-scale food store may go in and assured the site could not accommodate the larger chain grocers, like Publix,needing around 55,000 sq ft. Tim then used a site map to show the location of the existing preserve and said it would remain in its location,between the project and the Falling Waters site. Tim made the attendees aware that there was no certainty in what businesses were actually going to be on the site at this point. He explained that when the sale for the property was final, that contracts could then be made with potential buyers and it would be for the three separate parcels with three separate buildings. Tim then used a Conceptual Site Plan to show the location and sizes of the three(3)proposed buildings. Question asked: An Attendee asked the size of the existing Tractor Supply. Tim responded that the Tractor Supply building to be 22,670 sq ft. Tim goes on to show the Conceptual Site Plan, clearly showing the developable area, water management area and preserve area. Question asked: One Attendee spoke up and asked if there would be a lake. Tim responded there would not be a lake, due to size constraints on the site and that there would be a dry detention area for water management. Tim also explained that the water management would be permitted through South Florida Water Management District. Tim proceeded with telling the attendees that the restaurant that would be built would be limited to outdoor music and televisions on the front of the building,away from Falling Waters, and also be limited to outdoor music and televisions until 10:00 pm. He explained it would be a"trade- off" for allowing the sq footage cap being lifted. Tim then added that the Developer would be required to bring the site up to code. He explained when a Development Order is issued, the Developer would have a certain amount of time to finish the wall and install the required landscaping and irrigation. Question asked: A few Attendees then spoke up about the wall's construction not being completed and the location of where the wall currently ends. Tim used the Site Plan to show the location of the wall's proposed length and told Attendees that a CO would not be issued until all code requirements were met. Tim proceeded with explaining that the idea of the Rezone is to make the property more marketable to the larger, national companies. Questions asked: An Attendee spoke up and stated that there are a several empty store fronts in the area. Tim replied that the national companies are now purchasing and building and back in the market. An Attendee used the Site Map to ask Tim if a hearing would be required if a C-S parcel were to be developed. Tim replied that the C- 5 parcel was currently under contract with our client and that a hearing would not be required for the parcel and then again explained the request of the Rezone Petition, not increasing building height or intensity. An Attendee asked where the parking will be located. Tim used the Site Plan and Aerial to show entrance and parking locations. An Attendee asked if a traffic light would be installed. Tim replied a traffic light was not anticipated to his knowledge. He used the Site Plan to again show entrances and the existing Access Easement beginning at CVS. An Attendee asked if there would be limits on the site lighting. She brought up that the Tractor Supply's site lighting was lighting up Falling Waters. Tim replied that the County has a code on Commercial property's site lighting "spilling"over onto residential sites. He made the Attendees aware that the Collier County Code Enforcement could investigate violations of the Code. He further explained cut-off shields and other methods of reducing the illumination of site lighting. An Attendee spoke up concerned about restaurant trash, stating there are bears in the area. Tim replied that the sites would have dumpster enclosures with lockable gates. An Attendee asked if there will be restrictions on how late the proposed businesses would be open. Tim replied that they would following County Codes and in addition are willing to agree to keep outdoor entertainment and television to the front of the store and not past 10:00pm. He also explains that the County has a Noise Ordinance. An Attendee asks the time frame on the project. Tim explained the Plat being proposed and estimated about one year before any vertical construction would happen. An Attendee then asks the timeframe on the construction of the wall. Tim then explained that the wall would need to be complete prior to the issuance of CO. An Attendee asked the proposed building height. Tim responded that the allowable building height in the C-3 zoning district is 50 ft but realistically there would not be any 3 story buildings due to the proposed uses of Retail and Restaurant. An Attendee stated there are a lot of empty stores at the Town Center and asked why retailers would want to build at the proposed location. Tim explained everyone has their own niche and reasons for wanting to buy in the location they are proposing. Tim then used the Site Plan and Aerial Map to show the location of the proposed entrance, per request of an Attendee. He also shows the location of the access easement. Questions asked: An Attendee asked will you be using CVS as an exit? Tim replied that could be done and would be possible. An Attendee asked which way delivery trucks would come in and off of the site. Tim replied that the median opening would remain on US 41 after the widening, which would probably be the route of choice for delivery trucks to make it quickly back to US 41. Tim used the Site Plan and Aerial Map to show proposed access and exit locations. He also stated that the road permitting would be reviewed and approved with FDOT. Questions asked: An Attendee asked if there was a possibility that all three of the parcels would be restaurants. Tim responded that it was a possibility but was not likely. An Attendee asked what type of restaurants have been built in the past by the proposed Contract Purchaser. Tim responded that CSC Properties does not deal with one chain and he was uncertain. An Attendee asked if drive-thru restaurants were an option. Tim responded if a drive-thru was desired, then a drive-thru could be constructed. An Attendee asked where delivery trucks would be loading and unloading. Tim responded that loading zones are building specific and are permitted through Collier County. An Attendee asked if the delivery trucks will be limited to loading and unloading at certain times. Tim replied deliveries are business dependent and it would need to be researched. Tim stated that he would go discuss all issues raised at the meeting with the Contractor Purchaser, stating delivery hours, dumpster locations and site lighting were all items that could be discussed and worked out. He then asked for any further questions. Questions asked: An Attendee asked if the Rezone was granted would the Plat/Subdivisions Plans and anticipated businesses be available at time of hearing. Tim replied that the Plat will go to the County Commissioners for approval and made Attendees aware Plats are public information. He also stated that the County could not choose the businesses that will be developed on the site. An Attendee asked who will make the final decision of approval on the Rezone Request. Tim explained the process of going to the CCPC and then to the BCC. An Attendee asked if any of the buildings were going to be a "Spec"building. Tim replied that he did not have an answer to that question and could not promise a "Spec" building would not be built, An Attendee asked if the County would allow for a "Spec" building to be constructed. Tim responded that as long as permits were issued that buildings are able to be constructed whether a tenant is in it or not. An Attendee asked if the Contract Purchaser had developed sites similar to the one included in this Rezone. Tim replied that the Contract Purchaser has not developed a site similar to this one and has never developed in Collier County. An Attendee asked if the property can be rezoned to a lower intensity, restricting certain uses and businesses. Tim replied that the County could not request or ask of the property owner to change the zoning on the properly, but that the property owner would have to voluntarily restrict certain uses. An Attendee asked if a gas station could be constructed on the site. Tim replied that a gas station could be constructed in the C-3 zoning district. Tim discussed the history of the site being rezoned in 2005 to the C-3 zoning. He explained that the property was commercially zoned and would be built accordingly. Question asked: An Attendee asked about the sale price of the property. Tim replied that he was uncertain of the sale price, due to it being blacked out in the copy of the Contract for Purchase he had. Tim discussed how the site is more likely going to have a sit-down type of restaurant due to traffic. He explained that fast food restaurants and gas stations look for a site that has the higher number of pass by trips. Questions asked: An Attendee asked when they would be made aware if the project has been approved Tim replied that they would receive a notification letter with the BCC hearing date, that the BCC agendas and information are available on the County's website and also reminded Attendees that his email address was on the letter they received regarding the NIM He explained he would respond to emails and copy Nancy Gundlach. An Attendee requested information on the number of parking spaces required for Retail. Tim responded that one space per every 250 sq ft is required for retail. Tim used the Site Plan to show the property boundary, shared with Tractor Supply, in the middle of the drive aisle. He explained that the County requires a landscape buffer between uses,but due to the boundary being located in the drive aisle, the Contract Purchaser is requesting a deviation from that requirement. He further explained that the deviation is requesting that the landscaping (about 20-30 trees)that would be required for that buffer be moved to the rear of the property. Question asked: An Attendee asked if a shovel could go in the ground before the unfinished wall and landscaping were complete. Tim replied that a CO would not be issued for a building to be used before all requirements were met, which included the completion of the wall and required landscaping, Tim also told Attendees that a County inspector would perform a site inspection for approval to make certain all requirements were met, before the issuance of a CO. An Attendee asked who was responsible for painting the wall. Tim responded that whomever constructs the wall is responsible for maintenance on both sides. Mr.Hancock then asked if there were any other questions and thanked everyone for coming. The meeting concluded at approximately 6:25pm AGENDA ITEM 9-G Co er county STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING &ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: MAY 15, 2014 SUBJECT: PUDA-PL20140000342,NAPLES RESERVE RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT) APPLICANT/OWNER: AGENTS: SFI Naples Reserve, LLC Mr. Robert J. Mulhere, FAICP 3232 W. Lake Mary Blvd., Ste. 1410 Hole Montes, Inc. Lake Mary, FL 32746 950 Encore Way Naples,FL 34110 Mr. Richard D. Yovanovich, Esquire Coleman, Yovnovich and Koester,P.A. 4001 Tamiami Trail North, Suite 300 Naples,FL 34103 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider an amendment to Ordinance No. 07-71, the Naples Reserve Golf Club Residential Planned Unit Development (RPUD), to approve the excavation and off-site hauling of 1,050,000 cubic yards of fill; to increase the size of the preserve tract and add permitted uses; to amend the RPUD Master Plan and to provide for amendments to list of Developer Commitments; and providing an effective date. GEOGRAPHIC LOCATION: The subject 688± acre PUD (Planned Unit Development) is located approximately one mile north of Tamiami Trail East (US-41) and 1.3 miles east of Collier Boulevard (CR-951) in Section 1, Township 51 South, Range 26 East, Collier County, Florida. (See the location map on the proceeding page.) 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MASTER PLAN (continued) 35 • ju A 110 0 303 CIO •� pO I- ._SG1[6t f'ET.,..:'. •�ROJECT LOCAI1ON • • THE 1.00 PROVISIONS FROM �• N'K7 - p F �A �- • _ SECTION 5.08.02.8.6 ARE. + - VLt' APPUCABLE FOR i � ( I - , s .. OEFTPREMISE SIONACE--••-�,.. t.`e r �. .. 3s; 45 AFB; L • LEGAL DESCRIP11QN .. SECTION 1,TOWNSHIP'31..5OUTH,RANGE 28 EAST RPUD•MASTER PLAN NOTES: 1. *GUN THE PLi0•BOUNDARIES'THERE NIL BE'A MIffiMUM OF.60%OF OPEN SPACE IN THE 'URBAN RESIDENTIAL FRINGE AND.70%OPEN SPACE II THE RURAL FRINGE. 2. THE REQUIRED 60%AND 70.4.OPEN SPACE(SEE.CHART BELOW]SHALL BE:PROVIDED. !3. 'THE FACIUTTES AND IMPROVEMENTS SHOWN'ON THE PUD MASTER PLAN SHALL BE .CONSIDERED CONCEPTUAL IN NATURE. 4. THE"DESIGN,LOCATION AND CDNFIOURATION OF.THE LAND IMPROVEMENTS SHALL!BE DEFINED Al.EITHER SDP.APPROVAL OR QONSTRUCTION"PLANS AND PLAT APPROVAL. 6. T .LAKE AND OPEN WAGE AREAS ALONG THE.NORTH BOUNDARY SATISFY THE .REQUIREEIENTS'OF LOC SECTION..3.05 O7.G3. • 8. THERE'SHALL BE A:MINIMUM OF 41.1 ACRES OF NATIVE.PRESERVE WITHIN THE RPUD 7. SHOULD THE E78STING 80'WIDE ROADWAY EASEMENT"ON THE SOUTHERN AND EASTERN • •'BBIRNDARts BE VACATED OR DITINCUISNED,THE 20 POOT.WIDE TYPE Ti. 'BUFFER NILI.rE LOCATED ADJACENT TO.THE SOUTHERN AND EASTERN PROPERTY BOUNDARIES. 8. THE PRESERVE SHALL BE SUPPLEMENTED-WITH.ADDITIONAL PLANTINGS TO SATISFY BOTH LANDSCAPE BUFFER REQUIRO/ENTS:ANA NATIVE PRESERVE REOIII EIAENT5 OF THE LDC. LEGEND: LAND USE SUMMARY . .. DIMING PRESERVE _ TRACT LAND.USE: AGREAC ,R„— 1,14 ew. • LAKE TRACT.`RA' TRACT"r/f� PUBLIC RIptT-OF-WA'T Rk VATION •. PRESERVE. 7?1 TOTAL: 688.1 F.7-7.171. E%15iNCi "ROARYOLE EASP_RENF- • p��p� i F P07EN71AL F11111RL RECREATION AREA kEQUIR." PPM SPACE SUMMARY '/� IA10 USE ACREAGE OPEN SPAS I ACREAGE! • OPTIONAL CATE HOUSE ENTRY FEATURE OPiN4 SPAS I i iTFTi 3778 TOyL 263.98 • • -, ORE4NWAY1MULTi-USE PATHWAY ME ,310.94 I ---MOIL 10636 RA RECREATION AREA{PER PLAT) F Des PRESERVE TRACT cry SUMMARY Fj RESIDENTIAL TRACT lirNSITY TJ[SGRIPTION .1 DU/AC• 1RBTS MAXIMUM DENSITY vi/RHEIU.' tl�8 .347 CREWE. WITH r 1.67 1154.. TPR CREDITS • • • PURPOSE/DESCRIPTION OF PROJECT: The Naples Reserve RPUD currently allows for a maximum of 1,154 residential units, uses accessory to residential uses, a recreation area, and a preserve. As part of the residential development, several lakes have been approved. Commercial excavation has been approved for all lakes shown on the master plan. The Naples Reserve RPUD project was originally approved in Ordinance Number 2007-71 on November 13, 2007. (Please see Attachment C: Ordinance number 2007-71.) The PUD was amended on July 24, 2012 to remove the golf course from the development and to increase the amount of fill that could be removed from the permitted commercial excavation. Some of the excavated fill was to be used for the Tamiami Trail East/US 41 roadway widening project (between Collier Boulevard and CR 92). (Please see Attachment B: Ordinance number 2012-29.) The primary purpose of this PUD amendment is to further increase the quantity of fill that can be removed from the commercial excavation to a total of 1,050,000 cubic yards and to expand the destination area of the fill to a 10 mile radius from the subject site. A concurrent application has also been submitted to amend the existing excavation permit. The Naples Reserve RPUD is also being amended to allow TDR's (Transfer of Development Rights) to be acquired consistent with a Growth Management Plan Amendment (GMPA) that is proceeding towards approval. The GMPA will allow a limited exclusion specific to the Naples Reserve RPUD to permit a percentage of TDR Credits to be severed and transferred from any lands designated Sending within the Rural Fringe Mixed-Use District to this RPUD. The Amendment proposes the following changes to the Transportation section of PUD Ordinance Exhibit F,Developer Commitments: } • The destination of excavated material is expanded to a 10 mile radius from Naples Reserve RPUD. (Previously the majority of the material was limited to the US 41 widening project.) • The total amount of excavated material is increased and shall not exceed 1,050,000 cubic yards. • Hours of operation are limited to 7 a.m. to 5 p.m.Monday thru Friday. At Utilities Staff request, a Utilities and Engineering Commitment has been added to provide a water main interconnection between Naples Reserve RPUD and Winding Cypress PUD. At Environmental Staffs request, a list of permitted uses for the Tract P Preserve has been added to PUD Exhibit A: Project Land Use Tracts. Staff has also requested some grammatical changes to the PUD document along with an enlarged Master Plan that is now two pages instead of one page. SURROUNDING LAND USE AND ZONING: North: Picayune Strand State Forest,with a zoning designation of Agriculture(A) Naples Reserve RPUD,PUDA-PL20140000342 May 5,2014 Page 5 of 15 East: Agriculture and disturbed lands with a zoning designation of Agriculture(A) South: Preserve areas within a residential development, vacant land and then agriculture, with a zoning designation of Walnut Lakes PUD and Agriculture(A). West: Residential development with a zoning designation of Winding Cypress DRI (Development of Regional Impact) SUBJECT rint PROPERT r — : _, . – ` iJ a1A4cc'.NESTER p aj i't r,r, ar:- s MANATEE r , •1 I . l 4 3 c • FR r :Prza^r1. s ae As: NMJ O R N CA4TOCT, S 4 .. _ AERIAL PHOTO GROWTH MANAGEMENT PLAN(GMP)CONSISTENCY: Future Land Use Element: The subject site is zoned Naples Reserve RPUD and designated partly Agricultural/Rural, Rural Fringe Mixed Use District, Receiving Lands and partly Urban, Urban Mixed Use District, Urban Residential Fringe Subdistrict (URF) on the Future Land Use Map. The 688± acre subject site is undeveloped and the PUD provides for a maximum gross density of 1.68 dwelling units per acre (DUA). This petition relies on recently transmitted, to be adopted (as of June 10, 2014 BCC (Board of Collier County Commissioners)) provisions in the Future Land Use Element to achieve consistency. That amendment (ref. CP-2013-1) allows the Naples Reserve RPUD,PUDA-PL20140000342 May 5,2014 Page 6 of 15 i2 transfer of TDR credits originating more distant than one (1) mile from the URF boundary for use in the Naples Reserve PUD. Adopted Ordinance 2007-71, and including the amending Ordinance 2012-29 (deleting an 18 hole Golf Course and deleting a Neighborhood Village Commercial Center) —both allow a maximum of 1154 DU's (dwelling units) (or 1.677 DU/A) and a requirement for a minimum of 612 TDR Credits to be obtained in order to achieve the allowed maximum density. Of these, a minimum of 311 TDR credits must be obtained from Sending Lands within one mile of the Urban area. Future Land Use Element(FLUE)Policy 5.4 requires new developments to be compatible with the surrounding land area. Please refer to the Zoning analysis section of this Staff Report. 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 subject property does not front a collector or arterial road, as classified by the Transportation Element. The proposed PUD Master Plan depicts primary access to US 41 East (an arterial road) via Naples Reserve Boulevard,and a secondary,future access onto Greenway Road.] 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 main internal road configuration with multiple internal roundabouts and numerous connecting local streets. Internal accesses are provided to neighboring properties in an effort to reduce specific vehicle (haul truck) congestion on US 41.] 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. [This PUD is located approximately 1% miles east of Collier Boulevard (CR 951), and approximately '/2 mile north of US 41 East, north of the Reflection Lakes development (Walnut Lakes PUD). • Lands to the north lie inside the Picayune Strand State Forest and are owned by the State of Florida—where interconnection is not possible. Naples Reserve RPUD,PUDA-PL2 0 1 400003 42 May 5,2014 Page 7 of 15 • Greenway Road lies to the east of the subject RPUD, and land further east is in agricultural use — where interconnection is shown on the RPUD Master Plan as "Future Gated Access". The entire eastern boundary is shown with an existing 60 ft. wide road easement. • A portion of the land to the south is zoned Walnut Lakes PUD and developed as Reflection Lakes of Naples; and, undeveloped land zoned A, Rural Agricultural — where interconnection is shown on the RPUD Master Plan as "Potential Future Access". A portion of the southern boundary is shown with an existing 60 ft. wide road easement. • Land to the west of the subject RPUD is zoned Winding Cypress PUD/DRI (Development of Regional Impact) and partially developed as Verona Walk — where interconnection is shown on the RPUD Master Plan as "Potential Future Gated Access". ] 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 amendments being proposed do not relate to this Policy.] Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan(GMP). Conservation and Coastal Management Element (CCME): Natural Resources Department Staff reviewed this petition and determined the proposed amendment to be consistent with the Conservation&Coastal Management Element(CCME). GMP Conclusion: Based upon the above analysis, the proposed Planned Unit Development Amendment may be deemed consistent with the Future Land Use Element. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.5, Planning Commission Hearing and Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis."In addition, Staff offers the following analyses: Naples Reserve RPUD,PUDA-PL20140000342 May 5,2014 Page 8 of 15 Environmental Review: Natural Resources Department staff has reviewed the petition and the PUD document to address environmental concerns. The minimum acreage of native preservation required to be retained within the PUD is 41.1 acres and has been included in Exhibit F of the proposed PUD Ordinance. Transportation Review: Transportation Division staff has reviewed this petition and recommends approval. This approval is subject to the adoption of the Transportation Commitments provided in Exhibit F of the proposed PUD Ordinance and to the following condition of approval: 1. "Within 45 days of the approval of this PUD Ordinance,the Developer shall provide a 5-foot wide paved area along the east side of Greenway Road with flex stakes at 20-feet on center in order to provide a pedestrian zone." Utility Review: The Utilities Department Staff has reviewed this petition and recommends approval subject to the adoption of the Utility and Engineering Commitment to provide a water main interconnect as described in Exhibit F of the proposed PUD Ordinance. Emergency Management Review: The Emergency Management staff has reviewed the petition and has no concerns. Zoning and Land Development Review: Relationship to Existing and Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be permitted if the proposed zoning action is approved,as it relates to the requirement or limitations set forth in the FLUE of the GMP. The primary change as noted previously is to further increase the amount of fill that can be removed from the commercial excavation to 1,050,000 cubic yards and to expand the destination area of the fill to a 10 mile radius from the subject site. The increase in commercial excavation will have an impact on traffic in the neighboring area. The approved Commercial Excavation Permits and associated Executive Summary (see Attachment D) indicate that Greenway Road will be widened and will be the primary haul route. There will be an increase in the number of trips from 107 to 280 daily two-way trips for a period of time. No changes to the approved maximum density are being proposed as part of this amendment request. This PUD amendment does not propose any changes that would adversely affect environmental,buffer, or drainage issues. 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. Naples Reserve RPUD,PUDA-PL20140000342 May 5,2014 Page 9 of 15 The currently approved type and pattern of residential development was determined to be suitable when the subject PUD was approved. However, as previously stated, the increase in commercial excavation will have an impact on traffic in the local neighborhood. The approved Commercial Excavation Permits and associated Executive Summary (see Attachment D) indicate that Greenway Road will be widened and is the primary haul route. There will be an increase in the number of trips from 107 to 280 daily two-way trips for a period of time. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. The PUD document and the general LDC development regulations make appropriate provisions for the continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP,dependent upon the adoption of the companion GMP amendment. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The currently approved development,landscaping and buffering standards were determined to be compatible with the adjacent uses and with the use mixture within the project itself when the PUD was previously approved. Staff believes that this amendment will not change the project's compatibility,both internally and externally,with the proposed amendments. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The existing open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Naples Reserve RPUD,PUDA-PL20140000342 May 5,2014 Page 10 of 15 Currently, the roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., the GMP is 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. This proposed PUD Amendment will not adversely impact the previous BCC finding that the subject property and surrounding areas can accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by County staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted. REZONE FINDINGS: LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and recommendations of the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning Department has indicated that the proposed PUD amendment and proposed GMP amendment are consistent with all applicable elements of the Future Land Use Element(FLUE)of the Growth Management Plan(GMP). 2. The existing land use pattern. This amendment will not affect the existing land use pattern. The existing land use pattern will remain the same. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Not applicable. The districts are existing and established. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Not applicable. The districts are existing and established. Naples Reserve RPUD,PUDA-PL20140000342 May 5,2014 Page 11 of 15 S. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed change is not necessary,per se; but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to increase the quantity of commercial fill that is exported from the subject site. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The amendment will increase the amount of commercial excavation traffic for a period of time in the neighborhood. However, through the Excavation Permit Conditions, the community will receive the benefit of permanent roadway improvements to Greenway Boulevard and to US 41 (Tamiami Trail East) in exchange for accommodating the gravel haul operation which is expected to cease near the end of 2016/early 2017. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed amendment will adversely impact local area traffic circulation for the duration of the commercial exporting of the fill material. 8. Whether the proposed change will create a drainage problem. The proposed amendment will not affect drainage. Furthermore, the subject site is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Not applicable. The proposed amendment will not change the previously approved a l development standards that affect the amount of light and air to the adjacent area. 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this PUD amendment will not adversely impact property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Properties around this property are already partially 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. Naples Reserve RPUD,PUDA-PL20140000342 May 5,2014 Page 12 of 15 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed PUD amendment does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The property already has a PUD zoning designation and could be developed within the parameters of that zoning ordinance; however, the petitioner is seeking this amendment in compliance with LDC provisions for such amendments. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed rezone meets the intent of the PUD district and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Staff is of the opinion that the proposed PUD amendment is not out of scale with the needs of the neighborhood and 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 PUD amendment. 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 LDC Section 6.02.00 regarding Adequate Public Facilities for and the project. It must be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of Naples Reserve RPUD,PUDA-PL20140000342 May 5,2014 Page 13 of 15 the GMP as part of the rezoning process, and that staff has concluded that no Level of Service will be adversely impacted. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING(NIM): The applicant duly noticed and held the required meeting on April 9, 2014, at 5:30 p.m. at the South Regional Library, located at 8065 Lely Cultural Parkway, Naples, Florida. Four people along with the applicant and County Staff attended the meeting. For further information, please see the Neighborhood Information Meeting(NIM) Summary(Attachment E). The meeting ended at approximately 6:15 p.m. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office has reviewed the staff report for Petition PUDA-PL20140000342, revised on April 22,2014. RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDA-PL20140000342 to the Board of County Commissioners with a recommendation of approval of this amendment subject to the following condition of approval: 1. "Within 45 days of the approval of this PUD Ordinance,the Developer shall provide a 5-foot wide paved area along the east side of Greenway Road with flex stakes at 20-feet on center in order to provide a pedestrian zone." Naples Reserve RPUD,PUDA-PL20140000342 May 5,2014 • Page 14 of 15 PREPARED BY: LJ ALJA /.E .AL# 14 A it (7 2o1+ NANCY D CH, Al P, PRINCIPAL PLANNER DATE GROWT 'VA EMENT DIVISION REVIEWED BY: • 4 . 17_ /1... RAYMO �d V. BELLOWS,ZONING MANAGER DATE GROWT'i ANAGEMENT DIVISION /t/ _ --- MICHAEL BOSI,AICP,DIRECTOR DATE GROWTH MANAGEMENT DIVISION APPROVED BY: r NICK CASAL sOUIVA,A1VIINISTRATOR DATE GROWTH MANAGEMENT DIVISION Attachments: A. Ordinance B. Ordinance number 12-29 C. Ordinance number 07-71 D. Commercial Excavation Permits and associated Executive Summary E. NIM Synopsis Naples Reserve RPUD,PUDA-PL20140000342 April 22,2014 Page 15 of 15 ORDINANCE:NO. 1i4- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO 07- 71, AS AMENDED, THE NAPLES RESERVE GOLF CLUB RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), TO APPROVE THE EXCAVATION AND OFF-SITE HAULING OF 1,050,000 CUBIC YARDS OF FILL; TO INCREASE THE SIZE OF THE PRESERVE TRACT AND ADD PERMITTED USES; TO AMEND THE RPUD MASTER PLAN AND TO PROVIDE FOR AMENDMENTS TO LIST OF DEVELOPER COMMITMENTS; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED ONE MILE NORTH OF U.S. 41 AND 1-1/2 MILES EAST OF COLLIER BOULEVARD (CR 951) IN SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUN'T'Y, FLORIDA CONSISTING OF 688+1-ACRES. [PUDA-PL20140000342] WHEREAS, on November 13, 2007, the Board of County Commissioners approved. Ordinance No.. 07-71, which established the Naples Reserve. Golf Club Residential Planned Unit Development(RPUD);and WHEREAS, On July 24, 2012, the Board of County Commissioners of Collier County, Florida approved Ordinance No. 12-29,which amended the Naples Reserve Golf Club RPUD;and WHEREAS, Robert J. Mulhere, I AICP of Hole Ivlontes, Inc. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich& Koester representing SET Naples Reserve, LLC, petitioned the Board of County Commissioners of Collier County, Florida to amend Ordinance 07-71,the Naples Reserve Golf Club RPUD, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA.that; SECTION I Amendments to Exhibit A, Permitted Uses, of Ordinance Number 07-71, as amended,the Naples Reserve Golf Club RPUD The List of Permitted Uses; previously attached.as Exhibit A.to Ordinance Number 07-71, as amended, the Naples Reserve Golf Club RPUD,.is hereby amended and replaced with a new Exhibit A, List of Permitted Uses, attached hereto and incorporated by reference herein,. Naples Reserve RPUD Page 1 of 2 PUDA-PL20140000342--rev.4/11/14 Attachment A r 3 SECTION II: Amendments to Exhibit C, Master Plan, of Ordinance .Number 07-71, as amended,the Naples Reserve Golf Club RPUD The Master Plan, previously attached as Exhibit C to Ordinance Number 07-71,as amended, the Naples Reserve Golf Club RPUD is hereby amended and replaced with a new Exhibit C, Master Plan,attached hereto and incorporated by reference herein.. SECTION III: Amendments to Exhibit F, List of Developer Commitments, of Ordinance Number 07-71, as amended, the Naples Reserve Golf Club RPUD The List of Developer Commitments,previously attached as Exhibit F to Ordinance Number 07-71, as amended, the Naples Reserve Golf Club RPUD, is hereby amended and replaced with a new Exhibit I', List of Developer Commitments, attached hereto and incorporated by reference herein. SECTION 1V: Effective Date. This Ordinance shall become effective upon.tiling with the Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida,this day of 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: Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A—Permitted Uses Exhibit C—.Master Pan. Exhibit F—List of Development Commitments CP\,14-CPS-07 302/27 Naples Reserve RPUD Page 2 of 2 PtJDA-PI.20 140000342—rev.4/11/14 NAPLES RESERVE RPUD EXHIBIT A PROJECT LAND USE TRACTS TYPE UNITS/FT. ACREAGE TRACT"R" RESIDENTIA..I., 1154 592.8 583.9 TRACT"RA" RECREATION AREA 0 31.6 TRACT"P" PRESERVE 0 63.7 72.6 TOTAL: 688.1 I. TRACT R PERMITTED USES: No building or structure,or part thereof,shall be erected, altered or used,or land used, in whole or in part,for other than the following: A. Principal Uses: 1) Single-family detached dwellings; 2) Single-family attached dwellings (including townhouses intended for fee simple conveyance including the platted lot associated with the residence): 3) Villa/patio dwellings (detached single-family dwellings of a smaller scale than the typical single-family detached dwelling); 4) Multi-family dwellings; 5) Model homes: 6) Commercial excavations for all lakes identified as "L" on Exhibit C — RPUD Master Plan(subject to Exhibit F List of.Developer Commitments, Transportation Item D); 7) Project sales; construction and administrative office, which may occur in residential,and/or in temporary structures; 8) Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("$ZA") by the process outlined in the Land Development Code (LDC). Page 1 of 14 Words pndctlined arc added.words struekdtfatt#are:deleted I-\2O12\?012103;Wril'UtA.3,Mtnor Resubn itutl\Naples Reserve RPUI)(PUDA-PL-2O14-0342)4-11-14 dews ElIk B. Accessory Uses:. Accessory uses and structures customarily associated with the permitted principal 1; uses and structures, including,but not limited to:. 1) Customary accessory uses and structures including, but not limited to private garages, swimming pools with, or without screened enclosures, gatehouses,and other outdoor recreation facilities; 2) Polling place if deemed warranted by the Supervisor of Elections, IL TRACT RA PERMITTED USES: No building or structure, or part thereof,shall be erected,altered or used,or land used, in whole or in part,for other than the following: A. Principal Uses Typically Accessory to Residential Development: I) Structures intended to provide social and recreational space (private, intended for use by the residents and their guest only); 2) Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts. playground improvements/facilities, and passive and/or active water features. 3) Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals("BZA")by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures,including,but not limited.to: I) Customary accessory uses or structures incidental to recreation areas and, or facilities, including structures constructed for purposes of maintenance, storage or shelter with appropriate screening and landscaping. III. TRACT P PERMITTED USES: No building or structure,or part thereof,shall be erected, altered or used.or land used, in whole or in part.for other than the following: Page2o:f14 { Words gndrrtined are added,words k {tro gh are deleted 11;k2012\21.112 1 031WP,PUT)AWlinor Resuhmitial Naples Reserve RPUD(PLJDA-111 2_014-0342)4-1 I-I4.docx A. Principal Uses: I") Preservation of native habitat. B. Accessory Uses: I) Storm water management, treatment. conveyance facilities. and structures, such as berms,wales.and outfall structures. 2) Pervious and impervious pathways and boardwalks, consistent with LDC, Section 3:45.07.H.l I. 3) Shelters without walls. 4) Educational sismage and bulletin boards located on or immediately adjacent to. the pathway. 5) Benches for seating. 6) Viewing platforms. Conservation-related and recreational activities comparable in nature with the aforementioned uses.as determined by the County Manager or designee. Page 3 of 14 Words are added.words saritek-11roi ;ire deleted }{:12012\2012103\VVI'PUPA\Mhnoi ResibmittallNaples Rese»v RPM)(PLIDAPL-2014-01342)4-1 I-34.docx 1 EXHIBYT C. MASTER PLAN A,AGi(cunatE oaiENvA PICAYUP ST1 A1' STATE FOREST or`secnw., iru "'":HC AGU'35 T. 'w fl A ti;,u 'Arar2ra Y.9L0: .TT y� k x 54 R R t, L A:r tas ai 3D'41W iWC� } E r' " R <, }L rr " i- R ' R .,j ��1GRlC1J4�1'ru• R ♦s..Y '' �4 R, L .� R f w.. e p,,,,,xf wA!(8 VAN' s NTCY!COICY[c.a[ue-DUt .' { .R. 5 y • R. :S 1,N.L coosY.4nNetutn'5 I„ !t R R R � .. 'me PS+FAt'Attx,.. .,,Y ty r r:arSTNC b0'pDAtS k+ttAriNt YohNnµ,hmw6 L�- :: '� 'R rer aA�AX 55 R 4! c+ r R e r _ -,0,(Rbi.i.kr ecy:„,,,,!to,ire Wan 7) (WAY eC. .:i '1 R. RIY - �_: os'etaa R `v , raucx CouNTY �� p...E5ERVE TRACT r� ' q k IV '• Y ro.nftANY ax � - 'ii L t rl tbliu)'r4rT A 1.1,..,-. t, - '- t 11.1 enemr.Y C% R R /'f i �t rNC i.). F .. , [t _ 1 t Y '' At, ' } R R R �j�f K R I. t R ,rr v tf.RA PL rN 1 1 -- ,- ^l �i/w r '+'.is RA „,'''.,::::t K r �:F� - y �I t ww. y i!:” Iv �RA 4.-...;!, } ( R /fr� \ a s ,..1,i _ r r;'.,r 11 t t 4;,_, r:- fir{ R -.,•`�, _Y kA r J et G; \'�-)' R ti 1 R 1 EY. ,..,ti--. 'c r.Y t -1 'kAi..,.•.._,:,:::::;::,!.i„,..,,,,,,,+f/ . 'Y - R `_._._._- ..-j. ' {`c- EgiS'A3G CcccQUwAT 3 1' �'� ' : P� - - R �t R ...---- $ EAS[lir.ir PCA S°''eaax t:T A r . 4, f'' PRESERVE TRAcT ; ' R.. (1_,4.,.„,s:-:-__ R !' l i 1: r.: [xisnNa Ct2fY:t wit L l ■¢s:y aE ad,,s;.II;p+r{s z?}-sa \ t. ! R - . aF 5CCYWy+ t 3 ! I� -Yaitir !17FS3RME RWirit'lY. - 12 -} 1 ./VTIi{ ..nOSCNTxVl ♦. SEE TJ!AlilTCitYAY`dN 'a0 f06 R Jy bo"STsfG:*OAR p,;PI R (*kr t'i GC!+!4TNG'1T ► w F74 p,i Y . ... CN YAa.?1'F ;PI S' Cc fl4 ANtfD ChD!'1Ah'tY C>una'is -h Mai CASLLi7r? t (WAY YAGTFD,SE"IW r 7). t: ktl t1CAT[D2 �..._NAPLES RESkR.VE KIVR �T" '' ' "• s3'$[f I3 4 �:es zsf-. w q .• 'fit':>°r""i.� C+'SCC°ON I44 11.A?.r_?.•P !id'Frs7CYS Fwg[s:(ui yG NM,''r �''♦q R.R.7e4Z PAGC MA 1tethilC' CIhS'WC 40 *OAP 1.AltkINT 1'�.�r WALA#,IT Loec 'L'`9Vyr?R W[tA'EI�.OS!!ii'Y YEN ail ziE]'PC:-!:wt PARTT UX DEMI wee ustw.!+Y (WAY AE VACATED.se NOW r) Page 7of14 E Woids i+r ilcrlirtc arc added,words i are deleted li:1201'?1201210,3\W'P':PL:1)At1Ytinor Resubminal3Naptes ltescrvc 12PUU(PU[)A1-PL-20 1 3-1134 2)4-11-14 docx • • • • • • • EXHIBIT C MASTER PLAN(continued} SS 604 600 f 1.00A 1 ION f r �f •- ,///1"(7, THC I.DC PROY510N5 rROFJ .SECTIDN 4:DIE,05.4.R ARE. -awr APPLICABLE FOR • _ r LEGAL DESGRIPTTOM StCi1PN t, {OYNJH:P St SD IIrf,-RANEE z6•LAM • RPU MA$113t PLAN- NOTES: r: A DtPI NHC Puo OCkINDARIEE%RE VALI.BE A URJDAUM Oi sox 00-WEN SPACE iH THE URBAN RESIDENTIAL F NNGE AND 70%OPEN SPACE IN THE RURAL FRINGE. 5. DIE KonaEA-41%ANO 50%OPEN SPACE.(SEE CINAR'E BELON,SHALL BE-PRA:40ED, 3, THE.EACOJTIE5.AND IYPROAS.IENTS 5140444 ON INC PUG„MASTER PL N SHALL.65 CON510[RGO CGJCEP'TUAL W NATURE.. 4. THE OESIGRi•LOCATION AND CONFIGURATION OE 14:LAND IHPROV€IIERTS SHALL BE DEFINED AT EITHER SOP APPROVAL OR.CONSTRUCTION PLANR Aria PLAT APPROVAL. • 5. THE TAKE AEA.OPEN SPACE AREAS ALONG 14E110H/it BOJNOARY SATES!T THE REDUIRENENT5 OF LOG SECTION 103,07.5.3. • - • .. 6: THERE SHALL 6E A ALriINU■ OF 171.1 AC145•CF NATIVE PRESERVE*THIN THE,RPU1.• 7, SHOULD TEtE EIDS11KG.fi0'RITE ROADWAY EASEMENNT pry DIE SWIItERN AND.EASTFR% BOUNDARIES RE'.VACAIEO CR ttairt UISHf3I.THE 50 FOOT.WIDE TYPE.*TY BUTTER!Ail RE LOCATED ADJACENT TO THE SOUTHERN-AND'EASTERN PROPERTY BOUNDARIEs: 8. THE.-PRESERV SHALL'BE SUPPLEMENTED YATH ADDITIONAL PLANTINGS TO SATISFY BOTH LANDSCAPE ITHITER REAUIRE1ENTS-AND NATIVE PRESERVE.REWIRENENTS OF THE LOC., 1,4T WD. i L.A 4 USE SUMMARY- TRACT. EpS7IN E$ C PR[5K i ' EAFO 135. ACRCACL 1. . I !TRACT`R ktsprNn#4, SEL4 LAXE' 'MAC/ ft[f"Al[ATX+AL .._ -�cn 31.6 TRACT'P' -PRESERVE •(777.7.7•71 P535 i0 KIG11-00,1aY RESERYAT:ON TOTAL 6M.t�_ • 5551)46 iRSASiWAT EA5f8EN'r _._ ritk/Ukiti c*e SPACE SUMMARY I PDTSNRAL 7'U1DRe-[ECR£AR0.■AREA ..... .. LA:4)1115•ATE1M ACREA(Z, * _OPTKNAL 4ATT.130345E ENTRY.FEATURE • 1340 ' 377.77 1 76% - 763.96 Cali '3489.4 ST% INCLS6 .� '�.• Ia�FFNMAY/liUl'R-1.65E PATNNAY: RA RECREATION'AREA TER MAO •p PRESrAVC 7RACr. DENSE Y._MJMMARY • rx.risrIY tlrs[P;5o 1UfAC rfrs iDu gfkil7Y 1YlT1iEY.JT OXN 41: TOREREIXT5 AtAxImum L»i ......._..............._.....:........_:_.._ • Ifi VMH Page 8 of 14 Words underliutd are added,words RMTIeR-tl r-ei:Itk are deleted- 11si2(i 1'212012I03\WPWPUDAVOinor Resubmittnl\Naples Receive itl'Ut) t44)342)a-..l 1-14,docx• EXHIBIT F LIST OF DEVELOPER COMMITMENTS TRANSPORTATION This development of this RPUD shall be subject to and governed by the following conditions: A. The RPUD Master Plan reflects a 100' wide reservation for dedication along the western boundary of the RPUD: Should the County find it is appropriate to improve that corridor, the Der-eloper Owner, its successor, or assigns shall agree to be a part of a joint permit application with Collier County for the specific purpose of modifying the existing conservation easement. All costs associated with the potential conservation easement modification,including any required mitigation shall be responsibility of the County. The 100' reservation shall be dedicated by the Owner to the County at no cost, and in fee simple title within 180 days of the County's request Thedeveleper Owner shall provide a storm water management system within RPUD boundary for treatment/retention of storm water from the 100 foot reservation area. B. The Developer agrees to provide mitigation for traffic impacts as detailed in the companion Developer's Contribution, Agreement[DCA] in order to provide consistency with policy 5.1 of the Transportation Element of the Growth Management Plan." The DCA provides for improvements to the intersection of US-41 and Collier Boulevard, and/or US-41 east of Collier Boulevard. C. if warranted and approved by the County, the developer Owner shall be responsible for the proportionate fair share cost of a traffic signal,or turn lane extension/expansion at the intersection of Naples Reserve Boulevard and 11S-41 Tamiami Trail. If Naples Reserve Boulevard should become a Public Roadway: in the future, then the proportionate share requirement shall apply to this development's entrance where it intersects with Naples Reserve Boulevard. Upon completion of the installation, inspection, burn-in period and final approval/acceptance of traffic signal at either location mentioned in the previous paragraph, ownership and maintenance of the signal shall be turned over to. Collier County. Any negations relevant to fair share payments or reimbursements from any and all other neighboring developers/property owners that direct benefit from said traffic signal,will be determined based upon the percentage of usage/impact." D. Excavated material - _ of the total volume excavated may be removed from the development the-cle-leprilent and be transported off:site only for use in the US-41 roadway widening project from the intersection of US 41 and Collier Boulevard to the intersection of US 41 Page 11 of 14 Words andcrtinid arc raided,words titruelt litettghhare.dcleltd 102 012\20 12103\Wl'U't)DAiM.inaarResubmittai\NapleaR¢scrVeRP1JU(PUi)A-P1r 0i4-0$42)4,11-1.4:doca and CR92_, - - - ' . - Additionally, excavated material:above and beyond that provided to the US 41 project. may be removed from the development, and transported to adjacent and nearby developments(within a radius of ten miles). It is anticipated that a minimum of 400,000 cubic yards of fill will be provided to the US 41 project. Therefore, the maximum amount of fill transported offsite to adjacent and nearby developments shall be limited to a maximum of 650,000 cubic yards. The total, amount of excavated materialsemoved from the development shall not exceed 1,050.000 cubic yards. Flours of operation shall be limited to 7 AM to.5 PM, Monday-Friday.. E, -'- - ..A secondary access point for a ishall be provided off of Creenway Road prior to export of excavation materials. ENVIRONMENTAL The development of this RPUD Maser Development Plan shall be subject to and governed by the following conditions: A. Preserves for the The Naples Reserve RPUD have been platted previously and are depicted on Exhibit C.RPUD Master Plan.A minimum of 41.1 acres of native vegetation,• shall be retained. • • - • 0 PLANNING A. A maximum of 1154 dwelling units are permitted in the PUD, of which 542 units are derived from the allowable base density and 612 are derived from TDR credits, All, residential density above the base density shall be derived from TDR Credits severed and. transferred from Rural Fringe Mixed Use District Sending Lands consistent with the Page 12 of 14 Words underlined are added,words k-khroeg}t are deleted 1-02012\Mi21.03\WP\.PUDA\Minor ResubmittallNapies Reserve RPUD(PUDA-PL 2O14-0342)4-1 1-14.docx provisions of the. Collier. County Growth Management Plan.4n order to increase Commencing with submittal of the first development order that utilizes TDR credits. a TDR calculation sheet shall be.submitted documenting that the developer has acquired all TDR credits needed for that portion of the development. The calculation sheet tracks the chronological assignment of TDR credits with respect to all subsequent development orders until the maximum density allowed by the utilization of TDR credits has been reached(all.TDR credits allowing residential development reach:a zero balance). B. 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 SPI. Naples-Reserve, EEC. 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 are closed out, then the Managing Entity is no longer responsible for the monitoring and.fulfillment of PUD commitments. C. Construction of the clubhouse will commence prior to the issuance of the Certificate of Occupancy(CO)for the 231"residential dwelling unit. WATER.MANAGEMENT A. Constructed drainage facilities and structures shall be located outside the boundaries of conservation easements/preserves B. The project's stormwater management system shall be designed to fully contain the 100- year/72-hour design storm event with a regulated discharge rate not to exceed 0.08 cfs/acre and no increase in total volume of discharge. C. All elevations shall be based on the North American Vertical.Datum (NAVD). Page 13 of 14 Words underlined are added,words stwek-thtrcwgh are deleted 1-:'2012'2012(0,\WP.I't DA\Miner ResubniittaliNaples Reserve RPtlI)(PUDA-1'I:2014•4342)4-11-14.doex UTILITIES AND ENGINEE.R.ING. A. The owner shall reserve four areas to potentially be dedicated to the Collier County Water-Sewer District for raw water well easements with dimensions of 100-foot by 100- foot each,along with utility/access easements that shall be 20 feet wide,or less if the well. site is contiguous to a public right-of-way. The approximate locations of these four proposed easements are depicted on the proposed Master Plan. One of these four wells may be used as a test well and converted to a production well. The test well will not be converted into a production well until the water management lakes proposed near the test well are constructed in accordance with the 50 foot setback standard. No additional production wells will be installed until the project's water management lakes have been constructed or the year 2027,whichever is earlier. Upon request of the.Collier County Water-Sewer District,the owner shalt convey to the Collier County Water-Sewer District the requested utility/access .easements and raw water well easements within 60 days, free and clear.of all liens and encumbrances: The Collier County Water-Sewer District shall pay the owner $15,930 per acre for those easements that are conveyed or dedicated to the Collier County Water-Sewer District. If all or some of the conveyances have not been requested by the Collier County Water- Sewer District at the earlier of Site Development Plan ("SDP") and/or final construction plans and plat ("PPL") approval or within six years approval of this Ordinance, then the. reserved areas shall be deemed released. At the time of the SDP and/or PPL submittal, the owner shall show the well site reservations applicable to the area within the SDP and/or plat. During the review of the SDP and/or. PPL, the Collier County Water-Sewer District shall decide at that time whether it will request the dedication of the utility/access:easement, Failure to request the utility/access easement shall be deemed a release of the utility/access easement and the final.SDP and/or PPL shall be approved without the.Utility/access easement. B. The developer will provide an 8"potable water main interconnection stub-out intended to serve as a potable water interconnect to the Winding Cypress PUD, as requested on, behalf of the Collier County Water and Sewer District. The general location of the interconnect is shown conceptually on the RPUD Master Plan; and the location can be changed administratively, without a formal. PUD amendment at the discretion of the. County;the Collier County Water and Sewer District, and the developer.The water main stub-out from the Naples Reserve PUD will terminate at the easterly boundary of the roadway reservation in the location generally depicted on the RPUD Master Plan. The water main interconnect stub-out plans, and details will be submitted to Collier County at the time of the submittal of the construction plans and plat for the parcel adjacent to the proposed location for final approval.The interconnect stub-out will be constructed as part of the construction plans and plat improvements associated with the development parcel adjacent to the interconnect stub-out location shown on the RPUD Master Plan: Page 14 of 14 Worms sandcrlincti are added,words g1+are deleted 1i\20 1 2120 12 10314VP\P3DAVAinor Res ubmittaRNaplesReserve(Zl°UD:(PUDA-PL-2014-0342)4-11-14 doex ORDINANCE NO. 12 - 29 =".4N ORDINANCE OF THE BOARD OF COUNTY 1 COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 07-71, THE NAPLES RESERVE GOLF CLUB RESIDENTIAL PLANNED UNIT DEVELOPME1- (RPUD), TO REMOVE A GOLF COURSE FROM THE R1'1,1;1* -,' PROVIDING FOR AMENDMENTS TO PERMITTED USES PROVIDING FOR AMENDMENTS TO DEVELOPMENT:, r-- -„ STANDARDS; PROVIDING FOR AMENDMENTS TO MAST 4k: PLAN; PROVIDING FOR AMENDMENTS TO LIST ` tt:: REQUESTED DEVIATIONS FROM LDC; PROVIDING KI , --- �t AMENDMENTS TO LIST OF DEVELOPER COMMITMENT* `•'' AND PROVIDING AN EFFECTIVE DATE, SUBJECT PROPER ; IS LOCATED ONE MILE NORTH OF US 41 AND 1-1/2 MILS EAST OF COLLIER BOULEVARD (CR 951) IN SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 688+1-ACRES. WHEREAS, on November 13, 2007, the Board of County Commissioners approved Ordinance No. 07-71, which established the Naples Reserve Golf Club Residential Planned Unit Development(RPUD); and WHEREAS, Dwight Nadeau, AICP, of R W A, Inc. and Richard D. Yovanovich, Esquire of Coleman. Yovanovich & Koester, P.A., representing SFI Naples Reserve, LLC, petitioned the Board of County Commissioners of Collier County. Florida to amend Ordinance 07-71, the Naples Reserve Golf Club RPUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF CC)LLI.ER COUNTY, FLORIDA that: SECTION I: AMENDMENTS TO EXHIBIT A, LIST OF ALLOWABLE USES, OF ORDINANCE NUMBER 07-71.NAPLES RESERVE GOLF CLUB RPUD The List of Allowable Uses, previously attached as Exhibit A to Ordinance Number 07-71, the Naples Reserve Golf Club RPUD, is hereby amended and replaced with a new Exhibit A, List of Allowable Uses. attached hereto and incorporated by reference herein. Naples Reserve/PL2011-1168 Page 1 oI.3 Rev.4/20/12 Words stftte4H4irettgh are deleted:words underlined are added. • Attachment B SECTION II: AMENDMENTS TO EXHIBIT B, DEVELOPMENT STANDARDS TABLE, OF ORDINANCE NUMBER 07-71, NAPLES RESERVE GOLF CLUB RPUD The Development Standards Table, previously attached as Exhibit B to Ordinance Number 07-71, the Naples Reserve Golf Club RPUD, is hereby amended and replaced with a new Exhibit B, Development Standards, attached hereto and incorporated by reference herein. SECTION III: AMENDMENTS TO EXHIBIT C, MASTER PLAN, OF ORDINANCE NUMBER 07-71,NAPLES RESERVE GOLF CLUB RPUD The Master Plan, previously attached as Exhibit C to Ordinance Number 07-71, the Naples Reserve Golf Club RPUD, is hereby amended and replaced with a new Exhibit C, Master Plan, attached hereto and incorporated by reference herein. SECTION IV: AMENDMENTS TO EXHIBIT F, LIST OF REQUESTED DEVIATIONS.FROM LDC, OF ORDINANCE NUMBER 07-71. NAPLES RESERVE GOLF CLUB RPUD The List of Requested Deviations from LDC, previously attached as Exhibit E to Ordinance Number 07-71, the Naples Reserve Golf Club RPUD, is hereby amended and replaced with a new Exhibit E, List of Requested Deviations from LDC. attached hereto and incorporated by reference herein. SECTION V: AMENDMENTS TO EXHIBIT F. LIST OF DEVELOPER COMMITMENTS, OF ORDINANCE NUMBER 07-71,NAPLES RESERVE GOLF CLUB RPUD The List of Developer Commitments, previously attached as Exhibit F to Ordinance Number 07-71, the Naples Reserve Golf'Club RPUD, is hereby amended and replaced with a new Exhibit F. List of Developer Commitments,attached hereto and incorporated by reference herein. SECTION VI: EFFECTIVE DATE Except as amended herein. the remaining provisions within Collier County Ordinance No. 07-71 remain in full force and effect. This Ordinance shall become effective upon filing with the Department of State. Naples Reserve/PL201 1-1 168 Page 2 of 3 Rev.4/20/12 Words stuck th h are deleted: words underlined are added. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida, this d y of `S(A ,2012, ATTE;S1 ; `"") � BOARD OF COUNTY COMMISSIONERS DWIGHT E. BRRK, CLERK COLLIER.COUNTY, FLORIDA• • --,L pittylCle k FRED COYLE, Chairman Wilk .-1IC;I► r 4 itirw are. . Approved as to form and legal sufficiency: A! t_ even T, Williams 5,f,,.r Assistant County Attorney tii I Attachments: Exhibit A—List of Allowable Uses Exhibit B—Development Standards Exhibit C —Master Plan Exhibit E—List of Requested Deviations Exhibit F—List of Developer Commitments 11-CPS-01115/18 This ordinance filed with the Secretary of State's Offic'fi fhe k: uay of ...-Vy ......., ... QI _., and acknowledgement of,that filincnreceiv d,hip . _- c.y °f 77 1r`'�' Fa' t G, . �, Nr,,,P cte. Naples Reserve/PL201 1-1 168 Page 3 of 3 Rev.4/20/12 Words steuek-tlh attt#h are deleted; words underlined are added. } EXHIBIT A PROJECT LAND USE TRACTS TYPE UNlTS!FT. ACREAGE± TRACT"R" RESIDENTIAL 1154 592.8 TRACT"RA" RECREATION AREA 0 3L6 TRACT"P" PRESERVE 0 63.7 TOTAL: 688.1 TRACT R PERMI FED USES; No building or structure, or part thereof. shall be erected, altered or used, or land used, in whole or in part,for other than the following: A. Principal Uses: 1) Single-family detached dwellings: 2) Single-family attached dwellings (including townhouses intended for fee simple conveyance including the platted lot associated with the residence); 3) Villaipatio dwellings (detached single-family dwellings of a smaller scale than the typical single-family detached dwelling); 4) Multi-family dwellings: 5) Model homes; 6) Commercial excavations for all lakes identified as "L" on Exhibit C RPUD Master Plan (subject to Exhibit F: List of Developer Commitments. Transportation hem D); 7) Project sales, construction and administrative offices, which inay occur in residential,and`or in temporary structures. 8) Any other principal use which is comparable in nature with the Ibregoing list of permitted principal uses,as determined by the Board of Zoning Appeals("I3ZA") by the process outlined in the Land Development Code(LDC). • Naples Reserve ft-20110001168 06107:2012 Page I of I B. Accessory Uses: • Accessory uses and structures customarily associated with the permitted principal uses and structures.including,but not limited to: 1) Customary accessory uses and structures including,but not limited to,private garages. swimming pools with, or without screened enclosures. gatehouses. and other outdoor recreation facilities: 2) Polling place if deemed warranted by the Supervisor ot'Elections. II TRACT RA PERMITTED USES: No building or structure, or part thereof, shall he erected. altered or used, or land used, in whole or in part.for other than the following: A. Principal Uses Typically Accessory to Residential Development: I) Structures intended to provide social and recreational space(private. intended for use by the residents and their guest only); 2) Outdoor recreation facilities, such as a community swimming pool. tennis and basketball courts, playground improvements/facilities, and passive and/or active water features. 3) Any other principal use which is comparable in nature with the foregoing list of permitted principal uses,as determined by the Board of Zoning Appeals("I3ZA") by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including. but not limited to: i) Customary accessory uses or structures incidental to recreation areas and. or facilities, including structures constructed for purposes of maintenance. storage or shelter with appropriate screening and landscaping. Naples Reserve Pl..-20I I 000 168 06;0T2012 Pale 2 of I f • EXHIBIT B DEVELOPMENT STANDARDS GENERAL: Development of The Naples Reserve RPUD shall he in accordance with the contents of this Ordinance and applicable sections of the Collier County LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, subdivision plat, site development plan, excavation permit, and preliminary work authorization, to which such regulations relate, Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. Except as provided for herein, all criteria set forth 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 he utilized for determining development standards. Table 1 below sets forth the development standards for land uses within the Residential PUD Residential Subdistrict(Tract "R"). Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. MAXIMUM DENSITY: There shall be no more than 1 154 residential dwelling units permitted which provides for a maximum gross density of 1.67 dwelling units per acre. A minimum of 612 Transfer of Development Rights Credits shall be obtained to achieve the maximum gross density. SIGNS For the purposes of this RPUD, the LDC provisions from Section 5.06.02.B,6. are applicable for off- premise signage. Please see Deviation #2 in Exhibit E. This otT-site signage opportunity may only be implemented after such signage is allowed in the Walnut Lakes PLO. Naples Reserve PI:201 10001 168 06.07/2012 Page 3 of 11 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE FAMILY SINGLE FAMILY PATIO HOME MULTI- CLUBHOUSES DETACHED ATTACHED& &VILLAS FAMILY RECREATION TOWNHOUSE BUILDINGS PRINCIPAL STRUCTURES 1 _._.._......._. �_.__ _.__ _ ( i F7ZNInnum175-1-kfiEA 6,000 S.F.PER 2,250 S.F.PER 5,000 S.F.PER 2,250 S.F.PER f 10,000 S.F. 1 _ UNIT UNIT UNIT UNIT MAXIMUM LOT AREA 1 Acre r N/A N/A N/A N/A j MINIMUM LOT WIDTH 40 FEET 25 FEET 25 FEET 25 FEET N/A l MINIMUM FLOOR AREA 1,000 S.F 1,000 S.F 1,000 S.F 1,000 S.F./D.U. N/A MIN FRONT YARD 20 FEET* 20 FEET 20 FEET 20 FEET* 25 FEET fMIN SIDE YARD 6 FEET 0 FEET or 3 FEET or GREATER OF 10 GREATER OF 6 FEET 9 FEET** FEET OR 1/2 BH 15 FEET OR / BH, MIN REAR YARD 15 FEET 15 FEET 15 FEET 15 FEET GREATER OF 15 FEET OR 1/2 BH 1; MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MIN.DISTANCE BETWEEN 12 FEET 12 FEET 12 FEET GREATER OF 20 GREATER OF 15 STRUCTURES jyu-_... FEET QR B THE FEET OR % BH SUM OF BH EE— .....__ _—"...__ EE ...... - — _-.,_ — MAX.BUILDING HEIGHr NQT 35 FEET a0 FEET 35 FEET 55 FEET 50 FEET TO EXCEED ZONED MAX,BUILDING HEIGHT NOT 45 FEET 50 FEET 145 FEET ' 65 FEET 60 FEET TO EXCEED (ACTUAL) I _ 1 ... ACCESSORY STRUCTURES— �— FRONT S.P.S. S.P.SPS S.P.S. S.P.S. 20 FEET SIDE S.P.S. S.P.S. S,P.S. S.P.s. v,BH REAR(ATTACHED)— 5 FEET 5 FEET 5 FEET 5 FEET 10 FEET — (DEl'ACHED) 20 FEET 20 FEET 20 FEET 20 FEET 20 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET MINIMUM DISTANCE _— 12 FEET 12 _....... FEET 12 FEET 12 FEET Greater of 15 BETWEEN STRUCTURES feet or'/ BH MAX.BUILDING HEIGHT NOT 35 FEET 35 FEET 35 FEET 35 FEET 40 FEET TO EXCEED(ZONED MAX.BUILDING HEIGHT NOT 45 FEET 45 FEET 45 FEET f 45 FEET 150 FEET TO EXCEED(ACTUAL) S.P.S.=Some os Principal Structures BH = Budding Height unless otherwise noted,all building heights shall be"zoned" building heights,as defined in the LDC. ':Residences with side loaded garages may have a minimum I S foot front yard **: A three(3')foot setback shall be permitted only where time(9'1 feet is provided on the adjacent lot. Naples Reserve P1.-301 10001 168 06:07/2012 Page 4 of'(1 i • Notes: 1) No structures are permitted in the required 20-foot lake maintenance easement. No setback is required for structures adjacent to a lake maintenance easement. • 2) Side yards•-No side yard shall be required between units internal to a structure, when more than one residential unit is in a single structure (i.e.: attached single-family and townhouses). Varying side yards are provided to allow side entry garages and to maintain the required separation between buildings. 3) Terraced setbacks are permitted for either two or three story multi-family structures. Setbacks shall be measured from that ground floor exterior wall of lesser height as long as a minimum 15 foot building wall setback is provided as depicted in Figure I below. 4) Entrance features (i.e.: monuments, clock towers and colonnades) may be located at the project entrance and shall be limited to a maximum height of 50 feet. 5) For all residential units,garages must be located a minimum of 23 feet from the back of the sidewalk located in the street rights-of-way closest to the garage,except for side load garages,wherein a parking area 23 feet in depth must be provided perpendicular to the sidewalk to avoid vehicles being parked across a portion,or all of the referenced sidewalk. i '''lam\ `I ,, ` ''f y. I ;I.W.k [ : ; " i 11 oil,. H . O 1 . — . �I; — = — s! I ' 1 .I I i . 11 j Figure l Naples Reserve PE-20I10001168 06/07/2012 Page S of 11 . . . . EXHIBIT C MASTER PLAN _ _____ .. . _ .... ..,..... ....................... 1 .. . 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I ......-...-.. ..„... -.... ......... Naples Reserve PL-201 10001 168 0610712012 Page 6 of II 4,, EXHIBIT D Legal Description All of Section I,Township 51 South. Range 26 East,Collier County. Florida • Naples Reserve PL-20110001168 06.'07..2012 Page 7 of I 1 EXHIBIT F LIST OF REQUESTED DEVIATIONS FROM LDC Deviation #1 seeks relief from LDC Section 5.04.04.B.5.c., that limits the number of model homes to allow one model home for each variant of the residential product proposed in the project. The number of model homes may exceed five for each phase or community within the project, but shall not exceed a total of tifjeen. Deviation#2 seeks relief from LDC Section 5.06.02 8.6. that allows ground/residential entrance signage only on-site within residential zoning districts, to allow ground/residential entrance signage outside of the residential zoning district that the signage will serve. This off-site ground/residential entrance signage • shall be permitted in close proximity to the US-41 Right-of-Way within the Walnut Lakes PUD. This deviation may only be implemented upon such signage being allowed by the Walnut Lakes Nil). Naples Reserve PL-20110001 168 06/07;2012 Page 8 of t I • • EXHIBIT F LIST OF DEVELOPER COMMITMENTS TRANSPORTATION The development of this RPUI)shall be subject to and governed by the following conditions: 4. The RPUD Master Plan reflects a (00' wide reservation for dedication along the western boundary of the RPUD. Should the County find that it is appropriate to improve that corridor,the Developer, its successor, or assigns shall agree to be a pall of a joint permit application with Collier County for the specific purpose of modifying the existing conservation easement. All costs associated with the potential conservation easement modification. including any required mitigation shall be the responsibility of the County. The 100' reservation shall he dedicated to the County at no cost. and in fee simple title within 180 days of the County's request. The developer shall provide a storm water management system within the RPUD boundary for treatment/retention of storm water from the 100 foot reservation area, B. The Developer agrees to provide mitigation for traffic impacts as detailed in the companion Developer's Contribution Agreement 'DCA] in order to provide consistency with policy 5.1 of the Transportation Element of the Growth Management Plan." The DCA provides for improvements to the intersection of US--ti and Collier Boulevard. and/or US-41 east of Collier Boulevard, C. If warranted and approved by the County.the developer shall he responsible for the proportionate fair share cost of a traffic signal. or turn lane extension/expansion, at the intersection of Naples Reserve Boulevard and IJS41 Tamiami Trail. if Naples Reserve Boulevard should become a Public Roadway in the future, then the proportionate share requirement shall apply to this development's entrance where it intersects with Naples Reserve Boulevard. Upon completion of the installation, inspection, burn-in period and final approval/acceptance of traffic signal at either location mentioned in the previous paragraph, ownership and maintenance of the signal shall be turned over to Collier County. Any negotiations relevant to fair share payments or reimbursements from any and all other neighboring developers/property owners that directly benefit from said traffic signal,will be determined based upon the percentage of usage/impact," D. Excavated material in an amount up to ten percent (to a maximum of 20,000 cubic yards)of the total volume excavated may be removed from the development with no prohibition as to the destination of the material. Excavated material in excess of up to ten percent (to a maximum of 20,000 cubic yards)of the total volume excavated. may be removed from the development and be transported off-site only for use in the US-41 roadway widening project from the intersection of US 41 and Collier Boulevard to the intersection of US 41 and CR 92, and subject to the excavation provisions from the Code of Ordinances as may be amended. however the following paragraph will continue to apply: "Issuance of commercial excavation pennits. Applications for commercial excavation permits shall he reviewed by the community development and environmental services administrator, or his designee,and by the environmental advisory council for recommendation and approved by the board, When a request is made to remove surplus fill material from a previously approved development excavation, the requirement for review by the environmental advisory council shall be waved. but dependent on haul route and amount of till to he hauled,staff may require approval by Collier County Planning Commission." k. At project huildout. a secondary access point for resident use shall be provided off of Greenway Road. Naples Reserve PL-20110001168 (16/07%20 t2 Page 9 of 11 ENVIRONMENTAL The development of this RPUD Master Development Plan shall he subject to and governed by the following conditions: A. The Naples Reserve RPUD shall preserve 63,7 acres of vegetated areas consistent with the Land Use Summary on Exhibit C RPUD Master Plan. PLANNING .1. In order to increase residential density above the base density allowed in the Urban-Mixed Use District,Residential Fringe Subdistrict and the Agricultural/Rural-Rural Fringe Mixed Use District,Receiving Lands,612 TDR Credits shall be severed from qualifying Sending Lands;of which a minimum of 31 i TDR Credits shall be severed from Sending Lands within one mile of the Urban Area. B. One entity(hereinafter the Managing Entity)shall he responsible for PUT)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 SFl Naples Reserve,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 PUT)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 PUI.) are closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments, C. Construction of the clubhouse will commence prior to the issuance of the Certificate of Occupancy(CC)) for the 23I'residential dwelling unit. WATER MANAGEMENT A. Constructed drainage facilities and structures shall he located outside the boundaries of conservation easements/preserves. 13. The project's stormwater management system shall he designed to fully contain the 100-year/72- hour design storm event with a regulated discharge rate not to exceed 0.08 cfs/acre and no increase in total volume of discharge. C. All elevations shall be based on the North American Vertical Datum(NAVD). UTILiTIES AND ENGINEERING A. The owner shall reserve four areas to potentially be dedicated to the Collier County Water-Sewer District for raw water well easements with dimensions of 100-foot by 100-foot each, along with utility/access easements that shall be 20 feet wide,or less if the well site is contiguous to a public right-of-way. The approximate locations of these tour proposed easements arc depicted on the Naples Reserve Pl.-20110001168 06/07'2012 Page 10 of 1 t proposed Master Plan. One of these four wells may he used as a test well and converted to a production well. The test well will not be converted into a production well until the water management lakes proposed near the test well are constructed in accordance with the 50 foot setback standard, No additional production wells will be installed until the project's water management lakes have been constructed or the year 2027.whichever is earlier. Upon request of the Collier County Water- Sewer District, the owner shall convey to the Collier County Water- Sewer District the requested utility/access easements and raw water well easements within 60 days, free and clear of all liens and encumbrances. The Collier County Water- Sewer District shall pay the owner$15.930 per acre for those easements that are conveyed or dedicated to the Collier County Water- Sewer District If all or some of the conveyances have not been requested by the Collier County Water-Sewer District at the earlier of Site Development Plan ("SDP") and/or final construction plans and plat ("PPL") approval or within six years of approval of this Ordinance,then the reserved areas shall be deemed released. At the time of the SDP and/or PPL submittal, the owner shall show the well site reservations applicable to the area within the SDP and/or plat. During the review of the SDP and/or PPL, the Collier County Water- Sewer District shall decide at that time whether it will request the dedication of the utility/access easement, Failure to request the utility/access easement shall be deemed a release of the utility/access easement and the final SDP and/or PPL shall he approved without the utility/access easement, Naples Reserve PL-20 I I 0001 163 06:07/2012 Page I i of l l STATE OF Ft 0RIDA) COUNTY OF COLLIER) I, DWIGHT F. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2012-29 which was adopted by the Board of County Commissioners on the 24th day of July, 2012, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of July, 2012 . DWIGHT E. BROCc,V4"3.. Clerk of Coursiss d C14k Ex-officio t,o.s'oard-of County Commissioners By: Martha Vergara,� Deputy Clerk • 202728293 • rs` O,2l ��} \N ORDINANCE NO.07-71 (N 1\1�O w AN ORDINANCE OF THE BOARD OF COUNTY � %� ` v COMMISSIONERS OF COLLIER COUNTY, FLORIDA, \�<< `'co Q' AMENDING ORDINANCE NUMBER 2004-41, AS • \9[S/b1.66ZO AMENDED, THE COLLIER COUNTY LAND - DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, --' • FLORIDA, BY AMENDING THE APPROPRIATE ZONING _ ATLAS MAP OR MAPS BY CHANGING THE ZONING --� CLASSIFICATION OF THE HEREIN DESCRIBED REAL • ;11 PROPERTY FROM A PLANNED UNIT DEVELOPMENT .7) (PUD)ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT KNOWN AS THE NAPLES RESERVE GOLF CLUB RPUD BY ADDING 602 RESIDENTIAL DWELLING UNITS,FOR A TOTAL OF 1154 RESIDENTIAL UNITS,FOR PROPERTY LOCATED ONE MILE NORTH OF US 41 AND I 1/2 MILES EAST OF COLLIER BOULEVARD (CR 951), IN SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 688+/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-42, THE FORMER NAPLES RESERVE GOLF CLUB PUD;AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted Ordinance No. 99-42 establishing the Naples Reserve Golf Club PUD;and WHEREAS,by Resolution No, 04-219,the Board of County Commissioners extended the PUD approval affecting Ordinance No.99-42 until June 8,2008;and . WHEREAS, Dwight Nadeau of RWA, Inc.,representing Anthony Salce of Gulf Coast Development Group,LC,petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: The zoning classification of the herein described real property located in Section 1, Township 51 South, Range 26 East,Collier County,Florida,is changed from a Planned Unit Development (PUD) Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for the project known as Naples Reserve Golf Club RPUD in accordance with the Exhibits attached hereto as Exhibits A through F. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code,is/are hereby amended accordingly. Page 1 of 2 • Attachment C • SECTION TWO; Ordinance Number 99-42, known as the Naples Reserve Golf Club PUD, adopted on June 8, 1999, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County,Florida,this 13 day of Nod evnblf,2007. ,,,iwyrir,,, A C�ts9 �'A�,�., BOARD OF COUNTY COMMISSIONERS :.N IGHT 1r''SI K,CLERK COLLIER CO TY, aRIDA B Attest Deputy Clerk JA S COLEITA,CHAIRMAN , as to Chi}rein t rKy0J:14.r6 041 1 Approved as to form and sufficiency: !y 4.4 ,LA�- 'rGt9 �1 Marjori7 aM•Student-Stirling Assistant County Attorney Exhibit A–List of Allowable Uses Exhibit B--Development Standards Table Exhibit C–Master Plan Exhibit D–Legal Description Exhibit B–List of Requested Deviations Exhibit F–Development Commitments This ordinance filed with the 4,apciary of Sttotee'ss Offti.c t e day of1MJt •- and acknowledgem-1 , _that filin• =, i e. this / day of . 1ui 'P1 Oa, rk, Page 2 of 2 EXHIBIT A Table I PROJECT LAND USE TRACTS HYPE UNITS/FT. ACREAGE± TRACT"RG" RESIDENTIAL 1154 609.2 TRACT"RA" RECREATION AREA 0 15.2 TRACT"P" PRESERVE 0 63.7 TRACT RG PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part,for other than the following: A. Principal Uses; 1) Single-family detached dwellings; 2) Single-family attached dwellings (including townhouses intended for fee simple conveyance including the platted lot associated with the residence); 3) Villa/patio dwellings (detached single-family dwellings of a smaller scale than the typical single-family detached dwelling); 4) Multi-family dwellings; 5) Model homes; • 6) Golf courses and related facilities; 7) Commercial excavations -- surplus full material generated by commercial excavation depths may be transported off-site only for use in the US-41 improvement project associated with this zoning approval; $). Project sales, construction and administrative offices, which may occur in 'residential,and/or in temporary. 9) Any°bther principal use which is comparable in nature with the foregoing list of'Permitted principal uses, as determined by the Board of Zoning Appeals (`13ZA")by the process outlined in the Land Development Code (LDC). A-I • B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures,including,but not limited to: 1) Customary accessory uses and structures including, but not limited to, private garages, swimming pools with, or without screened enclosures, gatehouses,and other outdoor recreation facilities; 2) Polling place if deemed warranted by the Supervisor of Elections. II TRACT RA PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part,for other than the following: A. Principal Uses Typically Accessory to Residential Development: 1) Structures intended to provide social and recreational space (private, intended for use by the residents and their guest only), 2) Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts, playground improvements/facilities, and passive and/or active water features. 3) Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals("BZA")by the process outlined in the LOC. B. • Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures,including,but not limited to: 1) Customary accessory uses or structures incidental to recreation areas and,or facilities, including structures constructed for purposes of maintenance, storage or shelter with appropriate screening and landscaping. III DEVELOPMENT STANDARDS A. GENERAL: Development of The Naples Reserve RPUD shall be in accordance with the contents of this Ordinance and applicable sections of the Collier County LDC and Growth Management Plan(GMP)in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan,excavation permit,and preliminary work authorization,to which such regulations relate. Where these regulations fail to provide developmental standards,then the provisions of the most similar district in the LDC shall apply. A-2 Except as provided for herein, all criteria set forth 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. There shall be no more than 1154 residential dwelling units permitted which provides for a maximum gross density of 1.67 dwelling units pre acre. A minimum of 612 Transfer of Development Rights Credits shall be obtained to achieve the maximum gross density. B. Table 1 below sets forth the development standards for land uses within the Residential PUD Residential Subdistrict, Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. IV SIGNS For the purposes of this RPUD,the LDC provisions from Section 5.06.02.A.6.are • applicable for off-premise signage. A-3 • EXHIBIT B TABLE I RESIDENTIAL DEVELOPMENT STANDARDS DEYELO.PMENT STANIaARl sir ' .:_: E-t4NMAT.; SING E F:*+111;Y _ .PAtIO•HOM Iy1;Ui.`fF; ; ;i i CLUi37i0USEf ; • .; • DETptHEb. Alt kiiEL& :' IA'VILLAS FAMILY r' RECREATIO ,ii;' TO9119.40CIBt.._I';;;',.. . -` ;:K,BUIE'1}jN6t, 1,!.WOW$TRI;j0TS1tr; S' MINIMUM LOT AREA 2,250 S,F.PER 2,250 S.F.PER 2,250 S.F.PER 2,250 S.F.PER 10,000 S.F. UNIT UNIT UNIT UNIT _ MAXIMUM LOT AREA 1 Acre N/A N/A ~N/A N/A MINIMUM LOT WIDTH 40 FEET 25 FEET 25 FEET 25 FEET N/A MINIMUM FLOOR AREA 1,000 S.F 1,000 S.F 1,000 S.F 1,000 S.F./D.U. N/A MIN FRONT YARD 20 FEET 20 FEET 20 FEET 20 FEET N/A MIN SIDE YARD 6 FEET 0 FEET or 3 FEET or GREATER OF 10 N/A 6 FEET 9 FEET FEET OR rh BH MIN REAR YARD 15 FEET 15 FEET 15 FEET 15 FEET N/A MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MIN.DISTANCE BETWEEN 12 FEET 12 FEET 12 FEET GREATER OF 20 N/A STRUCTURES FEET OR 1 THE SUM OF BH MAX.BUILDING HEIGHT NOT 35 FEET 40 FEET 35 FEET 65 FEET 50 FEET LTO EXCEED _ (ACTUAL) AC C E M1 t 1 0. .t , r • 4 � " t i :<,,,,,,:_... •.i , ^ . :•:: - . '1 -• ,..�}' s ( t 1 .. FRONT S.P.S. S.P.S.S. S.P.S. S.P.S. 20 FE ET SIDE S.P.S. S.P.S. S.P.S. S.P.S. CIA BH , REAR(ATTACHED) 5 FEET 5 FEET 5 FEET 3 FEET 10 FEET (DETACHED) 20 FEET 20 FEET 20 FEET 20 FEET 20 FEET • PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET MINIMUM DISTANCE 12 FEET 12 FEET 12 FEET 12 FEET Greater of 15 BETWEEN STRUCTURES feet or Ili BH MAX.BUILDING HEIGHT NOT 35 FEET 35 FEET 35 FEET 35 FEET 40 FEET TO EXCEED S.P.S.=Same as Principal Structures BH=Building Height—unless otherwise noted,all building heights shall be"zoned"building heights,as defined in the LDC. B-1 Notes: 1) No structures are permitted in the required 20-foot lake maintenance easement No setback is required for structures adjacent to a lake maintenance easement. 2) Side yards—No side yard shall be required between units when more than one residential unit Is in a single structure(i.e.:attached single-family and townhomes). Varying side yards are provided to allow side entry garages and to maintain the required separation between buildings. 3) The LAC standards for cluster residential design,as set forth in the Rural Fringe Mixed Use District, shall apply to residential land uses within this RPUD. 4) Terraced setbacks are permitted for either two or three story multi-family structures.Setbacks shall be measured from that ground floor exterior wall of lesser height as long as a minimum 15 foot building wall setback is provided as depicted in Figure 1 below. 5) Entrance features(i.e.:monumentation,clock towers and colonnades)shall be limited in height to no greater than 50 feet which may be located at the project entrance. 6) For all residential units,garages shall be located a minimum of 23 feet from the back of the sidewalk closest to the garage, except for side load garages,wherein a parking area 23 feet in depth must be provided perpendicular to the sidewalk to avoid vehicles being parked across a portion,or all of the referenced sidewalk. 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' itkagiMane ird . .. -itimi.4 •Iti.fh 400*. t*for: rposol.k dIrt* "c' lattadaYSif&AS .N..4P-.1-64*UD I"' MA:,Gl*taii • EXHIBIT D Legal Description All of Section 1,Township 51 South,Range 26 East,Collier County,Florida EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC Deviation #1 seeks relief from LDC Section 6.06,01.(0), for "cul-de-sac and local streets, and LDC Appendix B,Typical Street Section,B-2 and B-3,and Section III,Exhibit"A",Design Requirements for Subdivisions C.13.e. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No.2004-66 that requires 60 feet,to allow 50 feet.A 50-foot right-of-way is permitted in this RPUD to provide for flexibility in development design,subject to providing easements for required utilities generally parallel to the right-of-way. This is a reasonable deviation that has been implemented in subdivisions throughout the County,and does not compromise health,safety,and welfare issues related to civil engineering design. All platted project streets shall have a minimum 50-foot right-of-way. Deviation 1 from Sub-section 6.06,01(0)of the LDC, for cul-de-sac and local streets,and LDC Appendix B-2 and B-3 for cul-de-sac and local streets respectively,and Section III,Exhibit"A",Design Requirements for Subdivisions C.13.e. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66 which requires 60 feet to allow 50 feet. (See Exhibit C,RPUD Master Plan), These streets shall be private,and shall be classified as local streets. Deviation#2 seeks relief from Section III,Exhibit"A",Design Requirements of Subdivisions C.13 j. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance Number 2004-66,that requires tangents to be provided between reverse curves on all streets. This RPUD will not require tangents between reverse curves in order to provide greater subdivision design flexibility. . All internal roads within the RPUD will be private, and have low posted speed limits, and will have a curvilinear design that has been shown to act as traffic calming measures by reducing local traffic speeds. Additionally, the flat terrain found on site does not warrant the need for tangents. This is a reasonable deviation that has been applied throughout the County, and does not comprise a risk to public health, safety and welfare. Tangents between reverse curves are not required for any local street design in this RPUD.Deviation 2 from Section III,Exhibit"A",Design Requirements for Subdivisions C.13 j. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No.2004-66. Deviation#3 seeks relief from LDC Section 5.04.04.B.5.c,,that functionally limits the number of model homes to allow one model home for each variant of the residential product proposed in the project. In an effort to provide a variety of residence styles and floor plans within the development,it is essential not to arbitrarily limit the opportunity of a home buyer to see the creativity of the architecture proposed in a development. To do so could result in monotonous tract housing reminiscent of the "new town" movement after the end of the World War 11.This deviation is appropriate,and dots not negatively affect the health and safety,nor welfare of the future residents of the development. The Naples Reserve RPUD may have one model home representing each type of residential product. The number of model homes may exceed five, but shall not exceed a total of ten. Deviation 3 from LDC Section 5.04.04.13.5.e.that limits the total number of model homes in a single development to five. E-1 Deviation#4 seeks relief from Section 111,Exhibit"A",Design Requirements of Subdivisions C.13.f.of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance Number 2004-66,limits cul-de-sac lengths to 1000 feet or less. This RPUD may have cul-de-sacs with lengths greater than 1000 feet. The RPUD lands are relatively without topographic relief,so greater sight distances would allow longer dead-end streets without jeopardizing the safety of the future residents. Further,the turning radii of the terminal cul-de-sacs will meet or exceed applicable County and National Fire Protection Association requirements. Cul-de-sac lengths in the Naples Reserve RPUD may exceed 1000 feet. • • E-2 EXHIBIT F LIST OF DEVELOPER COMMITMENTS TRANSPORTATION The development of this RPUD shall be subject to and governed by the following conditions: A. All traffic control devices, signs,pavement marking, and design criteria shall be in accordance with the Florida Department of Transportation(FDOT)Manual of Uniform Minimum Standards (MUMS),current edition,FDOT Design Standards,current edition,and the Manual On Uniform Traffic Control Devices(MUTCD),current edition. B. Access Points shown on the RPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property boundary. The number of access points constructed may be less than the number depicted on the Master Plan; however,no additional access points shall be considered unless a PUD amendment is approved. C. Site-related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to commencement of on-site construction. D. Nothing in any development order(DO) shall vest a right of access in excess of a right-in/right- out condition at any access point. Neither shall thc existence of a point of ingress, a point of egress,or a median opening,nor the lack thereof,be the basis for any future cause of action for damages against the County by the developer,its successor in title,or assignee. Collier County reserves the right to close any median opening existing at any time which is found to be adverse to the health, safety, and welfare of the public. Any such modifications shall be based on,but not limited to,safety,operational circulation,and roadway capacity. E. If any required turn lane improvement requires the use of existing County rights-of-way or easement(s),then compensating right-of-way shall be provided at no cost to Collier County as a consequence of such improvement(s)upon final approval of the turn lane design during the first subsequent development order(i.e.: site development plan/subdivision plat). The typical cross- section may not differ from the existing roadway unless approved, in writing, by the Transportation Division Administrator,or his designee. F. If, in the sole opinion of Collier County, traffic signal(s), other traffic control device, sign, pavement marking improvement within a public right-of-way or easement, or site-related umprovements(as opposed to system related improvements)necessary for safe ingress and egress to this project, as determined by Collier County,is determined to be necessary,the cost of such improvement shall be the responsibility of the developer, its successors or assigns. The improvements shall be paid for or installed,at the County's discretion,prior to the issuance of the first CO. F-1 G. The RPUD Master PIan reflects a 100' wide reservation for dedication along the western boundary of the RPUD. Should the County find that it is appropriate to improve that corridor, the Developer,its successor,or assigns shall agree to be a part of a joint permit application with Collier County for the specific purpose of modifying the existing conservation easement. All costs associated with the potential conservation easement modification, including any required mitigation shall be the responsibility of the County. The 100' reservation shall be dedicated to the County at no cost, and in fee simple title within 180 days of the County's request. The developer shall provide a storm water management system within the RPUD boundary for treatment/retention of storm water from the 100 foot reservation area. UTILITIES AND ENGINEERING The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. The developer shall reserve four areas to be dedicated to Collier County Water&Sewer District for raw water well easements with dimensions 100-foot by 100-foot each, and utility/access easements that shall be 20 feet wide unless the well site is contiguous to a public right of way. The approximate locations of these proposed easements are depicted on the RPUD Master Plan. The dedication shall occur at the time of site development plan,or final plat approval for the area within the development phase that contains the respective well sites. At the time of the SDP and/or plat submittal,the developer shall provide the well site easements that meet the standard setback requirements for water wells. If the surface water management lakes for the subdivision are installed prior to the installation of production wells for the SERWTP Welifield, anticipated for 2012, a setback of 50 feet shall be required. If the surface water management lakes are installed after the production wells a 300-foot setback shall be required. The County has further requested a test well at one of the proposed well sites.The County agrees that the desired test well will not,be converted into a production well until the water management lake proposed near the test well is constructed in accordance with the 50 foot setback standard.No additional production wells will be installed until the project's water management lakes have been constructed or the year 2012,whichever is earlier. ENVIRONMENTAL The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. The Naples Reserve RPUD shall preserve 63.7 acres of vegetated areas consistent with the Land Use Summary on the RPUD Master Plan. F-2 PLANNING A. One TDR credit shall be required for every five(5)gross acres of RFMUD land area utilized as part of the golf course, including the clubhouse area, rough, fairways, greens, and lakes, but excluding any area dedicated as conservation that is non-irrigated and retained in a natural state. 13. In order to increase residential density above the base density allowed in the Urban-Mixed Use District,Residential Fringe Subdistrict and the Agricultural/Rural-Rural Fringe Mixed Use District,Receiving Lands,612 TDR Credits shall be severed from qualifying Sending Lands,of which a minimum of 311 TDR Credits shall be severed from Sending Lands within one mile of the Urban Area, C. Collier County and the Developer of the Naples Reserve RPUD have cooperated to address affordable housing impacts associated with the Naples Reserve RPUD. The following financial contribution shall be paid by the developer, or its successors and assigns, to the Collier County Affordable Housing Trust Fund. One thousand dollars (51,000)per residential dwelling unit constructed within the project shall be paid to Collier County within 7 days of the closing on each residential dwelling unit. The amount set forth herein shall be reduced by any amounts paid by the developer on behalf of Habitat for Humanity's pursuant to the Developer Contribution Agreement US 41 Developers Consortium (DCA) to fund the shortfall after Habitat for Humanity's road impact fees are applied pursuant to the DCA. The payment of the sums set forth in this Section shall reflect a credit to the project's obligations to pay any fees that may be adopted in the future by the County relating to the provision of affordable or workforce housing. WATER MANAGEMENT • A. Constructed drainage facilities and structures shall be located outside the boundaries of conservation easements/preserves. B. The project's stormwater management system shall be designed to fully contain the 100-year/72- hour design storm event with a regulated discharge rate not to exceed 0.10 cfs/acre and no increase in total volume of discharge. C. All elevations shall be based on the North American Vertical Datum(NAVD). PARKS AND RECREATION The County and the developer will use their best efforts to determine with the US Army Corps of Engineers the correct acreage for mitigation set forth in Permit Number 199900619(IP-SB) so as to be able to remove the approximate 20 acres not needed for the mitigation area from this permit. The referenced Corps permit will not be modified to exclude the surplus off-site mitigation acreage. This area shall be conveyed to Collier County in fcc simple for a County park. This conveyance shall be made to the County upon satisfactory resolution of the Corps off-site mitigation acreage issue. F-3 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2007-71 Which was adopted by the Board of County Commissioners on the 13th day of November, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of November, 2007 . DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners 4p.Z1-4341W,,O .C- - By: Ann Jennejohn, Deputy Clerk COLLIER COUNTY Growth Management Division Engineering Services October 08, 2013 RWA Consulting, Inc. Chris Wright 6610 Willow Park Dr Suite 200 Naples, FL 34109 Re: Commercial Excavation Permit No. 60.100, PL20120002540 "NAPLES RESERVE PHASE 1" Section 1, Township 51 South, Range 26 East Collier County, Florida Dear Mr. Wright: THIS IS YOUR PERMIT AND MUST BE POSTED ON SITE In accordance with the authority given in County Ordinance No. 04-55, Section 2.E., Article IV, Sections 22-106-22-119, as amended, your application for a "(Commercial, Development, Private)" Excavation is hereby approved subject to the following stipulations: 1. The excavation shall be limited to a bottom elevation of -7.3 ft. NGVD. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation of-4.3 ft. NGVD. 2. Off-site removal of material shall be limited to 420,000 C.Y. and shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 5/24/1988 (copy attached). 3. The lake littoral zone shall be created and planted as indicated on the Plan of Record and in accordance with County Ordinance 91-102 Section 3.05-10 as amended. 4. All provisions of Collier County Ordinance No. 04-55, Section 2.E. shall be adhered to. 5. Where groundwater is proposed to be pumped during the excavating operation, A Dewatering Permit shall be obtained from the South Florida Water Management District, and a copy provided to Engineering Review Services for approval prior to the commencement of any dewatering activity on the site. 6. No blasting will be permitted unless issued a separate permit by Collier County Engineering Services Department. 7. If trees are to be removed as a result of the excavating operation, a Vegetation Removal Permit, required by Land Development Code, Division 3.05 as amended shall be obtained from Collier County Environmental Services Department before work shall commence. 8. A 20 ft. maintenance easement shall be provided around the perimeter of the lake and a 20 ft. access easement to it shall be provided from a right-of-way. The easement shall be accessible to all maintenance vehicles. Attachment D 9. Stockpile side slope shall be at a maximum of 4:1 unless fencing is installed around the entire perimeter of the stockpile area. 10. Any stockpile in place for a period exceeding 60 days shall be seeded and mulched and erosion control devices installed. 11. Please see attached Executive Summary approved by the Board of County Commissioners for further stipulations. Since we are in receipt of the excavation performance guarantee in the amount of$1,000,000.00 and the permit/review fee in the amount of $17,960.00, this letter is your authorization to proceed with the excavation project in accordance with your plans and the above-mentioned stipulations. This permit is valid for(1)year and must be renewed on the anniversary date of permit issuance. The Plan of Record for this excavation is titled "NAPLES RESERVE PHASE ONE" Sheets 27-29 prepared by RWA Consulting, Inc., signed and sealed Christopher O. Wright. Should you have any further questions regarding this matter, please feel free to contact me at(239)-252- 5757. Sincerely, Craig Callis Engineering and Environmental Services Department cc: EX 60.100, PL20120002540 File COLLIER COUNTY Growth Management Division Engineering Services January 16, 2014 Robau &Associates, LLC 3050 Horseshoe Drive North Naples, FL 34104 Re: Commercial Excavation Permit No. 60.100-1, PL20130002717 "NAPLES RESERVE PHASE 1" Section 1, Township 51 South, Range 26 East Collier County, Florida Dear Mr. Robau: THIS IS YOUR PERMIT AND MUST BE POSTED ON SITE In accordance with the authority given in County Ordinance No. 04-55, Section 2.E., Article IV, Sections 22-106--22-119, as amended, your application for a "(Commercial, Development, Private)" Excavation is hereby approved subject to the following stipulations: 1. The excavation shall be limited to a bottom elevation of -15.3 ft. NAVD. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation of-2.7 ft. NAVD. 2. Off-site removal of material shall be limited to amounts identified in Ordinance 12-29 Naples Reserve Golf Residential Planned Unit Development (RPUD) - Exhibit F under the Transportation Commitment D. 3. The lake littoral zone shall be created and planted as indicated on the Plan of Record and in accordance with County Ordinance 91-102 Section 3.05-10 as amended. 4. All provisions of Collier County Ordinance No. 04-55, Section 2.E. shall be adhered to. 5. Where groundwater is proposed to be pumped during the excavating operation, A Dewatering Permit shall be obtained from the South Florida Water Management District, and a copy provided to Engineering Review Services for approval prior to the commencement of any dewatering activity on the site. 6. No blasting will be permitted unless issued a separate permit by Collier County Engineering Services Department. 7. If trees are to be removed as a result of the excavating operation, a Vegetation Removal Permit, required by Land Development Code, Division 3.05 as amended shall be obtained from Collier County Environmental Services Department before work shall commence. 8. A 20 ft. maintenance easement shall be provided around the perimeter of the lake and a 20 ft. access easement to it shall be provided from a right-of-way. The easement shall be accessible to all maintenance vehicles. 9. Stockpile side slope shall be at a maximum of 4:1 unless fencing is installed around the entire perimeter of the stockpile area. 10. Any stockpile in place for a period exceeding 60 days shall be seeded and mulched and erosion control devices installed. 11. Please see attached Executive Summary approved by the Board of County Commissioners for further stipulations. Since we are in receipt of the excavation performance bond #CMS0270828 in the amount of $1,000,000.00 and the permit/review fee in the amount of $6,843.60, this letter is your authorization to proceed with the excavation project in accordance with your plans and the above-mentioned stipulations. This permit is valid for(1)year and must be renewed on the anniversary date of permit issuance. The Plan of Record for this excavation is titled "NAPLES RESERVE PHASE ONE" Sheet 29 prepared by RWA Consulting, Inc., signed and sealed Barry Jones. Should you have any further questions regarding this matter, please feel free to contact me at(239)-252- 8279. Sincerely, Matthew McLean P.E. Principal Project Manager Engineering and Environmental Services Department cc: EX 60.100-1, PL20130002717 File EXECUTIVE SUMMARY Recommendation to approve the offsite removal of excess fill from the Naples Reserve RPUD pursuant to Ordinance 12-29, Exhibit F, Transportation paragraph "D" and consistent with the Commercial Excavation permit PL 20120002540. OBJECTIVE: To approve the removal of excess fill from Naples Reserve RPUD to be utilized in the widening of US 41 between Collier Boulevard and CR 92. CONSIDERATIONS: The Naples Reserve RPUD (FKA Naples Reserve Golf Club approved November 13th 2007) would be eligible for the current standard provision allowing for removal of 20,000 cy of excess fill from the site under the Development Excavation permit. The Naples Reserve RPUD was amended through Ordinance 12-29 on July 24th 2012. The approval contemplated the commercial removal of excess fill material from the site expressly for the anticipated road widening project (US 41 between Collier Boulevard and CR 92). Specifically, Paragraph"D"of the Transportation section of developer commitments stated the following; "Excavated material in an amount up to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated may be removed from the development with no prohibition as to the destination of the material. Excavated material in excess of up to ten percent(to a maximum of 20,000 cubic yards) of the total volume excavated, may be removed from the development and be transported off-site only for use in the US-41 roadway widening project from the intersection of US 41 and Collier Boulevard to the intersection of US 41 and CR 92, and subject to the excavation provisions from the Code of Ordinances as may be amended, however the following paragraph will continue to apply: Issuance of commercial excavation permits. Applications for commercial excavation permits shall be reviewed by the community development and environmental services administrator, or his designee, and by the environmental advisory council for recommendation and approved by the board. When a request is made to remove surplus fill material from a previously approved development excavation, the requirement for review by the environmental advisory council shall be waved, but dependent on haul route and amount of fill to be hauled, staff may require approval by Collier County Planning Commission." The developer estimates that the Florida Department of Transportation (FDOT) may require up to 400,000 cubic yards of excavated material depending on the final design of the US 41 road corridor. The amount of fill needed over a 24-36 month constructions schedule, for the FDOT project, will vary as each construction phase progresses. The developer anticipates that at peak demand,FDOT will request approximately 125 deliveries per day. Recognizing that Greenway Road is only approximately 20 feet wide today, the developer has committed to widen the road to 24 feet prior to commencing fill delivery to FDOT. Upon completion of the fill delivery, the developer has also committed to overlaying Greenway Road with 1.5 inches of asphaltic pavement. These commitments will provide for the safe delivery of material during the construction phase and leave Greenway Road in a better condition than it was prior to construction. The delivery of fill from an adjacent source will also substantially reduce the truck traffic and the associated wear and tear to the existing county roadway network. In addition,the county will be in the process of reconstructing the US 41 and US/CR 951 intersection concurrently with the FDOT US 41 project. Eliminating fill delivery to the US 41 project from existing sources north of the intersection, will dramatically reduce truck traffic at that intersection during the county's construction phase. FISCAL IMPACT:, The FDOT will independently negotiate the fill price with the developer. It is anticipated that the local delivery of fill from a source adjacent to the project will substantially reduce the fill price for the FDOT project. The County will benefit by avoiding the wear and tear on its facilities along with the associated maintenance costs. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval.—ERP GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Recommendation that the BCC approve the offsite removal of fill from the Naples Reserve RPUD pursuant to the language in Ordinance 12-29 and the requirements of Commercial Excavation permit PL 20120002540 subject to the following conditions: 1. The fill material can only be delivered to US 41 in-between Collier Boulevard and CR 92. 2. Greenway Road will be improved, maintained and ultimately overlaid as shown on the Greenway Road improvement exhibit attached. Prepared By: Jack McKenna P.E., County Engineer, Engineering Services Department Growth Management Division Attachments: 1)Location Map,2)Greenway Road Improvements COLLIER COUNTY Board of County Commissioners Item Number: <item_outline> Item Summary: Recommendation to approve the offsite removal of excess fill from the Naples Reserve RPUD pursuant to Ordinance 12-29, Exhibit F,Transportation paragraph "D" and consistent with the Commercial Excavation permit PL 20120002540. Meeting Date: 6/11/2013 Prepared By Name:HouldsworthJohn Title: Site Plans Reviewer,Senior,Engineering&Environm 5/29/2013 8:55:15 AM Approved By Name:McKennaJack Title:Manager-Engineering Review Services,Engineering&Environmental Services Date:5/29/2013 12:13:10 PM Name:PuigJudy Title:Operations Analyst,GMD P&R Date:5/29/2013 12:23:43 PM Name:PepinEmily Title:Assistant County Attorney,CAO Litigation Date: 5/29/2013 4:18:03 PM Name:MarcellaJeanne Title:Executive Secretary,Transportation Planning Date:6/3/2013 1:33:27 PM Name:PepinEmily Title:Assistant County Attorney,CAO Litigation Date:6/3/2013 2:34:53 PM Name:KlatzkowJeff Title:County Attorney Date:6/3/2013 2:57:50 PM Name:FinnEd Title: Senior Budget Analyst,OMB Date:6/4/2013 9:19:19 AM Name: OchsLeo Title:County Manager Date:6/4/2013 9:57:45 AM i Li o [ m Want ..o m II 14 91TE l = m LOCATION 4 _ �- >,r >s : PROJECT . 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[RJM intro regarding NIM process, overview of project, existing approvals to export fill for US 41 improvements, changing from golf course community to lake community has resulted in excess fill, briefly identified projects anticipated to take additional fill]. Questions asked by attendees: Why aren't you using Greenway Road now? Trucks are using Naples Reserve Road before 7 in the morning. What you're probably seeing is construction trucks entering the site,hauling aggregate for laying pipes onsite. No trucks hauling material from the site are using Naples Reserve Road. Initial construction has had to use Naples Reserve. Owner has a ROW permit to make improvements to Greenway Road to be able to use for trucks in the future. All hauling will be done using Greenway Road. None of the trucks should use Naples Reserve Road. Reflection Lakes owns and maintains it. No, we pay for the road, lighting, irrigation, and maintenance. We paved it. When we are finished, we will also improve the road and landscaping. We maintain Naples Reserve Road and will in perpetuity as part of the HOA for the development. This is the entrance road for the project,our front yard, and we want it to look nice. Is the triangle piece [on the west side of Naples Reserve Road at the intersection with US 41] a preserve? Yes, DEP owns the property and it is a mitigation parcel that will be preserved in perpetuity. It will not be developed. It is very difficult to undo conservation easements. Page 1 G:\CDES Planning Services\Current\Gundlach\PUD Amendments\Naples Reserve Golf Club(2014 petition) PL2014- 0342\NIM Summary 4-1r -- - Attachment E Will the Naples Reserve/US 41 intersection have a stoplight after the road widening project is complete? It is designed as a 6-lane intersection with a stoplight, but the signal won't be put up immediately. You will have to meet traffic warrants before the County will install the signal. There will be a signal at Greenway Road. How long will it be before the warrants are met and a stoplight goes in? Will the combined units of Reflection Lakes and Naples Reserve meet the warrant? It depends on the overall traffic on US 41. It may take time – several months or a couple of years. There is no way to say for sure. [EJR offered to provide a copy of the US 41 bid plans to resident of Reflection Lakes for their reference.] The lighting for the flagpole in Reflection Lakes has been out for a while. When will it be back? August. You stated that the additional fill to be removed is linked to golf fairways being converted into lakes.But wasn't the golf use removed a while ago? No, that was only approved in 2012. The water level in the ponds in Reflection Lakes seems to be lower. They also seem to have gone down since blasting began at Naples Reserve. Will digging so many lakes at Naples Reserve affect the water level in our lakes? No, they won't affect the levels in your lakes. Lake elevation goes down in the dry season, and Reflection Lakes may also be seeing some dewatering from the development's proximity to the US 41 canal. Digging lakes removes sand, not groundwater. Naples Reserve does not have canals or anything that will dewater the site. Outfall from the project goes to the preserve area and wetlands at the southwest corner of the site. The site also has monitoring wells to make sure the site is not being dewatered. Allocations for water consumption—i.e. taking water out of the aquifer—are also being reduced. Water consumption(irrigation) for a residential development is less than for a golf course community, and less than for agriculture, so water consumption and water use is going down. Page 2 G:\CDES Planning Services\Current\Gundlach\PUD Amendments\Naples Reserve Golf Club(2014 petition) PL2014- 0342\NIM Summary 4-10-2014.docx How deep will the lakes be? Depths range from 12' to 20' depending on the quality of the material being excavated. Will the lakes be lined? No. Lakes in Florida are typically not lined. It is expensive and not necessary. Will the redesign of US 41 include the canal? Or is it going away? Yes,the redesign maintains a canal and expands it slightly. Why is the water level in the lake in the trailer park adjacent to Reflection Lakes higher? The elevation of that site is lower, probably by 3 or 4 feet. Reflection Lakes was built to flood regulations and buildings are elevated. The trailer park is not. Is Naples Reserve in a flood zone? Yes,the same as Reflection Lakes. When will the excavation of the additional cubic yards of fill begin? How long will it take? First improvements to Greenway Road will be made, which will probably take 2 or 3 months. We hope to be hauling to the US 41 project in August. It will last probably a year or two. The roadway project is projected to end in 2016. How much does each truck carry? Rule of thumb is 15 cubic yards/truck. Who lives on Greenway? Why is nobody here from that road? It is more rural, nurseries and agriculture. There is a Habitat for Humanity development off of Greenway. We have been in contact with them in case there would be a conflict with school buses, but the buses pick up inside the development, not on Greenway. We haven't had any issues using Greenway,but if issues arise, we will address them. Page 3 G:\CDESPlanning Services\Current\Gundlach\PUDAmendments\Naples Reserve Golf Club (2014 petition) PL2014- 0342\NIM Summary 4-10-2014.docx Does the development have a secondary access? Yes, this is required by code. It will be onto Greenway. Both accesses will be gated but not guarded. Will there be an access road for us to take to Greenway? No,not that Naples Reserve is constructing. Page 4 G:\CDES Planning Services\Current\Gundlach\PUD Amendments\Naples Reserve Golf Club(2014 petition) PL2014- 0342\NIM Summary 4-10-2014.docx COLLIER COUNTY GROWTH MANAGEMENT PLAN AMENDMENTS 2013 Batch/In-House GMP MENDMENTS (TRANSMITTAL HEARING) [Petitions: Project PL20130001109/CPSP-2013-6] CCPC: MAY 15., 2014 BCC: JULY 08, 2014 Clerk of Court TABLE OF CONTENTS 2013 (EAR-Based) Batch #1 In-House GMP Amendments Transmittal Hearing Project PL20130001109/Petition CPSP-2013-6 CCPC May 15, 2014 AGENDA 1) TAB: Table of Contents DOCUMENT: Table of Contents 2) TAB: Transmittal Staff Report DOCUMENT: CCPC Staff Report: PL20130001109/CPSP-2013-6 3) TAB: Transmittal Resolution DOCUMENTS: Transmittal Resolution with Exhibit "A" Text or Maps: PL20130001109/CPSP-2013-6 4) TAB: Legal Advertisements DOCUMENT: CCPC Advertisement Amendments(s) include the following GMP Elements: 1) Capital Improvement Element 2) Transportation Element 3) Storm Water Sub Element of the Public Facilities Element 4) Recreation & Open Space Element 5) Conservation & Coastal Management Element 6) Future Land Use Element Agenda Item 9H Co e-r CeOT4.Hty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION, LAND DEVELOPMENT SERVICES DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: MAY 15, 2014 RE: PETITION NO. PL20130001109/CPSP-2013-6, STAFF-PROPOSED AMENDMENTS TO THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT, CAPITAL IMPROVEMENT ELEMENT, FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP SERIES, RECREATION AND OPEN SPACE ELEMENT, STORMWATER MANAGEMENT SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT, AND THE TRANSPORTATION ELEMENT OF THE GROWTH MANAGEMENT PLAN [TRANSMITTAL HEARING] REQUESTED ACTION and STAFF ANALYSIS: This proposal consists of several individual staff-initiated amendments, as authorized or directed by the Board of County Commissioners. Most of the amendments seek to add clarity, correct text and map errors or omissions, and provide harmony and internal consistency. Each amendment is identified below, followed by brief explanation/analysis. The proposed amendments themselves make up the Exhibit "A" accompanying the Transmittal Resolution. Conservation &Coastal Management Element(CCME): • Revise Statutory cites in INTRODUCTION, as amended earlier by Evaluation and Appraisal Report (EAR)-based Growth Management Plan (GMP) amendments elsewhere. • The subject of adopted 2011 EAR direction —the Objective 2.1 placeholder, "or its successor" appears in the 2013 Ordinance adopting EAR-based GMPAs, then awaiting adoption of specific document. • Deleting possessive modifier in Goal 6, for proper language of a GMP Goal. • Change year from "2012" to "2013" in Policy 6.1.1. • Remove the term "District" in this context in Policy 6.2.3. • The subject of adopted 2011 EAR direction—updating the reference to a State of Florida document to replace the Policy 6.5.2 placeholder text that was then awaiting adoption of specific document. • The subject of adopted 2011 EAR direction—revise Goal 8 and Objective 8.1 for proper language of a GMP Goal and Objective; these were overlooked and did not specifically appear in the 2013 Ordinance adopting EAR-based GMPAs. • The subject of adopted 2011 EAR direction—revise Objective 9.3 and Policy 9.3.1 for proper language of a GMP Goal and Objective; these were overlooked and did not specifically appear in the 2013 Ordinance adopting EAR-based GMPAs. • The subject of adopted 2011 EAR direction—revise Goal 11 and Objective 11.1 for proper language of a GMP Goal and Objective; these were overlooked and did not specifically appear in the 2013 Ordinance adopting EAR-based GMPAs. • Revise department names in Policy 12.1.6. — 1 — Agenda Item 9H • Renumber policy with the number"12.1.16"to"12.1.15". • Revise department name in Policy 12.2.5. • Revise department/director name in Policy 12.3.3. • The subject of adopted 2011 EAR direction—revise Objective 12.4 for proper language of a GMP Objective, and revise department name in Objective 12.4 and Policy 12.4.1. • The subject of adopted 2011 EAR direction—revise Goal 13 and Objective 13.1 for proper language of a GMP Goal and Objective; these were overlooked and did not specifically appear in the 2013 Ordinance adopting EAR-based GMPAs. Capital Improvement Element(CIE): • Revise Statutory cite in INTRODUCTION, as amended earlier by EAR-based GMPAs elsewhere. • Make singular the "Goals" in heading II. • Revise to include introductory statement in Policy 1.5.H, which did not get moved with other EAR-based amendments. • Update references to School District documents in "Public School Facilities Projects" section of the Schedule of Capital Improvements. • Delete entry no. 4, under Section V, referring to a Semi-annual Report that is no longer required. Re-number subsequent entries 5-7 to account for this deletion. • Update language in present entry 7 under Section V referencing Evaluation and Appraisal Reports; delete 7.B. to correlate with earlier deletion pertaining to a Semi-annual Report that is no longer required, and re-letter present 7.C; and, add new 7.0 to reflect statutory changes in 2011. • Revise throughout to correctly use the "US 41"highway designation that officially, has no periods, as with "U.S. 41" and no hyphenation, as with "US-41". Change all US 41 entries — and other US highways—to be consistent. Future Land Use Element(FLUE): • Update reference to Florida Planning law in the UNDERLYING CONCEPTS, "Coordination of Land Use and Public Facilities" section. • De-capitalize a common noun in Policy 2.2. • Replace the informal "#"with the formal "No." for internal consistency in Policy 4.6 and throughout. Note: the strike through of the number symbol-#- may not be apparent. • Revise second paragraph under the "Urban Mixed Use District" section to delete a portion of one sentence for clarity—many years ago an amendment was adopted in which words were missing resulting in a nonsensical sentence; and, to revise another sentence for proper sentence structure. • Revise to remove the seldom found ":" (colon)for internal consistency from "Urban Residential Subdistrict:" and other applicable subdistrict headings where found. • Remove a repeated phrase Sending Lands subsection 9.d. • Revise to remove the seldom found "*" (asterisk)for internal consistency from North Belle Meade Overlay, In General, Planning Considerations' subsections and other applicable provisions where found. Note: the strike through of an asterisk-*- may actually appear to be an underline. • Revise the acronym-only heading for internal consistency from the "NRPA" subsection. • Revise Statutory cite in RLSA Policies1.2, 4.2 and 4.7, as amended earlier in RLSA Policies 1.16 and 4.6 by EAR-based GMPAs and other applicable provisions where found. • Revise throughout to correctly use the "US 41"highway designation that officially, has no periods, as with "U.S. 41" and no hyphenation, as with "US-41". Change all US 41 entries — and other US highways—to be consistent. —2— Agenda Item 9H Future Land Use Map Series (FLUM): • Add new Gordon River Greenway Conservation designation inset map and add inset map title to FUTURE LAND USE MAP SERIES listing. Recreation and Open Space Element(ROSE): • Revise to number headings; delete element name sub-heading. • Amend Policy 1.1.1 to replace Policy"1.5; subsection "G""with Policy "1.5.G"for internal consistency. • Delete paragraph "C" under Policy 1.1.1. Paragraphs "A" and "B" in Policy 1.1.1 were correctly deleted from the ROSE by Ordinance 13-11 (EAR-based amendment) and the content of Paragraphs A and B were correctly added to the CIE by Ordinance 13-03 (EAR-based amendment). The content of Paragraph "C"was deleted from the CIE prior to 2008, but the glitch occurred when the duplicative Paragraph C in the ROSE was not. • Revise Goal 2 to be consistent with EAR-based re-formatting of goals, objectives and policies, throughout. Stormwater Management Sub-Element: • Revise to match earlier Sub-Element renaming as amended elsewhere in the INTRODUCTION for internal consistency, and to use upper case more similar to prevailing style found where a specific"Element" or"Sub-Element" is being referenced—making these proper nouns—and other applicable provisions where found. • Revise to number headings; Make singular the "Goals" in heading II. • Amend Policy 2.1 to replace Policy"1.5; subsection "C""with Policy "1.5.C" for internal consistency. • The subject of adopted 2011 EAR direction— updating the reference to a State of Florida document to replace the Policy 6.2 placeholder text that was then awaiting adoption of specific document. Repeated in Policy 6.3 item 2. • The subject of adopted 2011 EAR direction—completing the incomplete list of basins and their respective discharge rates in Policy 6.3. Transportation Element(TE): • Revise to de-pluralize the word "resembles" in the FUTURE SYSTEM NEEDS, "Traffic Circulation Constraints" section. • Amend Policy 1.3 to replace Policy "1.5; subsection "A""with Policy "1.5.A" for internal consistency. • Amend Policy 1.4 to replace Policy"1.5; subsection "B"" with Policy "1.5.B" for internal consistency. • Re-insert the word "and" between 'Statutes' and 'the' in Policy 5.4, which was unintentionally deleted by Ord. 13-4 (EAR-based GMPAs). • Insert parenthetical number entries where only written numbers appear, so as to add clarity in Policies 5.5 and 5.6. • Revise Policy 5.6 to correct the reference to "Department" affected by past renaming as part of an organizational change. • Insert thoroughfare designation entries to add clarity in Policy 6.5—and other instances where found. • Revise Policy 6.5 to add complete road names. • Revise to correctly use the "US 41"highway designation that officially, has no periods, as with "U.S. 41" and no hyphenation, as with "US-41". Change all US 41 entries — and other US highways—to be consistent in Policies 5.4, 5.5, 6.5 and in the List of tables/Maps/Figures (un- adopted). —3 — Agenda Item 9H ADDITIONAL STAFF ACTION and ANALYSES: Approval of amendments to the Growth Management Plan Element is intended to confer the Board's consent to make similar and related changes to un-adopted portions of the document. The above Elements of the GMP have a number of these in common, in particular: to update and make current the Tables of Contents, along with corresponding titles, headings and other entries — inside and between Elements—to maximize internal consistency. Environmental Impacts: The above amendments are primarily text and/or map corrections and clarifications, with no amendments resulting in a new change to the future land use designation. Accordingly, these amendments do not intensify the allowable uses or densities, and there are no new environmental impacts being authorized by any of these amendments. Public Facilities Impacts: Due to the nature of most of these amendments, there are no new impacts upon public facilities being authorized. LEGAL CONSIDERATIONS: This staff report has been approved as to form and legality by the Office of the County Attorney. STAFF RECOMMENDATION: That the Collier County Planning Commission forward Petition CPSP-2013-6 to the Board of County Commissioners with a recommendation to Transmit to the Florida Department of Community Affairs. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] —4— Agenda Item 9. PREPARED BY: CCV • • DATE: up AliL14- CORBY SCHMIDT,AICP, PRI C PAL PLANNER COMPREHENSIVE PLANNING SECTION, PLANNING AND ZONING DEPARTMENT REVIEWED BY: F l. , Y -...._... DATE: 14l DAVID WEEKS, AICP, GROWTH MANAGEMENT PLAN MANAGER COMPREHENSIVE PLANNING SECTION, PLANNING AND ZONING DEPARTMENT REVIEWED BY: DATE: `I "its 111 MIKE BOSI,AICP, DIRECTOR, PLANNING AND ZONING DEPARTMENT APPROVED BY: DATE: L4 -17 -/V NICK CA6A GUS A,AD OR GROWTH MANAGEMENT DIVISION PETITION NOs. PL20130001109/CPSP-2013-6 Staff Report for the May 15, 2014, CCPC Meeting. NOTE: This petition has been scheduled for the July 8, 2014, BCC Meeting. G:ICDES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments\2013 GMPAs Outside of Cycle\CPSP-2013-6 First Set of Batch Amendments\13-6 Transmittal Stff Rprt_4-16 final.docx -5 - RESOLUTION NO. 14- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, PROPOSING 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, TO FIX GLITCHES RELATED TO CHANGES IN THE 2011 EAR-BASED AMENDMENTS AND TO REVISE FORMAT, STRUCTURE AND LANGUAGE FOR INTERNAL CONSISTENCY SPECIFICALLY AMENDING THE CAPITAL IMPROVEMENT ELEMENT; TRANSPORTATION ELEMENT; CONSERVATION AND COASTAL MANAGEMENT ELEMENT; RECREATION AND OPEN SPACE ELEMENT; THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES; THE STORMWATER MANAGEMENT (DRAINAGE) SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. [PL20130001109/CPSP-2013-6[ WHEREAS, Collier County, pursuant to Section 163.3161, et seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was n required to prepare and adapt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989;and WHEREAS, in accordance with Section 163.3191, Florida Statutes (2010), Collier County adopted its Evaluation and Appraisal Report ("EAR") of the Growth Management Plan on January 31. 2011 by Resolution No.2011-24;and WHEREAS, the EAR identified provisions of the Growth Management Plan that need to be amended; and WHEREAS, Collier County has prepared EAR-based plan amendments to address glitches related to 2011 EAR-based amendments to the following elements of its Growth Management Plan: Capital Improvement Element; Transportation Element; Conservation and Coastal Management Element; Recreation and Open Space Element; Future Land Use Element; Stormwater Management(Drainage)Sub-Element; EAR-based C M'PA Page 1 of 3 Rev.4116/14 Words underlined are additions;Wordsk-t#ret are deletions and WHEREAS, on May 15, 2014, the Collier County Planning Commission considered the proposed EAR-based amendments to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, Florida Statutes, and recommended approval of said amendments to the Board of County Commissioners; and WHEREAS, on July 8, 2014, the Board of County Commissioners at a public hearing approved the transmittal of the proposed EAR-based amendments to the Growth Management Plan to the state land planning agency in accordance with Section 163.3184, Florida Statutes;and WHEREAS, upon receipt of Collier County's proposed EAR-based Growth Management Plan Amendments, the Department of Economic Opportunity (DEO) has sixty (60) days to review the proposed EAR-based amendments and DEO must transmit, in writing, to Collier County, its comments along with any objections and any recommendations for modification, within said sixty(60)days pursuant to Section 163.3184(4), Florida Statutes;and WHEREAS, Collier County, upon receipt of the written comments from DEO, must adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendments within one-hundred-eighty (180) days of such receipt pursuant to Section 163.3184(4), Florida Statutes; and WHEREAS, after the DEO makes a determination of completeness of the adopted EAR- based Growth Management Plan Amendments, the DEO has forty-five (45) days to review and determine if the Plan Amendments are in compliance with the Community Planning Act of 2011, pursuant to Section 163.3184(4), Florida Statutes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: The Board of County Commissioners hereby approves the proposed EAR-Based Growth Management Plan Amendments attached hereto as Exhibit A and incorporated by reference herein, for the purpose of transmittal to the Department of Economic Opportunity thereby initiating the required State evaluation of the Growth Management Plan Amendments, prior to final adoption and State determination of compliance with the Community Planning Act of 2011. THIS RESOLUTION adopted after motion, second and majority vote this day of 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK CLERK COLLIER COUNTY,FLORIDA BY: Deputy Clerk TOM HENNING,Chairman EAR-based GMPA Page 2 of 3 Rev.4116/14 Words underlined are additions; Words 5t-r-tiek-thfetigh are deletions Approved as to form and legality: Of' Heidi Ashton-Cicko 40) Managing Assistant County Attorney Attachment: Exhibit A—Text and Maps 14-CMP-00913/14 EAR-based GMPA Page 3 of 3 Rev,4/16/14 Words underlined are additions;Words stfeekrthfettgh are deletions Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 EXHIBIT "A" PL201300011091CPSP-2013-6 CONSERVATION AND COASTAL MANAGEMENT ELEMENT (CCME) I, INTRODUCTION [Revised text, page 1] Subsection 163.3177 ( (6)(d), Florida Statutes requires all local governments within the State of Florida to have, as part of their respective Local Government Comprehensive Plans, an Element, dealing with "the conservation, use, and protection of natural resources in the area, including air, water, water recharge areas, wetlands, water wells, estuarine marshes, soils, beaches, shores, flood plains, rivers, bays, lakes, harbors, forests, fisheries and wildlife, marine habitat, minerals, and other natural and environmental resources, including factors that affect energy conservation." - - - -- .--:- - - This Subsection 163.3177 (6)(d), F.S., which also requires local Conservation Elements to consider the applicable Water Management District water supply plans or water management plans. More specifically, the Conservation Element must"assess their';current, as well a&and projected, water needs and sources for at least a 10-year period." In addition to the Conservation Element, Subsection 163.3177 (5Xg) (6)(q), Florida Statutes, also requires certain designated local governments (including Collier County) to have an element of the local comprehensive plan dealing with coastal management. This Coastal Management Element must "set forth the policies that shall guide the local government's decisions and program implementation with respect to the following objectives:" ** ** ** *** *** text break *** *** *** *** *** OBJECTIVE 2.1: [Revised text, page 6] Prepare Watershed Management Plans, which contain appropriate mechanisms to protect the County's estuarine and wetland systems. Until the Watershed Management Plans are completed, the County shall apply the following as interim standards for development: a. All new development and re-development projects shall meet 150% of the water quality volumetric requirements of the =- '= - - - -- - "- _- -- '- A:: _ x - - - e - - - -- e.- • State of Florida's Environmental Resource Permit Applicant's Handbook Volume I (2013). or its successor, in effect at the time of project approval, and the retention and detention requirements, and the allowable off-site discharge rates required by Stormwater Management Sub-Element Policy 6.2 and 6.3, respectively; *** *** *** *** *** text break *** *** *** *** *** GOAL 6: [Revised text, page 16] TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE THE COUNTY'S NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. *** *** *** *** *** text break *** *** *** *** *** Policy 6.1.1: [Revised text, page 16] For the County's Urban Designated Area Estates Designated Area, Conservation Designated Area and Agricultural/Rural Mixed Use District, Rural-Industrial District and Rural-Settlement Area District as designated on the FLUM, native vegetation shall be preserved through the application of the following minimum preservation and vegetation retention standards and criteria, unless the DRAFT Words underlined are added;words strook-through are deleted. 1 Staff Proposed GIMP Amendments CCPC Transmittal Draft 4116/14 development occurs within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future Land Use Element shall apply. Notwithstanding the ACSC requirements, this jaPolicy shall apply to all non-agricultural development except for single-family dwelling units situated on individual parcels that are not located within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element. For properties not previously within the Coastal High Hazard Area but now within the Coastal High Hazard Area due to adoption of a revised Coastal High Hazard Area boundary in 201-2 2013, the native vegetation preservation and retention standards of the Non-Coastal High Hazard Area shall continue to apply. (Reference the Coastal High Hazard Area Comparison Map in the Future Land Use Element.) *** *** *** *** text break *.* *** *** *** *** Policy 6.2.3: [Repositioned parenthetical and revised text, page 27] Collier County shall implement a comprehensive process to ensure wetlands and the natural functions of wetlands are protected and conserved... The County shall direct impacts away from such wetlands. break *** *** *** *** *** (2) Big Cypress Area of Critical State Concern (ACSC) Overlay Best available data indicates that 74% of the County's wetlands are within the Big Cypress Area of Critical State Concern Overlay. The land development regulations contained in the ACSC Overlay District, as depicted on the Countywide Future Land Use Map, provide standards that facilitate the goal of directing higher intensity land uses away from wetland systems. The development standards for the ACSC Overlay (Reference FLUE Land Use Designation Section V) specify that site alterations shall be limited to 10% of the total site The majority of the land contained within the ACSC is also within the Conservation Designation and thus is subject to the land use limitations of that Land Use Designation. (3) Natural Resource Protection Areas(NRPAs) Major wetland systems and regional flow-ways were used as criteria to establish the NRPA Overlay District as shown on the Future Land Use Map, and as discussed in FLUE Land Use Designation, Section V.C. These areas include high functioning wetland systems and, although portions of the NRPA Overlay include lands within the Conservation Designation, represent approximately 12% of the County's wetlands, which are not located in Conservation Lands. Based on the relatively high concentration of wetlands within NRPA designated lands, incompatible land uses shall be directed away from these areas. Allowable land uses within NRPAs are also subject to native vegetation retention and preservation standards of 90%. text break Policy 6.5.2: [Revised text, page 35] The following criteria shall apply to development contiguous to natural reservations in order to reduce negative impacts to the natural reservations: text break *.. *** *** *** *** (3) Within the Rural Fringe Mixed Use District, stormwater management systems discharging directly to the natural reservation shall meet the Outstanding Florida Water criteria of one-half inch of dry retention or retention pretreatment as specified in Section 5.2.2(b), of the SPALMDts DRAFT Words underlined are added;words struck-through are deleted. 2 low Staff Proposed GMP Amendments CCPC Transmittal Draft 4116114 - .:-•..• !� • ;_. •e State of Florida's Environmental Resource Permit Applicant's Handbook Volume I (2013), or its successor. (4) Proposed development shall demonstrate that ground water table drawdowns or diversions will not adversely impact the natural reservation. Detention and control elevations shall be set to protect the natural reservation and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of i the State of Florida's Environmental Resource Permit Applicant's Handbook Volume I (2013), or its successor. * *** *** *** *** text break *** *** *** *** *** GOAL 8: [Revised text, page 41] THE COUNTY SHALL TO MAINTAIN COLLIER COUNTY'S EXISTING AIR QUALITY. OBJECTIVE 8.1: [Revised text, page 41] -- -_ -- _ _ - sComply with all applicable federal and State air quality standards. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 9.3: [Revised text, page 42] _ 2 - - w:---•-• eContinue to hold its hazardous waste collection days at least once per year. Policy 9.3.1: [Revised text, page 42] The hHazardous waste collection days shall target residential households but also allow small businesses to participate to some extent. *** *** *** *** *** text break *** *** *** *** *** GOAL 11: [Revised text, page 50] TO PROVIDE FOR THE PROTECTION, RESERVATION, AND SENSITIVE RE-USE OF HISTORIC RESOURCES. OBJECTIVE 11.1: [Revised text, page 50] To pProtect historic and archaeological resources in Collier County. *** *** *** *** *** text break x** *** *** *** *** Policy 12.1.6: [Revised text, page 52] The Directors of the Engineering Services Department/Transportation Planning Section and Bureau of Emergency Services Management Departments will review, at least annually, review evacuation route road improvement needs to ensure that necessary improvements are reflected within Table A, the Five-Year Schedule of Capital Improvements, as contained within the Capital Improvement Element of this Growth Management Plan. *** *** *** *** *** text break *** *** *** *** *** Policy 12,1.14: [Revised text, page 53] All new nursing homes and assisted living facilities that are licensed shall have a core area to shelter residents and staff on site The core area will be constructed to meet the Public Shelter Design Criteria that is are required for new public schools and public community colleges and universities DRAFT Words underlined are added;words straok eugh are deleted. 3 Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16114 ("State Requirements for Educational Facilities," 2007). Additionally, this area shall be capable of ventilation or air conditioning provided by back-up generator for a period of no less than 72 hours. Policy 12.1.4-6 15: [Revised text, page 54] The County will coordinate with the Florida Department of Transportation on its plans to one-way evacuation routes on State maintained roads that are primary evacuation routes for vulnerable populations. *** *** *** *** *** text break *** *** *** *** .** Policy 12.2.5: [Revised text, page 55] The County shall consider the Coastal High Hazard Area as a geographical area lying below the elevation of the Category 1 storm surge line as presently defined in the 2011 Southwest Florida Regional Planning Council's Hurricane Evacuation Study, or subsequently authorized storm surge or evacuation planning studies coordinated by the Collier County Bureau of Emergency Services -- - -• P-■- -• --• and approved by the Board of County Commissioners, *** *** .** text break .** *** *** *** *** Policy 12.3.3: [Revised text, page 55] The Recovery Task Force shall include the Sheriff, the Growth Management Division Administrator, the - z -• -- - Planning and Zoning Director, the Bureau of Emergency Services Director and other members as directed by the Board of County Commissioners, such as representatives from municipalities within the County that have received damage from a storm. *** *** *** text break *** *** *** *** *** OBJECTIVE 12.4: [Revised text, page 56] The-Goonty-ohall rnMake every reasonable effort to meet the emergency preparedness requirements of Persons with Special Needs such as the elderly, handicapped, the infirmed and those requiring transportation from a threatened area. In the event of a countywide emergency, such as a hurricane or other large-scale disaster, the County Bureau of Emergency Services Management Department in coordination with the County Health Department and other officials shall open and operate one or more refuges for persons listed on the County's Special Needs Registry and their caregivers. Medical and support equipment at such refuges will include, but not necessarily be limited to, respirators, oxygen tanks,first aid equipment, disaster cots and blankets, and defibrillators. Policy 12.4.1: [Revised text, page 56] All new hospitals, nursing homes, and adult congregate living facilities shall prepare an emergency preparedness plan for approval by the Bureau of Emergency Services Management Department prior to receiving a final development order. *** *** *** *** *** text break *** *** *** *** *** GOAL 13: [Revised text, page 56] T-14E—COUN-T-Y—SHALL TO AVOID UNNECESSARY DUPLICATION OF EXISTING REGULATORY PROGRAMS. OBJECTIVE 13.1: [Revised text, page 57] To establish, prior to the adoption of any land development regulation to implement this Element, including but not limited to NRPA management guidelines and watershed management plans, a DRAFT Words underlined are added;words&tick-through are deleted. 4 Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 program to review such regulations and identify existing regulatory programs exercised by regional, State, or Federal agencies with jurisdiction over the activities sought to be regulated. CAPITAL IMPROVEMENT ELEMENT (CIE) I. INTRODUCTION [Revised parenthetical citation, page 1] *** *** *** *** *** text break *** *** *** *** *** One of the specific requirements of the legislation states that the public facilities that are contained in the CIE must be based on "standards to ensure the availability of public facilities and the adequacy of those facilities to meet established acceptable levels of service." The statute defines the phrase"level of service" as "...an indicator of the extent or degree of service provided by ... a facility based an and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility." (Section ?- -.el- = , - e*".-- - - -22'- 163.3164(28), Florida Statutes). *** *** *** *** *** text break *** *** *** *** *** II. GOALS, OBJECTIVES AND POLICIES [Revised parenthetical citation, page 2] *** *** *** *** *** text break *** *** *** *** *** Policy 1.5: [Revised text, page 7] The standards for levels of service of public facilities shall be as follows: *** *** *** *** *** text break *** *** *** *** *** C. County Stormwater Management Systems: *** *** *** *** *** text break *** *** *** *** *** LEVELS OF SERVICE ATTAINED BY BASINS *** *** *** *** *** text break *** *** *** *** *** BASIN LEVEL OF SERVICE SOUTHERN COASTAL BASIN US-41 US 41 Outfall Swale No. 1 Basin D US-44 US 41 Outfall Swale No. 2 Basin D Seminole Park Outlet Basin C *** *** *** *** *** text break *** *** *** *** *** H. Public School Facilities: Level of Service (LOS) standards for CSAs shall be based upon permanent FISH capacity: DRAFT Words underlined are added;words struck-hrough are deleted. 5 Staff Proposed GPM Amendments CCPC Transmittal Draft 4116/14 1. Elementary schools = 95 percent (0.95) of CSA Enrollment/ FISH Capacity 2. Middle schools = 95 percent (0.95) of CSA Enrollment/ FISH Capacity 3. High schools = 100 percent (1.00) of CSA Enrollment/ FISH Capacity .*. *.* .** *** *** text break *** .** *** *** *** Collier County Schedule of Capital Improvements [Revised text, page 23] Public School Facilities Projects For the purpose of school concurrency, and in accordance with Policy 4.2, the County hereby incorporates, by reference, the School District's Capital Improvement Plan FY 13 32 14 33, approved on May 8, 2012 May 14, 2013: and, the District Facilities Work Program FY 13 17 14 — 18, adopted by the School Board on September 12, 2012 September 10. 2013 is hereby incorporated as data and analysis. ... **. *.* *.. *** text break **. **. *** *** *** V. PROGRAMS TO ENSURE IMPLEMENTATION [Revised text, page 26] Through continued implementation of adopted land development regulations the following programs have been implemented to ensure that the goals, objectives and policies established in this Capital Improvement Element will be achieved or exceeded. *.. *** **. *** *** text break *** *** *** ... *** The mandatory -••• _ - -es' -- e ida Department of Community Affairs concerning • • • 5 4. Update of Capital Improvement Element [Renumbered text, page 26] The monitoring of and adjustment to this Capital Improvement Element is an ongoing process necessitated by changing conditions. Beginning no later than December of each year, the Element will be updated in conjunction with the County's budget process, and the release of the official BEBR population estimates and projections. The update will include: *** *** *** *** *** text break *** *** *** *** *** • • 6 5. Concurrency Management System [Renumbered text, page 27] *** *** *** *** *** text break *** *** *** *** *** • 7 6. Third Evaluation and Appraisal Report Reviews [Renumbered & revised text, page 28] -- --: .' •: •` _ Evaluation and Appraisal Report Reviews (EAR) will address the implementation of the goals, objectives and policies of this Capital Improvement Element. The monitoring procedures necessary to enable the completion of the-third each evaluation include: A. Review of annual reports of the Concurrency Management System, as set forth in Section 6 5 above; _ .. t_ ' _ _ -- _ -- - • DRAFT Words underlined are added,words struck through are deleted. 6 wwwww Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 G B. Review of annual updates of this Capital Improvement Element, including updated supporting documents; and C. Review of State of Florida legislation concerning comprehensive planning and growth management passed since the previous EAR to evaluate effects on Collier County planning efforts. FUTURE LAND USE ELEMENT (FLUE) *** *** ** *** *** text break *** *** *** *** *** C. UNDERLYING CONCEPTS [Revised text, page 4] *** *** *** *** *** text break *** *** *** *** *** Coordination of Land Use and Public Facilities At the heart of Florida's Gfewtizi-Mattiagement Community Planning Act (Chapter 163, Florida Statutes) is the requirement that adequate service by public facilities must be available at the time of demand by new development. This requirement is achieved by spatial coordination of public facilities with land uses through the Future Land Use Map, and temporal coordination through LOS standards. The LOS standards are binding - no final local Development Order may be issued which is not consistent with the Concurrency Management System. Binding LOS standards have been established for roads, water supply, sewage treatment, water management, solid waste and parks. While the standards in the Capital Improvement and Public Facility Elements serve to guide public provision of infrastructure, within the context of the Future Land Use Element the standards serve to assure the availability of adequate facilities, whether public or private. *** *** *** *** *** text break *** *** *** ** *** Policy 2.2: [Revised text, page 12] Deficiencies or potential deficiencies that have been determined through the Annual Update and Inventory Report on capital public facilities may include the following remedial actions: establish an area of significant influence for roads, a TCEA, TCMA, add projects to the Capital Improvement Element, enter into a binding commitment with a Odeveloper to construct the needed facilities or defer development until improvements can be made or the level of service is amended to ensure available capacity. *** *** *** *** *** text break *** *** *** *** *** Policy 2.4: [Revised text, page 12] Pursuant to the Urban Infill and Urban Redevelopment Strategy contained in this Element, development located within the South ice: US 41 Transportation Concurrency Exception Area (TCEA) (See Map TR-4) may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures set forth in Policy 5.5 of the Transportation Element. Developments within the South U& US 41 TCEA that do not obtain certification pursuant to Policy 5.6 of the Transportation Element shall meet all concurrency requirements. Whether or not a concurrency exception is requested, developments shall be subject to a concurrency review for the DRAFT Words underlined are added;words etruok-through are deleted. 7 Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 purpose of reserving capacity for those trips associated with the development and maintaining accurate counts of the remaining capacity on the roadway network. *** *** *** *** *** text break *** *** *** *** *** Policy 4.6: [Revised text, page 16] Access Management Plan provisions have been developed for Mixed Use and Interchange Activity Centers designated on the Future Land Use Map and these provisions have been incorporated into the Collier County Land Development Code. The intent of the Access Management Plan provisions is defined by the following guidelines and principles: a. The number of ingress and egress points shall be minimized and shall be combined and signalized to the maximum extent possible_ b. Spacing of access points shall meet, to the maximum extent possible, the standards set forth in the Collier County Access Control Policy (Resolution#No. 01-247, adopted June 26, 2001). Policy 4.7: [Revised text, page 16] The Board of County Commissioners may consider whether to adopt redevelopment plans for existing commercial and residential areas. Such plans may include alternative land uses, modifications to development standards, and incentives that may be necessary to encourage redevelopment. Such redevelopment plans may only be prepared by the County or its agent unless otherwise authorized by • the Board of County Commissioners. The Bayshore/Gateway Triangle Redevelopment Plan was adopted by the Board on June 13 2000; it encompasses the Bayshore Drive corridor and the triangle area formed by US 41 East, Davis Boulevard and Airport-Pulling Road. The Immokalee Redevelopment Plan was adopted by the Board on June 13, 2000. Other specific areas that may be considered by the Board of County Commissioners for redevelopment include, but are not necessarily limited to: a. Pine Ridge Road, between 1 -5: US 41 North and Goodlette-Frank Road; b. 14,S,US 41 North in Naples Park; and, c. Bonita Beach Road between Vanderbilt Drive and the west end of Little Hickory Shores #1 Subdivision. *** *** *** *** *** text break *** *** *** *** *** A. Urban Mixed Use District [Revised text, page 27] This District, which represents approximately 116,000 acres, is intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as Planned Unit Developments. Certain industrial and commercial uses are also allowed subject to criteria, - - - -- - - .-= -_ e - = Water-dependent and water-related land uses are permitted within the coastal region of this District. Mixed-use sites of water-dependent and water-related uses and other recreational uses may include water-related parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, and restaurants. Any development that includes a water-dependent and/or water-related land use shall be encouraged to the use of the Planned Unit Development technique and other innovative approaches so as to conserve environmentally sensitive areas features and to assure compatibility with surrounding land uses. *** *** *** *** *** text break *** *** *** *** *** 1. Urban Residential Subdistrict: [Revised text, page 28] DRAFT Words underlined are added;words st u k-t treugh are deleted, 8 ...._........ Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. This Subdistrict comprises approximately 93,000 acres and 80% of the Urban Mixed Use District. Maximum eligible residential density shall be determined through the Density Rating System but shall not exceed 16 dwelling units per acre except in accordance with the Transfer of Development Rights Section of the Land Development Code. 2. Urban Residential Fringe Subdistrict: The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural/Rural Area and comprises approximately 5,500 acres and 5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum base density of 1.5 units per gross acre, plus any density bonus that may be achieved via CCME Policy 6.2.5 (6) b.1., and either "a" or "b" below: *** *** **• *** *** text break *,t* *** *** *** *** 3. Urban Coastal Fringe Subdistrict: [Revised text, page 30] *** *** *** *** *** text break *** *** *** *** *** 6. PUD Neighborhood Village Center Subdistrict: [Revised text, page 33] *** *** *** *** *** text break *** *** *** *** *** 10. Henderson Creek Mixed Use Subdistrict [Revised text, page 371 The Henderson Creek Mixed Use Subdistrict consists of approximately 83 acres and is located east of Collier Boulevard (SA, SR 951) and south of 1-1-, US 41 (Tamiami Trail, East). The intent of the Subdistrict is primarily to provide for a mixture of regional commercial uses and residential development; the regional commercial uses are intended to serve the South Naples and Royal Fakapalm Planning Communities, and the Marco Island area. Conversely, the primary intent of the Subdistrict is not to provide for community and neighborhood commercial uses. The focus of the residential component of the Subdistrict shall be the provision of affordable-workforce housing to support the commercial uses within the Subdistrict, as well as in the South Naples and Royal Fakapalm Planning Communities, and the Marco Island area. The entire Subdistrict shall be developed under a unified plan; this unified plan must be in the form of a Planned Unit Development. *** *** *** *** *** text break *** *** *** *** *** Specific requirements and limitations for the Henderson Creek Mixed-Use Subdistrict as follows: a. Access to the Subdistrict shall be provided from Collier Boulevard (SR 951) and 1.1,87.US 41. A loop road that is open to the public shall connect these access points. *** *** *** *** *** text break *** *** *** *** *** 1 . Vanderbilt Beach Road Neighborhood Commercial Subdistrict [Revised text, page 43] The purpose of this Subdistrict is to provide primarily for neighborhood commercial development at a scale not typically found in the Mixed Use Activity Center Subdistrict. .** *** *** *** *** text break *** *** *** *** *** a. Parcel 1 DRAFT Words underlined are added;words stcus ough are deleted. 9 Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 This parcel is located at the intersection of Livingston Road and Vanderbilt Beach Road. A maximum of 100,000 square feet of gross leasable floor area for commercial uses may be allowed. Allowable uses shall be the following, except as prohibited above: retail, personal service, restaurant, office, and all other uses as allowed, whether by right or by conditional use, in the C-1 through C-3 zoning districts as set forth in the Collier County Land Development Code, Ordinance No. 04-41, as amended, in effect as of the date of adoption of this Subdistrict (Ordinance No. 2005-25 adopted on June 7, 2005); other comparable and/or compatible land uses not found specifically in the C-1 through C-3 zoning districts, limited to: general and medical offices, government offices, financial institutions, personal and business services, limited indoor recreational uses, and limited retail uses; mixed-use development (residential and commercial uses). The maximum floor area for any single commercial user shall be 20,000 square feet, except for a grocery/supermarket, physical fitness facility, craft/hobby store, home furniture/furnishing store, or department store use, which shall not exceed a maximum of 50,000 square feet, b. Parcel 2 This parcel is located approximately 1/4 mile east of Livingston Road and is adjacent to multifamily residential uses. A maximum of 80,000 square feet of gross leasable floor area for commercial uses may be allowed. Allowable uses shall be the following, except as prohibited above: General and medical offices, community facilities, and business and personal services, all as allowed, whether by right or by conditional use; in the C-1 through C-3 zoning districts as set forth in the Collier County Land Development Code, Ordinance No. 04-41, as amended, in effect as of the date of adoption of this Subdistrict (Ordinance No. 2005-25 adopted on June 7, 2005). The maximum floor area for any single commercial user shall be 20,000 square feet. *** *** *** *** *** text break *** *** *** *** *** 2. Density Bonuses [Revised text, page 481 Consistency with the following characteristics may add to the base density. Density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for each bonus provision and compatibility with surrounding properties, as well as the rezone criteria in the Land Development Code. *** *** *** *** *** text break *** *** *** *** *** c. Affordable-Workforce Housing Bonus; As used in this density bonus provision, the term "affordable" shall be as defined in Chapter 420.9071, F.S. To encourage the provision of affordable-workforce housing within certain Districts and Subdistricts in the Urban Designated Area, a maximum of up to 8 residential units per gross acre may be added to the base density if the project meets the requirements of the Affordable-workforce Housing Density Bonus Ordinance (Section 2.06.00 of the Land Development Code, Ordinance # No. 04-41, as amended, adopted June 22, 2004 and effective October 18 2004), and if the affordable- workforce housing units are targeted for families earning no greater than 150% of the median income for Collier County. In the Urban Coastal Fringe Subdistrict, projects utilizing the Affordable-workforce Housing Density Bonus must provide appropriate mitigation consistent with Objective 12.1 and subsequent policies, as applicable, of the Conservation and Coastal Management Element. Also, for those specific properties identified within the Urban Residential Fringe Subdistrict, this density bonus is allowed but only to a maximum of 6 residential units per gross acre. Additionally, the Affordable- workforce Housing Density Bonus may be utilized within the Agricultural/Rural designation, as provided for in the Rural Lands Stewardship Area Overlay, subject to the aforementioned Section 2.06.00 of the Land Development Code. �-. *** *** *** *** *** text break *** *** *** *** *** DRAFT Words underlined are added;words strusk-th{eagh are deleted. 10 • • • Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16114 • [Revised text, page 50 4. Density Conditions: [ p 9 50] The following density condition applies to all properties subject to the Density Rating System. a. Maximum Density The maximum allowed density shall not exceed 16 dwelling units per gross acre within the Urban designated area, except when utilizing the Transfer of Development Rights (TOR) provision contained in Section 2.03.07 of the Land Development Code adopted by Ordinance # No 04-41, as amended on June 22, 2004 and effective October 18, 2004. *** *** *** *** *** text break *** *** *** *** 1. Rural Commercial Subdistrict [Revised text, page 67] Within the Agricultural/Rural - Mixed Use District, commercial development.. up to a maximum of 200 acres, may be allowed providing the following standards for intensity of use are met: a. The project, or that portion of a larger project, that is devoted to commercial development, is 2.5 acres or less in size; b. The project, or that portion of a larger project which is devoted to commercial development, is no closer than 5 miles, measured by radial distance, from the nearest developed commercial area, zoned commercial area or designated Mixed Use Activity Center, except that the southwest quadrant at the intersection of US 41 and SR,. SR 29, is eligible for commercial zoning under this provision; ** *«* *** *** *** text break *** *** *** *** *** [Revised text, page 80] C) Sending Lands: Sending Lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. *** *** *** *** *** text break *** *** *** *** *** 9. Where residential density is transferred from Sending Lands, allowable uses shall be limited to the following: a) Agricultural uses consistent with Chapter 823.14(6) Florida Statutes (Florida Right to Farm Act), including water management facilities, to the extent and intensity that such operations exist at the date of any transfer of development rights. b) Cattle grazing on unimproved pasture where no clearing is required; c) Detached single-family dwelling units, including mobile homes where the Mobile Home Zoning Overlay exists, at a maximum density of one dwelling unit per 40 acres. In order to retain these development rights after any transfer, up to one dwelling must be retained (not transferred) per 40 acres. d) One detached dwelling unit, including mobile homes where the Mobile Home Zoning Overlay exists, per each preexisting lot or parcel of less than 40 acres. For the purpose of this provision, a preexisting lot or parcel is one that was in existence on or before June 22, 1999 and is: 1) a lot or parcel which is - * - -- -- - - part of a subdivision recorded in the public records of Collier County, Florida; or 2) a lot or parcel which has limited fixed boundaries, described by metes and bounds or other specific legal description, the description of which has been recorded in the public records of Collier County Florida on or before June 22, 1999; or 3) a lot or parcel which has limited fixed boundaries, for which an agreement for DRAFT Words underlined are added;words strtok-throgh are deleted. 1 1 Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 deed was executed prior to June 22, 1999. In order to retain these development rights after any transfer, up to one dwelling must be retained (not transferred) per each lot or parcel. *** *** *** text break *.* *** *** *** *** B. North Belle Meade Overlay [Revised text, page 93] *** *** *** *** *** text break *** *** *** *** *** 1. IN GENERAL text break Planning Considerations a. Wildlife Crossing and Wildlife Corridor "Y- The County should support construction of a wildlife crossing under 1-75 connecting the NBM and South Belle Meade (SBM), and the creation of a wildlife corridor connecting the NBM with the Florida Panther National Wildlife Refuge to the east. b. Transportation • An existing access road (presently providing access to County water wells) along the northern section lines of Sections 22, 23 and 24 of Range 27 East may be maintained and improved, and an extension of Wilson Boulevard should be provided through Section 33, Range 27 East comprising a collector or arterial road extending to the south to Interstate 75 via an interchange or service road for residential development should it commence in Sections 21, 28 and 27, or in the alternate a haul road along an extension of Wilson Boulevard to service earth mining activities with a connection through Sections 32 and 31 to Landfill Road. ▪ Lands required for the extension of Wilson Boulevard will be dedicated to Collier County at the time of rezoning. The right-of-way shall be a sufficient size to accommodate collector road requirements should there be a demonstrated need. t Within one year of June 19, 2002, the alternative alignments for east-west roadway, connecting County Road 951 to an extension of Wilson Boulevard, shall be evaluated and assessed for the Board's consideration. The roadway's alignment shall be determined with public input and taking into consideration the following, at a minimum: 1. Usefulness as a route for truck traffic generated from any earth mining operations in NBM; 2. Usefulness as a link in the County's major roadway network; 3. Avoidance of residential neighborhoods, to the extent feasible and prudent; 4. Avoidance of environmentally sensitive wildlife habitat, wildlife corridors, or greenways, to the extent feasible and prudent; 5. The costs of construction, including any related design, permitting, and mitigation costs; and 6. The costs of acquiring necessary right-of-way. Alignments considered for such east-west roadway shall include extension of the existing Landfill Road, extension of the existing Keane and Brantley Roads, extension of the existing Green Boulevard, and any other alignment deemed feasible and prudent. In consideration of the recommended alignment, the Board shall consider the level of public benefit as provided in subparagraph 2 above in determining the proportionate public/private funding in subparagraphs 5 and 6 above and the method and timing of any public resource allocation to the project. t The western 1/4 of Sections 22 and 27 will be buffered from the NBM NRPA to the east by a buffer preservation that includes all of the eastern 1/2 of the western 1/4 of Sections 22 and 27, DRAFT Words underlined are added;words struck through are deleted. 12 • Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 which would consist of lake excavation areas between the Wilson Boulevard extension road right-of-way and the NRPA. Other than the new and improved Wilson Boulevard extension and service haul road as described above, all new roads and improvements in the Sending Area shall be routed so as to avoid traversing publicly owned natural preserves, parks and recreation areas, areas identified as environmentally sensitive wildlife habitat, wildlife corridors, or greenways, unless there is no feasible and prudent alternative. Other than the referenced Wilson Boulevard extension and service haul road any new roads and improvements to existing roads within sending areas shall be designed with aquatic species crossings, small terrestrial animal crossings, and large terrestrial animal crossings pursuant to Florida Fish and Wildlife Conservation Commission criteria. The portion of Wilson Boulevard that traverses through the Sending Area shall be designed with aquatic species crossings and small terrestrial animal crossings. The implementing Land Development Regulations for the NBM Overlay shall address bike lanes and pedestrian pathways. c. Greenway ▪ A NBM Greenway shall be created within the NRPA or sending lands following natural flowways, as contemplated in the Community Character Plan prepared by Dover Kohl. d. Red Cockaded Woodpeckers (RCW) ▪ RCW nesting and foraging habitat has been mapped and used to delineate areas that are appropriately designated as Sending Lands. 2. Natural Resource Protection Area NRPA [Revised text, page 951 The NBM Natural Resource Protection Area (NRPA1 includes seven sections of lands and three partial sections or a total of t 6,075 acres and is located in the eastern portion of the NBM Overlay. This area comprises about thirty-nine percent of the NBM Overlay. The NBM NRPA area has concentrations of wetland land cover and listed species habitat, consistent with other Rural Fringe NRPA's. This consideration combined with the fragmented ownership pattern and the state's desire to purchase significant portions of this area warrants a different level of protection than in other NRPA areas. particularly for incentives for the consolidation of lots to assist in the future preservation of lands. Planning Considerations a. Consolidation The County should amend the Land Development Code to encourage further consolidation of small parcels. b. Public Acquisition ▪ The County and the property owners should support acquisition of privately owned land in the NBM NRPA area as a mechanism for protection. c. Sending Area ▪ The NBM NRPA shall be designated as Sending Lands for purposes of the Transfer of Development Rights (TDR) program. d. TDRs ▪ TDR Credits generated from the NBM NRPA may be transferred to Sections 21 and 28 and the west 114 of Sections 22 and 27, to other suitable locations within the Rural Fringe Mixed Use District, or to the Urban Area at a ratio of 1 unit per 5 acres from Sending Lands, or one unit per individual deeded parcel or lot that existed as of June 22, 1999, whichever is greater. text break .** ,# , DRAFT Words underlined are added;words . --e are deleted. 1 Staff Proposed GMP Amendments CCPC Transmittal Draft 4116/14 4. SENDING AREAS [Revised text, page 97] Within the NBM Overlay are ± 4,598 acres of land that are identified as Sending Areas for the transfer of development rights that are located in the western, eastern and southern portion of the study area. The Sending Areas consist of the NRPA lands and ±5 and %sections west of the NRPA. The sending areas are locations where residential development is discouraged. Endangered and threatened species are located within the Sending Areas, including colonies of Red Cockaded Woodpeckers. Therefore, the protection of endangered and threatened species including the protection of habitat are primary planning considerations in this area. Planning Considerations a. TDRs t Strongly encourage the transfer of development rights from the NBM Sending Areas to other locations within the Rural Fringe or NBM Overlay outside the boundary of the NRPA, or to the Urban Area. b. Habitat Protection The Goals, Objectives and Policies of the Conservation and Coastal Management Element for wildlife habitat protection shall apply to NBM Sending Lands. c. Public Acquisition The County should support the public acquisition of Sending Lands in the NBM Overlay, • particularly in locations where endangered or threatened species are located. *** *** *** *** *** text break *** *** *** *** *** D. Rural Lands Stewardship Area Overlay [Revised text, page 113] t" ■ *** *** *** *** *** text break *** *** *** *** *** Policy 1.2: The Overlay protects natural resources and retains viable agriculture by promoting compact rural mixed-use development as an alternative to low-density single use development, and provides a system of compensation to private property owners for the elimination of certain land uses in order to protect natural resources and viable agriculture in exchange for transferable credits that can be used to entitle such compact development. The strategies herein are based in part on the principles of Florida's Rural Lands Stewardship Act, Chapter 163.3177{11) F.S. Section 163.3248, Florida Statutes. The Overlay includes innovative and incentive based tools, techniques and strategies that are not dependent on a regulatory approach, but will complement existing local, regional, state and federal regulatory programs. *** ** *** *** *** text break *** *** *** *** *** Policy 4.2: [Revised text, page 122] All privately owned lands within the RLSA which meet the criteria set forth herein are eligible for designation as a SRA, except land delineated as a FSA, HSA, WRA or land that has been designated as a Stewardship Sending Area. Land proposed for SRA designation shall meet the suitability criteria and other standards described in Group 4 Policies. Due to the long-term vision of the RLSA Overlay, extending to a horizon year of 2025, and in accordance with the guidelines established in Chapter 163.3177(11) F.S. Section 163.3168(2), Florida Statutes, the specific location, size and composition of each SRA cannot and need not be predetermined in the GMP. In the RLSA Overlay, lands that are eligible to be designated as SRAs generally have similar physical attributes as they consist predominately of agriculture lands which have been cleared or otherwise altered for this purpose. Lands shown on the Overlay Map as eligible for SRA designation include approximately 74,500 acres DRAFT Words underlined are added;words stru-ok-thcough are deleted. 14 Staff Proposed GMP Amendmets CCPC Transmittal Draft 4/16114 outside of the ACSC and 18,300 acres within the ACSC. Approximately 2% of these lands achieve an Index score greater than 1.2. Because the Overlay requires SRAs to be compact, mixed-use and self sufficient in the provision of services, facilities and infrastructure, traditional locational standards normally applied to determine development suitability are not relevant or applicable to SRAs. Therefore the process for designating a SRA follows the principles of the Rural Lands Stewardship Act as further described herein. text break , , ** *** *** *** Policy 4.7: [Revised text, page 123] There are four specific forms of SRA permitted within the Overlay. These are Towns, Villages, Hamlets, and Compact Rural Development (CRD). The eCharacteristics of Towns, Villages, Hamlets, and CRD are set forth in Attachment C and are generally described in Policies 4.7.1, 4.7.2, 4.7.3 and 4.7.4. Collier County shall establish more specific regulations, guidelines and standards within the LDC Stewardship District to guide the design and development of SRAs to include innovative planning and development strategies as set forth in - - - = .- , . -*= • =`- ) Section 163.3168(2), Florida Statutes. The size and base density of each form shall be consistent with the standards set forth on Attachment C. The maximum base residential density as set forth in Attachment C may only be exceeded through the density blending process as set forth in density and intensity blending provision of the Immokalee Area Master Plan or through the affordable-workforce housing density bonus as referenced in the Density Rating System of the Future Land Use Element. The base residential density is calculated by dividing the total number of residential units in a SRA by the overall area therein. The base residential density does not restrict net residential density of parcels within a SRA. The location, size and density of each SRA will be determined on an individual basis during the SRA designation review and approval process. *** *** *** *** *** text break *** *** *** *** *** F. Bayshore/Gateway Triangle Redevelopment Overlay [Revised text, page 135] The Bayshore/Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map, is within the boundaries of the Bayshore/Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on June 13, 2000. The intent of the redevelopment program is to encourage the revitalization of the Bayshore/Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area.. This Overlay allows for additional neighborhood commercial uses and higher residential densities that will promote the assembly of property, or joint ventures between property owners, while providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. Two zoning overlays have been adopted into the Collier County Land Development Code to aid in the implementation of this Overlay. The following provisions and restrictions apply to this Overlay: *** *** *** *** *** text break *** *** *** *** *** 4. Properties with access to US 4-1- US 41 East and/or Bayshore Drive and/or Davis Boulevard (SR 84) and/or the west side of Airport-Pulling Road may be allowed a maximum density of 12 residential units per acre via use of the density bonus pool identified in paragraph 11, except that no project may utilize more than 97 units — 25% of the total density pool units available, The 97 unit cap will terminate when the BCC adopts, by LDC amendment, limitations and a cap on the use of the 388 density pool units for any one project. in order to be eligible for this higher density, the project must be integrated into a mixed-use development with access to existing neighborhoods and adjoining commercial properties and comply with the standards identified in Paragraph #8, below, except for mixed use projects developed within the "mini DRAFT Words underlined are added;words stwolc-thfelygll are deleted. 15 Staff Proposed GMP Amendments CCPC Transmittal Draft 4116/14 triangle" catalyst project site as identified on the BayshoreiGateway Triangle Redevelopment Overlay Map. The "mini triangle" catalyst project site is eligible for the maximum density of 12 units per acre, with development standards as contained in the Gateway Triangle Mixed Use District zoning overlay, adopted February 28, 2006 (Ordinance No 06-08), and amended December 14, 2006 (Ordinance No 06-63). For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. *** *** *** *** *** text break *** *** *** *** *** FUTURE LAND USE MAP SERIES [Revised text, final page of FLUE text] Future Land use Map [Added new Future Land Use Map Series map] Activity Center Index Map *** *** *** *** *** text break *** *** *** *** *** Collier Boulevard Community Facility Subdistrict Map Coastal High Hazard Area Map Coastal High Hazard Area Comparison Map Gordon River Greenwav Conservation Area Designation Map *** *** *** *** *** text break *** *** *** *** *** Future Land Use Map and Map Series [New map, following FLUE text] a. Create new Gordon River Greenway Conservation Area Designation Map. [The above revision also affects the text entries in the Future Land Use Map Series listing appearing on the Future Land Use Element Table of Contents pages.] *** *** *** *** *** text break *** *** *** *** *** [Include the actual Gordon River Greenway Conservation Area Future Land Use Map labeled as, and included in, this Exhibit "A".1 DRAFT Words underlined are added;words,stt#reagh are deleted. 16 ,.. • • • EXHIBIT A PETITION PL-20-13-00011091CPSP-2013-6 GORDON RIVER GREENWAY CONSERVATION AREA DESIGNATION 114,--17>tt*1 COLLIER COUNTY, FLORIDA 1 . k ivm.tl \---A' ', g g- f 1 , 4 :;--.• i 1 1 I i 1 I:1.1111E1i ig.ini k 1 I 1 . . 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Staff Proposed GMP Amendments CCPC Transmittal Draft 4116/14 RECREATION AND OPEN SPACE ELEMENT (ROSE) I. INTRODUCTION [Revised text, page 1] *** *** *** *** *** text break *** *** *** *** *** II. GOALS, OBJECTIVES AND POLICIES [Revised text, page 2] RE- • : * • • - *** *** *** ." text break .** *** *** *** *** Policy 1.1.1: [Revised text, page 2] The standards for levels of service (LOS) of County parks and recreation facilities appear in Policy 1.5; subsection “G" 1.5.G in the Capital Improvement Element and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development, *** *** *** *** *** text break *** *** *** A $270.00 .-e t see- e . ' -e•. .. .e• •e- ••-• t- • t year of the County's fiscal year budget. 1. Value will be arrived at using the per unit values for qach facif e- .. .e - , - et• • •- * ••-. - • -• "-et• •- ••••e- • ..se'•,* V. - by-the Gounty-population. 2. Where peer- 'e• - e e e ernmental--bodies-or the private-sector-are available- - *-t* - . " *- -e-^ = •-• blio-on-a-oent-basis-,4hey *** *** *** *** *** text break *** *** *** *** *** [Revised text, page 5] GOAL 2: T- - • - - PROMOTE A PARK SYSYTEM THAT INCLUDES REGIONAL, COMMUNITY AND NEIGHBORHOOD PARKS WITH PEDESTRIAN PATHWAYS AND BIKE LANES TO PROVIDE USEABLE OPEN SPACE TO MEET THE RECREATIONAL NEEDS OF RESIDENTS WITHIN THE COMMUNITY. REGIONAL AND COMMUNITY PARK DEVELOPMENT WILL BE BASED ON THE LEVEL OF SERVICE STANDARD(LOSS)CONTAINED IN THE CIE. DRAFT Words underlined are added;words - • are deleted. 16 Staff Proposed GMP Amendments CCPC Transmittal Draft 4116/14 PUBLIC FACILITIES ELEMENT Stormwater Management Sub-Element (SM) *** *** *** *** *** text break *** *** **# *** *** I. INTRODUCTION [Revised text, page 1] This portion of the Collier County Growth Management Plan inventories both the natural conditions and stormwater management activities within unincorporated Collier County. In Collier County, there are two (2) primary service providers with regard to the provision of stormwater management services. The County's Transportation Services Division maintains drainage systems associated with County and State Roadways as well as the Secondary Drainage System. The Big Cypress Basin Board, an arm of the South Florida Water Management District (SFWMD), maintains the larger, regional surface water management systems within Collier County. The regional drainage system is also referred to as the Primary Drainage System. However, management of stormwater is concerned not only with flood prevention (a quantity issue), but also with the removal of various pollutants picked up by the stormwater as it flows across the County's developed land areas (a quality issue). Such pollutants can include oils, greases, heavy metals, pesticides, fertilizers and other substances, which can have a deleterious impact on the County's natural systems and, above all, its groundwater quality. Note that, in this respect, there is overlap in the intended purpose between the Drainage Stormwater Management and Natural Groundwater Aquifer Recharge Sub-elements Sub-Elements: both seek to protect aquifer recharge areas. However, the emphasis of the Drainage Sub element Stormwater Management Sub-Element is on surface water protection, whereas the emphasis of the Natural Groundwater Aquifer Recharge Sub element Sub-Element is on groundwater protection. *** *#* *** *** *** **# *** *** *** *** text break One of the key principles of current stormwater management techniques is recognition of the need for basin-wide (or watershed basin) planning. The stormwater management system has to be designed so as to ensure that the final outlet point has adequate capacity to handle all discharges from the upstream portion of the watershed under conditions present at the time of design. Subsequent development upstream must then utilize stormwater management techniques and systems, which will maintain predeveloprnent run-off conditions so that the capacity of the downstream portion of the watershed is not exceeded. In this respect, there is an overlap between the intended purpose of the - - --•--• Stormwater Management Sub-Element and Goal 2 of the Conservation and Coastal Management Element, including the Watershed Management Plans discussed under Objective 2.1 of the CCME. *** *** *** *** *** *** *** *** *** *** text break II. GOALS, OBJECTIVES AND POLICIES [Revised text, page 21 *** *** *** *** *** **# *-- *** *** text break *** Policy 2.1: [Revised text, page 5] The levels of service standards (LOSS) for drainage facilities and stormwater management systems appear in Policy .-; - - - -" 1.5.0 in the Capital Improvement Element. **# *#* *** *** *** *** *** **# *** text break *** DRAFT Words underlined are added;words strue,1 through are deleted. 19 Staff Proposed GMP Amendments CPC Transmittal Draft 4/16114 Policy 6.2: [Revised text, page 5] Collier County's retention and detention criteria shall be one hundred and fifty percent (150%) of the water quality volumetric requirements provided in the = = - = - - -- •-• • -• - .2. - 2 , State of Florida's Environmental Resource Permit Applicant's Handbook Volume I (2013), or its successor, as it existed at the time of project approval. Policy 6.3: [Revised text, page 5) Allowable off-site discharge rates shall be computed using a storm event of 3 day duration and 25 year return frequency. The allowable off-site discharge rates are as follows: a. 951 Canal North Basin 0.11 cfs/acre a, Airport Road North Canal 0.04 cfs/acre b. Sub-basin (North of Vanderbilt Beach Road) 19, Airport Road South Canal 0.06 cfs/acre c. Sub-basin (South of Vanderbilt Beach Road) d, C-4 Basin 0.11 cfslacre Cocohatchee River Canal Basin 0.04 cfs/acre e. f. Corkscrew Canal Basin 0.04 cfs/acre g, Cypress Canal Basin 0.06 cfs/acre Faka Union Canal Basin 0,09 cfs/acre (North of 1-75) Gordon River Extension Basin 0.09 cfs/acre j„ Harvey Canal Basin 0.011 cfs/acre k. Henderson Creek Basin 0.08 cfs/acre I. 1-75 Canal Basin 0.06 cfslacre in. Imperial Drainage Outlet Basin 0.12 cfs/acre e, Island Walk Basin 0.055 cfs/acre n. (aka Harvey Basini d7 Lely Canal Basin 0.06 cfs/acre 0. • • Lely Manor Canal Basin 0.06 cfs/acre g Main Golden Gate Canal Basin 0.04 cfs/acre r. Palm River Canal Basin 0.13 cfs/acre S. Pine Ridge Canal Basin 0.13 cfslacre Wtggins-Rass-BaSif4 043-Gfroi3ryre g, All other areas 0.15 cfs/acre t. The County may exempt projects from these allowable off-site discharge rates if any of the following applies: text break *** 2. It can be documented that the project currently discharges off-site at a rate higher than those listed above. The documentation required for this purpose shall be prepared by a registered professional engineer, and will consist of an engineering study which utilizes the applicable criteria in the ** " -- **- .=• State• of Florida's Environmental Resource Permit Applicant's Handbook Volume I (2013), or its DRAFT Words underlined are added;words struck through are deleted. 20 Staff Proposed GMP Amendments CCPC Transmittal Draft 4116114 successor. The study shall be subject to review and approval by the County and SFWMD staff. The study shall include the following site-specific information: TRANSPORTATION ELEMENT (TE) *** text break *** *** *** *** A. FUTURE SYSTEM NEEDS [Revised text, page 1] *** *** *** *** *** text break *** *** *** *** *** 2. Traffic Circulation Constraints In many parts of the Naples Urban Area traffic circulation movements are constrained by the natural features of the landscape such as the Gordon River. Still other parts offer constraints of the man-made variety, such as golf courses and the Naples Airport. In many instances approved developments (some existing, others not yet built) block the way of logical extensions of urban collector and arterial roads. The single most noticeable constraint is the Gordon River as it extends from the Naples Bay northward under the East Tamiami Trail (US 41)to its connection with the Golden Gate canal system. *** *** *** *** *** text break *** *** *** *** *** The characteristics of the highway network at this location resembles an "hour-glass". On the western extreme, US 41 and Goodlette Road converge on the narrow "straits" of the Gordon River bridge; while to the east, US 41 and Davis Boulevard do likewise. The result is the typical "bottleneck" effect when too much traffic volume is forced through a constricted area. *** *** *** *** *** text break *** *** *** *** *** Policy 1.3: [Revised text, page 12] The standards for levels of service (LOS) of County arterial and collector roads appear in Policy 1.5; cubsoction A 1.5.A in the Capital Improvement Element and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development. Policy 1.4: The standards for levels of service (LOS) of state and federal roads in the County appear in Policy 1.5; subsection "B" 1.5.13 in the Capital Improvement Element and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development. *** *** *** *** *** text break *** *** *** *** *** Policy 5.4: [Revised text, page 16] Pursuant to Section 163.3180, Florida Statutes and the Urban Infill and Urban Redevelopment Strategy contained in the Future Land Use Element of this Plan, the South tk-S,. US 41 Transportation Concurrency Exception Area (TCEA) is hereby designated. Development located within the South UrST. US 41 TCEA (MapTR-4) may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures established in Policies 5,5 and 5.6 below, and in consideration of the following: DRAFT Words underlined are added;words struGli-through are deleted. 21 Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 *** *** *** *** *** text break *** *** *** *** *** Policy 5.5: [Revised text, page 18] Commercial developments within the South U-4,- US 41 TCEA that choose to obtain an exception from concurrency requirements for transportation will provide certification to the Transportation Planning Department that at least four of the following Transportation Demand Management (TDM) strategies will be utilized: *** *** *** *** *** text break *** *** *** *** *** Residential developments within the South 1:44, US 41 TCEA that choose to obtain an exception from concurrency requirements for transportation shall provide documentation to the Transportation Planning Department that at least three of the following Transportation Demand Management (TDM) strategies will be utilized: *** *** *** *** *** text break *** *** *** *** *** Monitoring of the use and effectiveness of the TDM strategies selected shall be included in the required annual monitoring report. Developments not required to submit an annual monitoring report shall, for three (31 years following completion of the development, provide an assessment as to the use and effectiveness of the selected strategies in a form provided by the County. Modifications to the applied TDM strategies may be made within the first three 12), years of development if they are deemed ineffective. Modifications to the new TDM strategies may be made within this second three year period and subsequent three year periods if the TDM strategies are deemed ineffective. Another assessment shall be completed within three (3) years and in three year increments until the TDM strategies are deemed effective. Developments within the South LiTS, US 41 TCEA that do not obtain certification shall meet all concurrency requirements. Whether or not a concurrency exception is requested, developments will be subject to a concurrency review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate counts of the remaining capacity on the roadway network. text break *** *** *** *** *** Policy 5.6: [Revised text, page 18] The County shall designate Transportation Concurrency Management Areas (TCMAs) to encourage compact urban development where an integrated and connected network of roads is in place that provide multiple, viable alternative travel paths or modes for common trips. Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in this Transportation Element, Policies 1.3 and 1.4 of this Element. The following Transportation Concurrency Management Areas are designated: *** *** *** *** text break *** *** *** *** *** In order to be exempt from link-specific concurrency, developments within the TCMA must provide documentation to the Transportation Planning Department Section that at least two 21 Transportation Demand Management (TDM) strategies utilized meet the criteria of the LDC. Monitoring of the use and effectiveness of the TDM strategies selected shall be included in the required annual monitoring report. Developments not required to submit an annual monitoring report shall, for three j years following completion of the development, provide an assessment as to the use and effectiveness of the selected strategies in a form provided by the County. Modifications to the applied TDM strategies DRAFT Words underlined are added;words staialc4tIcaugt are deleted. Staff Proposed GMP Amendments CCPC Transmittal Draft 4/16/14 may be made within the first three al years of development if they are deemed ineffective. Modifications to the new TDM strategies may be made within this second three year period and subsequent three year periods if the TDM strategies are deemed ineffective. Another assessment shall be completed within three al years and in three year increments until the TDM strategies are deemed effective. .*. text break Policy 6.5: [Revised text, page 20] The Collier County MPO's adopted Long Range Plan has identified a number of potential, critical need intersections, including an interchange in the vicinity of 1-75/Everglades Boulevard; a 1 US 41/SR-CR 951 grade separated overpass; and a Randall Boulevard/Immokalee Road grade separated overpass. The County shall pursue such projects in a manner consistent with the findings of the AUIR and through the development of the FDOT 5-year Work Program, as appropriate. G%CDES Planning SeivaeslComprehensivelCOMP PLANNING GMP€DATA1Comp Plan Amendments 12013 GMPAs Outside of Cycie113-6 Singh GMPA Exhbf A_4-15 final.docx DRAFT Words underlined are added;wards struslr-#leg#are deleted. 23 NOTICE OF MEETING NOTICE OF INTENT TO CONSIDER RESOLUTION NOtite is hereby given that the Collier County Planning Commission will hOld a public:meeting on Thursday, May 15, 2014 at 9 00 A.M. in the Board of County. ConwnisSioners meeting room, Third Floor, County Government Center, 3299 East Tarniarnii Trail, Naples. The purpose of the hearing is to consider recommendation,to the Board of County. ComMissioners: to transmit to the Florida Department of Economic Opportunity (DEC) the Transmittal amendments to the Capital Improvement Element; Conservation & Coastal Management Element; Future Land Use Element and Future. Land Use Map and Map series- Recreation and Open Space Element; Stonriwater (drainage) Sub-element of the Public Facilities Element; and Transportation Element; of the Growth Management Plan. The kESOLU11QN title is as follows: RESOLUTION NO. 14- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING 2011 EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, TO. FIX GLITCHES RELATED TO CHANGES IN THE 2011 EAR-BASED AMENDMENTS AND TO REVISE FORMAI, iRUcTURE AND LANGUAGE FOR INTERNAL CONSISTENCY SPECIFICALLY AMENDING THE CAPITAL IMPROVEMENT ELEMENT; TRANSPORTATION ELEMENT; CONSERVATION AND. COASTAL MANAGEMENT ELEMENT; RECREATION AND OPEN SPACE ELEMENT; TI-IE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES; THE STORMWATER MANAGEMENT (DRAINAGE) SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. IP1201300011091CPSP-2013-61 AU interey,ted parties are invited to appear and be heard. Copirn of the proposed Growth Management Plan Amendment will be Made available for inspection at the Planning & Zoning Department, Comprehensive Planning Section, 2800 N. Horseshoe Dr.. NapleS, between the hours of 8:00 A.M. and'5:00 P.M., Monday through Friday. Furthermore the materials will be made available for Inspection at the Collier County Clerk's Office; fourth floor. Collier County. Government Center, 3299 East Tarniami Trail, suite 431 Neplos, one week'prior to the scheduled hearing: Any questions pertaining to the documents should, be directed to the Comprehensive Planning Section of the Planning & Zoning Department Written comments filed with the Clerk to the Board's Office prior to Thursday. May 15, 2014, will be read and considered at the public hearing. If a person decides to..appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing,, will need a record of that proceeding, and for such purpose he 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, If you are a person with a disability Who need S any accommodation in order to participate in this proceeding, you are entitled, at no covt to you, to the provision if certain asSistance. Please contact the Collier County Facilities Management Department, located at 3335 Tarniarni Trail East. Suite #101. Naples, rk. 34112-5356, - (23W 252-8380, at least two days prior to the meeting. Assisted listening devkis. for the hearing impaired are available in the Board of County Commissioners Office. Mark P. Strain, Chairman Collier County Planning Commission April 25,2014 No. 2023761 Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News + BCC/COMPREHENSIVE PLANNING DEV FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 NAPLES FL 34112 NOTICE OF MEETING NOTICE OF MEETING . NOTICE OF MEETING , NOTICE OF INTENT TO CONSIDER RESOLUTION REFERENCE : 068778 4 5 0 014 6 4 2 9 Notice is hereby given that the Collier County Planning Commission will hold a public meeting on Thursday, May 15, 2014 atu 9:00 A.M. in the Board of County 59745891 NOTICE OF MEETING] Commissioners meeting room, Third Floor, County Government Center, 3299 East Tamiami Trail,Naples. The purpose of the hearing is to consider recommendation to the Board of County State of Florida Commissioners to transmit to the Florida Department of Economic Opportunity (DEO) the Transmittal amendments to the Capital Improvement Element; County of Collier Conservation &Coastal Management Element;Future Land Use Element and Future Land Use Map and Map series; Recreation and Open Space Element; Stormwater Before the undersigned authority, per: (drainage) Sub-element of the Public Facilities Element; and Transportation Element;of the Growth Management Plan.The RESOLUTION title is as follows: appeared Robin Calabrese, who on oath sc RESOLUTION NO. she serves as the Advertising Director C A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING 2011 Naples Daily News, a daily newspaper pul EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS Naples, in Collier County, Florida thE AA MENDED, TO FIX GLITCHES RELATED TO CHANGES IN THE 2011 EAR-BASED IN�NDMENTS AND TO REVISE FORMAT, STRUCTURE. AND LANGUAGE FOR attached copy of advertising was publisl INTERNAL CONSISTENCY SPECIFICALLY AMENDING THE CAPITAL IMPROVEMENT ELEMENT; TRANSPORTATION ELEMENT; CONSERVATION AND COASTAL newspaper on dates listed. MANAGEMENT ELEM NT;RECREATIONANDOPENSPACEELEMENT;THEFUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES; THE Affiant further says that the said Na: STORM ELEMENT;AEI(DRAINAGE) F--THEB ES ND FURTHERMORE )ECOMME DING TRANSMITTAL TTALOF News is a newspaper published at Naples THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF-ECONOMIC P P OPPORTUNITY.[PL20130001109/(PSP-2013-6] Collier County, Florida, and that the s. II interested parties are invited to appear and be heard. Copies of the proposed newspaper has heretofore been continuou rowth Management Plan Amendment will be made available for inspection at the Planning & Zoning Department, Comprehensive Planning Section, 2800 N. Ppublished in said Collier County, Florii Horseshoe Dr., Naples, between the hours of 8:00 A.M. and 5:00 P.M. , Monday. y r through Friday. Furthermore the materials will be made available for inspection at da and has been entered as second clas, the Collier County Clerks Office, fourth floor, Collier County Government Center, y 3299 East Tamiami Trail,suite 401 Naples,one week prior,to the scheduled hearing. matter at the post office in Naples, in Any questions pertaining to the documents should be directed to the P P r Comprehensive Planning Section of the Planning & Zoning Department. Written comments filed with the Clerk to the Board's Office prior to Thursday, May 15, Collier County, Florida, for a period 0 2014,will be read and considered at the public hearing. next preceding the first publication of If a person decides to appeal any decision made by the Collier County Planning Commission with respect.to any matter considered at such meeting or hearing, he attached copy of advertisement; and aff will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the further says that he has neither paid ni testimony and evidence upon which the appeal is to be based. promised any person, firm or corporati0: If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision discount, rebate, commission or refund of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East,Suite#101, Naples, FL 34112-5356, purpose of securing this advertisement (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners publication in the said newspaper. office. Mark P.Strain,Chairman Collier County Planning Commission PUBLISHED ON: 04/25 Aoril 25 2014 No 2023761 AD SPACE: 122 LINE FILED ON: 04/25/14 , %�� + Signature of Affiant ]Cf' 1.- 41--- AI .. Sworn to and Subscribed ore m . i ld day of , ..4 . 20�� , wise Personally known by me ((ice _ CAROL P01 IDORA ;: cwt •;* MY COMMISSION#EE 851758 °.. EXPIRES:November 28,2014 .lL•.0''1V Bonded Thu Plchard Insurance Agency