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CCPC Agenda 06/05/2014 R COLLIER COUNTY PLANNING COMMISSIONMEETING AGENDA JUNE 5, 2014 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, JUNE 5, 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 29,2014(Special GMPA meeting),May 1,2014 6. BCC REPORT-RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. 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] Page 1 of 3 9. ADVERTISED PUBLIC HEARINGS Note: This item has been continued from the April 17,2014 CCPC meeting,then continued from the May 15,2014 meeting time certain for 9:00 am: A. 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,then continued from the May 15,2014 meeting time certain for 9:00 am: B. 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 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 April 17,2014 CCPC meeting,then continued from the May 15,2014 meeting time certain for 9:00 am: C. 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] D. Note: This item has been continued from the May 15,2014 CCPC meeting: 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] E. PUDZ-PL20120001981: 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 Page 2 of 3 the herein described real property from a Rural Agricultural District(A) and Rural Agricultural District within a Special Treatment Overlay(A-ST)to a Mixed Use Planned Unit Development(MPUD)zoning district for the project known as RMC-Enclave MPUD to allow construction of a maximum of 114 single family or multi-family dwelling units or up to 350 group housing units for seniors on property located in Section 13, Township 48 South,Range 25 East, Collier County, Florida, consisting of 28.38± acres;and by providing an effective date. [Coordinator: Kay Deselem,Principal Planner] 10. OLD BUSINESS 11. NEW BUSINESS 12. ADJOURN CCPC Agenda/Ray Bellows/jmp Page 3 of 3 AGENDA ITEM 8-A co per Col .->.ty Growth Management Division Planning &Zoning Department MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING&ZONING DEPARTMENT HEARING DATE: JUNE 5, 2014 SUBJECT: CU-PL20130001768, MARCO 41 PARK (Consent Agenda) The Collier County Planning Commission (CCPC) heard CU-PL20130001768, Marco 41 Park land use petition at its May 15, 2014 hearing. The CCPC approved the petition 6-0 subject to the following stipulations (staff comment is in italics): 1. This Conditional Use approval does not constitute approval of a subdivision. The buildings may be placed on one 5.97 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. All buildings subject to this conditional use which exceed the otherwise applicable 5,000 — 6,000 square foot limit shall be limited to 2-stories and have a maximum zoned height of 35 feet and an actual height of 45 feet. 4. No adult oriented sales are permitted in this project. 5. Dumpsters and dumpster enclosures shall not be placed within 100 feet of the Falling Waters Beach Resort property line. 6. The trip generation cap is 435 unadjusted,two-way, p.m. peak hour trips. 7. The required wall within the Type B Landscape Buffer adjacent to Falling Waters Beach Resort property line, as depicted on Exhibit B, shall be completed prior to the issuance of the first building permit approval. 8. Amplified sound for approved land uses are limited to areas fronting Tamiami Trail East(US 41) between the hours of 8 a.m. to 10 p.m.Amplified sound shall not be permitted in Planning&Zoning Department •2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net structure side plane areas or break past the side plane of the building, except for speaker(s) associated with limited drive-through uses. 9. No more than one (1) approved Fast Food drive-through establishment shall be allowed. The ordering window shall not be located within 100 feet of the Falling Waters Beach Resort property line. 10. Delivery hours shall be limited to the hours between 8 a.m. and 6 p.m. 11.All pole lighting will be flat panel fixtures. 12. Lighting fixtures within 30 feet of the perimeter boundary of the project will utilize full cut off shields. 13. Any lighting fixture within 50 feet of a residential property line will be limited to 15 feet in height. 14. The following uses have been prohibited per this conditional use request: • Convenience Stores with Gas Pumps only(SIC Group 5411) • Gasoline Service Stations(SIC Group 5541) • Homeless Shelters • Hospitals(SIC Groups 8062-8069) • Marinas(SIC Group 4493) • Residential dwelling units • Soup Kitchens In addition,the CCPC also requested that the second page of Exhibit B,Master Plan be removed. Staff Comments: Please see Attachments: A. Zoning Conditions Summary from Davidson Engineering (strike-thru and underline) B. Zoning Conditions Summary from Davidson Engineering(clean version) C. Revised Marco 41 Park Resolution (page 2 of Exhibit has been removed) END OF MEMO DC DAVI DSON ZONING CONDITIONS SUMMARY Pending the approval of this Conditional Use application, 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 deviate from Site Plan provided that agreed upon conditions are otherwise met. The purpose of the subject Conditional Use is to allow certain land uses to have increased square footages for buildings, which are larger than the 5,000 square foot limitation in the C-3 zoning district for food stores, video rental, or retail uses;and 6,000 square feet permitted for food services. The Site Development Plan (SDP) as it relates to this Conditional use submitted shall meet the following Conditions of Approval: I. This Conditional Use approval does not constitute approval of a subdivision. The buildings may be placed on one 5.97 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. 23.AIl buildings subject to this conditional use which exceed the otherwise applicable 5,000 - 6,000 square foot limit shall be limited to 2-stories and have a maximum zoned height of 35 feet and an actual height of 45 feet. 4. No adult oriented sales are permitted in this project. 5. Dumpsters and dumpster enclosures shall not be placed within 100 feet of the Falling Waters Beach Resort property line. 6. The trip generation cap is 435 unadjusted, two-wav,p.m. peak hour trips 3:7.The required wall within the Type B Landscape Buffer withadjacent to Falling Waters Beach Resort property line, as depicted on Exhibit B, shall be completed prior to the issuance of the first building permit approval €-any uses. 8_! . .. . • • . _ . - - - . _ - :, . • • - - - . -• - . .Amplified sound for approved land uses are limited to areas fronting Tamiami Trail East (US 41) between the hours of 8 a.m. to 10 p.m. Amplified sound shall not be permitted in structure side plane areas or break past the side plane of the building, except for speaker(s) associated with limited drive-through uses. 9. No more than one (1) approved Fast Food d3rive-through establishments shall be allowed. The leeatiea-e theordering window shall be Marco 41 Park CU:Zoning Conditions Summary 1 Revised May 4A3211,2014 www.davidsonengineering.com Attachment A DC not be located within 100 feet of the Falling Waters Beach Resort property line. b X10. Delivery hours shall be limited to the hours between 8 a.m. and 6 p.m. II. All pole lighting will be flat panel fixtures. 12. Lighting fixtures within 30 feet of the perimeter boundary of the project will utilize full cut off shields. 13. Any lighting fixture/streture within 50 feet of a residential property line will be limited to 15 feet in height. 14.The following uses have been prohibited per this conditional use request: • Convenience Stores with Gas Pumps only(SIC Group 5411) • Gasoline Service Stations(SIC Group 5541) • Homeless Shelters • Hospitals(SIC Groups 8062-8069) • Marinas(SIC Group 4493). • Residential dwelling units • Soup Kitchens Marco 41 Park CU:Zoning Conditions Summary 2 Revised May X320,2014 www.davidsoncngineering.com DE PAYRRN ZONING CONDITIONS SUMMARY Pending the approval of this Conditional Use application, 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 deviate from Site Plan provided that agreed upon conditions are otherwise met. The purpose of the subject Conditional Use is to allow certain land uses to have increased square footages for buildings, which are larger than the 5,000 square foot limitation in the C-3 zoning district for food stores, video rental, or retail uses; and 6,000 square feet permitted for food services. The Site Development Plan (SDP) as it relates to this Conditional use submitted shall meet the following Conditions of Approval: 1. This Conditional Use approval does not constitute approval of a subdivision. The buildings may be placed on one 5.97 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. All buildings subject to this conditional use which exceed the otherwise applicable 5,000 — 6,000 square foot limit shall be limited to 2-stories and have a maximum zoned height of 35 feet and an actual height of 45 feet. 4. No adult oriented sales are permitted in this project. 5. Dumpsters and dumpster enclosures shall not be placed within 100 feet of the Falling Waters Beach Resort property line. 6. The trip generation cap is 435 unadjusted,two-way,p.m.peak hour trips. 7. The required wall within the Type B Landscape Buffer adjacent to Falling Waters Beach Resort property line, as depicted on Exhibit B, shall be completed prior to the issuance of the first building permit approval. 8. Amplified sound for approved land uses are limited to areas fronting Tamiami Trail East (US 41) between the hours of 8 a.m. to 10 p.m. Amplified sound shall not be permitted in structure side plane areas or break past the side plane of the building, except for speaker(s) associated with limited drive-through uses. 9. No more than one (1) approved Fast Food drive-through establishment shall be allowed. The ordering window shall not be located within 100 feet of the Falling Waters Beach Resort property line. 10. Delivery hours shall be limited to the hours between 8 a.m. and 6 p.m. Marco 41 Park CU:Zoning Conditions Summary 1 Revised May 20,2014 www.davidsonengineering.com Attachment B DE 11. All pole lighting will be flat panel fixtures. 12. Lighting fixtures within 30 feet of the perimeter boundary of the project will utilize full cut off shields. 13. Any lighting fixture within 50 feet of a residential property line will be limited to 15 feet in height. 14. The following uses have been prohibited per this conditional use request: • Convenience Stores with Gas Pumps only(SIC Group 5411) • Gasoline Service Stations(SIC Group 5541) • Homeless Shelters • Hospitals (SIC Groups 8062-8069) • Marinas (SIC Group 4493) • Residential dwelling units • Soup Kitchens Marco 41 Park CU:Zoning Conditions Summary 2 Revised May 20,2014 www.davidsonengineering.com RESOLUTION NO. 2014- 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.I.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=PL20130001768] 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 and 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 (Ordinance 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 WHEREAS, 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 (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 Marco Park 41\CU-PL20130001.765 I of 3 Rev_5(21114 Attachment C District pursuant to Subsection 103.03.C.1.e of the Collier. County Land Development Code on the property hereinafter described, and the Collier County Planning 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 WHEREAS, 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 BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,.FLORIDA that: Petition Number CU-.PL20130001768 filed by CSC Properties, LLC 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 Boss 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 FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. 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 ICJ-P.L20130001768 2'of 3 Rev.512.1.!14 Approved as to form,and legality: Scott A. Stone Assistant County Attorney Attachments: Exhibit A-Legal Description Exhibit B - Conceptual Site Plan Exhibit C—Conditions of Approval CP113-C.PS-01274/62 Marco Park 41\CU-PL20130001768 3 of 3 Rev.5(21/14 DE DAVIDSON 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 3",A DISTANCE OF 400.00 FEET TO THE SOUTHEASTERLY MOST CORNER OF SAID "PARCEL3"; 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 PUBUC RECORDS; THENCE NORTH 35°35'42" EAST, ALONG THE.SOUTHEASTERLY BOUNDARY OF SAID "PARCEL 118FEE" A DISTANCE OF 10.00 FEET TO THE MOST 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 CU:Attachment B— 1 z al I)e cription ti=wi*.c{avidsonengineering.com -_-'_- | Exhibit I �~~~~�~~".~~�_=~�~�_�.~~',~°^.~~~_��,��.~^.- • ' LANDSCAPE I 1 . - ji .1. | ' . • ' � • | @i • / ` \ | l *| '|{ | ^ [ t rn 1 �: .::''...',:: ,il• . : ., ertr••• I \ *••4 4••• I ' 'i ) n ''.' '.'. N | [ . .'-^ ^^`. -0 ZO 4 , • . ~ - -` `^ ' ' • 0 � ! ! / ',�. .^.^ 0 , . , , , - - ' � ^`',-`^. @ � ' UU • ~ IE. \ | , .'.'` . N / m- . ~ ' • • - || '^,^.^,'.` 0 � ~ |' ~^^,`''-° 0 II | � ,�' � ' ` ` ^ N �' m , .� , ^ | � ` ` ^ A. � -w� r ~ ^ , . .- . p~ A. .^~^, ^ _ | � . . !} ^ , , N i s=" , ^ ^^ • N b�m ^ , , , ..'.'.'4'.``,'.",' N| �� k '�� - // I-41 ' | •' '' ` . ' ^ • " ^ ' ^ ^ • ^ , N fi , . ^ ^ , - • • • N ( ' ' ^ ' 1 a ,. , • • ` _•j ~ ^ ' ` ^ 0 I i'4•5• M \ i Z p g \ 1 ' ^ ' ` ` N = \ ' | � � ' `^^ � | 0 n ~ ^ | 19 g 74 -L_-- --- ' •� | �� °� m��. .� .�� ,� | \ ^ 6 • ] . �n�� -�� e / / | k �M�� • / i | 1 | •� �� m �� !|\ • . -1 . • ] I | m I 1 ` . � , | | � in m � I. r � 1 z ( / a, c ' 1 � � | / ' . �� . �* | / �� ■ ��' �� | ` ] •�� ) | EU �~� . � / w&^ | U6' • ~ -__ . ----�14014K741:14014K741: Calf ./ ` >i "•' =~� _ � � � � � � w � • | ��^ m=,w — �| '�:� � A � -)�` .4,44-- ____ - ' | • EXHIBIT"C" Conditions of,Approval 1.. This Conditional Use approval does not constitute approval of a subdivision. The buildings may be placed on one 5.97 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, All buildings.subject to this conditional use which exceed the otherwise applicable 5,000 — 6,000 square foot limit shall be limited to 2-stories and have a maximum zoned height of 35 feet and an actual height of 45 feet. 4, No adult oriented sales are permitted in this project. 5. Dumpsters and dumpster enclosures shall not be placed.within 100 feet of the perimeter boundary with Falling Waters Beach Resort property line. 6. The trip generation cap is 435 unadjusted,two-way,p.m. peak hour trips. 7. The required wall Within the Type B Landscape Buffer adjacent to Falling Waters Beach Resort property line, as depicted on Exhibit B, shall be completed prior to the issuance of the first building permit approval of any uses. 8. Amplified sound for.approved land uses are limited to areas fronting Tamiami Trail East (US 41) between the hours of 8 a.m:to 10 p.m. Amplified sound shall.not:be permitted in structure side plane areas or break past the side plane of the building, except for speaker(s)associated with limited drive-through uses. 9. No.more than one (1) approved Fast Food drive-through establishment shall be allowed. The ordering window shall not be located.within 100 feet of the Falling Waters Beach Resort property line, 10. Delivery hours shall-be limited to the hours between 8 a.m. and 6 p.m. 11.All pole lighting will be flat panel fixtures. 12. Lighting fixtures.within 30 feet of the perimeter boundary of the project will:utilize full cut off shields. 13. Any lighting.fixture/structure within 50 feet of a.residential property line will be limited to 15 feet in height. Page 3 of 2 14. The following uses have been prohibited per this conditional use request: a. Convenience Stores with Gas Pumps only(SIC Group 5411) b. Gasoline Service Stations(SIC Group 5541) c. Homeless Shelters d. Hospitals(SIC Groups 8062-8069) e. Marinas(SIC Group 4493) f. Residential dwelling units g. Soup Kitchens 13.-CPS-01274/59 5/21/14 Page 2 of 2 COMPANION ITEMS qA PL2013000224q/GPSS-2013 -2 q6 RZ- PL20130001(052 q 0 CU- P L20130002241 WERE CONTINUEP FROM THE APRIL 17TH PLANNING COMMISSION MEETING TO THE MAY 15TH MEETING, THEN FURTHER CONTINUEP TO THIS JUNE 5TH 2014 PATE AGENDA ITEM 9-D Ci0 ier' CON.7y Growth Management Division Planning &Zoning Department MEMORANDUM: TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING&ZONING DEPARTMENT HEARING DATE: JUNE 5,2014 SUBJECT: PUDA-PL20140000342,NAPLES RESERVE RPUD (Regular Agenda) The Collier County Planning Commission (CCPC) heard PUDA-PL20140000342, Naples Reserve RPUD land use petition at its May 15, 2014 hearing. The CCPC motioned to continue the petition 6-0 subject to the following(staff comment is in italics): 1. Limit hauling to a 10 mile radius. Please refer to Exhibit F, Transportation Developer Commitments, Item D, Page 12 of 15 of the PUD Document. 2. Rock crushing location to be provided to establish minimum distance from existing residential properties. This item to be addressed at a future time. 3. State that trucking hours are limited to 8 am to 5 pm,excavation hours are limited 7 am to 5 pm;and blasting limited 9 am to 4 pm. Please refer to Exhibit F, Transportation Developer Commitments, Item D, Page 12 of 15 of the PUD Document. 4. Establish a completion date for the excavation. Please refer to Exhibit F, Transportation Developer Commitments, Item H, Page 12 of 15 of the PUD Document. 5. Limit the number of trucks exiting to 140 trucks leaving per day. Please refer to Exhibit F, Transportation Developer Commitments, Item F, Page 12 of 15 of the PUD Document. 6. Limit hauling from Monday to Friday. Please refer to Exhibit F, Transportation Developer Commitments, Item D, Page 12 of 15 of the PUD Document. 4 fri Planning&Zoning Department •2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net 7. Install a wheel wash system. This item to be addressed at a future time. 8. Widen Greenway Road to 24 feet and add striping,overlay and restripe within 60 days of excavation completion date. Please refer to Exhibit F, Environmental Developer Commitments, Item G, Page 12 of 15 of the PUD Document. 9. Modify and clarify environmental preserve language. Please refer to Exhibit F, Environmental Developer Commitments, Item A, Page 12 of 15 of the PUD Document. 10. There shall be no stacking on Greenway Road when accessing the project. Please refer to Exhibit F, Environmental Developer Commitments, Item I, Page 12 of 15 of the PUD Document. Attachments: A. Naples Reserve RPUD Document—revised page 12 with yellow highlights depicting CCPC revisions B. Naples Reserve RPUD Document—pages 1 thru 15 C. Commercial Excavation Permit Plans END OF MEMO and CR 92 . . . _ - - -: . . e Code of Ordinances ao tf administrator, or his designee, and by the environmental advisory council for fill material from a previou . ... : • . . .. -- - • .. . .-, . .• -. - . • Planning Commission." 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 material removed from the development shall not exceed 1,050,000 cubic yards. Hours of operation for truck hauling shall be limited to 8 AM to 5 PM, Monday-Friday. Excavation hours shall be limited to 7 AM to 5 PM, Monday-Friday. Blasting shall only occur between 9 AM and 4 PM, Monday-Friday. E. A secondary access point for side• t ...,c shall be provided off of Greenway Road prior to export of excavation materials. F. The maximum number of fill truck trips shall not exceed 140 exiting trips per day. G. Prior to commencement of off-site removal of fill, the Developer will improve Greenway Road by providing a 24-foot wide (paved and stabilized) roadway. Within 60 days of completion of the excavation activities and associated export of surplus embankment material, the Developer shall restore the 24-foot wide paved area and restripe in accordance with Collier County Transportation Department direction. H. Off-site removal of fill shall be completed within two years of approval of the commercial excavation permit. The Developer may request an extension of up to one year,beyond this two year period, from the Collier County Planning Commission. There shall be no stacking of excavation-related vehicles including haul trucks on Greenway Road. Page 12 of 15 Words underlined are added,words struck thhroug}t are deleted H:12012\2012(03\WP\PUDATost CCPC1Naples Reserve RPM)(PUDA-PL-2014-0342)5-21-14.docx Attachment A NAPLES RESERVE RPUD EXHIBIT A PROJECT LAND USE TRACTS TYPE UNITS/FT. ACREAGE± TRACT"R" RESIDENTIAL 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 ("BZA") by the process outlined in the Land Development Code (LDC). Page 1 of 15 Words underlined are added,words are deleted H:12012120121031WP\PUDA1Post CCPCtNaples Reserve RPUD(PUDA-PL-2014-0342)5-21-14.docx Attachment B 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 LDC. 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. 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: Page 2 of 15 Words underlined are added,words e#ne#4 eugh are deleted I-1:1201212012103 PUDA\Post CCPC\Naples Reserve RPUD(PUDA-PL-2014-0342)5-21-14.docx A. Principal Uses: 1) Preservation of native habitat. B. Accessory Uses: 1) Storm water management treatment, conveyance facilities, and structures, such as berms, swales,and outfall structures. 2) Pervious and impervious pathways and boardwalks, consistent with LDC Section 3.05.07 H.1. 3) Shelters without walls. 4) Educational signage 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 15 Words underlined are added,words stmelklifough are deleted H:\2012120121031WP\PUDA1Post CCPC\Naples Reserve RPUD(PUDA-PL-2014-0342)5-21-14.docx EXHIBIT B DEVELOPMENT STANDARDS 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, subdivision plat, site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide development 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 be 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 1154 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 off-site signage opportunity may only be implemented after such signage is allowed in the Walnut Lakes PUD. Page 4 of 15 Words underlined are added,words ugh are deleted H:\2012\20121031WP\PUDA\Post CCPC\Naples Reserve RPUD(PUDA-PL-2014-0342)5-21-14.docx TABLE 1 RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT SINGLE SINGLE FAMILY PATIO HOME& MULTI- CLUBHOUSE/ STANDARDS FAMILY ATTACHED& VILLAS FAMILY RECREATION DETACHED TOWNHOUSE BUILDINGS PRINCIPAhSTRUCTURES :' MIN.LOT AREA 6,000 S.F. 2250 S.F.PER UNIT 5,000 S.F.PER 2250 S.F.PER 10,000 S.F. PER UNIT UNIT UNIT MAX.LOT AREA 1 ACRE N/A N/A N/A N/A MIN.LOT WIDTH 40 FEET 25 FEET 25 FEET 25 FEET N/A MIN.FLOOR AREA 1,000 S.F 1,000 S.F 1,000 S.F I,000 S.F./D.U. N/A MIN.FRONT YARD 20 FEET* 20 FEET 20 FEET 20 FEET* 25 FEET MIN.SIDE YARD 6 FEET 0 FEET OR 6 FEET 3 FEET OR 9 GREATER OF GREATER OF 15 FEET** 10 FEET OR''A FEET OR'A BH BI-I MIN.REAR YARD 15 FEET 15 FEET 15 FEET 15 FEET GREATER OF 15 FEET OR BH MIN.PRESERVE 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET SETBACK MIN.DISTANCE 12 FEET 12 FEET 12 FEET GREATER OF GREATER OF 15 BETWEEN 20 FEET OR'/2 FEET OR Y2 BH STRUCTURES THE SUM OF BII MAX.BUILDING 35 FEET 40 FEET 35 FEET 55 FEET 50 FEET HEIGHT NOT TO EXCEED(ZONED) MAX.BUILDING 45 FEET 50 FEET 45 FEET 65 FEET 60 FEET HEIGHT NOT TO EXCEED(ACTUAL) ACCESSORY STRUCTURES:` FRONT S.P.S. S.P.S. S.P.S. S.P.S. 20 FEET SIDE S.P.S. S.P.S. S.P.S. S.P.S. ',4 BH REAR(ATTACHED) 5 FEET 5 FEET 5 FEET 5 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 MIN.DISTANCE 12 FEET 12 FEET 12 FEET 12 FEET GREATER OF 15 BETWEEN FEET OR'/2 BH STRUCTURES MAX.BUILDING 35 FEET 35 FEET 35 FEET 35 FEET 40 FEET HEIGHT NOT TO EXCEED(ZONED) MAX.BUILDING 45 FEET 45 FEET 45 FEET 45 FEET 50 FEET IIEIGHT NOT TO EXCEED(ACTUAL) 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. *Residences with side loaded garages may have a minimum 15 foot front yard. **A three(3')foot setback shall be permitted only where nine(9')feet is provided on the adjacent lot. Page 5 of 15 Words underlined are added,words strueletlueugh are deleted • H:12012120121031WP\PUDA1Post CCPC\Naples Reserve RPUD(PUDA-PL-2014-0342)5-21-14.docx 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 townhomes).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 1 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. ■ oic { — _ fiii ' j i : - t r—II, i f � If i E Figure 1 Page 6 of 15 Words underlined are added,words stFeek-theeugh are deleted H:\20 1 2120 12 1 031WP\PUDA'Post CCPC\Naples Reserve RPUD(PUDA-PL-2014-0342)5-21-14.docx EXHIBIT C MASTER PLAN A,AQUCLILTtJRE •PatEUTSAt PICAYUNE STRAW STATE FOREST •:aoR"+u!E yb. OF 3CCTIPN.1 ' -fuTuRE'ACCESS sessr)rs' 'a N. f , •.? 4 .0 'JS SI rte• .. �-. ... ...�......� ▪�;. .._ e. ..__ .�.. 'e�c.:,�.-..Y:..,:.. -:...�*.^:,.,.�.:��::�ir<!,_.�:F:„^�"'y.:v5 .xxw`^.x-:�x�u �5:�..,. .... ....... :.. ....:,.e .,y.,, ....h..-x.:.-.,s::. �i...„v..J.. :. . .. .::;?.-ca •...'•,W,,:p.as.-n ..,. - ?`,�;�:^;'r"- =?3;a,..4,5� .� lik• '.l, • .--i-iF'''..Gi:2L'ci'x�•-'.�• ':� y^.'4 a,,..( S }' 'e.-. 'L u5 ai+.:.: "..,-Tt.i:. ^a.:t .'T"��;Y'x:.�, 5::. .02.:.:� r..., _. v -,. � - .-.. _ �' _ - - R IzS,EAST uNE OF •207 MSL TYPE c . ♦ "-1 't T ,f .• a'ISUtFETt I r 1w r � 1 fi P= ,1 R �� 3y 1 P sECnca+ - R �. \ �j A AGRICULTURE ^v • `.: R R '•r r t�`t'.7.•,..:-.,:•:..e• . Wit, AGRK S1l1VRJ11 li •F,,r -.. 'a+u+r•7: —s;" �. . _ _..:-•",.:.,_....0,:T; ..' 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R _`,:_ e.. .'' �o' Ew51NVO•COKSERVAt• •• MM �� `�i,' r�;''',t!. .— J a11z vACCS 37-1.194,--1: e w PRESERVE TRACT' I. R ; EXHIBIT C MASTER PLAN(continued) • .2, 31 V F771 r f . 374 C 304 _406' sr01 iT ._._.... PROJECT %LOCAnoN : i:;:////,41 THE LOC PROVISONS FROM pL'al i SECTION 5.06.02.0.6 ARE 1 s<Pt3T� APPIJCABLE FOR ....... OFF-PREMISE-SIGNAGE - i. F LEGAL DESCRIPTIOt SYC'REN.I I,TOWNSHIP Di SOUTH,RANGE 26 EAST RPUO MASTER PLAN NOTES: T. WITHIN THE PUS.BOUNDARIES THERE 160.BE A.MINIMUM OF SOX'OF OPEN SPACE IN THE URBAN RESIDENTIAL FRINGE AND 705 OPEN SPACE:IN THE RURAL FRINGE' 2. THE REQUIRED SOP AND.70R OPEN SPACE(SEE CHART BELOW)SHALL BE PROVIDED, :3. THE FACSUTIES AND IMPROVEMENTS SHOWN ON THE:PUD MASTER PLAN SHALL BE CONSIDERED CONCEPTUAL IN NATURE. 4, THE DESIGN,LOCATION AND CONFIGURATION DF THE LAND IMPROVEMENTS SHALL BE DEFINED AT-EITHER SDP APPROVAL OR CONSTRUCTION PLANS AND PLAY APPROVAL 6. THE LANE AND OPEN SPACE AREAS ALONG THE NORTH BOUNDARY SATISFY THE REQUIREMENTS'OF LDD'SECTION! 6. THERE SHALL BE'.A MINIMUM OF 41.1 ACRES'OF NAME PRESERVE YATTIN THE RPUD. 7. SHOULD THE ESISTTNG 60!WADE ROADWAY EASEMENT ON THE SOUTHERN.AND EASTERN BOUNDARIES BE VACATED OR EXTINGUISHED.THE 20 FOOT NODE TYPE BUFFER WILL BE LOCATED ADJACENT TO THE SOUTHERN AND EASTERN PROPERTY BOUNDARIES. B. THE PRESERVE SHALL BE SUPPLEMENTED WITH ADDITIONAL.PLANTINGS TO.SATISFY BOTH LANDSCAPE BUFFER REQUIREMENTS AND NATIVE PRESERVE REQUIREMENTS Cr THE LOO: LEGEND: LAND USE SUMMARY C PESERVC TRACT LANE)LIFE ACREAGE EmSIINR :..::..:...........::.:..:.:.......,,.....,.:.:..,:,:..,:...:,..::..,::..::.......... TRACT"R' RESIDENTIAL 5639 dLAXE TRACT`RA RECREATICM.AL 31.6 1'I •...•PRESERVE 726 PUBLIC RIGHT^#-WAY RESERVATION TOTAL 686.1 ERSTINC ROADWAY EASEMENT REQUIRED OPEN SPADE SUMMARY POTENTIAL FUTURE REEREA7101W AREA LAND USE:j ACREAGE: REC4 SPA ACRFAC'E gPFN7 SPACE OPTIONAL CAl}:.ROUSE ENTRY FEATURE RNR 377.12 7674 363.98 E EQIWAY/MULTI-USE PATHWAY. LAD 310.94 60% I toss's RA .■ECREATION AREA PER PLAT) pr SUMMARY P PRESERVE TRACT R REA0Fi TEAL TRACT OFNSiTY:E>E4C'RHTh7N ;ou/AC I UNITS A7A.VU.Aitd MR RE1 CREDITS Wni-i(Rlr; alb 54? CREDITS _MEX,UMUM DENOTY WITH TOR CREDITS 167 1754 ......._� .. .... .. Page 8 of 15 Words underlined are added,words struck Bret gh are deleted II:\2012\2012103\WP\PUDA\Post CCPC\Naples Reserve RPUD(PUDA-PL-2014-0342)5-21-14.docx EXHIBIT D LEGAL DESCRIPTION All of Section 1,Township 51 South,Range 26 East, Collier County,Florida. Page 9 of 15 Words underlined are added,words are deleted H:1201212012103\WP\PUDA\Post CCPCNaples Reserve RPUD(PUDA-PL-2014-0342)5-21-14.docx EXHIBIT E 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 fifteen. Deviation #2 seeks relief from LDC Section 5.06.02.B.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 PUD. Page 10 of 15 Words underlined are added,words ffilaek through are deleted H:\2012\2012103\WP\PUDA1Post CCPCNaples Reserve RPUD(PUDA-PL-2014-0342)5-2l-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 Developer 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. The developer 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 US-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 '- .. ., .. .. _ - - . . . - . . •e! -. .•_ ., -•• - - • • - may be removed from the development e - 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 15 Words underlined are added,words struck stFuelEthreogh are deleted H.\2012\20121031WP\PUDA\Post CCPC\Naples Reserve RPUD(PUDA-PL2014-0342)5-21-14.docx and CR 92_, .... _ .. - _. . _ _ -.._ . . . ._ - . 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 material removed from the development shall not exceed 1,050,000 cubic yards. Hours of operation for truck hauling shall be limited to 8 AM to 5 PM, Monday-Friday. Excavation hours shall be limited to 7 AM to 5 PM, Monday-Friday. Blasting shall only occur between 9 AM and 4 PM,Monday-Friday. E. A secondary access point for resident use shall be provided off of Greenway Road prior to export of excavation materials. F. The maximum number of fill truck trips shall not exceed 140 exiting trips per day. G. Prior to commencement of off-site removal of fill, the Developer will improve Greenway Road by providing a 24-foot wide (paved and stabilized) roadway. Within 60 days of completion of the excavation activities and associated export of surplus embankment material, the Developer shall restore the 24-foot wide paved area and restripe in accordance with Collier County Transportation Department direction. H. Off-site removal of fill shall be completed within two years of approval of the commercial excavation permit. The Developer may request an extension of up to one year,beyond this two year period, from the Collier County Planning Commission. I. There shall be no stacking of excavation-related vehicles including haul trucks on Greenway Road. Page 12 of 15 Words underlined are added,words ugh are deleted H:1201212012103\WP\PUDA1Post CCPC\Naples Reserve RPUD(PUDA-PL-2014-0342)5-21-14.docx 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, and equal 72.6 acres, which exceeds the minimum required 41.1 acres of native vegetation. -. - - -- . -_- . 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 provisions of the Collier County Growth Management Plan-I erde- *e i 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 SFI 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 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- Page 13 of 15 Words underlined are added,words struck ough are deleted H:\2012\20I2103\WP\PUDA\Post CCPC\Naples Reserve RPUD(PUDA-PL-2014-0342)5-21-14.docx 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 231st 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). 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 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 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 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 Page 14 of 15 Words underlined are added,words sttaslk-t rouugh are deleted H:12012120121031WP\PUDA\Post CCPC\Naples Reserve RPUD(PUDA-PL2014-0342)5-21-14.docx 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. 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IR \ ', A si MI NAlb 0 gh ,,, a ;3 — — iiii1135i A Ogg i W \\ 4 \ ill Pill/OA m \ g i 1.1164,1,ii 1 lig ,. _ 3 1 i!E 4:iihg g i 2 gr:il ORti " i . P41 Ili 'r,„,'"z N 11 qi N 1 1 A Nip ll 0 IP° . 4 : Pi il .1g i lid , ! hr. — Pi „AIM 1 11 - Ifi 4,616111MMI RAI -r''''' iliE : lil i °1 ' 111.. - il ; A .1 Iii igiA . - g 1 I 1 ) iiH bil f 1111 ' i 1 , ii' ! 0 - Bo og a ; — : Citt ...... A mum•A At=...■Mow woes moms 50515-- ....5::5 NAPLES RESERVE ..g1;.-to g• ••• — ,....... SF!R , L NAPLES RE c VI tii Ft EROSION CONTROL DETAILS 1 ROBAU&ASSOCIATES AGENDA ITEM 9-E Co ker County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES—PLANNING&ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION--PLANNING&REGULATION HEARING DATE: JUNE 6,2014 SUBJECT: PUDZ-PL20120001981;RMC ENCLAVE RPUD PROPERTY OWNER&APPLICANT/AGENT: Property Owner/Applicant: Agents: Enclave–Livingston LLC Q. Grady Minor&Associates Cheffy Passidomo, P.A. 1055 Crosspointe Drive 3800 Via Del Rey 821 Fifth Ave S Naples, FL 34104 Bonita Springs,FL 34134 Naples,FL 34102 REOUESTED ACTION: The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for a rezone from a Rural Agricultural District (A) and Rural Agricultural District within a Special Treatment Overlay (A-ST) to a Residential Planned Unit Development (RPUD) zoning district for the project known as RMC-Enclave RPUD to allow construction of a maximum of 114 single family or multi-family dwelling units or up to 350 group housing units for seniors. For details about the project proposal,refer to"Purpose/Description of Project." GEOGRAPHIC LOCATION: The subject property, consisting of 28.38± acres, is located on the west side of Livingston Road, approximately 1,300 feet south of the intersection of Veterans Memorial Boulevard and Livingston Road, Section 13, Township 48 South, Range 25 East, Collier County, Florida, (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting a rezone to allow development of a maximum of 114 single family or multi-family dwelling units or up to 350 group housing units for seniors. There shall be no mixing of the residential dwelling units with the group housing units. The Master Plan shows one access point onto Livingston Road, and a possible interconnection onto Learning Lane. A water management area and two preserve areas are also shown on the PUDZ-PL20120001981; RMC Enclave RPUD Page 1 of 12 June 6,2014 CCPC Revised: 5/15/14 N.s.A,l wa n� c 9 ■� /MI PF 6 � l N � 1 4 (c R.8,0 r-- I 1 r gi apir ill .g,7 3 i . 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The site is currently undeveloped so there are no existing structures to be shown. The applicant is seeking approval of one deviation(see deviation discussion for more detail.) SURROUNDING LAND USE AND ZONING: North: Undeveloped with a zoning designation of Agricultural (A) East: Livingston Road and the Grace Romanian Church of Naples PUD, undeveloped with a zoning designation of PUD South: Learning Lane, then, lan d developing as Camden Lakes, with a zoning designation of the Royal Palm International Academy PUD West: North Naples Middle school,with a zoning designation of A '' J,yF,U .:,5'' gl�!\ -4-, ,a "ai�',ry,?' `. t --..-NN xr,�u'a.� „ufrx G«5�� k r V r � F�'• � - r Ys x - ', ;� s t Olt$5c �` -'- ~ ete- -,, Memtar+aNBwtl qi —' -:, Y fir" `..41:171, ,f E aX41 s i y i }3 Yx� A�- to a t 3`3 - : '�.^ k"`, :'-'. d a } .- Subject (P-_,...'.'`_,,,71,..-,-_-:t _ ". �; k-1 : � . Property a x 1r _ - _; 4 .ew,aae w .• .1„,„p r 1,t4„,,,,, _::, f__,,,,,---, 1 - - ... _ ..,,.. -.-.:.:-g a yy rc *u: n-li �q d `- ma ,,,,...:_,.. , .... ,, „. .‘, . -, , , ._,. ,...,. ..... ...........__,,,,,.. a+ {" M �d"�A� T.` Z fa Ii,-_,-,-,-.1-,...- A F Y 1 fi• x s t ntrad&Ave 1.y „*.:4„, 3 ate.. y.--..lo 5 'L�?�^ Aerial Photo (subject site depiction is approximate) PUDZ PL2012000198i;RMC Enclave RPUD Page 2 of 12 June 6,2014 CCPC Revised: 5/15/14 GROWTH MANAGEMENT PLAN(GMP)CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban, Urban Mixed Use District,Urban Residential Subdistrict, as depicted on the Future Land Use Map(FLUM) and in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP). Relevant to this petition, this designation allows a variety of residential unit types, subject to the Density Rating System, and customary accessory uses; and, non-residential uses, including senior group housing uses—the uses proposed in this PUD. Under the FLUE's Density Rating System, the project is eligible for a maximum density of 4 dwelling units per acre (DU/A). The applicant proposes 114 DUs,yielding 4.00 DU/A. Future Land Use Element (FLUE) Policy 5.4 requires new developments to be compatible with the surrounding land area. Comprehensive Planning leaves this determination to Zoning Services staff as part of their review of the petition in its entirety. In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following FLUE policies shall be implemented for new development and redevelopment projects,where applicable. Each policy is followed by staff analysis in[bold text]. Objective 7: In an effort to support the Dover,Kohl &Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects,where applicable. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [Exhibit C, PUD Master Plan, depicts direct access to Livingston Road, classified as an arterial road in the Transportation Element. All development within this PUD will have internal access to this 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. [Exhibit C, PUD Master Plan, depicts an access road that will potentially run through the entire project from Livingston Road to Learning Lane.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. [Exhibit C, PUD Master Plan, depicts a potential future roadway interconnection to Learning Lane on the southern property boundary, contingent upon approval from the Collier County School District — the owner of this roadway. The PUD Master Plan does not depict interconnections with abutting properties to the north, east and west of the site. The western property boundary is adjacent to the developed North Naples Middle School site and the proposed on-site preservation area within the subject project; and, a portion of the southern boundary and the eastern boundary abut the preserve and lake areas of the Grace Romanian Baptist Church PUD. However,interconnections to these properties east and south (Grace Romanian Baptist Church PUD) and west of the subject PUDZ-PL20120001981;RMC Enclave RPUD Page 3 of 12 June 6,2014 CCPC Revised: 5/15/14 site do not appear to be feasible. The northern boundary abuts an undeveloped, Agricultural zoned tract; an interconnection to the north appears to be both practical and feasible. This same property abuts Veterans Memorial Blvd. and Livingston Rd. and it is assumed that the site will have access to both roadways. It appears that this site would have limited benefit to have an interconnection to the subject site. However,it would appear that the subject site may benefit from an interconnection to the site to the north for access onto Veterans Memorial Blvd. — which has a signalized intersection at Livingston Road. Accordingly, a "potential future interconnection" to the property to the north should be identified on the Master Plan and a commitment to negotiate an interconnection to the site to the north should be added to Exhibit F of the RPUD.] Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces,civic facilities and a range of housing prices and types. [The PUD allows for a variety of dwelling unit types; and, provides for open space and preservation areas,consistent with the Land Development Code(LDC).] Based upon the above analysis, the proposed RPUD is consistent with the Future Land Use Element. However, the applicant is requested to show a "potential future interconnection" on Exhibit C, RPUD Master Plan; and, include a commitment to negotiate an interconnection with the site to the north within Exhibit F,as noted above. 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 amendment 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): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The CCME (and LDC) requires 25% of the 28.08 acres of native vegetation on-site to be preserved. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning. Staff is required to make a recommendation regarding a fmding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to PUDZ-PL20120001981;RMC Enclave RPUD Page 4 of 12 June 6,2014 CCPC Revised: 5/15/14 as the "PUD Findings"), and Subsection 10.02.08.F, Nature of Requirements of Planning Commission Report(referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Services staff has reviewed the PUD submittal, including the PUD document to address environmental concerns. The PUD Master Plan provides 7.02 acres of Preserve,which meets the minimum Preserve requirement of 7.02 acres. This project does not require and Environmental Advisory Council (EAC) review, as this project does not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right-of-way and access issues as well as roadway capacity, and recommends approval subject to the Developer/owner commitments as provided in the PUD ordinance. Zoning Services Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the subject site, the compatibility analysis included a review of the subject proposal comparing it to surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location. Historic &Archeological Preservation Board: At the March 19,2014 meeting the board voted 4 to 0 to accept the fmdings presented in the Cultural Assessment that the subject parcel did not contain any known or significant cultural resources. Zoning staff is of the opinion that this project will be compatible with and complementary to, the surrounding land uses. The land to the north is undeveloped A zoned land. To the east is the Grace Romanian Church site, which is undeveloped. To the south is a developing residential project, Camden Lakes. To the west is the North Naples Middle School. Staff does not foresee any incompatibility issues that could arise from development of this site as proposed. Deviation Discussion: The petitioner is seeking approval of one deviation from the requirements of the LDC. The deviation is listed in PUD Exhibit E. Deviations are a normal derivative of the PUD zoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or PUDZ-Pt20120001981;RMC Enclave RPUD Page 5 of 12 June 6,2014 CCPC Revised: 5/15/14 redevelopment of relatively large tracts of land under unified ownership or control. PUDs . . . . may depart from the strict application of setback height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest. . . . Deviation 1 seeks relief from LDC section 50.05.04.D.1, Group Housing, which establishes a maximum Floor Area Ratio(FAR)of 0.45 for group housing to permit a maximum FAR of 0.6. Petitioner's Rationale: The applicant states in his justification for this deviation the following: Modern senior housing projects provide a significant array of recreational amenities, which when provided within the building increase the total square footage of the structure; therefore, increasing the FAR. Newer senior housing projects also provide more spacious interior living space, necessitating a larger FAR. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." FINDINGS OF FACT: LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below. [Staff's responses to these criteria are provided in bold, non-italicized font]: PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff is of the opinion that the proposed uses are compatible with the approved uses and existing development in the area. In addition, the proposed property development regulations provide adequate assurances that the proposed project will be suitable to the type and pattern of development in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may PUDZ-PL20120001981; RMC Enclave RPUD Page 6 of 12 June 6,2014 CCPC Revised: 5/15/14 relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application,which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to obtain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. As described in the Analysis Section of this staff report, staff is of the opinion that the proposed uses,development standards and developer commitments will help ensure that this project is compatible with the surrounding area. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of 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. The roadway infrastructure has adequate capacity to serve the proposed project as noted in the GMP FLUE and Transportation Element consistency review, if the mitigation proposed by the petitioner is included in any approval recommendation. 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. The area has adequate supporting infrastructure such as wastewater disposal systems and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. PUDZ-PL20120001981;RMC Enclave RPUD Page 7 of 12 June 6,2014 CCPC Revised: 5/15/14 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking one deviation to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff believes the deviation can be supported, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the elements may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.B.5.h,the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Please refer to the Deviation Discussion portion of the staff report for a more extensive examination of the deviations. Rezone Findings: LDC Subsection 10.02.08 F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, &policies of the Future Land Use Map and the elements of the Growth Management Plan. Staff is recommending that this project be found consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development and with all other applicable policies of the GMP if the companion GMPA is adopted. 2. The existing land use pattern; Staff has described the existing land use pattern in the"Surrounding Land Use and Zoning" portion of this report and discussed it in the zoning review analysis. Staff believes the proposed rezoning is appropriate given the existing land use pattern, and development restrictions included in the PUD Ordinance,but staff does not support all of the deviations. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD rezone would not create an isolated zoning district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the proposed district boundaries are logically drawn since the zoning boundary mirrors the existing property boundary for the contract purchaser. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. PUDZ-PL20120001981; RMC Enclave RPUD Page 8 of 12 June 6,2014 CCPC Revised: 5/15/14 The proposed change is not necessary,per se; but it is being requested in compliance with the LDC provisions to seek such changes, and the proposed rezoning is being requested in concert with a request to amend the GMP. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed change, subject to the proposed list of uses and property development regulations and the proposed Development Commitments detailed in Exhibit F, is consistent with the County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. Therefore, the proposed change should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project at this time subject to the Transportation Commitments contained in Exhibit F of the RPUD ordinance. 8. Whether the proposed change will create a drainage problem; The proposed change should not create drainage or surface water problems because the LDC specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. Additionally, the LDC and GMP have other specific regulations in place that will ensure review for drainage on new developments. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this petition were approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. This project's property development regulations provide adequate setbacks and distances between structures; therefore the project should not significantly reduce light and air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market value. There is no guarantee that the project will be marketed in a manner comparable to the surrounding developments. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Properties to the north of this property are zoned PUD but remain undeveloped with the uses that would be allowed by that zoning. Rezoning this property to a PUD district seems PUDZ-PL20120001981;RMC Enclave RPUD Page 9 of 12 June 6,2014 CCPC Revised: 5/15114 appropriate and allows for the interconnection shown on the PUD Master Plan. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the Growth Management Plan, if the proposed amendment is adopted, which is a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact,the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property could be developed within the parameters of the existing zoning designations; however, the petitioner is seeking this amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed amendment meets the intent of the PUD district, and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously, the proposed rezone boundary follows the existing property ownership boundary. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban-designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, staff has evaluated the appropriateness of this particular zoning petition. There are other sites in Collier County that would allow the proposed uses; however the proposed uses are also appropriate at this location as well. The petition was reviewed on its own merit for compliance with the GMP and the LDC. The proposed rezone is consistent with the GMP as discussed in other portions of the staff report. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. PUDZ-PL20120001981;RMC Enclave RPUD Page 10 of 12 June 6,2014 CCPC Revised: 5/15/14 Any development anticipated by the PUD document would require considerable site alteration and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended 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, except as it may be exempt by federal regulations. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING(MM): The agents conducted a duly noticed NIM on April 24,2014. Please see attached copy of notes. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed the staff report for this petition on May 13,2014. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission approve this petition, with the stipulation that the applicant revise Exhibit C, RPUD Master Plan to show a"potential future interconnection," and include a commitment to negotiate an interconnection with the site to the north within Exhibit F, as noted in the GMP discussion. PUDZ-PL20120001981;RMC Enclave RPUD Page 11 of 12 June 6,2014 CCPC Revised: 5/15/14 I PREPARED BY: /b 0/1/14 KA DSELEM,AICP,PRINCIPAL PLANNER DATE DEPARTMENT OF PLANNING AND ZONING REVIEWED BY: exi. ca______________ �-/S� �� 7744-RAY D V. BELLOWS,ZONING MANAGER DATE DEPARTMENT OF PLANNING AND ZONING 040) s-- r- /y MIKE BOSI, AICP,DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING APPROVED BY: i r • l f ASA`: GUID' AD■ IN1ST c., it ' DATE GROWTH MANAGEM' ' PIVISIC Attachment: NIM transcript This petition will has been tentatively scheduled for a September 9,2014 BCC hearing PUDZ-PL20120001981; RMC Enclave RPUD Page 12 of 12 June 6,2014 CCPC Revised: 5/1514 1 1 2 TRANSCRIPT OF THE 3 NEIGHBORHOOD INFORMATION MEETING 4 FOR RMC - ENCLAVE MPUD 5 6 April 24, 2014 7 8 9 10 Appearances: 11 WAYNE ARNOLD 12 JOHN PASSIDOMO, ESQ. 13 KAY DESELEM 14 15 16 17 18 19 20 21 22 23 24 25 2 1 MR. ARNOLD: We'll get started if -- unless 2 you have a neighbor that you know is on their way 3 and we'll wait a few more minutes. 4 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 5 MR. ARNOLD: Okay. Well, welcome, everybody. 6 My name is Wayne Arnold and I'm a planner with 7 GradyMinor & Associates, and we're required to tape 8 the meeting by county requirements. So Sharon 9 Umpenhour from our office, who you received our 10 letter from, if you received a letter, will be 11 recording the meeting. 12 John Passidomo, to my right, is our land use 13 attorney working on the project. And now here 14 tonight we have a traffic engineer that's on our 15 team, Jim Banks, from J&T Transportation, and 16 Pascarella & Associates is our environmental 17 consultant that's helping us on the project. 18 The property in question is about 28 acres. 19 It's outlined on the aerial up here and it's north 20 of the Learning Lane traffic signal on the west 21 side of Livingston Road. 22 Obviously, it's a vacant piece and we abut 23 both schools on two sides and then the property 24 immediately to our north is Diocese of Venice 25 property that's zoned agricultural and uncommitted, 3 1 and then our nearest neighbor, it's undeveloped, is 2 the Grace Romanian Baptist Church. 3 So that kind of gives you a little bit of 4 orientation. I've got another exhibit that has -- 5 I'm not sure where each of you live, but it's got 6 some of the zoning designations and project names 7 on it, so maybe get a better orientation of how you 8 relate to where we are. 9 But we're proposing an access point on 10 Livingston Road. There's already been a stub out 11 to -- most of you are familiar, I'm sure, with 12 Livingston Road, and it's going to align across 13 from the proposed fire station that's under 14 construction. So that's kind of where we are in 15 the world. 16 And the process -- maybe I'll just explain a 17 little bit about the process we're under. We're 18 rezoning the property from its agricultural zoning 19 to a planned unit development and we're requesting 20 a couple different development options. One is for 21 a conventional residential community of up to 114 22 residences, or we have a development option for 350 23 senior housing units of a variety of types we've 24 built in. We don't -- don't know yet. 25 We've been talking to both homebuilder 4 1 providers and senior housing providers, but we're 2 making provisions for both of those in our zoning 3 document. 4 We've had one round of sufficiency review from 5 the county, and after that review, we're eligible 6 to post our neighborhood meeting and share with the 7 community what we're trying to do. So we're in the 8 review process, and we have some very tentative 9 hearing dates that are set into June and September 10 for Planning Commission and the Board, because the 11 Board takes a recess in all of August, and they 12 only have one meeting in July, so very likely we'll 13 carry forward into the fall and the September 14 timeframe for our final zoning hearing on the 15 project. 16 As part of the process, we're required to 17 develop a conceptual development plan, and this 18 highlights in beige the proposed development tracts 19 that would support either the residential or the 20 senior housing. 21 The access point, again, we show on Livingston 22 Road, aligning across from the North Naples fire 23 station. And we show a proposed interconnection on 24 Learning Lane to the south, which is -- the county 25 comprehensive plan suggests that you have an 5 1 interconnection with adjoining properties, and not 2 knowing who our neighbor is going to be to the 3 north with the Diocese, we're showing a proposed 4 connection to Learning Lane. 5 We don't know if that's going to happen or 6 not. That road is controlled by the School 7 District of Collier County and our neighbors to the 8 south, that are part of the Royal Palm Academy, had 9 to go and try to negotiate an access agreement with 10 them, and it's difficult. They like to control 11 their roads that access their school. So we may or 12 may not be eligible to get that, but we are making 13 provisions for it so we don't have to go back 14 through a zoning process if we don't show it now. 15 UNIDENTIFIED MALE VOICE: I have a question 16 for you there. 17 MR. ARNOLD: Sure. 18 UNIDENTIFIED MALE VOICE: Royal Palm is not 19 the owner of that property anymore. I believe it's 20 Pulte. 21 MR. ARNOLD: That's correct. Pulte owns that 22 property. 23 UNIDENTIFIED MALE VOICE: Okay. And Pulte 24 already has the rights to use Learning Lane. So 25 where would your point of entry be onto Learning 6 1 Lane? 2 MR. ARNOLD: Ours would be -- 3 UNIDENTIFIED MALE VOICE: Opposite where 4 Pulte's is or -- 5 MR. ARNOLD: No. Ours -- theirs is closer to 6 Livingston Road. Ours would be proposed to be 7 closer to the middle school. 8 UNIDENTIFIED MALE VOICE: To the gate, where 9 the gate is? 10 MR. ARNOLD: Well, the gate is right here at 11 the middle school entrance, right. 12 UNIDENTIFIED MALE VOICE: Right. 13 MR. ARNOLD: It would be near that property 14 line. 15 UNIDENTIFIED MALE VOICE: Okay. Just a word 16 of caution that I want to give you is that already 17 it's starting to be a very large intersection 18 because of only two lanes exiting out of Learning 19 Lane and I believe Pulte is going to have 150 or 20 more units in there and there's nothing set for the 21 back portion of Pulte's property where there was 22 supposed to be duplexes in the future, meaning 23 condos or something. 24 MR. ARNOLD: Okay. 25 UNIDENTIFIED MALE VOICE: I don't know if 7 1 that's in the makes or whatever, but I know that 2 there's an area dedicated to that back in the -- 3 where you see the school field, opposite the school 4 field. 5 MR. ARNOLD: Uh-huh. 6 UNIDENTIFIED MALE VOICE: Okay. 7 MR. ARNOLD: Over here? 8 UNIDENTIFIED MALE VOICE: No. In the gray -- 9 in the green area that says Royal Palm Academy 10 zone. 11 MR. ARNOLD: Okay. 12 UNIDENTIFIED MALE VOICE: No, before the -- 13 after the orange. 14 MR. ARNOLD: This? 15 UNIDENTIFIED MALE VOICE: Right there. 16 MR. ARNOLD: Uh-huh. 17 UNIDENTIFIED MALE VOICE: That's where, I 18 believe, that there may be some talk of having that 19 type of condominium behind the single family homes. 20 And I, for one, have to cross the street when I 21 drop my son off because all the students there are 22 not allowed bus privileges because of this 23 closeness between -- 24 MR. ARNOLD: Right. 25 UNIDENTIFIED MALE VOICE: -- Milano, et 8 1 cetera, and I find it difficult, once there's 2 traffic, I would have to stop and everybody would 3 not be able to make that right-hand turn, even 4 though it's legitimately by the Commission. I 5 spoke to the commissioner, where it's an 6 (indiscernible) turn is only needed, but it's -- 7 it's only needed, but you can't make the turn when 8 there's a bus there, and with another hundred 9 something homes, besides another 150 homes, if 10 they're using that access point, I think there 11 might be a bit of a problem with these -- the 12 zoning for the commercial end of it. 13 I just wanted to let you know. That's all. 14 MR. ARNOLD: I'm just not certain that -- we 15 don't know whether or not (indiscernible) . 16 UNIDENTIFIED MALE VOICE: I understand. I 17 understand that, but just something to keep in 18 frame in mind. 19 UNIDENTIFIED MALE VOICE: Is there going to be 20 a light on your Livingston exit? 21 MR. ARNOLD: No, sir. It's directional left 22 in (indiscernible) northbound, directional left in, 23 and then right in, right out southbound. 24 UNIDENTIFIED MALE VOICE: It could go both 25 ways? 9 1 MR. ARNOLD: Yes. 2 UNIDENTIFIED MALE VOICE: Okay. So -- 3 MR. ARNOLD: No, you can't make a left out and 4 go north. 5 UNIDENTIFIED MALE VOICE: Oh, you -- no, you 6 have to go and then make the turn? 7 MR. ARNOLD: You have to -- that's correct. 8 UNIDENTIFIED MALE VOICE: The fire department 9 is not going to have the ability to go both ways? 10 MR. ARNOLD: They will. Their median will be 11 mountable for their fire apparatus, but will not be 12 allowed to use it as a full opening. 13 UNIDENTIFIED MALE VOICE: Oh, it would be for 14 authorized personnel only type thing? • 15 MR. ARNOLD: Uh-huh. 16 UNIDENTIFIED MALE VOICE: Okay. Because to 17 also bring to your attention, not only us coming 18 out on the opposite end of that, there already is 19 another plan -- where it says zoned for 20 agricultural -- 21 MR. ARNOLD: Uh-huh. 22 UNIDENTIFIED MALE VOICE: -- on the opposite 23 of -- no, no, on the other side of the street. 24 MR. ARNOLD: Okay. 25 UNIDENTIFIED MALE VOICE: Not for Horton 10 1 (phonetic) , but for where you see zoned for 2 agricultural. 3 MR. ARNOLD: All of this? 4 UNIDENTIFIED MALE VOICE: Yes. That property 5 is sold and they're trying to get an easement off 6 our entrance to come out the same way as we come 7 out and they're looking to cut through our island 8 to get into their property (indiscernible) because 9 they're land locked. 10 So I'm just letting you know what's in store 11 for the future. 12 MR. ARNOLD: I appreciate it, yeah. 13 UNIDENTIFIED MALE VOICE: All right. 14 MR. ARNOLD: Thank you. Well, I'm happy to 15 take other questions. I might as well. I mean, 16 it's a -- it's a fairly straightforward request at 17 this point. 18 Yes, ma'am. 19 UNIDENTIFIED FEMALE VOICE: Do you have any 20 copies of that that you can hand out? 21 MR. ARNOLD: This? 22 UNIDENTIFIED FEMALE VOICE: That whole map 23 showing the sections -- 24 MR. ARNOLD: I don't, but if you wouldn't mind 25 leaving your e-mail address with Sharon, if you're 11 1 e-mailable, we'll send you a PDF of it. 2 MS. UMPENHOUR: I have a business card back 3 there on the table. 4 UNIDENTIFIED FEMALE VOICE: Okay. 5 MR. ARNOLD: Be happy to send you a PDF of 6 that exhibit, sure. 7 UNIDENTIFIED FEMALE VOICE: Okay. 8 MR. ARNOLD: Anybody else? Questions? 9 UNIDENTIFIED MALE VOICE: What is most likely? 10 Is it -- is it single family housing or the adult 11 -- at this point? 12 MR. ARNOLD: I don't think we know. 13 UNIDENTIFIED MALE VOICE: You don't. 14 MR. ARNOLD: I mean, I wish we did. I just 15 don't. I know that there's been interest from a 16 lot of homebuilders, there's been interest from 17 several senior housing providers. And there's 18 nobody under contract at the moment. 19 UNIDENTIFIED MALE VOICE: Now, what is the 20 timeline between permitting and breaking ground at 21 this point? 22 MR. ARNOLD: It's hard to say. We're -- we're 23 almost ready to submit for an environmental 24 resource permit with the South Florida Water 25 Management District, and it's a joint permit with 12 1 the Army Corps of Engineers. And that process 2 takes, you know, probably nine to 12 months, • 3 depending on how many issues they may have with it. 4 We think we're setting aside good quality wetlands, 5 but we don't know until we get into the process. 6 UNIDENTIFIED MALE VOICE: Okay. 7 MR. ARNOLD: But that's probably a year away g and it will occur sometime after we obtain zoning, 9 but we're in -- we will be concurrently in that 10 process. 11 So construction is going to be a year plus 12 away, most likely. 13 UNIDENTIFIED MALE VOICE: Is all that property 14 between the two schools school property? 15 MR. ARNOLD: This? 16 UNIDENTIFIED MALE VOICE: Yeah. 17 MR. ARNOLD: In this area, that is preserve 18 area for the school. 19 UNIDENTIFIED MALE VOICE: Oh, really? 20 MR. ARNOLD: That was there set-aside for 21 preservation areas. It's my understanding that 22 the church -- the Diocese owns this L-shaped parcel 23 to the north of us that goes all the way up to 24 Veterans Memorial Parkway. 25 UNIDENTIFIED MALE VOICE: If it -- if it turns 13 1 out to be single family, are you guys a developer 2 or the builder or -- or is it going to be lots, 3 building lots for custom builders or -- 4 MR. ARNOLD: I think that's undetermined at 5 the moment, too. I know that some of the owners of 6 the property do homebuilding, but no guarantee that 7 they will be the ultimate builder. 8 Like I said, I know that, you know, the folks, 9 such as the Pultes of the world and other -- other 10 developers have looked, and looked at the property 11 as well. 12 UNIDENTIFIED FEMALE VOICE: So all you're 13 talking about right now is the one on the left of 14 Livingston on that map? 15 MR. ARNOLD: Yeah, just this one, uh-huh. 16 UNIDENTIFIED MALE VOICE: And are you 17 responsible for any on the right side of -- 18 MR. ARNOLD: No, ma'am. 19 UNIDENTIFIED MALE VOICE: None of those? 20 MR. ARNOLD: I'm not. No, not involved with 21 any of those going on presently. 22 UNIDENTIFIED MALE VOICE: Okay. 23 MR. ARNOLD: Anybody else? Questions, 24 comments? 25 Just -- I didn't introduce her, but I forgot 14 1 to, Kay Deselem, with her hand up in the back row 2 over here, is our staff planner in Collier County 3 who's coordinating the review through the county, 4 various departments and, you know, she's available 5 for questions as well. It's our meeting, but she's 6 obviously here to help answer questions, too, and 7 provide some timelines. 8 Kay, I don't think we've set any specific 9 dates for hearings. I know we've looked at 10 tentative dates that are June for Planning 11 Commission and I think September for the Board of 12 County Commissioners. 13 MS. DESELEM: Yes. Right now, those two dates 14 we have set side, but as you mentioned, they are 15 tentative, depending on a few factors. 16 MR. ARNOLD: Right. But like I said, fairly 17 straightforward request. 18 Anybody who -- 19 UNIDENTIFIED MALE VOICE: Just got one other 20 question. 21 MR. ARNOLD: Sure. 22 UNIDENTIFIED MALE VOICE: With single homes, 23 how many are you talking and if it wasn't, and if 24 it was the other way, how many units? 25 MR. ARNOLD: We're asking for a maximum of 114 15 1 residential dwellings, and we've asked for a 2 variety of dwelling units. I have some, you know, 3 coach homes, the multi-family dwelling, single 4 family as well. So we've asked for the -- kind of 5 the whole line of product base, but a maximum of 6 114. 7 UNIDENTIFIED MALE VOICE: How about assisted 8 living or any of that stuff (indiscernible) ? 9 MR. ARNOLD: 350 -- 350 maximum units for the 10 senior housing. 11 UNIDENTIFIED MALE VOICE: For assisted living? 12 MR. ARNOLD: Well, we -- the county calls it 13 group housing for seniors, and that includes an 14 umbrella of several different -- 15 UNIDENTIFIED MALE VOICE: Okay. I understand. 16 MR. ARNOLD: Senior housing for people over 17 55. 18 UNIDENTIFIED MALE VOICE: That has been 19 mentioned but nothing has been etched in stone or 20 nothing. 21 MR. ARNOLD: Correct. 22 UNIDENTIFIED MALE VOICE: Okay. 23 MR. ARNOLD: So -- anything else I didn't talk 24 about that we need to talk about? Like I said, I'm 25 happy to answer questions. We don't have tons of 16 1 detail tonite, but it is an evolution. Anyone who 2 would like a copy of what we submitted to the 3 county, if you'll be kind enough to either contact 4 our office by taking one of Sharon's cards that are 5 on the back table or -- 6 MS. UMPENHOUR: The table back there. 7 MR. ARNOLD: -- e-mailing if you're -- like to 8 receive things electronically, we'll be happy to 9 send you what we've submitted to the county, and it 10 is a work in progress. 11 As I said, we're in a sufficiency review, so 12 it's -- the county may have comments. We may have 13 to make revisions to the documents. So it is in a 14 state of flux as we go through the public hearing 15 process. 16 UNIDENTIFIED MALE VOICE: And just for 17 informational purposes, the actual date that's 18 tentatively set aside for the Planning Commission 19 is June 5th, Thursday, June 5th. 20 MR. ARNOLD: And unlike this meeting, this is 21 a meeting that we noticed, but for the Collier 22 County Planning Commission meeting, you'll get a 23 public notice from Collier County and then we also 24 have to post the signs. And I'm sure you've seen 25 on other projects in your area that indicate that a 17 1 zoning action is going on, and it will have the 2 date. It's hard to read it, the scale that it is, 3 but it will have the dates and hearing times on 4 that as well. 5 Any other questions? 6 UNIDENTIFIED MALE VOICE: Any more details and 7 you know where things are located on site? 8 MR. ARNOLD: Adrian, not really. I mean, 9 that's our conceptual plan. All of the residential 10 or group housing development footprint is intended 11 to go in the tan areas, and then these are our 12 required preservation areas under Collier County's 13 rules, and then we show, essentially, a centralized 14 road that would service the two development tracts. 15 UNIDENTIFIED MALE VOICE: Okay. 16 MR. ARNOLD: Anybody else? Going once, twice. 17 Are we adjourned? 18 UNIDENTIFIED MALE VOICE: Thank you. 19 MR. ARNOLD: Thank you, everybody, for coming 20 out. Appreciate it. Thanks for taking your time. 21 (Proceedings concluded. ) 22 23 24 25 1 18 1 STATE OF FLORIDA 2 COUNTY OF COLLIER 3 4 I, Joyce B. Howell, do hereby certify that: 5 1. The foregoing pages numbered 1 through 17 6 contain a full, true and correct transcript of 7 proceedings in the above-entitled matter, transcribed 8 by me to the best of my knowledge and ability from a 9 digital audio recording. 10 2. I am not counsel for, related to, or 11 employed by any of the parties in the above-entitled 12 cause. 13 3. I am not financially or otherwise 14 interested in the outcome of this case. 15 16 SIGNED AND CERTIFIED: 17 18 Date: May 1, 2014 Joyce B. Howell 19 20 21 22 23 24 25 ORDINANCE NO. 14- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL DISTRICT (A) AND RURAL AGRICULTURAL DISTRICT WITHIN A SPECIAL TREATMENT OVERLAY (A-ST) TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT KNOWN AS RMC-ENCLAVE RPUD TO ALLOW CONSTRUCTION OF A MAXIMUM OF 114 SINGLE FAMILY OR MULTI-FAMILY DWELLING UNITS OR UP TO 350 GROUP HOUSING UNITS FOR SENIORS ON PROPERTY LOCATED IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 28.38±ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PETITION: PUDZ-PL20120001981I WHEREAS, Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., and John Passidomo, Esquire of Cheffy Passidomo, representing Enclave-Livingston, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Zoning Classification. The zoning classification of the herein described real property located in Section 13, Township 48 South, Range 25 East, Collier County, Florida is changed from a Rural Agricultural District (A) and Rural Agricultural District within a Special Treatment Overlay (A-ST) to a Residential Planned Unit Development (RPUD) zoning district for a 28.38 ± acre project to be known as the RMC-Enclave RPUD to allow construction of a maximum of 114 residential dwelling units or up to 350 group housing units for seniors in accordance with Exhibits "A" through "F" attached hereto and incorporated herein by reference. The appropriate zoning atlas map or maps, as described in Ordinance No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. RMC-Enclave RPUD\PUDZ-PL20120001981 Rev. 05/08/14 1 of 2 SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State, PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County,Florida,this day of ,2014. ATTEST: 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 B—Development Standards Exhibit C—Master Plan Exhibit D—Legal Description Exhibit E—Deviations Exhibit F—Developer Commitments CP1 I4-CPS-01286\13 RMC-Enclave RPU D\PUDZ-PL20120001981 Rev. 05/08/14 2 of 2 EXHIBIT A FOR RMC-ENCLAVE RPUD Regulations for development of the RMC - Enclave RPUD shall be in accordance with the contents of this RPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this RPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. PERMITTED USES: A maximum development intensity of 114 residential dwelling units or 350 units of group housing for seniors shall be permitted within the RPUD. The FAR shall govern group housing units. 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: MIXED USE: A. Principal Uses: 1. Group housing for seniors including assisted living, continuing care retirement communities, skilled nursing, memory care and independent living facilities at an FAR of up to 0.6 (See Exhibit A Item C, Operational Requirements for Group Housing and Exhibit E, Deviation#1);or 2. Residential Dwelling Units a. Single Family Residential, including detached, attached, zero lot line, two family and duplex; b. Townhouse; c. Multi-family Residential; 3. Any other use which is comparable in nature with the foregoing uses as determined by the Board of Zoning Appeals(BZA)or the hearing examiner. B. Accessory Uses: 1. Essential services as set forth under the Land Development Code (LDC) including but not limited to,gas lines,water lines,sewer lines,pump stations and wells. 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Garages and/or carports 5. Guardhouses,gatehouses,and access control structures. 6. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access RMC-Enclave RPUD Page 1 of 10 5/7/2014 ways, parking areas, and related uses, subject to the procedures for a temporary use permit provided in the LDC. 7. Landscape features including, but not limited to, landscape buffers, berms, fences and walls. 8. Accessory uses and structures customarily associated with group housing uses permitted in this RPUD, including recreational facilities, such as swimming pool, clubhouse,fitness center and maintenance facilities. 9. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses for this RPUD, as determined by the Board of Zoning Appeals(BZA)or the hearing examiner. C. Operational Requirements for Group Housing Group housing for seniors uses shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs.The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall have the option to be equipped to notify the community staff in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. PRESERVE A. Allowable Uses: RMC-Enclave RPUD Page 2 of 10 5/7/2014 Isok 1. Nature trails and boardwalks that do not reduce the amount of required preserve area to be retained. 2. Mitigation areas. 3. Passive Recreation areas,as per LDC requirements. 4. Water management and water management structures,as per LDC requirements. DEVELOPMENT STANDARDS Exhibits B sets forth the development standards for land uses within the RPUD. 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. Except as provided for herein,all criteria set forth in Exhibit B,shall be understood to be in relation to individual parcels or lot boundary lines. Condominium and/or residential dwelling unit boundary lines shall not be utilized for determining development standards. RMC-Enclave RPUD Page 3 of 10 5/7/2014 EXHIBITS FOR RMC- ENCLAVE RPUD DEVELOPMENT STANDARDS STANDARDS SINGLE SINGLE TOWNHOUSE TWO MULTI- GROUP FAMILY FAMILY FAMILY& FAMILY HOUSING DETACHED ZERO LOT DUPLEX LINE PRINCIPAL STRUCTURES Minimum Lot Area 5,000 SF 4,000 SF 1,600SF 1,600 SF 10,000 SF N/A I Minimum Lot Width 50 feet 40 feet 16 feet 16 feet 100 feet N/A Minimum Lot Depth 100 feet 100 feet 100 feet 100 feet N/A N/A Minimum Front Yard Setback 20feettll 20feettll 20 feet(ll 20 (I) 20 feet 20 feet Minimum Side Yard Setback 6 feet 0 feet(2) 0 feet 0 or 6 feet 15 feet 15 feet Minimum Rear Yard Setback 15 feet 15 feet 15 feet 15 feet 20 feet 20 feet Maximum Building Height Zoned 30 feet 30 feet 30 feet 30 feet 40 feet 65 feet(3) Actual 40 feet 40 feet 40 feet 40 feet 50 feet 75 feet Minimum Distance Between N/A N/A 12 feet 12 feet 20 feet or 20 feet or%_ Structures /2 BR BH Minimum Floor Area 1,250 SF 1,250 SF 1,250 SF 1,250 SF 1,000 SF N/A Minimum Preserve Setback 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet ACCESSORY STRUCTURES(4) Minimum Front Yard Setback 20 feet 20 feet 20 feet 20 feet 15 feet 15 feet Minimum Side Yard Setback 5 feet 0 feet 0 feet 0 feet 15 feet 15 feet Minimum Rear Yard Setback 10 feet 10 feet 10 feet 10 feet 15 feet 15 feet Minimum Preserve Setback 10 feet 10 feet 10 feet 10 feet 10 feet___ 10 feet Minimum Distance Between Structures 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet Maximum Building Height Zoned 25 feet 25 feet 25 feet 25 feet 35 feet 35 feet Actual 30 feet 30 feet 30 feet 30 feet 45 feet 45 feet BM:Building Height t 1 I Measured to edge of pavement or back of curb(single family front entry garages shall have 23' front setback), t27 Must be at least 10 feet between structures. (3)Any building exceeding a zoned height of 50 feet shall have a minimum setback of 50 feet from the}BUD boundary and a minimum setback of 200 feet from Livingston Road and Learning Lane. (4)Structures such as gate houses,walls and decorative architectural treatments shall have no setback from property line. RMC-Enclave RPUD Page 4 of 10 5/7/2014 Nmeri ......-e..n(ttTA�YTr.' .a.waµ•ww,•ron a...sw. a.n•..wvw`.o..,o�� tn0 WZZ O N 2W aFQ co }s{; '6 • tj Qn U> to "I�'a 1I q o WQ wLL� �¢z ■ " q F- jzu, woa wn / ;5i3' �F-7;—Mm[ R.- y H Q O z y�L 0 Z Z Q cp U• ZQW w0F WHO / eo go > z�W a~g �oa� NZ w – ~a0 zUgoO - �� > >00 a,0-1 OJ0z i" G;";;; � < O Wa o 00z znx F.,)_1 Q- .,., Ox W ZZ– ~ W72 F* L azz> %�wX 0 2 QO3 W -, vo oW t (2 QH U ./ '"Gj /W z to v / y U>- UXw0 92 z .0 i W2 QOx ,' H " W , 1, r¢ .•r m a�0 WW CO co / , "1..(V �� W ,'O ¢Q 1—tnQ agQQ% %F- Z Q a N Z N / 1 , tK o. 0 r.:1,-. Lit Z CI / ',, " /JI- 0i J 2 WQQ / , ,'l �, / , Q Q W W[Y ... E x� LL /' /' 'fr1' Id Q rt CO /, (f I ~f. 3 k Q Z wi. - n 0 j I _%' - ' /' 1I 8 co 1 ! f -- ----' _ ...':.::..4�:r- i", ,I CO 0 i LLJ G .�'1�_-- w iI Q = I's2 0 gy5 r^ LL 1I Z d U g • 1 yl �o O V=: 1 m ce OaW ct I� f 0 I I LL x Z ®4C I 3 a 11 O fY W ❑Q -. I �F I om en c >> w DN :g-t � ;i U I! a m OU? ' J 2W 1i ' R > z a I a gill Z I r 1 ' W(n @ l i - 11 �� !� o°' z ui ¢� �= j •. it V w z Oz I ON D co Iil Q I �. w U w 2 a s 11_ ` ,, z Q 1_r_=� a II ¢ to O ":-�-- %! o t O a it LC 0 i w� 1 r > II :'...141:".:.',.'.-. I Z w E2�. _,Y i F$ w D i N •::cn:;:..... ' a z it Q x ::t1i:::::::. W II4 k Z lil F O ¢a 1 ce —1 w {— 11.. C.)O Q Z w Z N <0> q� - ° w z �F_,co 1-o Z W z W O= ^ U 0 W a EXHIBIT D FOR RMC-ENCLAVE RPUD LEGAL DESCRIPTION (AS SURVEYED) A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13,TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13,TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA;THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION S 88°57' 15" W, A DISTANCE OF 663.15 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, N 00° 12' 35" W, A DISTANCE OF 1349.04 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER;THENCE ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER,N 89°02'31" E, A DISTANCE OF 1117.58 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 10°54'50",A RADIUS OF 2014.86 FEET,A CHORD BEARING AND DISTANCE OF S 10°35' 31" E, 383.22 FEET; THE SAME BEING A POINT ON THE BOUNDARY OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2615, PAGE 1246 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN ALONG SAID LANDS FOR THE FOLLOWING THREE(3)COURSES AND DISTANCES: I. THENCE IN A WESTERLY DIRECTION, WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 383.80 FEET TO THE END OF SAID CURVE; 2.THENCE S 73°57'05" W,A DISTANCE OF 32.50 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 08°31'38",A RADIUS OF 2047.36 FEET, A CHORD BEARING AND DISTANCE OF S 20° 18'44"E,304.42 FEET; 3. THENCE IN A WESTERLY DIRECTION, WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 304.70 FEET TO THE END OF SAID CURVE, THE SAME BEING A POINT ON THE NORTI-I LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4544,PAGE 561 OF SAID PUBLIC RECORDS;THENCE RUN ALONG SAID NORTH LINE S 88° 59' 06" W, A DISTANCE OF 596.51 FEET TO THE NORTHWEST CORNER OF SAID LANDS;THENCE RUN ALONG THE WEST LINE OF SAID LANDS S 00° 10'38" E,A DISTANCE OF 673.88 FEET TO THE POINT OF BEGINNING CONTAINING 28.38 ACRES MORE OR LESS. PER OFFICIAL RECORDS BOOK 4878,PAGE.1799 PARCEL 2(WEST ONE-HALF) THE WEST 1/2 OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PARCEL ID: 00151360000 PARCEL 3: THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA. LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPER'L'Y: THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 • SOUTH,RANGE 25 EAST,SITUATED AND LYING IN COLLIER COUNTY,FLORIDA, • • RMC-Enclave RPIJD Page 6 of 10 5/7/2014 AND LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: THE EAST 1/2 OF THE WEST 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA. PARCEL ID:00148520002 PARCEL 4: 1 HE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PARCEL ID:00151440616 PARCEL 5(WEST ONE-HALF): THE WEST 1/2 OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA. PER OFFICIAL RECORDS BOOK 4855,PAGE 2343 PARCEL 1: THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH,RANGE 25 EAST,SITUATED AND LYING IN COLLIER COUNTY,FLORIDA. LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA;THENCE RUN SOUTH 88 DEGREES 20 MINUTES 15 SECONDS WEST,ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 2650.16 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE RUN NORTH 00 DEGREES 36 MINUTES 50 SECONDS WEST,ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 2692.40 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 13;THENCE CONTINUE NORTH 00 DEGREES 36 MINUTES 50 SECONDS WEST, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 673.46 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN SOUTH 88 DEGREES 32 MINUTES 39 SECONDS WEST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 66.87 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY,WHOSE RADIUS POINT BEARS NORTH 64 DEGREES 58 MINUTES 04 SECONDS EAST, A DISTANCE OF 2047.36 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2047.36 FEET THROUGH A CENTRAL ANGLE OF 08 DEGREES 31 MINUTES 38 SECONDS,SUBTENDED BY A CHORD OF 304.42 FEET AT A BEARING OF NORTH 20 DEGREES 46 MINUTES 07 SECONDS WEST,FOR A DISTANCE OF 304.70 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH 73 DEGREES 29 MINUTES 42 SECONDS EAST FOR A DISTANCE OF 32.50 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS NORTH 73 DEGREES 29 MINUTES 42 SECONDS EAST, A DISTANCE OF 2014.86 FEET THEREFROM; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2014.86 FEET, THROUGH A CENTRAL ANGLE OF 10 DEGREES 54 MINUTES 47 SECONDS, SUBTENDED BY A CHORD OF 383.19 FEET AT A BEARING OF NORTH I I DEGREES 02 MINUTES 55 SECONDS WEST,FOR A DISTANCE OF 383.77 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF TI•IE NORTHWEST QUARTER OF SAID SECTION 13; THENCE RUN NORTH 88 DEGREES 35 MINUTES 26 SECONDS EAST,ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13,FOR A DISTANCE OF 209.92 FEET TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF TIME NORTHWEST RMC-Enclave RPUD Page 7 of 10 5/7/2014 QUARTER OF SAID SECTION 13;THENCE RUN SOUTH 00 DEGREES 36 MINUTES 50 SECONDS EAST,ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13 FOR A DISTANCE OF 673.46 FEET TO THE POINT OF BEGINNING. PARCEL 2(EAST ONE-HALF): THE EAST 1/2 OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA. PARCEL 5(EAST ONE-HALF): THE EAST 1/2 OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA. • • RMC-Enclave RPUD Page 8 of 10 5/7/2014 EXHIBIT E FOR RMC-ENCLAVE RPUD LIST OF REQUESTED DEVIATIONS 1. Deviation 1 seeks relief from LOC Section 5.05.04.D.1 which establishes a maximum FAR of 0.45 for group housing to permit a maximum FAR of 0.6. 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