CCPC Agenda 07/17/2014 R COLLIER COUNTY
PLANNING COMMISSION MEETING
AGENDA
JULY 17, 2014
AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, JULY 17, 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— June 5,2014,June 19,2014
6. BCC REPORT-RECAPS
7. CHAIRMAN'S REPORT
8. CONSENT AGENDA ITEMS
9. ADVERTISED PUBLIC HEARINGS
Note: This item has been continued from the June 5, 2014 CCPC meeting, then continued from the June
19`x, 2014 CCPC meeting:
A. 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 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,AICP,Principal Planner]
Page 1 of 2
Note: This item is continued to the August 7,2014 CCPC hearing.
B. PL20110002626/ CPSS-2012-1: An Ordinance of the Board of County Commissioners of Collier County,
Florida amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the
unincorporated area of Collier County, Florida, specifically amending the Golden Gate Area Master Plan
Element and Future Land Use Map and Map Series by establishing the Everglades-Randall Subdistrict
to allow a maximum of 20,000 square feet of church/place of worship and related uses, excluding church
related day-care use. The subject property is located at the northwest corner of Randall Boulevard and
Everglades Boulevard in Sections 19, 20,29 and 30, Township 48 South, Range 28 East, consisting of 7.80
acres; and furthermore, recommending transmittal of the amendment to the Florida Department of Economic
Opportunity; providing for severability and providing for an effective date. (Companion to CU-
PL20110002615.)[Coordinator:Michele Mosca,AICP,Principal Planner]
Note: This item is continued to the August 7,2014 CCPC hearing.
C. CU-PL20110002615: Resolution of the Board of Zoning Appeals of Collier County, Florida, providing for
the establishment of a Conditional Use to allow a church within an Estates zoning district pursuant to Section
2.03.01.B.1.c.1 of the Collier County Land Development Code for property located on the northwest corner
at the intersection of Everglades Boulevard and Randall Boulevard in Sections 19, 20, 29 and 30,
Township 48 South, Range 28 East, Collier County, Florida. (Companion to PL20110002626/CPSS-2012-1
Small Scale GMPA)[Coordinator:Nancy Gundlach,AICP,Principal Planner]
D. PUDZ-PL20130000682: Willow Run RPUD, 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 Zoning District (A), a Rural Agricultural Zoning
District with an ST Overlay (A-ST), a Rural Agricultural Zoning District with a Rural Fringe Mixed Use
Sending Lands Overlay and Natural Resource Protection Overlay (A-RFMUD-NRPA), and an Agricultural
Zoning District with a Rural Fringe Mixed Use Sending Lands Overlay and Special Treatment Overlay and
Natural Resource Protection Area Overlay(A-RFMUD-ST-NRPA)to a Residential Planned Unit Development
(RPUD)Zoning District to allow up to 590 dwelling units for a project to be known as the Willow Run RPUD
on property located at 9220 Collier Boulevard in Sections 11, 12, 13 and 14, Township 50 South, Range 26
East, Collier County, Florida consisting of 559± acres; and by providing an effective date. [Coordinator: Kay
Deselem,AICP,Principal Planner]
10. OLD BUSINESS
11. NEW BUSINESS
12. ADJOURN
CCPC Agenda/Ray Bellows/jmp
Page 2 of 2
AGENDA ITEM 9-D
Co er County
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING SERVICES—PLANNING&ZONING DEPARTMENT
GROWTH MANAGEMENT DIVISION--PLANNING®ULATION
HEARING DATE: JULY 17, 2014
SUBJECT: PUDZ-PL20130000682; WILLOW RUN RPUD
PROPERTY OWNER&APPLICANT/AGENT:
Applicant/Petitioner Owners:
Joseph D. Bonness III,trustee Joseph D. Bonness III,trustee Winchester Lakes Corporation
for Willow Run Land Trust for Willow Run Land Trust Joseph D. Bonness III,president
1910 Seward Ave 1910 Seward Ave 1910 Seward Ave.
Naples,FL 34109 Naples,FL 34109 Naples FL 34109
Contract Purchaser: Agent:
Kitson&Partners Communities Acquisitions,LLC Wayne Arnold,AICP
4500 PGA Blvd., Suite 400 Q. Grady Minor&Associates
Palm Beach Gardens,FL 33418 3800 Via Del Rey
Bonita Springs,FL 34134
REQUESTED ACTION:
The petitioner is asking the Collier County Planning Commission (CCPC) to consider an
application for a rezone from a Rural Agricultural Zoning District (A), a Rural Agricultural
Zoning District with an ST Overlay (A-ST), a Rural Agricultural Zoning District with a Rural
Fringe Mixed Use Sending Lands Overlay and Natural Resource Protection Overlay (A-RFMUD-
NRPA), and an Agricultural Zoning District with a Rural Fringe Mixed Use Sending Lands
Overlay and Special Treatment Overlay and Natural Resource Protection Area Overlay (A-
RFMUD-ST-NRPA)to a Residential Planned Unit Development(RPUD) Zoning District to allow
up 590 dwelling units for a project to be known as the Willow Run RPUD. For details about the
project proposal,refer to"Purpose/Description of Project."
PUDZ-PL20130000682;WILLOW RUN RID Page 1 of 22
July 17,2014 CCPC
Revised: 7/7/14
GEOGRAPHIC LOCATION:
The subject property, consisting of 559± acres, is located on the east side of Collier Boulevard
north of Rattlesnake Hammock Road, at 9220 Collier Boulevard in Sections 11, 12, 13 and 14,
Township 50 South, Range 26 East, Collier County, Florida (See location map on the following
page.)
PURPOSE/DESCRIPTION OF PROJECT:
The applicant's agent provided the following summary of the petition:
The PUD rezone proposes to permit a variety of residential dwelling unit types and
accessory uses on 560±acres to allow a maximum of 590 dwelling units. A conceptual
PUD master plan has been developed which depicts the location of the residential
development tracts, lakes, and preserves. The site is currently zoned A, Rural
Agricultural and has been operating as an earth mine with an asphaltic batch plant
since the mid-1980's via conditional use approvals The Willow Run RPUD master
plan identifies preserves, recreational amenity area, lakes and buffers.
The Master Plan shows one access point onto Collier Boulevard and no interconnections to the
north, east or south due to the location of preserve areas. The applicant is seeking approval of
eleven deviations(see deviation discussion for more detail.)
SURROUNDING LAND USE AND ZONING:
North: San Marino PUD, a partially developed project; Forest Glen of Naples PUD, a
developed residential golf course community; and A(RFMUO),undeveloped
East: undeveloped lands and Swamp Buggy Grounds, with zoning designations of
Hacienda Lakes DRI/PUD,A(RFMUO& ST) and NRPA
South: undeveloped lands zoned A,Hacienda Lakes DRIPUD,A(RFMUO & ST),NRPA
West: undeveloped land and Swamp Buggy Grounds with zoning designations of A and
Hacienda Lakes DRI/PUD
PUDZ-PL20130000682;WILLOW RUN PUD Page 2 of 22
July 17,2014 CCPC
Revised: 7/7/14
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GROWTH MANAGEMENT PLAN(GMP) CONSISTENCY:
Future Land Use Element (FLUE): A portion of the subject property is designated Urban,
Urban Mixed Use District,Urban Residential Fringe Subdistrict, and a portion is designated Rural
Fringe Mixed Use District (RFMUD) Sending Lands and within the Belle Meade Natural
Resources Protection Area (NRPA) Overlay, 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).
The Urban Residential Fringe Subdistrict allows uses that include: residential development
(variety of unit types), including associated accessory recreational uses, and, recreation and open
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space uses— the uses proposed in this PUD; and, allows residential density at a maximum of 1.5
dwelling units per acre (DU/A),unless Transfer of Development Rights(TDR)Credits are utilized
(from RFMUD Sending Lands within one mile of the Urban boundary), in which case the
maximum density allowed is 2.5 DU/A. There is also a provision to allow Density Blending —
shifting of density into the RFMUD Sending Lands.
The Urban Residential Fringe portion of the site is eligible for 593 DUs without use of TDR
Credits(395 acres X 1.5 DU/A=592.5 4 593 DUs). The applicant indicates TDR credits will not
be used. As discussed further below, the RFMUD Sending Lands portion of the site retains 3 DU
rights. This PUD proposes a maximum of 590 DUs.
The Urban Residential Fringe Subdistrict also states: "All rezones are encouraged to be in the
form of a planned unit development. Proposed development in the Subdistrict shall be fully
responsible for all necessary water management improvements, including the routing of all on-site
and appropriate of site water through the project's water management system, and a fair share
cost of necessary improvements to the CR 951 canal/out-fall system made necessary by new
development in the Subdistrict." This project is submitted as a PUD; Comprehensive Planning
staff defers to Engineering Plans Review staff for water management review.
The RFMUD Sending Lands designation allows a restricted list of uses, including habitat
preservation and conservation uses, and 1 DU/40 acres (0.025 DU/A); allows TDR Credits to be
severed and transferred at a ratio of 1 DU/5 acres (for the base TDR Credit, and each of three
bonus TDR Credits, yielding a maximum severance of 4 TDR Credits/5 acres); allows partial
residential development rights to be retained(e.g. for a 40-acre parcel, 7 base TDR Credits could
be severed and 1 DU right retained such that 1 DU could still be built on that 40-acre parcel);
further restricts land uses once TDR Credits have been severed; requires an appropriate legal
instrument to be recorded in public records once TDR Credits have been severed, to include
stating the remaining allowable uses on the property; and,prohibits provision of central water and
sewer. These same provisions are included in the RFMU Sending Lands zoning overlay in LDC
Sec. 2.03.08A.4.; that LDC Section also provides for a minimum lot area of 40 acres and
minimum lot width of 300 feet.
The PUD Master Plan identifies the RFMUD Sending Lands portion of the site mostly as
Preserve; two areas are [existing] Lakes; and, one small area is R, Residential Development that
includes a road segment and development area.
Three tax parcels comprise the RFMUD Sending Lands portion of the site. TDR Credits have
been severed from all three parcels (per County records); the northerly parcel - Preserve on the
PUD Master Plan - retained 0 DU rights, the middle parcel — Residential, Lake and Preserve on
the PUD Master Plan - retained 2 DU rights (2 DUs may be built on the site, but not clustered),
and the southerly parcel—Lake and Preserve on the PUD Master Plan-retained 1 DU right(1 DU
may be built). A limitation of development rights agreement has been recorded on the property to
limit development to that under LDC Sec.2.03.08.A.4.b.,Uses Allowed Where TDR Credits Have
Been Severed; also, a conservation easement has been recorded over these Sending Lands.
However,the applicable Density Blending provision may still be utilized.
For properties that straddle the URF and RFMUD designations, the FLUE includes a density
blending provision; the applicant indicates the project "may, but is not required to, utilize" this
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provision. However, it is only via use of density blending that density may be "transferred" from
Urban Residential Fringe lands to RFMUD Sending Lands, and clustered. Otherwise, Sending
Lands are limited to 1 DU/40 acres and cannot be clustered. As the proposed PUD does not
include Sending Lands development standards for the Sending Lands portion of the PUD, which
includes a residential area, and as the agent and owner in prior meeting with staff indicated the
desire to be able to place density in that residential area, the PUD must use density blending. The
PUD Exhibit "A" needs to be revised to reflect this. The density blending provision is as follows
(FLUE text is followed by staff analysis/comment in [bold text]):
5. Density Blending:
This provision is intended to encourage unified plans of development and to preserve
wetlands, wildlife habitat, and other natural features that exist within properties that straddle
the Urban Mixed Use and Rural Fringe Mixed Use Districts or that straddle Receiving and
Neutral Lands within the Rural Fringe Mixed Use District. In the case of such properties,
which were in existence and under unified control (owned, or under contract to purchase, by
the applicant(s)) as of June 19, 2002, the allowable gross density for such properties in
aggregate may be distributed throughout the project, regardless of whether or not the density
allowable for a portion of the project exceeds that which is otherwise permitted, when the
following conditions are met:
2. Density Blending Conditions and Limitations for Properties Straddling the Urban
Residential Fringe Sub-District and Rural Fringe Mixed Use District Sending lands:
(a) The project must straddle the Urban Residential Fringe Sub-District and the Rural
Fringe Mixed Use District Sending Lands; [The subject property does straddles this
boundary.]
(b) The project in aggregate must be a minimum of 400 acres; [The total site is +559
acres.]
(c) At least 25% of the project must be located within the Urban Residential Fringe
Sub-District; [Approximately 71% of the project is within the URF (395 acres in
URF/559 acres total).]
(d) The project must extend central water and wastewater treatment facilities (from the
urban designated portion of the project) to serve the entire project, unless alternative
interim water and wastewater treatment provisions are authorized by Collier County;
[County water and wastewater serves this site.]
(e) The Project is currently zoned or will be zoned PUD; [This project is submitted as a
PUD.]
(f) The density to be shifted to the Sending Lands from the Urban Residential Fringe is to
be located on impacted or disturbed lands, or it is demonstrated that the development
on the site is to be located so as to preserve and protect the highest quality native
vegetation and/or habitat on-site and to maximize the connectivity of such native
vegetation and/or wildlife habitat with adjacent preservation and/or habitat areas;
[Review of the aerial of the site appears to indicate development proposed for the
RFMUD Sending Lands portion of the site is disturbed (cleared); however,
Comprehensive Planning staff defers determination of consistency with this
criterion to Environmental Planning staff.]
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(g) Native vegetation shall be preserved as follows: [Comprehensive Planning staff
defers determination of consistency with this criterion to Environmental Planning
staff.]
(1) The Urban portion of the project shall comply with the native vegetation
requirements identified in the Conservation and Coastal Management Element (for
Urban designated lands), or in the case of projects where the native vegetation
requirement for the Sending Lands portion of the project is the maximum required
60 percent of the total Sending Land area, in order to promote greater preservation
of the highest quality wetlands and listed species habitat, the required native
vegetation for the Urban portion of the project may be shifted by providing native
vegetation preservation in the Sending Lands portion of the project exceeding the
60% maximum preservation requirement as set forth in subsection (2) below. The
ratio for such native vegetation preservation shall be two acres of Sending Lands
(exceeding the 60% maximum preservation requirement)for each acre below the
required amount of native vegetation for the Urban portion of the project. In no
instance shall less than 10 percent of the required amount of native vegetation be
retained in the Urban portion of the project. Significant Archeological Sites
identified by the State of Florida Division of Historic Resources shall be preserved
and cannot be mitigated for.
(2) For those lands within the project designated as Sending, the native vegetation
preservation requirement shall be 90% of the native vegetation, not to exceed 60%
of the total project area designated as Sending, unless the provisions found in
subsection(1)above are met.
(3) Wetland areas that are impacted through the development process, but which result
in enhanced wetland function, including habitat and/or flowways, shall be
considered as part of the native vegetation requirement set forth in this provision
and shall not be considered as impacted areas. These wetland areas and/or
flowways may be used for water storage provided that the water discharged in these
areas is pre-treated.
(h) Permitted uses for density blending under this provision include residential
development and associated amenities, including golf courses meeting the criteria for
golf courses within the Neutral area. This provision is not intended to eliminate any
uses permitted within the applicable underlying land use designation. [The proposed
PUD allows residential uses, associated recreational uses, and open space — all
allowed under the FLUM designations.]
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
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violating intersection spacing requirements of the Land Development Code. [Exhibit C, PUD
Master Plan, depicts direct access to Collier Boulevard (CR 951), classified as an arterial
road in the Transportation Element.]
Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce
vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals.
[Exhibit C,PUD Master Plan, depicts one loop road, and internal access for all development
areas.]
Policy 7.3: All new and existing developments shall be encouraged to connect their local streets
and/or interconnection points with adjoining neighborhoods or other developments regardless of
land use type. The interconnection of local streets between developments is also addressed in
Policy 9.3 of the Transportation Element. [Cursory review suggests interconnections could be
provided to the north (San Marino PUD) and south (Hacienda Lakes PUD and A-zoned
lands). Exhibit C,PUD Master Plan, identifies a "potential interconnect" to the north and to
the south,and these are also listed in Exhibit F,List of Developer Commitments,#2.C.]
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 allows typical community uses such
as a clubhouse which are sometimes used for civic purposes, e.g. polling place. Though the
amount of open space required and provided is not indicated, Exhibits C, PUD Master Plan,
and F, List of Developer Commitments, identify the required preserve is 149 acres whereas
210 acres (over 1/3 of the site) are provided; large lakes are shown on Exhibit C; the PUD
allows typical accessory recreation uses, e.g. community clubhouse, tennis courts, swimming
pool, etc.; and, yards will be provided around buildings and structures. Exhibit E, List of
Requested Deviations, #1, provides that sidewalks will be provided on both sides of local
streets except "on one side of the street only for streets with homes on one side of the
street"); this is a common deviation request and one which Comprehensive Planning staff
does not object.]
Based upon the above analysis,the proposed PUD may be deemed consistent with the Future
Land Use Element.
Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic
Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient
capacity to accommodate this 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 found
this project to be consistent with the Conservation & Coastal Management Element (CCME).
Please note that the Density blending provision in section B.5.2. of the Future Land Use Element
is being used. This requires, "For those lands within the project designated as Sending, the native
vegetation preservation requirement shall be 90% of the native vegetation, not to exceed 60% of
the total project area designated as Sending"(FLUE,pg. 52).
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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 fording 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
as the "PUD Findings"), and Subsection 10.02.08.F, Nature of Requirements of Planning
Commission Report(referred to as "Rezone Findings"), which establish the legal bases to support
the CCPC's recommendation. The CCPC uses these same criteria as the bases for their
recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to
support its action on the rezoning or amendment request. An evaluation relative to these
subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff
offers the following analyses:
Environmental Review: Environmental Services staff has reviewed the petition and the PUD
document to address environmental concerns. The PUD Master Plan provides 210 acres of
Preserve,which exceeds the minimum requirement of 149.19 acres.
This project does require Environmental Advisory Council (EAC) review, as this project meets
the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier
County Codes of Laws and Ordinances. Specifically,the project contains RFMU District Sending
Lands. Please refer to the Environmental Impact Statement for further details regarding the
environmental review.
Transportation Review: Transportation Division staff has reviewed the petition and the PUD
document and Master Plan 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. The access location for this development may allow for a traffic signal, for which the
developer will be required to contribute a proportionate share toward the installation if warrants
are met.
Additional stipulation not addressed by the [modified] Developer Commitments: As a stipulation
of approval, Staff is requesting that the developer commit to provide reimbursement to the County
to maintain the"convenience"signal benefitting this private development.
In addition to that stipulation, staff requests that the CCPC include the following stipulations in
any recommendation for approval:
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1. The developer or his successors shall reserve 120 feet of land for right-of-way within the
easterly 400 feet, north to south across the subject site;
2. The developer or his successors shall provide disclosure to residents that a four-lane
roadway could be located in proximity to the homes within this project; and
3. The developer or his successor shall at no cost to Collier County, accept stormwater from
the Benfield Road (or whatever name this road has at the time) into this project's stormwater
management system.
Utilities Review: Utilities staff has asked that the following stipulation be included in any
approval:
Prior to its last phase of development, the Developer shall identify and provide an
interconnection stub-out to either Hacienda Lakes or San Marino PUD for water
distribution;plans shall be reviewed and approved by CCWSD at time of SDP or plat.
This commitment can be terminated by CCWSD if its staff determines that
interconnection at either property line is not possible.
The applicant is in agreement with the stipulation.
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.
As noted earlier in the staff report, the area to the north is partially developed with two residential
projects and an undeveloped agriculturally zoned tract. To the east, south and west, there are
undeveloped portions of the Hacienda Lakes DRI/PUD zoned project, that allowed a mixture of
residential, attraction (Swamp Buggy grounds), and commercial uses. Zoning staff is of the
opinion that this project will be compatible with and complementary to,the surrounding land uses.
Deviation Discussion:
The petitioner is seeking approval of ten deviations from the requirements of the LDC. The
deviations are 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
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
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standards by which flexibility may be accomplished, and while protecting the
public interest. . . .
Deviation #1 seeks relief from LDC Section 6.06.02.A.2, Sidewalks, Bike Lane and Pathway
Requirements, which requires sidewalks to be constructed on both sides of local streets, to allow
sidewalks on one side of the street only for streets with homes on one side of the street.
Petitioner's Rationale: The applicant states in his justification for this deviation the following:
Providing a sidewalk on both sides of a private street where homes are provided on a
single side of the street is unnecessary in order to provide safe pedestrian access within
the community. This is consistent with the direction Transportation Planning Staff has
been discussing with regard to future LDC revisions.
Staff Analysis and Recommendation: Staff can support this deviation, subject to the stipulation
that the developer provide 1 canopy tree(or canopy tree equivalent)per 30 linear feet of sidewalk.
Canopy trees located within 10 feet of the sidewalk may count towards a sidewalk canopy tree.
This stipulation shall serve to assist in the implementation of LDC Section 4.06.01.A. f and g and
B.2.h and i of the landscape and buffering requirements that states:
Improve environmental quality by reducing and reversing air, noise, heat and chemical
pollution through the preservation of canopy trees and the creation of shade and microclimate;
and
Reduce heat gain in or on buildings or paved areas through the filtering capacity of
trees and vegetation.
The trees shall be those identified in 4.06.05.1) 1 & 2. These additional trees should provide a
needed enhancement for the sidewalk on one side of the road and make using it a more pleasing
experience.
Zoning and Land Development Review staff recommends APPROVAL of this deviation with the
stipulation noted above, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner
has demonstrated that "the element may be waived without a detrimental effect on the health,
safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has
demonstrated that the deviation is "justified as meeting public purposes to a degree at least
equivalent to literal application of such regulations."
Deviation #2 seeks relief from LDC Section 6.06.01.N, Street System Requirements and Appendix
B, Typical Street Sections and Right-of-Way Design Standards, which establishes a 60 foot wide
local road to allow a minimum 40' wide local road. See Exhibit E-1,Private Road Cross Section.
Petitioner's Rationale: The applicant states in his justification for this deviation the following:
The proposed 40'wide private road ROW is sufficiently wide to accommodate the required
roadway improvements. Utilities and sidewalks can be placed within easements outside
the private ROW. The site has some areas where physical constraints will limit the ability
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to provide a standard 60'ROW for a local road. The internal project roads will be private
and the standard public ROW is not necessary for internal traffic volumes.
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."
Deviation#3 seeks relief from LDC Section 6.06.01.J,Street System Requirements,which limits cul-
de-sacs to a maximum length of 1,000 feet to permit cul-de-sacs to be a maximum of 3,500 feet in
length with placement of no through traffic signage.
Petitioner's Rationale: The applicant states in his justification for this deviation the following:
The proposed residential development tracts due to their separation by existing lake areas
and other geographic factors, require access via cul-de-sacs. The 1,000'length will need to
be exceeded in order to gain adequate vehicular access to all development areas within the
PUD. The cul-de-sacs can be identified with appropriate signage indicating that the roads
are not through streets.
Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is
approved but staff believes it would be appropriate to place a turn-around at a least one strategic
location since the proposed cul-de-sac length far exceeds the allowable 1,000 feet.
Zoning and Land Development Review staff recommends APPROVAL of this deviation with the
stipulation that the developer place a turn-around at 1,500 feet that can accommodate emergency
and waste management sized vehicles, finding that, in compliance with LDC Section
10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a
detrimental effect on the health, safety and welfare of the community," and LDC Section
10.02.13.B.5.h, the petitioner has demonstrated that the deviation is `justified as meeting public
purposes to a degree at least equivalent to literal application of such regulations."
Deviation #4 seeks relief from LDC Section 4.06.02, Buffer Requirements, which requires a
fifteen foot type `B" landscape buffer between single family and multi-family residential uses to
allow no landscape buffer.
Petitioner's Rationale: The applicant states in his justification for this deviation the following:
This deviation from the standard landscape buffer requirements is justified due to the
presence of recorded preservation areas located adjacent to proposed residential
development tracts within the PUD along a portion of the north and west property line. To
the west, the residential tract is separated from the adjacent San Marino PUD residential
development area by a 170' wide FPL easement and their recorded native vegetation
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preserve area. Providing the required buffer in these described conditions is not necessary
to insure proper separation of land uses or for compatibility.
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 for those only those areas described above, finding that, in compliance with LDC
Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a
detrimental effect on the health, safety and welfare of the community," and LDC Section
10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public
purposes to a degree at least equivalent to literal application of such regulations."
Deviation#5 seeks relief from LDC Section 5.03.02.C,Fences and Walls,which permits a maximum
wall height of 6' in residential zoning districts. The requested deviation is to allow a maximum wall
height of 8' throughout the development, and a 12' tall wall, berm, or combination wall/berm along
Collier Blvd. frontage.
Petitioner's Rationale: The applicant states in his justification for this deviation the following:
The proposed deviation will allow for additional visual screening and mitigation of noise pollution
resulting from traffic along CR 951, a 6-lane divided arterial roadway. Additionally, the project
ground elevation will be altered to accommodate a new bridge structure making it necessary to
obtain additional height for the wall along Collier Boulevard. The wall will be landscaped on the
Collier Boulevard facing side. Approval of this deviation will serve to promote public health, safety
and welfare, as well as enhance the aesthetic appeal of the proposed community and the Collier
Boulevard corridor.
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 for those only those areas described above, finding that, in compliance with LDC
Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a
detrimental effect on the health, safety and welfare of the community," and LDC Section
10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public
purposes to a degree at least equivalent to literal application of such regulations."
Deviation #6 seeks relief from LDC Section 5.04.04.13.5, Model Homes and Model Sales Centers,
which permits a maximum of five(5)model homes,or a number corresponding to ten(10)percent of
the total number of platted lots,whichever is less,per platted approved development prior to final plat
approval. The requested deviation is to allow for a maximum of four (4) model homes per
development tract,not to exceed 20 model homes within the overall RPUD.
Petitioner's Rationale: The applicant states in his justification for this deviation the following:
The RP UD proposes a variety of product types to accommodate various demographics and
income levels. Due to the size of the project, the phased nature of the development, and the
variety of dwelling types proposed, the Applicant is seeking an additional model home
allowance to ensure the community is properly marketed to prospective buyers. The
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proposed deviation provides the County with the necessary safeguards to ensure an excess
of model homes are not constructed Therefore,public health, safety and welfare will not be
negatively impacted upon approval of this deviation.
Staff Analysis and Recommendation: Due to the size of the project, staff agrees that some
allowance can be made to allow additional model units. Hacienda Lakes PUD, which was
approved for over 1,700 residential units received deviation approval to allow up to 60 model
homes. Bent Creek Preserve PUD received approval to allow 15 model homes for 450 dwelling
units. With this project's proposed number of units (590), allowing a maximum of 20 models
seems appropriate therefore; staff concurs with the applicant's assessment of the situation for this
particular project. Staff sees no detrimental effect if this deviation request is accommodated.
However, the developer should provide documentation at each building permit requested for a
model home stating how many models are in operation to ensure the total of 20 is not exceeded.
This stipulation is included in staff's 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."
Deviation #7 seeks relief from LDC Section 5.04.06.A.3.e, Temporary Signs, which allows
temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height. The
requested deviation is to allow a temporary sign or banner up to a maximum of 32 square feet in area
and a maximum of 8 feet in height. The temporary sign or banner shall be limited to 28 days per
calendar year.
Petitioner's Rationale: The applicant states in his justification for this deviation the following:
Due to the property's substantial setback from Collier Boulevard, as well as the high travel
speeds along the roadway, the Applicant is seeking an increase to the allowable banner size
to ensure visibility of this new community. The requested banner size is in accordance with
deviations approved for similar residential projects throughout the County.
This same deviation was approved for Naples View PUD, which is an 11-acre, 66-unit residential
project on Airport Pulling Road. That project, like this one, has approximately 400 feet of
frontage on the roadway providing access to the project. Both roadways are busy arterial
roadways, thus staff sees the need to temporarily bring attention to this new project. The
temporary sign would need to conform to all other requirements for temporary uses and signage.
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,"
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and LDC Section 10.02.13.B.5.h,the petitioner has demonstrated that the deviation is`justified as
meeting public purposes to a degree at least equivalent to literal application of such regulations."
Deviation #8 seeks relief from LDC Section 5.06.02.B.2, Development Standards for Signs within
Residential Districts, which permits one (1) real estate sign per street frontage that is setback a
minimum of 10' from any property line. The requested deviation is to allow for a maximum of one
(1) real estate sign on the Collier Blvd. frontage, to be setback a minimum of 5' from the property
line.
Petitioner's Rationale: The applicant states in his justification for this deviation the following:
The property line is set back approximately 100 feet from Collier Blvd. a six (6) lane
arterial roadway. Due to the setback and the high travel speeds along the road, the
Applicant is seeking a reduction to the setback in order to ensure visibility of this new
community.
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."
Deviation #9 seeks relief from LDC Section 5.06.02.B.5, Development Standards for Signs within
Residential Districts, which requires on-premise directional signs to be setback a minimum of 10'
from internal property lines. The requested deviation is to allow for on-premise direction signage to
be setback a minimum of 5' from internal property lines. This deviation does not apply to property
adjacent to Collier Blvd.
Petitioner's Rationale: The applicant states in his justification for this deviation the following:
This deviation will allow for the development of appropriate directional signage internal to
the RPUD. A unified design theme will be utilized for all signage throughout the community,
thereby ensuring a cohesive appearance and increased aesthetic appeal. Furthermore, this
deviation is typical of many of the large-scale master planned developments throughout
Collier County.
The proposed community will be master planned with a unified, cohesive signage theme.
The reduced setback will allow for flexibility of signage placement, while ensuring public
health, safety and welfare is protected.
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,"
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and LDC Section 10.02.13.B.5.h,the petitioner has demonstrated that the deviation is "justified as
meeting public purposes to a degree at least equivalent to literal application of such regulations."
Deviation#10 seeks relief from LDC Section 5.06.02.B.6, Development Standards for Signs within
Residential Districts, which permits two (2) ground signs per entrance to the development with a
maximum height of 8' and total sign area of 64 s.f. per sign. The requested deviation is to allow for
two(2)ground signs per project entrance with a maximum height of 10' and total sign area of 80 s.f.
per sign face.
Petitioner's Rationale: The applicant states in his justification for this deviation the following:
The subject property is accessed via an arterial roadway with high travel speeds.
Additionally, the property has a significant street setback due to the location of the canal
along the property's frontage. Due to the setback from southbound travel lanes and the
property's location along an arterial road, the Applicant is seeking an increase to allowable
entry signage height and area to ensure visibility of the community. This deviation request is
similar to previous requests approved for large master planned communities within Collier
County. The required setback from rights-of-way for entry signs will meet LDC standards,
thereby ensuring public, health, safety and welfare is protected.
Staff sees no detrimental effect if this deviation request is approved, with the stipulations that
these signs shall be limited to only the Willow Run entrance on Collier Boulevard, and that the
"per sign"language is removed as shown below:
Deviation #10 seeks relief from LDC Section 5.06.02.B.6, Development Standards for
Signs within Residential Districts, which permits two (2)ground signs per entrance to the
development with a maximum height of 8'and total sign area of 64 s.f.per-sign.
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
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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
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
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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.
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 several deviations to allow design flexibility in compliance with the
purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This
criterion requires an evaluation of the extent to which development standards and deviations
proposed for this PUD depart from development standards that would be required for the
most similar conventional zoning district. Staff believes the deviations can be supported,
some with stipulations, 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.
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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.
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;
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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
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,
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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.
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 (NIM):
The agents conducted a duly noticed NIM on December 12, 2013. Please see attached copy of notes.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office reviewed the staff report for this petition on June 25,2014.
RECOMMENDATION:
Zoning Services staff recommends that the Collier County Planning Commission forward Petition
PUDZ-PL20130000682 to the BCC with a recommendation of approval subject to the following
stipulations:
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1. Deviation #1 is recommended for approval subject to the stipulation that the developer
provide 1 canopy tree (or canopy tree equivalent) per 30 linear feet of sidewalk. Canopy trees
located within 10 feet of the sidewalk may count towards a sidewalk canopy tree;
2. Deviation #3 is recommended for approval subject to the stipulation that the developer
place a turn-around at 1,500 feet that can accommodate emergency and waste management sized
vehicles;and
3. Deviation #6 is recommended for approval subject to the stipulation that the PUD
document be revised to include the following requirement: As part of the application material for
every building permit for a model home, the developer shall provide documentation stating how
many model homes are in existence so that the maximum of twenty (20) model homes is not
exceeded.
4.Deviation#10 is approved subject to the following stipulations:
a) These signs shall be limited to only the Willow Run entrance on Collier Boulevard,
and
b) The"per sign"language is removed.
5. The developer shall revise the PUD commitments to provide for reimbursement to the
County to maintain the"convenience"signal benefitting this private development.
6. Prior to its last phase of development, the Developer shall identify and provide an
interconnection stub-out to either Hacienda Lakes or San Marino PUD for water distribution;
plans shall be reviewed and approved by CCWSD at time of SDP or plat. This commitment can be
terminated by CCWSD if its staff determines that interconnection at either property line is not
possible.
7. The owner or his successors shall reserve 120 feet of land for road right-of-way within the
easterly 4000 feet,north to south across the PUD.
8. The developer or his successors shall provide disclosure to residents that a four-lane public
roadway is planned within the easterly 400 feet of this PUD and it could be located in proximity to
the homes within this PUD.
9. The owner of his successor shall, at no cost to Collier County, accept stormwater from the
proposed Benfield Road Corridor into the PUD's stormwater management system.
PUDZ-PL20130000682;WILLOW RUN PUD Page 21 of 22
July 17,2014 CCPC
Revised: 7/7/14
PREPARED BY:bsia.,y, iplAtilt(t
KAY DEELEM,AICP, PRINCIPAL PLANNER DATE
DEPARTMENT OF PLANNING AND ZONING
REVIEWED BY:613e1L------ .47V(-74
RAYM 7271 D V. BELLOWS,ZONING MANAGER DATE
DEPARTMENT OF PLANNING AND ZONING
6 -2— ,y
MIKE BOSI,AICP,DIRECTOR DATE
DEPARTMENT OF PLANNING AND ZONING
APPROVED BY:
0 � o Z7 - 1N
JriiIri
N CI( AS ; 1G 4 _:A,AD ''ISTRATOR DATE
GROWTH MANA EMENT DIVISION
Attachment: NIM transcript
This petition will has been tentatively scheduled for a September 23, 2014 BCC hearing
PUDZ-PL20130000682;WILLOW RUN PUD Page 22 of 22
July 19,2014 CCPC
Revised: 6/20/14
Willow Run RPUD
Petition PL2013-0682
Neighborhood Information Meeting
December 12,2013, 5:30 p.m.
Wayne Arnold,representing Winchester Lakes Corporation and Willow Run Land Trust,
opened the meeting at 5:35 p.m. and introduced himself and Sharon Umpenhour with Q.
Grady Minor and Associates, P.A., Kay Deselem representing Collier County Growth
Management, Jim Banks from JMB Transportation Engineering, Joe Bonness and
Maureen Bonness as the property owners. Nine members from the public were in
attendance. A sign-in sheet was provided.
Mr. Arnold began the information meeting by explaining the current zoning and land use
and explained that this is a request to rezone the property from the earth mine to a
residential PUD for up to 684 dwelling units on 560±acres. Wayne proceeded to explain
the hearing process and the noticing requirements for the hearings. At this time no
nearing dates have been set: however, the Planning Commission likely will be in
February.
An aerial was displayed showing the location of the subject property and also a color
rendering of the conceptual Master Plan. Wayne described the different land uses and
showed the proposed and potential access points, preserve, residential and lake areas on
the conceptual Master Plan. Wayne also talked about the conservation easement that was
already in existence on the property and explained that the project was required to
preserve 25% of the native vegetation on site. The conceptual Master Plan shows
approximately 210+/-acres of preserve area.
Wayne also discussed the Benfield Road corridor shown on the conceptual Master Plan
and long range plans for the road that will parallel Collier Boulevard.
Wayne turned the meeting over to the members of the public for questions. The
following questions were asked.
Will the green area shown remain preserve forever?
The green area on the conceptual Master Plan is within a conservation easement
and will remain as preserve.
Do you see an impact or change to the waterflow or hydrology of the site or
surrounding areas?
The existing flow and hydrology will not change as a result of the proposed
development.
Any idea if the development of this project and Hacienda Lakes will have an impact
on the ability of 951 to handle the additional traffic?
There is available capacity, but as more parcels are developed the capacity will
diminish. The County is planning the Benfield Road extension for this reason,
Benfield Road will run parallel to Collier Boulevard and relieve traffic on Collier
Boulevard as more of the land is developed.
Are there any plans for sewer plant expansion or additional plants in this area?
No,at this time the County has no plans to expand in this area.
How does this development differentiate from other developments?
At this time there is not a specific developer,but the size of the preserve and lakes
will make it a unique community.
Will there be a marina or boat docks on the lakes?
There will be provisions for small boats on the lakes.
What about commercial,is there any proposed?
No, this is proposed for residential uses and does not propose any general
commercial uses.
How many total units are proposed?
A maximum of 684 dwelling units are proposed.
Mr. Arnold asked if there were any additional questions, there being none he closed the
meeting. The meeting was adjourned at approximately 5:50 p.m.
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
ZONING DISTRICT (A), A RURAL AGRICULTURAL ZONING
DISTRICT WITH AN ST OVERLAY (A-ST), A RURAL
AGRICULTURAL ZONING DISTRICT WITH A RURAL FRINGE
MIXED USE SENDING LANDS OVERLAY AND NATURAL
RESOURCE PROTECTION OVERLAY (A-RFMUD-NRI'A), AND AN
AGRICULTURAL ZONING DISTRICT WITH A RURAL FRINGE
MIXED USE SENDING LANDS OVERLAY AND SPECIAL
TREATMENT OVERLAY AND NATURAL RESOURCE PROTECTION
AREA OVERLAY (A-RFMUD-ST-NRPA) TO A RESIDENTIAL
PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO
ALLOW UP TO 590 DWELLING UNITS FOR A PROJECT TO BE
KNOWN AS THE WILLOW RUN RPUD ON PROPERTY LOCATEI)
AT 9220 COLLIER BOULEVARD IN SECTIONS 11, 12, 13 ANI) 14,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA CONSISTING OF 559± ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.(PUDZ-PL20130000682)
WHEREAS, D. Wayne Arnold of Q. Grady Minor and Associates, P.A., representing
Joseph D. Bonness, ITT, as Trustee for the Willow Run Land Trust, 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 Sections 11, 12,
13 and 14, Township 50 South, Range 26 East, Collier County, Florida is changed from a Rural
Agricultural Zoning District (A), a Rural Agricultural Zoning District with an ST Overlay (A-
ST), a Rural Agricultural Zoning District with a Rural Fringe Mixed Use Sending Lands Overlay
and Natural Resource Protection Overlay (A-RFMUD-NRPA), and an Agricultural Zoning
District with a Rural Fringe Mixed Use Sending Lands Overlay and Special Treatment Overlay
and Natural Resource Protection Area Overlay (A-RFMUD-ST-NRPA) to a Residential Planned
Unit Development (RPUD) Zoning District for a 559± acre parcel to be known as the Willow
WILLOW RUN RPUD- PUDZ-PL20130000682 Page I of 2
R .6/24114
Run RPUD in accordance with Exhibits A through F attached hereto and incorporated by
reference herein. The appropriate zoning atlas map or maps, as described in Ordinance No.
2004-41, as amended, the Collier County Land Development Code, is/are hereby amended
accordingly.
SECTION TWO: Effective Date.
This Ordinance shall become effective upon tiling 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:
I leidi Ashton-Cicko
Managing Assistant County Attorney
Attachments: Exhibit A— Permitted Uses
Exhibit B —Development Standards
Exhibit C—Master Plan(5 pages)
Exhibit D— Legal Description
Exhibit E—List of Requested Deviations
Exhibit E-1 —Private Road Cross Section Single and Double Loaded Development Tract
Exhibit I'—List of Developer Commitments
CP\13-cPs-0 I 25527
WILLOW RUN RPUD-PUDZ-PL20130000682 Page 2 of 2
Rev.6/24/14
EXHIBIT A
FOR
WILLOW RUN RPUD
Regulations for development of the Willow Run 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 of 590 dwelling units shall be permitted within the RPUD. 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:
RESIDENTIAL
A. Principal Uses:
1. Commercial excavation, asphalt and concrete batch plants (these uses shall
cease upon issuance of first certificate of occupancy). There shall be no blasting
for the commercial excavation after the first building permit is issued; however,
blasting required for residential development shall be permitted.
2. Dwelling Units - Multiple-family, single family attached, single family detached,
townhouse, two-family, duplex, variable lot line (single family) and zero lot line
(single family). (A variable lot line dwelling unit is a single family dwelling where
the side yards may vary between 0 and 10 feet as long as a 10-foot minimum
separation between principal structures is maintained.)
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")
or Hearing Examiner by the process outlined in the land Development Code
(LDC).
B. Accessory Uses:
1. Restaurants, cafes, snack bars and similar uses intended to serve residents and
guests.
2. Clubhouses, primarily to serve residents and their guests.
3. Community administrative facilities and similar uses intended to serve residents
and guests.
Willow Run RPUD PL20130000682 Page 1 of 18 Last Revised 6/24/2014
4. Community maintenance areas, maintenance buildings, irrigation water and
effluent storage tanks and ponds, utility pumping facilities and pump buildings,
utility and maintenance staff offices.
5. Guardhouses,gatehouses,and access control structures.
6. Model homes and model home centers including offices for project
administration, construction,sales and marketing.
7. Open space uses and structures such as, but not limited to, boardwalks, nature
trails, bikeways, community gardens, gazebos, boat and canoe docks, fishing
piers, picnic areas,fitness trails and shelters to serve residents and their guests.
8. Outdoor recreation facilities, such as a community swimming pool, tennis and
basketball courts, parks, playgrounds, pedestrian/bikeways, and passive and/or
active water features (private intended for use by the residents and their guests
only).
9. Retail establishments (pro shop) accessory to the permitted uses in the District
such as, but not limited to,tennis,and other recreational related sales.
10.Tennis clubs, health spas, fitness facilities and other indoor recreational uses
(private,intended for use by the residents and their guests only).
11. Tennis courts, swimming pools and all other types of accessory facilities intended
for outdoor recreation (private intended for use by the residents and their guests
only).
12. Accessory uses and structures customarily associated with the principal uses
permitted in this District, including but not limited to swimming pools, spas and
screen enclosures, and recreational facilities all designed to serve the residents
and their guests.
13. Essential services as described in Section 2.01.03 of the LDC.
14. Any other accessory use, which is comparable in nature with the foregoing uses
and consistent with the permitted accessory uses of this PUD as determined by
the Board of Zoning Appeals or Hearing Examiner.
PRESERVE
A. Principal Uses:
1. Native preserves.
B. Accessory Uses:
Willow Run RPUD PL20130000682 Page 2 of 18 Last Revised 6/24/2014
1. Water management.
2. Mitigation areas.
3. Hiking trails, boardwalks, shelters without walls, or other such facilities
constructed for the purposes of passage through or enjoyment of the site's
natural attributes,subject to approval by permitting agencies.
4. Any other conservation and related open space activity or use which is
comparable in nature with the foregoing uses and which the Board of Zoning
Appeals (BZA) or Hearing Examiner determines to be compatible in the Preserve
Area.
DEVELOPMENT STANDARDS:
Exhibit B sets forth the development standards for land uses within the RPUD Residential
Subdistrict. Standards not specifically set forth herein shall be those specified in applicable
sections of the LDC in effect as of the date of approval of the SDP or subdivision plat.
1. Community structures such as guardhouses, gatehouses, fences, walls, columns,
decorative architectural features, streetscape, passive parks and access control
structures shall have no required setback, except as listed below, and are permitted
throughout the "R" designated areas of the PUD; however such structures shall be
located such that they do not cause vehicular stacking into the road right-of-way or
create site distance issues for motorists and pedestrians.
Maximum Height
Zoned: 25'
Actual: 30'
Setbacks
PUD Boundary: 10', except fences or walls shall have no setback, except that
which is adequate to provide landscaping on the exterior side of the wall, if
required.
2. Amenity Centers, clubhouses, tennis courts, and other similar structures shall maintain
minimum setback of 25 feet from the external boundaries of the PUD within which a
type B landscape buffer shall be provided. However, any clubhouse structure greater
than 10,000 enclosed square feet shall maintain a minimum setback of 100 feet from
the external boundaries of the PUD. In any case, no setback is required adjacent to the
FPL easement areas or adjacent to the preserve area. All pole lighting shall be limited
to flat panel fixtures. Where a setback is required,any lighting fixture placed within:
(a) 50 feet of the external boundary shall be limited to 15 feet in height;
(b) 30 feet of the external boundary shall utilize full cut-off shields.
Willow Run RPUD P120130000682 Page 3 of 18 Last Revised 6/24/2014
Clubhouse(s) Maximum Height
Zoned: 70'
Actual: 75'
GROWTH MANAGEMENT PLAN:
This PUD qualifies for the Density Blending Conditions and Limitations for properties straddling
the Urban Residential Fringe Subdistrict and Rural Fringe Mixed Use District Sending Lands in
Section B.5.2 of the Density Rating System of the Future Land Use Element.
Willow Run RPUD PL20130000682 Page 4 of 18 Last Revised 6/24/2014
1
EXHIBIT B
FOR
WILLOW RUN RPUD
DEVELOPMENT STANDARDS
STANDARDS SINGLE TOWNHOUSE TWO FAMILY ZERO LOT LINE MULTI-FAMILY VARIABLE LOT
FAMILY AND DUPLEX FOR SINGLE LINE FOR
DETACHED FAMILY SINGLE
FAMILY
Minimum Lot Area 3,000 SF 1,350 SF 2,625 SF 3,000 SF N/A 3,000 SF
Minimum Lot Width*3 40 feet 18 feet 35 feet 40 feet N/A 40 feet
Minimum Lot Depth 75 feet 75 feet 75 feet 75 feet N/A 75 feet
Min.Front Yard Setback 20 feet*1,*2 20 feet*1,*2 20 feet*1,*2 20 feet*1,*2 20 feet*1,*2 20 feet*1.,*2
Min.Side Yard Setback S feet 0 or 5 feet 0 or 5 feet 0 feet*4 10 feet 0.10 feet*4
Min.Rear Yard Setback
Principal*1 10 feet 10 feet 10 feet 10 feet 15 feet 10 feet
Accessory•1 5 feet 5 feet 5 feet — 5 feet 10 feet 5 feet
Maximum Building
Height
Zoned 30 feet 45 feet 30 feet 30 feet 75 feet *7 30 feet
Actual 35 feet _ 50 feet 35 feet 35 feet 85 feet *7 _ 35 feet
Minimum Distance
Between Structures 10 feet 0/10 feet 0/10 feet 10 feet 20'for 10 feet
Principal Structures*5 buildings 2
stories or less
in height OR
Y:sum of the
building height
for buildings 3
stories or
greater in
height . --
Floor Area Min,(S.F.) 1500 SF 1000 SF 1000 SF 1000 SF 750 SF 1000 SF
Min.PUD Boundary 15 feet 15 feet 15 feet 15 feet 20 feet 15 feet
Setback
Min.Preserve Setback 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet
ACCESSORY STRUCTURES r'
Min.Front Yard Setback 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet _
Min,Side Yard Setback 5 feet 5 feet 5 feet*5 5 feet*5 0 feet*5 0 feet
Min.PUD Boundary T 15 feet 15 feet 15 feet 15 feet 15 feet 15 feet
Setback
Min.Preserve Setback 10 feet _ 10 feet 10 feet 30 feet 10 feet 10 feet
Minimum Distance lO feet 0/10 feet 0/10 feet 0/10 feet T 0/10 feet 0/10 feet
Between Structures
Maximum Height
Zoned SPS SPS SPS SPS 35 feet SPS
Actual SPS SPS SPS SPS 40 feet SPS
SPS-Same as Principal
Minimum lot areas for any unit type may be exceeded. The unit type,and not the minimum lot area,shall define the development
standards to be applied by the Growth Management Division during an application for a building permit.
'1-Front yards shall be measured as follows:
A. if the parcel is served by a public road right-of-way,setback is measured from the adjacent right-of-way line.
B. If the parcel is served by a private road,setback is measured from the back of curb(if curbed)or edge of pavement Of not
curbed).
C. If the parcel has road frontage on two sides,setback is measured from the side with the shortest frontage with the other
frontage designated as a side yard.
Willow Run RPUD PL20130000682 Page 5 of 18 Lost Revised 6/24/2014
'2—Front entry garages must be a minimum of 20',and a minimum of 23'from a sidewalk. The minimum 20'setback for a residence
may be reduced to 15'for a side-loaded or rear entry garage,subject to a minimum setback of 23'from a sidewalk, Porches,entry
features and roofed courtyards may be reduced to 15'.
'3—Minimum lot width may be reduced by 20%for cul-de-sac lots and 50%for flag lots provided the minimum lot area requirement is
maintained.
'4--Minimum separation between adjacent dwelling units,if detached,shall be 10'.
—Building distance may be reduced at garages to a minimum of 0'where attached garages are provided and a 10'minimum
separation is maintained,If detached.
`7—The building height shall be limited to a maximum zoned height of 50 feet and an actual height of 55 feet west of the FP&L
Easement.
Note:Nothing In this RPUD Document shall be deemed to approve a deviation from the LOC unless it Is expressly stated in Exhibit F,
Deviations.
Willow Run RPUD PL2O130000682 Page 6 of 18 Lost Revised 6/24/2014
1
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SIT:R PLAN
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SITE DATA
TOTAL SITE AREA: 559±AC
MAXIMUM DWELLING UNITS: 590
PRESERVES:
REQUIRED 149.19±AC
URBAN RESIDENTIAL FRINGE
114.83±AC NATIVE VEGETATION X 25%=28.71±AC
RFMU SENDING
133,87±AC NATIVE VEGETATION X 90%= 120.48±AC
PROVIDED 210±AC
URBAN RESIDENTIAL FRINGE = 76.13±AC
RFMU SENDING = 133.87±AC
NOTES
1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR
MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS.
2. ALL ACREAGES, EXCEPT PRESERVE AREAS, ARE APPROXIMATE
AND SUBJECT TO MODIFICATION AT THE TIME OF SDP OR PLAT
APPROVAL IN ACCORDANCE WITH THE LDC.
3. THE LOCATION OF THE FUTURE BENFIELD ROAD CORRIDOR IS
CONCEPTUAL AND SUBJECT TO MODIFICATION WITHIN THE RFMU
PORTION OF THE PROPERTY DUE TO THE BCC FINAL ROUTE
SELECTION AND DUE TO AGENCY PERMITTING REQUIREMENTS. •
DEVIATIONS
SEE EXHIBIT E, LIST OF REQUESTED DEVIATIONS
121:;;.,:. 1.4,)i)I I!K Its 7 • i 1 ,' )r V III ..— S I_
WILLOW RUN RPUD """
n ,:,lr:lre•.., :p'cf::.ui tla(I}x 11101 aIxl VI,04
EXHIBIT C
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EXHIBIT D
FOR
WILLOW RUN RPUD
LEGAL DESCRIPTION
A TRACT OF LAND LYING IN SECTIONS 11, 12, 13, AND 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHEAST CORNER OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST;
THENCE RUN SOUTH 00°45'13" WEST ALONG THE EAST LINE OF SAID SECTION 12, A DISTANCE OF
1,356.42 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER Of SECTION 12; THENCE LEAVING SAID EAST LINE, NORTH 87°47'32" EAST, A DISTANCE OF
1,318.80 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 12; THENCE RUN ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 12, SOUTH 00°40'50" WEST, A DISTANCE OF 1,353.60 FEET;
THENCE SOUTH 00°42'14" WEST, A DISTANCE OF 2,707,26 FEET TO A POINT ON THE NORTH LINE OF
SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE IN AND THROUGH SAID SECTION 13,
SOUTH 00°39'11" WEST, A DISTANCE OF 1,345.38 FEET TO THE SOUTHEAST CORNER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13;THENCE LEAVING SAID CORNER,
SOUTH 87°30'27"WEST,A DISTANCE OF 1,328,58 FEET TO THE EAST LINE OF SECTION 14,TOWNSHIP 50
SOUTH, RANGE 26 EAST; THENCE IN AND THROUGH SAID SECTION 14, SOUTH 87°28'53" WEST, A
DISTANCE OF 1,336.40 FEET; THENCE NORTH 00°47'15" EAST, A DISTANCE OF 671.38 FEET; THENCE
SOUTH 87°27'18" WEST, A DISTANCE OF 668.30 FEET; THENCE NORTH 00°47'46" EAST, A DISTANCE OF
671,09 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 11; THENCE ALONG SAID SOUTH LINE,
SOUTH 87°25'49" WEST, A DISTANCE OF 2,004.66 FEET, (PASSING OVER THE SOUTHEAST CORNER OF
THE SOUTHWEST QUARTER OF SAID SECTION 11 AT A DISTANCE OF 668.22 FEET)TO THE SOUTHWEST
CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 11; THENCE
LEAVING SAID SOUTH LINE OF SECTION 11, NORTH 00°50'07" EAST, A DISTANCE OF 1,371.71 FEET;
THENCE SOUTH 87°38'49" WEST, A DISTANCE OF 1,235.72 FEET TO A POINT ON THE EAST RIGHT-OF-
WAY LINE OF COLLIER BOULEVARD (COUNTY ROAD 951); THENCE RUN ALONG SAID EAST RIGHT-OF-
WAY LINE, NORTH 00°50'49" EAST,A DISTANCE OF 344.10 FEET;THENCE LEAVING SAID RIGHT-OF-WAY
LINE, NORTH 87°42'04" EAST, A DISTANCE OF 1,235.58 FEET; THENCE NORTH 00°50'07" EAST, A
DISTANCE OF 1,028.79 FEET; THENCE NORTH 87°51'50" EAST, A DISTANCE OF 2,670.28 FEET; THENCE
NORTH 00°46'52" EAST, A DISTANCE OF 2,723.04 FEET TO A POINT ON THE NORTH LINE OF SAID
SECTION 11; THENCE RUN ALONG SAID NORTH LINE OF SECTION 11, NORTH 88°17'54" EAST, A
DISTANCE OF 1,333.91 FEET TO THE POINT OF BEGINNING.
CONTAINING 559.05 ACRES,MORE OR LESS.
Willow Run RPUD PL20130000682 Poge 12 of 18 Last Revised 6/24/2014
•
EXHIBIT E
FOR
WILLOW RUN RPUD
LIST OF REQUESTED DEVIATIONS
1. From LDC Section 6.06.02.A.2, Sidewalks, Bike Lane and Pathway Requirements, which
requires sidewalks which are internal to the development to be constructed on both sides
of local streets, to allow sidewalks on one side of the street only for streets with homes on
one side of the street.
2. From LDC Section 6.06.01.N, Street System Requirements and Appendix B, Typical Street
Sections and Right-of-Way Design Standards,which establishes a 60 foot wide local road,to
allow a minimum 40'wide local road(see Exhibit E-1).
3. From LDC Section 6.06.01.J, Street System Requirements, which limits cul-de-sacs to a
maximum length of 1,000 feet, to permit cul-de-sacs to exceed 3,500 feet in length with
placement of no through traffic signage.
4. From. LDC Section 4.06.02, Buffer Requirements, which requires a fifteen foot type "B"
landscape buffer between single family and multi-family residential uses, to allow no
landscape buffer.
5. From LDC Section 5.03.02.C, Fences and Walls, Excluding Sound Walls, which permits a
maximum wall height of 6' in residential zoning districts, to allow a maximum wall height
of 8' throughout the development, and a 12' tall wall, berm, or combination wall/berm
along Collier Blvd frontage.
6. From LDC Section 5.04.04.B.5, Model Homes and Model Sales Centers, which permits a
maximum of five (5) model homes, or a number corresponding to ten (10) percent of the
total number of platted lots, whichever is less, per platted approved development prior
to final plat approval. The requested deviation is to allow for a maximum of four (4)
model homes per development tract, not to exceed 20 model homes within the overall
RPUD.
7. From LDC Section 5.04.06.A.3.e, Temporary Signs, which allows temporary signs on
residentially zoned properties up to 4 square feet in area or 3 feet in height, to allow a
temporary sign or banner up to a maximum of 32 square feet in area and a maximum of 8
feet in height.The temporary sign or banner shall be limited to 28 days per calendar year.
8. From LDC Section 5.06.02.B.2, Development Standards for Signs within Residential
Districts, which permits one (1) real estate sign per street frontage that is setback a
minimum of 10' from any property line, to allow for a maximum of one(1) real estate sign
per street frontage setback a minimum of 5' from the property line along CR 951 only.
9. From LDC Section 5.06.02.B.5, Development Standards for Signs within Residential
Districts, which requires on-premise directional signs to be setback a minimum of 10'
Willow Run RPUD PL20I30000682 Page 13 of 18 Lost Revised 6/24/2014
from internal property lines, to allow for on-premise direction signage to be setback a
minimum of 5' from internal property lines. This deviation does not apply to property
adjacent to Collier Blvd.
10. From tDC Section 5.06.02.8.6, Development Standards for Signs within Residential
Districts, which permits two (2) ground signs per entrance to the development with a
maximum height of 8' and total sign area of 64 s.f. per sign. The requested deviation is to
allow for two (2) ground signs per project entrance with a maximum height of 10' and
total sign area of 80 s.f. per sign face.
Willow Run RPUD PL20130000682 Page 14 of 18 Last Revised 6/24/20I4
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EXHIBIT F
FOR
WILLOW RUN RPUD
LIST OF DEVELOPER COMMITMENTS
1. UTILITIES
A. Prior to its last phase of development, the owner shall identify and provide an
interconnection stub-out to either Hacienda Lakes or San Marino PUD for water
distribution; plans shall be reviewed and approved by CCWSD at time of SOP or plat.
This commitment can be terminated by CCWSD if its staff determines that
interconnection at either property line is not possible.
B. During the Plat approval process, CCWSD shall review and approve the utility design
associated with any cul de sac serving in excess of 149 units.
2. TRANSPORTATION
A. If warranted by the project's traffic counts the Developer shall be responsible for the
proportional share of the cost of a traffic signal, or other traffic control device, sign, or
pavement markings at the Collier Boulevard Intersection Upon the completion of the
installation, inspection, burn-in period, and final approval/acceptance of said traffic
signal it shall be turned over (for ownership) to Collier County, and will then be
operated and maintained by the Collier County Transportation Department.
B. Upon the County's adoption of Benfield Road extension corridor alignment, and within
90 days of the County's request or upon plat dedication, whichever occurs first, the
Owner, its successors or assigns shall dedicate to County fee simple right-of-way subject
only to easements of record and any mineral rights reservation.
Upon recordation of the deed or other conveyance instrument in the public records of
Collier County for the dedication of the right-of-way, the developer shall become
eligible for transportation Impact fee credits based upon the agreed upon appraised
value per acre in accordance with the consolidated impact fee Ordinance in effect at
the time of recordation of the deed. If the project is built out or has prepaid
transportation impact fees to be assessed for the project, then the developer or its
successors or assigns shall be eligible to request cash reimbursement.
The developer shall not be responsible to obtain or modify any permits or conservation
easements on behalf of the County related to the platting, dedication, or extension of
Benfield Road.
C. Potential vehicular interconnections have been shown on the conceptual PUD master
plan in locations which may be appropriate for shared access to the intersecting
driveway with CR 951. If a mutual agreement is reached with the owners of adjacent
properties for coordinated design, and responsibility for permitting, construction and
Willow Run RPUD PL20130000682 Page 16 of 18 Last Revised 6/24/2014
maintenance costs and other applicable access considerations including any bridge and
turn lane improvements, the developer shall allow for shared access with the other
party(ies)to the agreement.
3. ENVIRONMENTAL
Vegetation shall be retained in accordance with the criteria established in the Conservation
and Coastal Management Element of the GMP and Section 3.05 of the LDC.
Total Preserve Required 149.19±AC
Urban Residential Fringe
114.83±AC Native Vegetation X 25%=28.71±AC
RFMU Sending
133.87±AC Native Vegetation X 90%= 120.48±AC
Total Preserve Provided 210±AC
Urban Residential Fringe = 76.13±AC
RFMU Sending = 133.87±AC
4. PLANNING
A. A maximum of 590 dwelling units shall be permitted in the PUD.
B. No buffer shall be required if the right-of-way reservation as shown on the Master Plan
as an east/west road is constructed as an east/west road along the southern PUD
boundary as shown on the Master Plan. The developer is not obligated to construct the
east/west road along the southern PUD boundary.
5. WATER MANAGEMENT
The water management system shall be designed to route existing off-site surface water
flows through or around the project. These conveyance facilities shall be sized such that
post construction water levels are lower than or equal to existing water levels on the
surrounding lands. These improvements shall be made prior to the issuance of the first
residential certificate of occupancy.
Willow Run RPUD P120130000682 Page 17 of 18 Last Revised 6/24/2014
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6. PUD MONITORING
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 The Willow Run Land Trust, C/O Joseph D. Bonness, III as Trustee, 1910 Seward
Avenue, Naples, FL 34109. Should the Managing Entity desire to transfer the monitoring
and commitments to a successor entity, then it must provide a copy of a legally binding
document that needs to be approved for legal sufficiency by the County Attorney. After
such approval, the Managing Entity will be released of its obligations upon written approval
of the transfer by County staff, and the successor entity shall become the Managing
Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written
notice to County that includes an acknowledgement of the commitments required by the
PUD by the new owner and the new owner's agreement to comply with the Commitments
through the Managing Entity, but the Managing Entity shall not be relieved of its
responsibility under this Section. When the PUD is closed-out, then the Managing Entity is
no longer responsible for the monitoring and fulfillment of PUD commitments.
Willow Run RPUD PL20130000682 Page 18 of 18 Last Revised 6/24/2014