Agenda 12/13/2016 Item # 9A 9.A
12/13/2016
EXECUTIVE SUMMARY
***This item has been continued to the January 10, 2017 BCC Meeting.*** This item requires that
ex parte disclosure be provided by Commission members. Should a hearing be held on this item,all
participants are required to be sworn in. Recommendation to approve an Ordinance amending
Ordinance No. 95-74, the Naples Heritage Golf and Country Club Planned Unit Development, and
amending Ordinance No. 2004-41, the Collier County Land Development Code, by amending the
appropriate zoning atlas map or maps by changing the zoning classification of an additional 5.21±
acres of land zoned Rural Agricultural (A) to Naples Heritage Golf and Country Club PUD; by
revising the property description; by adding a recreation area to Tract A; by revising development
standards; by amending the Master Plan; by adding a tennis center conceptual site plan and a
landscape buffer exhibit; and providing an effective date. The subject property, consisting of 563±
acres, is located south of Davis Boulevard and west of Collier Boulevard in Sections 3, 4, 9 And 10,
Township 50 South, Range 26 East, Collier County, Florida. [PUDZ-PL20150001416] (Companion
to agenda items 9.B And 9.C)
OBJECTIVE: To have the Board of County Commissioners (Board) review staffs findings and
recommendations along with the recommendations of the Collier County Planning Commission (CCPC)
regarding the above referenced petition, render a decision regarding this PUD Amendment petition; and
ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the
community's interests are maintained.
CONSIDERATIONS: The subject site is a±5.21-acre parcel of land that is currently located externally
and abutting the southwest portion of the Naples Heritage Golf and Country Club Planned Unit
Development (PUD). The applicant is requesting to rezone the parcel from Rural Agricultural (A) and
• incorporate it into the PUD. The parcel would be used for additional recreational facilities for the
residents of the PUD,and a portion would be added to the preserve of the PUD.
There are two (2) companion petitions that were submitted in connection with this PUD Amendment.
The first is an application (VAC-PL20160001416) to vacate a portion of Tract C5 Conservation Area,
including a portion of the 10-foot wide Collier County Conservation Buffer Easement within Tract 5 as
shown on the Naples Heritage Golf and Country Club Phase One Plat, Plat Book 26, Page 73. The
second companion petition (VAC-PL20160001403) is to vacate public right-of-way that is no longer
needed and include this land in the project preserves. Staff is recommending approval of both vacation
petitions.
This PUD Amendment was reviewed by the CCPC on May 5, 2016. At the hearing, the applicant
presented a conceptual site plan illustrating how the subject site would be developed. The CCPC
recommended approval of the petition. Subsequent to that meeting, however, the applicant requested
changes to the PUD Document, including changes to the conceptual site plan. The petitioner intended to
present the changes to the Board on October 11, 2016,but instead of hearing the petition, the Board voted
to remand the petition to the CCPC. The applicant is requesting to modify the conceptual site plan by
proposing a different location for the access point (to the subject parcel) as well as making further
changes to the PUD Document related to the proposed use, exterior lighting, hours of operation, and
amplified sound. It should be noted that since the initial CCPC hearing, there has been public opposition
to this PUD Amendment, to the companion vacation petition(s), or to both.
FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help
offset the impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element (CIE) of the Growth Management Plan(GMP) as
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needed to maintain an adopted Level of Service(LOS) for public facilities. Additionally, in order to meet
the requirements of concurrency management, the developer of every local development order approved
by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with
the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees
collected prior to issuance of a building permit include building permit review fees. Finally, additional
revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the
value of the improvements. Please note that impact fees and taxes collected were not included in the
criteria used by staff and the CCPC to analyze this petition.
GROWTH MANAGEMENT IMPACT: Future Land Use Element (FLUE): The subject site is
identified as Urban Designation, Urban Mixed Use District, Urban Residential Subdistrict in the FLUE of
the GMP. Staff reviewed the proposed land uses for consistency with the Urban Designation. Adding the
±5.21 acres to the Naples Heritage Golf and Country Club PUD for the development of additional
recreational facilities and a portion of this acreage for preserve are both non-residential uses listed (#2 -
Parks, open space and recreational uses) in the Urban Designation of the FLUE and therefore, consistent
with the GMP. As such, Comprehensive Planning staff finds this rezone petition may be deemed
consistent with the FLUE of the GMP.
Transportation Element: Transportation Planning staff reviewed the application and found this petition
consistent with Policy 5.1 of the Transportation Element of the GMP. There is no increase in the number
of residential dwelling units/traffic generation, no changes to point(s) of access or circulation, and no
changes to the developer commitments; therefore,there is no impact on the previous findings of approval.
Conservation and Coastal Management Element (CCME): Environmental Planning staff found this
project to be consistent with the CCME. The acreage of preserve, as shown on the PUD Master Plan, will
increase by approximately 3.9 acres with this amendment to the PUD [three(3) acres from vacation of the
100-foot wide right-of-way reservation and 0.9 acre from the parcel to be added to the PUD]. In total,
approximately 251.9 acres or 44.7% of the land within the PUD, as shown on the PUD Master Plan, will
be set aside as preserve. This acreage exceeds the twenty-five percent(25%) minimum native vegetation
retention(preserve)requirement pursuant to CCME Policy 6.1.1.
GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this
proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency or
inconsistency with the overall GMP as part of the recommendation for approval, approval with
conditions, or denial of any rezoning petition. This petition is consistent with the GMP.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC
reviewed this petition at their November 17, 2016 meeting. The applicant gave a presentation, which
included a different conceptual site plan than the version in each Commissioner's packet. Several
members of the public came forward to speak. Commissioner Homiak made a motion to approve, which
was seconded by Commissioner Chrzanowski. The vote to approve was unanimous (5-0) subject to the
following stipulations:
1. Minimum setbacks as shown on RA site plan.
2. Use the new plans presented today.
3. Provide some assurance that the retention of native vegetation in the "natural areas" will be
replaced if they do not survive.
4. No special events will occur after hours.
5. Hours will be more specific than reference to"dusk", applicant will use sunset.
6. Clarify the various details discussed on the RA site plan.
7. List any and all uses proposed for the building and label the sun shade buildings as to what they
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are.
.—� 8. Lighting will be with bollard lights.
9. Courts to be clay comparable to HarTru type courts.
Commissioner Schmitt suggested that staff should communicate to the Board that the applicant's
narrative and paperwork should indicate that tennis and recreational uses are proposed and the project
intent is to use the site for more than just extra off-street parking.
Opposition to this petition has been received. Opposition was voiced at the CCPC hearing.
Notwithstanding a unanimous vote to approve by the CCPC, the petition is being placed under Advertised
Public Hearings due to public opposition.
LEGAL CONSIDERATIONS: This is a proposed PUD Amendment and rezone. The burden falls
upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set
forth below. The burden then shifts to the Board, should it consider denial, that such denial is not
arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment
does not meet one or more of the listed criteria.
Criteria for PUD Amendments
Ask yourself the following questions. The answers assist you in making a determination for approval
or not.
1. Consider: 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.
2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or
other instruments or for amendments in those proposed, particularly as they may relate to
arrangements or provisions to be made for the continuing operation and maintenance of such
areas and facilities that are not to be provided or maintained at public expense? Findings and
recommendations of this type shall be made only after consultation with the County Attorney.
3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the
Growth Management Plan.
4. Consider: 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.
5. Is there an adequacy of usable open space areas in existence and as proposed to serve the
development?
6. Consider: The timing or sequence of development(as proposed) for the purpose of assuring
the adequacy of available improvements and facilities,both public and private.
7. Consider: The ability of the subject property and of surrounding areas to accommodate
expansion.
8. Consider: 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
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regulations.
9. Will the proposed change be consistent with the goals, objectives, and policies and future
land use map and the elements of the Growth Management Plan?
10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern?
11. Would the requested PUD Rezone result in the possible creation of an isolated district
unrelated to adjacent and nearby districts?
12. Consider: Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
13. Consider: Whether changed or changing conditions make the passage of the proposed
amendment necessary.
14. Will the proposed change adversely influence living conditions in the neighborhood?
15. Will the proposed change 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?
16. Will the proposed change create a drainage problem?
17. Will the proposed change seriously reduce light and air to adjacent areas?
18. Will the proposed change adversely affect property values in the adjacent area?
19. Will the proposed change be a deterrent to the improvement or development of adjacent
property in accordance with existing regulations?
20. Consider: Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasted with the public welfare.
21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance
with existing zoning? (a"core" question...)
22. Is the change suggested out of scale with the needs of the neighborhood or the county?
23. Consider: Whether it is impossible to find other adequate sites in the county for the
proposed use in districts already permitting such use.
24. Consider: 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.
25. Consider: The impact of development resulting from the proposed PUD rezone 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 [Code ch.106, art.II], as
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amended.
26. Are there other factors, standards, or criteria relating to the PUD rezone request that the
Board of County Commissioners shall deem important in the protection of the public health,
safety,and welfare?
The Board must base its decision upon the competent, substantial evidence presented by the written
materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies,
letters from interested persons and the oral testimony presented at the Board hearing as these items relate
to these criteria. This item has been approved as to form and legality, and requires an affirmative vote of
four for Board approval (HFAC).
RECOMMENDATION: Staff concurs with the recommendation and stipulations of the CCPC, which
are reflected in the attached PUD Ordinance and have no issue with the new location for the proposed
access point and recommends that the Board approve the applicant's request to add 5.21± acres of land
zoned A to the Naples Heritage Golf and Country Club PUD.
Prepared by: Eric L. Johnson, AICP, CFM, Principal Planner, Zoning Division, Growth Management
Department
ATTACHMENT(S)
1.Legal ad-Agenda ID 2333 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 9.A
Item Summary: ***This item has been continued to the January 10, 2017 BCC Meeting.*** This
item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on
this item, all participants are required to be sworn in. Recommendation to approve an Ordinance
amending Ordinance No. 95-74, the Naples Heritage Golf and Country Club Planned Unit Development,
and amending Ordinance No. 2004-41, the Collier County Land Development Code, by amending the
appropriate zoning atlas map or maps by changing the zoning classification of an additional 5.21± acres
of land zoned Rural Agricultural (A) to Naples Heritage Golf and Country Club PUD; by revising the
property description; by adding a recreation area to Tract A; by revising development standards; by
amending the Master Plan; by adding a tennis center conceptual site plan and a landscape buffer exhibit;
and providing an effective date. The subject property, consisting of 563±acres, is located south of Davis
Boulevard and west of Collier Boulevard in Sections 3,4, 9 And 10, Township 50 South, Range 26 East,
Collier County,Florida. [PUDZ-PL20150001416] (Companion to agenda item 9.B And 9.C)
Meeting Date: 12/13/2016
Prepared by:
Title: Planner,Principal—Zoning
Name: Eric Johnson
11/08/2016 10:37 AM
Submitted by:
Title: Division Director-Planning and Zoning—Zoning
Name: Michael Bosi
11/08/2016 10:37 AM
Approved By:
Review:
Zoning Ray Bellows Additional Reviewer Completed 11/22/2016 9:59 AM
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 11/22/2016 11:26 AM
Zoning Michael Bosi Additional Reviewer Completed 11/22/2016 2:33 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 11/29/2016 2:36 PM
Growth Management Department David Wilkison Level 2 Division Administrator Completed 11/30/2016 3:15 PM
Growth Management Department James French Additional Reviewer Completed 12/01/2016 9:23 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/01/2016 10:14 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 12/01/2016 10:50 AM
County Attorneys Office Scott Teach Level 3 County Attorneys Office Review Completed 12/01/2016 10:59 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/04/2016 11:44 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM
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9.A.a
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that on Tuesday, December 13, 2016, in
the Board of County Commissioners Meeting Room,Third Floor,
Collier Government Center,3299 Tamiami Trail East,Naples FL.,
the Board of County Commissioners (BCC) will consider the
enactment of a County Ordinance. The meeting will commence
at 9:00 A.M.The title of the proposed Ordinance is as follows:
sz
The purpose of the hearing is to consider: =
AN ORDINANCE OF THE BOARD OF COUNTY U
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NO.95-74,THE NAPLES HERITAGE c
GOLF AND COUNTRY CLUB PLANNED UNIT DEVELOPMENT, =
AND AMENDING ORDINANCE NO. 2004-41, THE COLLIER 0
COUNTY LAND DEVELOPMENT CODE, BY AMENDING THE U
APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING nr
THE ZONING CLASSIFICATION OF AN ADDITIONAL a'
5.21± ACRES OF LAND ZONED RURAL AGRICULTURALas
(A) TO NAPLES HERITAGE GOLF AND COUNTRY CLUB
PUD; BY REVISING THE PROPERTY DESCRIPTION; BY a 0
ADDING A RECREATION AREA TO TRACT A; BY REVISING
DEVELOPMENT STANDARDS; BY AMENDING THE MASTER d
PLAN; BY ADDING A TENNIS CENTER CONCEPTUAL 6.
SITE PLAN AND A LANDSCAPE BUFFER EXHIBIT; ANDc. y
PROVIDING AN EFFECTIVE DATE.THE SUBJECT PROPERTY,
o
CONSISTING OF 563± ACRES, IS LOCATED SOUTH OF I
DAVIS BOULEVARD AND WEST OF COLLIER BOULEVARD IN ro co
SECTIONS 3,4,9 AND 10,TOWNSHIP 50 SOUTH,RANGE 26 0
EAST,COLLIER COUNTY,FLORIDA.[PUDZ-PL20150001416] o-
ro n.
A copy of the proposed Ordinance is on file with the Clerk to the Y-, Z
Board and is available for inspection. All interested parties are h,
invited to attend and be heard. O ,
m
NOTE;E: All persons wishing to speak on any agenda item must
register with the County manager prior to presentation of a� -=
the agenda kern to ue addressed. Individual speakers wilt be -a
limited to 3 minutes on any item. The selection of any individual H cM
to speak on behalf of an organization or group is encouraged, ecsil
n
i recognized by the Chairman, a spokesperson for a group or to
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organization may be-allotted 10 minutes to speak on an item. , ' —
co
Persons wishing to have written or graohic materials included in A
the Board agenda packets must submit said material a minimum * a)
of 3 weeks prior to therespective public hearing. In any case, vi
written materials intended to be considered by the Board shall <
Q
be submitted to the appropriate County staff-a minimum of
seven days prior to the public hearing. All materials used in .a
presentations before the Board will become a permanent part ca
of the record,
is
Any person who decides to appeal any decision of the Board a)
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 c
evidence upon which the appeal is based. to
Ifyouareapersonwithadisabiiitywhoneecisanyaccommodation
in order to participate in this proceeding, you areentitled, at V
no cost to you,to theprovision of certain assistance_. PleaseRI
contact the Collier County Facilities Management Division, Q
located at 323E Tamiami Trail East,Suite 101.Naples,FL 34112-
5355. (233) 25'-63350. at least two days prior to the meeting.
Assisted listening devices for the hearing impaired are available
in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
CHAIRMAN DONNA FIALA
DWIGHT E.BROCK,CLERK
By: Martha Vergara,Deputy Clerk
(SEAL)
November 23,2016 No.1364071
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