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Agenda 09/12/2017 Item # 9B09/12/2017 EXECUTIVE SUMMARY Recommendation to approve an Ordinance amending Ordinance No. 2007-46, as amended, the Wolf Creek RPUD, to affirm an insubstantial change to the PUD, to add a preserve exhibit that revises the preserve configuration for Parcels 3B and 9 only, and providing for an effective date. The subject property is located on the north side of Vanderbilt Beach Road, approximately one-half mile west of Collier Boulevard, in Section 34, Township 48 South, Range 26 East, Collier County, Florida, consisting of 189± acres. [PDI-PL20160000404] OBJECTIVE: To have the Board of County Commissioners (Board) approve an Ordinance, which affirms the decision of the Collier County Planning Commission (CCPC) regarding an insubstantial change to the Wolf Creek RPUD, Ordinance No. 2007-46, as amended, to add a preserve exhibit that revises the preserve configuration for Parcels 3B and 9. CONSIDERATIONS: At the June 1, 2017 CCPC public hearing, the CCPC unanimously approved an insubstantial change to the Wolf Creek PUD to add a preserve exhibit that revises the preserve configuration shown on the existing Master Plan for Parcels 3B and 9 (CCPC Resolution No. 17-03). The approval process for an insubstantial change to a PUD, due to its limited nature, has rested with t he Hearing Examiner Office (HEX) or the CCPC. At the June 13, 2017, Board meeting, the Board directed staff to: 1) Develop and bring forward Land Development and Administrative Code amendments to provide for Board affirmation of the Planning Commission or Hearing Examiner approval of insubstantial changes to PUDs; and 2) To process PDI applications following the PDI process proposed in the interim The Wolf Creek petition is the first PDI that is navigating the new PDI process. As noted, the petition was unanimously approved by the CCPC at the June 1, 2017, advertised public hearing. The applicant is proposing to remove approximately 4.05 acres of the preserve from “Parcel 3B & 9” shown on the existing PUD Master Plan, because the minimum preserve requir ement for the PUD will still be maintained. This change will reduce the preserve area on Parcels 3B and 9 from approximately 7.11 acres to 3.06 acres. This modification does not seek to alter the minimum preserve requirement of 34.26 acres for the PUD. The specifics of the request are contained within the attached staff report. FISCAL IMPACT: No fiscal impact associated with the requested affirmation of the Board. GROWTH MANAGEMENT IMPACT: The requested action of an insubstantial change to a PUD will have no impact upon the GMP. LEGAL CONSIDERATIONS: This is an insubstantial change amendment to the existing Wolf Creek PUD (Ordinance No. 07-46, as amended). Pursuant to LDC Section 10.02.13 E.2 and Chapter 3, Section G.3 of the Administrative Code for Land Development, the Planning Commission or the Hearing Examiner is the final decision maker for insubstantial change applications. The BCC, on June 13, 2017 directed staff to bring insubstantial changes to Planned Unit Developments to the Board of County Commissioners for affirmation of the approving CCPC Resolution/HEX Decision in order to amend the PUD Ordinance accordingly. The Planning Commission was guided in its decision by the criteria stated in Section 10.02.13.E.2 of the LDC: “An insubstantial change to an approved PUD Ordinance shall be based upon an evaluation of LDC subsection 10.02.13.E.1 [criteria for substantial changes] and shall … be based on the findings and criteria used for the original application ….” This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (SAS) 9.B Packet Pg. 49 09/12/2017 RECOMMENDATION: That the Board approves the Ordinance amending Ordinance NO. 2007-46, as amended to affirm the June 1, 2017 approval of the CCPC regarding the Wolf Creek PUD insubstantial change, PDI-PL20160000404, to add a preserve exhibit that revises the preserve configuration for Parcels 3B and 9 only. Prepared by: Mike Bosi, AICP, Director, Zoning Division, Growth Management Department ATTACHMENT(S) 1. [linked} 9G-PDI-PL20160000404-Wolf Creek RPUD (PDF) 2. wolf-creek-Ordinance - 060217 (PDF) 3. Recorded CCPC Res 17-03 (PDF) 4. Legal Ad - Adenda ID # 3305 (PDF) 5. Legal Ad - Agenda ID 3489 (PDF) 9.B Packet Pg. 50 09/12/2017 COLLIER COUNTY Board of County Commissioners Item Number: 9.B Doc ID: 3489 Item Summary: ***This item has been continued from the July 11, 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. 2007-46, as amended, the Wolf Creek RPUD, to approve an insubstantial change to the PUD, to add a preserve exhibit that revises the preserve configuration for Parcels 3B and 9 only, and providing for an effective date. The subject property is located on the north side of Vanderbilt Beach Road, approximately one-half mile west of Collier Boulevard, in Section 34, Township 48 South, Range 26 East, Collier County, Florida, consisting of 189± acres. [PDI-PL20160000404] Meeting Date: 09/12/2017 Prepared by: Title: Operations Analyst – Growth Management Operations & Regulatory Management Name: Judy Puig 07/11/2017 11:22 AM Submitted by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 07/11/2017 11:22 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Skipped 07/11/2017 11:21 AM County Attorney's Office Judy Puig Level 2 Attorney Review Skipped 07/11/2017 11:21 AM Growth Management Department Judy Puig Level 2 Division Administrator Skipped 07/11/2017 11:21 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/21/2017 1:57 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 07/26/2017 4:16 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 08/09/2017 2:36 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/06/2017 4:37 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/12/2017 9:00 AM 9.B Packet Pg. 51 9.B.b Packet Pg. 52 Attachment: wolf-creek-Ordinance - 060217 (3489 : Wolf Creek PDI) 9.B.b Packet Pg. 53 Attachment: wolf-creek-Ordinance - 060217 (3489 : Wolf Creek PDI) 9.B.b Packet Pg. 54 Attachment: wolf-creek-Ordinance - 060217 (3489 : Wolf Creek PDI) 9.B.c Packet Pg. 55 Attachment: Recorded CCPC Res 17-03 (3489 : Wolf Creek PDI) 9.B.c Packet Pg. 56 Attachment: Recorded CCPC Res 17-03 (3489 : Wolf Creek PDI) 9.B.c Packet Pg. 57 Attachment: Recorded CCPC Res 17-03 (3489 : Wolf Creek PDI) 9.B.c Packet Pg. 58 Attachment: Recorded CCPC Res 17-03 (3489 : Wolf Creek PDI) 9.B.d Packet Pg. 59 Attachment: Legal Ad - Adenda ID # 3305 (3489 : Wolf Creek PDI) 9.B.e Packet Pg. 60 Attachment: Legal Ad - Agenda ID 3489 (3489 : Wolf Creek PDI)