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Agenda 06/09/2015 Item # 9B 6/9/2015 9.B. EXECUTIVE SUMMARY 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 (1) approve an Ordinance amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code,which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Planned Unit Development (PUD) zoning district to a Mixed Use Planned Unit Development (MPUD) zoning district for a project to be known as the Vincentian Village MPUD, to allow construction of a maximum of 224 multifamily residential dwelling units, up to 250,000 gross square feet of commercial land uses, and a hotel limited to 150 rooms and an assisted living facility (ALF) at 0.6 FAR, and (2) an Agreement Confirming GAP Housing and Imposing Covenants and Restrictions on Real Property. The commercial uses are subject to conversions and limitations if the project is developed as mixed use or if a hotel or ALF is constructed. The residential uses are subject to a GAP Housing Agreement which would provide that a minimum of 40% of the dwelling units constructed above the allowable base density of 3 dwelling units per acre shall be offered to persons who earn between 81-150% of the Naples Marco Island Metropolitan Statistical Area (MSA) annual median income at the time of qualification. The subject property is located at the southeast corner of Southwest Boulevard and U.S. 41 in Section 32, Township 50 South, Range 26 East, Collier County,Florida,consisting of 30.68+/- acres; providing for the repeal of Ordinance Number 99-37, the Vincentian PUD; and by providing an effective date. [PUDZ-PL20130001726. This is a companion item to the Growth Management Plan Amendment establishing the Vincentian Mixed Use Subdistrict,PL20130001767/CP-2013-10]. OBJECTIVE: To have the Board of County Commissioners (BCC) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding the 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 petitioner is asking the Board of County Commissioners (BCC) to consider an application for an amendment to the existing PUD zoned project to allow numerous changes in conjunction with a proposed Growth Management Plan Amendment. For details about the project proposal, refer to "Purpose/Description of Project" in the attached staff report prepared for the Collier County Planning Commission (CCPC). FISCAL IMPACT: The PUD amendment by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development. However, if the PUD amendment is approved, a portion of the land could be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees 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 of the Growth Management Plan as needed to maintain 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 Packet Page-86- 6/9/2015 9.B. 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 Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element(FLUE): Comprehensive Planning staff finds that the proposed PUD Amendment may be deemed consistent with the Future Land Use Element subject to the approval of the companion GMP amendment. Please refer to the attached Consistency Review Memorandum for the Growth Management Plan Amendment establishing the Vincentian Mixed Use Subdistrict, PL20130001767/CP-2013-10. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition PUDZ-PL20130001726, Vincentian Village MPUD on March 19, 2015. The CCPC unanimously voted 5 to 0 to forward this petition along with the companion Growth Management Plan Amendment, PL20130001767/CP-2013-10 to the Board of County Commissioners (BCC) with a recommendation of approval. The approval is subject to the following CCPC conditions of approval which have been incorporated into the PUD document: 1. Incorporate Comprehensive Planning's recommended Land Use Conversion Factor regarding portions of an acre into the PUD Exhibits. 2. The minimum lake width is 120 feet. 3. The minimum preserve width is 65 feet. 4. Amend footnote number 5, third bullet to state: "the frontage providing vehicle access....." 5. Revise the Land Use Conversion Factor note on the Master Plan (to incorporate Comprehensive Planning's new language). 6. Change the preserve area from 2.78 acres to 2.98 acres. Staff is recommending denial of the companion Growth Management Plan Amendment establishing the Vincentian Mixed Use Subdistrict, PL20130001767/CP-2013-10. Therefore, this petition has been placed on the Regular Agenda. LEGAL CONSIDERATIONS: : [Quasi-judicial, Four-fifths vote for approval] This is a site specific rezone from a PUD Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for a project which will be known as the Vincentian MPUD. The burden falls upon the applicant to prove that the proposed rezone is consistent with Packet Page-87- 6/9/2015 9.B. all the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for MPUD Rezones: 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 MPUD 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 MPUD 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. 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? Packet Page-88- 6/9/2015 9.B. 10. Will the proposed MPUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested MPUD 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 MPUD rezone on the availability of adequate public facilities and services consistent with the levels of Packet Page-89- 6/9/2015 9.B. 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.lI], as amended. 26. Are there other factors, standards, or criteria relating to the MPUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC 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 BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (SAS) RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends that the Board of County Commissioners approves the request for PUDZ- PL201300001726, Vincentian Mixed Use Planned Unit Development (MPUD) and GAP Housing Agreement, subject to the approval of the companion Growth Management Plan Amendment establishing the Vincentian Mixed Use Subdistrict, PL20130001767/CP-2013-10. Prepared by: Nancy Gundlach, AICP, PLA Zoning Services Section Attachments: 1) Executive Summary-Supplemental 2) Staff Report 3) Proposed Ordinance 4) Gap Housing Agreement 5) Ordinance number 99-37 6) Location Map 7) Master Plan 8) Neighborhood Information Notes-go to: http://www.colliergov.net/ftp/AgendoApri12815/GrowthMgmt/NIM Notes from July 17-2014-9C- PUDZ-PL20130001726-Vincention Village %2OMPUD.pdf 9) Application- go to: http://www.colliergov.net/ftp/AgendoApri 12815/GrowthMgmt/Appl icntion.pdf Packet Page-90- 6/9/2015 9.B. SUPPLEMENTAL EXECUTIVE SUMMARY MEMO Recommendation to (1) approve An Ordinance amending Ordinance Number 2004-41,as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Planned Unit Development (PUD) zoning district to a Mixed Use Planned Unit Development(MPUD)zoning district for a project to be known as the Vincentian Village MPUD,to allow construction of a maximum of 224 multifamily residential dwelling units, up to 250,000 gross square feet of commercial land uses, and a hotel limited to 150 rooms and an assisted living facility (ALF) at 0.6 FAR, and (2) an Agreement Confirming GAP Housing and Imposing Covenants and Restrictions on Real Property. The commercial uses are subject to conversions and limitations if the project is developed as mixed use or if a hotel or ALF is constructed. The residential uses are subject to a GAP Housing Agreement which would provide that a minimum of 40% of the dwelling units constructed above the allowable base density of 3 dwelling units per acre shall be offered to persons who earn between 81-150% of the Naples Marco Island Metropolitan Statistical Area (MSA) annual median income at the time of qualification.The subject property is located at the southeast corner of Southwest Boulevard and U.S. 41 in Section 32, Township 50 South, Range 26 East, Collier County,Florida,consisting of 30.68+/-acres; providing for the repeal of Ordinance Number 99-37, the Vincentian PUD; and by providing an effective date [PUDZ-PL20130001726]. This is a companion item to the Growth Management Plan Amendment establishing the Vincentian Mixed Use Subdistrict,PL20130001767/CP-2013-10]. The Board of County Commissioners (BCC) heard petition PUDZ-PL20130001726, Vincentian Village MPUD on April 28, 2015. The BCC unanimously voted 5 to 0 to continue this petition along with the companion Growth Management Plan Amendment, PL20130001767/CP-2013-10. The purpose of the continuance is for the agent to address an alternative proposal related to workforce GAP Housing. Community and Human Services (CHS) has reviewed the revised PUD document and has the following analysis: The developer has requested a total of 224 units within the Vincentian MPUD at 7.3 dwelling units per acre. The base density of 3 dwelling units per acre is(92 units). In order to achieve the requested density (additional 132 units),the petitioner has agreed to the following: A minimum of 40 percent of the dwelling units constructed above the allowable base density of 3 dwelling units per acre (or 53 units) shall be offered to persons who qualify for GAP Housing, that is, persons earning between 81 percent and 150 percent of the Naples Marco Island Metropolitan Statistical Area(MSA) annual median income at the time of income qualification. In order to evaluate the request, Community Housing Services (CHS) has reviewed Section 2.06, the Affordable Housing Density Bonus Section of the Land Development Code (LDC). CHS recognizes that the developer is not applying for an affordable housing density bonus nor will he be executing an Affordable Housing Density Bonus Agreement.However, in order to evaluate the request, Section 2.06 of the LDC provides the closest criteria for development of an affordable housing component in the PUD. Section 2.06.03(A)(2)(A) of the LDC requires a developer, when constructing Affordable Housing, to include at least 10 percent of the units to be at or below 80 percent Area(MSA)annual median income at the time of income qualification. The developer is requesting a waiver of this requirement. CHS agrees Packet Page-91- 6/9/2015 9.B. to eliminate this requirement for this Gap housing agreement and have the development incorporate only GAP Housing units. In addition,the developer has indicated this project will be homeownership. The Developer has agreed to create three categories of homes within the 81% - 150% income level ranges as Category A: 81% - 99.9%, Category B: 100% - 119.9% and Category C: 120% - 150%to ensure homes are available in all three categories. Previous discussions with the developer and his agents and as identified in 2.06.05(A)(6)of the LDC the MPUD would have to identify a specific housing price for the Gap Housing units. In lieu of a specific housing price, CHS recommends that ranges be identified, by Category, and that the buyer's income be used as the basis for acquiring the unit. Furthermore, it is recommended that the housing price be based upon the buyer's ability to spend no more than 30 percent of their qualified income for principal, interest, taxes and insurance. This would qualify the buyer for the designated GAP Housing units at the time of purchase. Section 2.06.05(A)(9) of the LDC requires a fifteen (15) year affordability period for all designated Gap Housing units. Since this project is not applying for an affordable housing bonus density,per se, CHS will stipulate to waive the requirement to a minimum of five (5) years. The objective is to maintain, for a reasonable period, the GAP Housing units in the housing stock of the County. Since we are not required to follow the LDC requirements in this case, the Board may make a judgment that fewer years is appropriate. To determine an appropriate timeframe to make this recommendation staff utilized a number of difference references such as newspaper articles, affordable housing reports and nationwide statistical data. In addition, staff analyzed State Housing Initiative Partnership (SHIP) payoff data from the last 3 years (2012-2015). Staff analysis entailed reviewing when purchase assistance was provided and compared it with when the lien was satisfied. The homeowner that received purchase assistance stayed in the home an average of 5 to 7 years. Staff has prepared an Agreement Confirming GAP Housing and Imposing Covenants and Restrictions on Real Property that reflects the analysis above. This agreement will be recorded in the Public Records and is a separate and distinct agreement from "development agreements" as defined by Section 163.3220, Florida Statutes, as amended. Prepared by: Elly Soto McKuen Senior Grant and Housing Coordinator and Nancy Gundlach,AICP,PLA Principal Planner Zoning Services Section Packet Page-92- 6/9/2015 9.B. COLLIER COUNTY Board of County Commissioners Item Number: 9.9.B. Item Summary: This item has been continued from the April 28, 2015 BCC meeting, and continued again from the May 12,2015 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 Number 2004-41, as amended,the Collier County Land Development Code,which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Planned Unit Development(PUD) zoning district to a Mixed Use Planned Unit Development(MPUD) zoning district for a project to be known as the Vincentian Village MPUD,to allow construction of a maximum of 224 multifamily residential dwelling units, up to 250,000 gross square feet of commercial land uses, and a hotel limited to 150 rooms and an assisted living facility(ALF) at 0.6 FAR.The commercial uses are subject to conversions and limitations if the project is developed as mixed use or if a hotel or ALF is constructed.The subject property is located at the southeast corner of Southwest Boulevard and U.S.41 in Section 32,Township 50 South, Range 26 East, Collier County, Florida, consisting of 30.68+/-acres; providing for the repeal of Ordinance Number 99-37,the Vincentian PUD; and by providing an effective date. [PUDZ-PL20130001726.This is a companion item to the Growth Management Plan Amendment establishing the Vincentian Mixed Use Subdistrict, PL20130001767/CP- 2013-10]. Meeting Date: 5/26/2015 Prepared By Name: GundlachNancy Title: Planner, Principal,Zoning 5/5/2015 10:22:15 AM Approved By Name: BellowsRay Title: Manager-Planning, Growth Management Department Date: 5/14/2015 12:19:05 PM Name: BosiMichael Title: Division Director-Planning and Zoning, Growth Management Department Date: 5/14/2015 1:21:09 PM Packet Page-93- 6/9/2015 9.B. Name: PuigJudy Title: Operations Analyst,Growth Management Department Date: 5/14/2015 1:42:48 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 5/15/2015 2:22:01 PM Name: AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 5/15/2015 4:27:11 PM Name: IsacksonMark Title:Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget Date: 5/15/2015 4:47:48 PM Name: KlatzkowJeff Title: County Attorney, Date: 5/18/2015 8:37:41 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 5/18/2015 11:52:36 AM Packet Page -94- 6/9/2015 9.B. AGENDA ITEM 9-C Co er County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES—PLANNING&ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION--PLANNING &REGULATION HEARING DATE: MARCH 19,2015 SUBJECT: PETITION PUDZ-PL20130001726; VINCENTIAN VILLAGE PUD (COMPANION TO PETITION CP-2013-10/PL20130001767) OWNER/APPLICANT: Global Properties of Naples, LLC c/o Christopher Shucart 2614 Tamiami Trail N, Suite 615 Naples,FL 34103 AGENTS: Robert J. Mulhere, FAICP Richard Yovanovich,Esquire Hole Montes, Inc. Yovanovich&Koester, P.A. 950 Encore Way 4001 Tamiami Trail North Naples, FL 34103 Naples,FL 34103 REQUESTED ACTION: The applicant is asking the Collier County Planning Commission (CCPC) to consider an application for an amendment to the existing PUD zoned project to allow numerous changes in conjunction with a proposed Growth Management Plan Amendment as noted above. For more details,please refer to the"Purpose and Description of Project"section of this staff report. GEOGRAPHIC LOCATION: The subject property, consisting of 30.68± acres, is located at the southeast corner of Southwest Boulevard and U.S. 41 in Section 32,Township 50 South, Range 26 East, Collier County, Florida (see location map on the following page) PUDZ-PL20130001726;Vincentian PUD Page 1 of 17 March 19,2015 CCPC Revised: 2/26115 Packet Page -95- 6/9/2015 9.B. ri' UU P Vg Q S W O X08 . W U ^a 8 Q PA g % ov- : ..::::.:!:::::.,..:,:.:.:.:.! ::::::i!::i:::::::::::;:!;::::::::::!::::::! 3,-, MM.* IIIIM RPCO..) i 3;:iiiiE: iijii?iii a. .law illipEllol wan S c. w0 i `giiii:ii:iiiiE:iii: �6� MU `aria li t i r i i +lI t � � Z • lt, ° 4' #,i*,'''!iii111111111111111111 •3041/4,4-* ik• ,x ,, 4 St14" tk7 ∎471 k ∎4)1©4T,I∎i N 0,01 44 4## 4 4 _40 g > 'V %.**,40-4 ‘Akirip, Eli Aiiit**,00 - 4. , M ■ 4. 0 .44,,,e0-.& N-7' Adi J a 1 —„_ 71V35 Ol lON Q a Zg is, z}g ■ n ph g'.-- s 1 ., q_ a fie gg I. N -It EE- 'Y l - g e 6 � Ai 41/ 11. ' i C _ _ �tev3 OMATfiaa M 11O � % q 1�r u ¢ O V 1 ..non aanloo 2 g iirft- , wok „,. .1. L 3 „a r . _ w...... 1,1 , H q /1 3 ° z 2.... gE IIIII •mig if i us. Pr. cram wave uNnoo A IIIMIUM /.// gl Da i an G66 1 ZA Packet Page-96- 6/9/2015 9.B. ative Vegetation and Open Space 1; C-5 ZONING Existing Native Vegetation= 29.77 Ac. ,' Min On-site Native Preservation Req'd' STATION 20'TYPE "D" WHISTLER'S 29.77 x 15%=4.46 Ac. COVE - PUD ')pen Space Req'd(Comm.or Mixed-Use) . , . • LANDSCAPE 8x30°i° ceRequ a� '' • , -; BUFFER \ L..in Open Space Required(Residential Only) Q \0.66 x 60% =18.41 Ac J LPG- /jam f•� i ��' 20' TYPE "D" �'� L4° y �� L`� LANDSCAPE ` G TRAIL ACRES _.'•�44 BUFFER �a ts'��j � ,ao RSF-4 ZONING.,'', 0 ,�r \� 'I?, � o O • - N N TRACT \ __1<s \s: ,,,ss./ MIXED USE 4. , X. ..._...• LANDSCAPE BUFFER 1 •. EXISTING 15'U.E. PER LDC REQUIREMENTS ! o �� *\ �\ EXISTING 15'U.E. --ii o. e DEVIATION #2 0, • \� �i WALL LOCATION POTENTIAL FUTURE 1 z - , N BIKEIPED 1I4 a U I\ °2'.' '` \\ LANDSCAPE 1 2 s�'' , ,` BUFFER 15'TYPE "B" W `N LANDSCAPE � , p BUFFER _ i 1 1 ____ I Z 11.1 q a. ' TRACT ++Pf 1 m • TRACT i" \ PRESERVE ,+�+, �! _ Land Use Summary EXISTING 15'U. .\\ E Description Acreage Percent ,> �\ Mixed-Use(Tract MU) 22.05 71.9% \ , % \\ EXISTING 15'U.E. Lake(Tract L) 4.17 13.6% Preserve(Tract P) 4.46 14.5% - \_ TOTAL 30.68 100.0% EXISTING 15'U.E. Maximum Dwelling Units:224 TRAIL ACRES RSF-4 ZONING LAND USE CONVERSION FACTORS A. Commercial Only Development: Commercial uses shall be limited to a maximum of 250,000 square feet of gross floor area(GFA),and one hotel(maximum of 150 rooms), and an assisted living facility (maximum FAR 0.6). Additionally, for every acre of hotel or Assisted Living Facility, the maximum allowable commercial GFA shall be reduced by 10,000 square feet. B. Mixed Use(Residential and Commercial)Development: The commercial portion of the project shall not exceed 10 acres in size and a maximum of 128,000 square feet of GFA of commercial uses,and a 150-room hotel and an Assisted Living Facility at a 0.6 FAR.Additionally,for every acre of hotel or Assisted Living Facility,the maximum allowable commercial GFA shall be reduced by 10,000 square feet.Residential density shall be limited to 224 multifamily residential dwelling "nits,calculated on the gross acreage of the property,exclusive of any commercial portions. 950 Encore Way VINCENTIAN VILLAGE MPUD DI /P•mK �O;/2014,4 ,ARM Naples,FL.34110 Phone:(239)254-2000 MASTER PLAN °R l�rP.w. °0+ 20+4 HOLE MONTES Florida Certificate of 'lit ENGINEERSFLIMERSSURVEYORS Authorization No.1772 EXHIBIT C REV x: 2-12-2015 Packet Page-97- 6/9/2015 9.B. PURPOSE/DESCRIPTION OF PROJECT: The subject site is currently undeveloped and wooded with large portions occupied by Pine Flatwoods and Cypress/Pine/Cabbage Palm combinations. The subject site was originally rezoned to PUD in Ordinance#85-27 as the Vincentian Residence PUD, which was repealed by Ordinance#91-88, which was repealed by Ordinance#99-77. That ordinance is the current PUD ordinance governing uses on this site. That PUD rezone changed the name to just the "Vincentian PUD." That ordinance allows up to 40 residential units (4 units per acre(upa); up to 115,000 square feet of commercial uses; and assisted living facilities or other group care facilities at a FAR of 0.45. The allowable commercial uses include all C-2 uses, and some C-3 and C-4 uses. The agent provided the following list of changes contained in this amendment as shown below: • Both allow a mix of commercial and residential uses • Residential: o Original PUD: • Allowed 4 d.u. 's per gross acre on approximately 9.8 acres, for 39 du. 's o Proposed MPUD: • Allows 7.3 du/acre on entire site, max. 224 d.u. 's • Limits to multifamily residential uses • Commercial: o Original PUD: • 8.5 acre tract • Up to 115,000 SF retail/office or hotel(13,5 29 SF per acre) • C-2 uses (in effect as of date of ordinance, which included automobile service station and group care facilities) • Additional C-3 and C-4 uses allowed: amusement and recreation services, auto and home supply stores, business services, drinking places, hospitals, membership organizations, misc. retail, museums and art galleries, paint/glass/wallpaper stores, public administration, non- depository credit institutions, real estate, retail nurseries, social services, used merchandise stores, USPS • ALF at 0.45 FAR o Proposed MPUD.: • Up to 250,000 SF of commercial(8,148 SF per acre) • C-3 zoning district uses, including those allowed as conditional uses, and department store, hotel, dental laboratories, and nursing and personal care facilities. • ALF at 0.60 FAR PUDZ-PL20130001726;Vincentian PUD Page 2 of 17 March 19,2015 CCPC Revised: 2/26/15 Packet Page -98- 6/9/2015 9.B. * Intensity/density standards: o Proposed MPUD: • Site can be developed as residential OR commercial OR a mixture of commercial and residential. • Total intensity/density allowed to be capped by trip generation rate — limited to average weekday, pm peak hour trip entering/exiting generation of 1,107 total trips. • Limits, in a mixed-use scenario, the amount of commercial to 10 acres and a maximum of 128,000 SF. • Reduces, in a commercial only scenario, the amount of commercial by 10,000 SF for every I acre developed as hotel or ALF, • Height limitations: o Original PUD: • 55'for multifamily residential • 50'for commercial o Proposed MPUD • 35'for multifamily residential(limited to two-story) • 45'for commercial • Setbacks from adjacent properties(perimeter PUD setbacks): o Original PUD: • None o Proposed MPUD: • From US 41 &Southwest Blvd: 50' • From RSF-4 zoned property: 75' • From MH zoned property: 75' • From C-3 zoned property: 25' • Native preservation: o Original PUD: • 11.7 acre reserve/conservation tract o Proposed MPUD: • Abide by current regulations, depending on how developed: • If commercial: 15%of existing native vegetation(4.46 acres) • If residential or mixed-use: 25% of existing native vegetation (7.44 acres). • The site contains approximately 29.77 acres of native vegetation, of which approximately 37 percent (11,12 acres) is covered with more than 75 percent exotic vegetation. Proposed MPUD contains the option to mitigate for up to 2.78 acres (25% of 11.12 acres) off-site, either by monetary payment or PUDZ-PL20130001726;Vincentfan PUD Page 3 of 17 March 19,2015 CCPC Revised: 2/26/15 Packet Page-99- 6/9/2015 9.B. land donation, consistent with the Vincentian Subdistrict of the GMP. • Open space: o Original PUD: • Min. 30% o Proposed MPUD: • Min. 30%if commercial or mixed-use • Min. 60%if residential only • Residential design standards: o Original PUD: • None o Proposed MPUD: • Architectural theme • Residential amenities • Resort-style swimming pool. • Clubhouse. • Fitness center. • Dog park • Children's playground area/tot lot. • Tennis court or bocce ball court. • Gated entry. • On-site property management if developed as a rental community. • Residential construction standards: o Original PUD: • None o Proposed MPUD: • Concrete Masonry Unit construction and stucco, or approved equivalent. • Cement or slate tile roof or approved equivalent. • Minimum 9-foot ceiling heights within first floor of units. • Concrete pavers at entrance/exit. Although not noted above,the applicant is also seeking to change the project name from the Vincentian PUD to the Vincentian Village PUD. Access to the site is proposed to be garnered from one access point on Tarniami Trail and two access points on Southwest Blvd. The applicant is seeking approval of three deviations. • • PUDZ-PL20130001726;Vincentian PUD Page 4 of 17 March 19,2015 CCPC Revised: 2/26/15 Packet Page -100- 6/9/2015 9.B. SURROUNDING LAND USE AND ZONING: North: US 41 (Tamiami Trail East), then Whistler's Cove PUD, a developed rental apartment community approved at a density of 10 units per acre(Ordinance#97-1) East: Hitching Post Mobile Home Park, a co-operative park owned by the residents with 368 lots on 44± acres (8.4 units per acre), and a Collier County Utility use, then the Hitching Post Commercial Parcel, a developed commercial center that is zoned C-3 with a Conditional Use to allow a coin operated amusement arcade(Resolution#11-102) South: Trail Acres subdivision, a developed single-family neighborhood zoned RSF-4, developed at 4 units per acre West: Trail Acres subdivision, a developed single-family neighborhood zoned RSF-4, developed developed with a gas station and at 4 units per acre, and a commercial strip along US 41 g various vacant commercial structures zoned C-5 w �.E s l r :\ ry. to M � s V4, ki ,:, ' ' *v w- a'� 't o- '4 e, "N+ w , x r * '2 P' Y�q' rM.�prY',?'O' YY i %j i .n" ,� " -. °"` .;' , • ,_, \.,./ = ' i:.:$0, ,,.■SI'Alr.,.)"* .t,,,-14,1$* '1,...*,cipoit.,,,-, -.E.5...,- ,LI ., ' '4 (4'."4 "41.0,?;, '+' V''''r rkfir i r414444414 4:4 r V'r,•i t ---"' ''''''''- ,,,. P',r . 3r,,,, "*■"iirr .r4Vt.,"4:1,vrr. 4'r•r r r r“ rrr ' ....T, - - .. ,..d.„.,...,.a... ,,,,:.„, . „.._, ..,„ m w x %ti- _ -. , , rS ,4° , ..MIS ° i...114:-/,`-` �" , ffi.A I! r` ,,, �F .- i Aerial Photo (subject site depiction is approximate) PUDZ-PL20130001726;Vincentian PUD Page 5 of 17 March 19,2015 CCPC Revised: 2126115 Packet Page-101- 6/9/2015 9.B. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: Please see attached February 25, 2015 memo from Corby Schmidt, AICP,Principal Planner, Comprehensive Planning Section. Conservation and Coastal Management Element (CCME): Environmental review staff found this project to be consistent with the Conservation& Coastal Management Element (CCME). A minimum of 4.5 acres of native vegetation are required to be retained if the PUD is developed as commercial. If the PUD is developed as residential or mixed-use(residential& commercial), then a minimum of 7.44 acres of native vegetation are required to be retained. The PUD will allow up to 2.78 acres of native vegetation to be satisfied off-site in accordance with the provisions of the LDC and proposed Vincentian GMP Subdistrict. Transportation Element: Transportation Planning staff has reviewed the application. The 4. Vincentian Village PUD demonstrates significant impacts,but does not cause adverse impacts. It can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. 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 10.02.1 3.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. Section 2-1193 of the Collier County Codes of Laws and Ordinances, the PUD does not require review by the Environmental Advisory Council (EAC). The deviation on when native vegetation can be satisfied off-site is being requested by the GMP amendment, not the PUD. The applicable provision from Section 2-1193 of the Collier County Codes of Laws and Ordinances is included below. (m) Scope of land development project reviews. The EAC shall review the following: (1) Any PUD that requests a deviation from environmental standards of the LDC or any development order that requests a deviation from the provisions identified in GMP CCME Policy 6.1.1 (13). CCME Policy 6.1.1 (13) identifies the deviation process for several CCME provisions, including Policy 6.1.1 (10), the provision for off-site retention of native vegetation. Staffs analysis of the PUDZ-PL20130001726;Vincentian PUD Page 6 of 17 March 19,2015 CCPC Revised: 2/26/15 Packet Page-102- 6/9/2015 9.B. applicant's request for this deviation is included in the transmittal staff report for the proposed GMP amendment. The above referenced CCME Policies are as follows. (10) The County shall adopt land development regulations that allow for a process whereby a property owner may submit a petition requesting that all or a portion of the native vegetation preservation retention requirement to be satisfied by a monetary payment, land donation that contains native vegetative communities equal to or of a higher priority as described in Policy 6.1.1 (4) than the land being impacted, or other appropriate method of compensation to an acceptable land acquisition program, as required by the land development regulations. The monetary payment shall be used to purchase and manage native vegetative communities off-site. The land development regulations shall provide criteria to determine when this alternative will be considered The criteria will be based upon the following provisions: a. The amount, type, rarity and quality of the native vegetation on site; b. The presence of conservation lands adjoining the site; c. The presence of listed species and consideration of Federal and State agency technical assistance; d. The type of land use proposed, such as, but not limited to, affordable housing; e. The size of the preserve required to remain on site is too small to ensure that the preserve can remain functional; and f. Right of Way acquisitions for all purposes necessary for roadway construction, including ancillary drainage facilities, and including utilities within the right of way acquisition area. The land development regulations shall include a methodology to establish the monetary value, land donation, or other appropriate method of compensation to ensure that native vegetative communities not preserved on-site will be preserved and appropriately managed off-site. ****** (13) The County may grant a deviation to the native vegetation retention requirements of sub- sections 2, 4, 5, 10, and 12 of this Policy, and shall adopt land development regulations to set forth the process for obtaining a deviation. The regulations shall allow for the granting of a deviation by the appropriate review board after a public hearing, and for the granting of a deviation administratively. The County shall consider the amount and type of native vegetation and the presence of listed species in determining whether the granting of a deviation requires a public hearing, or may be granted administratively. The County may grant a deviation if a. County, Federal or State agencies require that site improvements be located in areas which result in an inability to meet the provisions of this Policy, or b. On or off-site environmental conditions are such that the application of one or more provisions of this Policy is not possible or will result in a preserve area of lesser quality, or c. The strict adherence to these provisions will not allow for the implementation of other Plan policies that encourage beneficial land uses. PUDZ-PL20130001726;Vincenfian PUD Page 7 of 17 March 19,2015 CCPC Revised: 2/26/15 Packet Page -103- 6/9/2015 9.B. School Board Review: At this time there is sufficient capacity for the proposed development for the elementary, middle and high school levels. This finding is for planning and informational purposes only and does not constitute either a determination of concurrency for the proposed project. At the time of site plan or plat, the development would be reviewed for concurrency to ensure there is capacity either within the concurrency service area the development is located in or adjacent concurrency service areas such that the level of service standards are not exceeded. 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. Appropriate mitigation measures in the form of proportionate share for signal improvements, and turn lane improvements/access management restrictions are proposed at the intersections of Southwest Boulevard and US-41, and on Southwest Boulevard at both 1st Street and 2nd Street. 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. Zoning staff had concerns about this project. Staff believes in its present form, it will be compatible with and complementary to, the surrounding land uses. Staff offers the following analysis of this project. The original PUD approved residential and commercial uses, with the commercial uses located within 8.5 acres that fronted US 41 and that were in line with the C-3 and C-5 uses, as show on the excerpt from the PUD map below in gold. Ø*!t�\\ —• i .1.:H I TLEi'.`.. TI''A IL �� '`0� �iE Commercial Residential ' portion portion • VIN C.ENT1AN The currently proposed Master Plan would allow commercial uses to be developed anywhere on site either alone or with residential development. Staff still is of the opinion the previous site plan layout would be more compatible with the adjacent residential uses in the mobile home park and in the Trail Acres subdivision. However the applicant has made revisions since the project was first submitted to address staffs concerns. The application has been revised. The list of uses had been modified to remove some more intense commercial uses, the residential density has been reduced, the size of the commercial area has been limited, any Automotive Vehicle dealer use PUDZ-PL20130001726;Vincentian PUD Page 8 of 17 March 19,2015 CCPC Revised: 2/26/15 Packet Page-104- 6/9/2015 9.B. would require a conditional use application, and the number of fast food uses has been limited to two restaurants. The applicant has agreed to include an amenity package no later than issuance of °y the certificate of occupancy for the 100th dwelling unit. Amplified sound has been limited as to location and timing. Relationship to Existing and Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be permitted if the proposed zoning action is approved, to the requirement or limitations set forth in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The proposed uses, as limited in the PUD document, are consistent with the GMP if the proposed amendment is approved, as previously noted. The actual uses proposed, as limited in the PUD document, should be compatible with the land uses that have been developed on adjacent tracts with the additional limitations that have been included in the PUD document. The Master Plan show a 20 foot type D landscape buffer along US 41 and Southwest Blvd., and a 15 foot type B landscape buffer along the boundary shared with Trail Acres. Along the eastern boundary, the buffer would be determined by the LDC requirements based upon what is developed on site. Deviation #3 seeks relief from the Group Housing standards to allow a 0.6 FAR for Group Housing units which is appropriate. All references to an FAR for a hotel use should be removed from the PUD document. Deviation Discussion: The petitioner is seeking three deviations. The petitioner has provided justification in support of the deviations. 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 standards by which flexibility may be accomplished, and while protecting the public interest. . . Staff has analyzed the deviation requests and has provided the analyses and recommendations below. Deviation 1 seeks relief from LDC Section 6.06,01.N, requiring a minimum right-of-way width of 60 feet for local street rights-of-way, to allow for a minimum 42 foot right-of-way internal to the proposed development. PUDZ-Pi20130001726;Vincentian PUD Page 9 of 17 March 19,2015 CCPC Revised; 2126/15 Packet Page -105- 6/9/2015 9.B. Petitioner's Rationale: The justification is a 42 foot right-of-way will be sufficient for the scale of the proposed development and will provide an adequate cross-section to meet ingress/egress, drainage, and utilities requirements while maintaining public safety. 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 �r 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 2 seeks relief from LDC Section 5.03.02.11 Wall requirement between residential and nonresidential development, which requires, wherever a nonresidential development lies contiguous to a residentially zoned district, that a masonry wall, concrete or pre-fabricated concrete wall and/or fence be constructed on the nonresidential property, no less than 6 feet from the residentially zoned district, to allow the wall to be located more than 6 feet from the residentially zoned district, as generally depicted on Exhibit C, Master Plan. Petitioner's Rationale: The justification is that placing the wall along the nonresidential development side of the preserve and buffer areas will allow a more natural, less developed view into the property from adjacent residentially zoned lands, more consistent with existing conditions, and yet still provide adequate buffering between residential and nonresidential uses. 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 5.05.04.D.1 Group Housing, which establishes a maximum floor area ratio of 0.45 for care units, assisted living units, continuing care retirement communities, nursing homes, and dwelling units that are part of an aging-in-pace [sic] living environment,to allow a maximum floor area ratio of 0.6 for an Assisted Living Facility. Petitioner's Rationale: The justification is that this deviation is typically granted and the increased FAR is consistent with that needed in order to accommodate Assisted Living Facilities. PUDZ-PL20130001726;Vincenfian PUD Page 10 of 17 March 19,2015 CCPC Revised: 2/26/15 Packet Page-106- 6/9/2015 9.B. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." FINDINGS OF FACT: LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and , recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below. [Staff's responses to these criteria are provided in bold, non-italicized font]: PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed amendment and believes the uses and property development regulations are compatible with the development approved in the area. The commitments made by the applicant and staff's recommended stipulations should provide adequate assurances that the proposed change should not adversely affect living conditions 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 gain 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). Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion and the zoning analysis of this staff report. Based on those staff analyses, planning zoning staff is of the opinion that this PUDZ-PL20130001726;Vincentian PUD Page 11 of 17 March 19,2015 CCPC Revised: 2/26/15 Packet Page -107- 6/9/2015 9.B. petition may be found consistent with the Future Land Use Element contingent upon Board approval of the companion Growth Management Plan amendment, Petition GMPA- PL2014-113,to amend the Subdistrict language. 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. Staff has provided a review of the proposed uses. The uses in the existing PUD were deemed compatible, but the uses are changing as part of this amendment. Staff initially had concerns about the potential intensity of the proposed project. The petitioner has revised the list of uses and added other safeguards to address staff's concerns. Staff is of the opinion that the uses will be compatible. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of native preserve aside for this project meets the minimum requirement of the P P J 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 at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must comply with all other applicable concurrency management regulations when development approvals are sought. Additionally, the PUD document contains additional developer commitments that should help ensure there are adequate facilities available to serve this project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as road capacity,wastewater disposal system, 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 approval of three 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 has provided an PUDZ-PL20130001726;Vincentian PUD Page 12 of 17 March 19,2015 CCPC Revised: 2/26/15 Packet Page-108- 6/9/2015 9.B. analysis of the deviations in the Deviation Discussion portion of this staff report, and is recommending approval 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. The zoning analysis provides an in-depth review of the proposed amendment. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Comprehensive Planning staff finds the proposed PUDZ application consistent with the Future Land Use Element contingent upon Board approval of the companion Growth Management Plan amendment, Petition GMPA-PL2014-113, to adopt the Subdistrict language. The petition can be deemed consistent with the CCME and the Transportation Element. Therefore, staff recommends that this petition be deemed consistent with the GMP contingent upon Board approval of the companion Growth Management Plan amendment if staff's stipulations are 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 at length in the zoning review analysis. Staff believes the proposed amendment is appropriate given the existing land use pattern if limitations are imposed to keep the project more in scale with a neighborhood center commercial development, and development restrictions included in the PUD Ordinance. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts,' The proposed PUD amendment would not create an isolated zoning district because the subject site is already zoned PUD. No land is being added to the PUD as part of this amendment. 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 district boundaries are logically drawn given the current property ownership boundaries and the existing PUD zoning. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed amendment is not necessary,per se; but it is being requested in compliance with the LDC provisions to seek such the amendment to allow the owner the opportunity to develop the land with uses other than what the existing zoning district would allow. PUDZ-PL20130001726;Vincentian PUD Page 13 of 17 March 19,2015 CCPC Revised: 2126115 Packet Page -109- 6/9/2015 9.B. Without this amendment, the property could be developed in compliance with the existing PUD ordinance regulations. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed amendment, with the commitments made by the applicant and the stipulations offered by staff, can been deemed consistent County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes numerous restrictions and standards that are designed to address compatibility of the project. Development in compliance with the proposed PUD amendment 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 with the mitigation that will be provided by the developer (Developer Commitments). Staff believes the petition can be deemed consistent with the Transportation Element of the GMP. 8. Whether the proposed change will create a drainage problem; The proposed amendment should not create drainage or surface water problems. The developer of the project will be required to adhere to a surface water management permit from the SFWMD in conjunction with any local site development plan approvals and ultimate construction on site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this amendment petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUP document. The setbacks and project buffers will help insure that light and air to adjacent areas will not be substantially reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area,. This is a subjective determination based upon anticipated results,which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations, PUDZ-PL20130001726;Vincentian PUD Page 14 of 17 March 19,2015 CCPC Revised: 2/26/15 Packet Page -110- 6/9/2015 9.B. 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; If the proposed development complies with the Growth Management Plan through the proposed amendment, then that constitutes 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. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously, the applicant has reduced the intensity and density of the proposed project which keeps the proposed project more in line with the scale of the neighborhood. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the proposed GMPA and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed amendment is consistent with the GMP as it is proposed to be amended 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. Additional development anticipated by the PUD document would require considerable site alteration. 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. PUDZ-PL20130001726;Vincentian PUD Page 15 of 17 March 19,2015 CCPC Revised: 2126/15 Packet Page-111- 6/9/2015 9.B. 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: The applicant's agents conducted a duly noticed NIM on July 17, 2014, at South Regional Library. Please see the attached NIM synopsis and Question and Answer sheets provided by the agent. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed the staff report for this petition on February 19,2015. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward PETITION PUDZ-PL20130001726 to the BCC with a recommendation of approval subject to the approval of the companion Growth Management Plan amendment, Petition GMPA-PL2014-113,to amend the Subdistrict language. PUDZ-PL20130001726;Vincentian PUD Page 16 of 17 March 19,2015 CCPC Revised: 2/26/15 Packet Page -112- 6/9/2015 9.B. PREPARED BY: Ki'i' 061,44,4,-- ‘ ........... 027i 7 L5 is ESELEM,AICP, PRINCIPAL PLANNER DAT DEP. 'TMENT OF PLANNING AND ZONING REVIEWED BY: (?1. //.. ...A-- /s.---*RA ND V.BELLOWS,ZONING MANAGER DATE DEPARTMENT OF PLANNING AND ZONING .---� 3- a. - 1 r- MIKE BOSI, AICP,DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING APPROVED BY: ---'-'--7;7: ---) ,7-. --'-- Yet � --'NIC CCAS`ALA f, IDA D TOR DA"1'E GROWTH MANAGEMENT DIVISION 1 Tentatively scheduled for the April 28, 2015 Board of County Commissioners Meeting Attachment: MM synopsis February 25, 2015 memo from Corby Schmidt, AICP, Principal Planner, Comprehensive Planning Section 1 1 ,.p I PUDZ-PL20130001726;Vincentian PUD Page 17 of 17 March 19,2015 CCPC Revised: 2/17/15 Packet Page-113- 6/9/2015 9.B. ORDINANCE NO. 15- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS THE VINCENTIAN VILLAGE MPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 224 MULTIFAMILY RESIDENTIAL DWELLING UNITS, UP TO 250,000 GROSS SQUARE FEET OF COMMERCIAL LAND USES, A HOTEL LIMITED TO 150 ROOMS, AND AN ASSISTED LIVING FACILITY (ALF) AT 0.6 FAR. THE COMMERCIAL USES ARE SUBJECT TO CONVERSIONS AND LIMITATIONS IF THE PROJECT IS DEVELOPED AS MIXED USE OR IF A HOTEL OR ALF IS CONSTRUCTED. THE SUBJECT PROPERTY IS LOCATED AT THE SOUTHEAST CORNER OF SOUTHWEST BOULEVARD AND U.S. 41 IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 30.68+/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-37, THE VINCENTIAN PUD; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZ-PL20130001726] WHEREAS, Robert J. Mulhere of Hole Montes, Inc., representing Global Properties of Naples, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located at the southeast corner of the intersection of Southwest Boulevard and Tamiami Trail East (U.S. 41) in Section 32, Township 50 South, Range 26 East, Collier County, Florida, is changed from a Planned Unit Development (PUD) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for a 30.68+/- acre project to be known as the Vincentian Village MPUD, to allow construction of a maximum of 224 multifamily residential dwelling units, up to 250,000 gross square feet of commercial land uses, a hotel limited to 150 rooms, and an assisted Iiving facility (ALF) at 0.6 FAR, in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps as described in [14-CPS-01292/1180260/1] 141 Vincentian MPUD/PUDZ-PL20130001726 Page 1 oft Rev. 5/15/15 Packet Page -114- 6/9/2015 9.B. Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 99-37, known as the Vincentian Planned Unit Development, adopted on May 25, 1999 by the Board of County Commissioners of Collier County, Florida, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TIM NANCE, Chairman Approved as to form and legality: Heidi Ashton-Cicko `� Managing Assistant County Attorney Attachments: Exhibit A - Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit C-1 —ROW Section Exhibit D - Legal Description Exhibit E - Requested Deviations from LDC Exhibit F- Developer Commitments [14-CPS-01292/1180260/1] 141 Vincentian MPUD/PUDZ-PL20130001726 Page 2 of 2 Rev. 5/15/15 Packet Page-115- 6/9/2015 9.B. EXHIBIT A VINCENTIAN VILLAGE MPUD LIST OF PERMITTED USES PERMITTED USES: The PUD may be developed entirely as residential, entirely as commercial, or a mixture of residential and commercial uses. No building or structure, or part thereof, shall be erected, altered, or used, or land used, in whole or in part, within the Vincentian Village MPUD, for other than the following: TRACT MU—MIXED-USE DEVELOPMENT I. Principal Uses A. Multifamily and Townhome residential uses, up to 224 dwelling units. Residential development shall be limited to market-rate and Gap Housing units. Gap Housing shall be provided in accordance with the conditions and limitations set forth in Exhibit F. Developer Commitments, Paragraph VII, Gap Housing. B. Commercial Uses, subject to conversions in Exhibit B, Section III: Up to 250,000 square feet of gross floor area if the PUD is developed without residential dwelling units. If the PUD is developed with residential and commercial uses, the commercial uses shall not exceed 10 acres in size and 128,000 square feet of gross floor area. No single use shall exceed 65,000 square feet of gross floor area(GFA), with the exception of a group care facility, physical fitness facility, hotel, or department store, unless the single use is approved by the conditional use process outlined in the LDC. Commercial uses are further limited in this Section, I.B. 1. Accounting, auditing, and bookkeeping (8721). 2. Advertising agencies (7311). 3. Amusement and recreation services, (7911, 7922, community theater only), (7933, 7991, 7999 - miniature golf course, bicycle and moped rental, and yoga only). A recreational site for the use of the adjacent RV or mobile home parks may be developed on a maximum of three (3) acres of the PUD. 4. Apparel and accessory stores (5611-5699). 5. Architectural services (8712). 6. Auto and home supply stores (5531). 7. Automotive services (7549) except that this shall not be construed to permit the activity of"wrecker service (towing) automobiles, road and towing service." No outdoor paging or amplified sound systems shall be used. 8. Banks, credit unions and trusts (6011-6099). 9. Barber shops(7241, except for barber schools). 10. Beauty shops (7231, except for beauty schools). 11. Business consulting services (8748). Page 1 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5M[USZQB\PUD Document Final 5-15-15.docx Packet Page-116- 6/9/2015 9.B. 12. Business credit institutions (6153-6159). 13. Business services-miscellaneous (7311, 7322-7338, 7371-7379, 7384, 7389, except for except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories- telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, product sterilization, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, textile designers, textile folding, tobacco sheeting, window trimming, and yacht brokers). 14. Child day care services (8351). 15. Civic, social, and fraternal associations (8641). 16. Computer and computer software stores (5734). 17. Department stores (5311). Accessory fuel pumps for membership warehouse facilities subject to Section II, Accessory Uses, B.iv. 18. Drug stores (5912). 19. Eating and drinking places (5812 and 5813, excluding bottle clubs). All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 5.05.01. 20. Educational plants and services (8211, 8221-8222). 21. Essential services, subject to section 2.01.03 22. Food stores (groups 5411-5499). Accessory fuel pumps subject to Section II, Accessory Uses, B.iv. 23. Garment pressing, and agents for laundries and drycleaners (7212). 24. General merchandise stores (5331-5399). Accessory fuel pumps for membership warehouse facilities subject to Section II,Accessory Uses, B.iv. 25. Glass, Paint, and Wallpaper stores (5231). 26. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 429 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651; as defined in the LDC and all subject to section 5.05.04. of the LDC (hereinafter collectively or singularly referred to as "Assisted Living Facility"). 27. Hardware stores (5251). 28. Health services, offices and clinics (8011-8049, 8072, 8092, and 8099). 29. Home furniture and furnishings stores (5712-5719). 30. Home health care services (8082). 31. Hospitals (8062). 32. Hotels (7011, hotel only), limited to 150 rooms. 33. Household appliance stores (5722). 34. Insurance carriers, agents and brokers (6311-6399, 6411). Page 2 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx Packet Page -117- 6/9/2015 9.B. 35. Landscape architects, consulting and planning(0781). 36. Legal services (8111). 37. Management services (8741, 8742). 38. Medical equipment rental and leasing (7352). 39. Membership organizations, miscellaneous (8611, 8699 - excluding Humane society, animal). 40. Mortgage bankers and loan correspondents (6162). 41. Motion picture theaters (7832- except drive-in). 42. Museums and art galleries (8412). 43. Musical instrument stores (5736). 44. Nursing and personal care facilities (8051). 45. Photographic studios,portrait(7221). 46. Public administration (groups 9111-9199, 9229, 9311, 9411, 9451, 9511-9532, 9611-9661). 47. Public relations services (8743). 48. Radio, television and consumer electronics stores (5731). 49. Radio, television and publishers advertising representatives (7313). 50. Real Estate (6512, 6531-6552). 51. Record and prerecorded tape stores (5735), excluding adult-oriented sales and rentals. 52. Religious organizations (8661) with 10,000 square feet or more of gross floor area in the principal structure. 53. Repair services, miscellaneous (7629-7631, 7699 - bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 54. Retail nurseries, lawn and garden supply stores (5261). 55. Retail services - miscellaneous (5921, 5941-5963 except pawnshops, 5992-5999 except auction rooms, awning shops, fireworks- retail, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). 56. Security and commodity brokers, dealer, exchanges and services (6211 6289). 57. Shoe repair shops and shoeshine parlors (7251). 58. Social services, individual and family (limited to 8322 activity centers for elderly or handicapped only; day care centers for adult and handicapped only). 59. Surveying services (8713). 60. Tax return preparation services (7291). 61. Travel agencies (4724, no other transportation services). 62. United State Postal Service (4311, except major distribution center). 63. Veterinary services (0742, excluding outside kenneling). 64. Any other principal use which is comparable in nature with the forgoing list of permitted principal uses, as determined by the Board of Zoning Appeals or the Hearing Examiner by the process outlined in the LDC. II. Accessory Uses: Page 3 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\WindowsvTemporary Internet Files\Content Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx Packet Page -118- 6/9/2015 9.B. Accessory uses and structures customarily associated with the permitted principal uses and structures permitted by right in this MPUD, including, but not limited to: A. Residential Accessory Uses: 1. Recreational uses and facilities that serve the residents of the PUD, such as swimming pools, tennis courts, bocce ball, volleyball courts, walking paths, picnic areas, dog parks, playgrounds, fitness centers, and recreation/amenity buildings. 2. Customary accessory uses and structures to residential units, including carports, garages, and utility buildings. 3. Temporary sales trailers and model units. 4. Entry gate and gatehouse. B. Commercial Accessory Uses: 1. Outside storage or display of merchandise when specifically permitted by the LDC for a use, subject to LDC Section 4.02.12. 2. One caretakers residence, subject to LDC Section 5.03.05. 3. Temporary display of merchandise during business hours provided it does not adversely affect pedestrian or vehicular traffic or public health or safety as determined by the County. Merchandise storage and display is prohibited within any front yard but allowed within the side and rear yards of lots. 4. Fuel pumps accessory to a grocery store or membership warehouse type facility, greater than 15,000 square feet of gross floor area, no closer than 300 feet to a residential use. 5. Fast food restaurants (with drive-through facilities), limited to two (2) restaurants. This limitation does not apply to coffees shops with on-site brewing. III. Conditional Uses The following use is permissible as a conditional use, subject to the standards and procedures established in section 10.08.00. 1. Automotive vehicle dealers (5511), limited to new automobile dealers only. TRACT L—LAKE & WATER MANAGEMENT FACILITIES: PERMITTED USES: No building or structure, or part thereof, shall be erected, altered, or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Storm water management treatment, conveyance facilities, and structures, such as berms, swales, and outfall structures. 2. Passive recreational facilities in support of residential and/or commercial uses or for use by the adjacent Hitching Post Mobile Home Park, including but not limited to boardwalks, trails, pervious pathways, picnic areas, and recreational shelters. Should Page 4 of 16 fror C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx Packet Page-119- 6/9/2015 9.B. such passive recreational facilities be developed, this shall not affect the maximum intensity or density permitted in this PUD. Any other principal use which is comparable in nature with the forgoing list of permitted principal uses, as determined by the Board of Zoning Appeals or the Hearing Examiner by the process outlined in the LDC. The stormwater lake depicted on the Master Plan (Tract L) shall be a minimum of 120 feet in width measured from the PUD boundary and inclusive of the perimeter landscape buffer easement and lake maintenance easement. TRACT P—PRESERVE: PERMITTED USES: No building or structure, or part thereof, shall be erected, altered, or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Preservation of native habitat. B. Accessory Uses, allowed if additional acreage, above the minimum required, is provided in Tract P: 1. Storm water management structures. 2. Pervious and impervious pathways and boardwalks, consistent with LDC Section 3.05.07 H.I.h.i. 3. Shelters without walls. 4. Educational signage and bulletin boards located on or immediately adjacent to the pathway. 5. Benches for seating. 6. Viewing platforms. 7. Any other use which is comparable in nature with the forgoing list of permitted accessory uses, as determined by the Hearing Examiner by the process outlined in the LDC. The minimum width of Tract P, or Tract P and the stormwater management lake (Tract L) in combination, as depicted on the Master Plan, shall be 65 feet. DEVELOPMENT INTENSITY STANDARDS: Intensity of uses under any development scenario is limited to the two-way, unadjusted average weekday, pm peak hour trip entering/exiting generation of 1,107 total trips utilized in the TIS dated 10/18/13 (gross trips), allowing for flexibility in the proposed uses without creating unforeseen impacts on the adjacent roadway network. Page 5 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\windows\Temporary Internet Files\Content.Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx Packet Page-120- 6/9/2015 9.B. EXHIBIT B VINCENTIAN VILLAGE MPUD DEVELOPMENT STANDARDS The table below sets forth the development standards for residential and commercial land uses within Tract MU of the Vincentian Village MPUD. 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. I. RESIDENTIAL & COMMERCIAL DEVELOPMENT STANDARDS CLUBHOUSE/ RECREATION MULTI-FAMILY TOWNHOUSE t BUILDINGS COMMERCIAL PRINCIPAL STRUCTURES MIN.LOT AREA 3,000 S.F.PER UNIT 1,800 S.F.PER UNIT N/A 1 10,000 S.F. MIN.LOTWIDTH 90 FEET 21 FEET N/A 100 FEET MIN.FLOOR AREA 1,250 S.F./D.U. 1,250 S.F./D.U. N/A 700 S.F.2 MINIMUM YARDS(External—measured from the PUD boundary)3 From Tamiami Trail and SW 50 FEET 50 FEET 50 FEET(Tamiami 50 FEET Blvd. Trail) 25 FEET(Southwest Blvd.) From adjacent RSF-4 zoned 75 FEET 75 FEET 75 FEET 75 FEET property From adjacent MH zoned 75 FEET 75 FEET { 25 FEET ! 75 FEET property I I ' From adjacent C-3 zoned 25 FEET 25 FEET 25 FEET 25 FEET property MINIMUNI YARDS(internal—measured from internal lot lines) Min. Front Yard c 20 FEET 4 20 FEET° 20 FEET 10 FEET Min, Side Yard 15 FEET 0 or 10 FEET 15 FEET 10 FEET Min. Rear Yard 15 FEET 15 FEET 15 FEET 10 FEET Min. Preserve Setback 25 FEET 25 FEET 25 FEET 25 FEET Min. Lake Setback 3 20 FEET 20 FEET 20 FEET 20 FEET MIN.DISTANCE BETWEEN 115 FT or%3 sum of 10 FT or Y2 BH, I O FEET 20 FT or'/2 sum of STRUCTURES 13H,whichever is whichever is greater BH,whichever is greater greater MAX.BUILDING HEIGHT 35 FEET 35 FEET 35 FEET 45 FEET NOT TO EXCEED(ZONED) MAX. BUILDING HEIGHT 42 FEET`' 42 FEET° 42 FEET 52 FEET f NOT TO EXCEED(ACTUAL) MAX.FAR N/A N/A N/A a 0.6 MAX.GROSS FLOOR AREA N/A N/A N/A 250.000 SF'- ACCESSORY S_T_R__UC_T_UR__ES FRONT SPS SPS y SPS SPS SIDE IO FEET I I FEET 10 FEET —�—1 5 FEET REAR 10 FEET ( 10 FEET 110 FEET 5 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET { 10 FEET MIN. LAKE SETBACK Y0 5 FEET 5 FEET 5 FEET 15 FEET MAX. BUILDING HEIGHT I SPS SPS SPS SPS NOT TO EXCEED(ZONED) MAX.BUILDING HEIGHT SPS SPS SPS SPS NOT TO EXCEED(ACTUAL) I. Defined as a group of three or more units. . Page 6 of 16 C:\llsers\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx Packet Page -121- • 6/9/2015 9.B. 2, Per principal structure,on the finished first floor;not applicable to Kiosks. 3. Dumpsters and dumpster enclosures shall not encroach into the stated perimeter PUD setbacks. 4. Front yards shall be measured as follows: — If the parcel is served by a public right-of-way,setback is measured from the adjacent right-of-way line. — If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement(if not curbed). — If the parcel has frontage on two streets, the frontage providing vehicular access to the unit shall be considered the front yard.The other frontage shall be considered a side yard. — In no case shall the setback be less than 23 feet from the edge of an adjacent sidewalk, except in the case of side-loaded garages,designed such that a vehicle can be parked in the driveway in such a manner so as not to conflict with,or encroached upon,the adjacent sidewalk. 5. As measured from the Control Elevation. 6, Not to exceed two stories. 7. Commercial buildings located within 500 feet of US 41 may be developed at a building height of 50 feet zoned and 57 feet actual. 8. Applies to the following use:Assisted Living Facilities. 9. Subject to Land Use Conversion Factors,Exhibit 13.Section III. 10. Zero feet if a 20' Lake Maintenance Easement is provided in a separate tract at time of platting. II. Design Standards A. Architectural Theme. i. All buildings, signage, landscaping, and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials throughout all of the buildings, signs, and fences/walls to be erected on the subject parcel. ii. Landscaping and streetscape materials shall also be similar in design throughout the subject site. An architectural plan shall be submitted concurrent with the first application for the Site Development Plan approval demonstrating compliance with these standards. B. Residential Amenities. The following amenities shall be provided in association with any residential development (other than a caretaker's residence), no later than issuance of the certificate of occupancy for the 92nd dwelling unit: i. Resort-style swimming pool. ii. Clubhouse. iii. Fitness center. iv. Dog park. v. Children's playground area/tot lot. vi. Tennis court or bocce ball court. vii, Gated entry. viii. On-site property management if developed as a rental community. ix. Fence, wall or hedge along adjacent public right-of-way (i.e. Tamiami Trail and/or Southwest Boulevard, as applicable). When planting a hedge, it shall include decorative columns minimum of 24" x 48", spaced no more than 30 feet on center, and a hedge a minimum of 30 inches in height at time of planting, that achieves 80 percent opacity and a minimum 4 feet in height within one year of planting. Page 7 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content Outlook\SMIUSZQB\PUD Document Final 5-15-15.docx Packet Page-122- 6/9/2015 9.B. C. Residential Construction. For residential development,the following shall be required: i. Concrete Masonry Unit construction and stucco, or approved equivalent. ii. Cement or slate tile roof or approved equivalent. iii. Minimum 9-foot ceiling heights within first-floor of units. iv. Concrete pavers at entrance/exit. III. Land Use Conversion Factors: A. Commercial Only Development: Commercial uses shall be limited to a maximum of 250,000 square feet of gross floor area (GFA), one hotel (maximum of 150 rooms), and an assisted living facility (maximum FAR 0.6). Additionally, for every acre, or portion thereof, of hotel or Assisted Living Facility, the maximum allowable commercial GFA shall be reduced by 10,000 square feet or portion thereof for fractional amount under an acre. B. Mixed Use (Residential and Commercial) Development: The commercial portion of the project shall not exceed 10 acres in size and a maximum of 128,000 square feet of GFA of commercial uses, a 150-room hotel, and an Assisted Living Facility at a 0.6 FAR. Additionally, for every acre, or portion thereof, of hotel or Assisted Living Facility, the maximum allowable commercial GFA shall be reduced by 10,000 square feet or portion thereof for fractional amount under an acre. Residential density shall be limited to a maximum density of 7.3 units per acre, calculated on the gross acreage of the property, exclusive of any commercial portions, for a maximum of 224 multi-family and/or townhouse dwelling units. Page 8 of 16 C1 Users\ashton_h\AppData\Local Microsoft\Windows\Temporary Internet Files\Content Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx Packet Page-123- _ I 6/9/2015 9.B. ?Dative Vegetation and Open Space C-5 ZONING Existing Native Vegetation. 29.77 Ac. Min On-site Native Preservation Req'd GAS . .. .. WHISTLER'S '29.77x95%-4.46Ac. STATION 20 TYPE D COVE - KM lilt Min Open Space Req'd(Comm.or Mixed-Use) LANDSCAPE Min Open -9.20 Ac BUFFER \ Min Open Space Required(Residential Only}r GPa� �,/,///\c/ 1:30.68 x 60114 -18.41 Ac JP •,'/ / \ , \` i O >o!, 20'TYPE "D" \ '�9,L, TRAIL ACRES -,�.0. LANDSCAPE `„� �,F & 144,� RSF-4 ZONING rv.`-� Q`�` BUFFER �` ,Q'y��.p a 200 400 % ON)/.. 4. , \ <, TRACT "MU" ,/ MIXED USE ` , ~ . , LANDSCAPE BUFFER EXISTING 15 U.E. PER LDC REQUIREMENTS ' `n,• \\. DEVIATION#2 EXISTING 15 U.E.--�' CL N\ N \ WALL LOCATION PO N IAL FU UR Z I s a cr BiKE\PED r---- &o, U $ \, \:,, INTERCONNECTION / 1; If F ��'s "N 15'TYPE "B" _ =1 °4, `l�. LANDSCAPE I s' \\ \Yy��BUFFER 15' TYPE "B w 4\' / i� `�, J LANDSCAPE / ,i 0 CLi) ,,t _lam` "rte *, BUFFER jt (I O = cr � TRACT "P.1 7 ;i m �, ? / TRACT 7,-! _ 2 ,4, PRESERVE . i \,ti , ■t+Lei t 14 Land Use Summar ♦t �/ LAKE ' \, EXISTING 15'U. i ' IDescription Acreaee Percent \� ,Mixed-Use(Tract MU) 22.05 T1.9% '� �Ni,., EXISTING 15'U.E. t Lake(Tract L) ) 30.68 9)0 0° \ ' Preserve ract P 4.46 I 14 5!0 . TOTAL EXISTING 15'U.E.--- TRAIL ACRES RSF-4 ZONING , MAXIMUM DWELLING UNITS;224 MAXIMUM GROSS FLOOR AREA:250,000 SF,SUBJECT TO LAND USE CONVERSION FACTORS,SEE EXHIBIT B,SECTION III. 'MIMI VINCENTIAN VILLAGE MPUD "'S'"`°gg { 9$0 Encore Way R.Y,/P.Y. i��d1/2011 Naples, 2 34110 '�"""�` wx r� 01/2014 Phone.(239)2542000 MASTER PLAN TVA r', Ot/2014 HOLE MONTES Florida Certificate of , ^,,,;, "it ERUNERSRAIIMinSURYETCRS Authorization No 1772 EXHIBIT C '"''.3-23-2015 Page 9 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx Packet Page -124- I 6/9/2015 9.B. I , U I-- g tg 1 i $ 0 / CI gtei E N I N j1 u) A It } ;'. (43, a -r-- ; -- k, .," in) Q Q f �' f o Z T- O W 'r'1 0 i �,� z z ° 1 FE I u)> t �- . .; w 3 0 IUU J .f, o Z � � 0 0 }, m cV • = Z } S O X 0 w 0 aw W !uj 0:Iii $ , rG 4 I "5 z I— VI J 2 t 0 o w Z W ~ L J Cr/ 5.O C G h N 0 3 w n quw o N ' ''' ,, s C f- O o aW 2 W Q^,- tia a 4 (V) ¢ u ° o•fo Z = a L—ii O i t 7: Q Z r ., .i Cif z�+ ‹ in — W a! r•l Q In O I- (.) tJ r in d w 31 4., Lai 1 Z— � Z I- d ,'tt, e-• N ,, Li, ny7 U'7 i. '" H o C G .;0 1 1 ~ ko. AA V Je 5-15-15.docx Packet Page-125- 6/9/2015 9.B. EXHIBIT D VINCENTIAN VILLAGE MPUD LEGAL DESCRIPTION A parcel of Land located in Section 32, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND RUN SOUTH 02°48'46" WEST ALONG THE EAST LINE OF SAID SECTION 32, A DISTANCE OF 1718.03 FEET TO AN INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41 (TAMIAMI TRAIL) AND TIIE POINT OF BEGINNING; THENCE CONTINUE SOUTH 02°48'46" WEST ALONG SAID EAST LINE OF SECTION 32, A DISTANCE OF 884.02 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 32 AND THE NORTH LINE OF LOTS FORMERLY IN TRAIL ACRES UNIT 3 AS RECORDED IN PLAT BOOK 3, PAGE 94 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (VACATED BY INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 189, PAGE 792); THENCE RUN NORTH 87°30'18" WEST ALONG SAID FORMER NORTH LINE OF TRAIL ACRES UNIT 3 AND THE NORTH LINE OF TRAIL ACRES UNIT 4 AS RECORDED IN PLAT BOOK 7, PAGE 103 OF SAID PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, A DISTANCE OF 695.96 FEET; THENCE RUN NORTH 39°04'37" WEST ALONG SAID NORTH LINE OF TRAIL ACRES UNIT 4 AND THE NORTH LINE OF SAID TRAIL ACRES UNIT 3, A DISTANCE OF 1081.98 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SOUTHWEST BOULEVARD; THENCE RUN NORTH 50°56'59" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1007.8.5 FEET TO AN INTERSECTION WITH SAID SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41 (TAMIAMI TRAIL); THENCE RUN SOUTH 39°03'26" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 77.05 FEET TO THE POINT OF CURVATURE OF A CURVE BEING CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 3210.55 FEET, A CENTRAL ANGLE OF 14°34'44" AND A CHORD BEARING AND DISTANCE OF SOUTH 46°20'49" EAST, 814.73 FEET, RESPECTIVELY; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE AND THE SOUTHERLY RIGHT-OF-WAY LINE, AN ARC DISTANCE OF 816.93 FEET TO THE SAID POINT OF BEGINNING. Subject to easements, reservations or restrictions of record. Page 11 of 16 C.^\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx Packet Page -126- 6/9/2015 9.B. EXHIBIT E VINCENTIAN VILLAGE MPUD LIST OF REQUESTED DEVIATIONS FROM LDC Deviation 1: From LDC Section 6.06.01.N, requiring a minimum right-of-way width of 60 feet for local street rights-of-way, to allow for a minimum 42 foot right-of-way internal to the proposed development. Deviation 2: From LDC Section 5.03.02.H Wall requirement between residential and nonresidential development, which requires, wherever a nonresidential development lies contiguous to a residentially zoned district, that a masonry wall, concrete or pre-fabricated concrete wall and/or fence be constructed on the nonresidential property, no less than 6 feet from the residentially zoned district, to allow the wall to be located more than 6 feet from the residentially zoned district, as generally depicted on Exhibit C, Master Plan. Deviation 3: From LDC Section 5.05.04.D.1 Group Housing, which establishes a maximum floor area ratio of 0.45 for care units, assisted living units, continuing care retirement communities, nursing homes, and dwelling units that are part of an aging-in-place living environment, to allow a maximum floor area ratio of 0.6 for an Assisted Living Facility. Page 12 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content Outlook\SMIUSZQB\PUD Document Final 5-15-15.docx Packet Page -127- 6/9/2015 9.B. EXHIBIT F VINCENTIAN VILLAGE MPUD LIST OF DEVELOPER COMMITMENTS 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 MPUD. At the time of this PUD approval, the Managing Entity is Global Properties of Naples, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document, 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 MPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity will not be relieved of its responsibility under this Section. When the MPUD is closed out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. II. ENVIRONMENTAL The site contains approximately 29.77 acres of native vegetation, of which approximately 37 percent (11.12 acres) is covered with more than 75 percent exotic vegetation. For a commercial or industrial project within the Coastal High Hazard Area, 15 percent of existing native vegetation must be retained (15% of 29.77 acres = 4.46 acres). The preserve as depicted on the Master Plan contains 4.46 acres. For a residential or mixed- use project within the Coastal High hazard Area, the minimum required is 25 percent, or 7.44 acres (25% of 29.77 acres). Therefore, at time of site development, the developer will either: A. Preserve all required native vegetation on-site (25% for residential only or mixed use, 15% for commercial only development), or B. Preserve a minimum of 15% of native vegetation on-site and mitigate for up to 2.98 acres (7.44 acres — 4.46 acres) of the on-site native vegetation preservation retention requirement off-site, either by monetary payment or by land donation, consistent with the provisions of the Vincentian Subdistrict of the Future Land Use Element of the Growth Management Plan and Section 3.05.07 H.1.f of the Land Development Code. Page 13 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx Packet Page -128- 6/9/2015 9.B. III. TRANSPORTATION A. Intensity of uses under any development scenario for the PUD is limited to the two-way, unadjusted, average weekday, pm peak hour trip entering/exiting generation of 1,107 total trips utilized in the TIS dated 10/18/13 (gross trips). B. Owner, its successor or assigns, shall convey a road right-of-way easement to Collier County, free and clear of all liens and encumbrances, for the widening of Southwest Boulevard for the purpose of constructing turn-lane improvements to service the Subject Property if turn lane improvements are required as a result of the development. The easement shall be at no cost to Collier County and shall be for the same width and length as the turn-lane improvements being constructed to service the Subject Property. Any required turn-lane improvements at the intersection of Southwest Boulevard and Tamiami Trail East shall be exempt from the compensating ROW provision. Developer shall have the option, so long as the improvements meet Collier County standards and subject to County approval, to construct and relocate the existing County stormwater and utility improvements on the East side of SW boulevard onto the subject property in lieu of any compensating ROW easement. Drainage and utility easements to accommodate these improvements will be conveyed by Owner to the County, at no cost to the County, free of any encumbrances or liens. The utilities and stormwater to be relocated shall only be in the area where the required turn lane improvements servicing the site are to be constructed. C. The owner and developer are responsible for actual construction costs associated with intersection improvements at Southwest Blvd. and U.S. 41 necessitated as a result of impacts from this development and proportionate share for signal upgrades. The owner and developer of Vincentian PUD are only responsible for modifications and intersection upgrades needed as a result of this development, which will not include any cost reimbursement for the traffic signal at Southwest Blvd. and US 41. IV. UTILITIES County water and sewer service is available via transmission mains located along US 41, Southwest Blvd and the eastern boundary of the subject property. The owner and developer are responsible for providing necessary connections to supply the site with County water and sewer service. V. PLANNING A. If the PUD is developed with residential uses only, the project will provide a minimum of 60 percent open space. Otherwise, the minimum open space shall be 30 percent. Page 14 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx Packet Page-129- 6/9/2015 9.B. B. The developer of any group housing or retirement community, its successors or assigns, shall provide the following services and be subject to the following operational standards for the units in the retirement community, including, but not limited to, independent living units, assisted living units, or skilled nursing units: Operational Characteristics for Senior Housing Senior housing may be composed of one or more types of care/housing facilities. These care/housing types are limited to independent living, assisted living, and skilled nursing units, each of which can have varying operational characteristics. The following characteristics of senior housing care units distinguish them from residential land uses, and all of the characteristics must be provided for and maintained to be considered a senior housing care unit: • The facility shall be for residents 55 years of age and older; • There shall be on-site dining facilities to the residents, with food service being on-site, or catered; • Group transportation services shall be provided for the residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents needs, including but not limited to medical office visits; • There shall be an onsite manager/activities coordinator to assist residents who shall be responsible for planning and coordinating stimulating activities for the residents; • An on-site wellness facility shall provide exercise and general fitness opportunities for the residents; • Each unit shall be equipped with devices provided to notify emergency service providers in the event of a medical or other emergency; • Independent living units shall be designed so that a resident is able to age in place. For example, kitchens may be easily retrofitted by lowering the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted by adding grab bars. C. Landscape buffer easements (LBEs) are shown on the Master Plan within utility easements. At time of SDP, letters of no objection from all utility holders shall be obtained by owner or developer. If such approvals cannot be obtained, LBEs shall be relocated outside of utility easements. D. Tract P, Preserve, where it is dense enough to provide equivalent buffering per the LDC, may count towards minimum buffering requirements. The minimum width of Tract P, or Tract P and the stormwater management lake (Tract L) in combination, as depicted on the Master Plan, shall be 65 feet. Page 15 of 16 C:\Users\ashton_h\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx Packet Page -130- 6/9/2015 9.B. E. A 15' Type B Landscape Buffer is required if residential development occurs on the subject site adjacent to the Hitching Post Plaza property. F. The stormwater lake depicted on the Master Plan (Tract L) shall be a minimum of 120 feet in width measured from the PUD boundary and inclusive of the perimeter landscape buffer easement and lake maintenance easement. G. The Master Plan is conceptual in nature and is subject to modifications at time of Plans and Plat (PPL) or Site Development Plan (SDP) approval due to agency permitting requirements. H. For commercial uses, amplified sound shall not be permitted within 125 feet of the PUD perimeter boundary adjacent to RSF-4 or MH—Mobile Home zoning. In order to further buffer existing and potential new adjacent residential development from noise associated with amplified sound and outdoor dining areas, such areas shall be separated from existing and potential new adjacent residential development by the principal commercial structure and shall not break the side plane of the building. Amplified sound of any type shall be limited to the hours of 7:00 AM to 11:00 PM. These restrictions do not apply to drive-through ordering devices. Any deviation from this standard shall be approved by the conditional use process outlined in the LDC. I. If developed as mixed-use or commercial, at time of the first Site Development Plan, the developer shall provide, to the maximum extent feasible, internal connectivity through shared parking and cross-access agreements. VI. EMERGENCY MANAGEMENT If more than 92 dwelling units are constructed, the developer shall provide, prior to issuance of a certificate of occupancy for the 93rd dwelling unit, a new, quiet-running, extended run-time towable 45kw (minimum-kw) generator per Emergency Management's specifications. The towable generator will be a one-time developer contribution based on the number of units permitted at time of SDP to meet the hurricane mitigation impact for evacuation concerns. The generator specifications must be pre- approved by the Department of Emergency Management as the County has certain inter- operable standards and required safety options. VII. GAP HOUSING The Developer shall provide Gap Housing in accordance with the GAP Housing Agreement between the Board of Collier County Commissioners and the Developer. Page 16 of 16 C:\Users\ashton_htAppData\Local\Microsoft\Windows\Temporary Internet Files\Content Outlook\5MIUSZQB\PUD Document Final 5-15-15.docx Packet Page-131- 6/9/2015 9.B. • AGREEMENT CONFIRMING GAP HOUSING AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY This AGREEMENT is made of the day of , 2015 by and between Global Properties of Naples, LLC (the "Developer") and the Collier County Board of County Commissioners (the"Commission"), collectively, the "Parties". RECITALS: A. The Developer owns a tract of real property described in Exhibit "A" attached hereto and incorporated herein (the "Property"). It is the Developer's intent to construct a maximum of 224 market rate and GAP residential units on the Property. B. The Property is located within Vincentian Mixed-Use Subdistrict within the Future Land Use Element of the Growth Management Plan(the"GMP"). C. Pursuant to Collier County Ordinance No. 15-_, the Property is zoned Vincentian Village MPUD (the "PUD"). NOW, THEREFORE, in consideration of the approval and grant of the density set forth in the GMP and PUD, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as follows: 1. The above Recitals are true and correct and are incorporated herein by reference. 2. The Developer agrees that a minimum of 40%, as further described in Exhibit "C" attached hereto of the dwelling units constructed above the allowable base density of 3 units per acre shall be offered first to persons who qualify for GAP Housing (persons earning between 81% and 150% of the Naples-Marco Island Metropolitan Statistical Area [MSA] annual median income at the time of income qualification). 3. In lieu of an identified sales price for the GAP Housing units, a range of prices has been established, subject to the provisions in Exhibit "C"; and the pricing shall be based upon the qualified buyer's income to spend no more than 30% of their qualified income for principal, interest, taxes and insurance at the time of purchase. The Developer shall designate the units it intends to offer to those qualifying for GAP Housing. 1 Packet Page-132- 6/9/2015 9.B. 4. Initial Offering: The GAP Housing units shall be marketed for purchase by persons qualifying for GAP Housing for 2 years from the date of issuance of the certificate of occupancy (CO) for Gap Housing unit. In the event a qualified buyer for the unit has not signed a contract for purchase within the 2 year period, the developer may sell the unit to a non GAP Housing qualifying purchaser. 5. Resale: If a unit is initially sold to a person qualifying for GAP Housing, the above GAP Housing requirement to market the unit for purchase by persons qualifying for GAP Housing shall exist for a period of five years from the date of issuance of CO for that Gap Housing unit. 6. Hardship: In the case of resale of a designated GAP Housing unit, the requirement to market a unit for purchase by persons qualifying for GAP Housing for five years may be waived by the Board of County Commissioners in its sole discretion if one or more of the following hardship conditions exists: • The owner is transferred to, or otherwise obtains employment in, a location more than 50 miles from the Vincentian Village MPUD. • If a unit is listed for resale by person(s) qualifying for GAP Housing for a period of 365 days without the unit selling to a person qualifying for GAP Housing. The 365 day reservation period commences on the date the unit is offered for resale. • 50% or more reduction in employment hours or salary or earnings by employer(not a result of owner's actions/requests). • Documented on-going loss of 50%or more of child support payment for more than 90 days. • Out of work due to medical for more than 90 days and without pay or 50% reduction in pay. • Fire and or damage to 50% or more of the unit. • Active military deployment or transfer. • Family divorce • Unexpected financial loss due to burglary/cyber crime resulting in theft of more than 50%of the owners funds at the time of the loss. 2 Packet Page-133- 0 6/9/2015 9.B. • Loss of 50% or more of the family income due to death of family member (spouse, domestic partner, father, mother, child, siblings, grandchild, grandparents). • Any additional hardship as approved by the Board of County Commissioners. A written request for hardship waiver from the requirement to reserve a unit for purchase by persons qualifying for GAP Housing for five years shall be submitted to the County Manager or designee by the unit owner. Such request shall indicate the nature of the hardship and provide reasonable evidence of such hardship as may be requested by the County Manager or designee. 7. Compliance: The Developer shall provide an annual written compliance report to Collier County Community and Human Services Division (CCHSD) commencing with the issuance of the first CO for a residential dwelling unit identified to be offered to those who qualify as GAP Housing. This requirement shall conclude when the required number of units have been purchased by persons qualifying for GAP Housing or are sold to others under the provisions herein, whichever occurs first. The report shall include a summary related to the sale of units to persons who qualify for GAP Housing, and the number of such units sold during the reporting period and in total. Conditions set forth herein related to the resale of such units shall be set forth in the purchase agreement or other legal document as may be acceptable to the County Attorney. Compliance related to resale of such units shall be the responsibility of the unit owner. CCHSD shall periodically monitor the developer to ensure proper gap housing availability and income certification procedures have been followed. The annual progress and monitoring report shall, at a minimum, require additional information reasonably helpful to ensure compliance with this section and provide information with regard to GAP Housing in Collier County. Failure to complete and submit the monitoring report to the County Manager or his designee within 60 days from the due date will result in a penalty of up to $50.00 per day per incident or occurrence unless a written extension not to exceed 30 days is requested prior to expiration of the 60-day submission deadline. 3 Packet Page-134- 6/9/2015 9.B. 8. Income Verification and Certification: The determination of eligibility of GAP Lncome families, as determined by the developer or developer's agent, to buy and occupy GAP Housing units is as follows: (1) submittal of an application by a buyer; (2) verification of family income; and (3) execution of an income certification. All three shall be accomplished prior to a buyer being qualified as an eligible family to purchase and occupy a GAP Housing unit within the Development. No person shall occupy a GAP Housing unit prior to being income qualified by the Developer. • The Developer shall be responsible for accepting applications from buyers, verifying income and obtaining the income certification for its development and documentation must be provided to the County Manager or his designee prior to qualification of the buyer as a GAP Income family. The County Manager or his designee shall review all documentation provided, and may verify the information provided from time to time. Prior to occupancy by a qualified buyer, the developer shall provide to the County Manager or his designee, at a minimum, the application for GAP Housing qualification, including the income verification form and the income certification form, and the purchase contract for that qualified buyer. Random inspections to verify occupancy in accordance with this section may be conducted by the County Manager or his designee. • Application. A potential buyer shall apply to the Developer, owner, manager, or agent to qualify as GAP Income for the purpose of occupying a GAP Income unit. The application for GAP Housing qualification shall be in a form provided by the County Manager or his designee and may be a part of the income certification form. • Income verification. The Developer shall obtain written verification from the potential occupant(including the entire household) to verify all regular sources of income (including the entire household). The written verification form shall include, at a minimum, the purpose of the verification, a statement to release information, employer verification of gross annual income or rate of pay,number of hours worked, frequency of 4 Packet Page-135- GP 6/9/2015 9.B. pay, bonuses, tips and commissions and a signature block with the date of application. The verification may take the form of the most recent year's federal income tax return for the potential occupants (including the entire household), a statement to release information, and a signature block with the date of application. The verification shall be valid for up to 90 days prior to occupancy. Upon expiration of the 90-day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. • Income certification. Upon receipt of the application and verification of income, an income certification form shall be executed by the potential buyer (including the entire household) prior to sale and occupancy of the GAP Housing unit by the owner. Income certification that the potential occupant has a household income that qualifies the potential occupant as an eligible family to buy and occupy a GAP Housing unit. The income certification shall be in a form provided by the County Manager or his designee. • When the Developer advertises, sells or maintains the GAP Housing unit, it must advertise, sell, and maintain the same in a nondiscriminatory manner and make available any relevant information to any person who is interested in purchasing such gap housing unit. The Developer shall agree to be responsible for payment of any real estate commissions. The GAP Housing units in the development shall be identified on all building plans submitted to the County. The GAP Housing units can be re-designated throughout the development from time to time so long as the developer notifies the County Manager or designee in writing. (1) The Developer shall not disclose to persons, other than the potential buyer, real estate agent, or lender of the particular gap housing unit or units, which units in the development are designated as GAP 5 Packet Page-136- 6/9/2015 9.B. Housing units. The, construction and design of the GAP Housing units shall be the same as other market rate dwelling units in the development which have the same square footage. The affordable housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. (2) This Agreement shall constitute covenants, restrictions, and conditions which shall be a deed restriction on the unit until the requirement to release the restriction has been met whereby the deed restriction shall cease to exist. 9. The following provisions shall be applicable to the GAP Units: (1) Defined terms: In the event of a conflict between terms as defined in the Land Development Code (LDC) or in the PUD Ordinance, the definitions of the LDC will control when applying or interpreting this Agreement. (2) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples-Marco Island MSA, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Exhibit "B", which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median Income. 10. Occupancy Restrictions. No GAP Housing unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 11. Violations. It shall be a violation of this Agreement to sell, rent or occupy, or attempt to sell, rent or occupy, a GAP Housing unit except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Community and Human Services Department or by any other person(s)within the County. Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement fora breach or violation of this 6 Packet Page-137- GP 6/9/2015 9.B. Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. 12. Certificate of Occupancy. In the event that the Developer fails to maintain the GAP Housing units in accordance with this Agreement, as it may be amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement, as it may be amended. 13. Assignment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission. The Developer shall provide written notice to the County of the assignment to a successor in interest to the property and shall be relieved of any further obligations under this Agreement. The written notice to the County shall include the successor's acknowledgment that it is bound by the terms of this Agreement. 14. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the Parties. 15. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by email, mail, postage prepaid, to the Parties at the following addresses: a. Collier County Community and Human Services Department 3339 Tamiami Trail East, Suite 211 Naples, Florida 34112 b. Global Properties of Naples, LLC c/o Christopher Shucart 2614 Tamiami Trail North, Suite 615 Naples, FL 34103 7 Packet Page-138- CA 6/9/2015 9.B. Any Party may change the address to which notices are to be sent by notifying the other Party of such new address in the manner set forth above. 16. Indemnify. The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of litigation and judgments arising out of a claim, willful misconduct or negligent act, error or omission, or liability of any kind by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. 17. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time until the date that is five years from the date of issuance of the Certificate of Occupancy for the 1st residential unit in the PUD. However, the Parties agree that if Developer transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations 18. Recording. This Agreement shall be recorded at Developer's expense in the official records of Collier County, Florida. 19. Entire Agreement. The Parties hereto agree that this Agreement constitutes the entire Agreement between the Parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 20. Termination. The minimum number of GAP Housing units for sale or rent shall be deed restricted to remain and be maintained as the required affordable housing for a period of five (5) years from the date of issuance of the Certificate of Occupancy for the 1St residential unit in the PUD subject to the provisions contained herein. 21. Modification. This Agreement shall be modified or amended only by the written agreement of both Parties. 22. Discrimination. 8 Packet Page-139- 6/9/2015 9.B. a. The Developer agrees that neither it nor its agents shall discriminate against any owner, potential owner, renter or potential renter because of said owners race, color, religion, sex, national origin, familial status, or handicap. b. When the Developer advertises, sells, rents or maintains the GAP Housing units, it must advertise sell, rent and maintain the same in a non-discriminatory manner and shall make available any relevant information to any person who is interested in purchasing or renting such GAP Housing. c. The Developer agrees to be responsible for payment of any real estate commissions and fees for which it is liable in the purchase, sale and rental of GAP Housing units. d. The GAP Housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. 23. Phasing. The percentage of affordable housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. 24. Disclosure. The Developer shall not disclose to persons, other than the potential buyer or lender of the particular GAP Housing unit or units, which units in the development are designated as GAP Housing units. 25. GAP Housing Agreement. This Agreement is distinct and separate agreement from "development agreements"as defined by Section 163.3220, Fla. Stat., as amended. 26. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and the Land Development Code Regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number,type of GAP Housing units and the amount of GAP Housing approved for the development 27. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 9 Packet Page -140- 6/9/2015 9.B. 28. Further Assurances. The Parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in order to effectuate the intent of the Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of this Agreement. . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Tim Nance , Chairman WITNESSES: Global Properties of Naples, LLC Print Name: By: Print Name: Approved as to form and legality *2 STATE OF FLORIDA Assistant County Attorney p� \ ck COUNTY OF The foregoing instrument was acknowledged before me this day of , 2015, by , as of , who is [ ] personally known to me, or [ ] has produced driver's license no. as identification. NOTARY PUBLIC (SEAL) Name: (Type or Print) 10 Packet Page-141- 6/9/2015 9.B. EXHIBIT A VINCENTIAN VILLAGE MPUD LEGAL DESCRIPTION A parcel of land located in Section 32, Township 50 South, Range 26 East, Collier County, Florida,being more particularly described as follows: A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND RUN SOUTH 02°48'46" WEST ALONG THE EAST LINE OF SAID SECTION 32, A DISTANCE OF 1718.03 FEET TO AN INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41 (TAMIAMI TRAIL) AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 02°48'46" WEST ALONG SAID EAST LINE OF SECTION 32, A DISTANCE OF 884.02 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 32 AND THE NORTH LINE OF LOTS FORMERLY IN TRAIL ACRES UNIT 3 AS RECORDED IN PLAT BOOK 3, PAGE 94 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (VACATED BY INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 189, PAGE 792); THENCE RUN NORTH 87°30'18" WEST ALONG SAID FORMER NORTH LINE OF TRAIL ACRES UNIT 3 AND THE NORTH LINE OF TRAIL ACRES UNIT 4 AS RECORDED IN PLAT BOOK 7, PAGE 103 OF SAID PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, A DISTANCE OF 695.96 FEET; THENCE RUN NORTH 39°04'37" WEST ALONG SAID NORTH LINE OF TRAIL ACRES UNIT 4 AND THE NORTH LINE OF SAID TRAIL ACRES UNIT 3, A DISTANCE OF 1081.98 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SOUTHWEST BOULEVARD; THENCE RUN NORTH 50°56'59" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1007.85 FEET TO AN INTERSECTION WITH SAID SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41 (TAMIAMI TRAIL); THENCE RUN SOUTH 39°03'26" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 77.05 FEET TO THE POINT OF CURVATURE OF A CURVE BEING CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 3210.55 FEET, A CENTRAL ANGLE OF 14°34'44" AND A CHORD BEARING AND DISTANCE OF SOUTH 46°20'49" EAST, 814.73 FEET, RESPECTIVELY; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE AND THE SOUTHERLY RIGHT-OF-WAY LINE, AN ARC DISTANCE OF 816.93 FEET TO THE SAID POINT OF BEGINNING. Subject to easements, reservations or restrictions of record. • CA Packet Page -142- 6/9/2015 9.B. Exhibit B FY 2015 Income Limits Summary ±� Median M k FY'2015 Income Pe ons in Family {{ Irirorrie F1'2'g15 Income E � � � .vi Limit Area Category ' Explanation Limif 3 1 2 3 7 4 5 6 8 i Very Low(50%) Income Limits($) 23,300 26,600 29,950 33,250 35,950 38,600 41,250 43,9001 Explanation Extremely Low Naples-Marco 1 Income Limits Island,FL MSA $66,500 ($)* 14,000 16,000 20,090 24,250 28,410 32,570 36,730 40,890 Explanation Low(80%) Income 1 Limits($) 37,250 42,600 47,900 53,200 57,500 61,750 66,000 70,250, Explanation xw Packet Page-143- 6/9/2015 9.B. Exhibit"C" The Developer agrees that a minimum of 40%of the dwelling units constructed, above the base density of 3 units per acre, shall be offered first to persons qualifying for Gap Housing(persons earning between 81% and 150% of the MSA as further defined above) subject to the above conditions. The percent of Gap Housing dwelling units shall be marketed as follows during the Initial Offering period: 1) Group A: A minimum of 34% of the Gap Housing units built shall be reserved and priced for a qualified buyer(s) earning 81%to 99.9%of the MSA. 2) Group B: A minimum of 33%of the Gap Housing units built shall be reserved and priced for for a qualified buyer(s) earning 100%to 119.9%of the MSA. 3) Group C: The developer may elect to sell more units in groups A and/or B than are required. A minimum of the remaining percentage of the total Gap Housing units built shall be reserved and priced for a qualified buyer(s) earning 120%to 150% of the MSA. By way of example: Example 1: A three person household earns a total household income of$50,000 annually (Group A) and can therefore spend no more than$15,000 annually on the above defined household expenses. Assuming the following: a down payment of 5%, a 4%interest rate, a 30 year amortization, $1,400 per year in property insurance, and$2,422 per year in property taxes, the qualified buyers could qualify to purchase a designated Gap Housing unit in the development at a sale price of$205,300. Example 2: A four person household earns a total household income of$68,000 annually(Group B) and can therefore spend no more than $20,400 annually on the above defined household expenses. Assuming the following: a down payment of 5%, a 4% interest rate, a 30 year amortization, $1,400 per year in property insurance, and $3,385 per year in property taxes, the qualified buyers could qualify to purchase a designated Gap Housing unit in the development at a sale price of$286,900. Packet Page-144- 6/9/2015 9.B. r 'JUN 1999 ORDINANCE 99- 37 L MEMO aeric Board " AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 0632N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS VINCENTIAN, FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SOUTHWEST BOULEVARD AND TAMIAMI TRAIL EAST (U.S. 41) , IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 30± ACRES; PROVIDING ` F + 1 FOR THE REPEAL OF ORDINANCE NUMBER 91-88, ;_ r AS AMENDED, THE FORMER VINCENTIAN PUD; AND BY PROVIDING AN EFFECTIVE DATE. f r� WHEREAS, Greg Stuart of Stuart & Associates, representing The Diocese of Venice, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 32, Township 50 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 0632N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 91-88, as amended, known as the Vincentian PUD, adopted on September 16, 1991 by the Board of County Commissioners of -"oilier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. Packet Page-145- 6/9/2015 9.B. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, thisa day of , 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.' BROCK, Clerk COLLIER COUNTY, FLORIDA • • ' 'St as to ChainnamS ' ELA S. MAC'KI E, Charwoman stgfatbre •Q;,ly. 'Appfgyed as to Form and LegaI'•Sufficiency This ordinnnr. •f;•.i v.i*h the S e c r.tc,-y Marjo ie M.`-Student 7 • day of Assistant County Attorney L99 X41_ .2_. ��ew Ueouty Clerk f/PUD-84-11(2) Packet Page-146- 6/9/2015 9.B. • .es Exhibit A PLANNED UNIT DEVELOPMENT DOCUMENT t=; c:n w n) FOR The Vincentian PUD A Mixed Use Development Prepared by: Stuart and Associates 2180 West First Street, Suite 210 Fort Myers, Florida 33901 Date Reviewed by CCPC: Date Approved by BCC: Ordinance Number Packet Page-147- 6/9/2015 9.B. • TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE 3 SECTION I Property Ownership&Description 5 SECTION II Project Development 7 SECTION III Residential District 12 SECTION IV Community Commercial District 16 SECTION V Reserve District 19 SECTION VI General Development Commitments 21 LIST OF EXHIBITS EXHIBIT"A" PUD Ordinance EXHIBIT"B" Master Plan &Water Management Plan Packet Page-148- 6/9/2015 9.B. • STATEMENT OF COMPLIANCE - The development of approximately 30+/-acres of property in Section 32,Townshi50 South;: Range 26 East, Collier County, as a Planned Unit Development to be known as T /in&entiE��r��,,i PUD will be in compliance with the planning goals and objectives of Collier Countaa s ,'fort�in the Collier County Growth Management Plan. The commercial and residential/grdup'housing facilities of the Vincentian PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is located along the South US 41 corridor, between Rattlesnake Hammock Road and CR 951, and is classified as Urban Coastal Fringe as identified on the Future Land Use Map. The Future Land Use Element permits commercial infill, residential and group housing land uses in this area. Bounded to the north and south by highway commercial uses, the site is well suited as a commercial infill property for the US 41 frontage and for residential/group housing along Southwest Boulevard. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of land use as required in Objective 2 of the Future Land Use Element, and Policies 2.2, 2.3, 2.4, 2.5 and 2.6. 3. The project development promotes sound planning and ensures land use compatibility as required by Objective 5 of the Future Land Use Element. The project development is compatible with and complementary to existing and future surrounding commercial land uses to the north and south,and existing and future surrounding residential land uses to the northwest,west and southwest, as required by the Commercial In-fill policy and Policy 5.4 of the Future Land Use Element. 4. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. 5. All final development orders for this project are subject to Division 3.15,Adequate Public Facilities,of the Collier County Land Development Code as set forth in Policy 3.1 of the Future Land Use Element. 6. Group Housing,which includes adult living facilities and nursing homes,is permitted in the Urban Coastal Fringe Area per Policy 5.8 of the Future Land Use Element. 7. The Vincentian PUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. Packet Page-149- 6/9/2015 9.B. • 8. The project will be served by a complete range of services and utilities as approved by the County. 9. The entire subject property qualifies for a base density of four dwelling units per acre. The subject property qualifies for group housing densities consistent with LDC Section 2.6.26 and is therefore consistent with Future Land Use Element Policy 5.1. Packet Page-150- 6/9/2015 9.B. • • v� SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the name of The Vincentian PUD 1.2 LEGAL DESCRIPTION A parcel of land located in Section 32,Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: COMMENCING AT THE COUNTY MONUMENT MARKING THE EAST 1/4 CORNER OF SECTION 32,TOWNSHIP 50 SOUTH,RANGE 26 EAST,THIS MONUMENT BEING THE POINT OF BEGINNING; THENCE RUN NORTH 02 DEGREES 47 MINUTES 30 SECONDS EAST,ALONG THE EASTERLY BOUNDARY OF SECTION 32,A DISTANCE OF 826.25 FEET TO THE INTERSECTION OF THE EASTERLY BOUNDARY OF SECTION 32 AND THE SOUTHEASTERLY RIGHT-OF-WAY OF TAMIAMI TRAIL(U.S.41),SAID INTERSECTION BEING 200 FEET AT RIGHT ANGLES TO THE CENTER LINE OF TAMIAMI TRAIL AND 9.27 FEET WEST OF THE POINT OF TANGENT OF THE RIGHT-OF-WAY CURVE;THENCE,FROM SAID INTERSECTION POINT,RUN ALONG THE RIGHT- OF-WAY ARC,A DISTANCE OF 884.45 FEET TO THE POINT OF CURVE,SAID CURVE HAVING A DELTA ANGLE OF 15 DEGREES AND 21 MINUTES RIGHT,A TANGENT LENGTH OF 438.76 FEET, A RADIUS OF 3255.85 FEET AND A DEFLECTION ANGLE OF 00 DEGREES 52 MINUTES 40 SECONDS;THENCE,FROM SAID POINT OF CURVE RUN NORTH 39 DEGREES 04 MINUTES WEST, ALONG THE RIGHT-OF-WAY TANGENT,FOR A DISTANCE OF 76.11 FEET TO A CONCRETE MONUMENT SET ON THE EASTERLY BOUNDARY OF TRAIL ACRES SUBDIVISION AS RECORDED IN PLAT BOOK 3 AT PAGE 50 OF THE PUBLIC RECORDS OF COLLIER COUNTY; THENCE SOUTH 50 DEGREES 56 MINUTES WEST,ALONG THE EASTERLY BOUNDARY OF TRAIL ACRES SUBDIVISION,A DISTANCE OF 958.37 FEET TO A CONCRETE MONUMENT;THENCE SOUTH 39 DEGREES 40 MINUTES EAST,A DISTANCE OF 1082.32 FEET,TO A CONCRETE MONUMENT SET ON THE SOUTH BOUNDARY OF THE NORTHEAST 1/4 OF SECTION 32;THENCE ALONG SAID BOUNDARY OF THE NORTHEAST 1/4,BEARING SOUTH 87 DEGREES 31 MINUTES 45 SECONDS EAST,A DISTANCE OF 696.20 FEET TO A COUNTY CONCRETE MONUMENT,THE EAST 1/4 CORNER OF SECTION 32,TOWNSHIP 50 SOUTH,RANGE 26 EAST,AND THE POINT OF BEGINNING; Containing 30.00 acres, more or less. Subject to easements,reservations or restrictions of record. 1.3 PROPERTY OWNERSHIP The subject property is currently owned by the Diocese of Venice. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located along South US 41 of unincorporated Collier County, Florida. The subject property is located within the Urban Coastal Fringe as designated on the Future Lana I ICC Ulan Packet Page-151- 6/9/2015 9.B. • • - w B. The property is currently vacant. The entire site currently has PUD zoning. 1.5 PROJECT DESCRIPTION The Vincentian PUD will include a mixture of land uses for commercial and residential/group housing. The Vincentian PUD intends to establish commercial development guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for landscaping, lighting,fences and buffers. The Master Plan is illustrated graphically on Exhibit"A" PUD Master Plan. Individual Tract land use acreages are identified within the master plan. 1.6 SHORT TITLE This Ordinance shall be known and cited as the"Vincentian Planned Unit Development Ordinance." Packet Page-152- 6/9/2015 9.B. • • „„ SECTION II cn-. rr, PROJECT DEVELOPMENT . ca C_. N Tn 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances,the respective land uses of the tracts included in the project,as well as other project relationships. 2.2 GENERAL A. Regulations for development of The Vincentian PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or building permit application. Where these regulations fail to provide developmental standards,then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted,the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. C. All conditions imposed and graphic material presented depicting restrictions for the development of The Vincentian PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for this PUD remain in full force and effect. E. Development permitted by the approval of this petition will be subjected to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next,to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 2.3 PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit"A", PUD Master Plan. B. Minor modifications to Exhibit"A"may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. Packet Page-153- 6/9/2015 9.B. C. In addition to the various areas and specific items shown in Exhibit"A", easements (such as utility, private, semi public, etc.)shall be established and/or vacated within or along the property, as may be necessary. 2.4 LAND USE A. Exhibit"A", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans of the Land Development Code,when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Collier County Land Development Code. 2.6 MODEL HOMES Model Homes and Model Home Sales Centers shall be permitted as provided for in Section 2.6.33.4 of the Collier County Land Development Code. 2.7 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL This PUD is subject to the sunsetting provisions as provided for within Article 2, Division 2.7, Section 2.7.3.4 of the Collier County Land Development Code. 2.8 PUD MONITORING An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. 2.9 DEDICATION AND MAINTENANCE OF FACILITIES The Developer shall create appropriate property ownership association(s),which will be responsible for maintaining the roads, streets,drainage, common areas,and water and sewer improvements where such systems are not dedicated to the County. Packet Page -154- 6/9/2015 9.B. • 2.10 OPEN SPACE REQUIREMENTS A minimum of thirty percent(30%)of the project's gross area shall be devoted to open space, pursuant to Article 2, Division 2.6,Section 2.6.32 of the Collier County Land Development Code. The total project is 30+1-acres requiring a minimum of 9 acres to be retained as open space throughout The Vincentian PUD. This requirement shall not apply to individual development parcels. 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Article 3, Division 3.9,Section 3.9.5.5.3 of the Collier County Land Development Code, 25%of the viable naturally functioning native vegetation on site shall be retained. 2.12 POLLING PLACES Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land Development Code,accommodation shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. 2.13 SIGNS Signs shall be in accordance with Article 2, Division 2.5 of the Collier County Land Development Code. 2.14 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Engineering Review Manager. All lakes greater than two(2)acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1; however, removal of fill from The Vincentian PUD shall be limited to an amount up to 10 percent per lake(to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. 2.15 EXCAVATION AND VEGETATION REMOVAL A. Improvement of property shall be prohibited prior to issuance of a building permit. No site work,removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under the Land Development Code or other applicable County regulations. Exceptions to this requirement may be granted by the Community Development and Environmental Services Administrator for an approved Subdivision or Site Development Plan to provide for distribution of fill excavated on site or to permit construction of an approved water management system,to minimize stockpiles and hauling off-site or to protect the public health,safety and welfare where clearing,grading and filling plans have been submitted and approved meeting the standards of Section 3.2.8.3.6.of the Code. Removal of exotic vegetation shall be Packet Page-155- 6/9/2015 9.B. • • exempted upon receipt of a vegetation removal permit for exotics pursuant to Division 3.9 of the Land Development Code. B. A site clearing, grading,filling and revegetation plan where applicable shall be submitted to the Community Development and Environmental Services Administrator or his designee for review and approval prior to any clearing, grading or filling on the property.This plan may be submitted in phases to coincide with the development schedule.The site-clearing plan shall clearly depict how the improvement plans incorporate and retain native vegetation.The site specific clearing, grading, and filling plan for a Subdivision or Site Development Plan may be considered for review and approval under the following categories and subject to the following requirements: 1. Removal of exotic vegetation is permitted upon receipt of a vegetation removal permit pursuant to Division 3.9.Additional site alteration may be permitted or required to stabilize and deter reinfestation by exotics subject to the following: a. Provision of a site filling and grading plan for review and approval by the County; b. Provision of a revegetation plan for review and approval by the County; c. Payment of the applicable review fee for site alteration plan review. 2. Site filling exceeding 25 acres to properly utilize fill generated on site, but which does not require the removal of more than 25 acres of protected vegetation, may be approved by the Community Development and Environmental Services Administrator subject to submission of the following: a. A site-clearing plan shall be submitted for review and approval that shows the acres to be cleared.A minimum of 25%of the natural functioning vegetation shall be retained. b. The applicant shall submit a detailed description of the fill and site work activity including a plan indicating fill placement locations and depths, grading plan and water management improvements. c. The applicant shall submit a detailed revegetation plan including a cost estimate.The cost estimate shall include the cost of grading, revegetation and yearly maintenance cost and a time specific schedule on completion of the revegetation work. d. The permittee shall post a surety bond or an irrevocable standby letter of credit in an amount of 110%of certified cost estimate as previously detailed including the maintenance cost for 3 years.The amount of the security may be reduced upon completion of the approved revegetation plan and upon occupation of the site. A separate security will not be required if such costs are included in the subdivision security. Packet Page-156- 6/9/2015 9.B. 3. A vegetation removal permit is not required for the removal of protected vegetation prior to building permit issuance if the conditions set forth in Division 3.9 of the Land Development Code have been met. 2.16 ARCHITECTURE AND SITE DESIGN All commercial buildings, signage, lighting, landscaping and other visible architectural infrastructure shall have a similar architectural theme and be aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings,signs, and walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. All commercial buildings shall comply with Division 2.8 of the Collier County Land Development Code (Architectural and Site Design Standards and Guidelines)prior to issuance of a building permit. Packet Page -157- 6/9/2015 9.B. • SECTION III RESIDENTIAL DISTRICT 3.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within The Vincentian PUD designated on Exhibit"A", PUD Master Plan as "Residential". 3.2 MAXIMUM DWELLING UNITS A maximum number of Four Dwelling Units(4 DUS)per gross acre may be constructed on lands designated"Residential" on the PUD Master Plan. For assisted living facilities, the maximum number of units shall not exceed a factor of 0.45(0.45 times the area of the property equals the gross floor area). 3.3 GENERAL DESCRIPTION A. Areas designated as Residential on the PUD Master Plan are designed to accommodate Single-family, Multi-family and Group Housing, along with associated recreational facilities, essential services, and customary accessory uses. B. The approximate acreage of the Residential district is Nine and eight-tenths(9.8) acres. Actual acreage of all development tracts will be provided at the time of Site Development Plan approval in accordance with Division 3.3 of the LDC. The Residential tract is designed to accommodate internal roadways, open space, parks, amenity areas, lakes and water management facilities, and other similar uses. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or part,for other than the following: A. Principal Uses 1. Single-family detached dwelling units. 2. Single-family and zero lot line dwellings. 3. Two-family and duplex dwellings. 4. Single-family attached and townhouse dwellings. 5. Multiple-family dwellings including Garden Apartments. 6. Assisted Living Facilities(ALF's)pursuant to Section 2.6.26 CCLDC. Packet Page-158- 6/9/2015 9.B. 7. Group Care Facility(category I and category II) pursuant to Section 2.6.26 CCLDC, excluding Homeless Shelters. 8. Nursing home facility pursuant to Section 2.6.26 CCLDC. 9. Group Care units, except homeless shelters, pursuant to Section 2.6.26 CCLDC. 10. Guard houses and entrance gates. 11. Management offices and recreational facilities that serve the group housing development including but not limited to administrative offices,tennis courts, pools, pool cabanas, clubhouses and gazebos. 12. Any other principal use,which is comparable in nature with the foregoing, uses. B. Accessory Uses 1. Uses and structures that are necessary and incidental to uses permitted as a right including, but not limited to, garages and carports. 2. Parks, passive recreational areas, boardwalks, observation platforms. 3. Biking, hiking, health and nature trails. 4. Water management facilities and lakes, including lakes with seawall and other types of architectural bank treatment, and essential services. 5. Recreational shelters, restrooms, off-street parking, lighting and signage. 3.5 DEVELOPMENT STANDARDS Table 1 sets forth the development standards for land uses within the Residential District. 1. Site development standards for categories 1 -4 uses apply to individual residential lot boundaries. Category 5 standards apply to platted parcel boundaries. 2. Standards for parking,landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights,and floor area standards apply to principal structures. 3. Development standards for uses not specifically set forth in Table 1 shall be established during the Site Development Plan Approval as set forth in Division 3.3 of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. 4. In the case of residential structures with a common architectural theme,the required development regulations may be reduced provided a site plan is approved pursuant to Division 3.3 of the Land Development Code. Packet Page-159- 6/9/2015 9.B. • • 5. Single-family and zero lot line dwellings are identified separately from single-family detached dwellings with conventional side yard requirements to distinguish these types of residences for the purpose of applying the development standards under Table 1. Zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein. TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL TRACTS SINGLE TWO SINGLE FAMILY MULTI- PERMITTED USES FAMILY ZERO LOT FAMILY& ATTACHED AND FAMILY AND STANDARDS DETACHED LINE DUPLEX TOWNHOUSE DWELLINGS Category 1 2 3 4 5 _ Minimum Lot Area 6,000 SF 5,000 SF , 3,500 SF`4 3,000 SF 1 AC Minimum Lot Width.S 60 50 35 30 150 Front Yard 25 20 20 20 25 Front Yard for 10 10 10 10 15 Side Entry Garage _ Side Yard 5 0 or 5 " 0 or 7.5.6 0 or.5 BH`6 0.5 BH _Rear Yard Principal-t 20 10 20 20 BH Rear Yard Accessory 10 8 10 10 15 Maximum Building Height.1 35 35 35 35 55 Distance Between 10 10 15 .5 SBH .5 SBH Principal Structures Floor Area Min. (S.F.) 1200 SF 1200 SF 1200 SF _ 1200 SF • BH:Building Height • SBH:(Sum of Building Height):Combined height of two adjacent buildings for the purposes of determining setback requirements. • SF:Square feet • All distances are in feet unless otherwise noted. • Front yards shall be measured as follows: A. If the parcel is served by a public ROW,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(if not curbed). C. If the parcel is served by a platted private drive,the setback is measured from the road easement or property line. • • 1-Rear yards for principal and accessory structures on lots and tracts which abut a non-jurisdictional open space or native vegetation preservation area may be zero(01 feet except that when abutting a lake or water body;an architectural bank treatment shall be Incorporated into the design. • `2-Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the stricture. Packet Page-160- • 6/9/2015 9.B. • • • • • .3-Zero feet(0')or a minimum of five feet(5')on either side except that where the zero feet(0')yard option is utilized,the opposite side of the structure shall have a ten foot(10')yard. The first structure built within a series of zero lot line homes shall determine the zero lot line setback for the subsequent development within that specific housing tract. • *4-Each half of a duplex unit requires a lot area allocation of 3,500 SF for a total minimum lot area of 7,000 S.F. • '5-Minimum lot width may be reduced by 20%for cul-de-sac lots provided minimum lot area requirement is still maintained. • `6-Zero(0')foot provision does not apply to any exterior wall of a structure,and is intended to apply to the common wall or wall along interior lot lines within a series of townhouse or semi-detached units. • *7-Accessory uses such as any authorized recreational amenity(i.e.pools,spas,landscape features, etc.)may be located within zero(0)feet of a side lot line when adjacent the wall of a residence with no window openings. Accessory uses for Zero lot line homes must be setback a minimum of 5 feet from the adjoining building wall that is permitted along the lot line. All other setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at the time of building permit application. • *8-Group care facility(category I and category II other than homeless)—1,500 sq.ft.plus 200 sq.ft.per live-in person,beginning with the seventh live-in person. Packet Page-161- 6/9/2015 9.B. r c-- R SECTION IV _ " (.F) m -) COMMERCIAL INFILL DISTRICT r-- L) c 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within The Vincentian PUD designated on the Exhibit"A", PUD Master Plan as "Commercial". 4.2 GENERAL DESCRIPTION A. Areas designated as"Commercial"on the Master Plan are designed to accommodate a full range of commercial uses, hotel/motel, essential services, and customary accessory uses. B. The approximate acreage of the"Commercial"district is eight and one-half (8.5)acres. Actual acreages of all development tracts and outparcels will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.2 and Division 3.3 respectively, of the Collier County Land Development Code. Commercial tracts are designed to accommodate internal roadways,open spaces, lakes,water management facilities, and other similar uses. C. Up to one hundred and fifteen thousand(115,000)square feet of retail or office development is permitted within this Commercial area of the Planned Unit Development 4.3 PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part,for other than the following: A. Permitted Principal Uses and Structures 1. All permitted uses of the C-2 commercial convenience district consistent with the Collier County Land Development Code in effect as of the date of approval of this PUD. 2. Amusements and recreation services(Groups 7911,7922 community theaters only, 7933, 7991, miniature golf course,bicycle and moped rental). 3. Auto and Home supply stores (Groups 5531). 4. Business Services(Groups 7311,7313, 7322 through 7338,7361 through 7379,7384, 7389 except auctioning service,field warehousing, bottle labeling, packaging and labeling,salvaging of damaged merchandise,scrap steel cutting and slitting. Packet Page-162- 6/9/2015 9.B. 5. Drinking places (5813)excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 2.6.10. 6. Hospitals (Groups 8062 through 8069). 7. Membership Organizations(Groups 8611 through 8699). 8. Miscellaneous Retail (Groups 5912 through 5963). 9. Museums&Art Galleries(8412) 10.Paint, Glass&Wallpaper Stores(5231) 11.Public Administration (All Groups) 12.Non-Depository Credit Institutions (Groups 6111 through 6163). 13.Real Estate(Groups 6531,6541, 6552). 14.Retail nurseries, lawn and garden supply stores (5261). 15.Social services(Groups 8322 through 8399). 16.Used merchandise stores(5932,except pawnshops and building materials). 17.United States Postal Service (4311 except major distribution center). 18.Any other general commercial use which is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of the C-2 Commercial Intermediate District. 4.4 ACCESSORY USES AND STRUCTURES A. Uses and structures that are accessory and incidental to uses permitted. B. Any other accessory use which is comparable in nature with the foregoing uses and ' which the Current Planning Manager determines to be compatible. 4.5 DEVELOPMENT STANDARDS A. Minimum lot area: Ten thousand(10,000)square feet. B. Minimum lot width: Seventy-five(75)feet,as measured by the exterior project lines. C. Minimum yard requirements: Packet Page-163- 6/9/2015 9.B. • • • • 1. Front yard: Twenty-five(25)feet. 2. Side yard: Fifteen(15)feet. 3. Rear yard: Fifteen(15)feet. 4. Any yard abutting a residential parcel: Twenty-five(25)feet. D. Distance between principal structures:The distance between any two principal structures on the same parcel shall be fifteen(15)feet or a distance equal to one half the sum of their heights,whichever is greater. E. Minimum off-street parking and off-street loading: As required in Division 2.3. F. Minimum floor area of principal structure: seven hundred (700) square feet gross floor area for each building on the ground floor. G. Maximum height: Fifty(50)feet above Mean Flood Elevation as measured by the finish floor elevation to the building eave. H. General application for Setbacks: Front yard setbacks shall comply with the following: 1. If the parcel is served by a public or private right-of-way,the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non-platted private drive,the setback is measured from the back of curb or edge of pavement. 3. If the parcel is served by a platted private drive,the setback is measured from the road easement or property line. I. Architectural and site design standards: All commercial buildings and projects shall be subject to the provisions of Division 2.8. J. Merchandise storage and display: Unless specifically permitted for use, outside storage or display of merchandise is prohibited. K. Landscaping: As required in Division 2.4. L. Signs: As required in Division 2.5. Packet Page -164- 6/9/2015 9.B. • it SECTION V -n RESERVE DISTRICT °._� 5.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within The Vincentian PUD designated on Exhibit"A", PUD Master Plan as Reserve. 5.2 GENERAL DESCRIPTION Areas designated as Reserve on the PUD Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions.The primary purpose of the Reserve District is to retain an on-site wetland system, to allow for the restoration and enhancement of impacted or degraded wetlands, to provide an open space site amenity for the enjoyment of The Vincentian PUD residents, and to provide a native vegetative buffer for adjoining residential properties. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part,for other than the following: Permitted Principal Uses and Structures: A. Passive recreational areas, boardwalks, and recreational shelters. B. Nature trails, excluding asphalt paved surfaces. C. Water management facilities, structures and lake bulkheads or other architectural treatments. D. Mitigation areas. E. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Current Planning Manager determines to be compatible in the Reserve District. 5.4 DEVELOPMENT STANDARDS A. All structures shall setback a minimum of fifteen(15)feet landward from the edge of wetland preserves in all places and averaging twenty-five(25)feet from the landward edge of reserve District boundaries and roads, except for pathways, boardwalks and water management structures,which shall have no required setback. Packet Page-165- 6/9/2015 9.B. • • 5.5 RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by the Collier County Land Development Code, Section 3.2.8.4.7.3 for preservation lands included in the Reserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in the applicable permit granted by said agencies. The developer or owners of The Vincentian PUD shall be responsible for control and maintenance of lands within the Reserve District. Packet Page-166- 6/9/2015 9.B. • r'ri ,-_- L ""1".4 - SECTION VI GENERAL DEVELOPMENT COMMITMENTS °—r! 6.1 PURPOSE The purpose of this section is to set forth the standards for development of the project. 6.2 GENERAL All facilities shall be constructed in accordance with the final site development plans,the Final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land,except when specifically noted or otherwise set forth In this document, or as otherwise approved by Collier County. All state and federal Permits shall be effective according to the stipulations and conditions of the permitting Agencies. Final master plans,final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project,except as otherwise set forth herein. 6.3 PUD MASTER PLAN A. Exhibit"A", PUD Master Plan illustrates proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. 6.4 WATER MANAGEMENT A. Excavation permits will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code, as amended. Excavated material from the property is intended to be used within the project site. B. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services. C. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40,this project shall be designed for a storm event of 3-day duration and 25-year frequency. Packet Page -167- • 6/9/2015 9.B. D. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of Division 3.2 of the Collier County Land Development Code. 6.5 TRANSPORTATION A. The developer shall provide a fair share contribution toward the capital cost of a traffic signal at Southwest Boulevard if and when the project is warranted by the County. The signal will be owned, operated and maintained by Collier County. B. The developer shall provide arterial level street lighting at the project entrance prior to the issuance of a Certificate of Occupancy. C. Evidence of an FDOT Connection Permit or Notice of Intent to Issue a Connection Permit shall be provided prior to the issuance of any development permit for the project. 6.6 UTILITIES A. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance 88-76, as amended, and other applicable County rules and regulations. 6.7 ENGINEERING A. Except as otherwise provided within this PUD document,this project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. 6.8 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective convenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with 3.2.8.4.7.3 CCLDC. C. Buffers shall be provided around wetlands,extending at least fifteen(15)feet landward from the edge of wetland preserves in all places and averaging twenty-five(25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approved by Current Planning Environmental Staff. • D. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service(USFWS)and Florida Game and Fresh Water Fish Commission Packet Page-168- 6/9/2015 9.B. (FGFWFC)regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. E. An exotic vegetation removal, monitoring, and maintenance(exotic-free)plan for the site,with emphasis on the conservation/preservation areas,shall be submitted to Current Planning Environmental Review Staff for review and approval prior to Final Site Plan/Construction Plan approval. F. The project shall comply with the environmental sections of the LDC and the GMP in effect at the time of final development order approval. G. An Environmental Impact Statement(EIS)shall be included with the next development order submittal. H. At the time of the first development order submittal the 25%required native vegetation shall be identified. Packet Page -169- - 6/9/2015 9.6. • EXHIBIT B THE VINCENTIAN PUD MASTER&WATER MANAGEMENT PLAN Packet Page-170- 6/9/2015 9.B. i -a-.= -_� ,.`�..)_ = ,.76, -- _- VA i i0-_ • 1 1 . c 5 it ttiVINI ',...: N. 11111111WINAiMII . 1p ...1, 1 5,0 <IA 1111 •• 3. ......, Slannalli. Mil"-71,11.!.:07.77....11... - -II OM 01 OMR NMINV :0441 02D)11!..............rz::::!......4:!''--.3"4:1111 4 =I OW.P.M. ...\ Ell J _1 it — II is Y . "7 ;.} �..,o.r.� ■� �� ME aomc a vcNcc v.cimw...WRI 48rzs E.S covr.rn • Packet Page-171- 6/9/2015 9.B. • STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-37 Which was adopted by the Board of County Commissioners on the 25th day of May, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of May, 1999. DWIGHT E. BROCK .' �r r Clerk of Courts and Clerk ° `, Ex-officio to Boardq;of., C. ty CommissioneZ11) 11.4111o. . 1 By Lisa Steele;, • t Deputy Clerk, y.;! ~ Packet Page-172- 2 • 6/9/2015 9.B. a vgµ z � Q u o Z iI _ y U -J S 1 Pa n 2 COC)4c77(Z?) li ,,‘,.f:1::11::: 11:: 11111111:1:1:1 1111111:11:1; 1 ::1;g1611 NM 111 2. urn C49:CS9 ,:;;::::::::::::::::;:;:: :::::::::: o ■5 ' 21 (7) s - *4 ., ::::: ::::::H: : Ii:! ::: :,,,J...4,,:. .,,,■*,744,7 4 N 4likk, #.1"Sliltiik4k4';',',4'1:itii,ILL.Ait:#4%* 7 CD 1#1)4 0014.7.440•'.40‘P•V-7' N ■Alit+ .4..°,t‘ ,44-1 ii,‘ 44,44 - r qi Aite..44v 4**‘44,,,,,-4,'' 4 .Aik Ts O- N 31,135 01 ION 0 D 0- Z 2 _ d zg E n °w_ J — ,q d �o W =TY a gE- €�- a. — cd 'g II gl r g �P r — .1.oL2 i q s `11' 8 6 6 b 1sa'a'o oa,1nslno5 asmoo ,,38 W H P v _ CL Q ell W_ d �' nsa-a.s1 g& O ¢ _1 OaMA3lnos N311100 ' i 0 R ,-;', 6, ______----- 0 U U \ f S go VNV9J8!: Ns e = " . 11 :1 - 0 i n cram; Nana A.Nnoo •pPy V O n n % g " Packet Page 173- - 1 r;1-: Native Vegetation and Open Space 1 C-5 ZONING 6/9/2015 9.B. Existing Native Vegetation= 29.77 Ac. GAS Min On-site Native Preservation Req'd STATION 20' TYPE "D" WHISTLER'$ 29.77 x 15%=4.46 Ac. COVE - PUD Min Open Space Req'd(Comm.or Mixed-Use) LANDSCAPE 30.68 x 30% =9.20 Ac Min Open Space Required(Residential Only) � , " \ BUFFER 30.68x60% =18.41 Ac v..01% ♦ J/. \\ 'III, 20 ' TYPE "D" i`I \. \, ,\I LANDSCAPE 2 G 140 TRAIL ACRES �� BUFFER �a `. \ RSF-4 ZONING,''' 0'' \ 41 '77 -$'q, 2 00 400 Nlinnl 5 ♦•/ ` N TRACT "MU" N , ,>.\\:..__' ..._ MIXED USE N \, LANDSCAPE BUFFER EXISTING 15'U.E. PER LDC REQUIREMENTS _..ii v; s♦ \�� EXISTING 15' U.E. --i 0- /� � DEVIATION #2 .l CD N �`�7V WALL LOCATION POTENTIAL FUTURE 1 , _ _1 co � BIKEIPED 1I. 0 6 6. � INTERCONNECTION _ 15' TYPE "B" _ y�°ti LANDSCAPE �' \ BUFFER 15' TYPE "B"- o I �\ LANDSCAPE 0 a. p BUFFER 0 = = . ----- ' ` Z ICJ J Q . . i o— a. \ TRACT "P" PRESERVE TRACT = i Land Use Summary • EXISTING 15'U. .\ LAKE Description Acreage, Percent X `\ Mixed-Use(Tract MU) 22.05 71.9% `� EXISTING 15'U.E. Lake(Tract L) 4.17 13.6% �♦ �� Preserve(Tract P) 4.46 14.5% TOTAL 30.68 100.0% EXISTING 15'U.E. TRAIL ACRES RSF-4 ZONING MAXIMUM DWELLING UNITS:224 MAXIMUM GROSS FLOOR AREA:250,000 SF,SUBJECT TO LAND USE CONVERSION FACTORS,SEE EXHIBIT B,SECTION III. 1.11VII VINCENTIAN VILLAGE MPUD DRAWNtB Y DATE 950 Encore Way R.M. P.M. 01/2014 Naples,FL.34110 DRAWN BY MK D^� 01/2014 Phone:(239)254-2000 MASTER PLAN °"R M�P.M. DATE 1/2014 HOLE M ON TES Florida Certificate of VERTICN gCALE ENGINEERSfLANNERSSURVEYORS Authorization No.1772 BIT C RENSED:! Packet Page-174- 3-23-2015 6/9/2015 9.B. • PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF MEETING NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on Tuesday,April 28, 2015 in the Board of County Commissioners Chamber,Third Floor,Collier County Government Center,3299 E.Tamiami Trail,Naples,FL. The purpose of the hearing is to consider: • AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, THE COWER COUNTY GROWTH MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA,SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY ESTABLISHING THE VINCENTIAN MIXED USE SUBDISTRICT IN THE URBAN MIXED USE DISTRICT TO ALLOW A RESIDENTIAL ONLY, COMMERCIAL ONLY OR MIXED.USE PROJECT AT THE FOLLOWING DENSITY/INTENSITY: UP TO 7.3 RESIDENTIAL DWELLING UNITS PER ACRE FOR A MAXIMUM OF 224 RESIDENTIAL DWELLING UNITS,UP TO 250,000 SQUARE FEET OF COMMERCIAL USES,A 150 ROOM HOTEL,AND AN ASSISTED LIVING FACILITY AT A FLOOR AREA RATIO OF 0.6. THE COMMERCIAL USES ALLOWED BY RIGHT ARE ALL PERMITTED USES AND CONDITIONAL USES IN THE C-3 COMMERCIAL INTERMEDIATE ZONING DISTRICT,AND THREE PERMITTED USES AND ONE CONDITIONAL USE IN THE C-4 COMMERCIAL GENERAL ZONING DISTRICT IN THE COLLIER COUNTY LAND DEVELOPMENT CODE, WITH CONVERSIONS AND LIMITATIONS IF PROJECT IS DEVELOPED AS MIXED USE DEVELOPMENT;AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY.THE SUBJECT PROPERTY IS LOCATED AT THE CORNER OF SOUTHWEST BOULEVARD AND U.S.41(TAMIAMI TRAIL EAST)IN SECTION 32,TOWNSHIP 50 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA CONSISTING OF 30.681 ACRES, (PL20130001767/CP-2013-10) • AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING. ORDINANCE NUMBER 2004-41,. AS AMENDED; THE COLLIER COUNTY LAND DEVELOPMENT.CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT(PUD)ZONING DISTRICT TO • w A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT TO BE Z KNOWN AS THE VINCENTIAN VILLAGE MPUD,TO ALLOW CONSTRUCTION OF A MAXIMUM OF 224 >- MULTIFAMILY RESIDENTIAL DWELLING UNITS,UP TO 250,000 GROSS SQUARE FEET OF COMMERCIAL LAND USES,A HOTEL LIMITED TO 150 ROOMS,AND AN ASSISTED LIVING FACILITY(ALF)AT 0.6 FAR. 4 THE COMMERCIAL USES ARE SUBJECT TO CONVERSIONS AND LIMITATIONS IF THE PROJECT IS 0 DEVELOPED AS MIXED USE OR IF A HOTEL OR ALF IS CONSTRUCTED.THE SUBJECT PROPERTY N IS LOCATED AT THE SOUTHEAST CORNER OF SOUTHWEST BOULEVARD AND U.S. 41 IN SECTION w 32,TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,CONSISTING OF 30.68+/- -, a ACRES;PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-37,THE VINCENTIAN PUD;AND BY Q PROVIDING AN EFFECTIVE DATE. [PUDZ-PL201 300 01 726] Z {.)▪1 , N�Glfs N�NOP IEET, NIMO CQ14UNtn • ffi 28 2] ,s (NI r•n ls) s u OME i .: "�: �� ARE PROJECT r LOCATION ACRE T7 32 /34 to wEENDAN (s) • c MENiMMM ESTATES OPo N All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCES will be made available for inspection at the Zoning Division,Comprehensive Planning Section,2800 N.Horseshoe Dr.,Naples, between the hours of 8:00 A.M.and 5:00 P.M., Monday through Friday. Furthermore the materials will be made available for inspection at the Collier County Clerk's Office,fourth floor,Collier County Government Center,3299 CO East Tamiami Trail,Suite#401 Naples,one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the Zoning Division,Comprehensive Planning Section.Written comments filed with the Clerk to the Board's Office prior to Tuesday,April 28,2015,will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite#101, Naples, FL 34112-5356, (239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are • available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS-COLLIER COUNTY,FLORIDA TIM NANCE,CHAIRMAN DWIGHT E.BROCK,CLERK By:Teresa Cannon Deputy Clerk(SEAL) No.231121302 April B.2015 Packet Page-175-