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Agenda 12/08/2015 Item # 9B1 2/3!2015 9. B. EX LPCUTQ7E SUMMARY T? is t.enn reauires, that ex porte 1�e p..-ovided by Commission nie-.mliert- Shrkuid a hearing be hod an alH are reqWred to be swrn in. Nhecommendallon to approve an amendment to Ordinance No. 83 -46, as amended, the Berkshire Lakes Planned Unit Development by adding 2 2.1.7 acre- recreation area in the exist-ing preserve and moving 12.17 acrefi of existing arese-vp i , - -0, snna'j separate preserve areas throughout Parcel 'T"; h-4 dding Soction 7. `',5 ,c add, a de-viatio- to ahow small separate preserve areas instead (if continuous preserves; by adding Section 7.06 fc pravide addifianal deveiepm•nt, starkdards ;br Ve recreation" tract near the sr u-,l n Test corner of Parcel A"; hy numndmg Kle T� aste;- 111-an to reGes acreages for she 7ecrent on prcserve "re, divinage and udHty easement sma undw Me wrwHou snd , op re as , C.-L s'�pac�� "0' ond to deldol Re recreadtjn a--ea and r-- , rve a ; and provAng an 0i'-*.,-:�Cf-.-*,-,,,e TA suly"t py?r.-apper-ty, cconsstft!q. af xs 'ocafei a4 the of 1Z4dic. Yv anj San'm Harbara l3c-A,:,vard iii Scctcp -is 32 znd 33, Towaship 49 South, Fmge 26 east, and Swhon 5, Township 50 South, Range 26 East, CoNfer Clurty, Florida (jE}Z ECTYVE: To J. rove IaMs -.�rdirgs aa1G recon-in itndatio--s aiong v-ii-th tine of D TWAng comnAmAn (CCFC) regwdbg I,- ..b,�v�, pcdii, n, r a de&.ic)r. 1:his Planned Unit DevApment aym cndr,-7-,cnt p,rtition; andi c'tr.sou-c 'the p-ojzct is in Wmony w0h ail the ap1dicabi• codes and regWations in WC--.- CO C%SIR-e tlrla,� thtt c'-,"n ;nu-,`ty's uinterests are rnaintained. CANSTDIALITIC400 Thn pahioner is rcqucsting an anicnAlent lo, tne Lal:es Pla.rim.-,,--i Unit 'Devoiopn-)iont (PUD' zoning district, v,,hich v,,H! affoct oidy Ge Cournryside sub&,Jsion, lVGate 2.17 acres of the Managornent Kea to odier locations AM& the subdivision, in order to construct additional r::crea.,`on Whies on the 2.17 aues. _F11SCAIL, TWAC The Couny wiltcts impact fees prior to talc issuancf of building perinits -o help Als tho Npacos of each new Avelopment on B'ab'e WNW. These hnnact Acs are used to And jacycets Wilt Y6 its uric Capitai liniprovtnient Elcnionl, of the T,AanL,(,Yerncnt Plat! ?s ne�. dedl to maintain the adopted Level of Service (LOS) for puWic facilities. Additionally, in order to rnect the ofcomcur-rc=� 'mariageniont, the developer of eve, Wal developmentorde�., approvod by Cc I It Couty 4 required to pay a pabon of Ae estirnaited -1`i-ansportation Impm Fws aAodated with the project in accordance Nvith Cnapter 74 of the Collier County Code of Laws and Ordinances. Cal er fees prior to issuance of a building pci-i-nit ljvilding p °;-rust - rtvcv,, fees. Flaltq WAN rf venue is genwand by applica'.;01-1 of O'd raes, a-nd is " 'i, -ecl d , 4,;7 : -elate -i :,c to vAnc of It UpwarentT New of -i.hat, i`t.--s and ..ixes coil C-med vare not inNuW!, ir, us,,-d by Wand to Phn±ng Comn&Aon to anatze this pwition. GROWTH WI-All'4A e-EE NT PLAN 'GAM INITACT: 'Flit NIP is the prevailing docunicnt to I -T su,ppor-c ',a-,-,d' ust 2czis`0,-,s -.u,-,!! as As pmpowd PUIE) A--nendim'C"n't Raffis to make a a 15-lAi-ing -ofcovisiqtency oir inc.onsistency wAth die cynylj&V as part of the rccorni-n end- ation for approval, approval with conditions, or denial of any rezoning PAW. A. En dog of CC&:s---nc, y the and th(- rcicignai`,'---',Ii is a cfthe ovsKi An dig ,.-0t w rnph& za'-4-� die PAW is !.ht Cc"'Jit.-T- co linty W w i i AC -C MN C,-PC Stan" P"ePort. th.,-c pi-op',:s�.d Packet Page -81- 1218/2 015 9.B. may also be found consistent with the Future Land Use Element, GMP Transportation Element and the Conservation and Coastal Managennent Element. Therefore, Zoning staff recommends that the petition be found ; consistent with the goals, objective and policies of the overall GMI PP. COLLIER COUNTY PLANNING COMIKIISSi4N ICC?0i i COIF MENDATIt_ N: The CCPC heard this petition on October 15, 2015. The CCPC heard testimony xom ti,e applicant's agent and County staff. During the discussion, the CCPC added certain conditions: the recreation facilities shall have a maximum height of 35 fwet; a Preserve Mara �.emen ?;an s'rla1, be consista „t },7i h Fp' - 't%ise pri:icipl --S and shall l;c submitted with the Site Developrnen, Plan,- `iOury of cpor iion shin,! be 6 'MI Q 10 'IM fb; t - i7e`vi% reQrc;ation facilities; liai ' c;oles �.:3._. bw, � a)Jrn' u Meet ii, :� °iL `, l � -1. _, .; U �° w, ,.ling +,itt H'�til Dark Sky prlrit:.'pleS, G.12U sa. iii, il.[ , —, ci.. ine nL-v,- r.c ._..:ter nai tQ small be 100 feet. A motion was rriac '-,- Cornmissior ei _Hom;al: pan' se-- .n,-ed 'omroissioncr Ebert to recvia nni ,-nd approval as both the -Environmental Advisory Council and the CCPC . The motion passed by a vote of 5 -0. Please note. , -CPC mcetin <% *t.E i _. i s:E.i: -'e ` 'Es a'e o ^.b -ction iattaclled}. TSA a r. 4. i P' 7 °' n o LEGAL CF.�I�..�F.�:�<?:A�'1!,0���. Tin's s a :�J .�.? -�i�. �,_ �es��. �lrk,., �,,:�yA. �:�� �i;�.,n the �,,�u,li ,i"it to prove that the r roposal is consistent with all of the criteria set fortis belox. The burden then shifts to the BCC, should it consider denial, that such denial is not arbitrar y, discriminatory or unreasonable. This would be E:cconlplished by finding, that th-e arty °rdm n, does not meet one or moi`e of the listed criteria. Criteria for PUB ezorke : Ask yourseI f 62 fi,911OW111a qR-eStiC;is. The CiF2S't Cd "sue aS 1SP VCYL it n£t.°d13eh 6 de e'b`nre "ta -ficTe fior approval or not. 1. Coriuid�:a. The suitability of tl e pica. �uUr thle ty .E, acid of proposed Iii relation to physical character sties of the `and, surrounding areas, traffic and access, drainaLe, sower, `eater, and oth °.r utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, Contract, or other incstrurnellts or for an.c-,iidiilents in %,.hose proposed, particularly as they Mai' r.,la-° t) aFrra i? ei1 3 it l! ! t, saops to :fie ..c.;.'.;w -li , corliin,,,un�g= opicrat-jon and mai. 'ena'ncc of su EC ar. -as anc, facilities a-e PiJ, ;;) be 'irovi d or :2 a ntatned at 1 expense? t r Z 1, y l C « Doll �.n 7n,9✓ J pun i+:.. C'.'�ic Se t" t rG� i'E}�., and 3 t �C : iZP39G�/.11`iG'!2. . J I3 (� y7., S�, !�,., CF72.3) QftE'T" G.'33ZS8 „rt1'al "'M bpdthi C CoZdnivAt orl2C v. 3. Consider~: C)r'f(wi°n.ity of the - prop�oscd Prul) ,_`'s tl e Bow s, obieot.k:es and policies of the Growth, 1`0ar.�i <wement''lan. 4. Consider: 711io inter Fal a .,. cxI.e,,._l may i.,cl „4e it `ic ic-�rS on locaiion buffo -ii a a ;L ,: rezzniri : ecp its ui Fwnl- co,- :,pa%ibii,? sit n, - o J c, . c6 i es, hi-1h c,o Ji;ons QI `' J, �,.. r i.. ' i2sl t,._...ils oil "-i'stD, Ci)d Pa,cl.ei: Page -82- 12/8/2015 9.B. 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. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ( "reasonably ") be used in accordance with existing zoning? (a "core" question...) Packet Page -83- 12/8/2015 9. B. 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.lI], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The 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. An affirmative vote of four is required for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further recommends that the Board of County Commissioners approves the Berkshire Lakes PUD Amendment, subject to the attached PUD Ordinance. Prepared by: Fred Reischl, AICP, Principal Planner, Zoning Division, Growth Management Department Attachments: 1) Ordinance 2) Staff Report 3) Application http: / /w,vvw.col lier2ov.net/ftp/2015BCCMeetin2s/AizendaDecOS I 5/GrowthWamt/App l ication 4) Correspondence Packet Page -84- 12/8/2015 9.B. COLLIER COUNTY Board of County Commissioners Item Number: 9.9.B. Item 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 approve an amendment to Ordinance No. 83 -46, as amended, the Berkshire Lakes Planned Unit Development by adding a 2.17 acre recreation area in the existing preserve and moving 2.17 acres of existing preserve to small separate preserve areas throughout Parcel "F "; by adding Section 7.05 to add a deviation to allow small separate preserve areas instead of continuous preserves; by adding Section 7.06 to provide additional development standards for the recreation tract near the southwest corner of Parcel "F "; by amending the Master Plan to reflect acreages for the recreation area, preserve areas and lakes /water management, drainage and utility easement area under the recreation and open space "0" District, and to depict the recreation area and separate preserve areas; and providing an effective date. The subject property, consisting of 1093± acres, is located at the intersection of Radio Road and Santa Barbara Boulevard in Sections 32 and 33, Township 49 South, Range 26 East, and Section 5, Township 50 South, Range 26 East, Collier County, Florida [PUDA- PL20150000303]. Meeting Date: 12/8/2015 Prepared By Name: ReischlFred Title: Planner, Principal, Zoning 10/12/2015 12:32:15 PM Approved By Name: BosiMichael Title: Division Director - Planning and Zoning, Zoning Date: 11/13/2015 8:02:39 AM Name: PuigJudy Title: Operations Analyst, Operations & Regulatory Management Date: 11/17/2015 9:11:50 AM Name: PuigJudy Packet Page -85- 12/8/2015 9.B. Title: Operations Analyst, Operations & Regulatory Management Date: 11/17/2015 9:11:59 AM Name: BellowsRay Title: Manager - Planning, Zoning Date: 11/17/2015 9:46:43 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Administration Date: 11/17/2015 11:26:14 AM Name: AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 11/20/2015 8:35:12 AM Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 11/20/2015 9:07:47 AM Name: KlatzkowJeff Title: County Attorney, Date: 11/23/2015 9:48:35 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 11/23/2015 12:01:06 PM Packet Page -86- 12/8/2015 9. B. ORDINANCE NO. 15 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 83 -46, AS AMENDED, THE BERKSHIRE LAKES PLANNED UNIT DEVELOPMENT BY ADDING A 2.17 ACRE RECREATION AREA IN THE EXISTING PRESERVE AND MOVING 2.17 ACRES OF EXISTING PRESERVE TO SMALL SEPARATE PRESERVE AREAS THROUGHOUT PARCEL "F "; BY ADDING SECTION 7.05 TO ADD A DEVIATION TO ALLOW SMALL SEPARATE PRESERVE AREAS INSTEAD OF CONTINUOUS PRESERVES; BY ADDING SECTION 7.06 TO PROVIDE ADDITIONAL DEVELOPMENT STANDARDS FOR THE RECREATION TRACT NEAR THE SOUTHWEST CORNER OF PARCEL "F "; BY AMENDING THE MASTER PLAN TO REFLECT ACREAGES FOR THE RECREATION AREA, PRESERVE AREAS AND LAKESIWATER MANAGEMENT, DRAINAGE AND UTILITY EASEMENT AREA UNDER THE RECREATION AND OPEN SPACE/PARK "O" DISTRICT, AND TO DEPICT THE RECREATION AREA AND SEPARATE PRESERVE AREAS; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING OF 10931 ACRES, IS LOCATED AT THE INTERSECTION OF RADIO ROAD AND SANTA BARBARA BOULEVARD IN SECTIONS 32 AND 33, TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PUDA- PL201500003031 WHEREAS, on August 16, 1983, the Board of County Commissioners approved Ordinance No. 83 -46, which established the Berkshire Lakes Planned Unit Development (PUD); and WHEREAS, the PUD has been amended numerous times; and WHEREAS, Frederick Hood, AICP of Davidson Engineering representing Countryside Master Association Inc., petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance 83 -46, the Berkshire Lakes PUD, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: [15- CPS - 01443/1222000/11 88 Rev. 110915 1 of Berkshire Lakes PUD — PUDA- PL20150000303 Packet Page -87- �tS/2015 9.B. T 1'�,CTICIN ONJ_ :.x. Pi af Saction -1.6 ti� add. a D_ -�a scd- 1- _JD Document of Ordinance Number 83-46, Berkshire Lakes PUD, as Au-tended< _Vlli cfthe Plhmned U-nit attac.1-0 aF Iy In, ioit A N-x 13,erks.air -,ak��s PUD, as arnen 'ec, is herelby aln-mdt6 '.c; �-,_Jfj, the following: LDC tin n lh�t S-,� ard tg njrr 7-vwUr.,1 a7ca's AIZ �07_100!`S. to in's-,,ea'd 0— .�X: ,�rese, C-, -,.3 Gf- srna" r ai-z�as ptu­�` 'in nce. F,,,s J.1 S­,j -,xj� b - attacne.,d, Jo.. � i's Q:-_ a C, - CO eeiia'n 7JIG f6� fo r 'Y rf, v 1, 2; ou Parcel IT". 7.06 ADDITIONAL STANDARDS Tjcji� follovvina- stn rolemental standards aToollv tc- 7,x'zJbi,, `fJ-1. and U11 'Ll'ic 1",/'Easter fhe temn. "nevW cree..-d ?Recreaticti area" shall U tho uaot ...... ....... t"5"InC.-P.ts for all )1-t-I-,-_r,7,c ay,_­ ,s slaall ard in ono r -m Site 1, - - eve c-rm�qnl, ;_`an of th-_ craafe2 Rec-I-e'ation 2. Prcs,trve setbacics will be consisfent ',ojt, i 11 3.05.07 11.3. ltv,a aaenp­nplan S, -all co;steyt-E Standards. The Preserve Managemngnt Plan shall 'be Drovldvd to County Drior to final Site _�._ ,i U4 e e.�. A Of 0he nl­-viv -ni e S F-1,101E U11 A M n c­ id in,,3r, nts. 'o flj.-2 ntar,­M sl;ail be7-, no') 'f ill: rie--;,71V c-,-,ated Recreation.-At-ea shall be sub*ect to the devolo-oment standards iii _ Siti­ - T 7� I T D LS... ... 1_1 " 7' � , J 2 o, I 5. C TS - 0 4 A 1 12 0 0, / 1 09 PFcke-i- Page C 2 C, ) niL 0 J 1 UD, as A L2 7.06 ADDITIONAL STANDARDS Tjcji� follovvina- stn rolemental standards aToollv tc- 7,x'zJbi,, `fJ-1. and U11 'Ll'ic 1",/'Easter fhe temn. "nevW cree..-d ?Recreaticti area" shall U tho uaot ...... ....... t"5"InC.-P.ts for all )1-t-I-,-_r,7,c ay,_­ ,s slaall ard in ono r -m Site 1, - - eve c-rm�qnl, ;_`an of th-_ craafe2 Rec-I-e'ation 2. Prcs,trve setbacics will be consisfent ',ojt, i 11 3.05.07 11.3. ltv,a aaenp­nplan S, -all co;steyt-E Standards. The Preserve Managemngnt Plan shall 'be Drovldvd to County Drior to final Site _�._ ,i U4 e e.�. A Of 0he nl­-viv -ni e S F-1,101E U11 A M n c­ id in,,3r, nts. 'o flj.-2 ntar,­M sl;ail be7-, no') 'f ill: rie--;,71V c-,-,ated Recreation.-At-ea shall be sub*ect to the devolo-oment standards iii _ Siti­ - T 7� I T D LS... ... 1_1 " 7' � , J 2 o, I 5. C TS - 0 4 A 1 12 0 0, / 1 09 PFcke-i- Page 9 1265/2015 93. 7. Use of the newiv created Recreation area shall be limited to the hours of 6:00 a.m. — 10:00 p.m. 8 Maximum height for lighting fixtures within the newly created Recreation Area shall be limited to 25-feet. All lighting shall be shielded from residential areas to avoid Aare. Lighting small be a directional type. aimed downward with shielding to reduce glare to adjacent properties. Illumination at all adjacent residential property lines shall not exceed 0.5 foot candles. 9 No outdoor paging or amplified systems shall be used as Dart of the newly created Recreation Area. SEC-1 -10 THREE: Amendments to Exhibit 11 -1, parcel'- " i4aster flan to Pi. D Document of Ordinance. Number 83-46, Berkshire Lakes I'UD. Exhibit 111-1, Parcel "F ", Master Plan to the Planned Unit Development Document, previously attached as Exhibit A to Ordinance Number 83 -46, the Berkshire Lakes PUD, as amended, is hereby amended and attached to this Ordinance as Exhibit "A ". SECTION FOUR: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADAPTED by super- majorit3T note of the Board of .County Commissioners of Collier County, Florida, this da .)1 of 201 5. ATTEST; BOARD OF COUT NTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: De- tv C h -rk TIM NANCE.. Chairman Approved as to form rnd legality: Heidi Ashton -Cicko Managing Assistant County Attorney i _ , I � i LnxE� � v IR' { I� r I t W r� o�t f 1� i 1 {t i Exhibit A _ I \` r GC LAKE 1 i �J, /. ._.. -•- ...Fyn. If t '', P " t r l ! GC _ GG R-2 GC � I r �I CV _ R-2 ! -; GC ;LAKE c j i R -2 t .. i ACRES r. 129.1 AC. .p t t 77.4 AC. GC t 16.0 AC. IAKE j iI O (PARR l OPEN - SPACE /GREENBELTS In _ I \` r GC LAKE 1 i �J, /. ._.. -•- ...Fyn. If t '', P " t r l ! GC _ GG R-2 GC � I r �I CV _ R-2 ! -; GC ;LAKE c j i R -2 t .. i ,� I, - TrAct l�q zw,a, ccse: BERKSHIRE LAKES PUDA CO i UNTRYSIDE GOLF AND O I' i, DAVID$OI^t I COUNTRY CLUB COUNTRYSIDE GOLF & COUNTRY �', °�'vEiA�sii�-�i5°•'� j (` I " ` "" CLUB CONCEPTUAL MASTER PLAN 1 f - 'VH rdL.KCL idrC -7U- 1208/2015 9.B. PARCEL F: PROJECT SUMMARY USE _ ACRES R -1 (RESIDENTIAL SINGLE- FAMILY) 129.1 AC. .p t t 77.4 AC. GC t 16.0 AC. GC (GOLF COURSE), MAINTENANCE& BUFFERS t 115.1 AC. iI O (PARR l OPEN - SPACE /GREENBELTS In • REC (RECREATION) t 2.17 AC. GC t 18.71 AC. • LAKES WATER MANAGEMENT ;ORAINAGE& j: LMLITY EASEMENTS =62-72 AC.I ! RIGHT -OF -WAYS t It.B AC. + TOTAL SITE AREA 333 AC, 1 � R -2 REC r R-2 P LAKE !i G-1 LAKE. 1 �— -C' I)Rf NAi r ;I -ILITY EASEMEM _% -- ev JR4It•Aw' r U'1 -'.n' Eh3 M:, ".I: _= ,� I, - TrAct l�q zw,a, ccse: BERKSHIRE LAKES PUDA CO i UNTRYSIDE GOLF AND O I' i, DAVID$OI^t I COUNTRY CLUB COUNTRYSIDE GOLF & COUNTRY �', °�'vEiA�sii�-�i5°•'� j (` I " ` "" CLUB CONCEPTUAL MASTER PLAN 1 f - 'VH rdL.KCL idrC -7U- 1208/2015 9.B. PARCEL F: PROJECT SUMMARY USE _ ACRES R -1 (RESIDENTIAL SINGLE- FAMILY) 129.1 AC. R -2 (RESIDENTIAL MULTI- FAMILY) t 77.4 AC. I C-1 (COMMERCIAL) t 16.0 AC. GC (GOLF COURSE), MAINTENANCE& BUFFERS t 115.1 AC. iI O (PARR l OPEN - SPACE /GREENBELTS t 73.6 AC. • REC (RECREATION) t 2.17 AC. • P (PRESERVE) t 18.71 AC. • LAKES WATER MANAGEMENT ;ORAINAGE& j: LMLITY EASEMENTS =62-72 AC.I ! RIGHT -OF -WAYS t It.B AC. + TOTAL SITE AREA 333 AC, GENERAL NOTES 1. ALL ACREAGES. EAGEPT FOR THE PRESERVES, ARE APPROXIMATE AND SUBJECT TO CHANGE . 2. A MINIMUM OF 18.71 ACRES OF PRESERVE ARE REQUIRED FOR THE COUNTRYSIDE GOLF $ COUNTRY CLUB PORTION OF THE BERKSHIRE LAKES PUD. USES WITHIN THE PRESERVES ARE LIMITED TO NATIVE PRESERVES AND WILDLIFE SANCTUARIES IN ACCORDANCE WITH SECTION VII: RECREATION AND OPEN SPACEIPARK CY SECTIONA OF THE PU'D DOCUMENT. AREAS IDENTIFIED AS REC (R£CRE'A71ONJ SHALL BE SUBJECT TO THE DEVELOPMENT STANDAP.OS OF THE O (RECREATION AND OPEN SPACEIPARKIAREA /NACCORDANCE WITH SECTION VII OF THE PLO DOCUMENT FULL ACCESS RIGHT -TJRR ACCESS OILY s:atE ix R:[f E TO: COLLIER COUNTY PLANNING CCIMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: OCTOBER 15, 2015 SUBJECT: PUDA- PL20150000303; BERKSHIRE LAKES PUD PROPERTY OWNER, APPLICANT & AGENT: Owner /Applicant: Countayside'Master Association, Inc. 260600 Countryside Drive Naples, FL 34104 Agent: Frederick E. Hood., AICP Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 ;'015 9.B. The applicant requests that the portion of the Berkshire Lakes Planned Unit Development (PUD) developed as the Countryside subdivision (333 acres) be amended. The applicant vvishes to relocate 2.17 acres of the Conservation/Water Management Area to other locations within the subdivision, in order to construct additional recreation facilities on the 2.17 acres. The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for an amendment to the Berkshire Lakes PUD, but the effects will only be applicable to the Countryside subdivision. GEOGR -PMC LOCATION: The Countryside property is 333- acres in size and is located wrest of Santa Barbara Boulevard, south of Radio Road, and north of Davis Boulevard. The site is accessed from Radio Road, Santa Barbara Boulevard, and Davis Boulevard. (See location map on the following page.) PURPOSE AND DESCRfPTION OF PROJECT: The applicant wishes to expand the existing recreational facilities in the vicinity of the clubhouse. To accomplish this, the applicant wishes to relocate a portion of the. Conservation/Water Management Area to areas adjacent to the golf course, The resulting project wall have the sane area of native vegetation. Berkshire Lakes, PUDA- PL20150000303 October 15, 201 5 CCPC Packet Page -91- Page 1 of 10 "n "3/2015 10 zi. D. (D z z 0 N I Z 0 0 -j F- LU 1 2/8/2015 9. B. SURROUNDING LAND USE AND ZONING: North: Radio Road ROW, across which are Berkshire Commons shopping center and single family homes, zoned Berkshire Lakes PUD; density: 7.4 DU/A,. East: Santa Barbara Boulevard ROW, across which are residences zoned Santa Barbara Landings PUD (density 7 DU/A), EMS Station, school and an undeveloped residential tract zoned Bembridge PUD (density 6 DU/A), and Shoppes at Santa Barbara PLTD (a maximum of 150,000 square feet of commercial). South: Davis Boulevard. ROW; across which are Freestate CPUD (a maximum of 150,000 square feet of commercial), and residences zoned Falling Waters PUD (density 4.95 DU/A). YkIest: Residences zoned Brettone Park, PUD; density: 4.14 DU/A,. Berkshire Lakes, PUD:-PL20150000303 October 15, 2015 CC P C Aerial Photo (CCPA) Packet Page -93- Page 3 of 10 12/8/2 015 9.B. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The Berkshire Lakes PUD was determined to be consistent with the GMP at the time of the ori« inal rezone. Staff reviewed the proposed amendment to determine if the petition can be found consistent with the goals, objective and policies of the overall. GMP. FUTURE LAND USE ELEMENT (FLUE): The reconfiguration of the preserve areas, without a reduction in acreage, has no effect on the FLUE; therefore, the proposed PUDA. may be- deemed consistent with the Future Land Use Element. TRANSPORTATION ELEMENT: Transportation Planning Staff has reviewed the proposed amendment and has found it consistent with the Transportation Element. CONSERVATION AND . COASTAL MANAGEMENT ELEMENT (CCME): Environmental Planning staff found this project to by consistent d }with the CCME because ffiz size of the preserve to be provided has not been reduced, however the areas will not be contiguous. A deviation to permit a non - contiguous preserve is proposed. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation rust be based, specifically noted. in LDC Subsection 10.02..1.3 B.5, Planning Commission Hearing and Recommendation (commonly refereed to as the "PUD Findings "), and Subsection, 10.02.08 F., Rrature of Requirernents of .Manning Commission Report (referred to as "Rezone Findings "), which establish the legal bases to support the CCPCs recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the following analyses. Environmental Review: Environmental Planning staff has reviewed the petition and the PUD document to address environmental concerns and has no objection to the deviation which. will permit non - contiguous preserves. Staff walked the sites with the applicant and found the proposed preserves to contain high quality native vegetation and to be located in areas of the golf course that are not high - traffic. A Preserve Management Plan shall be submitted with the Site Development Plan _"in-lendtment. Transportation Review: Transportation Staff reviewed the PUD and found the proposed amendment will not affect the Level of Service. Zoning Review: Zoning Staff has no objection to the deviation which will permit nor. - contiguous preserves. The expansion of the recreational area is compatible and complementary to the mix of uses in the PUD (fin Cher anatysis is provided in the Findings of Fact), Berkshire Lakes, PUDA- PL20150000303 Page 4 of 10 October 15, 2015 CCPC Packet Page -94- 12/8/2015 9.B. FINDINGS OF FACT :: This PUD Amendment is being heard by the CCPC because it is required to be heard by the EAC. 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 PUD Amendment and believes that the expansion of the recreational parcel and the creation of non - contiguous preserves is a good use of a PUD. The change will not have a major effect on traffic and other infrastructure. 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. Unified control was established at the time of rezoning and continues through the present ownership. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GAP). Staff has reviewed this petition and has determined that this amendment does not affect the PUD's consistency with the GMP, therefore, Staff is of the opinion that this petition may be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The location of the expanded recreational area was chosen to buffer the facility from existing residences within Countryside. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The change in the preserves is to location only. The acreage will remain the same. 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. It is Staffs opinion that the relocated preserves will not affect public or private facilities beyond what was approved in the existing PUD. 7 The ability of the subject property and of surrounding areas to accommodate expansion. Berkshire Lakes, PUDA- PL20150000303 October 15, 2015 CCPC Packet Page -95- Page 5 of 10 2118/2015 9. B. The current PUD was found consistent with the GMP and compatible with the ucighborhood. The proposed change to the preserves will not affect compatibility compatibi-fifty. 8. Conformity -o)ith PUD regulations, or as to desirable modifications of such regulations in the particii1ar case,. based on determination that such inodi ications are jiistifized as meeting public purpof es '`'- a degree G.I. le"-'Ist equilale, it to literal appl, col-.. or, of 'such reg-ulatiorts. The pnciposed amendment is coiisistent with PUD regulations, with the proposed deviatian. ared, E-Psks to meet a desirc-d puxpose of PrGV;d-ft-IR a.Ca s which 2're 0 �T I . . 4 Rezone FiLijilings: LD,-" 17"'OU2. 8.1 . "When p.n.xi.D.ir.,, LO tHic, ---�Zonni'U 01 i alicll the rc----o-t fr, na T11-je Plain m-Ing Connnniss;on to Idlo B&arrd of Couilty Commissioners— shall show that the Planning Commission has studied and considiered proposed ch,,anue in relation to the folkwin-- vAic-n applic,,,VbI.--" (Staff's responses to these crit'-ria a-r- - -0 IQ ri vi I cd " bold font): ile 0004S, 001-clfih"es' I& poi!"Cies C tie J,11j'a �v,�d the qftiw Gnol' Sin--e rlie :-,mnendnieant- oposc to rciocal- the are-s pud rc,� ol;rnin�zf-- th m, Staff recommei-tds that this petition be deemed cons-Isfea" wJ-Ih the CNIM 2. The use pattern; The existing land use pall-tern was reviewed and approved at the tiluc of the m'-iginal rozone. The proposed arnendnne-,-rt will not substantholly Ater fh---t ppattern. J. The iossib7e c7-ern"ion c-l"on 'Sol-la,r-ed ldis/,-Ict unrcl`�M.:,--! 1-0 aqf"'T'acciv o!7-17',7x-arby districts; -t J The jv-Gpased chargo vlfl nor'- 'A' re.oreaf-anal ft--cilicles i;i the sp-r-,e 2 e atir-i-P v,71R L, - -1 'i relocate a portic)n of thei CO-nServatiorAVate". are", t.'O arelas but iii the golf course. No isolated district, unrelated to adjacent districts, is created. I ' 4. , 00, , m. - I - 1,T'he.Ther exist!'T70 6,1.311,1CI ."CuIes are Yior;icaily dran"';P' in relation 10 CXISM29condition.s on the prvpert}� proposed for° change. Tl:�(. pre—cs,�-d c"h.aa-a w,-7i area relwcp4e- P nor -ion of Oce -vl nil "itgernent ar(-'P f,')z a. 1'2' P'll-Ifting ffze aCIII eourse District bmmdati"'?S a-"- ilaCTICI-JU S. TFhether chonged or changing conditions snake the passage of'the proposed rezoning necessary. TWs E�aclation is apprqariate -Wanded tu. i tE.4 %c facilhies, inciad;ng sports ceurts, 6, 'ivi -g coi? "!'mu ii,- the 1-.,e-I1gt`v')o, 01:39- C'77.c qd'7o se T-11'�� I lc' gfian (A�' th reSidences, Berksilire Lake�:, PUDA-PL201 1501"00303 P a zz C, 10 0 c'n, b e r 15--, 2. 015 C', P C Packet Fate. -96- 12/8/2015 9. B. 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 affectpublic safety. Transportation Staff reviewed the PUD and found no change to the Level of Service. 8. Whether the proposed change will create a drainage problem; The PUD will be required to meet South Florida Water Management District standards and therefore, will not create a drainage issue. 9. Whether the proposed change will seriously reduce light and air to adjacent areas, The site planning process, PUD dimensional standards and LDC requirements will ensure that light and air circulation are not seriously affected. 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 many 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; Since the Berkshire Lakes PUD is existing, the proposed amendment should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the GMP which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. If1hether 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 land -uses; however, the petitioner wishes to expand the recreational facilities by adding sports courts. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The subject PUD was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of Berkshire Lakes, PUDA- PL20150000303 Page 7 of 10 October 15, 2015 CCPC Packet Page -97- 12/8/2015 9.B. land uses deemed to be acceptable throughout the urban - designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The proposed change is to expand an existing recreational facility for an existing residential community. 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. This project will undergo evaluation relative to all federal, state, and local development regulations during the site development plan approval process and again 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. This petition has been reviewed by County Staff that is responsible for jurisdictional elements of the GMP as part of the PUD process and Staff has 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. Deviation Discussion: The petitioner is seeking approval of one deviation from the requirements of the LDC. 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 maybe accomplished, and while protecting thepublic interest ... . Please see attached Deviation Justifications provided by the applicant (Attachment H). Berkshire Lakes, PUDA- PL20150000303 October 15, 2015 CCPC Packet Page -98- Page 8 of 10 12/8/2015 9.B. Deviation 1 — A deviation from LDC Section 3.05.07.A.5 which requires that preserves be interconnected within the site, to allow non - contiguous preserve areas. Petitioner's Rationale: The Applicant wishes to have non - contiguous preserve areas in order to permit an expansion of the recreational facilities. Staff Analysis and Recommendation: Staff has no objection to this deviation since the proposed preserve areas are high quality upland vegetation. The deviation will not have a detrimental effect on health, safety and welfare. ENVIRONMENTAL ADVISORY COUNCIL (EAC) REVIEW: The CCPC sitting as the EAC is required to hear this petition because of the requested deviation to the preserve requirement. NEIGHBORHOOD INFORMATION MEETING (NIM): A NIM was held on August 24, 2015 at 5:30 PM at the Countryside clubhouse. Several questions were asked. A recurrent theme regarded the "playability" of the golf course roughs after they become preserve areas'. The response was that the roughs would remain playable since the applicant will submit a "fire- safe" Preserve Management Plan with the Site Development Plan Amendment, which will allow maintenance of ground cover as well as trimming. Please see attached NIM Summary. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's office reviewed this Staff Report on October 2, 2015. RECOMMENDATION: Staff recommends that the CCPC forward Petition PUDA- PL20150000303, Berkshire Lakes PUD to the BCC with a recommendation of approval. Attachments: Draft Ordinance Application & Support Material Berkshire Lakes, PUDA- PL20150000303 October 15, 2015 CCPC Packet Page -99- Page 9 of 10 '12/8/2015 9. B. PW-,',PAR-ED BY: FD,'REISCH!, AICP, PRINCIPAL PLANNER DATE z o, -f ,'i T. DIVISION R-TE'VIEVVED BY: P T �7 C) A"'- R V. BI AIN GE ZONIII;QDIVISION Mll,,��-E'1131'.S'I. DIRECTOR I)' TE FINCH DEPT TY DEPARTMFNT I 1- HEAD DAIFE GRO W TH '6.NAGEIN.vTE-.,'T DEPARTMENT ML HEAD GROWTH 1\11ANAGEMENT DEPARTMENT T, schcdulcd, for thl- 10. 2015 Berkshire, ';-'can 1U of 10 -.e 0 c t c b Packet Page -100- IF "i -, ! � ��c 8/2015 9. B. Liz E ms "i -, ! � ��c 8/2015 9. B. IIA",5URANCE-&nnIANCIALSERWrE,5 Reini-c-se n tf no a 01 11-1,5t I" an I! Com!)a I, ios October 12, 2015 8112015 9. B. 194 St. James Way NarAes, Flodda 34104 PHU NE 1-S47-304-7993 FAX 1+866-906-0755 E-MAIL: moneysal@comcast.net WEB PAGE: %vxkw.MonevsaI.com t,A - , [,,A a �-� I . , Cr Srain C h, a ir rn a Coilier County 'annino Comnnizson 2K0 North Horl--�eshoe Drive cliC NoPle-, Floid'a NA.�. Stmin Cnairnnian, Mir. -i--1 Reisch; and Mr. Pay SelIows several days for 1i,,e pjrrcse of having rny wriMen comments made part of the re--crd for the October h 2 3 15 I I - Et OF CPINION ON THIS PROJECT -�S 1 HAVE STATED, I' 1S D;RFICU'LT FOR T HOSE VVHO HIAVE A DIFFER Co rk'ZiC,4e re'S104enits ;' G tne':'r 0 n:C-S Gr Fr-4 St 'h :s pia'i anb n Se Gtr 1c have- expressed +ne appropriate O�;, jr.0, S ;-cstt!cn, m zne -miecl C�-Iave s0uc;�'r P'r L n author'M'e-z havc been chast!seo an,-' ndicLied ano consi;'-aer as vv el! as So rather than sPeak at the October 15 meeting I am subrnifting this lettar which if necessary can k -a rea' at, the meeting Th;;s 'IeUer is ,ega.Fdi;n2, �- ly con-,rner.'Ls Io be ;ncluded for t1he record cir Octcb- --r 15, 20i 1 pubNilc hea-"Mig P UDA- PI-20150,000,30-3 as stated in the Se-;D1,ent�er 25, 2015; ietLer f-o-T) Mr. Reisci�- , new pro'-C! am rmv'ldl' ig Pny A's a ras�dani oil Soif a cc-u-t�rY C C � nim " t -C ;Pj i'; C7 U I have ownedmi the community since 1989 and have becom.- a Permanent r-=sident since July 2013 and see no financial c-, envircru'rienta-1; adv:Znzal�ez th-�� tte Pro:='C' -;-c, 2 e 7::: ot-,,e-s aI re snow :D,-as v,-o Si8y at Z C 1A C) -;ve s' en p r c, s 'j ie,-L, -,,t a s �: r F. S S r, 5--- t4i"t au s `i,,'h other St-roljn�mg c�ubs. 1, was c�cjpcsed fo- the purpose- of compe':!-g rc mi 'Lies, — '.� 1 4 J i wit o'! �e -�01 n -mc It has been staled". '11;a' C-oun*"; !S-),I'-'-" cG to inc-ease o�ur p ,rrkintg rl 4. 2:e TO '31-, 7`-ice .C.ate c-ousts or, add I ��n& or. ARE ��,.'E PIZECIURED 7,0 INCREA'S'E' PA,.RK1!,JG "N A COMMIUNI T Y T HAT IS LIFE a HEAL:? , i32ckelt Page -102- S lei N S 110 1 \11 Mr. Mark Strain Chairman Page 2 October 12, 2015 WE COULD NEVER. REBUILD THE CLUBHOUSE WITHOUT ADDING ADDITIONAL PARKING SPACES? WHAT HAPPENS IF THE CLUBHOUSE IS DESTROYED BY A HURRICANE? ARE WE THAN ALLOWED TO BUILD A NEW CLUBHOUSE WITHOUT A CONCERN FOR INCREASED PARKING SPACES? IN THE EVENT THE PROJECT IS NOT PASSED DOES THIS MEAN WE CANNOT REMODEL OR, EXTEND THE CLUBHOUSE BECAUSE OF PARKING REQUIREMENTS We have the same population as I stated that will never increase, so 1 don't understand this alleged requirement. During the summer months the facilities are seldom utilized after the owners and renters depart back north. (Refer to picture enclosed) . has been stated that the project will draw individuals to our community. IN MY 26 YEARS IN THE COMMUNITY I HAVE SEEN NO ISSUES WITH RENTALS OR, SALES. AS A MATTER OF FACT IN SEASON IT BECOMES DIFFICULT TO MAKE TEE TIMES OR, ATTEND FUNCTIONS DUE TO THE EVENTS SOLD OUT! Increasing parking for the same population THAT WILL NEVER INCREASE and to relocate tennis courts which already exist and extend a fitness center to accommodate visitors for 3 - 6 month's, is a waste of land DISRUPTION OF THE ENVIRONMENT AS WELL AS WASTE OF MONEY! For the record, I am NOT opposed to updating our community, but would rather prioritize the update to be applied to the club house as well as to the golf course. THIS TO ME MAKES MORE SENSE THAN TO DISTURB AN ENVIRONMENT SO WE CAN HAVE UNNECESSARY ADDITIONAL PARKING SPACES THAT ARE NOT NEEDED AND TENNIS COURT'S TO HOST TOURNAMENTS AS WELL AS A FITNESS CENTER THAT WILL BE UTILIZED MINIMIALLY DURING SEASON. Sincerely Sal Siciliano- Concerned Countryside Resident Packet Page -103- 12/8/2015 9.B. NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday, December 8, 2015, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the. proposed Ordinance is as follows: ,An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 83 -46, as amended,' the Berkshire Lakes" Planned Unit. Development by adding a 2.17 acre recreation area in the existing preserve and moving Z 2.17 acres of existing preserve to small separate preserve areas throughout parcel ."F"; by adding Section 7.05 to add a deviation to allow small separate preserve areas instead M N 0 of continuous preserves; by adding Section 7.06 to provide additional development standards for the recreation tract n near the southwest corner of Parcel "F "; by amending the master plan j to reflect acreages for the recreation area, preserve areas and Z Takes /water.: management, drainage and utility easement area under the recreation and open space /park "0" District, and to y' depict the recreation area and separate preserve areas; and A providing an effective date., The subject property, consisting of 1093± acres, is located at the intersection of Radio Road and (D Santa. Barbara Boulevard -in Sections 32 and 33, Township 49 South, Range 26 East, and Section 5, Township 50 South, Range 26 East, Collier County, Florida [PUDA- PL20150000303]. u1 Di 1 A cop of the. proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. Z NOTE: All persons wishing to speak on any agenda item must o da register with the County, manager prior to presentation of the agenda item to be 3 addressed Individual speakers will be limited to 3 minutes on any item. The selection of any individual Cr to speak on behalf of an organization or group is encouraged. r If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. 00 Persons wishing to have written or graphic materials included in o the Board agenda packets must submit said material a minimum tin of 3 weeks prior to the respective public hearing. In any case, A W written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days to the �'" � G prior public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. if you area 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) November 18, 2015 Packet Page -104- No. 799377