Agenda 01/28/2014 Item # 9AProposed Agenda Changes
Board of County Commissioners Meeting
January 28, 2014
Note:
Item #9A: Letters of Objection to the Pelican Lake petition
were inadvertently omitted from the printed agenda packet.
Copies have been supplied to Commission members, as well as the
County Attorney and Minutes and Records Department, and were
included on the on -line version of the agenda packet. (Staffs request)
Continue Item #11E to the February 11, 2014 BCC Meeting: Recommendation to approve the
Purchasing Manual; authorize the use of a County Attorney approved standard purchase order
delegated to the County Manager and executed by the Purchasing Director for the general
procurement of goods and services; and, delegate the signature authority to the County Manager
and executed by the Purchasing Director for County Attorney approved non - standard vendor
agreements for goods and services up to $50,000 and approved annual cooperative contracts
[Section 18B] which are reported and approved per Section Seven of the Purchasing Ordinance.
(Commissioner Hiller's request)
Continue Item #16D5 to the February 11, 2014 BCC Meeting: Recommendation to approve a
Resolution superseding Resolution No. 2013 -28 establishing New Bike Locker Rental Fees, Policies
and Procedures at the Collier Area Transit Intermodal Transfer Facility located at the Government
Center. (Staffs request)
Time Certain Items:
Item #11B to be heard at 10:00 a.m.
Item #11C to be heard at 11:00 a.m.
1/28/20149:06 AM
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1/28/2014 9.A.
EXECUTIVE SUMMARY
Recommendation to approve an Ordinance amending Ordinance Number 97 -70, the Pelican Lake Planned
Unit Development, to allow on a recreational vehicle lot an accessory structure with up to 350 square feet of
area for cooking laundry, storage or recreational activities. The subject property is located on the east
side of Collier Boulevard (SR -951) in Section 15, Township 51 South, Range 26 East, Collier County,
Florida, consisting of 101.3 + /- acres. (Petition number PUDA- PL20130000476)
OBJECTIVE: To have the Board of County Connmissioners (BCC) review staffs 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.
CONSIDERATI NS: The subject site was rezoned from RSF -1 to Planned Unit Development (PUD) in
Ordinance Number 92 -78, the Southwoods PUD, on October 20, 1992, to allow for a recreational
vehicle park. This Ordinance was later repealed by Ordinance Number 97 -70, Pelican Lake PUD on
November 18, 1997. (Please see Attachment B: Ordinance Number 97 -70.)
Ordinance Number 97 -70 allows for a 400 lot travel trailer recreational vehicle (TTRV) park with
associated facilities that include customary accessory uses. The TTRV is built -out and has 289 TTRV
lots.
The PUD currently allows for two accessory uses and structures that are customarily associated with a
TTRV:
1. an enclosed utility /storage area structure not to exceed an area of 100 square feet, and
2. an attached screened -in porch that is not to exceed an area equal to the area of the recreational
vehicle to which it is attached.
In addition to the above accessory uses and structures, the petitioner is seeking to amend the PUD
document to add', a third accessory use and structure:
"A detached accessory structure, inhabitable and architecturally compatible with the associated
accessory structure in the Park Common areas such as the clubhouse, post office and gate house. The
accessory uses must be residential and include but not limited to cooking, pursuit of hobbies, social
gatherings, laundry, bathroom, storage and entertaining guests. The size of the structure is limited to a
single story with usable square footage not to exceed three hundred fifty (3 50) square feet. The structure
may incorporate heating and cooling systems and must be designed, permitted and constructed in
accordance with Federal, Local and State guidelines and building codes."
The proposed accessory structure must be located adjacent to its associated recreational vehicle and
comply with the accessory setbacks of:
Front yard setback: 10 feet
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- Side yard setback: 5 feet
- Rear yard setback: 5 feet
Staff has conducted a site visit and notes that while the recreational vehicle sites have an enclosed
utility /storage area structure, no attached screened -in porches were observed.
Currently, the TTRV lots range in size from 55'x97'(3850 square feet) to 80'x90'(or 7200 square feet).
The individual lots are screened from each other by a wall of vegetation that is typically 10 to 15 feet
tall. In addition, all of the lots either front on a large 35 +/- acre lake or abut a landscape buffer or
preserve area. There are no TTRV lots that have an abutting TTRV lot along their rear lot line.
FISCAL EWPACT: 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 prior to the issuance of building permits to help offset the impacts of
each new development on public facilities. These impact fees are used to fund projects identified in the
Capital Improvement Element 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 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.
COLLIER COUNTY PLANNING COMMISSION WCPQ RECOMMENDATION• The CCPC
heard petition PUDA- PL24130000476, Pelican Lake Planned Unit Development (PUD) on December 5,
2013, and by a vote of 6 to 1 recommended to forward this petition to the Board of County
Commissioners (BCC) with a recommendation of approval subject to the following stipulations which
have been incorporated into the PUD document:
1. Air conditioner compressors may not be located on the side of the accessory use that is adjacent to
the side yard property line.
2. A Site Vegetation Photo Survey of the area between the proposed accessory structure and the
adjoining lot shall be provided to assure that existing vegetation is not removed.
3. An accessory structure may not be used as a primary dwelling or a guest house. Sleeping is
prohibited in the accessory structure and the accessory structure shall not be occupied unless a motor
coach is present on the lot.
4. The entrance to the accessory structure shall be located across from the principal use (motor coach)
and the accessory structure doorway shall be no greater than a 45 degree angle when a corner mounted
doorway(s) is utilized.
5. The height of any accessory use is limited to 15 feet.
WIN
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6. The proposed accessory use language in PUD Section 3.3 B.6.c. shall be deleted. PUD Section 3.3
B.6.a) shall be amended to allow a 308 square -foot enclosed utility /storage area (inclusive of all added
roofs over entries. except typical roof overhangs).
7. The proposed accessory use shall include the footprint of the existing utility /storage structure.
The CCPC Commissioner who voted in denial of the petition stated that the large size of the accessory
structure is such that it will become a guest house or primary structure. It will become too difficult for a
Home Owners Association or for Code Enforcement to maintain LDC (Land Development Code)
compliance. There were also two CCPC Commissioners who stated that they would support a larger
accessory structure at 320 square feet.
Letters of objection have been received. Therefore, this petition has been placed on the Regular
Agenda.
LEGAL CONSIDERATIONS: This is an amendment to the existing Pelican Lake PUD (Ordinance No.
97 -70). The burden falls upon the applicant for the amendment to prove that the proposal is consistent
with all of the criteria set forth below. The burden then shifts to the Board of County Commissioners
(BCC), should it consider denial, that such denial is not arbitrary, discriminatory, or unreasonable. This
would be accomplished by finding that the amendment does not meet one or more of the listed criteria.
Criteria for PUD Amendments
Ask yourself the following questions. The answers assist You in making a determination for approval
or not
1. Consider: The suitability of the area for the type and pattern of development proposed in relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and
other utilities.
2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other
instruments or for amendments in those proposed, particularly as they may relate to arrangements or
provisions to be made for the continuing operation and maintenance of such areas and facilities that are
not to be provided or maintained at public expense? Findings and recommendations of this type shall be
made only after consultation with the County Attornel'.
3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the Growth
Management Plan.
4. Consider: The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements. restrictions on design,. and buffering and screening
requirements.
5. Is there an adequacy of usable open space areas in existence and as proposed to serve the
development?
6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the
adequacy of available improvements and facilities, both public and private.
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7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. ^
8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in
the particular case, based on determination that such modifications are justified as meeting public
purposes to a degree at least equivalent to literal application of such 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 Amendment be appropriate considering the existing land use pattern?
11. Would the requested PUD Amendment 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 ir.
accordance with existing regulations?
20. Consider: Whether the proposed change will constitute a grant of special priviiege 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.
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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 amendment on the
availabilio; of adequate public facilities and services consistent with the levels of service adopted in the
Collier County Growth Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended.
26. Are there other factors, standards, or criteria relating to the PUD amendment 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. This item has been approved as to form and legality, and requires an affirmative vote of
four for Board approval. (HFAC)
GROWTH MANAGEMENT IMPACT: Future Land Use Element (FLUE): Comprehensive Planning
staff finds the proposed rezone consistent with the Future Land Use Element. A more detailed
description of the GMP consistency is contained in the Staff Report.
RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends
that the BCC approve the request for PUDA- PL20130000476, Pelican Lake Planned Unit Development
(PUD) subject to the CCPC stipulations.
Prepared By: Nancy Gundlach, AICP, PLA
Planning & Zoning
Attachments:
I ) Staff Report
2) Proposed Ordinance
3) Ordinance number 97 -70
4) Location Map
5) Master Plan
6) Application Part 1:
hnt): //www.collier�-,ov.net /ftp /AL,enda.lan28l 3 /GrowthM--mt /9.AApl2licationPartl PelicanLake.pdf
7) Application Part 2:
hLp• / /",NA collier(zov net / ftp/ AgendaJan2813/ GroNNIhMamt/ 9. A10714ApplicationPart2PelicanLake .pdf
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COLLIER COUNTY
Board of County Commissioners
Item Number: 9.9.A.
Item Summary: Recommendation to approve an Ordinance amending Ordinance Number
97 -70, the Pelican Lake Planned Unit Development, to allow on a recreational vehicle lot an
accessory structure with up to 350 square feet of area for cooking, laundry, storage or
recreational activities. The subject property is located on the east side of Collier Boulevard (SR-
951) in Section 15, Township 51 South, Range 26 East, Collier County, Florida, consisting of
101.3 + /- acres. (Petition number PUDA- PL20130000476)
Meeting Date: 1/28/2014
Prepared By
Name: GundlachNancy
Title: Planner, Principal,Comprehensive Planning
12/31/2013 3:35:42 PM
Submitted by
Title: Planner, Principal,Comprehensive Planning
Name: GundlachNancy
12/31/2013 3:35:43 PM
Approved By
Name: BellowsRaN
Title: Manager - Planning. Comprehensive Planning
Date: 1/2/2014 3:59:04 PM
Name: PuieJudN7
Title: Operations Analyst, GMD P &R
Date: 1/3/2014 3:19:31 PM
Name: BosiMichael
Title: Manager - Planning.Comprehensive Planning
Date: 1/7/2014 2:37:14 PM
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Name: AshtonHeidi
Title: Section Chief/Land Use- Transportation,County Attor
Date: 1/7/2014 3:10:39 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 1/16/2014 9:39:47 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 1/16/2014 2:47:54 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 1/17/2014 4:58:41 PM
Name: OchsLeo
Title: County Manager
Date: 1/21/2014 1:47:35 PM
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1/28/2014 9.A.
STAFF REPO .'
COLLIER COUNTY PLANNING COMMISSION
COLLIER COUNT -17 PLANNING COMMISSION
PL ANTNIN: & 270NING DEPARTMENT
GROV7H MANAGEMENT DIVISION, PLANNING AND REGULATION
HEARING DATE: DECEMBER 5, 2013
SUBJECT: PUDA- PL201300000476, PELICANT LAKE PUD
(PLANNED UNIT DEVELOPMENT)
*Pelican Lake Property Owners Association
of Collier County, Inc.
4555 Southern Breeze Drive
Naples, FL 34114
AGENT
Mr. Christopher :J. Thornton, Esquire.
Goede, Adamczvk & DeBoest. PLLC
8950 Fontana Del Sol Way, Suite 100
Napies, FL 34109
Please note: this amendment is being bought forward by the Property Owner's Association and
not the 289 individual TTRV lot owners.
IEOUESTED ACTION, :
The petitione-- requests tha th,. Collier Count- Planning Commission (CCPC) consider an.
application fo° ar amendment to Ordinance Number 97 -70, the Pelican Lake Planned Unit
Deveiopmen . to allow on a recreational vehicle lot an additional accesson structure with up to
350 square fees of area for cooking, laundn-. storage oi recreational activities. (Please see
Attachment P_: Proposed Ordinance.)
GEOGRAPHIC LOCATION,:
The subject 1013+1 - acre Planned Unit Development is located on the east side of Collier
Boulevard (SR 951), approximately 2 miles south of Tamiami Trail East (US 41) at 4555 Southern
Breeze Drive, Naples, Florida, in Section 15, Township 51 South, Range 26 East, Collier County..
Florida. (See the Location Map on page 2.)
PELICAN LAKE PUD, PUDA- PL201300000476
November 21, 2013
Page 1 of 15
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^ PURPOSE/DESCRIPTION OF PROJECT:
The subject site was rezoned from RSF -1 to Planned Unit Development (PUD) in Ordinance
Number 92 -78, the Southwoods PUD, on October 20, 1992, to allow for a recreational vehicle
park. This Ordinance was later repealed by Ordinance Number 97 -70, Pelican Lake PUD on
November 18, 1997. (Please see Attachment B: Ordinance Number 97 -70.)
Ordinance Number 97 -70 allows for a 400 lot travel trailer recreational vehicle (TTRV) park with
associated facilities that included customary accessory uses. The TTRV is built -out and has 289
TTRV lots.
The PUD currently allows for two accessory uses and structures that are customarily associated
with a TTRV :
1. an enclosed utility /storage area structure not to exceed an area of 100 square feet, and
2. an attached screened -in porch that is not to exceed an area equal to the area of the
recreational vehicle to which it is attached.
In addition to the above accessory uses and structures, the petitioner is seeking to amend the PUD
document to add a third accessory use and structure:
"A detached accessory structure, inhabitable and architecturally compatible with the associated
accessory structure in the Park Common areas such as the clubhouse, post office and gate house.
The accessory uses must be residential and include but not limited to cooking, pursuit of hobbies,
social gatherings, laundry, bathroom, storage and entertaining guests. The size of the structure is
limited to a single story with usable square footage not to exceed three hundred fifty (350) square
feet. The structure may incorporate heating and cooling systems and must be designed, permitted
and constructed in accordance with Federal, Local and State guidelines and building codes."
The proposed accessory structure must be located adjacent to its associated recreational vehicle
and comply with the accessory setbacks of-
- Front yard setback:
10 feet
- Side yard setback:
5 feet
- Rear yard setback:
5 feet
Staff has conducted a site visit and notes that while the recreational vehicle sites have an enclosed
utility /storage area structure, no attached screened -in porches were observed.
Currently, the TTRV lots range in size from 55'x97'(3850 square feet) to 80'x90'(or 7200 square
feet). The individual lots are screened from each other by a wall of vegetation that is typically 10
to 15 -feet tall. In addition, all of the lots either front on a large 35 +/- acre lake or abut a landscape
buffer or preserve area. There are no TTRV lots that have an abutting TTRV lot along their rear
lot line.
PELICAN LAKE PUD, PUDA- PL201300000476
November 21, 2013
Page 4 of 15
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SURROUNDING LAND USE AND Z®NINQ
North: a TTRV Park, with a zoning designation of Silver Lakes MPUD (Mixed -use Planned Unit
Development), a 146 + /- acre PUD
East: single - family residences with a zoning designation of Copper Cove Preserve Rt'UD, a
101 + /- acre PUD
South: a golf driving range and undeveloped land with a zoning designation of Rural Agriculture
(A), and then a residential golf course development with a zoning designation of Fiddler's
Creek PUD, a 2133 + /- acre PUD
West: Collier Boulevard (SR 951), a 4 -lane arterial road and then undeveloped land with a
zoning designation of Rural Agriculture (A)
PELICAN LAKE PUD, PUDA- PL2013D0000476
November 21, 2013
AERIAL PI1GTO
Page 5 of 15
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GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element: The Pelican Lake Planned Unit Development (PUD) is within the
designated Urban Mixed Use District, Urban Coastal Fringe Subdistrict. The purpose of this
Subdistrict is to provide transitional densities between the Conservation designated area (primarily
located to the south of the Subdistrict) and the remainder of the Urban designated area (primarily
located to the north of the Subdistrict). The Subdistrict comprises those Urban areas south of US
41, generally east of the City of Naples, and generally west of the Rural Fringe Mixed Use District
Neutral Lands, but excludes Section 13, Township 51 South, Range 26 East, and comprises
approximately 11,354 + /- acres and 10 percent of the Urban Mixed Use District. The entire
Subdistrict is located seaward of the Coastal High Hazard Area Boundary. In order to facilitate
hurricane evacuation and to protect the adjacent environmentally sensitive Conservation
designated area, residential densities within the Subdistrict shall not exceed a maximum of 4
dwelling units per acre, except as allowed in the Density Rating System to exceed 4 units per acre
through provision of Affordable Housing and Transfers of Development Rights, and except as
allowed by certain FLUE Policies under Objective 5, and except as provided in the Bayshore
Gateway Triangle Redevelopment Overlay. New rezones to permit mobile home development
within this Subdistrict are prohibited. Rezones are recommended to be in the form of a Planned
Unit Development.
For the most part, the FLUE is silent to accessory structures - they are simply allowed as uses
subordinate to principal uses. The Density Rating System does provide that density calculations
only apply to residential dwelling units and do not apply "to accessory dwellings or accessory
structures that are not intended and/or not designed for permanent occupancy... include guest
houses, servants quarters, mother -in -law's quarters, cabanas, guest suites, and the like."
The Pelican Lake PUD was originally approved under Ordinance Number 92 -78 as "Southwoods"
PUD on October 20, 1992 for a Recreational Vehicle Park and Commercial Earth Mining for
property located at the northeast quadrant of Collier Boulevard (SR 95 1) and Championship Drive.
The PUD was later amended on November 18, 1997 by Ordinance Number 97 -70, (repealing the
previous Ordinance Number 92 -78), to allow up to 400 (TTRVC) recreational vehicles. Currently,
the project is described as being fully developed with 289 platted TTRV lots along with common
areas.
The applicant seeks to amend Section III of the PUD document, Section 3.3 Permitted Uses, by
adding paragraph "c ", to Section 3.3 B. 6, accessory uses and structures, as follows:
"A detached accessory structure, inhabitable and architecturally compatible with the associated
accessory structure in the Park Common areas such as the Clubhouse, post office and gate house.
The accessory uses must be residential and include but not limited to cooking, pursuit of hobbies,
social gatherings, laundry, bathroom, storage and entertaining of guests. The size of the structure
is limited to a single story with usable square footage not to exceed three hundred fifty (350)
square feet. The structure must be adjacent to its associated recreational vehicle and in
compliance with the setbacks provided in Section 3.4 of this document. The structure may
incorporate heating and cooling systems and must be designed, permitted, and constructed in
accordance with Federal, State and Local guidelines and building codes. "
PELICAN LAKE PUD, PUDA- PL201300000476
November 21, 2013
Page 6 of 15
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Future Land Use Element Policy 5.4 states: "New developments shall be compatible with, and ^
complementary to, the surrounding land uses, as set forth in the Land Development Code
(Ordinance Number 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended)."
Please refer to the Zoning Review section of this Staff Report for the compatibility analysis.
Transportation Element: Transportation Planning Staff has reviewed the petitioner's Traffic
Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient
capacity to accommodate this project within the 5 -year planning period. Therefore, the subject
application can be found consistent with Policy 5.1 of the Transportation Element of the GMP.
Conservation and Coastal Management Element (CCME): Environmental review staff found
this project to be consistent with the CCME.
Based upon the above analysis, Comprehensive Planning Section Staff finds the request for
accessory structures to be consistent with the Future land Use 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 LDC Subsection 10.02.13. B.5,
Planning Commission Hearing and 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 basis to support the CCPC's ^
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 Services Staff reviewed this petition and recommends
approval.
Transportation Review: Transportation Staff has reviewed this petition and recommends approval.
Utility Review: The Utilities Department Staff has reviewed this petition and recommends
approval.
Zoning Review: 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, as it
relates to the requirement or limitations set forth in the FLUE of the GMP.
The petitioner is seeking to add an additional 350 square -foot accessory structure to a recreational
vehicle lot. As previously stated, the PUD currently allows the following accessory structures: a
100 square -foot utility /storage area, and an attached screened -in porch that is not to exceed an area
equal to the area of the recreational vehicle to.which it is attached.
PELICAN LAKE PUD, PUDA- PL201300000476
November 21, 2013
Page 7 of 15
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111-N All of the recreational vehicle lots have an accessory 100 square -foot utility /storage area structure.
Staff has reviewed the site layout plans that were submitted by the applicant and has concerns
regarding the impact of a fully extended recreational vehicle (a recreational vehicle has potentially
4 sides that can "pop -out" up to 30 inches per side), an open awning which can extend up to 8 feet,
a screened in porch that can be as large as the recreational vehicle to which it is attached, and a
100 square -foot utility /storage area structure. The cumulative area of all of these accessory uses
far exceeds the principal recreational vehicle use more than 3 times. (Note: traditionally, an
accessory use can be no larger than 40 percent of the principal use. In this case, the accessory uses
are in excess of 300 percent of the principal use.)
Staff is concerned about the 350 square foot accessory use being occupied year round, threreby
increasing the intensity and density of the seasonal TTRV land use.
Staff is also concerned about the impact of the location of the proposed 350 square foot accessory
structure on a TTRV lot that can be used for cooking, pursuit of hobbies, social gatherings,
laundry, bathroom, storage and entertaining guests. Currently, the PUD document allows for a 5-
foot side yard setback. This would result in an accessory structure that can be used for "social
gatherings.....and entertaining guests" to be located closer to a neighboring recreational vehicle
(10 feet) than it is to the recreational vehicle that it is accessory to. Please see attached Lot
Layouts. Staff is also concerned about the impact of the proposed structures on the landscaping
which has created a "unique, lush, and tropical feeling" at this recreational vehicle resort park.
As previously stated, Staff has conducted a site visit and notes that while the recreational vehicle
sites have an enclosed utility /storage area, no attached screened -in porches were observed.
Staff does not recommend approval of the proposed amendment in its current form for the reasons
stated above. However, Staff could recommend approval if the PUD document were revised to:
1. Allow either an enclosed utility /storage area not to exceed an area of 100 square feet as
described in PUD Section 33 B.6. a. or a 350 square -foot accessory structure as described
in the proposed amendment language.
Specify that the 350 square -foot accessory structure shall have a height limit of 15 feet.
3. The 350 square -foot accessory- structure shall not be in use when the motor coach is not
parked at the site.
Staff proposes that the PUD language be revised to state the following:
c) A detached accessory structure, ale -awl architecturally compatible with the assee ae
aeeessery stmetwe iB the Pa& Gemmen e •eh as the clubhouse, post office and gate
house. The accessory try- miffit be- r-esideStkg afid iffelude - but -08 tote structure is
limited to the followinouses: cooking, pursuit of hobbies, social gatherings, laundry,
bathroom, storage and entertaining guests. The size of the structure is limited to single story
with usable maximum square footage not to exceed three hundred fifty (350) square feet. The
PELICAN LAKE PUD, PUDA- PL201300000476
November 21, 2013
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structure must be adjacent to its associated recreational vehicle and otherwise in compliance
with the setbacks provided in Section 3.4 of this document. The structure may incorporate
heating and cooling systems and must be designed, permitted, and constructed in accordance
with Federal, Local and State guidelines and building codes.
PUD FINDINGS:
LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the Planning
Commission shall make findings as to the PUD Master Plan's compliance with the following
criteria:"
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.
This is a PUD amendment. The previously approved TTRV land uses remain and this
amendment is for the purpose of allowing an additional accessory use.
2. Adequacy of evidence of unified control and suitability of any proposed 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.
Documents submitted with the application, which were reviewed by the County Attorney's
Office, demonstrate unified control of the property. The PUD document and the general
LDC development regulations make appropriate provisions for the continuing operation and
maintenance of common areas.
3. Conformity of the proposed Planned Unit Development with the goals, objectives and
policies of the GMP.
County Staff has reviewed this petition and has offered an analysis of the relevant goals,
objectives and policies of the GMP within the GMP discussion of this staff report. Based on
that analysis, Staff is of the opinion that this petition can be found consistent with the overall
GMP.
4. The internal and external compatibility of proposed uses, which conditions Mai- include
restrictions on location of improvements, restrictions on design, and buffering and screening
requirements.
The proposed PUD amendment to add a 350 square foot accessory structure has no impact
on the external compatibility of the subject PUD. However, the proposed addition of the 350
square foot accessory structure does have an impact on the internal compatibility of the land
uses within the subject PUD. As previously mentioned, the additional impact of proposed
accessory structure with the other permissible accessory structures is 3 to 4 times the size of
the principal structure that it serves.
PELICAN LAKE PUD, PUDA- PL201300000476
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Furthermore, the proposed additional accessory structure has a noise impact on the
neighboring recreational vehicle located on the adjacent lot. It also has an impact on the
existing landscaping that is located between adjacent TTRV lots as the landscaping is wider
than the 5 -foot side yard setback.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
The open space set aside for this project meets the minimum .requirement of the LDC.
6. The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private.
All necessary improvements and facilities are already in place to serve this development. In
addition, the project's development must comply with all other applicable concurrency
management regulations when development approvals are sought.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
If "ability" implies supporting infrastructure such as wastewater disposal system, potable
water supplies, characteristics of the property relative to hazards, and capacity of roads,
then the subject property has the ability to support expansion based upon 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.
As mentioned previously in this Staff Report, the proposed addition of a 350 square -foot
accessory structure proposed will conform with current PUD regulations. However, Staff is
requesting a height limitation of 15 feet in order to create greater compatibility.
REZONE FINDINGS:
LDC Subsection 10.03.08 F. states. "When pertaining to the rezoning of land, the report and
recommendations of 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, and policies and
future land use map and the elements of the GMP.
The Comprehensive Planning Department has indicated that the proposed PUD amendment
is consistent with all applicable elements of the Future Growth Management Plan (GMP).
PELICAN LAKE PUD, PUDA- PI201300000476
November 21, 2013
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2. The existing land use pattern.
This amendment will not affect the existing land use pattern. The existing land use pattern
will remain the same.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
Not applicable. The district boundary is existing and established.
4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the
property proposed for change.
Not applicable. The districts are existing and established.
5. Whether changed or changing conditions make the passage of the proposed amendment
necessary.
The proposed change is not necessary, per se; but it is being requested in compliance with the
LDC provisions to seek such changes because the petitioner wishes to do so.
6. Whether the proposed change will adversely influence living conditions in the neighborhood.
The proposed change will adversely impact the living conditions in the neighborhood. As
previously stated, the accessory 100 square -foot utility /storage area structure, the fully
extended recreational vehicle ( "pop- outs" up to 30 inches on each side of the RV), the open
awning extending up to 8 feet, and a screened in porch that can be as large as the
recreational vehicle to which it is attached, all contribute to a congested, cluttered RV lot.
The cumulative area of all of these accessory uses far exceeds the principal recreational
vehicle use more than 3 times. In addition, the current setback for accessory structures such
as the proposed 350 square -foot accessory structure is a 5 -foot side yard setback. This will
result in an accessory structure location that is closer to the neighboring RV than the RV
that it serves and is accessory to.
7. Whether the proposed change will create or excessively increase traff c 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 proposed amendment will not adversely impact traffic circulation.
8. Whether the proposed change will create a drainage problem.
The proposed amendment will not affect drainage. Furthermore, the site is subject to the
requirements of Collier County and the South Florida Water Management District.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
The proposed amendment will not reduce light and air into adjacent areas. The development
PELICAN LAKE PUD, PUDA- PL201300000476
November 21, 2013
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standards such as height limitations, setbacks, open space and landscaping provisions ensure
adequate light and movement of air into adjacent areas.
10. Whether- the proposed change would 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.
All of the properties adjacent to the subject site are already developed except for the
Agricultural zoned properties located to the south and west. The basic premise underlying
all of the development standards in Section III of the PUD document and the Land
Development Code is that their sound application, when combined with the site development
plan approval process and/or subdivision process, gives reasonable assurance that a change
in zoning will not result in deterrence to improvement or development of adjacent property.
Therefore, the proposed zoning change should not be a deterrent to the improvement of
adjacent properties.
12. Whether the proposed change will constitute a grant of special privilege to an individual
n owner as contrasted with the public welfare.
The proposed development complies with the Growth Management Plan which is a public
policy statement supporting zoning actions when they are consistent with said
Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of
special privilege. Consistency with the FLUE is further determined to be a public welfare
relationship because actions consistent with plans are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning.
The property already has a PUD zoning designation and could be developed within the
parameters of that zoning ordinance; however, the petitioner is seeking this amendment in
compliance with LDC provisions for such amendments. The petition can be evaluated and
action taken as deemed appropriate through the public hearing process. Staff believes the
proposed amendment meets the intent of the PUD district and further, if the Staff
recommendations are incorporated into the PUD document, the public interest will be
maintained.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the county.
The proposed 350 square -foot accessory structure is out of scale with the needs of the
neighborhood. However, as previously stated, if the Staff recommendations are incorporated
PELICAN LAKE PUD, PUDA- PL201300000476
November 21, 2013
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into the PUD document, the proposed amendment could be found to be in scale with the
neighborhood.
15. Whether it is impossible to find other adequate sites in the county for the proposed use in
districts already permitting such use.
This finding is not applicable to this project. The TTRV use is already permitted on this site.
16 The physical characteristics of the property and the degree of site alteration which would be
required to make the property usable for any of the range of potential uses under the proposed
zoning classification.
Any development anticipated by the PUD document would require some site alteration. This
project will undergo evaluation relative to all federal, state, and local development
regulations during 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 GMP and as defined and
implemented through the Collier County adequate public facilities ordinance.
The development will have to meet all applicable criteria set forth in LDC Section 6.02.00
regarding Adequate Public Facilities for the project. It must be consistent with all applicable
goals and objectives of the GMP regarding adequate public facilities. This petition has been
reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of
the rezoning process, and that staff has concluded that no Level of Service will be adversely
impacted.
18. Such other factors, standards, or criteria that the Board of County Commissioners 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 MW
The applicant duly noticed and held the required meeting on Augus 28, 2013 at 5:30 p.m. at the
Pelican Lake Clubhouse at 4555 Southern Breeze Drive, Naples, Florida. Approximately 7 people
from the community along with the applicant, agent, Home Owner's Representatives and County
Staff attended the meeting. For further information please see Attachment C: "SummanT of
Neighborhood Information Meeting for Pelican Lake PUDA" prepared by the applicant.
To date, no letters of opposition have been received.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney's Office has reviewed the staff report for Petition PUDA- PL20130000476 on
November 14, 2013.
PELICAN LAKE PUD, PUDA- PL201300000476
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RECOMMENDATION:
Zoning and Land Development Review staff recommends that the Collier County Planning
Commission forward Petition PUDA- PL20130000476 to the Board of County Commissioners
with a recommendation of approval subject to the following revisions to the PUD document:
1. Allow either an enclosed utility /storage area not to exceed an area of 100 square feet as
described in PUD Section 3.3 B.6. a. or a 350 square -foot accessory structure as described
in the proposed amendment language.
3. Specify that the 350 square -foot accessory structure shall have a height limit of 15 feet.
4. The 350 square -foot accessory structure shall not be in use when the motor coach is not
parked at the site.
4. The proposed PUD language shall be revised to state:
c) A detached accessory structure, ale -atd architecturally compatible with tke- asseeiated
aeeessefy swaetffe ifi the Parr Genffneft aFeas sueh the clubhouse, post office and gate
house. The accessory uses - Hiu.,tber-esidefrtial -and iffelude but not "mite'' to structure is
limited to the foll2nbg uses: cooking, pursuit of hobbies, social gatherings, laundry,
bathroom, storage and entertaining guests. The size of the structure is limited to single story
with usable maximum square footage not to exceed three hundred fifty (350) square feet. The
structure must be adjacent to its associated recreational vehicle and otherwise in compliance
with the setbacks provided in Section 3.4 of this document. The structure may incorporate
heating and cooling systems and must be designed, permitted, and constructed in accordance
with Federal, Local and State guidelines and building codes.
Attachments:
A. Proposed PUD Ordinance
B. Ordinance Number 97 -70
C. Lot Layouts
D. Summary of Neighborhood Information Meeting for Pelican Lake PUDA
PELICAN LAKE PUD, PUDA- PL201300000476
November 21, 2013
Page 14 of 15
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PREPARED BY-
ATE
NANCY GUNDLAF-
C. AICP, PRINCIPAL PLANNER D
GROWTH MANAGEMENT DIVISION
REVIEWED BY-
1P
/-7
RAYM YT. BELLOWS, ZONING MANAGED_ DATE
GROWhlI MANAGEMENT DIVISION
MICHAEL BOSI, AICPI DIRECTOR DATE
GROWTH MANAGEMENT DIVISION,
APPROVED BY.
NICK (-'AS A-Di\41NIS7-'l,-AT0E- DATE
GTRO)�,17 TH !Vil'- IQ --!vF �7 DT".7TSj,Dj,�
Tentatively scheduled for the January 20'. 20 131 Board of County _ornmissioners Meeting
PELICAN LAKE PUD, PUDA-PL201300000476
November 21, 2013
Page 15 of 15
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1/28/2014 9.A.
ORDINANCE NO. 14-
AN ORDINANCE. AMENDING ORDINANCE NUMBER 97 -70, THE
PELICAN LAKE PLANNED UNIT DEVELOPMENT, TO ALLOW ON A
RECREATIONAL VEHICLE LOT AN ACCESSORY STRUCTURE WITH
UP TO 350 SQUARE FEET OF AREA FOR COOKING, LAUNDRY,
STORAGE OR RECREATIONAL. ACTIVITIES. THE SUBJECT
PROPERTY IS LOCATED ON THE EAST SIDE OF COLLIER
BOULEVARD (SR -951) IN SECTION 1.5, TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 101.3 + /- ACRES.
[PUDA- PL20130000476
WHEREAS, on November 18. 1997.. the Board of' County Commissioners approved
Ordinance No. 97 -70 which established the Pelican Lake Planned Unit Development zoning
classification: and
WHEREAS. Pelican Lake Property Owners Association of Collier County, Inc. represented
by Christopher J. Thornton. Esquire of Goede. Adamczvk & DeBoest. PLLC petitioned the Board
of Countv Commissioners of Collier County, Florida to add an accessory use to the Pelican Lake
PUD.
NOW. THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that:
SECTION ONE: AMENDMENT TO SECTION 3.3.B.6 ENTITLED ACCESSORY USES
OF THE PUD DOCUMENT ATTACHED AS EXHIBIT A TO
ORDINANCE NO. 97-70.
Subsection ,.,.B.6 of' Section III of the Planned unit Development. attached as Exhibit "A"
Lo (Ordinance No. 9 - -70. is hereby amended to read as foliow-s:
f:. Accessory uses and structures customaril,. associated with travel trailer recreational
vehicle lots. inciudin <g:
a) An enclosed utility /stora�-,e area not to exceed an area ol, one three hundred ei?h.
H09) (308) square feet inclusive of all added roofs over entries. except tvrical
roof overhangs. Any utility /storage area may be located adjacent to its associated
recreation vehicle in compliance with the setbacks provided in Section ,.4.0 of
this document. The utility /storage area may be a continuous part of a screened -in
porch where such a porch is attached to the vehicle as herein provided.
Notwithstandina the foregoin„ . the followlina conditions shall apy1v to anv
enclosed utility /storage area installed. constructed or expanded after the effective
date of this Ordinance: i) air conditioner compressors may not be located on the
side ward of the enclosed utility /storage structure that is adjacent to the property
lane_ ii) prior to installation or construction of the enclosed utility /storage
Pelican Lake PUD Page 1 oft
PUDA- PL20 1 3 00004 76 Text underlined is added: text stmek thfourg ; is deleted
Rev. 12/19/13
Packet Page -35-
1/28/2014 9.A.
structure. a site vegetation photo survev shall be provided by owner to assure that
existing vegetation in the area between the proposed enclosed utility /storage
structure and the adioininL! lot is not removed: iii) an enclosed utilitv!storaae
structure may not be used as a dwelling unit or a g=uest house. Sleeping, is
prohibited in the enclosed-utility/storage structure and the enclosed utility /storage
structure shall not be occupied unless an occupied recreational vehicle as
described in Section 3.3.A.I of the PUD is present on the lot: iv) the entrance to
the enclosed utilitv.istorage structure shall face the recreational vehicle as
described in Section 3.3.A.1 of the PUD and the doorway to the enclosed
utility /storage structure shall be no _(Treater than a 4', degree angle when a comer
mounted doorway is utilized: v) the height of anv enclosed utility /storage
structure is limited to one story not to exceed fifteen (1 5) feet in actual height:
and vi) anv expansion of an existin ( enclosed utilitv!storaee structure shall
include the footprint of the existing enclosed utilitvistorage structure. except
where the existing structure may encroach into the side yard setback.
b) An attached screened -in porch elevated or at ground level with a solid roof
structure. architectural iv compatible with its associated recreation vehicle.. not to
exceed an area equal to the area of the recreational vehicle to which it is attached.
Said screened -in porch may provide for any site utility /storage space
requirements as herein provided and shall not contain anv other interior walls.
All such screened enclosures must be permitted and constructed according to this
Code and applicable building codes. No heating. air conditioning or heater
systems or parts of systems including ducts or grills may be constructed or
contained in such screened -in porch. Exterior walls may be enclosed with vinyl
windows. except that the storage area may be enclosed with the same material as
the principal unit.
SECTION TWO: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DUL)' ADOPTED by super - majority vote of the Board of County
Commissioners ofTollier Count. Florida. this day o:` ?O14.
ATTEST:
DWIGHT E. BROCK. CLERIC
By: By:
Depute Clerk
Approved as to form and legality:
Heidi Ashton -Cicko
Managing Assistant County Attorney
CP113 -CPS - 01235181
Pelican Lake PUD
Pt1DA- PL20130000476
key. 12/19/13
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
TOM HENNING. Chairman
Paee 2 of 2
Text underlined is added; text swaek t#reu4 is deleted
Packet Page -36-
ORDINANCE 91 -7U
1/28/2014 9.A.
N
^t
AN ORDINANCE AMENDING ORDINANCE NUMBER
91 -102, THE COLLIER COUNTY LAND
c
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE OFFICIAL ZONING
• rR ;-
ATLAS MAP(S) NUMBERED 1615N BY CHANGING
THE ZONING CLASSIFICATION OF THE HEREIN
,;�
r_q �ti
DESCRIBED REAL PROPERTY FROM "PUD" TO
"PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
:-;PELICAN
LAKE, FOR PROPERTY LOCATED ON THE
EAST SIDE OF SR -951, IN SECTION 15,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 101.3+
ACRES; PROVIDING FOR THE REPEAL OF
ORDINANCE NUMBER 92 -78, AS AMENDED, THE
FORMER SOUTHWOODS PUD; AND BY PROVIDING
AN EFFECTIVE DATE.
1/28/2014 9.A.
N
^t
G
�
c
0
.:
LE
WHEREAS, Bruce Tyson of Wilson, taller, Barton 6 Peek, Inc.,
representing Pelican Lake limited Partnership, petitioned the Board of
County Commissioners to change the zoning classification of the herein
described real property;
NOW THERE ORE 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 15, Township 51 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(s) numbered 1615N, as described
in Ordinance Number 91 -102, the Collier County Land Development Code,
is hereby amended accordingly.
SECTION TWO:
Ordinance Number 92 -78, as amended, known as the Southwoods PUD,
adopted on October 20, 1992 by the Board of County Commissioners of
41 Collier County, is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the
Department of State.
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1/28/2014 9.A.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this /0day of 1997.
ATTEST: ,,
BOARD OF COUNTY COMMISSIONERS
�IGyS• Clerk
COLLIER COUNTY, FLORIDA
''f��� • {� a �A ' :;� �•
•
-r • , � .w� try
dD.C.
;� y�;; G.a. • ' :;' �..
BY:� ff
TIMOTHY L. HANCOCK, Chairman
prclv' �sto «,Fdm,Fand
.. L••eCja�'•Suffi��ie�1q�%.:i'i•^
1 i IOw�IIw� i�i•,LL (
this ordinonc^ with the
Ma— rle ' M. Student
Sec story cf ;r• .. . ;; f.ce the
Assistant County Attorney
4.4-w -dCyof 7�ev, ., 2-51Z
and cck ?,n,•: ^.'•- -a_nt of that
fJIi -' r^ 'Cd ihiis��•4•�,CA---day
f /POD -92 -611) ordinance
of,.f�L.
er
o.w.n• Qwk
Packet Page -38-
I /Lt5 /LU "14 y.H.
STATE OF FLORIDA)
COUNTY OF COLLIER)
0 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:
OIDINANCE NO. 97 -70
Which was adopted by the Board of County Commissioners on the 18th day
of November, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners.of Collier County, Florida, this 19th day of November,
1997.
DWIGHT E. BROCK
Clerk of Courts and;dlerl', .'
Ex- officio to Board.'
County Commissioners. -.
By: /s/ od 5: Kuehrle ,� 0'r:
Deputy Clerk' . "• '.
Packet Page -39-
jftM- U§ v. oti -sr,.m
RW Lm. "%
MM7.01.00 ► nn
1/28/2014 9.A.
PELICAN LAKE
A
PLANNED UNIT DEVELOPMENT
101.3f Acres Located in Section 15
Township 51 South, Range 26 East,
Collier County, Florida
PREPARED FOR:
PELICAN LAKE LIMITED PARTNERSHIP
2330 W. JOPPA ROAD, SUITE 210
LUfHERVILLE, MD 21093
PREPARED BY:
WILSON, MILLER, BARTON & PEEK, INC.
3200 BAILEY LANE, SUITE 200
NAPLES, FLORIDA 34105
FIEWI-1.1
YOUNG, VANASSENDERP & VARNADOE
801 LAUREL OAK DRIVE, SUITE 300
NAPLES, FLORIDA 34108
NNE, 1997
DATE REVISED Oct 21. 1992
DATE REVIEWED BY CCPC Sept. 17. 1992
DATE APPROVED BY BCC Oct. 20. 1992
ORDINANCE NUMBER 92 -78
AMENDMENT FILED June 25, 1997
DATE APPROVED BY CCPC
DATE APPROVED BY BCC Nov. 18, 1997
ORDINANCE NUMBER 97 -70
Packet Page -40-
•
TABLE OF CONTENTS
LIST OF EXHIBITS
STATEMENT OF COMPLIANCE AND SHORT TITLE
SECTION I - PROPERTY OWNERSHIP & LEGAL DESCRIPTION
SECTION II - PROJECT DEVELOPMENT
SECTION III - RECREATIONAL VEHICLE LAND USE
SECTION IV - CYPRESS PRESEWIE
SEC11ON V - GENERAL DEVELOPMENT COMMITMENTS
IWNJ -M&S Vr. 01' -Blyf
mw.Ifs*
ND"74014" -9777
11
Packet Page -41-
1/28/2014 9.A.
PAQE
ll
2 -1
3 -1
4 -1
5 -1
1/28/2014 9.A.
LIST OF EXHIBITS
EXHIBIT A PUD MASTER PLAN AND CONCEPTUAL SURFACE WATER
MANAGEMENT PLAN (WMB &P, INC. FILE NO. RZ -206a)
EXHIBIT B AERIAL PHOTOGRAPH AND LOCATION MAP (WMB &P, INC. FILE NO.
RZ -206b)
EXHIBIT C BOUNDARY AND TOPOGRAPHIC SURVEY (WMB &P, INC. FILE NO. 4J-
241)
EXHIBIT D COMMUNITY SERVICES MAP
EXHIBIT E LANDSCAPE BERM AND BUFFER STATE ROAD 951 AND MARRIOTT
CLUB DRIVE (CHAMPIONSHIP DRIVE) (WMB &P, INC. FILE NO. RZ-
206e)
IOAM-29685 Va: 01l.BTywn
„.l..� .
N0277.901400.► -7777
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1/28/2014 9.A.
STATEMENT OF COMPLIANCE
The purpose of this section is to express the intent of the WMBS &P Profit Sharing Plan and Trust,
hereinafter referred to as the Developer, to create a Planned Unit Development (PUD) on 101.3*
acres of land located in Section 15, Township 51 South, Range 26 East, Collier County, Florida.
The name of this proposed Project shall be PELICAN LAKE. The development of PELICAN
LAKE as a PUD will be in compliance with the planning goals and objectives of Collier County as
set forth in the Growth Management Plan. The development will be consistent with the growth
policies and land development regulations adopted thereunder of the Growth Management Plan
Future Land Use Element and other applicable regulations for the following reasons:
1. The subject property is within the Urban Residential Land Use Designation as identified on
the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future
Land Use Element.
2. The Future Land Use Element of the Growth Management Plan makes an exception of
Recreational Vehicle Campground or Parks from the density rating system applicable to all
other residential development, and specifically provides that the density prescribed in the
TTRVC zoning district is the density that is allowed. A PUD entirely devoted to
recreational vehicle development is for all intent and purposes equivalent to the TTRVC
zoning district.
3. The project development is compatible and complementary to existing; and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
Improvements are planned to be in substantial compliance with applicable land
development regulations as set forth in Objective 3 of the Future Land Use Element.
The project development will result in an efficient and economical extension of community
facilities and services as required in Policies 3. LH and L of the Future Land Use Element.
6. The project development 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.
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7. The subject property is within the area encompassed by the Stipulation for Dismissal and
Settlement Agreement, dated July 20, 1982, between Deltona Corporation, various agencies
of the State of Florida, conservation intervenors, and Collier County, hereinafter referred to
as the "Settlement Agreement."
SHORT TITLE
This ordinance shall be known and cited as the "PELICAN LAKE PLANNED UNIT
DEVELOPMENT ORDINANCE ".
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SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
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The purpose of this section is to set forth the location and ownership of the property, and to
describe the existing condition of the property proposed to be developed under the project
name of Pelican Lake.
The subject property being approximately 101.3 acres, is described as:
The south 1100 feet of the north '' /z, of the north ' /z. of Section 15, Township 51 south,
Range 26 east, lying east of State Road No.951, Collier County, Florida.
The subject property is currently under the ownership of Pelican Lake Limited Partnership,
2330 W. joppa Blvd., Suite 210, Lutherville, MD 21093.
A. The project site is located in Section 15, Township 51 south. Range 26 east, and is
bordered on the west by State Road 951, on the north by undevelopcd land and
Silver Lakes PUD, on the east by property zoned MHSD and on the south by
Championship Drive and Marco Shores PUD.
B. The reference and zoning classification of the subject property prior to the date of
this approved PUD Document was Southwoods PUD.
•
The project site is located within South Florida Water Management District No. 6. Natural
drainage of the site is in a northeast to southwest direction. Sheetflow from the north is
collected by an interceptor ditch located in the Championship Drive right -of -way. This
interceptor ditch discharges south and west via the SR 951 right- of-way ditch and a
drainage pipe under Championship Drive discharging in Marco Shores PUD.
The proposed water management system will be the lake detention type.
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Vegetation on site is predominantly pine flatwoods. A small cypress area, to be preserved,
is located adjacent to the eastern property line.
Elevations within the site range from 2.3 to 3.8 feet above mean sea level. Most of the site
averages an elevation of 3.0. All of the site is within Flood Zone AE7 according to FIRM
Map 1 20067 061 SD.
Pelican Lake PUD shall be a Recreational Vehicle (TTRV) park with associated facilities
which may include, but shall not be limited to, a clubhouse, associated recreational facilities
and customary accessory uses, a cypress preserve and open space as more specifically set
forth in Section 3 of this document.
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SECTION ti
PROJECT DEVELOPMENT
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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.
A. Regulations for devei,.pment of Pelican Lake shall be in accordance with the
contents of this document, PUD- Planned Unit Development District and other
applicable sections and parts of the Collier County Land Development Code in
effect at the time of building permit application. Where these regulations fail to
provide developmental standards, then the provisions of the most similar district in
the County Land Development Code shall apply.
B. Unless otherwise defined herein, or as necessarily implied by context, 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 time of building permit application.
C. Development permitted by the approval of this petition will be subject to a
concunency review under the Adequate Public Facilities Article 3, Division 3.15 of
the Collier County Land Development Code or its successor provision at the time of
building permit issuance.
D. Ali conditions imposed herein or contained on the Master Plan for Pelican Lake
PUD are part of the regulations which govern the manner in which the site may be
developed.
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The project Master Plan, including layout of streets and use of land for the various tracts, is
illustrated graphically by Exhibit "A ", PUD Master Plan, (WMB &P, Inc. File No. RZ-
206a). Minor variations to land use designations and acreage within the project may be
permitted at final design to accommodate vegetation, encroachments, utilities, market
conditions, and other hereto unforeseen site conditions. The specific location, size, and
configuration of individual tracts or recreational vehicle sites shall be determined at the time
of site development plan approval in accordance with Article 3 Division 3.3 of the Collier
County Land Development Code, or its successor provision.
• M %No 1
A maximum of 400 TTRV lots shall be constructed in the total project area. The gross
project area is approximately 101.3 acres. The gross project density, therefore, will be a
maximwn of 3.9 units per acre.
A. If TTRV lots arc sold on a fee simple basis, the project shall follow the design and
development standards and review procedures in accordance with the requirements
established in Article 3, Division 3.2 of the Collier County Land Development Code
or its successor provision. The developer reserves the right to request substitutions
to the standards set forth in applicable regulations.
B. If the project is operated as a rental park (no fee simple sale of 'I -I'IZV lots), the
project shall follow the standards and review procedures established in Article 3.
Division 3.3 of the Collier County Land Development Code, or its successor
provision.
C. Appropriate instruments will be provided at the time of infrastructuml
improvements regarding any dedications and method for providing perpetual
maintenance of common facilities.
2.6 ROADWAYS
Roads and other infrastructure may be either public or private. depending on location,
capacity, and design. The determination as to whether a road shall be public or private shall
be made by the developer, his successors or assignee at the time of County approval.
Standards for roads shall be in compliance with the applicable provisions of County Code
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regulating subdivisions, unless otherwise approved as a substitution during subdivision
approval. Standards for roads shall also be in compliance with the applicable provisions of
the Settlement Agreement. The Developer, his successors or assignee reserve the right to
request substitutions to Code design standards in accordance with Article 3, Division 3.2.,
Section 3.2.7.2 of the Collier County Land Development Code, provided the proposed
standards would be consistent with the Settlement Agreement standards.
2.7 LAKE SITING
The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7 of the
Collier County Land Development Code may be reduced with the approval of Project
Review Services.
Utilization of the rights -of -way for landscaping decorative entrance ways and signage shall
be reviewed and approved by Project Review Services prior to any installations.
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Model homes and a Sales Center shall be permissible pursuant to the requirements of
Article 2, Division 2.6, Section 2.6.33.5 and Article 3, Division 3.2, Section 3.2.6.3.6, of the
Collier County Land Development Code or their successor provision.
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Amendments may be made to the PUD Document or PUD Master Plan as provided in
Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land Development Code, or
its successor provision.
If the property is to be subdivided into any individual tracts or lots to be transferred to
another entity, then in that event, the developer shall create a property owners association
whose function shall include provision for the perpetual care and maintenance of all
common facilities and open spaces subject further to the provisions contained herein. Said
property owners association shall provide restrictive covenants concerning the use of (lie
common facilities and open space and shall provide an assessment process for funding the
maintenance and care of said facilities.
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SECTION III
RECREATIONAL VEHICLE LAND USE
3.1 PURPOSE
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The purpose of this Section is to identify specific development standards for areas
designated on Exhibit "A ", PUD Master Plan as Recreational Vehicle (TTRV), Recreation
and/or Open Space.
The maximum number of TTR'. lots allowed within the project is 400.
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. Principal Uses:
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1. Travel trailers, park trailers, truck campers, camping trailers, motor homes,
conversion vans and any other recreational vehicle not specifically
mentioned, that is designed to provide temporary or seasonal living quarters
for recreational, camping or travel use: One (1) per lot, or site.
2. Commercial earthmining.
3. Any other use or service which is comparable in nature with the uses set
forth in 3.3.A.1, of this document and which the Development Services
Director determines to be compatible in the district.
B. Accessory Uses:
1. Customary uses and structures that are accessory and incidental to the uses
permitted as of right.
2. One (1) caretakers residence in conjunction with the operation of the park.
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3. Accessory uses and structures customarily associated with travel trailer
recreational vehicle parks, including recreation and social facilities (both
indoor and outdoor), administration buildings, service /maintenance
buildings including bathrooms, storage (including RV and boat storage),
laundries and similar services for residents of the park.
4. Pedestrian and bicycle paths or other similar facilities constructed for
purposes of access to, or passage through the recreation and open space
areas.
5. Small docks, piers or other such facilities constructed for purposes of lake
recreation.
6. Accessory uses and structures customarily associated with travel trailer
recreational vehicle lots, including:
a) An enclosed utility /storage area not to exceed an area of one hundred
(100) square feet. Any utility /storage area may be located adjacent
to its associated recreation vehicle in compliance with the setbacks
provided in Section 3.4.0 of this document. The utility/storage area
may be a continuous part of a screened -in porch where such a porch
is attached to the vehicle as herein provided.
b) An attached screened -in porch elevated or at ground level with a
solid roof structure, architecturally compatible with its associated
recreation vehicle, not to exceed an area equal to the area of the
recreational vehicle to which it is attached. Said screened -in porch
may provide for any site utility /storage space requirements as herein
provided and shall not contain any other interior walls. All such
screened enclosures must be permitted and constructed according to
this Code and applicable building codes. No heating, all
conditioning or heater systems or parts of systems including ducts or
grills may be constructed or contained in such screened -in porch.
Exterior walls may be enclosed with vinyl windows, except that the
storage area may be enclosed with the same material as the principal
unit.
7. A convenience commercial facility (including store, laundry and dry
cleaning agencies, beauty shops and barber shops) no greater than fifteen
thousand square feet (15,000) in total land area. This facility shall provide
for the exclusive sale of convenience items to park patrons only, and shall
present no visible evidence of their commercial character, including signage
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and lighting, from any public or private street or right or way external to the
park.
8. Water Management Facilities and lakes.
' ►� ► I 1 �I ANI 7:j7 7•y
A. Minimum Lot Area: 2800 square feet, 5600 square feet for caretakers residence.
I* B. Minimum Lot Dimensions:
1. Width: Average of 40 feet
2. Depth: Average of 70 feet
C. Minimum Yards:
1. Front: Ten (10) feet
2. Side: Five (5) feet
3. Rear: Eight (8) feet, five (5) feet for an enclosed utility /storage area
located on a TTRV lot.
4. From Exterior Boundary of Park: Thirty (30) feet
5. From State Road 951 or Championship Drive: Fifty (50) feet
6. From Buildings or Structures: Ten (10) feet. no setback from an enclosed
utility /storage area adjacent to its associated recreation vehicle.
D. Maximum Height of Structures: Thirty (30) feet
C
A. Electricity, central water and sewer shall be available to each TTRV lot.
B. A trash container such as a dumpster may be located in areas easily accessible and
not obstructed by TTRV lots or the developer or property owners association may
contract with a solid waste collection and disposal service.
C. An enclosed space shall be open at all times wherein a portable fire extinguisher in
operable condition and first aid equipment is available and a telephone is available
for public use.
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Parking for principal uses shall be as set forth in Article 2, Division 2.3, Section 2.3.14 of
the Collier County Land Development Code or successor provision.
Parking for accessory uses may be computed at 50% of the normal requirements set forth in
Article 2, Division 2.3, Section 2.3.14 of the Collier County Land Development Code, or
• successor provision.
3.7 REQUIRED BUFFERS
A. Adjacent to State Road 951 and Championship Drive: An area not less than twenty
feet (20') in width shall be provided. This area shall include a landscaped area of
five feet (5') inside its entire length. The landscape plan for this area will be
determined at project plan approval in accordance with Section 2.5 A or B of this
document. The enth : buffer area may be combined to achieve a visual screen
between State Road 951 /Championship Drive and the TfRV park. A perimeter
berm and swale may be permitted within the buffer area.
Irrespective of the foregoing, a minimum distance of fifty (50) feet shall be
maintained between the proposed on -site road pavement surface running parallel to
S.R. 951 and the most easterly pavement surface on S.R. 951.
B. All other project boundaries: A buffer strip at least fifteen feet (15') wide in which
ornamental screening composed of structural or plant material shall be provided.
The landscape plan for this area will be determined at project plan approval in
accordance with Section 2.5A or B of this document. A perimeter berm and swale
may be Permitted within the buffer area. No buffer shall be required between tilt:
Cypress preserve and the project boundary.
C. No buffer shall be required between recreation areas and TTRV lots.
D. Required buffers shall be maintained and constructed in accordance with the
landscape provisions of Article 2, Division 2.4 of the Collier County Land
Development Code, or its successor provision.
MINKI'M 1MMUMIUMTOR
Standards for parking, landscaping, signage, lighting and other land uses not specified
herein are to be in accordance with the Collier County [.and Development Code in C11ect at
the time of Project Plan Approval as stipulated in Section 2.5 of this document.
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Recreational vehicles may be permanently located on a lot; however, no permanent
residency is allowed. A covenant running with the land shall be recorded in the Public
Records of Collier County referencing the PUD's restriction on permanent residency.
Compliance with this provision shall be insured by utilizing the following enforcement
measures:
A. Lots rented: For those lots that are rented, the park manager shall maintain a
register of tenants or occupants of the park, noting the duration of the rental
arrangement. This register shall track the occupancy of' rental lots, and shall be
provided to persons employed by Collier County, in an official capacity, upon their
request. Failure to provide said register, duly describing the persons who have
occupied a lot, and their occupancy shall be subject to the penalties prescribed by
Collier County.
B. Lots Sold: For those lots that are sold, the developer /owner of the lots shall include
in the sales contract a notice that current zoning regulations prohibits the use of the
lot for permanent occupancy. The new lot owner is responsible for registering his or
her arrival and departure from their unit with the manager of the park. Failure to
register will hold the new lot owner responsible for any penalties imposed by
Collier County.
3.10 PERMANENCY CONTINGENCY
If, after the approval of this PUD, Collier County adopts a policy or ordinance to allow
permanent occupancy of recreational vehicles in "I "I'RVC or similar zoning districts. Section
3.9 of this PUD document shall become null and void.
3.11 FLOOD PLAIN ELEVATIONS
All travel trailers, park model travel trailers, recreational vehicles and accessory structures
shall meet flood plain elevation if permanently attached to the ground or utility facilities.
Park model travel trailers must be anchored in accordance with the standards set forth in the
Collier County Mobile I Ionic District (MI I) and " 71WC District and other appheable
regulations and be connected to a public or private water and sewer system. Additionally.
such units must obtain electrical service directly from the electric utility authorized to
provide such service in Collier County.
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3.13 DEFINITIONS (Taken from 1996 Supplement, Chapter 320.01, Definitions, general.
Florida Statutes.)
A. Recreational Vehicle:
A unit primarily designed as temporary living quarters for recreational, camping, or
travel use, which either has its own motive power or is mounted on or drawn by
another vehicle.
B. Park Trailer:
A transportable unit which has a body width not exceeding 14 feet and which is
built on a single chassis and is designed to provide seasonal or temporary living
quarters when connected to utilities necessary for operation of installed fixtures and
appliances. The total area of the unit in a setup mode, when measured from the
exterior surface of tl,.: exterior stud walls at the level of maximum dimensions, not
including any bay window, does not exceed 400 square feet when constructed to
ANSI A -119.5 standards, and 500 square feet when constructed to United States
Department of Housing and Urban Development Standards. The length of a park
trailer means the distance from the exterior of the front of the body (nearest to the
drawbar and coupling mechanism) to the exterior of the rear of' the hody (at the
opposite end of the body), including any protrusions.
C. Travel Trailer (includes fifth -wheel travel trailer):
A vehicular portable unit, mounted on wheels, of such a size or weight as not to
require special highway movement permits when drawn by a motorized vehicle. It
is primarily designed and constructed to provide temporary living quarters for
recreational, camping, or travel use. It has a body width of no" more than 8 112 feet
and an overall body length of no more than 40 feet when factory equipped for the
road.
D. Camping Trailer:
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A vehicular portable unit mounted or wheels and constructed with collapsible
partial sidewalls which fold for towing by another vehicle and unfold at the
campsite to provide temporary living quarters for recreational, camping, or travel
use.
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E. 'Truck Camper: �.
A truck which is equipped with a portable unit designed to be loaded onto, or
affixed to, the bed or chassis of the truck and constructed to provide temporary
living quarters for recreational, camping, or travel use.
F. Motor Home:
A vehicular unit which does not exceed 40 feet in length and the height and width
Iimitations provided in S. 316.515, is a self - propelled motor vehicle, and is
primarily designed to provide temporary living quarters for recreational, camping,
or travel use.
G. Conversion Van:
A vehicular unit which does not exceed the length and height limitations provided in
S. 316.515, is built on a self - propelled motor chassis, and is designed for recreation,
camping and travel use.
H. Private Motor Coach
A vehicular unit which does not exceed the length, width and height limitations
provided in S. 316.515 (9), is build on a self - propelled bus type chassis having no
fewer than three load bearing axles, and is primarily designed to provide
temporary quarters for recreational, camping, or travel use.
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SECTION IV
CYPRESS PRESERVE
4.1 PURPOSE
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is The purpose of this Section is to set forth the development plan for the area designated
Cypress Preserve on Exhibit "A ", PUD Master Plan (WMB &P, Inc. File No. RZ- 206a).
The primary function and purpose of this Tract will be to preserve and protect native flora
and fauna in its natural state.
No structure or part thereof, shall be erected, altered, or used, or land used, in whole or ill
part, for other than the following:
A. Principal Uses:
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SECTION V n
GENERAL DEVELOPMENT COMMI'T'MENTS
5.1 PURPOSE
The purpose of this Section is to set forth the development commitments of the project.
• 5,2 GENERAL
All facilities shall be constructed in accordance with Final Site Development Plans, Final
Subdivision Plats and all applicable State and local laws, codes, and regulations in effect at
the time of each approval, except as otherwise noted herein. Except where specifically
noted or stated otherwise, as for matters addressed in the Settlement Agreement, the
standards and specification., of the official Collier County Land Development Code shall
apply to this project. The developer, his successors and assigns shall be responsible for the
commitments outlined in this document.
The developer, his successors or assignee shall agree to develop in accordance with Exhibit
"A ". PUD Master Plan and the regulations of the PUD as adopted, and any other conditions
of modifications as may be agreed to for the rezoning of the property. In addition, the
developer will agree to convey to any successor or assignees in title, any commitments
within this agreement.
' 1 u: t ' :►I
A. Exhibit A, P.U.D. Master Plan (WMB &P, Inc. File No RZ -206a) is an illustrative
preliminary development plan. The design criteria and layout illustrated on the
Master Plan shall be understood to be flexible, so that, the final design may satisfy
project criteria and comply with all applicable requirements of this ordinance.
B. All necessary easements, dedications, or other instruments shall be granted to insure
the continued operation and maintenance of all service utilities.
C. Site design refinements shall be pernlittcd subject to County stall' administrative
approval, where such changes are consistent with the intent of this 17.U.1). and du
not cause significant impact to surrounding properties. Amendments to the 17.U.D.
Master Plan and document shall be accomplished in accordance with Article 2,
Division 2.7, Section 2.7.3.5. of the Collier County Land Development Code or its
successor provision.
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5.4 POLLING PLACES
Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land
Development Code or its successor provision, 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.
An agreement shall be recorded in the official records of the Clerk of the Circuit Court of
Collier County, which shall be binding upon any and all successors in interest that acquire
ownership of such common areas including, homeowners associations, or tenants
associations. This agreement shall provide for said community recreation/public
building/public room or similar common facility to be used for a polling place if determined
to be necessary by the Supervisor of Elections.
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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 or its successor provision.
: ► U61 ty :�iliii7►1
The development of the PUD Master flan shall be subject to and governed by the following
conditions:
A. The Developer, his successors or assignee shall provide local Ievel street lighting at
all project entrances.
B. The Developer, his successors or assignee shall be responsible for the payment of
impact fees for both the excavation phase of the development and for the lot
development at the rates and in the manner stipulated by Ordinance 92 -22.
C. All entrance turning radii should be at Icast 50 feet to accommodate the larger
vehicles expected in this type of development.
D. Work within and improvements to S.R. 951 shall be coordinated with and permitted
by the Florida Department of Transportation.
The development of the PUD Master Plan shall be subject to and governed by the following
conditions:
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A. The Developer, his successors or assignee shall adhere to the requirements of
Exhibit E - "Conceptual Drainage Design Criteria" of the Stipulations for Dismissal
and Settlement Agreement dated July 20, 1982.
B. Should the South Florida Water Management District, or any other agency, during
its review process require significant changes to be made to the site plan and/or the
water management facilities, Collier County reserves the right to re- review the
project and have it heard by the Environmental Advisory Board.
• C. A twenty (20) foot maintenance easement shall be provided to allow maintenance
access to the lake.
D. A littoral shelf shall be provided on the lake equal to 10% of the shoreline. The
type, quantity and spacing of plants shall be submitted to Project Review Services
for approval.
E. 'the commercial excavation permit cannot be issued until the Planned Unit
Development Petition No. PUD -92 -6 is approved by the Board of County
Commissioners.
5.8 UTILITIES
The development of the PUD Master Plan shall be subject to and governed by the following
conditions:
A. Water distribution, sewage collection and transmission and interim water and/or
sewage treatment facilities to serve the project are to be designed, constructed,
conveyed, owned and maintained in accordance with Collier County Ordinance No.
88 -76, as amended, and other applicable County rules and regulations.
B. All customers connecting to the water distribution and sewage collection facilities to
be constructed will be customers of the County and will be billed by the County in
accordance with the County's established rates. Should the County not be in a
position to provide water and/or sewer service to the project, the water and/or sewer
customers shall be customers of the interim utility established to serve the project
until the County's off -site water and/or sewer facilities are available to serve the
project.
C. The on -site water distribution system to serve the project must be consistent with
the main sizing requirements specified in the County's Water Master Plan and
extended throughout the project. During design of these facilities, the following
features shall be incorporated into the distribution system:
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Dead end mains shall be eliminated by looping the internal pipeline
network.
2. Stubs for future system interconnection with adjacent properties shall be
provided at locations to be mutually agreed to by the County and the
Developer during the design phase of the project.
D. The existing off -site water facilities of the District must be evaluated for hydraulic
capacity to serve this project and reinforced as required, if necessary, consistent with
the County's Water Master Plan to insure that the District's water system can
hydraulically provide a sufficient quantity of water to meet the anticipated demands
of the project and the District's existing committed capacity.
E. The existing off -site sewage transmission facilities of the District must be evaluated
for hydraulic capacity to serve this project and improved as required outside the
projects boundary to provide adequate capacity to transport the additional
wastewater generated without adverse impact to the existing transmission facilities.
�11W a a e7
The development of the PUD Master Plan shall be subject to and governed by the following
conditions:
A. The Developer, his successors or assignee shall adhere to all requirements of the
Dedication dated October 31, 1990 between Wilbur M. Christiansen. Jr. and Gary l..
Danca and Collier County as recorded in O.R. Book 1572, Pages 2253 through
2257.
B. The Developer, his successors or assignee shall adhere to all applicable
requirements of the Stipulation for Dismissal and Settlement Agreement dated July
30, 1982.
1 :1019110 llplab gal
At such time as the Developer, his successors or assignee has prepared final construction
plans (site development plans, construction plans/plat) for any phase of the proposed
development, the Developer, his successors or assignee shall submit such plans to the
Florida Department of Environmental Regulation, South Florida Water Management
District, and the Conservancy Inc. in accordance with the provisions of the "Stipulation for
Dismissal and Settlement Agreement" dated July 20, 1982.
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5.11 SUNSETTING
The Commercial Earth Mining and TIRV uses are to be independently subject to the time
limits set forth in Section 2.7.3.4 of the Collier County Land Development Code, so that
each use shall require compliance with said provision of the Land Development Code.
Should either primary use fail to meet the criteria set forth for project commencement in
earnest, then the entire PUD shall be subject to review under Section 2.7.3.4.
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22D a Wednesday, January 8, 2014 * N A P L E S D A I LY N E W S
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, January 28, 2014, in the Boardroom, 3rd
Floor, Administration Building, Collier County Government Center, 3299 Tamiami
Trail East, Naples, Florida, the Board of County Commissioners 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 AMENDING ORDINANCE NUMBER 97 -70, THE PELICAN LAKE
PLANNED UNIT DEVELOPMENT, TO ALLOW ON A RECREATIONAL VEHICLE LOT AN
ACCESSORY STRUCTURE WITH UP TO 350 SQUARE FEET OF RECREATIONAL AREA
FOR COOKING, LAUNDRY, STORAGE OR RECREATIONAL ACTIVITIES. THE SUBJECT
PROPERTY IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (SR -951) IN
SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA,
CONSISTING OF 101.3 +1 - ACRES. [PUDA- PL.20130000476)
A copy 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.
NOTE: All persons wishing to speak on any agenda item must register with the
County administrator prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged. If
'recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written material intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven. days
Prior to the public hearing. All material used in presentations before the Board will
become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure a verbatim
record of9 the proceedings is made, which record includes the testimony and
evidence upon which the appeal is 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
Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples,
Florida 34112, -(239) 2528380. Assisted listening devices for the hearing impaired
are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
January 8 201 N 2011036
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