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Agenda 01/28/2014 Item #17An 1/28/2014 17.A. EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 92 -7, the R. Roberts Estate PUD, and amending Ordinance Number 200441, as amended, the Collier County Land Development Code which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps; by changing the zoning designation of 3.2 acres of land from Residential Single Family- 3(RSF -3) to R. Roberts Estate Mixed Use Planned Unit Development; by increasing the size of Tract A of the PUD by 3 acres, from 5.9 t acres to 8.9 + acres; by changing the permitted uses on Tract A from single family residential to up to 50,000 square feet of gross floor area of institutional and professional office uses; by revising Section I, Property Description; by revising Development Standards and Developer Commitments for the PUD located on the south side of Roberts Avenue and north and east of SR -29 in Section 4, Township 47 South, Range 29 East, Collier County Florida consisting of 42 f. acres; and by providing an effective date. (Petition number PUDA- PL20130000052) OBJECTIVE: To have the Board of County Commissioners (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. CONSIDERATIONS: The petitioner requests that the BCC consider an amendment to Ordinance number 92 -7, the R. Roberts Estate Planned Unit Development (PUD) approved on January 21, 1992. (Please see Attachment: Ordinance number 92 -7.) The amendment will add 3.0 +/- acres to the PUD, increasing the PUD acreage from 39.9 + /- to 42.9 + /- acres. The additional 3.0 +/- acres is proposed to be added to Tract A, a 5.9 +/ -acre single- family residential tract. The newly created 8.9 +/- acre Tract A would then be converted to limited institutional uses and professional offices to accommodate a facility for.the Boys and Girls Club of Collier County. Furthermore, the proposed 8.9 +/- acre Tract A would allow child care, including pre - school and after school programs; private schools; civic, social and fraternal organizations; and, professional office uses as permitted in the C -1 thru C-4 zoning districts. The maximum intensity allowed on Tract A is 50,000 square feet. Of this total, a maximum of 20,000 square feet may be professional office use. The PUD document is amended to reflect other proposed changes, as follows: • Adding Institutional and Professional office uses; • Decreasing overall residential unit count from 103 to 79 dwelling units; • Increasing maximum heights to 42 feet, generally, and to 57 feet for a gymnasium; • Updating certain references to LDC provisions; and, • Numerous miscellaneous revisions. Packet Page -951- 1/28/2014 W.A. The PUD is currently partially built -out. Tract B- is a developed 9.0+/- acre, multi - family residential tract. Tract C is a 9.8 +/- acre undeveloped commercial tract. Tract D is a developed 8.8 +/- acre tract that has been designated as a historically significant site. Tract E is a developed 4.1 +/- acre historic site. In addition, Tracts .D and E are owned by Collier County. The proposed property development standards would remain similar to the previously approved commercial standards: a 25 -foot front yard setback, a 15 -foot (or % the height of the building — whichever is greater) side yard setback and a maximum zoned building height of 50 feet. The subject site proposes a 10 -foot wide Type D Landscape Buffer along Roberts Avenue and along 11th Street. A 15 -foot wide Type B Landscape Buffer is proposed along the internal property lines that are adjacent to the multi - family development to the south and the residential properties to the east. FISCAL IMPACT: The PUD amendment by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development. However, if the PUD amendment is approved, a portion of the land could be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees 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. 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 (CCPCI RECOMIMENDATION: The CCPC heard petition PUDA- PL20130000052, R. Roberts Estates Planned Unit Development (PUD) on January 2, 2013, and by a vote of 4 to 0 recommended to forward this petition to the BCC with a recommendation of approval. There have been no letters of objection received. Therefore, this petition has been placed on the Summary Agenda. LEGAL CONSIDERATIONS: This is an amendment to the existing R. Roberts Estate PUD (Ordinance No. 92 -7, as amended) which proposes various changes in the PUD as described in the Considerations section of this Executive Summary. 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 Packet Page -952- 1/28/2014 17.A. Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The. suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. S. 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? Packet Page -953- 1/28/2014 17.A. 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ( "reasonably ") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD amendment on the availability of adequate public.facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. Packet Page -954- 1/28/2014 17.x,. 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- PL201300000052, R. Roberts Estate Planned Unit Development (PUD). Prepared by: Nancy Gundlach, AICP, RLA Planning & Zoning Attachments 1) Staff Report 2) Proposed Ordinance 3) Ordinance number 92 -7 4) Location Map 5) Master Plan 6) Boundary Survey 7) NIM Documents 8) Application Part 1: http / /NN,wnv collierg_ov net / ftp/ AgendaJan28l3/ GrowthMEmt /9.B.I0715PartlApplicationPreApp NotesPUD .pdf 9) Application Part 2: http://www.collier�ov.net/ftp/ALTendaJan2813/GrowthM�-ymt/9.Bi 0 715 Pat G Ownership lnfoEnvir onDataTlS.pdf Packet Page -955- 1/28/2014 17.A. COLLIER COUNTY � Board of County Commissioners Item Number: 17.17.A. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 92 -7, the R. Roberts Estate PUD, and amending Ordinance Number 2004 -41, as amended, the Collier County Land Development Code which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps; by changing the zoning designation of 3.2 acres of land from Residential Single Family -3 (RSF -3) to R. Roberts Estate Mixed Use Planned Unit Development; by increasing the size of Tract A of the PUD by 3 acres, from 5.9 ± acres to 8.9 ± acres; by changing the permitted uses on Tract A from single family residential to up to 50,000 square feet of gross floor area of institutional and professional office uses; by revising Section I, Property Description; by revising Development Standards and Developer Commitments for the PUD located on the south side of Roberts Avenue and north and east of SR -29 in Section 4, Township 47 South, Range 29 East, Collier County Florida consisting of 42 ± acres; and by providing an effective date. (Petition number PUDA- PL20130000052) Meeting Date: 1/28/2014 Prepared By Name: GundlachNancy Title: Planner, Principal,Comprehensive Planning 12/31/2013 4:48:11 PM Submitted by Title: Planner, Principal,Comprehensive Planning Name: GundlachNancy 12/31/2013 4:48:13 PM Approved By Name: PuigJudy Packet Page -956- Title: Operations Analyst, GMD P &R Date: 1/3/2014 3:29:22 PM Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 1/8/2014 9:20:42 AM Name: BosiMichael Title: Manager - Planning,Comprehensive Planning Date: 1/9/2014 1:31:14 PM Name: AshtonHeidi Title: Section Chief/Land Use- Transportation,County Attor Date: 1/14/2014 10:04:43 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 1/16/2014 9:23:50 AM Name: KlatzkowJeff Title: County Attorney Date: 1/16/2014 3:00:28 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 1/17/2014 4:58:51 PM Name: OchsLeo Title: County Manager Date: 1/21/2014 1:47:47 PM Packet Page -957- 1/28/2014 17.A. Ow 05 1/28/2014 17.A. COLLIER COUNTY PLANNING COMMISSION PLANNING & ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING BATE: DECEMBER 5, 2013 SUBJECT: PUDA- PL20130000052, R. ROBERTS ESTATE PUD (PLANNED UNIT DEVELOPMENT) APPLICANT & PROPERTY OWNER of TRACT A and 3 ADDITIONAL ACRES: Boys and Girls Club of Collier County Theresa Shaw, President/ CEO 7500 Davis Boulevard Naples, FL 34101 Tract B — Big Cypress Holding Corporation Tract C — Ignacio B. Soto Tract D and E — Collier County AGENTS: Mr. Robert J. Mulhere, FAICP P.O. Box 1367 Marco Island, FL 34 140 Mr. Blair Foley, F.E. 120 Edgemere Way South Naples, FL 34105 R. Roberts Estate PUD, PUDA- PL20130000052 November 12. 2013 Page 1 of 15 Packet Page -958- Mr. Richard D. Yovanovich, Esquire Goodette. Coleman and Johnson. P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 3410 1/28/2014 17.ti. Try a I.- / Z Packet Page -959- 0 75 I N — � M N m N » M � N 5� •- a w ' Q o IL r W A Z G o z ,'e LU ez •a•s m m n f O m r m n rc m m mro n N ci / cc a °p CS A N N K W p N Packet Page -959- 0 75 m r-g - z 0 N m ' LL Q� I I I' I I I I I Z I N I v I 0 0 M a_ ,Q ',I-Q �0 LL 0 I I lil Qo o�� Iili U�QQ -J I 1 L- ---------- - - - - -- 1 1 = - - -- I iL--------- ' —_ - - -- 4� II S Z n n___ ncn 1 1 a5 e .+vv 1/28/2014 17.A. r r r I ' r � I i a a a O� w � W CD ju 0 � Lu Q �< LL J Q N J 4 O � -H 41 4 N u Q ¢1 O J w z, O F- i a a a O� w � 1/28/2014 17.A. REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider an application for an amendment to Ordinance Number 92 -7, the R. Roberts Estate Planned Unit Development (PUD), by changing the zoning designation of 3.2 acres of land from Residential Single Family -3 (RSF -3) to R. Roberts Estate Mixed Use Planned Unit Development; by increasing the size of Tract A of the PUD by 3 acres, from 5.9 + acres to 8.9 ± acres; by changing the permitted uses on Tract A from single - family residential to up to 50,000 square feet of gross floor area of institutional and professional office uses; by revising Section I, Property Description; by revising Development Standards and Developer Commitments for the PUD; and by providing an effective date. (Please see Attachment A: Proposed PUD Ordinance.) GEOGRAPHIC LOCATION: The subject 42.9 + /- acre Planned Unit Development is located on the south side of Roberts Avenue and north and east of SR -29 in Section 4, Township 47 South, Range 29 East, Collier County, Florida. (See the Location Map on page 2.) PURPOSE/DESCRIPTION OF PROJECT: The petitioner requests that the Collier County Planning Commission (CCPC) consider an amendment to Ordinance number 92 -7, the R. Roberts Estate Planned Unit Development (PUD) approved on January 21, 1992. (Please see Attachment B: Ordinance Number 92 -7.) The amendment will add 3.0 +/- acres to the PUD, increasing the PUD acreage from 39.9 + /- to 42.9+/ - acres. The additional 3.0 +/- acres is proposed to be added to Tract A, a 5.9 +/ -acre single- family residential tract. The newly created 8.9 +/- acre Tract A would then be converted to limited institutional uses and professional offices to accommodate a facility for the Boys and Girls Club of Collier County. Furthermore, the proposed 8.9 +/- acre Tract A would allow child care, including pre- school and after school programs; private schools; civic, social and fraternal organizations:. and, professional office uses as permitted in the C -1 thru C -4 zoning districts. The maximum intensity allowed on Tract A is 50,000 square feet, of this a maximum of 20,000 square feet may be professional office use. The PUD document is amended to reflect other proposed changes, as follows: • Adding Institutional and Professional Office Uses; • Decreasing overall residential unit count from 103 to 79 dwelling units; • Increasing maximum heights to 42 feet, generally, and to 57 feet for a gymnasium; • Updating certain references to LDC provisions; and, • Numerous miscellaneous revisions. The PUD is currently partially built -out. Tract B is a developed 9.0 +/- acre, multi - family residential tract. Tract C is a 9.8 +/- acre undeveloped commercial -tract. Tract. D is a developed R. Roberts Estate PUD, PUDA- PL20130000052 November 12, 2013 Page 4 of 15 Packet Page -961- 1/28/2014 17.A. 8.8 +/- acre tract that has been designated as a historically significant site. Tract E is a developed n 4.1 +/- acre historic site. The proposed property development standards would remain similar to the previously approved commercial standards: a 25 -foot front yard setback, a 15 -foot (or '/2 the height of the building — whichever is greater) side yard setback and a maximum zoned building height of 50 feet. The subject site proposes a 10 -foot wide Type D Landscape Buffer along Roberts Avenue and along 11'" Street. A 15 -foot wide Type B Landscape Buffer is proposed along the internal property lines that are adjacent to the multi- family development to the south and the residential properties to the east. SURROUNDING LAND USE AND ZONING (OF SUBJECT TRACT Al: North: baseball fields and a running tract associated with the Immokalee Middle School with a zoning designation of RSF -3 (Residential Single- family) at 3 units per acre East: a single - family residence with a zoning designation of RSF -3 (Residential Single - family) at 3 units per acre and then a vehicle yard with a zoning designation of RSF- 3 -MSOSD (Residential Single - family within the Main Street Overlay Subdistrict) South: multi- family residences with a zoning designation of R. Roberts Estate PUD with a density of 9 units per acre West: a Historical Museum, with a zoning designation of R. Roberts Estate PUD R. Roberts Estate PUD, PUDA- PL20130000052 November 12, 2013 Page 5 of 15 Packet Page -962- 1/28/2014 17.A GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future .Land Use Element: The subject property is designated Urban — Mixed Use District, Commerce Center — Mixed Use Subdistrict on the Immokalee Future Land Use Map (FLUM) of the Immokalee Area Master Plan (IAMP). Provisions for Non - residential Uses in the Urban — Mixed Use District state, "Non- residential uses permitted within the Residential designation are limited to those uses that are compatible and/or support the residential character of the area. The allowed uses include: parks, open space and recreational uses, churches, libraries, cemeteries, public and private schools, day -care centers and essential services as defined in the Land Development Code. " IAMP Provisions for the Commerce Center — Mixed Use Subdistrict state, R. Roberts Estate PUD, PUDA- PL20130000052 November 12, 2013 Page 6 of 15 Packet Page -963- 1/28/2014 17.A. "The purpose of this designation is to create a major activity center that services the entire Immokalee Urban Designated Area and surrounding agricultural area. The Mixed -Use District shall function as an employment center and shall encourage commercial and institutional uses. Uses permitted within this Subdistrict shall include shopping center, governmental institutions, middle or high school, community park and other employment generating uses. Other permitted commercial uses shall include transient lodging facilities at 26 dwelling units per acre. The appropriate zoning districts include C -1 through C -4 as identified in the Land Development Code. In considering new commercial zoning, priority shall be given to protecting existing residential uses. Residential development is permitted within the mixed -use Subdistrict at a maximum density of twelve (12) units per gross acre. Residential dwellings shall be limited to multi family structures and less intensive units such as single-family and duplexes provided they are compatible with the district. Mobile home developments shall be permitted only in the form of mobile home subdivisions or parks as defined in the Land Development Code. The mixed -use district will be controlled via a series of performance standards that address issues of buffering, noise, signage, lighting, architectural compatibility, lot size, parking and landscaping. " The existing allowed uses and densities, and those newly proposed, are consistent with the Subdistrict. The Land Development Code contains standards for buffering, parking, architectural design, etc. FLUE 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." 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 staff finds the proposed PUD amendment consistent with the LAMP and the GMP. 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 10.02.13.13.5, 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 bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the R. Roberts Estate PUD, PUDA- PL20130000052 November 12, 2013 Page 7 of 15 Packet Page -964- 1/28/2014 17.A. 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 has reviewed the petition and the PUD document to address environmental concerns. All tracts except for the subject Tract A have been previously developed or were in Agricultural Use. The Agricultural use was initiated prior to 1975 according the Property Appraiser's aerial. The aerial shows that Tract A has been vegetated with only trees prior to 1975 and those trees have remained on the tract. Therefore, a tree count and tree retention or replanting is required in accordance with LDC Section 3.05.07.A.2. Native Trees. The PUD document includes language in Section 7.10 stating that a Tree Count will be provided and trees will be retained or replanted at time of the next development order or any request for site alteration. Transportation Review: Transportation Staff has reviewed this petition and recommends approval. Utility Review: The Immokalee Water & Sewer District has reviewed this petition and has no objections to the requested amendment. 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. As previously stated, the petitioner is adding an additional 3.0 +/- acres to Tract A of the PUD, increasing it from 5.9 +/- acres to 8.9 +/- acres. The petitioner is also changing Tract A from a single - family residential use to limited institutional and professional office uses. The proposed property development regulations would remain similar to the previously approved commercial standards: a 25 -foot front yard setback, a 15 -foot (or '/z the height of the building — whichever is greater) side yard setback and a maximum zoned building height of 50 feet. The subject institutional and professional office property is surrounded by compatible land uses. As previously stated, to the north is a middle school and to the west is a historical museum. To the south within the subject PUD is a multi - family development and to the east is a residence and a vehicle yard. Furthermore, the Immokalee Area Master Plan (IAMP) Provisions for the Commerce Center — Mixed Use Subdistrict encourages institutional and commercial uses. The proposed amendment for institutional and professional office uses accomplish this. PUD FINDINGS: LDC Subsection 10.02.13.13.5 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:" R. Roberts Estate PUD, PUDA- PL20130000052 November 12, 2013 Page 8 of 15 Packet Page -965- 1/28/2014 17.x,. 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 multi - family residential land use, commercial land use and historic site land use remain and this development continues to be surrounded by similar development. The development to the south is multi- family dwellings. The development to the north is a middle school. The development to the east is single - family residential and a vehicle lot. The project would also be required to comply with County regulations regarding drainage, sewer, water and other utilities. Therefore, the site is suitable for the proposed development. 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. Additionally, the development will be required to gain site development approval. This will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the 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 may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The currently approved development, landscaping and buffering standards were determined to be compatible with the adjacent uses and with the use mixture within the project itself when the PUD was approved. Staff believes that this amendment will not change the project's compatibility, both internally and externally, with the proposed institutional and professional office land uses. .. 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. R. Roberts Estate PUD, PUDA- PL20130000052 November 12, 2013 Page 9 of 15 Packet Page -966- 1/28/2014 17.A. 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 commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities and the project will need to 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 amendment process and those staff persons have concluded that no Level of Service will be adversely impacted. REZONE FINDINGS: LDC Subsection 10.02.08 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 Growth Management Plan (GMP). The proposed institutional and professional office use is consistent with the all applicable elements of the Future Land Use Element (FLUE). 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. R. Roberts Estate PUD, PUDA- PL20130000052 November 12, 2013 Page 10 of 15 Packet Page -967- 1/28/2014 17.A. As previously stated, the proposed institutional and professional office use is located across 10—N the street from an existing middle school and across the street from a historic site. The proposed institutional and professional office use is north of developed multi- family residential development. The proposed use is also east of single- family residential development and a vehicle lot. In addition, the PUD includes adequate ameliorating elements for buffering, building height and setback, to ensure that the project is compatible with the adjoining residential development. Therefore, staff is of the opinion that the proposed institutional and professional office district will not result in an isolated district unrelated to nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. As shown on the zoning map included at the beginning of this report, the existing district boundaries are logically drawn. The PUD zoning boundaries follow the property ownership boundaries. 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 respond to changing market conditions. 6 Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not adversely impact the living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affectpublic safety. 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 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. R. Roberts Estate PUD, PUDA- PL20130000052 November 12, 2013 Page 11 of 15 Packet Page -968- 1/28/2014 17.A. 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. 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 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 rezone meets the intent of the PUD district and further, believes 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 PUD is not out of scale with the needs of the counrv. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. R. Roberts Estate PUD, PUDA- PL20130000052 November 12, 2013 Page 12 of 15 Packet Page -969- 1/28/2014 17.A. 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 site alteration. This project will undergo evaluation relative to all federal, state, and local development regulations during the plans and platting process, SDP (Site Development Plan) process and 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 (NIM): The applicant duly noticed and held the required meeting on September 25, 2013 at 5:15 p.m. at the Immokalee Community Park Meeting Room located at 321 North 1 rst Street, Immokalee, Florida. Only one member from the public attended and he left when his question was answered and before the presentation began. For further information please see Attachment C: "Summary of Neighborhood Information Meeting for R. Roberts Estate 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- PL20130000052 on November 8, 2013. RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDA- PL20130000052 to the Board of County Commissioners with a recommendation of approval of this amendment. R. Roberts Estate PUD, PUDA- PL20130000052 November 12, 2013 Page 13 of 15 Packet Page -970- 1/28/2014 17.A. Attachments: A. Proposed PUD Ordinance B. Ordinance Number 92 -7. C. Summary of Neighborhood Information Meeting for R. Roberts Estate PUDA R. Roberts Estate PUD, PUDA- PL20130000052 November 12, 2013 Page 14 of 15 Packet Page -971- NANCY GUNDLAC AICP, PRINCIPAL PLANNER GROWTH MAXAGENNIENT DIVISION REVIEWED BY: RAYMOND V. BELLOWS, ZONING MANAGER GROWTH MANAGEMENT DIVISION MICHAEL BOSL AICP, DIRECTOR GROWTH MANAGEMENT DIVISION APPROVED BY: '11�I£K ASALANGUIDA, ADMI'NISTR4 GROWTH MANAGEMENT DIVISION DATE DATE DATE DATE Tentativelv scheduled for the Januan7 28, 2014 Board of County Commissioners Meeting R. Roberts Estate PUD, PUDA- PL20130000052 November 12, 2013 Page 15 of 15 Packet Page -972- 1/28/2014 17.A. 1/28/2014 17.A. ORDINANCE NO. 14- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 92-7, THE R. ROBERTS ESTATE PUD, AND AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING DESIGNATION OF 3.2 ACRES OF LAND FROM RESIDENTIAL SINGLE FAMILY-3 (RSF-3) TO R. ROBERTS ESTATE MIXED USE PLANNED UNIT DEVELOPMENT, BY INCREASING THE SIZE OF TRACT A OF THE PUD BY 3 ACRES, FROM 5.9 ± ACRES TO 8.9 + ACRES; BY CHANGING THE PERMITTED USES ON TRACT A FROM SINGLE FAMILY RESIDENTIAL TO UP TO 50,000 SQUARE FEET OF GROSS FLOOR AREA, OF INSTITUTIONAL AND PROFESSIONAL OFFICE USES; BY REVISING SECTION 1, PROPERTY DESCRIPTION; BY REVISING DEVELOPMENT STANDARDS AND DEVELOPER COMMITMENTS FOR THE PUD LOCATED ON THE SOUTH SIDE OF ROBERTS AVENUE AND NORTH AND EAST 'OF SR-29 IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY FLORIDA CONSISTING OF 42 ± ACRES, AND BY PROVIDING AN EFFECTIVE DATE. JPUDA-PL201300000521 WHEREAS. Robert J. Mulhere, AICP and Blair Foley. P.1". of` Blair Foley. LLC and Richard D. Yovanovich. Esquire of Coleman. Yovanovich & Koester. P.A. representing Boys & Girls Clu'l) of'Collier Clount\. Florida. Inc.. petitioned the Board of County Commissioners to amend the PUD. NO'A'. TFIERF'FOIU�.. BF FI ORDAINED BY TI-117, BOARD OF COUNT)' UO-1,MJSS1ONER.'; OFCO1,1,IER C"OtJNTY. FLORIDA. that: SECTION ONE: Zoning Classification and Amendments to the PUD Document, Exhibit A of Ordinance No. 92-7. The zoning classification of approximately 3-2 acres of land as described herein is changed from Residential Sinaic Family (RSI`--3) It. Roberts Estate Mixed Use Planned Unj' Dcvelonment. and the R. Roberts Estaic PUD Document. Exhibit A of Ordinance No. 9%7 is herebN amended and replaced ti rith Exhibit A attached hereto and incorporated herein bN reference. R. Roberts Estate PUDATUDA-PL20130000052 I oft Rev. 01 `03"14 Packet Page -973- 1/28/2014 17.A. SECTION TWO: Effective Date. This Ordinance shall become effective upon film(-, with the Department of State. PASSED AND DULY ADOPTED b\ . super - majority vote of the Board of Count Commissioners ol'Collier County. Florida. this daN. of 2014. ATTEST: DWIGHT E. BROCK, CLERK Bv: Deputy Clerk - Approved as to form and legality Heidi Ashton-Cicko Managing Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: TON4 HENTNING. Chairman Attachment: Exhibit A - R. Roberts Estate PLTD Document C11,1 I ' • ­CPS-0 1218'62 R. Roberts Estate PUDA\PUDA-FL20130000052 of Rev. 01103/14 Packet Page -974- 1/28/2014 17.A. R. ROBERTS ESTATE PUCE A- MIXED PLANNED UNIT DEVELOPMENT MPUD Originally PREPARED BY: ROBERT A. ROBERTS IN BEHALF OF THE ROBERT ROBERT'S ESTATE PREPARED BY: DALLAS TOWNSEND P.O, BOX 1110 IMMOKALEE, FLORIDA 33934 CONSULTING ENGINEER. DAVID S. WILKISON, P.E., VICE PRES. WILKISON & ASSOCIATES, INC. 3584 EXCHANGE AVENUE, SUITE A NAPLES, FLORIDA 33942 PLANNING CONSULTANT: DR. NENO J. SPAGNA, AICP, PRES. FLORIDA URBAN INST., INC. 3850 27'" AVENUE S.W. NAPLES, FLORIDA 33964 Amendment Prepared b Richard Yovanovich Land Use Attornev Coleman, Yovanovich and Koester, PA Robert J. Mulhere, FAICP, Planning Consultant Mulhere and Associates LLC Blair Foley, PE, Civil Engineer Blair Foley, LLC Original DATE REVIEWED BY CCPC 12/19/91 Original DATE APPROVED BY BCC 01/21/92 Original ORDINANCE NUMBER 92-7 AMENDMENT` ^" t EXHIBIT "A" Page l of 28 Words ^,i are deleted. Words underlined are added. [Date: 01 -0; -201 4] Packet Page -975- PUD MASTER PLAN ATTACHMENT Page 2 of 28 Words stvae4i tlfough are deleted. Words underlined are added. [Date: 01 -03 -2014] Packet Page -976- 1/28/2014 17.A. TABLE OF CONTENTS SECTION I STATEMENT OF COMPLIANCE LEGAL DESCRIPTION, SECTION 11 PROJECT DEVELOPMENT REQUIREMENTS SECTION III INSTITUTIONAL AND PROFESSIONAL OFFICE AREA PLAN SECTION IV MEDIUM DENSITY RESIDENTIAL AREAS PLAN SECTION V COMMERCIAL AREAS PLAN SECTION VI HISTORIC SITE DEVELOPMENT PLAN SECTION VII DEVELOPMENT COMMITMENTS PA6€ T B E 9 (04T-6AiTC + n.... �e.—.1r —1 rT&Ant to Klf'E PUD MASTER PLAN ATTACHMENT Page 2 of 28 Words stvae4i tlfough are deleted. Words underlined are added. [Date: 01 -03 -2014] Packet Page -976- _ �_ l r_ I 16 I _ • l l • _ Y { l r te♦ �• i F Y I . s PUD MASTER PLAN ATTACHMENT Page 2 of 28 Words stvae4i tlfough are deleted. Words underlined are added. [Date: 01 -03 -2014] Packet Page -976- 1/28/2014 17.A. STATEMENT OP COMPLIANCE The subject property consists of 39.99 42.90 acres, more or less, of land located in the south 1/2 of the northwest 1/4 of Section 4, Township 47 South, Range 29 East, Collier County, Florida and more particularly described as follows: Legal Description: Commencing at the southeast corner of the Northwest 1/4 of said section, run South 89 Deg. 25' 45 West 559.79 feet along the south line of said Northwest 1/4; thence North 00 Deg. 46 47 West 50.00 feet to the Point of Beginning, said point being on the north right -of -way line of S.R. 29; thence South 89 Deg. 25' 45" West 348.97 feet along said right -of -way line to a point of curve; thence 2150.68 feet along the arc of a circular curve concave to the northeasterly, radius 1587.28 feet; chord bearings North 51 Deg. 44'33" West, chord 1989.90 feet to the intersection of the south right -of -way line of Roberts Avenue; thence North 89 Deg. 22' 20" East 1684.64 feet along said right -of -way line; thence South 00 Deg. 46'47" East 634.67 feet; thence North 89 Deg. 24' 03 East 210.00 feet; thence South 00 Deg. 46' 47" East 614.77 • feet to the Point of Beginning; containing 39.87 acres, more or less. Subject to all easements, restrictions and reservations of record. Together with: Beginning at the Northeast corner of the Southeast _quarter of the Northwest quarter of Section 4 Township 47 South Range 26 East Collier County Florida. Thence west 660 feet to the Point of beginning; thence south 660 feet; thence west 210 feet, then north 660 feet, then east 210 n feet to the point of beginning; containing 3 acres more or less, less and excepting portions lying within boundaries of Roberts Avenue, a public right of way along the northerly boundary of premises. It is the intent of the petitioner to develop this land into &-8.9 acres of institutional and /or commercial office uses tTract A) single family ~ °° ^� °^ 9.0 acres of multi famii -y residences `Tract B), 18.6 acres of commercial use (Tracts C and D), 4.1 acre Historic Site Tract E), and 2.3 acres of roadway along with the required Water Management, Recreation and Open Space, anc' related accessory uses and structures. COMPLIANCE WITH CONCURRENCY MANAGEMENT` SYSTEM This project shall be subject to compliance with the Concurrency Management System designee to determine the adequacy of public services and facilities. CONSISTENCY WITH GROWTH MANAGEMENT PLAN This project is consistent with the Immokalee Area Master Plan TAMP Element of the Collier County Growth Management Plan, as well as all applicable provisions of the Collier County Growth Management Plan. Page 3 of'28 Words stfeek thfough are. deleted. Words.underlined are added. [Date: 01- 0- -2014] Packet Page -977- KNOW W • w - w • Page 3 of'28 Words stfeek thfough are. deleted. Words.underlined are added. [Date: 01- 0- -2014] Packet Page -977- 1/28/2014 17.A. The subject property is located within the Commerce Center /Mixed Use PistFiet- Subdistrict as shown on the 1FAFAelia4ee -1AMP Future Land Use Map. This subdistrict is designed to function as an employment center and encourages commercial and institutional uses. Uses permitted within this subdistrict include shopping centers, governmental institutions, transient lodging facilities, and other employment generating uses. Residential development is permitted within the mixed -use subdistrict at a maximum density of 12 dwelling units per gross acre. Residential dwelling units are limited to multi- family structures and less intensive units such as single- family provided they are compatible with the district. Non - commercial uses permitted within the Commerce Center /Mixed Use District include uses such as parks, open space, publicly -owned recreational uses, churches, public and private schools, day -care centers, and those essential services as defined in the Collier County Land Development Code. Evaluation of Residential Tracts Tract Land Use Acres Units Tract Net Densily Residential r,n 24 " P B Multi- Family 9.0 79 5.78 Residential Since the density of the Multi- Family ^ Residential tract aFae -laeth is less than the maximum density of 12 dwelling units per gross acre, and the conditional uses and are similar to non - commercial uses permitted within the Commerce Center /Mixed Use PSubdistrict (or in some cases, permitted residential uses) the residential tracts afe is consistent with the TAMP and all other applicable Elements of the Collier County Growth Management Plan. Evaluation of Commercial /Nonresidential Tracts Tracts Acres Intensity (Square Feet} A 8.9 50,000 Square feet of Institutional or professional office use Of this number, 20,000 square feet may be professional office use. 9.8 136,989 8.8 123,011 Total 44�-.6 27.5 269;900 310,000 Designed to provide employment generating uses the twe three commercial /nonresidential tracts would accommodate commercial uses similar to the permitted uses and conditional uses under the_C -4 (General commercial) zoning district of the Gg4ie�y Land Development Code except forTract A which is limited to a maximum of 50,000 square feet of institutional and Professional office uses (Of the 50,000 square feet a maximum of 20,000 may be used for Page 4 of 28 Words stFuek thfaagh are deleted. Words underlined are added. [Date: 01 -03 -20141 Packet Page -978- 1/28/2014 17.A. Professional office. The Floor Area Ratio of 0.32 is a relatively moderate amount of commercial/nonresidential intensity. Furthermore, its central location within the Immokalee Urban Area provides a logical point for the concentration of general commercial land uses. The t-we three commercial tracts are consistent with the Immokalee Area Master Plan Element of the Collier County Growth Management Plan. Evaluation of Historic Site The 4.1 acre Historic Site is similar to parks, open space, and publicly -owned recreational uses. Since non - commercial uses permitted within the Commerce Center /Mixed Use District include uses such as parks, open space, and publicly -owned recreational uses, the Historic Site is consistent with the -IAMP Element of the Collier County Growth Management Plan. Consistency with the Growth Management Plan includes more than a finding of land use consistency. However, these consistency relationships typically come about as a function of imposing development commitments and requiring mitigation to overcome or compensate for level of service requirements and other requirements of the Immokalee Master Plan Element and other elements of the Growth Management Plan_ Based on Policy 5.2 of the Traffic Circulation Element, the trips generated by this project represents a significant percentage of the overall traffic on S,R. 29, N', 11th Street, Roberts Avenue, and Immokalee Drive. However, the site generated trips will not reduce the level of service on any roadway segment within the project's radius of development influence (RD]) at build -out. Furthermore, there are no capacity problems on any roadway segment that is impacted greater than five percent by the project's site generated trips, Therefore, this petition is consistent with all elements of the Growth Management Plan, albeit this consistency will or may be brought about by the inclusion of development standards, mitigation measures, or otherwise provided for in the approved development order. Unless otherwise provided for in the approved development order, development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance No. 90 -24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this developmen . Page 5 of 28 Words st k—thfough are deleted. Words underlined are added. [Date: 01 -03 -20141 Packet Page -979- ____ SECTION I 1.1 PURPOSE 1/28/2014 17.A. The purpose of this Section is to set forth the location a-Rd- ewReerhi of the property, and to describe the existing conditions of the property proposed to be developed under the project name of R. Roberts Estate Planned Unit Development, 1.2 LEGAL DESCRIPTION A parcel of land lying in the South 1/2 of the Northwest 1/4 of Section 4, Township 47 South, Range 29 East, Collier County, Florida and more particularly described as follows: Commencing at the Southeast corner of the Northwest 1/4 of said section, run South 89 Deg. 25'45" West 659.79 feet along the south line of said Northwest 114; thence North 00 Deg. 46'47 " West 50.00 feet to the Point of Beginning, said point being on the north right -of -way line of S.R. 29; thence South 89 Deg. 25' 45" West 348.97 feet along said right -of -way line to a point of curve; thence 2150.68 feet along the arc of a circular curve concave to the Northeasterly; radius 1587.28 feet; chord bearings North 51 Dog. 44' 33 West, chord 1989.90 feet to the intersection of the south right -of -way line of Roberts Avenue; thence North 89 Deg. 22' 20" East 1684.64 feet along said right -of -way line; thence South 00 Deg. 46' 47" East 634.67 feet; thence North 89 Deg. 24' 03" East 210.00 feet; thence south 00 Deg 46' 47" East 614.77 feet to the point of beginning. ^ Containing 39.87 acres, more or less, subject to all easements, restrictions and reservations of record. Together with: Beginning at the Northeast corner of the Southeast quarter of the Northwest quarter of Section 4, Township 47 South, Range 26 East, Collier County, Florida. Thence west 660 feet to the Point of beginning, thence south 660 feet; thence west 210 feet; then north 660 feet, then east 210 feet to the point of beginning; containing 3 acres more or less, less and excepting portions lying within boundaries of Roberts Avenue, a public right o. way along the northerly boundary of premises. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA The project site is located in the South 1/2 of the Northwest 1/4 of Section 4, Township 47 South, Range 29 East, Collier County, Florida (SR 29 and Roberts Avenue in lmmokalee, Page 6 of 28 n Words stmek d,..,.,. are deleted. Words underlined are added. [Date: 01 -03 -20141 Packet Page -980- 1/28/2014 17.A. Florida;. The current zoning is RSF -3 and C -4 1.8 PHYSICAL DESCRIPTION The property consists of approximately 38-99 42.90 acres of land located in Immokalee, Florida The elevation of the property varies from approximately 34 feet NGVD in the Southwesterly portions to approximately 38 feet NGVD in the Northeasterly portion of the subject property. Water Management for the proposed project is planned to be a series of retention ponds as shown on the Master Utilities • and Water Management Plan, included as part of this MPUD Document. According to the USDA Soil Survey of Collier County Florida, issued March 1954, the project site lies entirely within the Blanton Fine Sand (Ba) Soil Classification. The relief of this soil classification is characterized as level to gently undulating; surface runoff is slow to medium; internal drainage is rapid; depth to bedrock is "many feet`; reaction is strongly acid; an, the principal vegetation before clearing was Slash Pine, Bluejack and Live Oaks, and Grasses. 1.6 PROJECT DESCRIPTION It is the intent of the petitioner to develop this land into 5 8.9 acres of siRgfe fami4y 'Erg institutional and Professional office uses, 9.0 acres of multifamily residences, 18.6 acres of commercial uses, a 4.1 acre historic site, and, 2.3 acres of roadway along with the required water management, recreation and open space, and, related accessory uses and structures. 1.7 SHORT TITLE This ordinance shall be known and cited as the "R. Roberts Estate Planned Unit Development Ordinance ". Page 7 of 28 Words s k- tiffough are deleted. Words underlined are added. [Date: 01 -03-2014 ] Packet Page -981- 1/28/2014 17.A. SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of R. Roberts Estate MPUD 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. .Unless otherwise noted, the definitions of all terms shall be the same as the definitions net forth in the Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of the R. Roberts Estate MPUD shall become part of the regulations which govern the manner in which the MPUD site may be developed. n D. Unless modified, waived, or excepted by this MPUD, the provisions of other land development codes, where applicable, remain in full force and effect with respect to the development of the land which comprises this MPUD. 2.3. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES Passe 8 of � Words stFueli 9,&eu#h are deleted. fiords Rnderlined are added. [Date: Ol - 03 -20] 4] Packet Page -982- the FAap titled , J submitltal. ", -e# which is LRelwded as pai4 of this petitiep submittal. Passe 8 of � Words stFueli 9,&eu#h are deleted. fiords Rnderlined are added. [Date: Ol - 03 -20] 4] Packet Page -982- the FAap titled , J Passe 8 of � Words stFueli 9,&eu#h are deleted. fiords Rnderlined are added. [Date: Ol - 03 -20] 4] Packet Page -982- 1/28/2014 17.A. D. tFees are shewA en the The following land use matrix summarizes the proposed use of the R. Roberts Estate M.PUD: TYPE UNITS/SQ. FT ACREAGE -TRACT "A" Single- Pam4y- institutional and /or Commercial 24 (4 9 U/ C4 S,62g.p SQ.FT /ACRE 38.9 TRACT "6" Multi Family 79 (9 8.78 DU /AC) 9.0 ROADWAY TRACT 1.3 TRACT "C' GeFAFAeF6alCommercial 13,978.5 SQ.FT /ACRE 9.8 TRACT "" D" Geqml+pffcaalCommercial 13,978.5'SQ.FT /ACRE 88 TRACT "E" Historic Site 4.1 L .d a hall b the r Fa r .,F BUFatie e r4; A4 ted a , 9e�elepment Eerie, DivisieR 3.6, 9F af, 904eFWiSe permitted by shir, PUP ei additdeR to the V@,i8N5 aFeaS and SPe£4I6 4@FR5 SIt9W Ill the " - +-►:a-`r;PF 2.4. DESCRIPTION OF PROJECT DENSMT' OR INTENSITY OF LAND USE A. A maximum of 4443 7_9 residential multi-family dwelling units, single family ari —oat iti famAy, exclusive of any caretakers residences which may be provided it conjunction with commercial development, may be constructed on the total project area. The gross (residential) project area is 44.A_ 990 acres. The gross project density, therefore, maybe a maximum of"8.78 units per acre. 2.5. RE ATOP\ PfRQ4FGT nt AN APPLRG tAI REQ IIR&149PtTf �T\ CQ•Qit !C7 �SL1 e , O Page 9 of 28 Words s uek t trough are deieted. Words underlined are added. [Date: 01- 03_2014] Packet Page -983- 1/28/2014 17.A. Page 10 of 28 Words str -uek ifeugh are deleted. Words underlined are added. [Date: 01 -U3- 2014] Packet Page -984- MOON .... . . MOO --ii iiiiii4i Wi "NOW IN - - •- Page 10 of 28 Words str -uek ifeugh are deleted. Words underlined are added. [Date: 01 -U3- 2014] Packet Page -984- MOON .... . . MOO --ii iiiiii4i Wi "NOW IN Page 10 of 28 Words str -uek ifeugh are deleted. Words underlined are added. [Date: 01 -U3- 2014] Packet Page -984- 1/28/2014 17.A. SECTION -11i 19W DENSITY RESIDENTIAL ARE-AS DI AN INSTITUTIONAL AND PROFESSIONAL OFFICE AREA PLAN - Tract A 3.1. PURPOSE I is the purpose of this Section to identify specific development standards for areas designated as ll Institutional and Professional Office ion Tract' "A" of the "Master Plan". 3.2. MAXIMUM INTENSITY DWELLING WN49 3.3. USES PERMITTED 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. Permitted Principal Uses and Structures: Institutional uses and facilities limited to: child day -care services including preschool n and after school programs and facilities (SIC 8351); private schools (SIC 8211); civic social and fraternal organizations (SIC 8641 ). Single family d-e-tar-thed- dwvelliAgs. 2. Professional Office (Sic 6021 -6099, 8011,8021, 8111, 8711- 8748',. E. Permitted Accessory Uses and Structures: Recreational uses and facilities such as swimming pools, tennis courts, gymnasium, bail fields, and children's playground areas -sty. Eastemaru assessar- uses -ate; SaFages 2. Commercial Kitchen and food services facilities, accessory to any institutional permitted use listed in Section 3.3.A.1. above. Any other accessory use which is accessory and incidental to the uses permitted by right in Section 3.3 A. of this MPUD C. Permitted Conditional Uses and Structures L.. 2 Churches Wage I I of 28 Words stfaek- 4"u are deleted. Words underlined are added. [Date: 01 -03- %2014] Packet Page -985- 1/28/2014 17.A. 3. Public, pFiva;e, pareehial . 4- 2. Group Care Facility (Category 1) (subject to LDC Section 2.65:2b 5,05.04). - Hespitals. 3.4 DEVELOPMENT STANDARDS A. GENERAL: All yards; and set - backs -, eta shall be in relation to the iRdWiduai let Tract boundaries. Except as set forth below in the event that the Tract is subdivided. nfe m to the RSP A o g distFir+ S. in Case of Subdivision: In the event that Tract A is subdivided the following development standards shall apply: C- I. MINIMUM LOT ARE A :',599 SEILiaFe fleet One Acre 9- 11. MINIMUM LOT WIDTH: (1) Corner Lots -x-120 feet (2) Interior Lots -99-100 feet 111. MINIMUM YARDS: (1) Front Yard- 25 feet, plus one (1) foot for each one (1) foot of building height over 50 feet. n (2) Side Yard -15 feet, or Y� the height of the building, whichever is greater (3) Rear Yard - 25 feet (4) Setbacks for accessory structures shall be the same as for principal structure in the case of Front and Side Yards and shall be a minimum of 10 feet for rear yards. € IV. MINIMUM FLOOR AREA: 1,000 square feet - Q0 C. OFF- STREET PARKING AND LOADING REQUIREMENTS: As required by ^ ^^°ieen 24 ^F the Land Development Code. t D. MAXIMUM HEIGHT: PFhReipal StFbletkfFe —, 39 fee; Aeeesser- y= WHrAur-e- -20met All uses shall be limited to a maximum zoned height of 35 feet and a maximum actual height of 42 feet except for the gymnasium which shall not exceed a maximum zoned height of 50 feet and a maximum actual height of 57 feet. Accessory Structure heights shall be limited to a maximum zoned height of 35 feet and a maximum actual height of 42 feet. Page 12 of 28 Words wwaek are deleted. Words underlined are added. [Date: 01 -03- 2014] Packet Page -986- ",~ 1/28/2014 17.A. E. SEPERATION BETWEEN STRUCTURES: (1) Principal Structures: 50% of the sum of the building heights; (2) Accessory Structures: A minimum of 10 feet between an accessory structure and any other structure. Page 13 of 28 Words iii t-49ttO are deleted. Words underlined are added. [Date: 01 -03 -20141 Packet Page -987- 1/28/2014 17.A. SECTION IV MEDIUM DENSITY RESIDENTIAL AREAS PLAN —TRACT B 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the areas designated as Medium Density .(Multi -Fam ly Residential) in Tract "B" of the "Master Plan ". 4.2 MAXIMUM DWELLING UNITS Generally intended for projects where the net density is less than nine (9) dwelling units per acre the maximum number of dwelling units allowed within the PUD shall be as follows: Tract "B ": 79 dwelling units on 9.0 acres of land. 4.3 PERMITTED USES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: _. Mufti - family dwelling units Two family dwelling units. Single family attached and detached dwellings. B. Permitted Accessory Uses and Structures: _ . Customary accessory uses and structures, including private garages. Recreational uses and facilities such as swimming pools, tennis courts, children's playground areas, etc. Such uses shall be visually and functionali\ compatible with the adjacent residences which have the use of, such facilities. C. Permitted Conditional Uses and Structures: Cluster housing (subject to Seetie^ ' c 27 of the C-e}1+ef C Land Development Code provisions). 2. Public, private, parochiai schools. 1 Civic and cultural facilities. 4. Owner - occupied child care centers (subject to Land Development Code Provisions). 5. Recreational facilities not accessory to principal use. 6. Group Care Facility (Category 1Lsubject to Land Development Code provisions). 7. Multi - family Dwellings up to 4, 5, and 6 stories. Page 14 of 28 Words sty& thr-o tgh are deleted. Words underlined are added. [Date: 01 -03 -2014] Packet Page -988- 1/28/2014 17.A. E. Churches 9. Child Care Centers 10. Hospitals. 4.4 DEVELOPMENT STANDARDS A. GENERAL: All criteria listed below shall be understood to be in relation to respective tract boundary tines or between buildings. B MINIMUM LOT AREA: One (1) acre. C. MINIMUM LOT WIDTH: 150 feet. D. MINIMUM YARDS: (1) Front Yard —25 feet plus one foot for each two feet of building height over thirty (30) feet. (2) Side Yard — 7 Yz feet plus one foot for each `two feet of building height over thirty (30) feet. (3) Rear Yard — 25 feet plus one foot for each two feet of building height over thirty (30) feet. E. DISTANCE BETWEEN BUILDINGS: fifteen (15) feet plus one foot for each two feet of building height over thirty (30) feet. F. MINIMUM FLOOR AREA: 750 square feet. G. MAXIMUM HEIGHT: (1) Principal Structure: 30 feet. (2) Accessory Structure: 20 feet. (3) As otherwise approved by the County for conditional use multi- family structures over three (3) stories as permitted oy Section 4.3.C.7 precedinb. H. OFF -SHEET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 of the Land Development Code. 4.5 RESIDENTIAL SETBACKS AND SUMMARY TABLE FOR RESIDENTIAL AREAS General Application For Setbacks Generally whenever the word setback is used relative to a measurement between the buildings and a lot line and /or perimeter boundary of a parcel of land upon which buildings Pagge 15 of 28 Words st -u& t4" ugh are deleted. Words underlined are added. [Date: 01 -03 -?014] Packet Page -989- 1/28/2014 17.A. are to be constructed it shall have the following application. A. FRONT YARD Front yard setbacks shall be measured as follows: 1) if the parcel is served by a public or private right -of -way, setback is measured from the adjacent right -of -way line. 2) If the parcel is served by a non - platted private drive, setback is measured from the back of curb or edge of pavement. 3) If the parcel is served by a platted private drive, setback is measured from the road easement or property line. 4) Generally, principal buildings shall be setback a distance sufficient to provide for two back to back parking spaces, one of which may be in an enclosed space. 5) When principal buildings front upon a common parking area, which in turn fronts upon a public or private right -of -way or non - platted drive a minimum distance of ten (10) feet shall separate the principal building and any related parking facility, and a green belt of ten (10) feet shall separate said right -of- way, or other non - platted private drive from the common parking area. This shall not prohibit the attached relationship of enclosed parking structures to the principal residential structure. B. Interior Yards (Not Adiacent any Right -of -Way or Other Private Drive or Adiacent Open space Area) The separation of principal structures from an interior lot /parcel /tract boundary shall not be less than 7.5 feet for side yard setbacks and not less than 25 feet for rear yard setbacks. C. Accessory Buildings and Use Area Relationships The development standards for accessory buildings shall be as set forth in this PVD Document. However, whenever provisions have not been provided in this document, the regulations of the Collier County Land Development Code shall govern, L Definitions and interpretation of Word /Phrases Site Depth Average: Determined by dividing the site area by the site width. Site Width: As defined by Article 2 of the Collier County Land Development Code. May be reduced on cul -de -sacs lots. SBH (Sum of Building Heights: Combined height of two adjacent buildings for the purpose of determining setback requirements. Setbacks are measured from lot lines, tract boundaries or public or private streets. Open space area means development adjacent to lakes, preserves, conservation area, park, or golf course. Single Family Attached /Townhouse /Row House: A group of three (3) or Page 16 of'28 Fords stfuek thfou g are deleted. Words underlined are added. [Date: 01- 03- 2014] Packet Page -990- 1/28/2014 17.A. more dwelling units attached to each other by a common wall or roof wherein each unit has direct exterior access and no unit is located above another, and separated from any other(s) a fire and sound resistant space, and wherein each separate lot under separate each unit is completely by a rated fire wall or enclosed separation or dwelling unit is on a ownership. 5) Villas: is a multiple family structure which includes a structure containing three or more dwelling units both vertically and horizontally attached typically with dwelling units over dwelling units having irregular shaped exterior walls and generally not exceeding a height of two habitable floors. 6) Multiple Family: Means a housing structure containing three or more dwelling units other than that which fulfills the definition of single family attached, townhouse, row house, and villas. Generally includes a structure of two or more stories with dwelling units above dwelling units each of which may be accessed direct from the outside or from a common interior location. 7) Duplex: Asingle, freestanding, Conventional building intended, designed, used and occupied as two (2) dwelling units attached by a common wall or roof, but wherein each unit is located on a separate lot under separate ownership. 8) Cluster Housing: A design technique allowed within residential districts by conditional use. This form of development employs a more compact arrangement of dwelling units by allowing for reductions in the standard lot requirements of the applicable zoning district, with the difference between the reduced lot size and the standard lot requirement being placed in common open space. (subject to Section 2.6.27 of the Collier County Land Development Code.) Page 1.7 of 28 Words k-€# t�Fr are deleted. Words underlined are added. [Date: 01 -03 -2014] Packet Page -991- 1/28/2014 17.A. RESIDENTIAL DEVELOPMENT STANDARDS ** MULTIPLE FAMILY STRUCTURES ! SINGLE SINGLE TOWNHOUSE/ PERMITTED USES FAMILY 2FAMILY FAMILY MULTI- FAMILY/ STANDARDS DETACHED DUPLEX ATTACHED/ ROW HOUSE Minimum Land Area Per Structure 7,500 1 Acre 1 Acre 1 Acre Or Per Dwelling Unit Sq. Ft. SITE WIDTH 80 Ft. Int. MIN. AVG. 95 Ft. Cor 150 Ft. 150 Ft. 150 Ft. FRONT YARD SETBACK (i) Regular 25 Ft. 25 Ft. 25 Ft. 25 Ft. SIDE YARD SETBACK (i) Regular 7.5 Ft, 7.5 Ft. 7.5 Ft. 7.5 Ft, REAR YARD SETBACK (i) Regular 25 Ft. 25 Ft. 25 Ft. 25 Ft. MAX. BUILDING HEIGHT (i) Above MFL 100 yr. Or Grade Parking 30 Ft. 30 Ft. 30 Ft. 30 Ft. (ii) Accessory Structure 20 Ft. 20 Ft, 20 Ft. 20 Ft. DIST. BETWEEN PRINCIPAL STRUCTURES 15 Ft. 15 Ft, 15 Ft. 15 Ft. FLOOR AREA 1,000 SF 750 SF 750 SF MINIMUM /DWELLING UNI- 1 Story 750 Sq. Ft. 1.200 SF 2 Story ­Refer to Section IV, Medium Density Residential Areas Plan. Page 18 of 28 Words stfiuek watigh are deleted. Words underlined are added. [Date; 01 -0; -2014 Packet Page -992- /0-1*1 SECTION V COMMERCIAL AREAS PLAN - Tracts C & D 51 PURPOSE 1/28/2014 17.A. The purpose of this Section is to identify the types of Commercial Uses and development standards that will be applied to the areas so designated as Tracts "C" and "D" on the "Master Plan ". 5.2 DEVELOPMENT EMPHASIS Except as otherwise provided for within this section, all lots shall conform to the General Commercial District (C-4) of the Collier County Land Development code. The intensity of land use, types of use activities and acreage assigned to this development is intended on the following tracts: TRACT (INTENSITY) SQUARE FEET ACRES "C" 136,989 11 11 9.8 "D" 123,011 11 '" 8.8 Total 260,000 18.6 5.3 USES PERMITTED A. No building or structure or part thereof, shall be erected, aitered or used, or land used, in whole or part, for otherthan the following: _ . Antigua shops; appliance stores; art studios art supply shops; automobile parts stores; automobile service stations without repairs (sea Section 2.6.28); awning shops. Bakery shops; bait and tackle shops; banks and financial institutions; barber and beauty shops: bath supply stores; bicycle sales and services; billiarC halls, blueprint shops; book binders; book stores; business machine services. Carpet and floor covering sales - which may include storage and installation; churches and other places of worship (see Section 2.6.10); clothing stores; cocktail lounges (sea Section 2.6.10); commercial recreation uses - indoor; commercial schools; confectionery and candy stores. Delicatessen; department stores; drug stores; dry cleaning shops; dry goods stores and drapery shops. Electrical supply stores; equipment rentals including lawn mowers and power saws, which may include their repair and sale. _ . Fish market - retail only; florist shops; fraternal and social clubs (see Section 2.6.10); funeral homes; furniture stores; furrier shops. Page 19 of 28 Words sit ettgh are, deleted. Words underlined are added. [Date; 01 -03 -2014] Packet Page -993- 1/28/2014 17.A. ^I Garden supply stores - outside display in side and rear yards; gift shops; glass i and mirror sales - including storage and installation; gourmet shops. Hardware stores; hat cleaning and blocking; health food stores; homes for the aged; hospitals and hospices. _ Ice cream stores. Jewelry stores. _ .. Laundries - self- service only; leather goods; legitimate theatres; liquor stores; locksmiths. 12. Markets - food; markets - meat, medical office and clinics; millinery shops; motion picture theatres; museums; music stores; minor automobile repair work. 13. New car dealerships - outside display permitted; news stores; night clubs (see Section 2.6.10). 14. Office - general; office supply stores. 15. Paint and wallpaper stores; pet shops; pet supply stores; pottery stores; printing; publishing and mimeograph service shops; private clubs (see Section 2.6.10); professional offices. Radio and television sales and service; radio and television stations (offices and studios), and auxiliary transmitters and receiving equipment, but not principal transmitting tower; research and design labs; rest homes; restaurants - including drive -in or fast food restaurants (see Section 2.6.10). 1E. Shoe repair; shoe stores; shopping centers (see Division 3.3); souvenir stores; ^ stationery stores; supermarkets and sanatoriums; _ Tailor shops; taxidermists; tile sales - ceramic tile; tobacco shops; toy shops; tropical fish stores. z.i . Upholstery shops. Variety stores; vehicle rental - automobiles only; veterinarian' offices and clinics no outside kenneling. Watch and precision instrument repair shops. Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Planning Services Manager determines to be compatible in the district. B. All of the above permitted principal uses of land and buildings may be permitted providing the following conditions are found to be present: Ali retail or service establishments shall deal directly with consumers as opposed to wholesale distribution of products or services to non - household establishments. For those retail or service establishments producing goods on the premises, they shall be sold at retail. All business, servicing, or processing, except for off- street parking and loading, shall be conducted within a completely enclosed building, except for motorized vehicle equipment sales. Page 20 of 28 Words s._.., k ffif ttfgh are deleted. Words underlined are added. [Date: 01 -03 -2014] Packet Page -994- 1/28/2014 17.A. C. Permitted accessory uses and structures in Tracts "C" and "D ". I. Accessory uses and structures customarily associated with the uses permitted in this section. 2. Caretaker's residence subject to Section 2.6.16. D. Permitted conditional uses and structures in Tracts "C' and "D ". 1. Carwash. I Child care center. I Commercial recreation — outdoor. 4. Detached residence in conjunction with a business — one per business. S. Drive -in theatres. 6. Permitted use with less than 1,000 square feet gross floor area in principal stricture. 7. Used car lots and outdoor boat sales. 8. Vehicle Rentals — all vehicles except automobiles. 9. Hotels and motels. 10. Retail sales of propane gas. 5.4 DEVELOPMENT STANDARDS APPLICABLE TO TRACTS "C" AND "D" A. Minimum Lot Area: Ten Thousand (10,000) square feet. B. Minimum Lot Width: One Hundred (100) feet. C. Minimum Yard Requirements: 1. Front yard — twenty five (25) feet plus one (1) foot for each one (1) foot of building height over fifty (50) feet. 2. Side yard — fifteen (15) feet, or % the height of the building, whichever is greater. Rear yard - zero (0) feet or five (5) feet._ Maximum Height: Fifty (50) feet. L. Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the ground floor. ! Maximum Density: Sixteen (16) units per acre for transient lodging facilities. hotels, and motels with a maximum floor area of 500 square feet per unit. G . Distance Between Principal Structures: Zero (0) feet or fifteen (15) feet with unobstructed passage from front to rear yard. Off- Street Parking and goading Requirements: 1. As required by44is. of the Land Development Code. Page 21 ol'28 Words °� -�� are deleted. Words underlined are added. [Date-, 01 -0 -2014] Packet Page -995- SECTION V( HISTORIC SITE DEVELOPMENT 6.1 PURPOSE 1/28/2014 17.A. A. It is the purpose of this section to identify specific development standards for Tract "E" of the "Master Plan ". 6.2 USES PERMITTED No building or structure, or part thereof shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: The Historic Site (land and buildings) shall be maintained as an Historic Facility depicting the early days of Immokaiee as they existed during the early occupancy of the property by the Roberts Family and may include the following uses and structures: 1. Museum, storage and display of historical records, photographs, and artifacts of significant value to Immokalee and Collier County. 2, Library and community meeting room. 3. Any structure depicting the residency of the Roberts Family on -site as well as any other structure or display which commemorates and /or preserves the occurrence of an historical event of significant value to the growth and development of Immokaiee and Collier County. 6.3 DEVELOPMENT STANDARDS A. General: All criteria listed below shall be understood to be in relation to respective tract boundary lines or between buildings. B. Minimum Lot Area: Four (4) acres. C. Minimum Lot Width: As shown on the "Master Piar' . D. Minimum Yard Requirements: =.. Front Yard - 25 feet. Side Yard - 7 1/2 feet. Rear Yard - Not applicable. E. Minimurn Floor Area 1. None. F. Maximum Height: 1. Maximum height of any structure: 45 feet. Page 22 of 2b Words stnieh -thr-etf are deleted. Words underlined are added. [Date: 01-03-2014] Packet Page -996- r_ ___ 1/28/2014 17.A. G. Off- Street Parking and Loading Requirements: 1. As required by Division 2.3 of the Land Development Code. 6.4 ADMINISTERING AGENCY A. The 4.1 acre Historic Site (land and buildings) shall be dedicated to the Collier County Board of County Commissioners. Page 2' ) of 28 Words stniek gwough are deleted. Words underlined are added. [Date: 01 -U3- 21114] Packet Page -997- SECTION VII DEVELOPMENT COMMITMENTS 7.1 PURPOSE 1/28/2014 17.A. A. The purpose of this Section is to set forth the general development requirements and conditions for development of the project. 7.2. GENERAL A. All facilities shalt be constructed in strict accordance with Final site Development Plans, Final subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD in effect at the time building permits are requested. Except where specifically noted or stated otherwise, the standards and specifications of the e#ieia County's Land Development Code, as amended, and other applicable regulations shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall agree to follow the Master Plan and the regulations of the PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition the developer will agree to convey to any successor or assignee in title any commitments within this agreement. 7.3. PUD MASTER PLAN The PUD Master Plan, identified as "Master Plan ", illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase as may be executed at the time of final platting or site development plan application. Subject to the provisions of Seetig^ a.;!.2 ^f the Land Development Code, amendments to the PUD may made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. f .• ... 7.5 MAINTENANCE OF COMMON AREAS A. The maintenance of all private streets, recreation areas, common open spaces and any other common areas shall be the responsibility of the developer, his successor or assignee. 7.6 TRANSPORTATION Page 24 o f' 28 Fords stFu rte are deleted. Words underlined are added. [Date: U1 -0 -2014] Packet Page -998- 1/28/2014 17.A. The developer shall provide fair share contributions with the minimum share being 30% toward any traffic signals. deemed warranted by the County at any of the project's accesses and at the intersections of SR 29 and Roberts Avenue, SR 29 and 11th Street extension, and Roberts Avenue and 11th Street. The fair share value will be based on all design, permitting and construction costs. The following minimum requirements concerning roadway access shall be provided to and from the project as well as within and between tracts: 1. Right turns in, via right turn lanes, and left turns in, via left turn lanes allowed by the Florida Department of Transportation (FOOT) under the 2 -3 laning condition shall be provided for all access points on S.R. 29 to tracts B, C, and D of the project. At such time as the four laning of S.R. 29 occurs, either the FOOT or Collier County shall have the right of median control which includes prohibition of certain turning movements in consideration of roadway capacity. The FDOT and Collier County reserve the right of access control consistent with existing and future FDOT and Collier County policies effective at the time of the issuance of building permits. 2. Access. between Tract D and Roberts Avenue shall be as follows: A. An eastbound right turn lane shall be provided at the western most intersection of Tract D and Roberts Avenue. The requirements for a westbound left turn shall be subject to the applicable State and /or County requirements in place at the time of Preliminary Subdivision Plat Approval. A westbound left turn lane shall be provided at the eastern most intersection of Tract D and Roberts Avenue. An eastbound right turn lane may be required in consideration of volume and regulatory controls in -place at the time of Preliminary Subdivision Plat approval. 3 3. Access between the North II V' Street extension and Tracts A, B, and C shall be controllers as follows: A. A northbound right turn lane shall be provided at the access to Tract B immediately north of S.R. 29. b. A northbound left turn lane shall be provided at the access to Tract C immediately north of S.R. 29. Additional turn lanes and /or directional controls may be required by Collier County upon site specific analysis of traffic data. Additionally, the access points for Tract C and Tract B shall be located a minimum of 150 feet north of S.R. 29 right -of -way line. Also, minimum throat lengths of.between 100 Tracts B, C, and D as set forth by AASHTO Standards and County Policy-. Page 25 of 28 Words stfueh thr-e are deleted, Words underlined are added. [Date: 01 -0-2014] Packet Page -999- 1/28/2014 17.A. D. The developer shall provide a fair share contribution for sidewalk /bike paths along ak project frontages (unless provided by Collier County or the FDOT), the minimum fair share contribution shall be 75% except along Roberts Avenue where the minimum, shall be 50 %. E. Road Impact fees shall be as set, forth in Ordinance 85 -55, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. F. Access Improvements and right -of -way donations shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. G. All traffic control devices used shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0747, Florida Statutes. 1.7 WATER MANAGEMENT A. Prior to construction plans approval a Florida Department of Transportation right-of- way permit allowing stormwater discharge in the SR 29 right -of -way shall be provided. B. Bottom of dry retention areas shall be at least one toot (I`) above the seasonal high water table. C. At the time of construction plans review, petitioner shall provide an analysis of the capacity of the off -site swales within the rights -of -way and if improvements are warranted, petitioner shall make such improvements accordingly. 7.8 UTILITIES A. Connection to the existing Immokalee Water and Sewer District water and sewer facilities within Roberts Avenue and West Main Street rights -of -way is required and must be completely illustrated on the final sits plans. Supporting engineering construction drawings shall be provided showing location, configuration and size. St. Prior to final site plan approval, a letter from the Immokaiee Water and Sewer District stating that the District has reviewed and approved the water and sewer facilities construction documents for service to the project shall be submitted. _.. At the time of building permit submission, the applicant shall provide a letter verifying the availability and adequacy of sewer service for the project. The project shall be designed for central water and sewer systems. No individual septic tanks or potable water supply wells shall be permitted. 7.9 ENGINEERING A. The Developer, successors, and assigns are required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site. This includes, but is not limited to, Preliminary Subdivision Plats, Site Development Plans and any other application that wili result in the issuance of a final development order or final local development order. L.. Prior to building permit issuance, a Florida Department of Transportation right -of -way permit shall be submitted Ali requirements of the Collier County gubdiViSiGIR r.9de Land Development Code and other applicable regulations, must be met since, no exceptions were requested. D. The project. shall be platted in accordance with the Collier County Subdivision Code to Page 26 of 28 n Words °* eh dwetigh are deleted. Words underlined are added. [Date: 01 -03- 2014] Packet Page -1000- 1/28/2014 17.A. define the tracts and right -of -way as shown on the master plan. E. Construction plans for that portion of North 11th Street between Roberts Avenue and SR 24 shall be submitted at the time of Phase I submission to the Collier County Transportation Department for review and approval. 7.10 ENVIRONMENTAL A. Petitioner shall be subject to the environmental ordinances, and the Land Development Code, in effect at the time of final site development plan or construction plans approval. B. At the time of the next development order or any request for site alteration for Tract A a Tree Count will be provided and trees will be retained or replanted in accordance with LDC Section 3.05.07.A.2. Native Trees. in addition the landscape plan(s) submitted in coniunction with the first SDP shall include specific details on type, size location and number of threes to be planted to compensate for the native trees that will not be retained. The replanted trees shall meet the type size and iocational requirements set forth in LDC Section 3.05.07.A.2 Native Trees. 7.11 ACCESSORY STRUCTURES A. Accessory structures shall be constructed simultaneously with or fallowing the construction of the principal structure except for a construction site office and model units. 7.12 SIGNS A. All signs shall be in accordance with D4t;sig;r 2.9 -ef the Collier County Land Development Code, 7.13 LANDSCAPING FOR OFF- STREET PARKING AREAS A. All landscaping for off - street parking areas shall be in accordance with Divisiefl 2.4 of the C-eiliey Land Development Code. 7.14 POLLING Places A. Polling places shall be provided ` and if a request for such is made by the Collier County Supervisor of Election". 7.15 SPECIAL. CONDITIONS A. Upon approval of this petition by the Board of County Commissioners, the petitioner agrees to convey title of Tract °E" (4.1 acre historic site (land and buildings)) to Collier County, Florida, at no cost to the County, immediately following the approval of this petition by the Board of County Commissioners. This action shall be part of the plat dedication. Upon approval of this petition by the Board of County Commissioners, the petitioner agrees to convey title of the right -all-way for the extension of N. 11th Street southward from its present terminus at Roberts Avenue through the project as shown on the "Master Plan ", a copy of which is included as a part of this petition submittal, at no cost to the County, immediately following the approval of this petition by the Board of County Commissioners. This action shall be part of the plat dedication, Page 27 of 28 Words stf,,iah—thfo are deleted. Words underlined are added. [Date: 01 -03 -2014] Packet Page -1001- 1/28/2014 17.A. C. Within one year of the data of the County's acceptance of the conveyance of the title for the right -of -way for the extension of N. 11th Street southward from its present terminus at Roberts Avenue through the project as shown on the "Master Plan ", a copy of which is included as a part of this petition submittal, ,CaHier County, Florida agrees to include the design, permitting, and construction of said extension of N. 11" Street in its next capital budget cycle (within the five (5) year Capital Improvement Element (CIE). Such inclusion in the CIE of the budget shall obligate the County to pay for and construct said extension of N. 11" Street southward from its present terminus at Roberts Avenue through the project as shown on the "Master Plan ", a copy of which is included as a part of this petition submittal, All utility lines to be placed in the road right -of -way and appurtenances to benefit the development shall be at the expense of others. The petitioner agrees to pay one -half (1/2) of the cost of any signalization required to maintain the safe movement of traffic on and off of the N. 11th Street extension within the project boundaries. In the event the petitioner desires to design, permit, and /or construct the said improvements in the advance of the County schedule as laid out in the CIE, the county agrees to reimburse the petitioner in accordance with the County's scheduled plan. D. The petitioner agrees to donate to the County, at no cost to the County, any of the existing Roberts Homestead structures located outside of Tract "E ", which the county wishes to move to Tract "E" and preserve as a part of the historic site; and, further agrees to provide access on the Roberts property to the County for the purpose of moving said structures to Tract "E ". The petitioner further agrees to assist in the moving of said structures (including providing labor and equipment), however, the County shall be solely and totally responsible for all costs resulting from any necessary sit improvements or the restoration of said structures. E. The petitioner snall provide a Certificate of Adequate Public Facilities at the time o` application for any Final Development Order. r. The petitioner shall provide sidewalks along the project's frontages in accordance with the standards listed in the Collier County Subdivision Code. ?.lb OPEN SPACc A. Open space shall be provided in accordance with Seeiie^'.-. ;' 4f the 6eli+er GewRtN Land Development Code. Page 28 ol'28 Words :,t,.uek ,h fati`h are deleted. Words underlined are added. [Date: 01 -0> -2014] Packet Page -1002- O I m I 0 f� fW W fv { 'y v 4 �. --- IT �I Iti I 1` b I , �T �I 4 iii r� 1i r +; 1I �, I J f Packet Page -1003- 1/28/2014 17.A. 1 } r s� W ' p! lS a fs; m SEE Zi W 9169 E t� 1, • �I Q c + W i„ M f r s� W ' p! lS a fs; m SEE Zi W 9169 E t� 1, • �I � w i ORDINANCE NO. 92- 7 6171678� M AN ORDINANCE AMENDING ORDINANCE NUMBER A 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE u UNINCORPORATED AREA OF COLLIER COUNTY, n V FLORIDA BY AMENDING THE OFFICIAL ZONING m o 99 tiro ATLAS MAP NUMBER 7904N; BY CHANGING THE A \rL_tC0�6 ZONING CLASSIFICATIONS OF THE HEREIN W 4vr�' DESCRIBED REAL PROPERTY FROM RSF -3 AND o �" C -4 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE R. ROBERTS ESTATE PLANNED L UNIT DEVELOPMENT FOR SINGLE- FAMILY m ca RESIDENCES, MULTI- FAMILY RESIDENCES, ^� COMMERCIAL USES AND A HISTORIC SITE FOR PROPERTY LOCATED ON THE SOUTH SIDE OF ROBERTS AVENUE AND NORTH AND LAST OF SR -29, IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST (IMMOKALEE), COLLIER COUNTY, FLORIDA, CONSISTING OF 39.90± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dallas Townsend, representing Robert A. Roberts, on behalf of the Robert Roberts Estate, petitioned the Board of County Commissioners to change the zoning classifications of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE. The Zoning Classifications of the herein described real property located in Section 4, Township 47 South, Range 29 East (Immokalee) , Collier County, Florida, are changed from RSF -3 and C -4 to "PUD" Planned Unit Development in accordance with the R. Roberts Estate PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 7904N, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO, This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. IM n,5QPdGE s88 -1- Attachment B Packet Page -1004- PUDA- PL20130000052 ROBERTS ESTATES PUD DATE: 4/11/13 DUE: 519/13 1/2812014 17.x. r M C7 REV: 1 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: f'i BY • Y JAMES C•.. OILES, CLERK MICHAEL J OLPE CHAIRMAN F r ikR. OVED AS "�0 FORM AND LEGAL SUFFICIENCY X72 d Aa . f MARJO IE M. BTUDENT ASSISTANT COUNTY ATTORNEY PUD -91 -8 ORDINANCE nb/6148 sir This ordinonce 1,1r i with tho 5 t rr,ory of ttnt 's Of i,t�ce ptho UP daN, and oc'mc • e7(/ dgemont of thct }iiir eceired this -ZL uA..n cw• 100K P50 PALE 389 -2- ?' PASSED AND DULY ADOPTED by the Board of County •y,.. Commissioners of Collier County, Florida, this 21st day of f Tarntar� , 1992. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: f'i BY • Y JAMES C•.. OILES, CLERK MICHAEL J OLPE CHAIRMAN F r ikR. OVED AS "�0 FORM AND LEGAL SUFFICIENCY X72 d Aa . f MARJO IE M. BTUDENT ASSISTANT COUNTY ATTORNEY PUD -91 -8 ORDINANCE nb/6148 sir This ordinonce 1,1r i with tho 5 t rr,ory of ttnt 's Of i,t�ce ptho UP daN, and oc'mc • e7(/ dgemont of thct }iiir eceired this -ZL uA..n cw• 100K P50 PALE 389 -2- F 4� �4 y. . 7! • 1�1�77i�Jii.'' • ' R. ROBERTS ESTATE PUD G:. Y_j-t.�d_. . A PLANNED UNIT DEVELOPMENT PREPARED FOR: ROBERT A. ROBERTS IN BEHALF OF THE ROBERT ROBERTS ESTATE PREPARED BY: DALLAS TOWNSEND P.-O. BOX 1110 IMMOKALEE, FLORIDA 33934 CONSULTING ENGINEERS DAVID S. WILKISON,.P.E., VICE PRES. WILXISON & ASSOCIATES, INC. 3584 EXCHANGE AVENUE, SUITE A NAPLES, FLORIDA 33942 ENVIRONMENTAL CONSULTANT: TURRELL G ASSOCIATES 3584 EXCHANGE AVENUE, SUITE B' NAPLES, FLORIDA 33942 PLANNING CONSULTANT: DR. =0 J. SPAGNA, AICP, PRES. FLORIDA URBAN INST., INC. 3850 27TH AVENUE S.W. NAPLES, FLORIDA 33964 L71 DATE REVIEWED BY CCPC 12119191 DATE APPROVED BY BCC 1/21/92_ ORDINANCE NUMBER_— AMENDMENTS AND REPEAL EXHIBIT "A" Door fl50 PAGL.390 Packet Page -1006- 1/28/2014 17.A. t,r eooK n7f� pu: �9�. ' b' L I t, OZ/8Z/ I i. TABLE OF CONTENTS TABLE OF CONTENTS i xp STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP L DESCRIPTION g SECTION II PROJECT DEVELOPMENT REQUIREMENTS g SECTION III LOW DENSITY RESIDENTIAL AREAS PLAN 11 ". SECTION IV MEDIUM DENSITY RESIDENTIAL AREAS PLAN 13 SECTION V COMMERCIAL AREAS PLAN 19 SECTION VI HISTORIC SITE DEVELOPMENT PLAN 24 SECTION VII DEVELOPMENT COMMITMENTS Zg PUD MASTER PLAN ATTACHMENT I 1, t,r eooK n7f� pu: �9�. 1/28/2014 17.A. STATEMENT OF COMPLIANCb Introductory Paracrrach The subject property consists of 39.90 acres, more or less, of land located in the south 112 of the northwest 1/4 of Section 4, Township 47 South, Range 29 East, Collier County, Florida and more, particularly described as follows: ` Commencing at the southeast corner of the Northwest 1/4 of said section, run South 89 Deg. 251 45" West 659.79 feet along the south line of said Northwest 1/4; thence North 00 Deg. 46' 47" Wl West 50.00 feet to the Point of Beginning, said point being on the north right -of -way line of S.R. 29; thence South 89 Deg. 25' 45" West 348.97 feet along said right -of -way line to a point of curve; thence 2150.68 feet along the arc of a circular curve concave to the northeasterly, radius 1587.28 feet; chord bearings North 51 Deg. 44' 33" West, chord 1989.90 feet to the intersection of the south right -of -way line of Roberts Avenue; thence North 89 Deg. 22' 20" East 1684.64 feet along said right -of -way line; thence P't South 00 Deg. 46' 47" East 634.67 feet; thence North 89 Deg. 24' 03" East 210.00 feet', thence South 00 Deg. 46' 47" East 614.77 feet to the Point of Beginning; containing 39.s7 acres, more or less. Subject to all easements, restrictions and reservations of record. It is the intent of the petitioner to develop this land into 5.9 acres of single family residences, 9.0 acres of multi- family residences, 18.6 acres of commercial use, 4.1 acre Historic Site, and 2.3 acres of roadway along with the required Water Management, Recreation and Open Space, and related accessory uses and structures. COMPLIANCE WITH CONCURRENCY MANAGEMENT SYSTEM '.' This project shall be subject to compliance with the Concurrency Management System designed to determine the adequacy of public .y services and facilities. CONSISTENCY RITE GROATS MANAQEMENT PLAX This project is consistent with the Immokalee Master Plan Element of the Collier county Growth Management Plan because of the a'• following reasons: t A. The project has been found to be consistent with Policy R•' II.1.1 of the Land Use Section of the Immokalee Master Plan .. Element that is stated as follows: "The Immokalee Master t7 100 n50 PAG1 ,392 Packet Page -1008- Y- Plan Future Land Use Designation shall include a Future Land Use District for commercial that is known as the Commerce }" Center -Mixed Use District." IIi B. The project has been found to be consistent with Section B., Land Use Designation Description, of the Implementation Section of the Immokalee Master Plan Element, with regards to the Commerce Center -Mixed Use District. ' The subject property is located within the Commerce Center /Mixed Use District as shown on the Immokalee Future Land Use Map. This subdistrict is designed to function as an employment center and encourages commercial and institutional uses. Uses permitted within this subdistrict include shopping centers, governmental institutions, transient lodging facilities, and other employment generating uses. Residential development is permitted within the mixed -use subdistrict at a maximum density of 12 dwelling units per gross acre. Residential dwelling units are limited to multi - family structures and less intensive units such as single - family provided they are compatible with the district. Non - commercial uses permitted within the Commerce Center /Mixed Use {.` District include uses such as parks, open space, publicly -owned recreational uses, churches, public and private schools, day -care centers, and those essential services as defined in the Collier County Land Development Code. "> Evaluation of Residential Tracts � Land Use .,N Acres alts Density A Single- Family 5.9 24 4.07 Residential u B Multi- Family 9.0 79 8.78 Residential Since the density of the Single - Family Residential tract and the r density of the Multi - Family Residential tract are both less than n' the maximum density of 12 dwelling units per gross acre, and the conditional uses are similar to non - commercial uses permitted C; within the Commerce Center /Mixed Use District (or in some cases, permitted residential uses) the residential tracts are consistent with the Immokalee Master Plan Element of the Collier County Growth Management Plan. Evaluation of Commercial Tracts Tracl- Acres Intensitv (Square Feet, C 9.8 136,989 8.8 123.011 =?' Total 18.6 260,000 -2- 600( n, 0 PAGE 993 -6001- aSed IaPed 1/28/2014 17.A. MWW 4M Designed to provide employment generating uses, the two commercial tracts would accommodate commercial uses similar to the permitted uses and conditional uses under the C -! (General Commarcial) zoning district of the Collier County Land Development Code. The W; Floor Area Ratio of 0.32 is a relatively moderate amount of u' commercial intensity. Furthermore, its central location within the Immokalee Urban Area provides a logical point for the concentration of general commercial land uses. The two commercial tracts are consistent with the Immokalee Master Plan Element of the Collier County Growth Management Plan. i.` Evaluation of Historic Site The 4.1 acre Historic Site is similar to parks, open space, and publicly -owned recreational uses. Since non - commercial uses ". permitted within the Commerce Center /Mixed Use District include w3 uses such as parks, open space, and publicly -owned recreational uses, the Historic Site is consistent with the Immokalee Master i' Plan Element of the Collier County Growth Management Plan. Consistency with the Growth Management Plan .includes more than a ` finding of land use consistency. However, these consistency relationships typically come about as n function of imposing development commitments and requiring mitigation to bvercome or compensate for level of service requirements and other requirements of the Immokalee Master Plan Element and other r elements of the Growth Management Plan. Based on Policy 5.2 of the Traffic Circulation Element, the trips generated by this project represents a significant percentage of the overall traffic on S.R. 29, N. 11th Street, Roberts Avenue, and Immokales Drive. However, the site generated trips will not reduce the level of service on any roadway segment within the project's radius of development influence (RDI) at build -out. Furthermore, there are no capacity problems on any roadway segment that is impacted greater than five percent by the project's site generated trips. ? Therefore, this petition is consistent with all elements of the Growth Management Plan, albeit this consistency will or may be brought about by 'the inclusion of development standards, mitigation measures, or otherwise provided for in the approved development order. Unless otherwise provided for in the approved development order, development permitted by the approval of this petition will be subject to, a concurrency review under the provisions of the Q' Adequate Public Facilities ordinance No. 90 -24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. -3- door (5[)PACE 391 Packet Page -1010- I ` SECTION I PROPERTY OWNERSHIP AND DESCRIPTION ;f,, 1.1 pLTRPOSE The purpose of this Section is to set forth the location and. ownership of the property, and to describe the.existing conditions of the property proposed to be developed under the project name of R. Roberts Estate Planned Unit Development. � 1.2 LEGAL DEBCRIPTION A parcel of land lying in the South 112 of the Northwest 1/4 of Section 4, Township 47 South, Range 29 East, Collier County, Florida and more particularly described as follows: Commencing at the Southeast corner of the Northwest 114 of said section, run South 89 Deg. 25' 45" West 659.79 feet along the south line of said Northwest 1/4; thence North 00 Deg. 46147" West 50.00 feet to the Point of Beginning, said point being on the north right -of -way line of S.R. 29; thence South 89 Deg. 25' 45" West 348.97 feet along said right -of- way line to a point of curve; thence 2150.68 feet along the arc of a circular curve concave to the Northeasterly, radius 1587.28 feet; chord bearings North 51 Deg. 44' 33" West, chord 1989.90 feet to the intersection of the south right -of- !' way line of Roberts Avenue; thence North 89 Deg. 22' 20" East 1684.64 feet along said right -of -way line; thence South 00 Deg. 461 47" East 634.67 feet; thence North 89 Deg. 241 03" East 210.00 feet; thence south 00 Deg 46' 47" East 614.77 feet to the point of beginning. Containing 39.S7 acres, more or less. Subject to all easements, restrictions and reservations of record. 1.3 PROPERTY OWNERSHIP The subject property is owned by the following individuals: Robert A. Roberts, Nina R. Renfroe, Mildred R. Sherrod, Blye R. Treadway, Louise R. Floyd, and Richard R. Roberts, ! personal representative of the W.D. Roberts Estate; and, John R. Giddens, Mary Giddens, Ellis Giddens, Marilyn Sears, Carl R. Gallagher, John. D. Gallagher, Jesse E. Gallagher, Jr., Norma L. Chodat, and Joseph R. Coker, Personal Representative of the Lois R. Horton Estate. • N� The address of the owners is P.O. Box 675, Immokales, Florida, 33934. -4- f 19V fl50 PAGE 395 -ZZOZ- aged I@PEd 1/28/2014 1 7 .A. I a= -5- 6DOK C50 PAGE 396 Packet Page -1012- 1.4 QZNZRAL DESCR PTTOH OF PROPERTY AREA {j �. The project site is located in the South 1/2 of the Northwest 1/4 of Section 4, Township 47 South, Range 29 East, Collier County, Florida (SR 29 and Roberts Avenue in Immokalse, 5; Florida). The current zoning is RSF -3 and C -4. c- i 1.5 PFLYSICAL DESCRIPTION The property consists of approximately 39.90 acres of land ). located in Immokalee, Florida y The elevation of the property varies from approximately 34 feet NGVD.in the Southwesterly portions to approximately 38 feet NGVD in the Northeasterly portion of the subject y, property. :. Water Management for the proposed project is planned to be a series of retention ponds as shown on the Maste; Utilities and Water Management Plan, included as part of this PUD Document. ,��• According to the USDA Soil Survey of Collier County Florida, issued March 1954, the project site lies entirely within the Blanton Fine Sand (Ba) Soil Classification. The relief of this soil classification is characterized as level to gently undulating; surface runoff is slow to medium; internal drainage is rapid; depth to bedrock is "many feet"; reaction is strongly acid; an, the principal vegetation before clearing was Slash Pine, Bluejack and Live Oaks, and Grasses. l� rA 1.6 PROJECT DFSCRIYTIOH It is the intent of the petitioner to develop this land into �'. 5.9 acres of single family residences, 9.o acres of multi - H- family residences, 18.6 acres of commercial uses, a 4.1 acre historic site, and, 2.3 acres of roadway along with the required water management, recreation and open space, and, related accessory uses and structures. T-: MHORT TIW Eli1.7 This ordinance shall be known and cited as the "R. Roberts ,..,. Estate Planned Unit Development Ordinance ". a= -5- 6DOK C50 PAGE 396 Packet Page -1012- SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE F` 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 K; tracts included in the project, as wall as other project relationships. <Y 2.2 GENERA A. Regulations for development of R. Roberts Estate PUD 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 noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the Fr, time of building .permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the R. Roberts Estate PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived, or excepted by this PUD, the provisions of other land development codes, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to t concurrency review under the provisions of the Adequate Public Facilities ordinance Nc. 90 -24 at the earliest or next to occur of either final SDP approval, final plat approval, or building ' permit issuance applicable to this development. a' -E- scar f'50 PAGE 397 _... -£I0T- DOed IaPed 1/28/2014 17./-. 2.3. DESCRIPTION OF PROJECT PLAN AND MIMED LAND U50 A. The layout of streets and use of land for the various tracts, is illustrated graphically on the map titled "Master Plan "; copy of which is included as part of this petition submittal. B. The location and sizing of utilities; and the Water Management Plan is illustrated graphically on the map titled "Master Utilities and Water Management Plan "; a copy of which is included as part of this petition submittal. C. The existing zoning of the subject property and the immediately surrounding area along with An aerial photograph of the subject property and surrounding area are shown on the map titled "Aerial, zoning Vicinity Map"; a copy of which is included as part of this petition submittal. D. The existing boundary of the subject property, elevations, and location of utilities and trees are shown on the map titled "Boundary, Elevations and Locations of Utilities and Trees "; a copy of which is included as part of this petition submittal. E. The following land use matrix summarizes the proposed use of the R. Roberts Estate PUD: ",. TRACT "A" TRACT "B" ROADWAY TRACT S a`• TRACT "C" .k=, g" Tract "D" TRACT "E" TYPE UNITS /S0. FT _ACREAGE Single Family 24'(4 DU /AC) 5.9 Multi Family 79 (9 DU /AC) 9.0 i.3 Commercial 13 978.5 SQ, FT./ 9.8 Commercial Historic Sita -7- ACRE 13,978.5 SQ• FT./ 8.8 ACRE S._ UV FN FA 398 Packet Page -1014- r F. Areas illustrated as lakes on the "Master Utilities r Water Management Plan" shall be constructed as lakes upon approval, parts thereof may be constructed "•- shallow, depressions for water detention purposes, 5.._ b' areas, lakes and dry areas shall be in the same general ` ' configuration and contain the same general acreage as shown on the "Master Utilities and Water Management Plan ". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of Division 2.7 of the Collier County Land Development Code, Division 3.5, or as otherwise permitted by this PUD Document. G. In addition to the various areas and specific items shown in the "Master Utilities and Water Management xE Plan ", such easements as necessary (utility, private, semi - public, etc.) shall be established within or along the various tracts as may be necessary. 2.4. DESCRIPTION OF PROJECT DZUSITY OR INTENBITY OF LAND UON A. A maximum of 103 residential dwelling units, single family and multi- family, exclusive of any caretakers residences which may be provided in conjunction with t'k commercial development, may be constructed on the total project area. The gross (residential) project area is 14.9 acres. The j: gross project density, therefore, may be a maximum of 6.9 units per acre. T.S. RELATED PROJECT PLAN APPROVAL REOQIREMENTS A. Prior to the recording of a Record Plat, and/or ` Condominium Plat for all or part of the PUP, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agencies to insure compliance with the PUD Master Plan, the County Subdivision Regulations and the platting .laws of the State of Florida. D. The "Master Plan ", a copy of which is included as part of this petition submittal, constitutes the required PUD Kos; Development Plan. Subsequent to or concurrent with PUD kM approval, a 'Preliminary Subdivision Plat shall be Y. submitted for the entire area covered by the PUD Master -e - euoK t?5f}PA;E3�7�7 -SZOZ- aged I@Ped 1/28/2014 17.A. ..E ■m ■ Plan. Any division of property and the development of the land shall be in compliance with the subdivision Regulations, and the platting laws of the State of Florida. C. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. D. The development of any tract or parcel approved for residential development contemplating fee aimple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements established by Division 3.2 of the Collier County Land Development Code, or any subsequent amendment relating thereto prior to the submittal of construction plans and plat for any portion of the tract or parcel. E. Appropriate instruments will be provided at the time of c: infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. A. Model homes and sales facilities shall be subject to the provisions of Section 2.6.33, Temporary Use Permits, of the Collier County Land Development Code, M I--•. 2.7. AMENDMENTS TO PIID DOCUMENT OR PIID MASTER PLAN amendments may be made to the PIID as provided in Section 2.7.2 of the Collier County Land Development Code. 2.8 PROVISION FOR OFF -SITE REMOVAL Or EARTHEN MATERIAL .�J A. The excavation of earthen material and it stock piling -' in preparation of water management facilities or to r. otherwise develop water bodies is hereby permitted. If after consideration of fill activities on those buildable portions of the project site are such that therc is a surplus of earthen material then its off -site disposal is also hereby permitted subject to the �h5 following conditions: MM 600( P ,5`j PAL[ 400 Packet Page -1016- M I W ,t�? 1: •d•LI tILOZ /8Z4 a. Fill material from the lake is planned to be utilized within the project. However, excess fill material, up to 10% of the total or a maximum of 20,000 cubic yards may be removed and utilized off -site subject to the requirements of ordinance No, 91 -102, Division 3.5, including but not limited to traffic impact fees, etc. Removal of material in excess of 10% of total or maximum of 20,000 cubic yards must meet the requirements of a commercial excavation per ordinance No. 91 -102, Division 3.5. b. All other provisions of ordinance No. 91 -102, Division 3.5, are applicable. -10- Y ` DOOK �7t1P,tG[�Q� -/-TOT- aged 1a10ed 1/28/2014 17.A. F SECTION•III LOW DENSITY RESIDENTIAL AREAS PLAN a:p 3.1. PURPOSE s; It is the purpose of this section to identify specific u development standards for "areas designated as Low Density (Single Family Residential) in Tract' "A" of the "Master Plan ". 3.2. MAXIM DWELLING HITS ,tea. For the purpose of this section, low density residential is defined as four (4) or less dwelling units per acre on the tract allocated to this purpose. The maximum number of low density dwelling units allowed within the PUD shall be as follows: Tract "A" 24 dwelling units on 5.9 acres of land. 3.3. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other E4, than the following: A. Permitted Principal Uses and Structures, 1. Single family detached dwellings. 2. Public parks, public playgrounds, public play fields, and commonly owned open space. B. Permitted Accessory Uses and Structurese 1. Customary accessory uses and structures, including private garages. 2. Recreational uses and facilities such as swimming pools, tennis courts, children's playground areas, etc. Such uses shall be visually and functionally compatible with the adjacent residences which have the use of such facilities. C. permitted conditional Uses and Structures: 1. Recreational facilities not accessory to principal use. rt? -11- fr`.^ Iry -' la r Packet Page -1018- I -6TOT- aged IaPed bout P-150 pArs 403* V'L� tliwzn 2. Churches. I. 3. Public, private, parochial schools. 4. Owner-occupied child care centers (subject to Section 2o6.22), 5. Group Care Facility (category I) (subject to Section 2.6.26). 6. Cluster housing (subject to Section 2.6.27). 7. Hospitals. 3.4. DEMOPMM STANDARDS A. GENERAL, All yards, met-backs, etc. shall be in relation to the individual lot boundaries. Furthermore, except as otherwise provided for within this section, all lots shall conform to the RSY-4 zoning district. B. MINIMUM LOT AREA* 7,500 square feet. C. MTHIMUM LOT WIDTH., (1) Corner Lots - 95 feet .(2) Interior Lots- 80 feet D. MINIMUM YARDS: (1) Front Yard 25 fact (2) Side Yard 7 1/2 feet (3) Rear Yard 25 feet E. MINIMUM FLOOR AREA: (1) One (1) story - 1,000 square fact, two (2) story 1,200 square feet. F. OFF-•TRE= PARKING AND LOADING REQUIREMENTS As required by Division 2.3 of the Land Development Code. G. MAXIMUM HEIGHT: (1) Principal structure - 30 feet. K (2) Accessory Structure - 20 feet. -12- I -6TOT- aged IaPed bout P-150 pArs 403* 1/28/2014 17.x. f' O WTION IV r' MEDIUM DENSITY RESIDENTIAL AREAS PLAN 4.1 PURP08E The purpose of this Section is to identify specific development standards for the areas designated as Medium Density (Multi - Family Residential) in Tract "B" of the "Master Plan ". 4,2 MAXIMUM DWELLING UNITS Generally intended for projects where the net density is less u• than nine (9) dwelling units per acre the maximum number of dwelling units allowed within the PUD shall be as follows: y Tract "B ": 79 dwelling units on 9.0 acres of land. 4.3 IjSES PERMITTED NNo building or structure, or part thereof, shall be erected, or used, ar lend used, in whole or in part, for other than the following: �.;•. A. Permitted Principal Uses and Structures: 1. Multi - family dwelling units -ti 2. Two family dwelling units. ±(��^' 3. Single family attached and detached dwellings. B. Permitted Accessory Uses and Structures: J 1. Customary accessory uses and structures, n.- �u,.i.,g gl, private garages. 2. Recreational uses and facilities such as swimming pools, tennis courts, children's playground areas, etc. Such uses shall be visually and functionally ' compatible with the adjacent residences which have ;..' the use of such facilities. �.f C. Permitted Conditional Uses and Structures: 1. Cluster housing (subject to Section 2.6.27 of the Collier County Land Development Code). '4.r.• -13- DDDK C50 PA�� 404 Packet Page -1020- 'V'L L tL�Z /L r., r • 10V 1 ,50 rk 05 -ZZ01- aSed IaVed 2. Public, private, and parochial schools. A. 3. Civic and cultural facilities. to be in relation to respective tract boundary lines or 4. Owner- occupied child care centers (subject to B. Section 2.6.22). *j• C. MINIMUM LOT WIDTH: 150 feet. t'P... D. MINIMUM YARDS; 5. Recreational facilities not accessory to principal use. 6. Group Care Facility (Category I) (subject to (2) Side Yard - 7 1j2 feet plus one foot for each two Section 2.6.26). feet of building height over thirty (30) feet. 7. Multi- family dwellings up to 4, 5, and 6 stories. !fi of building height over thirty (30) feet. E. DT STANCE BETWEEN BUILDINGS: B. Churches. Fifteen (15) feet plus one foot for each two feet of 9. Child care centers. F. 10. Hospitals. 10V 1 ,50 rk 05 -ZZ01- aSed IaVed 4.4 DEVELOPMENT STANDARDS A. GENERAL: All criteria listed below shall be understood to be in relation to respective tract boundary lines or between buildings. B. MINIMUM LOT AREA: One (1) acre. *j• C. MINIMUM LOT WIDTH: 150 feet. t'P... D. MINIMUM YARDS; (1) Front Yard - 25 feet plus one loot for each two feet of building height over thirty (30) feet. (2) Side Yard - 7 1j2 feet plus one foot for each two feet of building height over thirty (30) feet. (3) Rear Yard - 25 feet plus one foot for each two feet of building height over thirty (30) feet. E. DT STANCE BETWEEN BUILDINGS: Fifteen (15) feet plus one foot for each two feet of building height over thirty (30) feet. F. MINIMUM FLOOR AREA: 750 square feet. -14- �r 10V 1 ,50 rk 05 -ZZ01- aSed IaVed 1/28/2014 171- G, IMXIMCM HEIGHT: (1) Principal Structures ]o feet, (2) Accessory Structure: 20 feet. L (I) As otherwise approved by the County for conditional �., use multi - family structures over three (3) stories as permitted by Section 4.3.C.7 preceding. H. v r TRPET pARKTNG AND I&ADTNG REQUIREMENTS; !; As required by Division 2.3 of the Land Development Code. '. ii 4.3 REBIDEhaIAL B OR REBIDENTIAL AREAS General Auolica ion For Setbacks Generally whenever the word setback is used relative to a �. measurement between the buildings and a lot line and /or perimeter boundary of a parcel of land upon which buildings are to be constructed it shall have the following application. 4i' A. FRONT YARD rt, ' Front yard setbacks shall be measured as follows: 1) If the parcel is served by a public or private right -of -way, setback is measured from the adjacent right -of -way line. 2) If the parcel is served by a non- platted private drive, setback is measured from the back of curb or edge of pavement. is by platted r "s) Ii the parcel served I a p_ -.,___ private drive; setback is measured from the road easement or property line. 4) Generally, principal buildings shall be setback a distance sufficient to provide for two back to back d:.. parking spaces, one of which may be in an enclosed space, 5) When principal buildings front upon a common parking area, which in turn fronts upon a public or h•t private right -of -way or non - platted drive a minimum -15- eao� x:50 PAa 406 Packet Page -1022- s� D. kAl distance of ten (10) feet shall separate the principal building and any related parking facility, and a green belt of ten (20) feet shall separate said right -o£ -way, or other non - platted private drive from the common parking area. This shall not prohibit the attached relationship of enclosed parking structures to the principal residential structure. B. Interior Yards (Not Adjacent any Right -of -Way or Other Private Drive or Adjacent Open Space Area) The separation of principal structures from an interior lot /parcel /tract boundary shall not be less than 7.5 feet for side yard setbacks and not less than 25 feet for rear yard setbacks. C. Accessory Buildings and Use Arem Relationships The development standards for accessory buildings shall be as set forth in this PUD Document. However, whenever provisions have not been provided in this document, the regulations of the Collier County Land Development Code shall govern. Definitions and Interpretation of Word /Phrases 1) Site Depth Averaged Determined by dividing the site area by the site width. 2) Site Width: As defined by Article 2 of the Collier County Land Development Code. May be reduced on cul -de -sacs lots. 7) SBH (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Setbacks are measured from lot lines tract boundaries or public or private streets. Open space area means development adjacent tc lakes, preserves, conservation area, park, or golf course. 4) Sinale Family Attached /Tovmhouse /Row House_ A group of three (3) or more dwelling units attached to each other by a common wall or roof wherein each unit has direct exterior access and no unit is I -£ZOZ- aged japed -16- IM r50 PAGE 4O f ...... Unfit M 1/28/2014 17.A. �;. r„ located above another, and each unit is completely separated from any other(s) by a rated fire wall or a fire and sound resistant enclosed separation or space, and wherein each dwelling unit is on a separate lot under separate ownership. e: 5) villas: Is a multiple family structure which includes a structure containing three or more dwelling units both vertically and horizontally attached typically with dwelling units over dwelling units having irregular shaped exterior `I Ike walls and generally not exceeding a height of two habitable floors. J5 6) ) Multiple Family: Means a housing structure containing three or more dwelling units other than that which fulfills the definition of single family attached, townhouse, row house, and villas. Generally includes a structure of two or more r+ stories with dwelling units above dwelling units each of which may be accessed direct from the outside or from a common interior location. 7) pyplex: A single, freestanding, conventional building intended, designed, used and occupied as two (2) dwelling units attached by a common wall or r: r <. root, but wherein each unit is located on a separate lot under separate ownership. 8) Cluster Houain_a: A design technique allowed within residential districts by conditional use. This r, form of development employs a more compact arrangement of dwelling units by allowing for reductions in the standard lot requirements of the applicable zoning district, with the difference w between the reduced 1 ^t sire and the standard lot size requirement being placed common open space. ).. (subject to section 2.6.27 of the Collier county Land Development Code.) -17- 500( F.50 PAV 408 Packet Page -1024- -1e- boor c,50 ,As[ 409 - SZOT- a &edIaNz)ed * *MUL.TIPL•E FAMILY STRUCTURES *SINGLE SINGLE TOWNHOUSE/ 'PERMITTED USES FAMILY 2 FAMILY/ FAMILY MULTI- FAMILY/ STANDARDS Minimum Land DETACHED _ DUPLEX ATTA9HED1 ROW HOUSF. ••Area Per Structure 7,500 1 Acre 1 Acre Or Per Dwelling Unit Sq. Ft. 1 Acre SITE WIDTH 80 Ft. Int. �}[IN. AVG. 95 Ft. Cor 150 Ft 150 Ft. 150 Ft. OUT YARD SETBACK (i) Regular 25 Ft. 25 Ft. 25 Ft. 25 Ft. SIDE.YARD SETBACK (i) Regular 7.5 Ft. 7.5 Ft. 7.5 Ft. 7.5 Ft. ];EAR YARD SETBACK c.(i) Regular 25 Ft. 25 Ft. 25 Ft. 25 Ft. WAX. BUILDING HEIGHT (i) Above NFL 100 Yr. •' or Grade Parking 30 Ft. 30 Ft. .30 Ft. 30 Ft. (ii) Accessory Structure 20 Ft. 20 Ft. 20 Ft. 20 Ft. IST. BETWEEN cipAL STRUcTLmES 15 Ft. 15 Ft. 15 Ft. 15 Ft. I r; 'FLOOR AREA 1,000 SF 750 SF 750 SF H1M`UM /D1V,`E L.NG UNIT 1 Story 750 Sq. Ft. 1,200 SF 2 Story *Refer to Section III, Low Density Residential Areas Plan. ;:. * *Refer to Section IV, Medium Density Residential Areas Plan. -1e- boor c,50 ,As[ 409 - SZOT- a &edIaNz)ed 1/28/2014 17.A. ui 1' Y. . SECTION V ". COMMERCIAL AREAS PLAN ", a.l PUitPO @S The purpose of this Section is to identity the types o2, Commercial Uses and development standards that will be 3 applied to the areas so designated as Tracts "C" and "D" on the "Master Plan ". 5.2 tMLOPMENT EMPHASIS { Except as otherwise provided for within this section, all -4) ( lots shall conform to the General Commercial District (C Code, of the Collier County Land Development c. d ?: The intensity of land use, types of use activities and acreage assigned to this development is intended on the following tracts: TRACT (INTENSITY) SQUARE FEET ACRES "C" 136,989 ^ " 9.8 i' "D" 123,011 " " 8.8 TOTAL 260,000 ia.o 5.3 j1SLS PERMITTED A. No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other that. the following: 1. Antique shops; appliance stores; art studios; art supply shops; automobile parts stores; automobile service stations without repairs (see Section 2.6.28); awning shops. 2. Bakery shops; bait and tackle shops; banks and financial institutions; barber and beauty shops; bath supply stores; bicycle sales and services; billiard halls, blueprint shops; book binders; book stores; business machine services. -19- aooe x:50 Pass 410 Packet Page -1026- I eon CKPAi4li -ZZOT- aged IaPed 's 3. Carpet and floor covering sales which may include storage and installation; churches and other places of worship (see Section 2.6.10); clothing stores; cocktail lounges (see Section 2.6.10); commercial recreation uses indoor; commercial schools; confectionery and candy stores. 4. Delicatessen; department stores; drug stores; dry cleaning shops; dry goods stores and drapery shops.' 5. El actrical supply stores; equipment rentals including lawn mowers and power save, which may include their repair and sale, 6. Fish market - retail only; florist shops; fraternal and social clubs (see Section 2.6.10)7 funeral homes; furniture stores; furrier shops. 7. Garden supply stores - outside display in side and rear yards; gift shops; glass and mirror sales - including storage and installation; gourmet shops. a. Hardware stores; hat cleaning and blocking; health food stores; homes for the aged; hospitals and hospices. 9. Ice cream stores. 10. Jewelry stores. 11. Laundries - self-service only; leather goods; legitimate theatres; liquor stores? locksmiths. 12. Markets - food; markets - meat, medical office and clinics; millinery shops; motion picture theatres: museums; music stores; minor automobile repair work. 13. New car dealerships - outside display permitted; news stores; night clubs (see Section 2.6.10). 24. Office.- general; office supply stores. Is. Paint and wallpaper stores; Pat shops; pet supply stores; pottery stores; printing; publishing and mimeograph service shops; private clubs (sea section 2..6.io) ; professional offices. -20- eon CKPAi4li -ZZOT- aged IaPed .d 1/28/2014 17.A. -21- GOOK Q50 PAGE 412 Packet Page -1028- 16. Radio and television sale- and service; radio and television stations (offices and studios), and auxiliary transmitters and receiving equipment, but !" not principal transmitting tower; research and design labs; rest homes; restaurants - including drive -in or fast food restaurants (see Section 2.6.10) . 17. Shoe repair; shoe stores; shopping centers (see Division 3.3); souvenir stores; stationery stores; supermarkets and sanatoriums; 18. Tailor shops; taxidermists; tile sales - ceramic tile; tobacco shops; toy shops; tropical fish Yy` stores. "1 19. upholstery shops, !, 20. Variety stores; vehicle rental - automobiles only; veterinarian' offices and clinics no outside kenneling. f'''• 21. Watch and precision instrument repair shops. �I 22. Any other commercial use or professional service which is comparable in nature with the foregoing 'N" uses and which the Planning Services Manager determines to be compatible in the district. B. All of the above permitted principal uses of land and buildings may be permitted providing the following �- �?' conditions are found to be present: r 1. All retail or service establishments shall deal . directly with consumers as opposed to wholesale distribution of products or services to non- household establishments. For those retail or service establishments producing goods on the ;.:• premises, they shall be sold at retail. 2. All business, servicing, or processingt except for off- street parking and loading, shell be conducted within a completely enclosed building, except for motorized vehicle equipment sales. C. Permitted accessory uses and structures in Tracts "Cn -; and nD ". 1. Accessory uses and structures customaril!, �.; associated with the uses permitted in this section. -21- GOOK Q50 PAGE 412 Packet Page -1028- ql! -6Z0T- abed la�:)ed -22- MY r5f) PACE 413 2. Caretaker's residence subject to Section 2.6.16. jwM D. Permitted conditional uses and structures in Tracts "C and "D". I. Car wash. Z. Child care center. 3. Commercial recreation outdoor. A. Detached residence in conjunction with a business one per business. 5. Drive-in theatres. 6. Permitted use with less than 1,000 square feet gross floor area in principal structure. 7. used car lots and outdoor boat sales. a. Vehicle rentals - all vehicles except automobiles. 91 Hotels and motels. lo. Retail sales of propane gas. 5.4 DEVELOPMMT STANDARDS APPLICABLE TO TRACTS nC- AND -D" A. Minimum Lot Area: Ten Thousand (10,000) square feet. B. Minimum Lot Width: one Hundred (100) feet. C. Minimum Yard Reauirenents; 1. Front yard - twenty-five (25) feet plus one (1) foot for each one (1) foot of building height over fifty (50) feet. 2. Side yard - fifteen (15) feet, or 1/2 the height of the building, whichever is greater. -6Z0T- abed la�:)ed -22- MY r5f) PACE 413 M Y �.. ri, M.« . . 3. Rear yard - zero (0) feet or five (5) feet. D. Mjximum Height: Fifty (50) feet. E. Minimum Floor Area of Principal Structures: One thousand (1,000) square fast per building on the ground floor. F. maximum Density:_ sixteen (16) units per acre for transient lodging facilities, hotels, and motels with a maximum floor area of 500 square feet per unit. G. Distance Between Principal Structures: Zero (0) feet or fifteen (15) feet with unobstructed passage from front to rear yard. H. Off - street Parking and Londina Reouirements: 1. As required by Division 2.3 of the Land Development Code. M t; = t' it Fr 1/28/2014 17.A. i a -50 ME M TR`' G {�'r S' Packet Page -1030- 4. I� M .d.L� tLWZ4 SECTION VI HISTORIC SITE DEVELOPMENT PLAN 6.1 PURPOSE A. It is the purpose of this section to identify specific development standards for Tract "E" of the "Master Plan ". 6.2 USES PERMITTED No building or structure, or part thereof shall be created, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: The Historic Site (land and buildings) shall be maintained as an Historic Facility depicting the early days of Immokalee as they existed during the early occupancy of the property by the Roberts Family and may include the following uses and structures: 1. Museum, storage and display of historical records, photographs, and artifacts of significant value to Immokalee and Collier County. 2. Library and community meeting room. 3. Any structure depicting the residency of the Roberts Family on -site as well as any other structure or display which commemorates and /or preserves the occurrence of an historical event of significant value to the growth and development of Immokalee and Collier County. 6.3 DEVELOPMENT STANDARDS A. Ggneral: All criteria listed below shall be understood to be in relation to respective tract boundary lines or between buildings. E. Minimum Lot Area: Four (4) acres. C. Minimum Lot Width: As shown on the "Master Plan ". -TEOT- abed M08d -24- boor C50FAA15 1/28/2014 17.A. U D. Minimum Yard Requirements: '7 1. Front Yard 25 feet. 2. Side Yard 7 1/2 feet. 3. Rear Yard Not applicable. E. Minimum Floor Area: 1. None. F. Maximum Heicht: 1. maximum height of any structure: 45 feet. G. Off- Street Parking and Loadina Requirements: 1. As required by Division 2.3 of the Land Development Code. Z:': 6.4 ADMINISTERING AGENCY A. The 4.1 acre Historic Site (land and buildings) shall be dedicated to the Collier county Board of County Commissioners. -25- P70 w! 416 Packet Page -1032- .... Yl � VM/2za SECTION VZI DEVELOPMENT COMMITMENTS 7.1 PURPOSE �r. A. The purpose of this section is to set forth the general development requirements and conditions for development of the project. 7.2. QENEMii A. All facilities shall be constructed in strict accordance with Final Site Development Plans, Final subdivision ''. Plans and all applicable State and local laws, codes, and regulations applicable to this PUD in effect at the time building permits are requested. Except where specifically noted or stated otherwise, the standards and specifications of the official County Zoning and Subdivision Regulations shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be s' responsible for the commitments outlined in this + document. The developer, his successor or assignee shall agree to follow the Master Plan and the regulations of the PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition the developer will agree to convey to any successor or assignee in title any commitments within this agreement. A`? 7.3. PUD MASTER PL" A. The PUD Master Plan, identified as "Master Plan ", illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase as may be executed at the time of final platting ' or site development plan application. subject to the provisions of Section 2.7.2 of the Land Development Code, amendments to the PUD may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation: and maintenance of all service utilities and amt. all common areas in the project. -26- goo( F'.50 PA6[ 417 _ _ -HOT- aged I@Ped 1/28/2014 17.A. n #' 7.4. RCBEDULE OF DEVELOPMENT /MONITORING_ REPORT A. The petitioner intends to begin development of the project as early as possible upon approval of the iy7: petition by the Board of County Commissioners and continue working until all of the site improvements along with the required buildings are completed in accordance with the conditions of the approved PVD Document. ;. It is estimated that completion will be nine (9) years from date of County approval, i.e., the year 2001, 'T assuming that County approval is in 1992. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. 7,5 MAINTENANCE OT COMM? AREAS A. The maintenance of all private streets, recreation areas, common open spaces and any other common areas shall be the responsibility of the developer, his successor or assignee. 7.6 TRANSPORTATION A. The developer shall provide fair share contributions with the minimum share being 303 toward any traffic signals deemed warranted by the County at any of the project's accesses and at the intersections of SR 29 and Roberts Avenue, SR 29 and 11th Street extension, and Roberts Avenue and 11th Street. The fair share value will be based on all design, permitting and construction costs. B. The following minimum requirements concerning roadway access shall be provided to and from the project as well ae within and between tracts: Right turns in, via right turn lanes, and left ;; turns in, via left turn lanes allowed by the Florida Department of Transportation (FDOT) under the 2 -3 laning condition shall be provided for all access points on S.R. 29 to tracts B, C, and D of the project. At such time as the four laning of S.R. 29 occurs, either the FDOT or Collier County shall have the right of median control which includes prohibition of certain turning movements ;. in consideration of roadway capacity. The FDOT and F` "• -27- 60RC fl51) PAGi 41s' Packet Page -1034- Collier County reserve the right of access cant consistent with existing and future FDOT anu Collier County policies effective at the time of the issuance of building permits. Access between Tract D and Roberts Avenue shall be as follows: a. An eastbound right turn lane shall be, provided' at the western most intersection of Tract D and Roberts Avenue. The requirements for a westbound left turn shall be subject to the applicable State and/ or County requirements in place at the time of Preliminary Subdivision Plat approval. b. A westbound left turn lane shall be provided at the eastern most intersection of Tract D and Roberts Avenue. An eastbound right turn lane may be required in consideration of volume and regulatory controls in -place at the time of Preliminary Subdivision Plat approval. Access between Tract A and Roberts Avenue shall include an eastbound right turn lane and a westbound left turn lane should expected volume exceed 250 vehicles per day. Access between the North 11th Street extension and Tracts A, S, and c shall be controlled as follower a. A northbound right turn lane shall be provided at the access to Tract B immediately north of S.R. 29. b. •A northbound left turn lane shall be provided at the access to Tract C immediately north of S.R. 29. C. Additional turn lanes and /or directional controls may be required by Collie: County upon site specific analysis of traffic data. Additionally, the access points for Tract C and Tract B shall be located a minimum of 150 feet north of the S.R. 29 right -of -way line. Also, minimum throat lengths of between 100 feet and 150 feet shall be provided within Tracts B, C, and D as set forth, by AASHTC Standards and County Policy. -28- 60OX (!50?ka 419 :Y _ __ -SEOT- aged I@Ped # Y. 2. 3. 4. Collier County reserve the right of access cant consistent with existing and future FDOT anu Collier County policies effective at the time of the issuance of building permits. Access between Tract D and Roberts Avenue shall be as follows: a. An eastbound right turn lane shall be, provided' at the western most intersection of Tract D and Roberts Avenue. The requirements for a westbound left turn shall be subject to the applicable State and/ or County requirements in place at the time of Preliminary Subdivision Plat approval. b. A westbound left turn lane shall be provided at the eastern most intersection of Tract D and Roberts Avenue. An eastbound right turn lane may be required in consideration of volume and regulatory controls in -place at the time of Preliminary Subdivision Plat approval. Access between Tract A and Roberts Avenue shall include an eastbound right turn lane and a westbound left turn lane should expected volume exceed 250 vehicles per day. Access between the North 11th Street extension and Tracts A, S, and c shall be controlled as follower a. A northbound right turn lane shall be provided at the access to Tract B immediately north of S.R. 29. b. •A northbound left turn lane shall be provided at the access to Tract C immediately north of S.R. 29. C. Additional turn lanes and /or directional controls may be required by Collie: County upon site specific analysis of traffic data. Additionally, the access points for Tract C and Tract B shall be located a minimum of 150 feet north of the S.R. 29 right -of -way line. Also, minimum throat lengths of between 100 feet and 150 feet shall be provided within Tracts B, C, and D as set forth, by AASHTC Standards and County Policy. -28- 60OX (!50?ka 419 :Y _ __ -SEOT- aged I@Ped 1/28/2014 17.A. C. The developer shall provide a fair share contribution for sidewalk /bike paths along all project frontages ., (unless provided by Collier County or the FDOT); the minimum fair share contribution shall be 75t except along Roberts Avenue where the minimum shall be 502. D. Road Impact fees shall be as set forth in ordinance 85 -55, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. E. "Access Improvements and right -of -way donations shall not �.. be subject to impact fee credits and shall be in place before any certificates of occupancy are issued, F. All traffic control devices used shall conform with the manua l on Uniform Traffic Control Devices as required by Chapter 316.0747, Florida Statutes. 7.7 RATER MAIL= ro A. Prior to construction plans approval n Florida Department of Transportation right -of -way permit allowing stormwater discharge in the SR 24 right -of -way shall be provided. B. Bottom of dry retention areas shall be at least one foot (1') above the seasonal high water table. �• C. At the time of construction plans review, petitioner �\ shall provide an analysis of the capacity of the off -site swales within the rights -of -way and it improvements are warranted, petitioner shall make such N improvements accordingly. 7.8 UTILITiEB A. Connection to the existing Immokalee Water and Sewer District water and sewer facilities within Roberts Avenue and West Main Street rights -of -way is required and must be completely illustrated on the final site plans. Supporting engineering construction drawings �. shall be provided showing location, configuration and size. e M4-M boor P5.0 0 mt 4M Packet Page -1036- Unl.. t, �OZ /8Z /L B. Prior to final site plan approval, a letter frog I Immokalee Water and Sewer District stating that _.a District has reviewed and approved the water and sower facilities construction documents for service to the project shall be submitted. �• C. At the time of building permit submission, the applicant shall provide a letter verifying compliance with County, Ordinance No. 80 -112 regarding the availability and adequacy of sewer service for the project. D. This project shall be designed for central water and sewer systems. No individual septic tanks or potable water supply wells shall be permitted. 7.9 ENGINEZMIN A. The Developer, successors, and assigns are required to satisfy the requirements of all County ordinances or Q'. codes in effect prior to or concurrent with any subsequent development order relating to this site. This includes, but is not limited to, Preliminary subdivision Plats, Site Development Plans and any other application that will result in the issuance of a final development order or final local development order. yyc B. Prior to building permit issuance, a Florida Department of Transportation right -of -way permit shall be submitted. ' +. C. All requirements of the Collier County Subdivision Code j., must be met since no exceptions were requested. D< The project shall be platted in accordance with the Collier County Subdivision Code to define the tracts and right -of -way as shown on the master plan. s' E. Construction plans for that portion of North 11th Street between Roberts Avenue and SR 29 shall be submitted at the time of Phase I submission to the Collier County Transportation Department for review and approval. 7.10 EVVIjtONmrNTA' • A. Petitioner shall be subject to the environmental + ordinances, and the Land Development Code, in effect at the time of final site development plan or construction plans approval. -LEOZ- aged I@Pcd -30- 50V PWA 421 tee: .t� 1/28/2014 17.A. 7.11 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a construction site office and model units. A. All signs shall be in accordance with Division 2.5 of the Collier County Land Development Code. 7.13 LANDSCAPING FOR OF *- STREET PARKING AREAS A. All landscaping for off- street parking areas shall be in accordance with Division 2.4 of the Collier county Land Development Code. .7.14 ' A. Polling places shall be provided in accordance with Section 2.6.30 of the Collier County Land Development Code, 7.15 SPECIAL CONDITIONS A. Upon approval of this petition by the Board of County Commissioners, the petitioner agrees to convey title of Tract "E" (4.1 acre historic site (land and buildings)) to Collier County, Florida, at no cost to the County, immediately following the approval of this petition by the Board of County Commissioners. This action shall be part of the plat dedication. B. Upon approval of this petition by the Board of County Commissioners, the petitioner agrees to convey title of the right -of -way for the extension of N. 11th Street southward from, its present terminus at Roberts Avenue through the project as shown on the "Master Plan ", a copy of which is included as a part of this petition submittal, at no cost to the County, immediately following the approval of this petition by the Board of County Commissioners. This action shall be part of the plat dedication. C. within one year of the date of the County's acceptance of the conveyance of the title for the right -of -way for the extension of N, 11th Street southward from its present terminus at Roberts Avenue through the project as shown on the "Master Plan ", a copy of which is included as a part of this petition submittal, Collier -31- 000 0,50 PaAZ2 Packet Page -1038- r- vl L tL OZ /SZ/ L County, Florida agrees to include the des: permitting, and construction of said extension of 11th Street in its next capital budget cycle (within cne five (5) year Capital Improvement Element (CIE)). Such inculusion in the CIE of the budget shall obligate the county to pay for and construct said extension of N. 11th Street southward from its present terminus at Roberts Avenue through the project as shown on the "Master Plan ", a copy of which is included as a part of this petition submittal. All utility lines to be placed in the road right -of -way and appurtenances to benefit the development shall be at the expense of others. The petitioner agrees to pay one -half (112) of the cost of any signalization required to maintain the safe movement of traffic on and off of the N. 11th Street extension within the project boundaries. In the event the petitioner desires to design, permit, and /or construct the said improvements in advance of the County schedule •as laid out in the CIE, the County agrees to reimburse the petitioner in accordance with the County's scheduled plan. n; E. The petitioner shall provide a Certificate of Adequate Public Facilities at the time of application for any Final Development Order. F. The petitioner shall provide sidewalks along the project's frontages in accordance with the standards listed in the Collier County subdivision Code. 7.16 OPEN SPACE i. Open space shall be provided in accordance with Section 2.6,32 of the Collier County Land Development Cods, ROBERTS ESTATE PUD /md - 6£0T- a2edlaPed -32- 300r 0.50 PAG, 423 D. The petitioner agrees to donate to the County, at no cost to the County, any of the existing Roberts Homestead structures located outside of Tract. "E ", which the County wishes to move to Tract "E" and preserve as a part of the historic site; and, further agrees to provide access on the Roberts property to the County for the purpose of moving said structures to Tract "E". The petitioner further agrees to assist in the moving of r" said structures (including providing, tabor and equipment), however, the County shall be solely and +�} totally responsible for all costs resulting from any necessary site improvements or the restoration of said wr`•c structures, n; E. The petitioner shall provide a Certificate of Adequate Public Facilities at the time of application for any Final Development Order. F. The petitioner shall provide sidewalks along the project's frontages in accordance with the standards listed in the Collier County subdivision Code. 7.16 OPEN SPACE i. Open space shall be provided in accordance with Section 2.6,32 of the Collier County Land Development Cods, ROBERTS ESTATE PUD /md - 6£0T- a2edlaPed -32- 300r 0.50 PAG, 423 1/28/2014 17.A. �Z�3�raU�U aao9 _� �. -' '•' _ � .�:a 91V1fi3 61tl3fiOtl 'tl NV-1d 8BIS` N :' Hd�°I; M vrrl alvlca aluaaon ro q � , . fill f�li jitl r u +n .,wr • � � �'4� t c 1 r 1 - - - - - - - - - - --- -- - - -- fits L 1 1 11 �l4l {!r l im . 11 1,111 � ill 1-`z� r l IIII 1',j O If 1 11 1 l' -1.__ - -�� � -_•• �'�CJ Lam_ -�� - �_���`` f�l � � �i ' 11M11r = ==sss_ .. I I i twwtA �- 1 MIRE. I ail CY; , 1 1 1 v. . • r.- .1+ Packet Page -1040- rt: fir_.:.• " ".STATE OF FLORIDA j �'COMM'OF COLLIER L-:. 1 I, JAMES C. OILES, Clerk of Courts in and for the :iTwentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 92 -7 ,.,, which Was adopted by the Board of County Commissioners on E; the 21st day of Januarv. i99T_ A -4 -- _ WITNESS my hand and the official Beal Of the Board of County Commissioners of Collier County, Florida, this 28th day of January, 1992, _ZtiOZ- aged li)Pe`d JAMES Ce OILER Clerk of Courts and Clerk•r(1lUE Ex- officio to Board of County Commissioners V • Y: /s /Maureen Kenyon =� Deputy Clerk ��• boor fl50 PACE 425 I �P ORDINANCE NO. 92- 7 AN ORDINANCE AMENDING ORDINANCE NUMBER ,y. 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE �•. � COMPREHENSIVE ZONING REGULATIONS FOR THE a 4 01 UNINCORPORATED AREA OF COLLIER COUNTY, n FLORIDA BY AMENDING THE OFFICIAL ZONING m o 9a ��ti ATLAS MAP NUMBER 7904N; BY CHANGING THE p V.. R 1:. �Ee ZONING CLASSIFICATIONS OF THE HEREIN -< W DESCRIBED REAL PROPERTY FROM RSF -3 AND T C -4 TO "PUD" PLANNED UNIT DEVELOPMENT o N 3 KNOWN AS THE R. ROBERTS ESTATE PLANNED n .c UNIT DEVELOPMENT FOR SINGLE-FAMILY co RESIDENCES, MULTI- FAMILY RESIDENCES, ^' COMMERCIAL USES AND A HISTORIC SITE FOR PROPERTY LOCATED ON THE SOUTH SIDE OF ROBERTS AVENUE AND NORTH AND LkST OF SR -29, IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST (IMMOKALEE), COLLIER COUNTY, FLORIDA, CONSISTING OF 39.90± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dallas Townsend, representing Robert A. Roberts, on behalf of the Robert Roberts Estate, petitioned the Board of County Commissioners to change the zoning classifications of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: �C�'ION ONE: The Zoning Classifications of the herein described real property located in Section 4, Township 47 South, Range 29 East (Immokalee), Collier County, Florida, are changed from RSF -3 and C -4 to "PUD" Planned Unit Development in accordance with the R. Roberts Estate PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 7904N, as described it Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. aZCTION TWO. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. boor 050PAG:18$ -1- Packet Page -1042- 1/28/2014 17.A. r M X PASSED AND DULY ADOPTED by the Board of County Commissioners Of Collier County, Florida, this 21st I day of lmla= 1992. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTtST:. kt* BY -*JAMES •.• OILES, CLERK MICHAEL J(rE CHAIRMAN iivibviFORM AND LEGAL SUFFICIENCY D AS '- , A MARJ09IZ K. STUDENT ASSISTANT COUNTY ATTORNEY -EVOT- OEd Door P-50PAGS.389 —2— 11115 ordinance "I-i With the S:trr­nry of qt7-,t "S Office tho PUD-91-8 ORDINANCE dw I and ackno edgemmt of that nb/6148 fib, this. jh..jj.Gy -EVOT- OEd Door P-50PAGS.389 —2— rmm M LON / WI N N M < N Co �� r N (z W 0 U 7 O Q O 2 O H N LLI Q m N W N P n < m N J ez '•s a rmm M LON / ?014 17.A. n Q CD Z Z O N N O N J a a Q z of Q U O J N N M < N Co �� r N (z W 0 U 7 O Q O 2 O H N LLI Q m N W N P n < m N J ez '•s a m n U y a N Lo N M N 0] � U M N N � W Y J Q ~ N PacketPage -1044- ?014 17.A. n Q CD Z Z O N N O N J a a Q z of Q U O J 0 W W W 2Z c m q �• q O �C I O m I I I I I I I I 0 I I v III III i a y II III I Fit _- _--- -_ —__- FF II � I II v � / I IIII / I I j11 / I � ii * it it it m '� W U 3 Packet Page -1045- 1/28/2014 17.A a I I I I I �d a a N a a Ww a rT FF\ --11 M� M Z. 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''6. v N U z Q A M z M 0 U J 0 O V N J N Ya m 0 m Ln U Pt" xZ c AIM 'd 11, � v Or o d o N N N W W NW, O O T N N OI 01 m m 2 z m H U Q 0: 0 6 w U W Co 1 aa� O N dam d 1 O 00 O Ti p� m C'2 N W 1/28/2014 17.A. ^ Summary of Neighborhood Information Meeting for R. Roberts Estate PUDA (For Boys and Girls Club of Collier County) Petition: PUDA- PL20130000052 Date: Wednesday September, 2013 Time: Commenced at 5:30 PM. Concluded at 6:25 PM Location: Immokalee Community Park, 321 N 1st St, Immokalee, FL Attendance: The meeting was conducted by Bob Mulhere, FAICP, of Hole Montes, on Behalf of the applicant Boys and Girls Club of Collier County. Blair Foley, Project Civil Engineer was also in attendance. Nancy Gundlach, AICP, RLA, was in attendance from Collier County staff. Summary: Prior to officially starting the meeting at (5:35pm), one member of the public, Mr. Alex Miralles, stopped by and spoke with Mr. Mulhere regarding the project. Once his questions were answered he indicated he was supportive of the project ad left. Mr. Mulhere started the NIM at 5:35 pm. No members of the public were in attendance, although Kathy and Deryl Patterson who are affiliated with the Boys and Girls Club were in attendance. Mr. Mulhere listed the major proposed elements of the PUD amendment, including: Adding 3.0 acres to the PUD (specifically to Tract A, increasing the size of Tract A from +/ -5.9 acres to +/- 8.9 acres); Revising Section III, Tract A to eliminate the currently allowed residential use and amend the Permitted Principal and Accessory Uses to allow for up to 50,000 square feet of institutional uses (typical uses found at Boys and Girls Clubs), including: child care, pre - school and after - school programs and facilities; private schools; civic, social and fraternal organizations. Of the maximum allowed 50,000 square feet permitted on Tract A, up to 20,000 may be professional office. Updating the PUD legal description, nomenclature, code references, and elimination of no longer applicable provisions. No members of the public were in attendance. Prepared by Robert J. Mulhere, FAICP on September 30, 2013 Packet Page -1047- 1/28/2014 17.A. i & ASSOCIATES, LLC PO Box 1367 Marco Island, Florida 34146 rjmul}iere p,yiTiaiLccm �� 239.825.9373 phone September 10, 2013 Dear Property Owner: Re: R. Roberts Estate PUD PUDA- PL20130000052, Planned Unit Development Amendment Please be advised that Robert J. Mulhere, FAICP, and Richard Yovanovich, of Coleman Yovanovich and Koester, on behalf of The Boys and Girls Club of Collier County (property owner), have made formal application to Collier County to amend the R. Roberts Estate PUD.. The property is located adjacent to and south of Roberts Avenue, adjacent to and east of SR 29, and is intersected by 11t1i Street, in Section 4, Township 47 South, Range 26 East, Collier County, Florida. The PUD Amendment is requested to: • Add 3.0 acres to the PUD (specifically to Tract A, increasing the size of Tract A from +/- 5.9 acres to +/- 8.9 acres); • Revise Section III, Tract A to eliminate the currently allowed residential use and amend the Permitted Principal and Accessory Uses to allow for up to 50,000 square feet of institutional uses (typical uses found at Boys and Girls Clubs), including: child care, pre - school and after - school programs and facilities; private schools; civic, social and fraternal organizations. Of the maximum allowed 50,000 square feet permitted on Tract A, up to 20,000 may be professional office. • Update the PUD legal description, nomenclature, code references, and elimination of no longer applicable provisions, In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to ask questions. The Neighborhood Information Meeting will be held on September 25 2013 at 5:15 p.m. at the Immokalee Community Park located at 321 N 1st St, Immokalee, FL 34142. Should you have questions prior to the meeting, please feel free to contact me. Sincerely, ;Zadmr P, Md&mc (Signed electronically to expedite delivery.) Robert J. Where, FAICP community planning entitlement & land development services lobbying; marketing business development business strategies, public policy Packet Page -1048- 1/28/2014 17.A. BOYS AND GIRLS CLUB OF COLLIER COUNTY NEIGHBORHOOD INFORMATIONMEETING SEPTEMBER 25, 2013 NAME ADDRESS TEL. NO. RA f G ��r zQ- LVA qk 3 ; /5 LA I� U—'— � 2� ACA e+M.C',q �j S q-3'-( Z-63 jL Packet Page -1049- MeA 7,-�- NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit ®f Publica State of Florida Coiulties of Collier and Lee Before the undersigned they serve m appeared Robin Calabrese, who on c Advertising Director of the Naples D newspaper published at Naples, in distributed in Collier and Lee counti attached copy of the advertising, bei PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 on September 19, 2013. 1/28/2014 17.A. NEIGHBORHOOD INFORMATION MEETIN G The public is invited to attend a neighborhood meeting held by Robert J. Mulhere, FAICP on behalf of the property owner -at the following time and location: September 25, 2013 at 5:15 p.m. Immokalee community Park - MeetingLRoom 321 N 1st Street.- Immokalee, FC 34142 Pro Currently zoned PUD. The property is located adjacent to and south ubiect of Robets Avenue, adjacent to and east of SR 29, and intersected by 11th Street, in Section 4, Township 47 South; Range 26 East, Collier County, Florida. The Boys and Girls Club of Collier County, (property owner), has made formal application to Collier County to amend the R. Roberts Estate caIID t Tract A, A, Amendment eas increasing the requesting to: (1) add 3.0 acres to the 8.9 cr revise Section 111, Tract A to size of Tract A from +/ -5.9 acres to +/- 8.9, acres); (2), eliminate the currently allowed residential use and amend the Permitted Principal ad Accessory Uses to allow Jor up to 50,000 square feet of institutional uses (typical uses found at Boys tie G' tu including pre-school and aft&-school programs and faclhtl s; p raeschools;civisoial and frate nal organizations. Of the maximum allowed 50,000 date theePUDrlegall description, nom na ature,,code professional office; and (3) P applicable provisions. references, and elimination of no Ionger app Neighborhood In compliance with the Land Development Code requoi�m tntto ask quest_ Information Meeting will be held to provide you an opportunity 4 , C F I 1 . Affiant further says that the said Na published at Naples, in said Collier C newspaper has heretofore been contin County, Florida; distributed in Collier each day and has been entered as seco office in Naples, in said Collier Co-ant. year next preceding the first publicatil advertisement; and affiant further says promised any person, firm or corporati commission or refund for the purpose publication i_, vlit� newspaper. (Signature of affiant) t to and subs9hbeV before me 24" day o f to ter, 2013 (Signature of notary public) „1 „I 1 � , 4'”, � 4 WE VALUE YOUR INPUT I z Business and property owners, residents and .visitors are welcome to attend the presentation and discuss the project with the owner C000mmounty staff. f ca You, are unable to attend this meeting, but have questions be directed by mall, phone, or e-mail to: Nancy Gundlach, AICP, RLA, Principal Planner, Growth Management Division - Planning & Regulation Planning & Zoning Department 2800 N. Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252 -2484 nancygund lach @colliergov.net Se to her i 3 No. 231. 2 55 OAROLFUIOORA ,- MY 0(%IMISSION # EE 851758 * CxP1RF8:Novemlwr28,2014 ff 4f Cif; Boned Thor pictow Insummw Aoancy , Packet Page -1050- Easy Peel® Labels i AL Bend along line to i CA 1 /28/2014 17.A. Use Avery® Template 51600 i Feed Paper �� expose Pop-Up Edge= ADVANCE AUTO PARTS INC #9274 ATTN; TAX ACCOUNTING /'QO BOX 2710 _)ANOKE, VA 24001- -2710 ALMON, SUSAN MAYM JUMP PO BOX 215 SORRENTO, FL 32776 - -0215 BIG CYPRESS HOUSING CORP PO BOX 343529 FLORIDA CITY, FL 33034- -0529 BLOCKER JR, KENNETH J DEAN M BLOCKER 1303 NEW MARKET RD W IMMOKALEE, FL 34142 -- -2253 BOONE, WILLIAM S =& PATRICIA S PO BOX 5128 IMMOKALEE, FL 34143 -5128 BROWN, TERRY KATHLEEN M PRESLEY CLAUDIA M KENNEDY i 11 NEW MARKET RD W IMMOKALEE, FL 34142- -3510 CHARLES, BOLOMIN =& RAYMONDE 107 WHITE WAY IMMOKALEE, FL 34142- -3639 COLLIER CNTY C/O REAL PROPERTY MANAGEMENT 3335 TAMIAMI TR E, STE 101 NAPLES, FL 34112 - -0000 DUPREE SR, GEORGE MARION 1513 ROBERTS AVE W IMMOKALEE, FL 34142- -3650 GARZA JR, ISMEAL =& OLGA "RI ROBERTS AVE W JIOKALEE, FL 34142 -3601 ALMON, SUSAN MAYM JUMP MARY JOSEPHINE PARKER PO BOX 215 SORRENTO. FL 32776 -0215 AYALA, NORA 207 WASHINGTON AVE IMMOKALEE, FL 34142 - -3133 BLOCKER & LEWIS ENTER INC PO BOX 970 IMMOKALEE, FL 34143 -0970 BLOCKER JR, KENNETH J DEAN M BLOCKER 1303 NEW MARKET RD W IMMOKALEE, FL 34142 -- -2253 BOYS & GIRLS CLUB OF COLLIER COUNTY FLORIDA INC PO BOX 8896 NAPLES, FL 34101- -8896 BUDDYS NEWCO LLC 6608 E ADAMO DR TAMPA, FL 33619- -3416 COLLIER CNTY C/O REAL PROPERTY MANAGEMENT 3335 TAMIAMI TR E, STE 101 NAPLES, FL 34112- -0000 COOK, GLEN E PO BOX 171 FELDA, FL 33930- -0171 DUPREE, EMMA LEE 1513 ROBERTS AVE W IMMOKALEE, FL 34142 -- -3650 GLENDALE BIBLE BAPTIST CHURCHINC 1205 W MAIN ST IMMOKALEE, FL 34142 -- -3641 ALMON, SUSAN MAYM JUMP PO BOX 215 SORRENTO, FL 32776 -0215 AYALA- CAVAZOS,ANA 15650 S MALLARD LN FORT MYERS, FL 33913 - -8215 BLOCKER & LEWIS ENTER INC 301 N 15TH ST PO BOX 970 IMMOKALEE, FL 34143- -0970 BLOCKER'S FURNITURE LLC 1303 NEW MARKET RD W IMMOKALEE, FL 34142 -2253 BOYS & GIRLS CLUB OF COLLIER COUNTY FLORIDA INC PO BOX 8896 NAPLES, FL 34101 - -8696 CERVANTES, JACINTO ROSALINDA F CERVANTES 1204 ROBERTS AVE W IMMOKALEE, FL 34142 -- -3608 COLLIER CNTY BOARD OF COUNTY COMMISSIONERS 3301 TAMIAMI TRL E NAPLES, FL 34112 --4961 CRUZ, JUAN PO BOX 2087 IMMOKALEE, FL 34143 - -2087 FIRST UNITED METHODIST CHURCH OF IMMOKALEE 303 N 9TH ST IMMOKALEE, FL 34142- -3103 GLIDDEN, RUTH M PO BOX 547 IMMOKALEE, FL 34143 -0547 f`tiquettes faciles h peter 11 Sens de Packet Page - 1051- ire afln de = www.averycom Utilisez le gabarit AVERY'S 51600 11 MOW le mbord Pop -UpTM � 1- 800 -GO -AVERY 1 Easy Pee[® Labels Use Avery® Template 51600 GOMEZ, ARMANDO =& MARIA 307 N 11TH ST IMMOKALEE, FL 34142 -3426 GOODWILL INDUST OF SW FL C NMTC RESOURCES II LLC 4940 BAYLINE DR FORT MYERS, FL 33917 -- -3905 its Bend along line to jFeed Paper ® expose Pop-Up Edge*'" j GOMEZ, ARMONDO =& MARIA AUDELIA GOMEZ 307 N 11TH ST IMMOKALEE, FL 34142 -3426 GUADALUPE CENTER INC 211 S 9TH ST IMMOKALEE, FL 34142- -3954 C 1/28/2014 17.4 GONZALEZ, RUBEN PAULA GONZALEZ 600 N 18TH ST IMMOKALEE, FL 34142 -- -2711 GUNTER,MARGERY 103 WHITE WAY IMMOKALEE, FL 34142 - -3639 HERNANDEZ, ADAM =& MARIA DEL R HOSELL - ROBERTS LLC HOWELL - ROBERTS LLC 125 BROWN WAY PO BOX 5158 PO BOX 5158 IMMOKALEE, FL 34142- -3628 IMMOKALEE, FL 34143- -5158 IMMOKALEE, FL 34143 -5158 HOWELL - ROBERTS LLC IMMOKALEE CHAMBER OF IMMOKALEE FOUNDATION INC, THE PO BOX 5158 COMMERCE INC ; 3960 RADIO RD STE 207 IMMOKALEE, FL 34143- -5158 1390 N 15TH ST STE 200 NAPLES, FL 34104 -- -3746 IMMOKALEE, FL 34142 -2823 JACK QUEEN CONSTRUCTION INC JANE BROWN GRAVEYARD K &B COMMERCIAL RENTALS #3 LLC PO BOX 990 --0000 1303 NEW MARKET RD W IMMOKALEE, FL 34143 - -0990 IMMOKALEE, FL 34142 - -3717 IMMOKALEE, FL 34142 -=2253 K &B RESIDENTIAL RENTALS #2 LLC KEMP PLAZA INC KEMP, INVESTMENTS INC 1303 NEWMARKET RD W 95 17TH ST SW 95 17TH ST SW IMMOKALEE, FL 34142- -2253 NAPLES, FL 34117 -3307 NAPLES, FL 34117- -3307 LIGHTNER CONTRACTING INC MARINO, SALLY MARTINEZ, JOSE PO BOX 5189 SAMANTHA A MOLINA PO BOX 312 IMMOKALEE, FL 34143 -5189 117 N 9TH ST IMMOKALEE, FL 34143 -- -0312 IMMOKALEE, FL 34142- -3717 MIRALLES, ALFREDO NAVARRO, MARGARITA NLJ REALESTATE HOLDING INC 1703 IMMOKALEE PR 115 N 9TH ST 5210 LAKE LN IMMOKALEE, 1 :1. 34141 _ --,:-(30 IMMOKALEE, FL 34142 - -3717 IMMOKALEE, FL 34:1112- 2'.".53 OCANAS, JORGE =& SYLVIA ORTIZ, ALEJANDRO M PARKER, MARY JOSEPHINE 1225 FORRESTER AVE 111 WHITE WAY PO BOX 2134 IMMOKALEE, FL 34142 -3408 IMMOKALEE, FL 34142- -3639 ARCADIA, FL 34265- -2134 PEDRO, MANUEL MIGUEL REAL EST HOLDINGS OF TIENDA REYNA, ALMA R EVANGELINA PEREZ GONZALEZ MEXICANA INC RUBEN REYNA JR 1212 ROBERTS AVE W 3740 LOWSON BLVD 1332 REFLECTIONS LN UNIT 2 IMMOKALEE, FL 34142- -3608 DELRAY BEACH, FL 33445 -5647 IMMOKALEE, FL 34142 -2199 I°_tiquettes faciles h peter ; A Packet Page -1052- re afin de ; www.averycom Utilisez le gabarit AVERY® 51604D f chargemerit r6v6ler le rebord Pop -UpTu 1- 800-GO -AVERY 1 Easy Peel® Labels i L Bend along line to Use Avery® Template 51600 j Feed Paper expose Pop -Up EdgeTM I ROBERTS, RICHARD H =& JACQUELYN SALAZAR, MARIA 1 5288 RIVER BLOSSOM LN PO BOX 5172 /'ojtT DENAUD, FL 33935 - -0603 IMMOKALEE, FL 34143 - -5172 SANCHEZ, PAMELA J SCHOOL DISTRICT -IMS SERGIO SANCHEZ IMMOKALEE MIDDLE 1300 ROBERTS AVE W % SUPERINTENDENT IMMOKALEE, FL 34142 - -3610 5775 OSCEOLA TRL NAPLES, FL 34109- -0919 SOTO, IGNACIO G TREVINO, RICARDO PO BOX 1473 LUCIA RAMIREZ ARELLANO IMMOKALEE, FL 34143 - -1473 PO BOX 3612 IMMOKALEE, FL 34143 - -3612 WHEELER, DUANE S =& FLEETA K PO BOX 5222 IMMOKALEE, FL 34143 -- -5222 ttiquettes fadles A peler I re afin de ® ® , Sens de Packet Pa a -12R- TM , Utilisez le gabarit AVERY 5760 f chargement • °-° • •° • °� °•� Pop-Up & 1/28/2014 17.A. SANCHEZ, JUAN 0 =& PAMELA J 1300 ROBERTS AVE W IMMOKALEE, FL 34142 -- -3610 SIERRA, GILBERTO =& ILIANA PO BOX 1782 IMMOKALEE, FL 34143 - -1782 WATSON, DANA W PO BOX 52 IMMOKALEE, FL 34143 -0052 www.avervcom 1- 800-GO -AVERY 1 1/28/2014 17.A. 22D -a Wednesday, January 8, 2014 -0 N A P L E S D A I LY N E W S � Legals NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, January 28, 2014 in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples,'-Ft, the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 92 -7, THE R. ROBERTS ESTATE PUD, AND AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED,.THE COWER COUNTY LAND DEVELOPMENT CODE .WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING DESIGNATION OF 32 ACRES OF LAND FROM RESIDENTIAL SINGLE FAMILY -3 (RSF -3) TO R. ROBERTS ESTATE MIXED USE. PLANNED UNIT DEVELOPMENT; BY INCREASING THE SIZE OF TRACT A OF THE PUD $Y 3 ACRES; FROM 5.9' ACRES TO 8.9 ' ACRES; BY CHANGING THE PERMITTED USES ON TRACT A FROM SINGLE FAMILY .RESIDENTIAL TO UP TO 50,000 SQUARE FEET OF GROSS FLOOR AREA OF INSTITUTIONAL AND PROFESSIONAL ,OFFICE USES; BY REVISING SECTION 1, PROPERTY DESCRIPTION; BY REVISING DEVELOPMENT STANDARDS AND DEVELOPER COMMITMENTS FOR THE PUD. LOCATED ON THE SOUTH SIDE OF ROBERTS AVENUE AND NORTH AND EAST OF SR -29 IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 42' ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PUDA- PL20130000052, R. ROBERTS ESTATE PUD) 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 manager prior . to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any Rem. 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 pubic hearing. In any case, written material intended to be considered by the Board shali 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 that a verbatim record of 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 -par- ticipate 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, Naples, FL, 34112 -5356, t'239)252 -8380, at least two dayys prior to the meeting. Assisted listening devices for he hearing impaired are available in the Board of County Commissioners Office. 30ARD OF COUNTY COMMISSIONERS :OLDER COUNTY, FLORIDA :HAIRMAN )WIGHT E. BROCK, CLERK iy: Ann Jennejohn, Deputy Clerk anuary 8, 2014 No. 2011009 Packet Page -1054-