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Agenda 02/25/2014 Item # 9A2/25/2014 9.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. An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 02 -35, as amended, the Winding Cypress Planned Unit Development (PUD), by increasing the number of residential dwelling units from 2,300 to 2,854; by increasing the residential development area by 44 acres to 492 acres; by increasing the Village Center acreage by 2 acres for a total of 17 acres; by increasing the gross floor area of the Village Center District by 20,000 square feet for a total of 50,000 square feet; by increasing the acreage of lakes from 235 acres to 272 acres; by removing the 164 acres of golf area and eliminating the 18 -hole golf course; by increasing the preserve area by 44 acres to 840 acres; by increasing buffers, waterways, canal and FP &L easements from 180 acres to 219 acres; providing for addition of Winding Cypress Master Plan, Tract B to Exhibit A; providing for addition of Exhibit C, Bicycle and Pedestrian Master Plan; providing for List of Deviations; and providing an Effective Date. The subject property is located at the northeast quadrant of the intersection of Tamiami Trail East (US 41) and Collier Boulevard (CR -951) in Sections 26, 34 and 35, Township 50 South, Range 26 East, and Sections 2 and 3, Township 51 South, Range 26 East, Collier County, Florida consisting of 1,928 acres. [PUDA- PL20120002855] OBJECTIVE: To have the Board of County Commissioners (BCC) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding this PUD amendment petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner is asking the BCC to consider an application for an amendment to the existing PUD zoned project known as the Winding Cypress Planned Unit Development, whose currently developed portion is being developed under the name of Verona Walk. For details about the project proposal, refer to "Purpose/Description of Project." In the Collier County Planning Commission staff report. This petition is a companion petition to the Winding Cypress DRI, petition # DOA- PL20120002856. The subject property was originally rezoned from Agricultural (A) to PUD with the adoption of Ordinance No.99 -93. That ordinance approved a maximum of 2,892 units 45 holes of golf and 30,000 square feet of commercial /recreational uses. That ordinance was repealed and replaced by Ordinance No. 02 -35, which reduced the number of units to 2,300 and reduced the golf holes to a maximum of 18 holes. The PUD was subsequently amended to correct scrivener errors in Ordinance 02 -48. The subject property is also part of the Winding Cypress DRI. The DRI was original approved in Resolution No. 99 -467 (DRI Development Order No. 99 -4). The DRI was amended in Resolution No. 02 -302 (DRI DO No. 02 -01) and again in Resolution No 06 -18. This project is currently approved for a total of 2,300 residential units on 448 acres with up to 30,000 square feet of commercial and recreational facilities in the Village Center. Also approved are 18 holes of golf and a clubhouse. Packet Page -64- 2/25/2014 9.A. The project was originally approved with two Tracts -- Tracts A and B. Tract A is developed as Verona Walk. Tract B is vacant and is the subject of this amendment request. Please refer to the Master Plan for the delineation. According to application, the following changes are proposed: • Increase residential dwelling units from 2,300 to 2,854 on 492 acres of land (previously 448 acres). Both Single Family and Multi - Family units (The gross density will be increased from 1.2 to a maximum of 1.4 units per acre. • Increase in the acreage of lakes will be from 235 acres to 272 acres. • Eliminate golf course, golf club, golf course maintenance and practice range. • Increase of 44 acres in preserve area, for a total of 840 acres. • Increase buffers, waterways, canal, and FP &L easements from 180 acres to 219 acres. • Change the build -out date to December 31, 2020 and expiration date to December 21, 2025. • Add a deviation from LDC Section 4.07.04B.4.b to change the radius requirement for the Tract B Village Center from "within 1,760 ft. radius to 80% of the number of units ", to "within a 5,000 ft. radius of 80% of the number of units" within Tract B. • Add a second Village Center in Tract B. • Increase the commercial square footage allowance in the Village Centers from a maximum of 30,000 square feet to a maximum of 50,000 square feet. • Increase the maximum acreage of the two Village Centers from 15 acres to 17 acres. • Update LDC citations. • Update PUD Section 2.12 related to Clearing and Fill Storage. • Update language under PUD Section 2.13 Preliminary Subdivision Plat Phasing. • Provide and add reference to a bicycle and pedestrian master plan. • Update PUD Section 7.4 Transportation. • Remove PUD Section 7.6 Environmental. • Update PUD Section 7.3 Monitoring Report. • Update PUD Section 7.6 Utilities. • Update ownership infonnation. • Add exhibits to clarify Tract B as the amendment area. FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. Packet Page -65- 2/25/2014 9.A. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): Staff found the proposed Planned Unit Development Amendment to be deemed consistent with the Future Land Use Element. See the Collier County Planning Commission staff report for further 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 specified planning period (through 2020). Staff recommends that the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). Conservation and Coastal Management Element (CCME): Conservation and Coastal Management Element (CCME): Environmental review staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). Prior to development of the PUD, the native vegetation onsite was approximately 1,799.20 acres of the 1,928 -acre site. Therefore, a minimum of 449.80 acres of native vegetation is required to be placed under preservation and dedicated to Collier County. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on January 16, 2014, and found that the criteria of Section 10.02.08.17 (formerly 10.03.05.I) and 10.02.13.13.5 were met. By a vote of 6 to 0: (Commissioner Rosen abstained) with the motion made by Commissioner Homiak and seconded by Commissioner Chrzanowski, the CCPC recommended forwarding this petition to the BCC with a recommendation of approval subject to the following changes to the PUD document: 1. Eliminate gasoline service stations as a use in the Village Center (VC) areas for Tract B. 2. Note under the recreational maintenance facility use that there will not be any stored hazardous chemicals. 3. The PUD will note that the developer will allow access for Marco Island to Henderson Creek over the entry way. 4. Tract B will have a gate house that is independent of Tract A by positioning it past the Tract A access point from the entry road. Packet Page -66- 2/25/2014 9.A. 5. Setbacks for any structure along Henderson Creek will be 32' from the county easement, 22' of which will be a landscape buffer and the developer will not clear any portion of the county easement. 6. No entry sign face shall exceed 125 square feet and the total sign facings will not exceed 300 square feet. 7. Add the 23' setback to garage doors with front facing garages to the Development Standards table footnotes. 8. Correct references to exhibits throughout document and label all exhibits. 9. Add utility and roadway crossings back as permitted uses in preserve district. 10. The footnote in the Residential District, Table one shall be revised to correct Exhibit references. 11. Replace the Village Center FAR reference with a maximum square footage limitation of 20,000 square feet in Tract B. 12. In the Village Center, reference Exhibit C, the Bicycle and Pedestrian Plan that is part of the PUD document. 13. The agent will provide a cost sharing agreement created for the entry road prior to meeting. These revisions have been incorporated into the PUD document that is included in the draft ordinance. Correspondence in opposition to this petition has been submitted for the current proposal; persons spoke at the CCPC hearing voicing opposition to the proposed amendment or portions of it, so although the CCPC vote was unanimous, the petition cannot be placed on the Summary Agenda. LEGAL CONSIDERATIONS: This is an amendment to the existing Winding Cypress PUD (Ordinance No.02 -35, as amended). The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for PUD Amendments Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained Packet Page -67- 2/25/2014 9.A. 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. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? Packet Page -68- 2/25/2014 9.A. 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 rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art. II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further recommends that the BCC approve the request subject to the attached PUD Ordinance that includes both the staff recommendation and the CCPC recommendation. Packet Page -69- 2/25/2014 9.A. Prepared by: Kay Deselem, AICP, Principal Planner, Planning & Zoning Department, Growth Management Division, Planning and Regulation Attachments: 1) CCPC Staff Report 2) Application Backup Information due to the size of the document it is accessible at: http://www.colliergov.net/ft-o/AgendaFeb] 1 l 4/ GrowthMamt /ApplicationforWindingCvpressPU D.pdf 3) Correspondence 4) Ordinance Packet Page -70- COLLIER COUNTY Board of County Commissioners Item Number: 9.9.A. 2/25/2014 9.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. An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 02 -35, as amended, the Winding Cypress Planned Unit Development (PUD), by increasing the number of residential dwelling units from 2,300 to 2,854; by increasing the residential development area by 44 acres to 492 acres; by increasing the Village Center acreage by 2 acres for a total of 17 acres; by increasing the gross floor area of the Village Center District by 20,000 square feet for a total of 50,000 square feet; by increasing the acreage of lakes from 235 acres to 272 acres; by removing the 164 acres of golf area and eliminating the 18 -hole golf course; by increasing the preserve area by 44 acres to 840 acres; by increasing buffers, waterways, canal and FP &L easements from 180 acres to 219 acres; providing for addition of Winding Cypress Master Plan, Tract B to Exhibit A; providing for addition of Exhibit C, Bicycle and Pedestrian Master Plan; providing for List of Deviations; and providing an Effective Date. The subject property is located at the northeast quadrant of the intersection of Tamiami Trail East (US 41) and Collier Boulevard (CR -951) in Sections 26, 34 and 35, Township 50 South, Range 26 East, and Sections 2 and 3, Township 51 South, Range 26 East, Collier County, Florida consisting of 1,928 acres. [PUDA- PL20120002855] Meeting Date: 2/25/2014 Prepared By Name: DeseleraKay Title: Planner, Principal,Engineering & Environmental Ser 1/23/2014 10:48:20 AM Approved By Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 1/30/2014 6:13:21 PM Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 1/31/2014 9:44:59 AM Packet Page -71- 2/25/2014 9.A. Name: BosiMichael Title: Director - Planning and Zoning, Comprehensive Planning Date: 1/31/2014 11:12:31 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 2/12/2014 8:54:15 AM Name: AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 2/13/2014 1:56:35 PM Name: KlatzkowJeff Title: County Attorney, Date: 2/13/2014 3:54:11 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 2/18/2014 9:10:50 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 2/18/2014 11:37:45 AM Packet Page -72- 2/25/2014 9.A. AGENDA ITEM 9 -13 Co ter County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES PLANNING & ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: JANUARY 16, 2014 SUBJECT: PUDA- PL20120002855: WINDING CYPRESS PUD (COMPANION TO DOA- PL20120002856 WINDING CYPRESS DRI AMENDMENT) PROPERTY OWNER & APPLICANT /AGENT: Applicant /Contract Purchaser: DiVosta Homes, LP c/o Chris Hasty 24311 Walden Center Dr Ste 300 Bonita Springs, FL 34134 Agents: Anita Jenkins AICP J.R. Evans Engineering, P.A. 23150 Fashion Drive, Ste 24 Estero, FL 33928 Owners: Barron Collier Company, Ltd. 2600 Golden Gate Pkwy Ste 200 Naples, FL 341 -5 Barron Collier Investments, Ltd. 2600 Golden Gate Pkwy Naples, FL 34105 Richard D. Yovanovich, Esquire Coleman, Yovanovich & Koester, P.A. Northern Trust Bank Building 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 NOTE: Barron Collier Company, Ltd. and Barron Collier Investments, Ltd. own Tract B. DiVosta Homes, LP owns the existing Village Center tract. Many other property owners and associations own or otherwise control property within the overall Winding Cypress PUD. REQUESTED ACTION: The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for an amendment to the existing PUD zoned project which is currently known as the Winding Cypress Planned Unit Development (PUD), whose currently developed portion is being developed under the name of Verona Walk. For details about the project proposal, refer to "Purpose/Description of Project." PUDA- PL20120002855: WINDINGCYPRESS PUD January 16, 2013 CCPC Revised: 12/31/13 Packet Page -73- Page 1 of 18 2/25/2014 9.A. GEOGRAPHIC LOCATION: The subject 1,928± acres (the entire Winding Cypress PUD) is located in Sections 26, 34, and 35, Township 50 South, Range 26 East and Sections 2 and 3, along the eastern side of Collier Boulevard (CR 951) south of Sabal Palm Road in Township 51 South, Range 26 East, Collier County, Florida. (see illustration on the following page). PURPOSE/DESCRIPTION OF PROJECT: The subject property was originally rezoned from Agricultural (A) to PUD with the adoption of Ordinance No.99 -93. That ordinance approved a maximum of 2,892 units 45 holes of golf and 30,000 square feet of commercial/recreational uses. That ordinance was repealed and replaced by Ordinance No. 02 -35, which reduced the number of units to 2,300 and reduced the golf holes to a maximum of 18 holes. The PUD was subsequently amended to correct scrivener errors in Ordinance 02-48. The subject property is also part of the Winding Cypress DRI. The DRI was original approved in Resolution No. 99 -467 (DRI Development Order No. 99 -4). The DRI was amended in Resolution No. 02 -302 (DRI DO No. 02 -01) and again in Resolution No 06 -18. This project is currently approved for a total of 2,300 residential units on 448 acres with up to 30,000 square feet of commercial and recreational facilities in the Village Center. Also approved are 18 holes of golf and a clubhouse. The project was originally approved with two Tracts -- Tracts A and B. Tract A is developed as Verona Walk. Tract B is vacant and is the subject of this amendment request. Please refer to the Master Plan for the delineation. According to application, the following changes are proposed: • Increase residential dwelling units from 2,300 to 2,854 on 492 acres of land (previously 448 acres). Both Single Family and Multi- Family units (The gross density will be increased from 1.2 to a maximum of 1.4 units per acre. • Increase in the acreage of lakes will be from 235 acres to 272 acres. • Eliminate golf course, golf club, golf course maintenance and practice range. • Increase of 44 acres in preserve area, for a total of 840 acres. • Increase buffers, waterways, canal, and FP &L easements from 180 acres to 219 acres. • Change the build -out date will change to December 31, 2020 and expiration date to December 21, 2025. • Add a deviation from LDC Section 4.07.04B.4.b to change the radius requirement for the Tract B Village Center from "within 1,760 ft. radius to 80% of the number of units ", to "within a 5,000 ft. radius of 80% of the number of units" within Tract B. • Add a second Village Center in Tract B. • Increase the commercial square footage allowance in the Village Centers from a maximum of 30,000 square feet to a maximum of 50,000 square feet. • Increase the maximum acreage of the two Village Centers from 15 acres to 17 acres. • Update LDC citations. • Update PUD Section 2.12 related to Clearing and Fill Storage. 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SURROUNDING LAND USE AND ZONING: North: Sabal Palm Road, then various sized tracts (most are 1 -5 acres), with a zoning designation of Rural Agricultural (A) which are used for agricultural and homestead purposes East: Hacienda Lakes PUD/DRI, developing mixed used project; approximately 640 acres of state - owned preserve lands, with a zoning designation of Rural Agricultural (A); and 688 ± - acre Naples Reserve Golf Club, which was approved at a density of 1.67units per acre with a zoning designation of RPUD South: US 41, and a 66± -acre parcel controlled by Rookery Bay, with a zoning designation of Rural Agricultural (A) West: An undeveloped 136± -acre tract owned by the City of Marco Island (the reservoir for water service for the City of Marco Island), with a zoning designation of Rural Agricultural (A); the Falling Water Beach Resort, a mixed use project on 74± acres which was approved with a residential density of 6.5 units per acre with a zoning designation of PUD; a strip of l ±s acre parcels along US 41 with zoning designations of Rural Agricultural (A); and Collier Boulevard (CR 95 1) and then Lely Resort, which is a mixed use project and DRI that was approved at a density of 1.67units per acre with a zoning designation of RPUD PUDA- PL20120002855: WINDINGCYPRESS PUD January 16, 2013 CCPC Revised: 12/31 /13 Packet Page -79- Page 3 of 18 2/25/2014 9.A. Aerial Photo (subject property depiction is approximate) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The existing Winding Cypress PUD/DRI is designated Urban, Urban — Mixed Use District, Urban Residential Fringe Subdistrict and partially (that small portion in Section 3) Urban Residential Subdistrict on the Future Land Use Map and in the Future Land Use Element (FLUE). The Urban Residential Fringe Subdistrict allows a residential density of 1.5 dwelling units per acre (DU /A) and is not subject to the Density Rating System. The Urban Residential Subdistrict allows a density of 3 DU /A (base density of 4 DU /A less 1 DU /A for lying within the Coastal High Hazard Area). The proposed PUD/DRI amendments would increase the number of dwelling units to 2,854 or 1.48 DU /A (2,854 DUs /1,928 acres). Given that the site is eligible for >1.5 DU /A, the requested density is consistent with the site's future land use designations. The FLUE contains a text -based provision known as the PUD Neighborhood Village Center Subdistrict that is applicable to the subject site. This Subdistrict allows for small scale commercial uses "to serve the daily needs of the residents of a PUD." In addition to limited commercial uses, the Village Center may include recreational uses and other amenities to equal 17 acres but the Village Center cannot designate more than 15 acres for commercial uses. The Village Center cannot have independent access to a road external to the PUD, must be integrated into the PUD, and must be conveniently located to PUDA- PL20120002855: WINDINGCYPRESS PUD Page 4 of 18 January 16, 2013 CCPC Revised: 12/31/13 Packet Page -80- 2/25/2014 9.A. serve the PUD. The Village Center construction is to occur concurrently with residential development in the PUD. The Land Development Code (LDC) contains standards to implement this Subdistrict (Section 4.07.04). The existing PUD/DRI contains a Village Center PUD District comprising 15 acres and allowing 30,000 square feet (sq.ft.) of limited commercial uses. Its location, size, uses, etc. was deemed consistent with the PUD Neighborhood Village Center Subdistrict upon original approval in 1999 and subsequent amendment in 2002. The proposed PUD/DRI amendments would add a second Village Center site, increase the Village Center PUD Districts from 15 to 17 acres [in combination with recreational facilities, and other amenities or facilities], and increase the commercial square feet from 30,000 sq.ft. to 50,000 sq.ft. All uses, development standards, etc. remain unchanged. Though specific information is not provided by the applicant as of the date of the last review, staff estimates the existing Village Center site to be reduced to about 12 acres and the newly proposed Village Center site to be about 5 acres. The proposed amendments specify a maximum of 15 acres of commercial development in the PUD Neighborhood Village Center Subdistrict, along with recreational facilities, other amenities, internal roadways, open space and water management facilities, for a total of 17 acres. The PUD Neighborhood Village Center Subdistrict refers to a "Neighborhood Village Center" as singular whereas this amendment proposes to add a second one, albeit both centers combined would be in compliance with the total size cap of 15 acres devoted to allowable commercial uses. There is precedent for this — Mediterra PUD/DRI, also a very large project (1,168 acres in Collier County), is approved with two Village Centers. Provisions in the Winding Cypress PUD are written to clarify compliance, stating, "The Village Center area designated for small scale retail, offices and service facilities shall not exceed 15 acres. These uses may be combined with recreational facilities, other amenities, internal roadways, open space and water management facilities for a total of 17 acres." This mixture of commercial and non - commercial land uses is evidenced in the established Village Center area and proposed for the future Village Center area, and provide for a net acreage in the PUD Neighborhood Village Center Subdistrict designed consistent with the LDC and this FLUE acreage limitation. The design standards from LDC Section 4.07.04 — which implement the PUD Neighborhood Village Center Subdistrict — are listed below, followed by staff comments in brackets. It is acknowledged that the existing Winding Cypress Village Center was approved prior to this LDC provision (and that it is platted, infrastructure is in place, residential development is substantially complete, and non - residential development is at or near build -out). However, the applicant now proposes a second Village Center, thus it is subject to this provision. 4.07.04B.1. The gross acreage of the neighborhood village center shall be sized in proportion to the number of housing units authorized in the PUD as follows. The maximum size shall be 15 contiguous acres. [Winding Cypress PUD qualifies for the maximum size of 15 acres ( >2,000 dwelling units). The PUD specifies two conveniently located Village Center sites that will net no more than 17 acres for commercial uses.] • 4.07.04B.2. The maximum floor area ratio for the commercial component is 0.25. [The PUD specifies this maximum FAR in the Village Center District.] PUDA- PL20120002855: WINDINGCYPRESS PUD Page 5 of 18 January 16, 2013 CCPC Revised: 12/31/13 Packet Page -81- 2/25/2014 9.A. • 4.07.04B.3. The neighborhood village center shall be a unified, and architecturally integrated, plan of development with common ownership of all of the property that comprises the neighborhood village center. [Language to this effect does not exist in Section IV of the PUD. Applicant indicates that "the second Village Center will comply with this LDC requirement, therefore no additional language has been added to deviate from this requirement ". Acknowledged.] 4.07.04B.4. The following locational criteria and functional operating characteristics shall characterize the neighborhood village center: a. The neighborhood village center must be internally located within the PUD such that the site has no direct access to roads external to the PUD. The center must be located a minimum of 660 feet from the nearest external roadway providing access to the PUD. The center must be located a minimum of 330 feet from the perimeter boundaries of the PUD. [Both the existing and proposed Village Centers do not have direct access to Collier Blvd. or Tamiami Trail, are located in excess of 660 feet from those two roads, and are located in excess of 330 feet from PUD perimeter boundaries.] b. The neighborhood village center shall be located within a 1, 760 foot radius (one -third (113) mile) of at least 80% of the total number of approved residential units. [The existing Village Center is situated in the center of the community in which it is located (Verona Walk). However, it does not appear to be located within one -third mile of 80% of the dwelling units approved in the entire PUD. When the proposed second Village Center is combined with the existing one, they still appear not to be within 80% of the dwelling units. Due to the isolated location of the remaining residential tracts, necessitated by the extensive preserve areas, there does not appear to be a possible location for a second Village Center that would achieve this 80% requirement. Nonetheless, the proposed location of the second Village Center does decrease the existing nonconformity as it increases the percentage of dwelling units within 1/3 mile of a Village Center. Applicant has revised Sec. IV of the PUD to change the radius requirement for the Tract B Village Center from within 1,760 ft. radius to 80% of the number of units, to within a 5,000 ft. radius of 80% of the number of units within Tract B. Exhibit F of the PUD contains a formal Deviation from LDC Section 4.07.04B.4.b., and is specific to the proposed second Village Center. The justification/rationale for this deviation is provided in a separate document.] The neighborhood village center shall be pedestrian friendly meaning minimal dependency upon access by automobiles and with location and design to encourage pedestrian access, which shall be reflected in the pedestrian walkway system for the entire PUD. [The existing Village Center is situated in the center of the community in which it is located (Verona Walk) and it is well- served by an extensive sidewalk and multi -use pathway system throughout that community. Based upon Exhibit C, Winding Cypress Pedestrian and Bicycle Master Plan, the proposed second Village Center will be connected by a sidewalk system to the remaining residential tracts in the PUD.] • 4.07.04B.5. In recognition of the pedestrian friendly design of the neighborhood village center, as required in section 4.07.04 B.4.c., the number of required off-street parking spaces shall only be 50% of that required by section 4.05.04 of the LDC. However, the number of off-street parking PUDA- PL20120002855: WINDINGCYPRESS PUD Page 6 of 18 January 16, 2013 CCPC Revised: 12/31/13 Packet Page -82- 2/25/2014 9.A. spaces provided shall not exceed 75% of that required by section 4.05.04. In all other respects, off - street parking areas shall be designed in accordance with the provisions of section 4.05. 00 of this LDC. [Language to this effect has been introduced to Section IV of the PUD, and is specific to the proposed second Village Center.] 4.07.04B.6. The neighborhood village center shall be subject to, and in compliance with, the design guidelines identified in Section 5.05.08 of this LDC except as otherwise excepted or required herein. [Section IV of the PUD does not contain separate design guidelines, rather defaults back to LDC requirements.] 4.07.04B. 7. Signs. The neighborhood village center shall adhere to Section 5.06 00 of this LDC, the Collier County Sign Code. [Section 11 of the PUD contains separate sign guidelines, and a general provision for the PUD to govern where LDC regulations may conflict. Conversely, where the PUD is silent to signage, then LDC provisions apply.] • 4.07.04B.8. No commercial building construction in the neighborhood village center shall be allowed until building construction has commenced on at least 30% of the residential dwelling units in the PUD. [Language to this effect does not exist in Section IV of the PUD. However, the latest (8/15/13) PUD List indicates 1,686 dwelling units are built and 2,300 are approved (73% built); this petition would increase the approved dwelling units to 2,854 (59% built).] LDC Section 2.03.06.E. contains the list of allowable commercial uses to implement the PUD Neighborhood Village Center Subdistrict. Many of the uses listed in Sec. IV of the PUD are less restrictive in scope than the LDC list, are absent square footage limitations found in the LDC list, are not on the LDC list, or are discrepant in some other manner. Applicant has provided explanation that no amendments to the list of uses [in the current PUD] are proposed for Village Centers. Uses listed in Sec. IV of the PUD are instead, consistent with the original PUD and those commercial uses allowed in the first [existing] Village Center. Based upon discussion with Zoning staff, though a new (2nd) Village Center is being added, the two Centers combined comply with the acreage limitation for commercial uses and the Village Center uses are deemed grandfathered. Future Land Use Element (FLUE) Policy 5.4 requires new developments to be compatible with the surrounding land area. Comprehensive Planning leaves this determination to Zoning Services staff as part of their review of the petition in its entirety. In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following FLUE policies shall be implemented for new development and redevelopment projects, where applicable. Each policy is followed by staff analysis in [bold text]. Objective 7: In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [The proposed PUD Master Plan PUDA- PL20120002855: WINDINGCYPRESS PUD Page 7 of 18 January 16, 2013 CCPC Revised: 12131/13 Packet Page -83- 2/25/2014 9.A. depicts direct access to Collier Boulevard (CR951) and US41 East, both classified as arterial roads by the Transportation Element.] Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [The proposed PUD Master Plan depicts a loop road and internal access.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. [Interconnections are not possible and/or not feasible. The PUD/DRI abuts: Sabal Palm Road to the north; Collier Blvd. and Henderson Creek canal to the west; US41 East and State of Florida lands to the south; and, to the east, State of Florida lands, reserved right -of -way (then preserve) within Hacienda Lakes PUD/DRI, and reserved right -of -way within Naples Reserve PUD.] Policy 7.4: The County shall encourage new developments densities, common open spaces, civic facilities and a range of housing prices and types. [The PUD/DRI includes a variety of dwelling unit types, includes recreational amenities, depicts greater than the required amount of open space on the proposed PUD Master Plan, and sidewalks are required. The north f one -half of the PUD/DRI is developed and includes an extensive sidewalk system.] Based upon the above analysis, the proposed Planned Unit Development Amendment may be deemed consistent with the Future Land Use Element. 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 specified planning period (through 2020). Staff recommends that the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). Conservation and Coastal Management Element (CCME): Conservation and Coastal Management Element (CCME): Environmental review staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). Prior to development of the PUD, the native vegetation onsite was approximately 1799.20 acres of the 1928 acre site. Therefore, a minimum of 449.80 acres of native vegetation is required to be placed under preservation and dedicated to Collier County. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. PUDA- PL20120002855: WINDINGCYPRESS PUD Page 8 of 18 January 16, 2013 CCPC Revised: 12/31/13 Packet Page -84- 2/25/2014 9.A. ANALYSIS• Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings "), and Subsection 10.02.08.17, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings "), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Services staff has reviewed the petition and the PUD document to address environmental concerns. The PUD Master Plan provides 840 acres of Preserve, which exceeds the minimum requirement of 449.80 acres. This project does, require Environmental Advisory Council (EAC) review, as this project meets the EAC scope of land development project reviews as identified in Section 2 -1193 of the Collier County Codes of Laws and Ordinances, specifically, development with impacts to 500 or more acres of native vegetation. Please refer to the Environmental Impact Statement for further details regarding the environmental review. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan along with the companion DRI Development Order (DRI DO) amendment application for right -of -way and access issues as well as roadway capacity, and recommends approval subject to the Developer /owner commitments as provided in the PUD ordinance. Network Impacts: The Traffic Impact Study included in both the DRI Development Order (DO) Amendment and the PUD Amendment detail a change from 2,300 units to 2,854 units. However, it should be noted that the FDOT review was based on the DO -to -DO comparison based on the traffic created by the original 2,892 dwelling units. Regarding the FDOT and RPC review, it can be stated that there is a net reduction in the overall number of units and traffic impacts; the `interim' condition of 2,300 units has been removed from the analysis. As a result, the FDOT review concludes that there is no significant change, and that the roadway network has sufficient capacity to accommodate the proposed final Development Order/PUD. The County's review has analyzed the change from most recent condition of 2,300 units to 2,854 units. It has been analyzed as a net increase, although the total net units are negative since the original DRI was implemented in 1999. The effects of the "additional" 554 units can be described as follows: - Significant impacts on Collier Boulevard Links 33.0, 34.0, 35.0, and 36.1 PUDA- PL20120002855: WINDINGCYPRESS PUD Page 9 of 18 January 16, 2013 CCPC Revised: 12/31113 Packet Page -85- 2/25/2014 9.A. - Significant impacts on Rattlesnake Hammock Links 72.0, 73.0, 74.0, and 75.0 -Davis Boulevard and Tamiami Trail experience impacts that are below the 2 % -2 % -3% threshold. In the analysis from 2,300 units to the proposed 2,854, significant impacts are noted along Collier Boulevard and Rattlesnake Hammock, but none are shown to cause failure of these roadway segments. Operational/Intersection impacts for the development have been analyzed as well, and the additional units that will be platted in the near future have been quantified. Those units are not expected to require additional mitigation in the form of proportionate share toward intersection improvements. Zoning Services Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the subject site, the compatibility analysis included a review of the subject proposal comparing it to surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location. Zoning staff is of the opinion that this project will be compatible with and complementary to, the surrounding land uses. To support that opinion staff offers the following analysis of this project. The development standards contained in Table 1 of the PUD document that governs the uses in Tract A are now proposed to be utilized as property development regulations for Tract B. No new uses are being added to the PUD; however Tract B is now proposed to have a Village Center, similar to what exists in Tract A. The Village Center is to be an amenity to the planned residential area. Staff believes the square footage and acreage allowances in the Village Center should be clarified to ensure that the project remains in compliance with the PUD Neighborhood Village Center Subdistrict of the FLUE and Section 4.07.04 of the LDC. The approved plans in SDP -AR- 2004 -6520 for the existing Village Center indicate that this Village Center is built on 8.04 acres. The site plan indicates that there are 20,575 square feet of retail and office uses (from an allowable maximum of 30,000 square feet) within Building #1 in Tract A, and a total of 25,666 square feet of retail, office, and recreation uses within that Village Center. If the petitioner's request to increase the allowable square footage to 50,000 square feet, then there would be 29,425 square feet of allowable commercial square footage available for Tract B. As noted in the proposed request, the applicant is also seeking to increase the allowable acreage in the Village Center from 15 acres to 17 acres which would include recreational uses as well as the allowable commercial square footage. Thus there would be a maximum of 8.96 acres of land available for the development of the Tract B Village Center [17 acres — 8.04 acres = 8.96 acres]. Staff believes the allowable [remaining] square footage and acreage figures should be included in the PUD document as limitations for the Village Center in Tract B. The surrounding area's zoning and land uses have not significantly changed since this project has been developing. The Surrounding Zoning and Land Use discussion on page 2 of the staff report and the Master Plan all reflect zoning and uses that have been in effect as this project has developed. No new PUDA- PL20120002855: WINDINGCYPRESS PUD Page 10 of 18 January 16, 2013 CCPC Revised: 12/31/13 Packet Page -86- 2/25/2014 9.A. uses are proposed as part of this amendment. The density is being increased from 2,300 to 2,854 dwelling units and the density will be increased from 1.2 to a maximum of 1.4 units per acre. Deviation Discussion: The petitioner is seeking approval of one deviation from the requirements of the LDC. The deviations are listed in PUD Exhibit F. Deviations are a normal derivative of the PUD zoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in per: It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control. PUDs .... may depart from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest .... Deviation 1 seeks relief from LDC Section 4.07.04B.4.b to change the radius requirement for the Tract B Village Center from "within 1,760 ft. radius to 80% of the number of units ", to within a 5,000 ft. radius of 80% of the number of units within Tract B. Petitioner's Rationale: The applicant states in his justification for this deviation the following: Due to the residential tracts location constraints, necessitated by the extensive preserve areas, there is not a location for a 2"d Village Center that would achieve this 1, 760 ft. radius requirement. The 2°1 Village Center is centrally located as possible to serve the residents of Tract B. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is accommodated. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3 the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." FINDINGS OF FACT: LDC Subsection 10.02.081 states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below. [Staff's responses to these criteria are provided in bold, non - italicized font]: PUD Findings: LDC Subsection 10.13.B.5 states that, "In support of its recommendation, the CCPC PUDA- PL20120002855: WINDINGCYPRESS PUD Page 11 of 18 January 16, 2013 CCPC Revised: 12/31/13 Packet Page -87- 2/25/2014 9.A. shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed amendment and believes the proposed changes are compatible with the development approved in the area. The commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the undeveloped portions of the property. Additionally, the development will be required to gain platting and /or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion and the attached report from Comprehensive Planning staff and the zoning analysis of this staff report. Based on those staff analyses, planning zoning staff is of the opinion that this petition may be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff has provided a review of the proposed changes and believes that the project will be compatible with the surrounding area. The residential uses are not proposed to change as part of this amendment and the uses approved in the original PUD rezone were determined to be compatible. The proposed additional Village Center should enhance Tract B. The petitioner is revising some property development regulations, but staff believes uses remain compatible given the proposed development standards and project commitments. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of native preserve aside for this project meets the minimum requirement of the LDC. PUDA- PL20120002855: WINDINGCYPRESS PUD Page 12 of 18 January 16, 2013 CCPC Revised: 12/31/13 Packet Page -88- 2/25/2014 9.A. 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must comply with all other applicable concurrency management regulations when development approvals are sought. Additionally, the PUD document contains additional developer commitments that should help ensure there are adequate facilities available to serve this project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as road capacity, wastewater disposal system, and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking approval of one new deviation to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff has provided an analysis of the deviation in the Deviation Discussion portion of this staff report, and is recommending approval of the deviation. Rezone Findings: LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staffs responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. The zoning analysis provides an in -depth review of the proposed amendment. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the CCME and the Transportation Element. Therefore, staff recommends that this petition be deemed consistent with the GMP. 2. The existing land use pattern; Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it at length in the zoning review analysis. Staff believes the proposed amendment is appropriate given the existing land use pattern, and development PUDA- PL20120002855: WINDINGCYPRESS PUD Page 13 of 18 January 16, 2013 CCPC Revised: 12/31/13 Packet Page -89- 2/25/2014 9.A. restrictions included in the PUD Ordinance. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD amendment would not create an isolated zoning district because the subject site is already zoned PUD. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff believes the district boundaries are logically drawn given the current property ownership boundaries and the existing PUD zoning. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed amendment is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such the amendment to allow the owner the opportunity to develop the land with uses other than what the existing zoning district would allow. Without this amendment, the property could be developed in compliance with the existing PUD ordinance regulations. 6 Whether the proposed change will adversely influence living conditions in the neighborhood; Staff believes the proposed amendment, with the commitments made by the applicant, can be deemed consistent County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes numerous restrictions and standards that are designed to address compatibility of the project. Development in compliance with the proposed PUD amendment should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affectpublic safety. The roadway infrastructure has adequate capacity to serve the proposed project with the mitigation that will be provided by the developer. Staff believes the petition can be deemed consistent with all elements of the GMP if the mitigation is included in any recommendation of approval. 8. Whether the proposed change will create a drainage problem; The proposed amendment should not create drainage or surface water problems. The developer of the project will be required to adhere to a surface water management permit from the SFWMD in conjunction with any local site development plan approvals and ultimate construction on site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; PUDA- PL20120002855: WINDINGCYPRESS PUD Page 14 of 18 January 16, 2013 CCPC Revised: 12131/13 Packet Page -90- 2/25/2014 9.A. If this amendment petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. The location of the proposed buildings, combined with the setbacks and project buffers will help insure that light and air to adjacent areas will not be reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; 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 subject property could be developed within the parameters of the existing zoning designations; however, the petitioner is seeking this amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed amendment meets the intent of the PUD district, if staffs conditions of approval are adopted, 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; As noted previously, the subject property already has a zoning designation of PUD; the PUD zoning was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban - designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. PUDA- PL20120002855: WINDINGCYPRESS PUD Page 15 of 18 January 16, 2013 CCPC Revised: 12/31/13 Packet Page -91- 2/25/2014 9.A. The petition was reviewed on its own merit for compliance with the GMT and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed amendment is consistent with the GMP as it is proposed to be amended as discussed in other portions of the staff report. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Additional development anticipated by the PUD document would require considerable site alteration. This project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant's agents conducted a duly noticed NIM on October 22, 2013, at 7:30 p.m. at the banquet room of the Comfort Inn. The applicant's affidavit and copies of the meeting notice and advertisement are attached. In addition to our attendance, others included the applicant, the consultant team and residents. The attached meeting sign -in sheet provides a complete list of attendees. Rich Yovanovich, agent for the applicant, gave an overview of the Winding Cypress PUD amendment application requests. The proposed changes as shared in the attached handout include: • Removing 18 holes of golf • Increase Preserve area by 44 acres for a total of 840 acres • Increasing buffers and waterways by 39 acres • Changing the number of units from 2,395 to 2,854. This total includes the existing homes in Verona Walk, and remains under the number of units originally approved, 2,892 units, in 1999. • Adding a new Village Center in Tract B Several questions were posed by the audience, and responses provided by Mr. Yovanovich and the consultant team, in reference to: PUDA- PL20120002855: WINDINGCYPRESS PUD Page 16 of 18 January 16, 2013 CCPC Revised: 12/31/13 Packet Page -92- 2/25/2014 9.A. Q. Is the primary access on Collier Boulevard or US 41? A. Collier Boulevard Q. What is the buffer to Henderson Creek? And can it be larger? A. 10 foot and the consultant team will review the plan and see what options are available. Q. When will the widening of US 41 begin? A. It is scheduled to being in 2012 Q. What type of development will be in Winding Cypress? Will there be commercial along US 41? A. Winding Cypress will have a mix of residential units and a town center with amenities, similar to Verona Walk. Q. When will construction begin? A. It is scheduled for 2014. The meeting concluded at 7:50 p.m. A recording of the meeting is included on the DVD provided. In addition to the neighborhood information meeting summarized above, the applicant and consultant team also held a meeting for the Verona Walk residents on October 21, 2013 at 5:00 p.m. at the Verona Walk town center. The attached notice was provided to Verona Walk residents via e -mail and was posted in the town center, including the town center post office. The applicant and consultant team attended along with approximately 90 residents. The applicant provided the same overview of the project as noted above. The questions posed by the Verona Walk residents, and responses provided by the applicant were in reference to the relationship between the two developments, primarily shared access and separation between amenities. The applicant described how the Collier Boulevard access to Winding Cypress will operate as a second access for Verona Walk, and that Winding Cypress will have amenities for the residents similar to Verona Walk. The meeting concluded at 7:00 p.m. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed the staff report for this petition on December 30, 2013. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDA- PL2012002855 to the BCC with a recommendation of approval, subject to the inclusion of limitation on the Tract B Village Center regarding allowable square footage and maximum acreage. PUDA- PI 20120002855: WINDINGCYPRESS PUD January 16, 2013 CCPC Revised: 12/31/13 Packet Page -93- Page 17 of 18 PREPARED BY: KAY bVSELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF PLANNING AND ZONING REVIEWED BY: /� , /? L--- , RAYMO� jD V. BELLOWS, ZONING MANAGER DEPARTMENT OF PLANNING AND ZONING MIKE BOSI, AICP, DIRECTOR DEPARTMENT OF PLANNING AND ZONING ICK UASALANGUIDA, ADMINISTRATOR ROWTH MANAGEMENT DIVISION �1q113 DATE IL- 3(- ( DATE (2 -fi( -(-) DATE i`2-')y DATE 2/25/2014 9.A. Tentatively scheduled for the February 25, 2014 Board of County Commissioners Meeting PUDA- PL20120002855: WINDINGCYPRESS PUD January 16, 2013 CCPC Revised: 12/31/13 Packet Page -94- Page 18 of 18 2/25/2014 9.A. From: Kathleen Brown [kbnaples @comcast.net] Sent: Wednesday, October 23, 2013 1:37 PM To: DeselemKay Subject: Winding River Development Kay, I am a Falling Water Beach Resort II resident and was unable to attend mtg regarding development of land adjacent to our property across from Henderson Creek. I would like to know how I may go about accessing information regarding how close Winding River development is legally allowed to build /develop in relationship to Henderson Creek as it impacts our community. How close are they allowed to get to Henderson Creek. are they putting housing near the creek ? Thank you in advance for any information you may share regarding Winding River development project. Kathleen B. Brown resident: Falling Waters Beach Resort II Packet Page -95- rom: ent: o: c: object: r.limpus @verizon.net Tuesday, October 29, 2013 1:09 PM DeselemKay jlimpus @verizon.net 2/25/2014 9.A. Oct -11 -2013 letter RE: Winding Cypress PUD Amendment Application PL- 2012 -2855 ear Ms. Anita Jenkins and Ms. Kay Deselem, ,iank you for your subject letter that we received recently regarding development intentions and changes being proposed to DiVosta's Winding Cypress )mmunity. le are personally OPPOSSED to the petitioner's request to the County to approve their application to remove the golf course use in Tract B and allow =velopment of up to 2,854 homes, which includes the built Verona Walk community. ur reasons for our opposition are as follows: Removing the golf course use is tantamount to a "bait- and - switch" approach, given that the public land development, zoning and approval process in ollier County was already completed / approved on the basis of golf course use. Approval of the petition sets an poor precedent and questions the integrity of the devlopment, zoning and land use process. Up to 2,854 homes in the proposed geographical location will stress the existing Collier County infrastucture. Granting approval of the petition will significantly alter the dynamic of the overall, nearby communities in this region, for the worst and not for the =_tterment. irge you and the appropriate governing bodies within Collier County to vote AGAINST the petitioner's request for amendment to the Winding Cypress LID zoning document. incerely, onald & Jane Limpus )93 Chula Vista Street, Unit 11101 aples, FL 34113 ermanentaddress: 20 Firethorn Lane inking Spring, PA 19608 Packet Page -96- om: rickrupp [rickrupp @charter.net] ant: Wednesday, October 23, 2013 9:43 AM 2/25/2014 9.A. ?: Deseleml(ay _. Tom Campbell; Frank Ferraiuolo; James Miller; Don Bassett; John Thornton; Bob Senna abject: Winding Cypress PUD a� selem, AICP rincipal Planner rowth Management Division lanning & Regulation and Development Services was a pleasure to meet you last evening at the PUD amendment meeting for Collier County residents. As ou heard, the residents of Falling Waters Beach Resort are quite concerned about the minimum distance f 10 feet from Henderson Creek to the property line of future Winding Cypress residents. We feel that is such too close and our communities will virtually be back to back with views into each other's homes. The lanned layout of Winding Cypress appears to have approximately 50% preserve area and all we ask is that nme of that be used as a buffer between Henderson Creek and the future residential properties of Vinding Cypress. our Falling Waters residents can be of any help in achieving this goal either by petition or other means lease let us know. We will cooperate fully. We would like someone from Planning come out to see our roperty and address our concerns. rz ':erraiuolo resident of FWBR Masters Association 'ilshp @aol.com 39- 774 -6120 ick Rupp Packet Page -97- rom: Kramer, Karen [karen.kramer @siemens.com] ent: Tuesday, October 29, 2013 5:46 PM o: DeselemKay c: Jeff Fiely ubject: Winding Cypress proposed community nportance: High 2/25/2014 9.A. ear Anita and Kay, 7e are opposed to the removal of the golf course and the development of up to 2854 more homes at Collier and Tamiami. hat is already a very congested intersection and safety is certainly an issue. Not to mention we don't need another housing crash fueled by an verabundance of properties built on swampland. 7e were unable to make the meeting on Oct. 22 as we live in Cincinnati. But we need to know what we can do to oppose this proposal. Please advise. /arm regards, aren Kramer and Jeff Fiely roperty owners in Reflection Lakes Packet Page -98- 2/25/2014 9.A. S l7 Al' ? 4-9 T � 3 �''? r2 �''�_GF''1"f✓.�`l a''7�' >� ��'.�� i �.S�v'Cy. - u} �c'�.� ;�`i � l - C'`� �'? `�' '�?e✓"7 � �:.,�"� �,-? �� r'' �. ;�. � �1 .�a �... : r ��', �.� �, i G� -rte � c�.-- �f•-� cr' f,r .� ¢� r F °"L/ 7 '...�,. -°C ' ✓.'r jpr'...31� a.e J. J s Al/ - `X"! i=..,... Z'-r —,7 i'"% -.�r f r ''u" f Y' f' ✓.C. w'"�- /. ✓~ L'' G.' !'+ - y�..`f4.+'`c.: ��'"�,. �,= �tr'L'sc;.s�..:� i✓/ .++r'`i+�.%' «tom;- t "!''� L`�i"��'.!"' L L'1L ->t s�G{ '4 t^Y.!-c..^ft�- G`'�"� i' e+/ ff f { r �f"'i" ✓GC % -'Gs+' 4.`- .�'�s'✓. ✓. �-- a•. :'T nr r Packet Page -99- 2/25/2014 9.A. N. LOUISE SHAFFER 8720 Querce Ct Napies, FL, 34114 Phone (239) 234 -5992 Wez98(4?aol.coin February 19, 2014 Collier County Planning Commission www.colliergov.net Attn: Kay Deselem PUDA- PL20120002855/6 Dear Planning Commission Members; My name is Louise Shaffer. I am a homeowner in Verona Walk and full time resident. I am writing in reference to the above referenced property, Whispering Cypress. The main entrance to Whispering Cypress is scheduled off of Collier Blvd just south of the main entrance to Verona Walk. This entrance also includes a second entrance to Verona Walk. My question is why is the main entrance to Whispering Cypress scheduled off of Collier Blvd where it will create a traffic hazard. There is no traffic light or crossover there for easy access to and from south bound Collier. I realize there are other subdivisions along Collier Blvd with the same type of access but why does another one have to be created. Or why does a serious accident have to occur before it is realized this is wrong. Why can't the main entrance to Whispering Cypress be off of Tamiami Trail where a second entrance it already planned. Is it because that entrance will not have the visibility that one off of Collier Blvd will have for selling and advertising? Isn't safety taken into consideration? Does the developer have complete control over human safety or is selling of lots the top priority for the county as well? The entrance as planned would function better as a second entrance for both Verona Walk and Whispering Cypress. The entrance as planned now gives residents of Verona Walk complete access to Whispering Cypress. The is not fair to those homeowners moving into Whispering Cypress. Homeowners buying there won't realize this until it is to late to change the main entrance to a private one only for them. Two minor gates can be built off of Collier Blvd creating less traffic and less of a hazard. Two minor gates will keep both communities separate and still have the two entrances necessary for emergencies. This is the short version of my position on the gates but also the main issue. Please consider my opposition to the proposed main entrance to Whispering Cypress. Sincerely, N. Louise Shaffer Packet Page -100- 2/25/2014 9.A. ORDINANCE NO. 14- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 02 -35, AS AMENDED, THE WINDING CYPRESS PLANNED UNIT DEVELOPMENT (PUD), BY INCREASING THE NUMBER OF RESIDENTIAL DWELLING UNITS FROM 2,300 TO 2,854; BY INCREASING THE RESIDENTIAL DEVELOPMENT AREA BY 44 ACRES TO 492 ACRES; BY INCREASING THE VILLAGE CENTER ACREAGE BY 2 ACRES FOR A TOTAL OF 17 ACRES; BY INCREASING THE GROSS FLOOR AREA OF THE VILLAGE CENTER DISTRICT BY 20,000 SQUARE FEET FOR A TOTAL OF 50,000 SQUARE FEET; BY INCREASING THE ACREAGE OF LAKES FROM 235" ACRES TO 272 ACRES; BY REMOVING THE 164 ACRES OF GOLF AREA AND ELIMINATING THE 18 -HOLE GOLF COURSE; BY INCREASING THE PRESERVE AREA BY 44 ACRES TO 840 ACRES; BY INCREASING BUFFERS, WATERWAYS, CANAL AND FP &L EASEMENTS FROM 180 ACRES TO 219 .ACRES; PROVIDING FOR ADDITION OF WINDING CYPRESS MASTER PLAN, TRACT B TO EXH113IT A; PROVIDING FOR ADDITION OF EXHIBIT C, BICYCLE AND PEDESTRIAN MASTER PLAN; PROVIDING FOR LIST OF DEVIATIONS; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST QUADRANT OF THE INTERSECTION OF TAMIAMI TRAIL EAST (US 41) AND COLLIER BOULEVARD (CR -951) IN SECTIONS 26, 34 AND 35, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 2 AND 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 1,928 ACRES. IPUDA- PL201200028551 WHEREAS. Developer, DiVosta 1-lomes, LP, represented by Anita Jenkins, AIC:P of 1.R. Evans Engineering, P.A. and Richard Yovanovich. Esquire of Coleman, Yov movich & Koester, P.A. petitioned the Board of County Commissioners to amend the PUD. NOW. THEREI;ORE, BE IT ORDAINED BY T}IE BOARD OF COLTNTY COMMISSIONERS OF COI,I_IER COUNTY, FLORIDA, that: SECTION ONE: Amendment to PUD Document. The PUD Document attached as Exhibit -A-to Ordinance No. 02 -35. as amended, is herebv amended and replaced with the PUD Document attached hereto as Exhibit "A" and incorporated herein. NVinding Cypress PUD Page I oft PUDA- PL20120002855 — Rev. 2!11114 Packet Page -101- 2/25/2014 9.A. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2014. ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form and legality: Heidi Ashton -Cicko Managing Assistant County Attorney Attachment: Exhibit A - PUD Document 0 "] 3-CPS-0 122837 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Winding Cy ress PUD Pa -e 2 of 2 PUDA-PL 20120002855 — Rev. 2/111114 Packet Page -102- TOM HENNING, Chairman 2/25/2014 9.A. WINDING CYPRESS A PLANNED UNIT DEVELOPMENT Approximately 1,928± Acres Sections 26, 34, and 35 Township 50 South, Range 26 East and Sections 2 and 3 Township 51 South, Range 26 East Collier County, Florida PREPARED FOR: DiVosta Homes, LP 2609 G91den Gate PaFkway 24311 Walden Center Drive Suite 300 Suite $9 Bonita Springs FL 34314 PREPARED BY: . J.R. Evans Enoineerina. P.A. 32 Bailee Lane, Suite 23150 Fashion Drive Ste. 242 Naples, F=IeFida Estero, Florida 33928 and Coleman Yovanovich & Koester, P.A. Suite 300 801 Laurel Qak 001 Tamiami Trail North Suite 300 Naples, F-6 34 408 Naples. Florida 34103 DATE FILED 9/2/99 DATE APPROVED BY CCPC 12/2/99 DATE APPROVED BY BCC 12/14/99 ORDINANCE NUMBER 99 -93 DATE AMENDMENT FILED 3/18/02 DATE APPROVED BY CCPC 6/10102 DATE APPROVED BY BCC 6/25102 ORDINANCE NUMBER 02 -35 SCRIVENER'S ERROR CORRECTED 10/8/02 ORDINANCE NUMBER 02-48 DATE APPROVED BY BCC 11/5/09 ORDINANCE NUMBER 09 -61 DATE AMENDMENT FILED 5/10/2013 PUDA- PL20120002855 Winding Cypress PUD Amei Packet Page -103- Page 1 of 46 2/25/2014 9.A. TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, PUDA- PL20120002855 Winding Cypress PUD Ames Packet Page -104- Page 2 of 46 AND GENERAL DESCRIPTION 1 -1 SECTION II PROJECT DEVELOPMENT 2 -1 SECTION III RESIDENTIAL DISTRICT (TRACT A AND TRACT B) 3 -1 SECTION IV VILLAGE CENTER DISTRICT 41 SECTION V GOLF G6WB, G96P GOURSE, AND RECREATIONAL DISTRICT- 5-1 SECTION VI PRESERVE DISTRICT 6-1 SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7-1 EXHIBIT A WINDING CYPRESS MASTER PLAN (Ordinance 02 -35) and WINDING CYPRESS MASTER PLAN, TRACT B EXHIBIT B LEGAL DESCRIPTION EXHIBIT C BICYCLE AND PEDESTRIAN MASTER PLAN EXHIBIT D MAP SHOWNING AMENDMENT AREA PER ORD. 09 -61 EXHIBIT E TYPICAL PATIO OR ZERO LOT LINE SETBACK DETAIL PER ORD 09 -61 EXHBIT F LIST OF DEVIATIONS PUDA- PL20120002855 Winding Cypress PUD Ames Packet Page -104- Page 2 of 46 2/25/2014 9.A. STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Barron Collier Company, Ltd., its successors and assigns (the Developer), to create a Planned Unit Development (PUD) on 1,928± acres of land located in Sections 26, 34, and 35, Township 50 South, Range 26 East, and Sections 2 and 3 Township 51 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Winding Cypress. The development of Winding Cypress will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted there under of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Urban Residential Fringe Subdistrict as identified on the Future Land Use Map as required in Objective 1, of the Future Land Use Element (FLUE). The purpose of the Urban Residential Fringe Subdistrict is to provide transitional density of 1.5 dwelling units per acres, between permitted higher density areas to the west (four units per acre base density) and the agricultural /rural areas to the east (one unit per five acres). 2. The Growth Management Plan qualifies the subject property for a maximum density of 1.5 units per acre, and the Project is planned for a maximum density of 4-1.4 units per acre, subject to the condition that the proposed development shall be fully responsible for all necessary water management improvements, including the routing of all on -site and appropriate off -site water through the project's water management system, and a fair share cost of necessary improvements to the CR 951 canal out -fall system made necessary by new development in the area. 3. The commercial uses within the Village Center District are consistent with the PUD Neighborhood Village Center Subdistrict of the FLUE. 4. Winding Cypress is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 5. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 6. The development of Winding Cypress will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.1-1 and L of the FLUE. 7. Winding Cypress is a large scale functionally interrelated community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC) Planned Unit Development District. SHORT TITLE This Ordinance shall be known and cited as the "WINDING CYPRESS PLANNED UNIT DEVELOPMENT ORDINANCE." PUDA- PL20120002855 Winding cypress PUD Amer Packet Page -105- Page 3 of 46 2/25/2014 9.A. SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of Winding Cypress, and to describe the existing conditions of the property proposed to be developed. 1.2 LEGAL DESCRIPTION The legal description of the Winding Cypress Planned Unit Development property is attached hereto and incorporated by reference herein as Exhibit "B." 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership of Barron Collier Company, L4d—, a Florida General Limited Partnership; and Barron Collier Investments Ltd., whose addresses areis 2600 Golden Gate Parkway, Suite 200, Naples, FL 34105; DiVosta Homes LP. whose address is 24311 Walden Center Drive, Suite 300, Bonita Springs FL 34134 and individual property owners within the DiVosta VeronaWalk Community. Detailed ownership information is provided on the Winding Cypress PUD Amendment Application. 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Sections 26, 34, and 35, Township 50 South, Range 26 East, and Sections 2 and 3 Township 51 South, Range 26 East, and is generally bordered on the west by the C.R. 951 canal, the Florida Water Services borrow pit lakes, C.R. 951, and Lely, A Resort Community PUD; on the north by Sabal Palm Road, a plant nursery, and single family residences; on the east by Agriculturally zoned and unplatted property, the Picayune State Forest, and Naples Reserve Golf Club PUD; and on the south, the U.S. 41 canal, U.S. 41, agriculturally zoned property, Greystone Trailer Park, San Marco Catholic Mission, and a small convenience commercial store. The location of the site is shown on Map A of the Winding Cypress Application for Development Approval. B. The zoning classification of the subject property at the time of the original PUD application was "A" (Rural Agricultural). C. Elevations within the site are approximately 12.0 feet NGVD and a minimum elevation of approximately 4.0 feet NGVD. The site is located in Zone X for the northern half of the project and AE -7 for the southern half of the project (FEMA FIRM Map Panels No. 120067 -061D and 120067- 0620D, dated June 3, 1986). Topographic mapping is shown on Map C of the Winding Cypress Application for Development Approval. D. Previous and existing activities on site are primarily related to agriculture and hunting. The site has been, and is currently used, for cattle grazing and has active hunting leases in place. PUDA- PL20120002855 Winding cypress PUD Amer Packet Page -106- Page 4 of 46 2/25/2014 9.A. E. The soil types on the site generally include Holopaw fine sand, Malabar fine sand, Oldsmar fine sand limestone substratum, Pineda fine sand limestone substratum, and Boca fine sand. Soil Conservation Service mapping of soil types is shown on Map E of the Winding Cypress Application for Development Approval. F. Prior to development, vegetation on site primarily consists of upland, wetland, and exotic species. Detailed vegetation mapping is shown on Map F of the Winding Cypress Application for Development Approval. G. The project site is located within the Henderson Creek sub- basin, as depicted within the Collier County Drainage Atlas (May, 1996). The Stormwater Management Master Plan is shown on Map I of the Winding Cypress Application for Development Approval. 1.5 DEVELOPMENT OF REGIONAL IMPACT Due to its scope, Winding Cypress has been reviewed and approved by Collier County pursuant to Section 380.06, Florida Statutes, as a Development of Regional Impact (DRI). 1.6 DENSITY Winding Cypress is to be developed on 1,928± acres in southeastern Collier County. The number of dwelling units proposed to be constructed is 289 2.854 units. The gross project density, therefore, will be a maximum of 44 1.4 units per acre. PUDA- PL20120002855 Winding Cypress PUD Amer Packet Page -107- Page 5 of 46 SECTION It PROJECT DEVELOPMENT 2.1 PURPOSE 2/25/2014 9.A. The purpose of this Section is to generally describe the plan of development for Winding Cypress, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. Winding Cypress, a master planned community, will include a range of single family and multi- family housing and recreation gel€ �el�- amenities, along with a Village Center, which will provide many services and facilities that support its residents, including, but not limited to club facilities, community meeting rooms, small scale neighborhood commercial goods and services, and a recreation center. B. The Master Plan is illustrated graphically on Exhibit "A" (veMS&P !.,, File We c 85860. A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of adjUStR'4PR*1; at the time 9f Final Plat approval, in accordance with SeGfign 3.244, e€-the LDC. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Winding Cypress shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC and Collier County Growth Management Plan which are in effect at the time of issuance of any development order, to which said regulations relate which authorizes the construction of improvements, such as but not limited to, Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC, that is otherwise applicable, shall apply. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to Division 3. 16, Chapter 6.02.00 Adequate Public Facilities Code of the Collier County Land Development Code. D. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable sections of the Land Development Code remain in effect with respect to the development of the land which comprises this PUD. PUDA- PL20120002855 Winding Cypress PUD Amer Packet Page -108- Page 6 of 46 2/25/2014 9.A. E. All conditions imposed herein are part of the regulations which govern the manner in which the land may be developed. F. Chapter 10.02.04 Reauirements For Plats, of the LDC shall apply to Winding Cypress, except where an exemption is set forth herein, or otherwise granted pursuant to LDC Ees€ien -3.2. G. lien- 34Chagter 10.02.03., Site Development Plans, of the LDC shall apply to Winding Cypress, except where an exemption is set forth herein or otherwise granted pursuant to LDC Seetion -3:3.4 2.4 COMMUNITY DEVELOPMENT DISTRICT A. The Developer may elect to petition to establish a Community Development District (CDD) to provide and maintain infrastructure and community facilities needed to serve the Project. The CDD will constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed Development. Such infrastructure, as will be constructed, managed and financed by such a CDD, shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of Winding Cypress. B. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041, Florida Statutes. Such a district is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval. C. The area of land which will be within a CDD is of sufficient size, is sufficiently compact and is sufficiently contiguous to be developed as one functional inter- related community, and is amenable to separate special district government. Establishment of a CDD is not inconsistent with the Collier County Growth Management Plan. There will not be any incompatibility between systems, facilities and services that may be provided by a CDD and similar systems, facilities and services which may, as of the time of Planned Unit Development zoning approval, be provided by a local or regional governmental entity (both as to capacity and use). A CDD is a legitimate alternative method available for use by private and public sectors under state law to manage and finance basic systems, facilities and services for community development. Any developer obligation in the development order or Planned Unit Development zoning documents may be undertaken alternatively by a CDD if related to the special powers of the CDD. PUPA- PL20120002855 Winding Cypress PUD Amer Packet Page -109- Page 7 of 46 2/25/2014 9.A. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD-of The Developer reserves the right to request substitutions to Code design standards in accordance with Sestien 3.2.7:2Chapter 10.02.04. of the LDC. The Developer retains the right to establish gates, guardhouses, other access controls, signs and monuments (per Section 2.18 of this document) as may be deemed appropriate by the Developer on all privately owned and maintained project roadways. Tract A and Tract B shall be served by separate main entrances security and access control structures, such as pate houses and control gates. A. Roadways within Winding Cypress shall be designed and constructed in accordance with SeGfien 3.2.8 Chapter 6.06.01. of the LDC with the following substitutions: LDC . .Chaoter 6.06.01.0. - Street right -of -way width: The minimum right -of -way width to be utilized for a local street within Winding Cypress shall be forty (40) feet. 2. LDC .Chapter 6.06.01. - Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty -five (35) foot radius for intersections at project entrances. Fire access lanes shall comply with applicable federal, state and /or local codes in effect at the time of final site development plan approval. 3. LDC 3.2.8.4.16.49-Chapter 6.06.01. - Reverse Curves: Tangents shall not be required between reverse curves on any project streets. 4. LDC .Chapter 6.06.01.- Maximum cul- de-sac length shall be 2,700 feet. When islands are to be installed within a cul -de -sac, an inside edge of pavement with a radius of no greater than twenty (20) feet shall be required. Cul -de -sacs shall comply with applicable federal, state and /or local codes in effect at the time of final site development plan approval. B. It is the intent of the developer to create a safe, convenient and attractive pedestrian circulation system throughout Winding Cypress. To enable the design of this system to respond to site specific conditions such as the retention of native vegetation and master plan features, and to avoid the construction of sidewalks which serve no function, flexibility is needed beyond that provided by the LDC. Therefore, sidewalks and bike paths shall conform with Exhbit C, The Bicycle and Pedestrian Master Plan.SeGti ^ �' sx " r''�^ ° 6-06-92 ef the LDC eXGe" fellows PUDA- PL20120002855 Winding Cypress PUD Amer Packet Page -110- Page 8 of 46 2/25/2014 9.A. -- - Mv 7M MUM M. a) the Fight 9f way 6 R shall OnGlude twe twelve feet (42') 4,Aele tFaVel IaReG, VAth two feet (2') GuFb6, and the gFes -asFe. Sh be less than twg of the Sh essity .1 2.6 LAKE SETBACK AND EXCAVATION A. An excavation permit will be required for the proposed lakes in accordance with Divis+en 3.5 Chapter 3.05.10 of the LDC and SFWMD Rules and Ordinance no. 04 -55. The minimum lake setbacks from lakes to roadways shall be 20 feet from the back of the curb to the edge of water. The minimum lake setback from lakes to the Project boundary shall be 20 feet to the edge of the water. B. Upon receipt of -a development excavation permit, all lakes greater than one (1) acre may be excavated to the maximum commercial excavation depths set forth in GeGtieR of the LDC. and Ordinance 04 -55; however, removal of offsite fill and rock from Winding Cypress shall be administratively permitted in an amount up to 10 percent per lake (20,000 cubic yards maximum), unless a commercial excavation permit is issued. C. Commercial excavation and offsite hauling of up to 500,000 cubic yards of rock and fill materials shall be a permitted use within this PUD subject to the receipt of a commercial excavation permit which shall be administratively processed by the Planning Services Director. 2.7 USE OF RIGHTS -OF -WAY Utilization of lands within all internal project rights - of-way for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by the Developer and the designated Collier County staff 121anRing S9FWiGes DiFest for PUDA- PL20120002855 Winding Cypress PUD Ames Packet Page -111- page 9 of 46 2/25/2014 9.A. engineering and safety considerations during the development review process and prior to any installations. 2.8 MODEL HOMES /SALES CENTERS /CONSTRUCTION OFFICES Model homes, sales centers, sales offices, construction offices, and other uses and structures related to the promotion and sale of real estate including, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout Winding Cypress. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of 3.2.6:3.6 the LDC, with the exception that six (6) wet or dry models for each of Tract A and Tract B (total of twelve (12) models) shall be allowed within the projects sales center areas, and the temporary use permit shall be valid through the buildout of the project with no extension of the temporary use required. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 64E -6, and may use potable or irrigation wells. Offices located in permanent structures shall be required to connect to the central utility system at the time it becomes available. 2.9 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Sestief; 2::Z-3:45 the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. The designated Collier County staff shall be authorized to approve minor changes and refinements to the Winding Cypress Master Plan upon written request of the Developer. A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Winding Cypress PUD document. 2. The minor change or refinement shall not constitute a substantial change pursuant to GeGtieR 2.7.3. ._ the LDC. 3. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. B. The following shall be deemed minor changes or refinements: Reconfiguration of lakes, ponds, canals, or other water management facilities, where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Internal realignment of rights -of -ways, other than a relocation of access points to the PUD itself, where water management facilities preservation PUDA- PL20120002855 Winding Cypress PUD Amei Packet Page -112- Page 10 of 46 2/25/2014 9.A. areas, or required easements are not adversely affected or otherwise provided for. 3. Reconfiguration of parcels and - pelf -sere where preservation areas are not adversely affected. 4. Changes due to SFWMD, U.S. Army Corps of Engineers, or other environmental permitting agencies. C. Minor changes and refinements as described above shall be reviewed by designated Collier County Sstaff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the PlaRRing SeFviGes DiFestei4s_admiKistrative consideration for approval. D. Approval by t;e designated Collier County staff of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval; however, such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.10 COMMON AREA MAINTENANCE Most common area maintenance will be provided by a CDD or a property owners' association, or a governmental agency. A CDD is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of a County development approval. For those areas not maintained by a CDD, the Developer shall create a property owners' association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. A CDD or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water management systems and preserves serving Winding Cypress, in accordance with the provisions of Collier County Ordinance No. 90-48 and Resolution No. 90 -292, together with any applicable permits from the South Florida Water Management District. 2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Winding Cypress. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 3:1 2. Ground covered berms 2:1 3. Rip -Rap berms 1 :1 with geotextile mat 4. Structural walled and stacked rock berms - vertical B. Fence or wall maximum height: Ten feet (10), as measured from the finished floor elevation of the nearest residential structure within the development. If a fence or wall is constructed on a landscaped berm which includes materials to minimize the PUDA- PL20120002855 Winding Cypress PUD Ame packet Page -113- Page 11 of 46 2/25/2014 9.A. visual impact of the wall, the wall height shall be measured from the top of berm elevation and shall not exceed eight feet (8) in height. C. Upon submission of a typical cross - section, aerial, plan view, landscape plan and vegetation removal permit application, designated Collier County staffthe- Plannii:ig may approve landscape buffers, berms, fences and walls to be constructed along the perimeter of the Winding Cypress PUD boundary prior to site development plan submittal. Subsequent to construction, all such areas must be included in an easement or tract on final plats, or identified in a separate recorded instrument. D. Fences or walls may be placed zero feet (0') from internal rights -of -way, provided that shrubs are provided in the rights -of -way, pursuant to Section 2.7 of this PUD Document, and may be located five feet (6) from project perimeter, and two feet (2') from a preserve area. E. Fences and walls which are an integral part of security and access control structures, such as gate houses and control gates, shall be subject to the height limitations for principal residential structures. In the case of access control structures within rights -of -way adjoining two or more different districts, the more restrictive height standard shall apply. F. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, signs and utilities are permitted in landscape buffers/easements. G. Landscape berms located within the Winding Cypress PUD boundary and contiguous to a property line and /or right -of -way line may be constructed such that the toe of slope is located on the property line or within a right -of -way when approved by the applicable owner or agency. H. Internal recreational and community facilities do not require perimeter buffers. 2.12 CLEARING AND FILL STORAGE Fill storage is generally permitted as a principal use throughout Winding Cypress. Fill material may be transported and stockpiled within areas which have been disturbed (farmed) or are shown as development areas on a Subdivision Plat. Prior to stockpiling in these locations, the Developer shall provide written notification notification to the desionated Collier Countv staff. - mast -9 PUDA- PL20120002855 winding Cypress PUD Amef Page 12 of 46 Packet Page -114- w w r PUDA- PL20120002855 winding Cypress PUD Amef Page 12 of 46 Packet Page -114- 2/25/2014 9.A. The following standards shall apply for all stockpiling on -site: A. Stockpile maximum height: forty-five feet (45') B. Stockpile maximum slide slopes: 2:1 C. Stockpiles areas in excess of ten feet (10') in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1). D. Soil erosion control shall be provided in accordance with LDC, Division 3.7. E. This section (Section 2.12) substitutes for the LDC seGties Chapter 4.06.04. 2442.13 AGRICULTURAL ACTIVITIES The site is currently undeveloped or used for cattle grazing purposes, and associated and accessory uses thereto. These existing agricultural uses shall be permitted to continue throughout the project site and will be phased out as development occurs within individual parcels. 2462.14 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Winding Cypress PUD except in the Preserve Areas, unless specifically permitted in Section VI of this PUD Document. General permitted uses are those uses which generally serve the residents of Winding Cypress and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: Essential services as set forth under LDC, S°^}i^^'.6.°.' - 2. Water management facilities and related structures. PUDA- PL20120002855 Winding Cypress PUD Amer Packet Page -115- Page 13 of 46 2/25/2014 9.A. 4.3. Lakes, including lakes with bulkheads or other architectural or structural bank treatments. 5.4. Guardhouses, gatehouses, and access control structures. 6.5. Community and neighborhood parks, trails and recreational facilities. -7.6. Temporary construction, sales, and administrative offices for the Developer and authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8.7. Landscape /hardscape features including, but not limited to, landscape buffers, berms, fences, water features and walls subject to the standards set forth in Section 2.11 of this PUD. 8.8. Fill storage, site filling and grading are subject to the standards set forth in Section 2.12 of this PUD, except within Preserve areas. 44.9. Any other use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the Land Development Code at the time of the request for such use. B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to principal structures: 1. Guardhouses, gatehouses, signage and landscape features, and access control structures shall have no required setback. 2. Setback from property lines: Front: ten feet (10') Side: five feet (5) Rear: ten feet (10') 3. Minimum distance between structures which are part of an architecturally unified grouping - five feet (5'). 4. Minimum distance between unrelated structures - ten feet (10'). 5. Maximum height of structures - thirty -five feet (35'). 6. Minimum floor area - None required. 7. Minimum lot or parcel area - None required. 8. Sidewalks and bikepaths may occur within County required buffers, however, the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath or cartpath. PUDA- PL20120002855 Winding Cypress PUD Amer Page 14 of 46 Packet Page -116- 2/25/2014 9.A. 9. Standards for parking, landscaping, signs and other land uses where such standards are not specked herein or within Winding Cypress development standards, are to be in accordance with the LDC provision in effect at the time this PUD is approved. 2462.15 OPEN SPACE REQUIREMENTS The PUD Master Plan identifies approximately 8407N acres in the wetland /upland preservation and enhancement areas which includes all agency - required buffers. In addition, there are lakes, recreation, buffer and open spaces areas. These areas, in conjunction with open space areas included within the Residential District, fully satisfy the open space requirements of SestieR 2.6.32Chapter 4.02.01 of the LDC for mixed use development. All acreages identified on the master plan are conceptual, and the Developer reserves the right to modify the land use boundaries, so long as the requirements of Sestien 2- 6.32Chagter 4.02.01. of the LDC are met. This is not to be construed to enable the reduction of any area which was specifically set aside in the application for development approval for preservation, pursuant Chapter 380.06, Florida Statutes. 24q2.16 NATIVE VEGETATION RETENTION REQUIREMENTS The 840796± wetland /upland preservation and enhancement areas on site fully satisfy the requirements of Sest+en- 3.9.5. Chapter 3.05.04. through Chapter 3.05.07. of the Collier County Land Development Code. 2492.17 SIGNAGE A. GENERAL All Collier County sign regulations in force at the time of approval shall apply unless such regulations are in conflict with the conditions set forth in this section, in which case the PUD Document shall govern. 2. For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. 3. Should any of the signs be requested to be placed within a County dedicated right -of -way, a right -of -way permit must be applied for and approved, except for signage pertaining to and /or facilitating traffic movements. 4. All signs shall be located so as not to cause sight line obstructions. 5. All internal project rights -of -way may be utilized for decorative landscaped entrance features and signage, subject to review and approval from the Planning Services Department for consistency with the requirements set forth herein and applicable provisions of the LDC. PUDA- PL20120002855 Winding Cypress PUD Amei Packet Fagg -117- Page 15 of 46 2/25/2014 9.A. 6. Signs may be allowed in landscape buffers/easements. 7. Entrance and boundary markers may be placed prior to subdivision approval, provided a building permit for the markers is obtained prior to placement. B. BOUNDARY MARKERS One boundary marker or monument may be located at the northwest, southwest, and southeast property corners. The boundary marker may contain the name of the community, and the insignia or motto of the Development. 2. The sign face area may not exceed 60 square feet and may not exceed the height or length of the monument upon which it is located. If the sign is two- sided, each sign face may not exceed 60 square feet in area. 3. Sign face area is calculated by total square footage of name, insignia, and motto only. 4. The setback for the signs from C.R. 951 and U.S. 41 rights -of -way and any perimeter property line shall be 5 feet. Boundary marker signage shall be ground mounted and the sign structure is limited to a maximum height of eight feet (8'). C. PROJECT ENTRANCE SIGNS 1. One ground or wall- mounted entrance sign may be located on both sides of each entrance right -of -way and in the entry median. Such signs may contain the name of the subdivision, and the insignia or motto of the Development. 2. No sign face area may exceed 125 499 square feet and the total sign face area of Entrance Signs may not exceed 300 288 square feet. The square foot calculation does not include aesthetic appurtenances, such as walls, wrought iron fence, and other decorative elements. If the sign is a single, two -sided sign, each sign face may not extend beyond 125499 square feet in area. The sign face area shall not exceed the height or length of the wall -or monument upon which it is located. The setback for the signs from C.R. 951 and U.S. 41 rights -of -way and any perimeter property line shall be 5 feet. 4. Entrance sign script may not exceed a height of 15 feet and the total sign shall not exceed a height of 20 feet above the lowest centerline grade of the nearest public or private right -of -way or easement to the uppermost part of the sign structure. For the purpose of this provision, finished grade shall be considered to be no greater than the highest crown elevation of the nearest road. PUDA- PL20120002855 Winding Cypress PUD Amet Packet Page -118- Page 16 of 46 2/25/2014 9.A. D. INTERNAL SIGNS 1. Residential and community facilities entrance signs may be located on both sides of the neighborhood entrance street and within the entry median. Setbacks from internal road rights -of -way shall be no less than 5 feet. Such signs may be used to identify the location of neighborhoods, club house, recreational areas and other features within Winding Cypress. Individual signs may be a maximum of 64 square feet per sign face area. Such sign script may have a maximum height of 8 feet. No building permit is required. Directional or identification signs may be allowed internal to the subdivision. Such signs may be used to identify the location or direction of approved uses such as sales centers, model centers, recreational uses, information centers, or the individual components of the development. Individual signs may be a maximum of 4 square feet per side or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 24 square feet per side and a maximum height of 8 feet. 3. Real estate signs with a maximum size of 4 square feet per side in residential districts. Such signs may advertise "For Sale," "Sold To," and /or "Lot #." No building permit is required. 4. Special Event signs not exceeding 32 square feet per side in size may be displayed to announce or advertise such temporary uses as open houses, community fairs or programs or any charitable, educational event. Such sign shall be located no closer than 15 feet to any property line. No building permit is required. 5. Grand Opening signs: The developer may display an on -site grand opening sign not exceeding 32 square feet on a side, and not exceeding 64 square feet total. The banner sign shall be anchored and may be displayed on -site for a period not exceeding 14 days within the first three months that the occupant is open for business. E. TRAFFIC SIGNS Traffic signs, such as street signs, stop signs, and speed limit signs, may be designed to reflect a common architectural theme. The placement and size of the signs shall be in accordance with FDOT criteria. F. TEMPORARY SIGNS Temporary signs may be permitted, and may consist of the following types: project identification and directional (internal and external); real estate and sales center identification (internal only). PUDA- PL20120002855 Winding Cypress PUD Amer Packet Page -119- Page 17 of 46 2/25/2014 9.A. Each sign may not exceed 80 square feet in area. If the sign is two - sided, each sign face may not exceed 80 square feet in area. 3. The setback for temporary signs from U.S. 41 and C.R. 951 rights-of- way, and any perimeter property line shall be 10 feet. 4. Temporary signs may not exceed 15 feet in height above the lowest centerline grade of the nearest public or private right -of -way or easement to the uppermost part of the sign structure. Temporary signs may remain in place simultaneously with permanent signage until the project reaches 75% build -out. 6. Temporary signs may be permitted subject to the requirements outlined above. The erection of any temporary sign shall require permitting as established within sestoen 2.5.1 Chapter 10.02.06. of the LDC. G. CONSTRUCTION ENTRANCE SIGNS 1. One sign, with a maximum of 20 square feet in size, may be located at each construction entrance, to identify the entrance as such. No building permit is required. 2. Employment signs with a maximum of 20 square feet in size, may be located at each construction entrance, to advertise for construction trades. No building permit is required. H. COMMERCIAL SIGNS Wall, mansard, canopy or awning signs: One wall, mansard, canopy or awning sign may be permitted for each single- occupancy parcel, or for each establishment in a multiple- occupancy parcel. Corner units within multiple- occupancy parcels, or multi- frontage single- occupancy parcels shall be allowed one sign per street frontage, but such signs shall not be combined for the purpose of placing the combined area on one wall. In addition, outparcels within the Town Center may be allowed one additional wall sign facing the Town Center if the additional sign is not visible from any road right -of -way. However, the combined area of those signs shall not exceed the maximum allowable display area for signs by this ordinance. a) The maximum allowable display area for signs may not be more than 20 percent of the total square footage of the wall of the building to which the sign will be attached. 2. Pole signs: Two (2) pole signs are permitted for each internal street, provided there is a 500 foot separation between such signs. a) Maximum allowable sign area: 100 square feet per side, if two - sided PUDA- PL20120002855 Winding Cypress PUD Amer Page 18 of 46 Packet Page -120- 2/25/2014 9.A. b) Maximum allowable height: 20 feet C) Setbacks: 10 feet from any right -of -way or property line d) Spot or floodlights may be permitted provided said light shines only on the signs and is shielded from motorists and adjacent residents. 3. Projecting signs: Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. a) Projecting signs shall not project more than four feet from the building wall to which it is attached. b) Projecting signs shall not extend above the roofline of the building to which it is attached. C) Projecting signs shall not project into the right -of -way. d) Projecting signs which project over any pedestrian way shall be elevated to a minimum height of 8 feet above such pedestrian way. 4. Under - canopy signs: In addition to any other sign allowed by this ordinance, one under - canopy sign may be allowed for each establishment in the Town Center. This sign may not exceed 6 square feet in area and shall be a minimum of eight feet above finished grade. PUDA- PL20120002855 Winding Cypress PUD Amer Page 19 of 46 Packet Page -121- SECTION III RESIDENTIAL DISTRICT (TRACT A AND TRACT B) 3.1 PURPOSE 2/25/2014 9.A. The purpose of this Section is to identify permitted uses and development standards for areas within Winding Cypress designated on the Master Plan as "R," and located in Tract A and Tract B. 3.2 MAXIMUM DWELLING UNITS A maximum number of 24N 2.854 single family and multifamily residential dwelling units may be constructed on lands designated "R." 3.3 GENERAL DESCRIPTION The Residential District is designed to accommodate a full range of residential dwelling types, compatible non - residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" District is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate, Actual acreages of all development tracts will be provided at the time of Site Development Plan eF - Rr9lhMiAaFY Subd*Y5s;9R Plat in accordance with Divisign 3.3, and Divisien ,Fespei;Wely, of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, recreational facilities and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses in Tract A and Tract 6: 1. Single Family Detached Dwellings 2. Single Family Patio and Zero Lot Line Dwellings 3. Single Family Attached, Duplex, and Townhouse Dwellings 4. Multi - Family Dwellings including Garden Apartments 5. Assisted Living Facilities /Congregate Care 6. Maintenance Facilities 7. Model Homes, Sales Centers, including administrative offices and construction offices PUDA- PL20120002855 Winding Cypress PUD Amer Page 20 of 46 Packet Page -122- 2/25/2014 9.A. 8. Any other principal use, which is comparable in nature with the forgoing uses, and is approved through the process set forth in the Land Development Code at the time of the request for such use. B. Accessory Uses and Structures in Tracts A and B: 1. Guest houses. 2. Accessory uses and structures customarily associated with principal uses permitted in this District, including neighborhood community recreational facilities. 3. Any other accessory use, which is comparable in nature with the forgoing uses, and is approved through the process set forth in the Land Development Code at the time of the request for such use. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the "R" District, Tract A and Tract B. G-B. Site development standards for single family attached and detached, patio, zero lot line, two- family, and townhouse uses apply to individual residential lot boundaries. Multi- family standards apply to platted parcel boundaries. B-C. Standards for parking, landscaping, signs and other land uses, where such standards are not specified herein or within adopted Winding Cypress design guidelines and standards, are to be in accordance with the LDC in effect at the time of Site Development Plan approval OF PFeliFFIiRaFY SUbdiYi6i9A Plat appfe . Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 1= D. Development standards for uses not specifically set forth in Table I and .,cable 11 shall be established during Site Development Plan Approval as set forth in Aisle 3, Divisiee 3.3. of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. F--. E. Required property development regulations may be approved that are different than those set forth in Table I and Table -11, subject to the requirements of Seetiep 2.6.27 efthe LDC. G-F. The Collier County Public Works Division shall allow the installation of potable water and irrigation water service connections to distribution mains during construction of the single family subdivision utilities. The installation will be scheduled upon application and payment of fees by the property owner, its successors and /or assigns. The installation will be in accordance with the approved plans and specifications, current policies and procedures, and performed PUDA- PL20120002855 Winding Cypress PUD Amer Packet Page -123- Page 21 of 46 2/25/2014 9.A. by the Developer's contractor. The contractor must be approved for the installation by the Collier County Public Works Division. Fees will be determined in accordance with the impact fee ordinance in effect at the time of application. N-.G. Assisted living facilities/congregate care facilities are limited to a Floor Area Ratio (FAR) of 0.45. For the purpose of calculating density when assisted living facilities/congregate care facilities are developed, each such facility's dwelling unit shall be considered to be equal to .33 residential dwelling units. A maximum of 100 residential units may be converted to assisted living facilities /congregate care facilities. PUDA- PL20120002855 Winding Cypress PUD Amer Page 22 of 46 Packet Page -124- 2/25/2014 9.A. TABLE WINDING CYPRESS DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS - TRACT A and TRACT B General Notes: For any lot or parcel which is served by both a street and an alley, the lot line adjacent to the alley shall be treated as a rear lot line, and the setback shall be measured from the edge of pavement. The alley easement shall be a minimum of 20' wide, with 10' pavement. Common architectural features such archways, arbors, and courtyard entry features shall be exempt from the minimum yard requirements listed above. Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be applied by the Customer Services Department during an application for a building permit. For all patio or zero lot line units, a conceptual exhibit showing typical building configuration shall be submitted to Customer Services Department with the application for the first building permit. The conceptual exhibit may be modified as needed. All distances are in feet unless otherwise noted. With approval from the Developer, front yards shall be measured as follows: A. if the parcel is served by a public right -of -way, setback is measured from the adjacent right- of-way line. Sidewalks shall be located in the right -of -way. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). '1 This setback shall be reduced to 10' for side entry garages, front porches, and combination front porch/front entry garages. '2 The side comer setback shall be the same as the required front principal structure setback. *3 Height shall be measured from the first habitable finished floor elevation of the unit. *4 Setback to be measured from edge of pavement or back of curb, whichever is applicable, of road that serves the unit. *5 Side yard setback shall be either 0' on one side and 10' on the other, or 3' -1" on one side and 6' -11' on the other. For those structures to be constructed within the hatched area of Tract A as depicted on the €ellewiRg graphisExhibit D, side yard setback shall be either 0' on PUDA- PL20120002855 Winding Cypress PUD Amer Packet: Page -125- Page 23 of 46 SINGLE PATIO & TWO SINGLE FAMILY MULTI- FAMILY ZERO LOT FAMILY & ATTACHED & FAMILY-' DETACHED LINE DUPLEX TOWN HOUSE Minimum Site Area 2,800 SF 2,800 SF 3,500 SF 2,200 SF 12,000 SF Minimum 35' 35' 35' 20' 100' Site Width Minimum 65' 65' 100' 40' 90' Site Depth Minimum Front Yard Setback' —' 15' *1 15'*' 15' ' 15' .4 15' .4 (Principal and Accessory) Minimum Rear Yard Setback r12 10' 10' 10' 10' 20' (Principal) Minimum Side Yard Setback 5' *5 5' 5' 75 (Principal) • *2 Minimum Side Yard Setback 5' 5' 5' v 5' (Accessory) --2 Minimum Rear Yard Setback *12 5' S 5' 51' 10' (Accessory) Maximum Hei ht 35' 35' 35' 50' 50' Distance Between N/A N/A N/A 10' 15' Principal Structures Minimum Floor Area 900 SF 900 SF 900 SF 750 SF 750 SF General Notes: For any lot or parcel which is served by both a street and an alley, the lot line adjacent to the alley shall be treated as a rear lot line, and the setback shall be measured from the edge of pavement. The alley easement shall be a minimum of 20' wide, with 10' pavement. Common architectural features such archways, arbors, and courtyard entry features shall be exempt from the minimum yard requirements listed above. Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be applied by the Customer Services Department during an application for a building permit. For all patio or zero lot line units, a conceptual exhibit showing typical building configuration shall be submitted to Customer Services Department with the application for the first building permit. The conceptual exhibit may be modified as needed. All distances are in feet unless otherwise noted. With approval from the Developer, front yards shall be measured as follows: A. if the parcel is served by a public right -of -way, setback is measured from the adjacent right- of-way line. Sidewalks shall be located in the right -of -way. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). '1 This setback shall be reduced to 10' for side entry garages, front porches, and combination front porch/front entry garages. '2 The side comer setback shall be the same as the required front principal structure setback. *3 Height shall be measured from the first habitable finished floor elevation of the unit. *4 Setback to be measured from edge of pavement or back of curb, whichever is applicable, of road that serves the unit. *5 Side yard setback shall be either 0' on one side and 10' on the other, or 3' -1" on one side and 6' -11' on the other. For those structures to be constructed within the hatched area of Tract A as depicted on the €ellewiRg graphisExhibit D, side yard setback shall be either 0' on PUDA- PL20120002855 Winding Cypress PUD Amer Packet: Page -125- Page 23 of 46 2/25/2014 9.A. '5 Side yard setback shall be either 0' on one side and 10' on the other, or 3' -1" on one side and 6' -11" on the other. For those structures to be constructed within the hatched area of Tract A as depicted on the feNewirag- graphisExhibit D, side yard setback shall be either 0' on one side and 10' on the other, or a minimum of 3' -1" as long as the total distance between structures is a minimum of 10 feet,7- depicted on Exhibit E. '6 Accessory Pool Enclosure /screen lanai setback may be reduced to 0' when attached to privacy wall. `7 Accessory Pool Enclosure /screen lanai setback from Lake Maintenance Easement may be reduced to 0' provided architectural bank treatment is incorporated '8 A Patio Home is a detached or semi - detached unit for a single family with one (1) dwelling unit from ground to roof wherein each dwelling unit lot is enclosed by a wall located at the lot line, thus creating a private yard between the house and the wall `9 Multi - family shall include multi - family units as defined in Collier County LDC and assisted living facilities /congregate care facilities. 12 Setbacks from Henderson Creek shall be 32' from the County easement of which a 22' buffer adiacent to Henderson Creek shall remain in native vegetation No portion of the County easement for Henderson Creek will be cleared PUDA- PL20120002855 Winding Cypress PUD Amer Packet Page -126- Page 24 of 46 2/25/2014 9.A. PUDA- PL20120002855 Winding cypress Pu0 Amer Packet Page -127- Page 25 of 46 SECTION IV VILLAGE CENTER DISTRICT 4.1 PURPOSE 2/25/2014 9.A. The purpose of this Section is to identify permitted uses and development standards for areas within Winding Cypress designated on the Master Plan as "VC." 4.2 MAXIMUM SQUARE FOOTAGE The Village Center area designated for small scale retail, offices and service facilities shall not exceed 15 acres These uses may be combined with recreational facilities, other amenities internal roadways.- open space and water management facilities for a total of 17 acres. A maximum of 30,009- 50,000 square feet of gross floor area, including retail, office, service and recreational uses may be constructed on lands designated "VC." 20.000 square feet remains to be built in Tract B. 4.3 GENERAL DESCRIPTION The approximate acreage of the Village Center District is indicated on the Master Plan. The Village Center portion of this District shall be consistent with the requirements of the Growth Management Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan 9F PFeliminaFy Subdoyisies Plat appFe in accordance with Divisiea 3.3, and the LDC. The Village Center tracts areis designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses. The Village Center within Tract B shall be located within a 5,000 foot radius of 80% of the residents within Tract B See Exhibit E List of Deviations. Bicycle and pedestrian facilities throughout the community will be designed in accordance with Exhibit C. Bicycle and Pedestrian Plan to create a pedestrian friendly environment. 4.4 PERMITTED USES AND STRUCTURES 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: 1. Accounting, Auditing and Bookkeeping Services (Group 8721). 2. Automatic Teller Machines (Group 3578). 3. Amusements and Recreation Services - Indoor (Groups 7911 -7929, 7991, 7993, 7997). 4. Apparel and Accessory Stores (Groups 5611- 5699). 5. Gasoline Service Stations (Group 5541), no repairs, permitted in Tract A only. PUDA- PL20120002855 Winding Cypress PUD Amer Packet Page -128- Page 26 of 46 2/25/2014 9.A. 6. Automotive Carwashes (Group 7542), except bus and truck washing. 7. Business Services (Groups 7334, 7349). 8. Eating and Drinking Places (Groups 5812 -5813) except drive - through. 9. Food Stores (Groups 5411- 5499). 10, General Merchandise Stores (Groups 5331- 5399). 11. Miscellaneous Retail (Groups 5912 -5963, 5992 - 5999). 12. Personal Services (Groups 7211, 7212, 7215, 7216 non - industrial dry cleaning only, 7217, 7219 -7251, 7291 - 7299). 13. Real Estate (Groups 6512, 6531, 6541). 14. Recreation Services (Group 7911) 15. Residential uses as set forth in Section 3.4 of this document including residential units integral to Town Center structure(s) and as free - standing uses. Free - standing residential uses shall comply with the development standards set forth in Section 3.5. 16. Travel Agencies (Groups 4724 and 4725) 17. United States Postal Service (Group 4311 except major distribution center). 18. Video Tape Rental (Group 7841). 19. Recreation maintenance facilities. No hazardous chemicals may be stored on site within Tract B. 20. All uses herein allowed in Section V Recreational Districts and Aany other principal use, which is comparable in nature with the forgoing uses, and is approved through the process set forth in the Land Development Code at the time of the request for such use. B. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with principal uses permitted in this District. 2. Customary accessory uses include, but are not limited to, recreational facilities that serve as an integral part of the permitted uses, such as pool, tennis facilities, parks, playgrounds and playfrelds, fitness centers, meeting rooms. Any other accessory use, which is comparable in nature with the forgoing uses, and is approved through the process set forth in the Land Development Code at the time of the request for such use. 4.5 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Twenty -five feet (25') minimum or one -half the building height, whichever is greater. 2. Side Yard: Fifteen feet (15'). 3. Rear Yard: Fifteen feet (15'). 4. Any yard abutting a residential parcel: Twenty -five feet (25'). 5. Setback from a lake for all principal and accessory uses may be zero feet (0) provided architectural bank treatment is incorporated into the design. PUDA- PL20120002855 Winding Cypress PUD Amer Packet Page -129- Page 27 of 46 2/25/2014 9.A. B. Maximum height of structures - Fifty feet (50'); except clock towers or similar architectural features, which shall be permitted up to seventy -five feet (75'). C. Minimum distance between principal structures - Fifteen feet (15') or separation required by local fire code. D. Minimum distance between principal and accessory structures - Ten feet (10'). E. Minimum floor area - Seven hundred (700) square feet gross floor area on the ground floor. F. Minimum lot or parcel area - Ten thousand (10,000) square feet. G. Minimum lot width - Seventy five feet (75'). H. Except for residential uses, parking for any and all uses and structures constructed in the Village Center District: one (1) space per 200 square feet of principal building area. 1. Standards for landscaping and other land uses where such standards are not specified herein or within adopted Winding Cypress design guidelines and standards, are to be in accordance with LDC in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. J. Development standards for accessory uses and structures shall be as required by the LDC in effect at the time of at the time of Site Development Plan Approval. PUDA- PL20120002855 Wrnding Cypress PUD Ames Page 28 of 46 Packet Page -130- 2/25/2014 9.A. SECTION V GOLF CLUB, GOLF , RECREATIONAL DISTRICTS 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Winding Cypress designated on the Master Plan as "G" "REC "- Recreational. 5.2 GENERAL DESCRIPTION Areas designated as- G— a;;d -'REC" on the Master Plan are designed to accommodate a recreational and open space uses, as well as to provide lands for community - related ancillary uses and essential services. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 271. Tennis clubs, health spas, eauestrian clubs, aquatic centers, and other recreational clubs to serve residents. 3.2. Proiect information and sales centers. 4.3. Community , maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utilities pumping facilities and pump buildings, utility and maintenance staff offices. &4. Public administration facilities. 6-5. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. 7-6. Shuffleboard courts, tennis courts, swimming pools, playgrounds, basketball courts, bocce ball areas, and all other types of facilities intended for outdoor recreation. 9J. Any other principal use, which is comparable in nature with the forgoing uses, and is approved through the process set forth in the Land Development Code at the time of the request for such use. PUDA- PL20120002855 winding Cypress PUD Amen Page 29 of 46 Packet Page -131- 2/25/2014 9.A. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the principal uses permitted in these Districts. 1 , f 3.2. Retail establishments accessory to the permitted uses of these Districts such as, but not limited to -gel€; tennis, and recreational related sales. 4.3. Restaurants, cocktail lounges, and similar uses intended to serve club members and club guests. 5-4. Telecommunications facilities. 6-5. Any other accessory use, which is comparable in nature with the forgoing uses, and is approved through the process set forth in the Land Development Code at the time of the request for such use. 5.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements for Principal Structures: 1. Front Yard: Twenty -five feet (25') minimum or one -half the building height, whichever is greater. 2. Side Yard: Fifteen feet (15'). 3. Rear Yard: Fifteen feet (15'). 4. Any yard abutting a residential parcel: Twenty -five feet (25'). 5. Setback from a lake for all principal and accessory uses may be zero feet (0) provided architectural bank treatment is incorporated into the design. B. Minimum Yard Requirements for Accessory Structures: 1. Front Yard: Twenty feet (20') minimum or one -half the building height, whichever is greater. 2. Side Yard: Ten feet (10'). 3. Rear Yard: Ten feet (10'). 4. Any yard abutting a residential parcel: Twenty feet (20'). 5. Setback from a lake for all principal and accessory uses may be zero feet (0) provided architectural bank treatment is incorporated into the design. C. Maximum height of structures - Fifty feet (50'). D. Minimum distance between principal structures - Fifteen feet (15') or separation required by local fire code, whichever is greater. E. Minimum distance between principal and accessory structures - Ten feet (10'). PUDA- PL20120002855 Wnding Cypress PUD Amer Packet Page -132- Page 30 of 46 2/25/2014 9.A. F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. H. Minimum distance between all other accessory structures - Ten feet (10'). I. Parking for the community center /clubhouse shall be one space per every two hundred (200) square feet of gross floor area of principal structures, which shall be considered inclusive of required parking for golf all other recreational uses. J. Standards for parking, landscaping, signs and other land uses, where such standards are not specified herein or within adopted Winding Cypress design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. PUDA- PL20120002855 Winding Cypress PUD Amen packet Page -133- Page 31 of 46 SECTION VI PRESERVE DISTRICT 6.1 PURPOSE 2/25/2014 9.A. The purpose of this Section is to identify permitted uses and development standards for areas within Winding Cypress designated on the Master Plan, as "P." 6.2 GENERAL DESCRIPTION Areas designated as Preservation Area on the Master Plan are designed to accommodate conservation interpretive /educational trails and permitted water management uses and functions. No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Passive recreational areas, boardwalks, wildlife observation platforms, ge# cart paths and nature trails (elevated and at grade), and gazebos. 2. Biking, hiking, nature and equestrian trails (excluding asphalt paved trails in wetlands). 3. Water management facilities as permitted by SFWMD. 4. Temporary construction access road as permitted by SFWMD needed to constructed Preserve District uses. 5. Utility or roadway crossings. 6. — F-enres and walls. 6. Constructed wading bird pools, as approved through project- specific SFWMD and U.S. Army Corps permits. PUDA- PL20120002855 Winding Cypress PUD Amer Packet Page -134- Page 32 of 46 2/25/2014 9.A. LLM 6:6.4 PRESERVE DISTRICT CONSERVATION EASEMENT A non - exclusive conservation easement or platted tract, whichever is applicable, is required for preservation lands included in the Preservation DistrictArea. The Developer shall be responsible for the control and maintenance of lands within the Preservation DistrictAFea. PUDA- PL20 1 2 0 002 85 5 Winding Cypress PUD Amer Page 33 of 46 Packet Page -135- SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7.1 PURPOSE 2/25/2014 9.A. The purpose of this Section is to set forth the general development commitments of the Developer within Winding Cypress. 7.2 GENERAL All facilities shall be constructed in accordance with the final site development plans, the final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except where specifically noted or otherwise set forth in this document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this Project, except as otherwise set forth herein. In addition, the Master Plan and the regulations of the PUD document, as adopted, along with any other specific conditions or stipulations as may be agreed to in the rezone hearing before the Board of County Commissioners, shall control and be applicable to development of the subject property. The Developer shall be bound by said documents, commitments, and stipulations. 7.3 MONITORING REPORT One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close -out of the PUD, and this entity shall also be responsible for satisfyina all PUD commitments until close -out of the PUD. At the time of this PUD approval, the Managing Entity is Barron Collier Company. Should the Managinq Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. PUDA- PL20120002855 Winding Cypress PUD Amen Page 34 of 46 Packet Page -136- 2/25/2014 9.A. 7.4 TRANSPORTATION A. The Developer shall provide a fair share contribution toward the capital cost of a traffic signal at the project entrances onto CR 951 (North- South) and US 41 (East - West) when deemed warranted by Collier County. The signal shall be owned, operated and maintained by Collier County. B. Connection permits shall be required for all temporary construction access points. Such permits shall require any necessary auxiliary lanes and apron paving to be constructed prior to the use of any temporary access point. C. Within 180 days of the County's written request, the Owner shall convey to the County a road easement for the road right of way needed for a section of Benfield Road up to a width of 140 feet free and clear of all liens and financial encumbrances. The road right of way shall be adiacent to the Picayune State Forest and shall be in the location identified on the PUD Master plan. The length of proposed 140' ROW reservation is approximately 6,000', extending aporoximately 830' north of the Hacienda takes PUD southern section line and approximately 650' south of the Picayune State Forest southern section line. The County acknowledges that the area in which the road reservation is located is designated preserve on the PUD Master Plan and is required to be _a conservation area for purposes of the project obtaining required state and federal permits. The County has agreed to be responsible for all permitting and construction costs, including but not limited to noise mitigation, and mitigation costs associated with permitting and constructing Benfield Road. The Owner and Developer shall not be responsible to obtain or modify any state or federal permits related to the extension of Benfield Road. Upon recordation of the road easement in the public records of Collier County, the Owner shall be paid for the fair market value of the road easement. The Developer shall disclose (in writing) to all property buyers within 300' of the reserved 140' Benfield Road corridor of their proximity to the future roadway corridor. 7.5 WATER MANAGEMENT A. A South Florida Water Management District (SFWMD) Environmental Resource Permit will be required and obtained. PUDA- PL20120002855 Winding Cypress PUD Amer Page 35 of 46 Packet Page -137- 2/25/2014 9.A. 747.6 UTILITIES PUDA- PL20120002855 Winding Cypress PUD Amen Packet Page -138- Page 36 of 46 2/25/2014 9.A. A. Mains and force mains shall not meander into the paved portion of the road rights -of -way but may cross beneath road rights -of -way at angles, where necessary, to emerge on the opposite side During the final utility design deviations may be approved by the Calder County Utilities Department or the Hearing Examiner. B. For the County owned potable water mains and forcemains located within a 50 foot R,O.W. /C.U.E. serving single family residential parcels, the potable water main will be located a minimum 7.5 feet off the back of curb (BOC) and the forcemain will be located a minimum 5 feet off the BOC. The minimum distance from the BOC to the right -of -way line will be 13 feet. G C. For the County owned potable water mains located within a 40 foot R.O.W /C.U.E. serving single family residential parcels, the potable water main will be located a minimum 5.0 feet off the back of curb. The minimum distance from the BOC to the right -of -way line will be 8 feet. #-D_ For the County owned potable water mains and forcemains located along the main roadway, the potable water main will be located a minimum 7.5 feet off the back of PUDA- PL20120002855 Winding Cypress PUD Amer Packet Page -139- Page 37 of 46 curb (BOC) and the forcemain will be located a minimum 5 feet off the BOC. For the loop roadway section without a median, the minimum distance from the BOC to the right -of -way line will be 15 feet. For the main roadway section with a median, the minimum distance from the BOC to the right -of -way shall be 13 feet. 4-E. Irrigation water will be provided with a separate non - Collier County owned distribution system supplied by on -site wells, reclaimed water and /or other non - potable sources. All irrigation water source permitting shall be coordinated with SFWMD. The irrigation water distribution main may be located within the right -of- way /County utility easement/public utility easement/drainage easement, as applicable, for the main roadway. The Collier County Public Works Department will not be responsible for the repair, replacement, and /or maintenance of said irrigation main nor shall the Collier County Public Works Department be responsible for any associated above - ground restoration. F The Owner will provide a potable water stub out at the eastern most point of the proiect in order to loop the system with Naples Reserve at such time that both systems have been constructed to their respective connection point. G The Owner will provide a 20' easement to Marco Island Utility, when needed. The approximate location is shown on the Winding Cypress Master Plan, Tract B. H The Owner will provide Marco Island Utilities access to Henderson Creek over the entryway. X7.7 ENGINEERING A. Design and construction of all improvements shall be subject to compliance with the designated provisions of the Collier County Land Development Code, Division 3.2 Chapters 4.03.00 and 10.02.04. B. Work within Collier County right -of -way shall meet the requirements of the Collier County Right -of -Way Ordinance No. 93 -64. 7-87.8 POLLING PLACES A. Pursuant to Chapter 2.01.04, of the LDC, provisions shall be made for the purpose of accommodating the function of an electoral polling place if deemed necessary by the Supervisor of Elections. PUDA- PL20120002855 Winding Cypress PUD Amei Packet Page -140- Page 38 of 46 xr` 9 J 7 J J J J A n i 1 7 7 D n n D 7 b 3 D 3 1 D D a 0 n !g tg7 d O 3 N n E� O G e It V �$ '°.w- n,,,� „1 211{Itll �a r r��i1191te. ��jf'^ M. NitAw�.� 11it�.w� y.0 pi A-i MUST A DPf MASH PLAN - MAP H r RO-AMD FDR BARM ca es ocwAVY. LTD. 1 "'4 ) Packet Page -141- £1 d 2/25/2014 9.A. i ji 1 �Y G 2/25/2014 9.A. U 5 0 5 j uj 5 O Ln -uj LU C: 7z Lq UZ, ViJ fa I > LU C)' > 10 ;E it 9-1 CL X" Lu CL, io J:L � Li Q ;i C6 m . . . . . ..... is x ui uj j PIS Cc t �aag'� lt z im C g 3t 'i X cc .i 0 u Co O CC lu ca JG A107 PU&J,9 Packet Page -142- CL IOU CL 0 Q 5.. .z o U. go 41 k�l 4 - ;_ U, 0 0 tyo� j uj 5 O Ln -uj LU C: 7z Lq UZ, ViJ fa I > LU C)' > 10 ;E it 9-1 CL X" Lu CL, io J:L � Li Q ;i C6 m . . . . . ..... is x ui uj j PIS Cc t �aag'� lt z im C g 3t 'i X cc E oars q > 7S U) IC L C Co O lu ca JG A107 PU&J,9 Packet Page -142- E oars q > 7S U) IC L C LLy C) lu ku C CK Q 41 0 0 E oars q > 7S U) IC L C j Illlilsoolm llero New Dimhons In Planning, Design & Engineering Exhibit B Description of Part of Sections 26, 34 and 35 of Township 50 South, Range 26 East, and Sections 2 and 3 of Township 51 South, Range 26 East Collier County, Florida. (PARCELS "A" and "BI 2/25/2014 9.A. All of Section 26, Township 50 South, Range 26 East, Collier County, Florida; less and except the north 30.00 feet (for road right -of -way) and the west 100 feet (for canal right -of -way) therefrom; AND ALSO All of Section 35, Township 50 South, Range 26 East, Collier County, Florida, less and except the west 60.00 feet (for canal right-of-way); AND ALSO Part of Section 34, Township 50 South, Range 26 East, Collier County, Florida; AND ALSO Part of Section 2 Township 51 South, Range 26 East, Collier County, Florida; AND ALSO Part of Section 3, Township 51 South, Range 26 East, Collier County, Florida; Being more particularly describes as follows: PARCEL "A": BEGINNING at the Southeast comer of Section 2, Township 51 South, Range 26 East, Collier County, Florida; thence along the south line of said Section 2 North 87 002'48" West 2717.79 feet to the South Quarter Comer of said Section 2; thence continuing along said line North 89°27'31" West 233.96 feet; thence leaving said line North 54021'26" West 3802.70 feet along the northeast right -of -way line of U.S. 41 (Tamiami Trail); thence North 20014'55" East 2036.85 feet; thence North 69045105" West 45.00 feet; thence South 89015114" East 60.00 feet to a point on a line lying 60 feet east of and parallel to the West Line of said Section 2; thence along said line thence North 00 044'46" East 1350.52 feet to a point on the North Line of Section 2, said point on a line lying 60 feet east of the west line of said Section 35; thence along said line North 00 050'06" East 2614.26 feet; thence continuing along said line North 00052155" East 261936 feet to a point an the North Line of said Section 35; thence along said he South 89033156" East 40.00 to a point on aline lying 100 feet east of and parallel to the west line of Section 26; thence along said line North 00 050'24" East 2633.11; thence continuing along said line North 00 050'18" East 2604.58 feet to a point on the Southerly Right of Way line of Sabal Palm Road, said line being 30.00' south of the north line of said Section 26; thence along said Right of Way line South 89037103" East 2541.99 feet; thence continuing along said line South 89 °37'26" Fast 2642.08 feet to a point on the East line of said Section 26; thence along the East Line of said Section 26 South 00014100" East 2606.72 feet to the East Quarter Corner of said Section 26; thence continuing along said line South 00014136" East 2636.75 feet to the Southeast Corner of said Section 26; thence along the East Line of said Section 35 South 00024'57" West 2638.06 feet to the East Quarter Comer of said Section 35; thence continuing along said line South 00123'29" West 2637.20 feet to the Southeast Corner of said Section 35; thence along the East Line of said Section 2 South 00°40'26" West 2801.59 feet to the East Quarter Corner of said Section 2; thence continuing along said line South 00 040'46" West 2750.15 to the Southeast Corner of said Section 2 and the POINT OF BEGINNING of the parcel herein, described (PARCEL "A "); Parcel Contains 1922.2 acres more or less. Subject to easements, restrictions and reservations of record. Bearings are based on the east half of the south line of Section 2 being North 87002'48" West. PAGE 1 OF 2 Naples Fart Myers Sarasota Tampa Tallahassee Panama City Beach 3200 Bailey Lane, Suite 200 lVaples, Florida 34105 941- 649 -4040 W 941-643 -5715 K06O�O6"D3 ° PUDA- PL20120002855 Winding Cypress PUD Apgtn , Packet Page - 143 - Page 41 of 46 2/25/2014 9.A. wilsonmiller 7 New Directions to ftnnM,, Design & Englimring Description of Part of Sections 26, 34 and 35 of Township 50 South, Range 26 East, and Sections 2 and 3 of Township 51 South, Range 26 East Collier County, Florida. (PARCELS "A" and "IT) Continued; ALSO INCLUDING THE FOLLOWING: PARCEL "B ": COMMENCING at the Southwest Comer of said Section 26; thence along the West Line of said Section 35 South 00°52155" West 674.12 feet; thence leaving said line North 89 007'05" West 40.00 feet to a point on a line 40 feet west of the West Line of Section 35 and the POINT OF BEGINNING of the parcel herein described (PARCEL 'B "); thence along said line South 00 052'55" West 1110.23 feet; thence leaving said line North 89 *0T05" West 539.68 feet; thence North 35 039'05" East 175.97 feet; thence northeasterly 1066.66 feet along the arc of a tangential circular curve concave to the northwest having a radius of 2964.93 feet through a central angle of 20 03646" subtended by a chord which bears North 25°20'42" East 106092 feet to the POINT OF BEGINNING of the parcel herein described (PARCEL "B "). Parcel Contains 5.7 acres more or less. Subject to easements, restrictions and reservations of record. Bearings are based on the east half of the south line of Section 2 being North 87 °02'48" West Total parcel (including Parcels "A" and `B ") contains 1927.9 acres more or less. WILSONmmni, INC. Registered Engineers and Land Surveyors Certificate of authorization #LB43. Marcus L. Berman, P.S.M. #5086 Not Valid unless embossed with the Professional's scat. Ref. 4E-50 W.O.: N0506- 000 - 000 -MABS1 Date: October 15, 1999 Revised: January 13, 2000 PAGE 2 OF 2 dumaaeeu' oa NZO&amaw -o PUDA 20121)002855 Winding Cypress PUD Amer Packet Page _144_ Page 42 of 46 WINDING CYPRESS DRI PEDESTRIAN AND BICYCLE MASTER PLAN LEGEND Minor Collector Stree 5' Sidewalk Both Sides �....� Minor Collector Stree 5' Sidewalk One Side +. Local Street 5' Sidewalk Both Sides .�... Local Street 5' Sidewalk One Side Multi —Use Pathway Minimum 10' �. Existing .� .� Future 2/25/2014 9.A. JULY 19, 2013 1 PUDA- PL20120002855 Winding Cypress PUD Amen Packet Page -145- lit C " _ w° Page 43 of 46 2/25/2014 9.A. \M\ 0 2 I tl [ ~ a m N ri qU ryj "� • I = m Lj t t i o W # j_ -------------- — - # IMI t k PUDA- PL20120002855 Winding cypress PUI amen Packet Page -147- page 45 of 46 J s x LU 2/25/2014 9.A. Exhibit F Deviation 1. A deviation is sought for relief from LDC Section 4.07.04B.4.b to change the radius requirement for the Tract B Village Center from "within 1,760 ft. radius to 80% of the number of units ", to within a 5,000 ft. radius of 80% of the number of units within Tract B. PUDA- PL20120002855 Winding Cypress PUD Arne, Packet Page -148- Page 46 of 46 . . NOTICE OF MEETING NOTICE OF MEETING N6TICE OF INTENT TO CONSIDER ORDINANCE AND A DEVELOPMENT ORDER /RESOLUTION Notice is hereby given that on Tuesday, February 25, 2014 in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 .East Tamiami Trail, Naples, FL, the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance and a Development Order/Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance and the Development Order /Resolution are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 02.35, AS AMENDED, THE WINDING CYPRESS PLANNED UNIT DEVELOPMENT (PUD), BY INCREASING THE NUMBER OF RESIDENTIAL DWELLING UNITS FROM 2,300 TO 2,854; BY INCREASING THE RESIDENTIAL DEVELOPMENT AREA BY 44 -ACRES TO 492 ACRES; BY INCREASING THE VILLAGE CENTER ACREAGE BY 2 ACRES FOR A TOTAL. OF 17 ACRES; BY INCREASING THE GROSS FLOOR AREA OF THE VILLAGE CENTER DISTRICT BY 20,000 SQUARE FEET FOR A TOTAL OF 50,000 SQUARE FEET; BY INCREASING THE ACREAGE OF LAKES FROM 235 ACRES TO 272 ACRES; BY REMOVING THE 164 ACRES OF GOLF AREA AND ELIMINATING THE 18 -HOLE GOLF COURSE; BY INCREASING THE PRESERVE AREA BY 44 ACRES TO 840 ACRES; BY V) INCREASING BUFFERS, WATERWAYS, CANAL AND FP &L EASEMENTS FROM 180 ACRES TO 219 ACRES; PROVIDING FOR ADDITION OF WINDING CYPRESS MASTER U.1 PLAN, TRACT 8 TO EXHIBIT A; PROVIDING FOR ADDITION OF EXHIBIT C, BICYCLE Z AND PEDESTRIAN MASTER PLAN; PROVIDING FOR LIST OF DEVIATIONS; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT THE >- NORTHEAST QUADRANT OF THE INTERSECTION OF TAMIAMI TRAIL EAST (US 41) -� AND COLLIER BOULEVARD (CR -951) IN SECTIONS 26, 34 AND 3S, TOWNSHIP 50 4 SOUTH, RANGE 26 EAST, AND SECTIONS 2 AND 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1,928 ACRES. (PUDA- PL20120002855) U1 .... W J 0_ A RESOLUTION AMENDING RESOLUTION NO. 99 -467, AS AMENDED, Q (DEVELOPMENT ORDER 99.4) FOR THE WINDING CYPRESS DEVELOPMENT OF Z REGIONAL IMPACT BY PROVIDING FOR SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY INCREASING THE NUMBER OF RESIDENTIAL DWELLING UNITS FROM 2,300 TO 2,854; BY INCREASING THE RESIDENTIAL DEVELOPMENT AREA BY 44 ACRES TO 492 ACRES; BY INCREASING THE VILLAGE CENTER ACREAGE BY 2 ACRES FOR A TOTAL OF 17 ACRES; BY INCREASING THE GROSS FLOOR AREA OF THE VILLAGE CENTER DISTRICT BY 20,000 SQUARE FEET FOR A TOTAL OF 50,000 SQUARE FEET; BY INCREASING THE ACREAGE OF LAKES FROM 235 ACRES TO 272 N ACRES; BY REMOVING THE 164 ACRES Of GOLF AREA AND ELIMINATING THE U j 18 -HOLE GOLF COURSE; BY INCREASING THE PRESERVE AREA BY 44 ACRES TO 840 ACRES; BY INCREASING BUFFERS, WATERWAYS, CANAL AND FP &L EASEMENTS FROM 180 ACRES TO 219 ACRES; BY EXTENDING THE BUILD -OUT DATE TO f13 DECEMBER 31, 2020 AND EXPIRATION DATE TO DECEMBER 31, 2025; AND BY AMENDING THE MASTER PLAN; BY PROVIDING FOR SECTION TWO, FINDINGS OF FACT, SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEPARTMENT OF ECONOMIC OPPORTUNITY AND EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST QUADRANT OF THE INTERSECTION OF TAMIAMI >+ TRAIL EAST (US -41) AND COLLIER BOULEVARD (CR -951) IN SECTIONS 26, 34 AND 35, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 2 AND 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1,928 a) C ACRES. (DOA- PL20120002856) Copies of the proposed Ordinance and Resolution are on file with the Clerk to the jBoard and are 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. CD Individual speakers will be limited to 3 minutes on any item. The selection of an If individual to speak on behalf of an organization or group is encouraged. N 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 hearing. In any case, written materials intended to be considered by the public Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure 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 participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL, 34112 -5356, (239)252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK_ CLERK By: Martha Fe ry,ary s : Packet Page -149- No 7014843