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Agenda 03/25/2014 Item #17B Proposed Agenda Changes Board of County Commissioners Meeting March 25,2014 Move Item 16A15 to Item 11F: Recommendation to direct staff to bring back an expedited amendment to Land Development Code(LDC),Section 2.03.07.G.6.b,adjusting the date for program participation regarding Immokalee Nonconforming Mobile Home Parks to January 9,2020. (Commissioner Coyle's request) Continue Item 16A21 to the April 8,2014 BCC Meeting: Recommendation to approve an amended and restated Developer Contribution Agreement(DCA)between DR Horton,Inc. (Developer)and Collier County (County)to provide water management and financial contributions for the construction of Tree Farm Road. (Commissioner Nance's request) Add On Item 16A23: Recommendation to approve an Easement Use Agreement as it relates to Lot 4, L'Ermitage at Grey Oaks. (Staff's request) Continue Item 17B to the April 8, 2014 BCC Meeting: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to consider an ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 08-13 which established the Brandon Residential Planned Unit Development, to retain the density of 204 residential units; to revise the Master Plan to change the location of the entrance road on Veterans Memorial Boulevard, to reconfigure the on-site preserve areas and reconfigure the development area; to revise development standards; to add deviations; and to modify development commitments including removal of the affordable housing commitment. The subject property is located on the southeast corner of Livingston Road and Veterans Memorial Boulevard in Section 13, Township 48 South, Range 25 East, Collier County, Florida, consisting of 51± acres; and by providing an effective date. [PUDA-PL20130001056] (Staff's request) 3/25/2014 8:59 AM 3/25/2014 17.B. EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to consider an ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 08-13 which established the Brandon Residential Planned Unit Development, to retain the density of 204 residential units; to revise the Master Plan to change the location of the entrance road on Veterans Memorial Boulevard, to reconfigure the on-site preserve areas and reconfigure the development area; to revise development standards; to add deviations; and to modify development commitments including removal of the affordable housing commitment. The subject property is located on the southeast corner of Livingston Road and Veterans Memorial Boulevard in Section 13, Township 48 South, Range 25 East, Collier County, Florida, consisting of 51± acres; and by providing an effective date. [PUDA-PL20130001056] OBJECTIVE: To have the Board of County Commissioners (BCC) review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding 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 subject property contains a number of undeveloped parcels. The existing Brandon RPUD was approved with Ordinance Number 08-13, recorded on March 20, 2008. The approved ordinance allowed for the development of 204 dwelling units and related accessory uses. This PUDA petition is proposing to retain the same 204 dwelling units. The proposed changes are summarized below (taken from the narrative statement provided in the application and revised during the review of the application): Revisions to Development Master Plan: • Relocate Veteran's Memorial Boulevard entrance further to the east of the development. • Revise the internal roadway to be consistent with South Florida Water Management District(SFWMD) site plan and permit. • Revise required preserve areas to be consistent with SFWMD permit which results in an increase of required preserves from the previously 11.8 acres to a new requirement of 12.04 acres. • Revise the location of potential interconnection to off-site properties to be consistent with SFWMD permits and revised preserve areas. Revisions to Development Commitments: • Remove transportation commitment regarding compensating right-of-way on Livingston Road that is no longer required. • Revise transportation commitment for a required interconnection to the Verona Pointe development that is south of the proposed Brandon RPUD. • Remove the Affordable Housing requirement due to Collier County's current policy that eliminates this requirement because of current/changed housing market conditions. Packet Page-1733- 3/25/2014 17.B. • Remove other commitments due to redundancy to LDC requirements. Revisions to Deviations: • Revision of three previously approved deviations. • The introduction of eleven new deviations. Because this PUD was originally approved using the current PUD document format, the petitioner is providing the proposed changes in a strike thru/underline format, showing the new information in underlined text and showing the text to be removed in a strike thru format. As noted above, the petitioner is seeking approval of 11 new deviations; revision of 3 previously approved deviations for a total of 14 deviations, which are discussed at length in the staff report prepared for the Collier County Planning Commission (CCPC). Deviation 3 was determined to be not required/applicable due to the removal of the requirement/provisions with recent Code of Laws and Ordinance amendments. 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. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The subject property is located within the Urban designated area (Urban — Urban Mixed Use District, Urban Residential Subdistrict) as identified on the countywide Future Land Use Map and in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The proposed rezone is consistent with the GMP, and further detail is provided in the attached staff report. 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 February 6, 2014, and continued on February 20, 2014. By a vote of 6 to 0, with Commissioner Rosen absent from the hearing; Commissioner Chrzanowski making the motion and Commissioner Doyle seconding the motion, the CCPC recommended forwarding this petition to the BCC with a recommendation of approval, subject to the CCPC revisions to the RPUD document which have been incorporated into the attached ordinance. Staff has not received any correspondence in opposition to this petition. This Executive Summary can be placed on the Summary Agenda. Packet Page -1734- 3/25/2014 17.B. LEGAL CONSIDERATIONS: This is an amendment to the existing Brandon Planned Unit Development. The burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for amendments (PUDA) Ask yourself the following questions. The answers assist you in making a determination for approval or not. • 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed PUDA 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 PUDA 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. Packet Page-1735- 3/25/2014 17.B. 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 PUDA Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUDA Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Packet Page -1736- 3/25/2014 17.B. 25. Consider: The impact of development resulting from the proposed PUDA 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 PUDA rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This item has been reviewed for form and legality. An affirmative vote of four is necessary for Board approval. HFAC RECOMMENDATION: Staff concurs with the recommendations of the CCPC including the revisions noted in the approval motion and further recommends that the BCC approve the request subject to the attached PUD Ordinance. Prepared by: Michael Sawyer, Project Manager, Planning and Zoning Department, Growth Management Division, Planning and Regulation Attachments: 1) Staff Report 2) Ordinance 3) Application 4) Monitoring Well Report 5) PUD Document all exhibits 6) Master Plan 7) Deviation Justifications Packet Page -1737- 3/25/2014 17.B. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.B. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to consider an ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 08-13 which established the Brandon Residential Planned Unit Development, to retain the density of 204 residential units; to revise the Master Plan to change the location of the entrance road on Veterans Memorial Boulevard, to reconfigure the on-site preserve areas and reconfigure the development area;to revise development standards;to add deviations; and to modify development commitments including removal of the affordable housing commitment. The subject property is located on the southeast corner of Livingston Road and Veterans Memorial Boulevard in Section 13,Township 48 South, Range 25 East, Collier County, Florida, consisting of 51±acres; and by providing an effective date. [PUDA-PL20130001056] Meeting Date: 3/25/2014 Prepared By Name: SawyerMichael Title: Project Manager,Zoning&Land Development Review 2/27/2014 2:51:35 PM Approved By Name: PuigJudy Title: Operations Analyst,Community Development&Environmental Services Date: 2/27/2014 3:37:03 PM Name: BosiMichael Title: Director-Planning and Zoning, Comprehensive Planning Date: 3/3/2014 3:23:27 PM Name: BellowsRay Title: Manager-Planning, Comprehensive Planning Date: 3/10/2014 2:24:25 PM Name: MarcellaJeanne Packet Page-1738- 3/25/2014 17.B. Title: Executive Secretary,Transportation Planning Date: 3/11/2014 11:25:05 AM Name: AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 3/12/2014 2:40:35 PM Name: IsacksonMark Title:Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 3/13/2014 3:48:48 PM Name: KlatzkowJeff Title: County Attorney, Date: 3/13/2014 4:27:08 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 3/14/2014 3:46:16 PM Packet Page-1739- 3/25/2014 17.B. AGENDA ITEM 9-C fi Cot" e County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING AND ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION--PLANNING & REGULATION HEARING DATE: FEBRUARY 6, 2014 SUBJECT: PUDA-PL20130001056: BRANDON RPUD PROPERTY OWNER & APPLICANT/AGENT: Contact Purchaser/Applicant: Property Owner: D.R. Horton, Inc. Fullerton Bonita, LLC. 10541 Ben C. Pratt Six Mile Cypress Boulevard, 33 Bloor Street, Suite 100 Suite 401 Fort Myers, Fl 33966 Toronto, Ontario Canada M4W3H1 Agents: Richard D. Yovanovich, Esq. Patrick Vanasse, AICP Coleman, Yovanovich and Koester, P.A. RWA, Inc. 4001 Tamiami Trail North, Suite 300 6610 Willow Park.Drive, Suite 200 Naples, FL 34103 Naples, Fl 34109 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 known as the Brandon RPUD, to allow several changes to the development including changes to the master plan to show a reconfiguration of the entrance road on Veterans Memorial Boulevard, a reconfiguration of required preserves and reconfiguration of development areas. The petitioner is also proposing changes to development standards, revising and proposing additional deviations, and revising development commitments including removal of the affordable housing requirements. GEOGRAPHIC LOCATION: The subject property, consisting of 51.1±!- acres, is located on the east side of Livingston Road and the south side of Veteran's Memorial Boulevard, within Section 13, Township 48 South, Range 25 East, Collier County, Florida. (See location map on the following page) PUDA-PL20130001056: Brandon RPUD Page 1 of 25 January 15, 2014(Revised 1-16-14, 1-21-14) Packet Page-1740- 3/25/2014 17.B. - an NM MEN N ' ADP .121M71 I MEM 1 il e NM la EMI , t — E ° ■z..,. iMILI 1 ,-; .,..,4 7, 1-,•.• __ _ 5 .! tig :11,7 ;;J, G MEI J J. 1 - A -^ 1111"-'- .. .Ji ‘c7\ 71! e I= i 1 .4_ 0 , KM NM \ 1111 J. IIJJ — ENV B !_:\,,, , , , MIEll, „ _ — I I) 0 I = = _ __---__ — -- I -3 r ■ __ _ _ ri Jo. k440.6,6,P66,7,17 1 "64.*‘. .„.„.. .„..... QM. 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Ili I, 11 — S3 511M 'g'--1 '.■•■■••■•■■,..1 ,u...■, L.,,,,,,Gs.,,,,,,,,, , 2. , \,71 1 \ LI 1 4 (m) ' I. '6 ag •A < ' - (..) 1 OV0,1 NalS,1011 1 , __,.1.4 t_l Z§1 1 ti,; i,t tiD u.. 1._,_ o a• ■1. 53E [re,ereirnd-iaodaiv -' . :, • ....- I " r 1 lip! $ .r, .., p.ti L-. E 6 I. gO P.12' V t, r.t..../ E,.•- 0. ,., ' O. ,.,-, .. . 1 :,- .• i ' •, , \ Ond Ovc.31.1.110000 I" .1 I 2 ,-, ;-," ' •.,:.-. ,-r. .V.A'ailrellOS A __ .__1,,,....,--__7. Packet Page -1741- 3/25/2014 17.B. EXHIBIT C 1 — 1 .1 S' It SOULEVABDT -•— R`15.TYPE R v"eu I .1 R IS'TYPE `'/ euFreR ' ' )1 O 1 Ii � R i I M" i t � .I f 0 TYP 9 I %:'BUFFER I 1 I �11 r AT— R .-10'TYPE I ' I FRIA RmA -A.6UFTEIN 1 I ._._. R �d - -R k , i 1 , 1 1 ;iii I ST-SPE301AL I ,r�' .r'-7D hPF I I ( ;•I,; OVERLAY I % R BUFFER i & ,;, I j g Il I - I \ t�1Yf1j�E ST-VEGA/ I I a 1 •'•1; L. - - f70eDF �I ___ "A' ICY ■ ' ^ '�� A ■ REO RED '// 1 GJ// lr I °" • ,.� // RENO'OIR1U�fFOF.Yt I ; 10'TWE �T 10'TYPE ', o _'�-. R ..\� —ik.,KIPPER \ / N mcopuLC Nu LAND USE KEY A RESIDENTIAL(R) ID'TYPE O -SINGLE FAMILY ``� NO JR -A"BUFFER lI I 1 -TWO FAMILY .. _ -SINGLE FAMILY ZERO LOT LINE ``\�Ol(/`4s r,, A 1 Ili -DUPLEX YJ .•` �t ci/ .r--IL__- _-` ✓•y, -MULTIFAMILY \�\ �� WiaNA MITRE ,/ Ti -COMMON AREA •,•41:„.'", — •,- -QPEN SPACE `�•••..,4.0.7,7,4Z.,,,. .,SW I I Ii_. -WATER MANAGEMENT AREAS ��"��a ^‹\� ) I•-RECREATION FACILITY \ �" v'�4.: Y,(1 'I" ,��.. ,; 4(� p PROJECT LAND USE `�\ ,....,,::..:‘..,;-..„_,...7 II RESIDENTIAL(R) 27.87 AO± • `,'<'ti LAKES 4.42 ACA `�\ ^.�\-,;:.;• II, PRESERVE REQUIRED 11.81 AC± ` •N, PRESERVE PROVIDED/SHOWN 11.82 ACA ` • ``{{ 1._N. I TOTAL NET ACREAGE 0 LEGEND MINIMUM OPEN SPACE(60%) 30.88 ACi DENSITY:204 UNITS/51.1 AC.- 3.90 UNITS PER ACRE ®PRESERVE AREA ®WATER MANAGEMENT AREA RPUD MASTER PLAN NOTES RPUD BOUNDARY 1. THE FACILITIES AND IMPROVEMENTS SHOWN ON THIS PUG RIGHT OF WAY MASTER PLAN SHALL BE CONSIDERED CONCEPTUAL IN NATURE. -------'-SPECIAL TREATMENT ZONE 2. THE DESIGN,LOCATION,AND CONFIGURATION OF THE LAND ZONING LACCIFICATION IMPROVEMENTS SHALL BE DEFINED AT EITHER SDP APPROVAL, OR CONSTRUCTION PLANS AND PIAT APPROVAL. I WC I LAND USE CLASSIFICATION 3. RESERVED INTERCONNECTION MAY MOVE NORTH OR SOUTH. R RESIDENTIAL AREA .W-#' MAJOR ACCESS POINTS Al CHANGES PER STAFF LETTER.DATED 9/2A/13 M.F.C.M.E. D/13 E--11 RESERVED INTERCONNECTION it CHANGES PER STAFF LETTER,DATED 11/26/13 M.F.C.ME.11/28 1)\ATA , INC.a`7C Auc., 2013 CLIENT: D.R. NORTON INC. CONSULTING Engineering N.T.S. Z t T TA. 1 Surveying dt D n +.. TITLE: IIBIO Maw Pak dMe,FAA 100 R.A.K. BRANDON RPUD MASTER PLAN WOW, CMITi Rae) O M.E. mtgareAnnaiorn p°AI�tlei `Lae'e ° PAO7� 13D003.Q0.03 1 1 1300030003D02 13 485 25E NUMBER NINEMP OF ILH,BB4 Page 5 of 16 Brandon RPUD PUDA-PL20130001056—Rev. 12/9113 Words added are underlined,words deleted are Packet Page -1742- 3/25/2014 17.B. PURPOSE/DESCRIPTION OF PROJECT: The subject property contains a number of undeveloped. The existing Brandon RPUD was approved with Ordinance Number 08-13, recorded on March 20, 2008. The approved ordinance allowed for the development of 204 dwelling units and related accessory uses. This PUDA petition is proposing to retain the same 204 dwelling units. The proposed changes are summarized below(taken from the narrative statement provided in the application and revised during the review of the application): Revisions to Development Master Plan: • Relocate Veteran's Memorial Boulevard entrance further to the east of the development. • Revise the internal roadway to be consistent with South Florida Water Management District(SFWMD) site plan and permit. • Revise required preserve areas to be consistent with SFWMD permit which results in an increase of required preserves from the previously 11.08 acres to a new requirement of 12.04 acres. • Revise the location of potential interconnection to off-site properties to be consistent with SFWMD permits and revised preserve areas. Revisions to Development Commitments: • Remove transportation commitment regarding compensating right of way on Livingston Road that is no longer required due to the current built-out condition of Livingston Road. • Remove transportation commitment for a required interconnection to the Verona Pointe development that is south of the proposed Brandon RPUD. This connection is no longer possible due to the required SFWMD preserve area changes. • Remove the Affordable Housing requirement due to Collier County's current policy that eliminates this requirement because of current/changed housing market conditions. • Remove other commitments due to redundancy to LDC requirements. Revisions to Deviations: • Revision of three previously approved deviations. • The introduction of twelve new deviations. Because this PUD was originally approved using the current PUD document format, the petitioner is providing the proposed changes in a strike thru/underline format, showing the new information in underlined text and showing the text to be removed in a strike thru format. As noted above, the petitioner is seeking approval of 12 new deviations; revision of 3 previously approved deviations for a total of 15 deviations which are discussed later in this report. PUDA-PL20130001056: Brandon RPUD Page 4 of 25 January 15, 2014(Revised 1-16-14, 1-21-14) Packet Page -1743- 3/25/2014 17.B. SURROUNDING LAND USE AND ZONING: North: The Veteran's Memorial Boulevard ROW, then the Mediterra and Tuscany Reserve developments which both have the zoning designation of Planned Unit Development (PUD). The Mediterra PUD was approved at an overall density of 0.56 units per acre. The Tuscany Reserve PUD was approved at an overall density of 1.73 units per acre. East: Several undeveloped tracts with a zoning designation of Agricultural (A), then an FP&L easement, and then the developed residential project known as Pelican Strand with a zoning designation of Planned Unit Development (PUD), approved with an overall density of 2.09 units per acre. South: The Livingston Road ROW, and several undeveloped tracts with a zoning designation of Agricultural (A), and the developed mixed use Royal Palm Academy that has a zoning designation of Planned Unit Development (PUD), approved at an overall density of 4 units per acre. West: The Livingston Road ROW, and the undeveloped Grace Romanian Baptist Church of Naples with a zoning designation of Community Facility Plan Unit Development (CFPUD), and several undeveloped tracts with a zoning designation of Agricultural (A), and the undeveloped Della Rosa with a zoning designation of Planned Unit Development (PUD), approved with a base density of 4 units per acres and upon proof of the purchase of 15 I'DR credits could qualify for 45 additional units for a potential total of 107 units or approximately 6.95 units per acre. p 11 t 9 z �k rt '4040 A .,. WRFT t} - {5 r o `.,.„} r A• F ' y f � ` ?� ; :',A, rd V 'k Subject Property - n t aennr 1 I1 l 4 ,4 — - :, � } Nx � s '� .' d "I},11.11 2 T i • . - It at, bk „„„ .1I y,. �- Ul. Aerial Photo(subject site depiction is approximate) PUDA-PL20130001056: Brandon RPUD Page 5 of 25 January 15,2014(Revised 1-16-14, 1-21-14) Packet Page-1744- 3/25/2014 17.B. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element(FLUE): The subject property is designated Urban (Urban Mixed Use District, Urban Residential Subdistrict) as depicted on the Future Land Use Map (FLUM) of the County's Growth Management Plan (GMP). The site is also within the Northwest Transportation Concurrency Management Area as identified within the Transportation Element of the Growth Management Plan. Relevant to this petition,the Urban Residential Subdistrict permits residential development (variety of unit types) at a base density of up to four dwelling units per acre, and recreation and open space uses. The proposed Brandon PUD allows a maximum of 204 residential dwelling units on 51.10 acres of land,for an overall density of 3.99 dwelling units per acre. Future Land Use Element Policy 5.4 states: "New developments shall be compatible with, and complementary to the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended) " It is the responsibility of the Zoning Services Section staff as part of their review of the petition in its entirety to perform the compatibility analysis. 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. [Exhibit "A" RPUD Master Plan, depicts direct access to Livingston Road, which is classified as an arterial road in 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. [Exhibit "A" RPUD Master Plan, depicts a spine road that runs through the entire project from Livingston Road to Veteran's Memorial Boulevard. All internal roads and/or parcels connect to that spine road.] PUDA-PL20130001056: Brandon RPUD Page 6 of 25 January 15,2014(Revised 1-16-14, 1-21-14) Packet Page-1745- 3/25/2014 17.B. 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. [The Exhibit "A" RPUD Master Plan depicts a reserved interconnection near the southeast corner of the project. However, interconnections with any other abutting properties are not shown. It appears that an interconnection with Della Rosa PUD to the west (undeveloped) would be possible, and that PUD's Master Plan shows a cul-de-sac ending at/near the Brandon PUD property line. It is acknowledged that this petition requests right-of-way deviations so the streets are intended to be private. Nonetheless, the applicant is encouraged to consider revising the PUD Master Plan to depict vehicular and/or non-vehicular bicycle/pedestrian interconnection to the Della Rosa PUP.] Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [The RPUD allows for a variety of DU types. Open space (60% [30.66 acres] required) includes 11.82 acres of preserves,4.42 acres of lakes,recreation facilities, and non-buildable areas of residential lots/parcels. The RPUD provides for sidewalks on both sides of the spine roadway, except only on one side where there is an abutting preserve, and only one side of both cul-de-sacs.] Based on the above analysis, staff finds the request for amending the Brandon Residential Planned Unit Development (RPUD) consistent with the Future Land Use Element of the Growth Management Plan. Nonetheless, the applicant is encouraged to consider revising the PUD Master Plan to depict vehicular and/or non-vehicular (bicycle/pedestrian) interconnection to the Della Rosa PUD. Conservation and Coastal Management Element (CCME): Environmental review staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site consists of 47.2 acres of native vegetation; a minimum of 11.81 (25%) acres of the existing native vegetation shall be placed under preservation and dedicated to Collier County. Transportation Element: The proposed PUD amendment has been found consistent with the applicable policies of the transportation element. 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.F, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its action on the rezoning or amendment request. An evaluation relative to these PUDA-PL20130001056: Brandon RPUD Page 7 of 25 January 15,2014(Revised 1-16-14, 1-21-14) Packet Page-1746- 3/25/2014 17.B. 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 an 11.81 acre preserve, which meets the minimum requirement. This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right-of-way and access issues and is recommending approval subject to the Transportation Development Commitments contained in Exhibit F of the RPUD Ordinance. Utility Review: This project is located within Collier County Water and Sewer District and Utility staff has requested the petitioner place specific commitments in the PUD; the petitioner has included those commitments as requested. 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. The development standards contained in the PUD document have not been changed except for revisions shown on the development standards table Exhibit B. The types of uses that would be allowed in this project have not changed. As illustrated in the aerial photograph located on page 2 of the staff report, "the surrounding land use zoning discussion" of this staff report, and the Master Plan,the site is bounded to the east by undeveloped agricultural parcels, an FP&L easement and then the developed residential project known as Pelican Stand with a zoning designation of Planned Unit Development (PUD), that was approved at a overall density of 2.09 units per acre. To the south are several undeveloped agricultural parcels, and then the developed mixed use residential and school campus project known as Royal Palm Academy with a zoning designation of Planned Unit Development (PUD), approved at an overall density of 4 units per acre. To the west are several undeveloped agricultural parcels, and the undeveloped Grace Romanian Baptist Church of Naples with a zoning designation of Community Facility Planned Unit Development (CFPUD), and the undeveloped residential project known as Della Rosa with a zoning designation of Planned Unit Development approved at a base density of 4 units per acres and upon proof of the purchase of 15 TDR credits could qualify for 45 additional units for a potential total of 107 units or approximately 6.95 units per acre. PUDA-PL20130001056: Brandon RPUD Page 8 of 25 January 15,2014(Revised 1-16-14, 1-21-14) Packet Page-1747- 3/25/2014 17.B. This project was originally approved with a maximum density of 4 units per acre which will not change with this amendment petition and remains comparable to what has been approved for the surrounding projects. The surrounding PUDs have similar development standards to what is proposed herein, as to minimum setbacks and lot sizes. Exhibit C, master plan for this petition maintains all of the previously approved perimeter landscape buffers except for the proposed deviations below. Deviation Discussion: The petitioner is seeking fifteen deviations from the requirements of the LDC. The deviations are listed in the deviation portion of the PUD. Deviation 1 seeks relief from LDC Section 6.06.01.N which requires a minimum local street right-of-way width of 60 feet, to allow a 50' right-of-way width for the internal streets that includes public utilities. Petitioner's Rationale: The applicant states in his justification for this deviation the following: This proposed deviation is justified because of the small-scale setting of the neighborhood This addresses concerns that a larger road right-of-way is conducive to higher speeds, and physical design of the broader road right-of-way becomes less articulated and does not relate to the neighborhood scale. A 50 foot right-of-way for a residential street can successfully facilitate movement of the vehicular, pedestrian and bike traffic while accommodating all utility and drainage needs. The 50 foot right-of- way accomplishes traffic calming to provide a safer transportation system within the neighborhood. This dimension for a neighborhood right-of-way accommodates all the standard roadway functions so that the development is compact, the native vegetation is less impacted, and open spaces can be concentrated in areas of the property for enhanced environmental quality. In addition a 50' street right-of-way width was designed and approved through the SFWMD ERP permit, this deviation will ensure that the Brandon RPUD amendment is consistent with the SFWMD permit. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Additionally this deviation was originally approved as part of ordinance 08-13 and the roadway system shown on the master plan remain substantially the same. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 2 seeks relief from LDC Section 6.06.02.A, which requires construction of five-foot wide sidewalks on both sides of local streets, to allow a single five-foot wide sidewalk on one PUDA-PL20130001056: Brandon RPUD Page 9 of 25 January 15,2014(Revised 1-16-14, 1-21-14) Packet Page-1748- 3/25/2014 17.B. side of the internal cul-de-sac road right-of-way and a single five-foot wide sidewalk on the spine road only where there is a preserve adjacent to the right-of-way. The remainder of the spine road will meet LDC Section 6.06.02.A standards. Petitioner's Rationale: The petitioner provided the following justification for this deviation: Due to the constraints created by the configuration of the project and the requirements of the SFWMD permitting criteria, including the right-of-way cross section adjacent to the preserve areas; the street right-of-way width is constrained in some areas. This deviation will not adversely impact pedestrian mobility for the project, and will reduce impervious areas for better water quality and storm water attenuation, and minimizes impacts to adjacent preserve areas. The private local roadways internal to the development will have relatively low vehicular travel speeds therefore the deviation will not impact public health, safety and welfare. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. It is noted that several other residential PUD's have been approved with similar sidewalk deviations. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 3 seeks relief from LDC Section 6.06.01, which requires tangents for all streets between reverse curves, unless otherwise approved by the County Manager, or his designee, pursuant to LDC Section 10.02.04. to not require tangents between reverse curves on any project streets. Petitioner's Rationale: The applicant states in his justification for this deviation the following: This deviation request is justified because it is consistent with LDC provisions for administrative discursion and the streets within Brandon RPUD are not at a traffic capacity or speed level that requires tangents between reverse curves. Additionally this deviation was approved as part of the original PUD approval with the internal roadway substantially the same. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Additionally, this deviation was originally approved as part of ordinance 08-13, thereby re-affirming a previous allowance, and the roadway system shown on the master plan remain substantially the same. Zoning and Land Develonment 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 PUDA-PL20130001056: Brandon RPUD Page 10 of 25 January 15,2014(Revised 1-16-14, 1-21-14) Packet Page-1749- 3/25/2014 17.B. element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deviation 4 seeks relief from Code of Laws and Ordinances Administrative Code Section 2- 22.112. which requires excavated areas provide a maximum four to one slope from existing grade to a breakpoint at least 7 feet below the control elevation which equates to 3 feet below documented low water elevation/dry water table. Petitioner's Rationale: The applicant states in his justification for this deviation the following: This deviation request is justified and after discussion with county engineering staff it is permittable. The deviation is also consistent with SFWMD permitting. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved as it is a re-affirmation of an allowance that was made in the 2008 ordinance. However, this deviation is also seeking relief from the Code of Laws and Ordinances and it is important to note that new deviations cannot be sought from this provision because the PUD deviation allowances in the LDC only allow deviation to be sought from provisions within the LDC itself. Since this project was previously approved with this provision it seems appropriate for the CCPC to approve this deviation. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deviation 5 seeks relief from LDC Section 5.03.02.C. which permits a maximum height of walls and fences to 6 foot height in residentially zoned districts, to allow walls and fences to a maximum height of 8 foot height along the perimeter of the project and where it abuts public roadways,to allow a 15 foot tall wall/berm combination. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The proposed deviation will provide additional visual screening and reduce noise resulting from roadway traffic along Livingston Road and Veterans Memorial Boulevard The 15 foot high berm-fence-wall combination is requested to provide adewaute buffering and noise attenuation between the project and adjacent properties. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. It is noted that several other residential PUD's have been approved with similar fence-wall-berm deviations. PUDA-PL20130001056: Brandon RPUD Page 11 of 25 January 15,2014(Revised 1-16-14, 1-21-14) Packet Page -1750- 3/25/2014 17.B. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3. the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h. the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 6 seeks relief from LDC Section 4.06.02.C.4, which requires a 20 foot wide Type "D" landscape buffer along a public right-of-way for developments greater than 15 acres, to allow a 15 foot wide Type "D" buffer in conjunction with the proposed increase height for the perimeter berm/fence combination requested in Deviation 5. Petitioner's Rationale: The petitioner provided the following justification for this deviation: This deviation is requested to allow a buffer that meets the intent of a Type D buffer by utilizing a combination of a berm with a wall that would provide 100 percent opacity and allow more.flexible design and layout of buffer elements. Because the resulting buffer will meet or exceed the intent of a Type D buffer the health and welfare of the public and community will not be compromised. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. The proposed perimeter buffer meets the intent of this provision of the LDC. Staff however recommends that the proposed wall noted in the application, and discussed as part of deviation 5 above,be made part of this landscape buffer deviation if approved. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3. the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 7 seeks relief from LDC Section 5.04.06.A.3.e, which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height,to allow a temporary sign or banner up to a maximum of 60 square feet in area. The temporary sign or banner shall be limited to 180 days during season which will be defined as November 1st to April 30th. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The proposed deviation will allow for a banner sign located on the proposed masonry wall along Livingston Road in order to advertise new homes available within the community. The 4 square foot banner sign permitted by the LDC provides minimal visibility and likely will not be seen by vehicles travelling along Livingston Road. Additionally the applicant is requesting that the banner be allowed for up to 180 days per calendar year to allow display throughout the peak winter season for home sales. PUDA-PL20130001056: Brandon RPUD Page 12 of 25 January 15,2014(Revised 1-16-14, 1-21-14) Packet Page -1751- 3/25/2014 17.B. Staff Analysis and Recommendation: Staff finds that the petitioner's deviation and rationale supportable for this project. The proposed deviation is similar to other recently approved zoning petitions. Zoning and Land Development Review staff recommends APPROVAL of this deviation with the limitations suggested above, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 8 seeks relief from LDC Section 5.06.02.B.6, which permits two ground signs per entrance to the development, to allow for one ground sign known as a "Boundary Marker" at the property corners for each frontage on Livingston Road and Veterans Memorial Boulevard. The "boundary markers" will be in addition to the project entrance signs and will be permitted to a maximum height of 10 feet and a sign area of 32 square feet per sign. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The proposed deviation will allow the developer to place signage to increase the community's visibility and better delineate the property from surrounding communities. Due to the property's configuration and frontage on Livingston Road and Veterans Memorial Boulevard this deviation will allow the developer to have additional options for signage beyond the code provided entrance signage. Staff Analysis and Recommendation: Staff finds that the petitioner's deviation and rationale supportable for this project. While the proposed boundary markers are in addition to LDC provisions they are similar to other recently approved residential zoning petitions. Zoning and Land Development Review staff recommends APPROVAL of this deviation with the limitations suggested above, finding that, in compliance with LDC Section 10.02.13.A.3. the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is"justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 9 seeks relief from LDC Section 5.06.02.B.6, which permits ground entrance signage only on-site within residential zoning districts, to allow one of two ground entrance signs at the Livingston Road entrance to be located on the County right-of-way remnant triangle piece left over from the constriction of Livingston Road. The off premise sign may be permitted if a right-of-way permit is approved or if the remnant parcel is purchased by the owner of the Brandon RPUD. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The proposed deviation will allow the developer to place a sign on this parcel if the parcel is acquired from the County subsequent to the RPUD amendment or if a right-of- way permit allowing the sign is approved. The configuration of the Brandon RPUD at PUDA-PL20130001056: Brandon RPUD Page 13 of 25 January 15,2014(Revised 1-16-14, 1-21-14) Packet Page-1752- 3/25/2014 17.B. the Livingston Road entrance will not allow a sign at the most visible location for north bound traffic. This circumstance is a result of the design of Livingston Road that includes a remnant triangular piece of right-of-way a location restricting the actual development frontage at the north quadrant of the Brandon entrance. Staff Analysis and Recommendation: Staff finds that the petitioner's deviation and rationale supportable for this project. While the proposed deviation represents a request that extends outside the limits of the Brandon RPUD staff notes that the location is within a County owned right-of-way and the required right-of-way permits for the propose sign or property purchase can address location and permitting issues related to entry sign. Access to the project at this location is to a degree problematic with regard to standard sign location criteria,therefore the proposed deviation is supportable given the permitting or purchase related requirements that staff recommends be made part of this deviation if approved. Zoning and Land Development Review staff recommends APPROVAL of this deviation with the limitations suggested above, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 10 seeks relief from LDC Section 5.06.02.B.5, which requires on-premise directional signs to be setback a minimum of 10 feet from internal property lines, to allow for on-premise directional signs to be setback a minimum of 5 feet from internal property lines. This deviation will not apply to property adjacent to public roadways. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The proposed deviation will allow the development of appropriate directional signs internal to the Brandon RPUD. A unified design theme will be used for all signs throughout the community, thereby ensuring a cohesive appearance and increased aesthetic appeal. All directional signs will meet clear sight distance requirement s consistent with LDC provisions. Staff Analysis and Recommendation: Staff finds that the petitioner's deviation and rationale supportable for this project. The proposed deviation is similar to other recently approved zoning petitions. Zoning and Land Development Review staff recommends APPROVAL of this deviation with the limitations suggested above, fmding 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." PUDA-PL20130001056: Brandon RPUD Page 14 of 25 January 15,2014(Revised 1-16-14, 1-21-14) Packet Page -1753- 3/25/2014 17.B. Deviation 11 seeks relief from LDC Section 5.06.02.B.6, which permits two ground signs per entrance to the development with a maximum height of 8 feet and a total sign area of 64 square feet per sign, to allow for two ground signs per project entrance with a maximum height of 10 feet and a sign area of up to 80 square feet per sign allowing for a total sign area of 160 square feet. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The subject development will be accessed via two roadways with allow relatively high travel speeds, this is especially the case for the Livingston Road access. The applicant is seeking to increase the allowable entrance sign height and area to ensure visibility of the community and the request is similar to other approved residential communities. All of the entrance signs will meet permitting requirements of the LDC including sight triangle standards. . Staff Analysis and Recommendation: Staff finds that the petitioner's deviation and rationale supportable for this project. The proposed deviation is similar to other recently approved zoning petitions. Zoning and Land Development Review staff recommends APPROVAL of this deviation with the limitations suggested above, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is `justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 12 seeks relief from LDC Section 4.02.01.A. Table 2.1, which requires a minimum setback line be measured from a road right-of-way easement line to allow the front yard setback to be measured from the back of curb. Front loaded garages shall be setback a minimum of 23 feet from edge of sidewalk or 23 feet from the edge of pavement where no sidewalk is provided. For side loaded garages a parking area of 23 feet in depth shall be provided to avoid parking of a vehicle across a sidewalk or pavement. This does not apply to public road rights of way. Petitioner's Rationale: The applicant states in his justification for this deviation the following: This deviation is requested to allow more flexibility in the design and layout of the individual lots while also providing adequate front yard separation from the right-of-way. This deviation will not impact the required driveway dimensions and will accommodate sidewalks as proposed with this zoning petition. Additionally bring structures closer to the roadway in a low speed local roadway setting is consistent with good planning practices highlighted in Objective and Policies related to Smart Growth in the Future Land Use Element of the GMP. Staff Analysis and Recommendation._ Staff finds that the petitioner's deviation and rationale supportable for this project. The proposed deviation is similar to other recently approved zoning petitions. PUDA-PL20130001056: Brandon RPUD Page 15 of 25 January 15, 2014(Revised 1-16-14, 1-21-14) Packet Page -1754- 3/25/2014 17.B. Zoning and Land Development Review staff recommends APPROVAL of this deviation with the limitations suggested above, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 13 seeks relief from LDC Section 1.08.02, "lot measurement width", to allow a minimum frontage on the internal streets to be 22 feet as measured by the cord method and to permit flag lots. Petitioner's Rationale: The applicant states in his justification for this deviation the following: This deviation has been requested to allow flag lots within the Brandon RPUD in order to efficiently utilize the developable areas in locations affected by the roadway curves. Staff Analysis and Recommendation: Staff finds that the petitioner's deviation and rationale supportable for this project. The proposed deviation is similar to other recently approved zoning petitions, additionally the developable area within this project have been reduced by the revised preserve areas required as part of the approved SFWMD permit which to a degree justify this deviation request. Zoning and Land Development Review staff recommends APPROVAL of this deviation with the limitations suggested above. finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is `justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 14 seeks relief from LDC Section 4.06.05.J. Slope Table to allow sod as a planting material for 3:1 slopes with a maximum total slope height of 2 feet Petitioner's Rationale: The applicant states in his justification for this deviation the following: This deviation is requested to allow sod as a planting material and to meet the SFWMD permit right-of-way cross section. Staff Analysis and Recommendation: Staff finds that the petitioner's deviation and rationale supportable for this project. The proposed deviation is similar to previous LDC provisions regarding use of sod on slopes. The height limitation proposed should address health, safety and welfare concerns of this LDC provision. Zoning and Land Development Review staff recommends APPROVAL of this deviation with the limitations suggested above, 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 PUDA-PL20130001056: Brandon RPUD Page 16 of 25 January 15,2014(Revised 1-16-14, 1-21-14) Packet Page-1755- 3/25/2014 17.B. has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 15 seeks relief from LDC Section 4.06.02.C. that requires a 15 foot wide Type "B" landscape buffer between amenity centers and residential uses, to allow a 10 foot wide Type "B" landscape buffer. Petitioner's Rationale: The applicant states in his justification for this deviation the following: This deviation is intended to allow flexibility in the buffer between the internal community amenity center and adjacent residential lots, given site constraints due to the unique configuration of this community. The intended buffer will include a wall and the required type "B" buffer plantings, however allowing a minimum 10 foot buffer width will allow for a more creative design that could meander between the amenity center and adjacent residential lots. The all and vegetation buffer combination will provide adequate screening and sound attenuation to ensure compatibility between the uses.. Staff Analysis and Recommendation: Staff finds that the petitioner's deviation and rationale supportable for this project. While the proposed deviation reduces the required buffer width it also incorporates a wall requirement that will better address potential compatibility issues. Staff however recommends that the proposed wall noted in the application be made part of this landscape buffer deviation if approved. Zoning and Land Development Review staff recommends APPROVAL of this deviation with the limitations suggested above, 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." Staff recommends approval of the fifteen proposed deviation and a stipulation that incorporates deviation Figures 1 through 7 provided in the application into the deviation section of the PUD document. The figures can be used to further clarify the purpose and intent of each deviation. (See staff recommendations and attachment C.) FINDINGS OF FACT: PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): 1. The suitability of the area for the .type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. PUDA-PL20130001056: Brandon RPUD Page 17 of 25 January 15, 2014(Revised 1-16-14, 1-21-14) Packet Page-1756- 3/25/2014 17.B. Staff has reviewed the proposed amendment and believes the uses and property development regulations are compatible with the development approved in the area. The commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion and the analysis provided by 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 PUD Amendment remains 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 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 petitioner is revising only minor property development standards, and staff believes uses remain compatible given those standards and project commitments. 5. 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. 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 PUDA-PL20130001056: Brandon RPUD Page 18 of 25 January 15,2014(Revised 1-16-14, 1-21-14) Packet Page-1757- 3/25/2014 17.B. 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 fifteen deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff has provided an analysis of the deviations in the Deviation Discussion portion of this staff report, and is recommending approval of the deviations. Rezone Findings: LDC Subsection 10.02.08.F. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, &policies of the Future Land Use Map and the elements of the Growth Management Plan. The zoning analysis provides an in-depth review of the proposed amendment. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. 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 because uses are not changing with this amendment. 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. PUDA-PL20130001056: Brandon RPUD Page 19 of 25 January 15,2014(Revised 1-16-14, 1-21-14) Packet Page-1758- 3/25/2014 17.B. Staff believes the proposed amendment is appropriate given the existing land use pattern, and development restrictions included in the PUD Ordinance. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD amendment would not create an isolated zoning district because the subject site is already zoned PUD and there are no land additions proposed as part of this amendment. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the district boundaries are logically drawn given the current property ownership boundaries and the existing PUD zoning. S. 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 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. The applicant's request is consistent with the proposed GMPA. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed amendment, with the commitments made by the applicant, can been deemed consistent with the County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes restrictions and development standards that are designed to address compatibility of the project. Development in compliance with the proposed PUD amendment should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project with the commitment that has been provided by the developer. 8. Whether the proposed change will create a drainage problem; PUDA-PL20130001056: Brandon RPUD Page 20 of 25 January 15,2014(Revised 1-16-14, 1-21-14) Packet Page-1759- 3/25/2014 17.B. The proposed amendment should not create drainage or surface water problems. The developer of the project will be required to adhere to a surface water management permit from the SFWMD in conjunction with any local site development plan approvals and ultimate construction on site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this amendment petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the 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. PUDA-PL20130001056: Brandon RPUD Page 21 of 25 January 15,2014(Revised 1-16-14, 1-21-14) Packet Page-1760- 3/25/2014 17.8. 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 rezoning 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. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. 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): DR Horton (contact purchaser of the project) in conjunction with RWA Consulting Inc., Coleman, Yovanovich & Koester, P.A., and Collier County Staff conducted a Neighborhood Information Meeting (NIM) on October 1, 2013. Patrick Vanasse, AICP, Planning Director of RWA began the NIM meeting at 5:45 pm PUDA-PL20130001056: Brandon RPUD Page 22 of 25 January 15,2014(Revised 1-16-14, 1-21-14) Packet Page-1761- 3/25/2014 17.B. Patrick welcomed the one and only attendant, Doug Fee, and introduced himself and project team: Steve Boyette, Project Manager representing DR Horton (contract purchaser of property); Rich Yovanovich, Land Use Attorney with Coleman, Yovanovich and Koester; Chris Hagan of Hagan Engineering representing the current owner of the property and contract seller; Margaret Emblidge, certified planner with RWA; and Mike Sawyer, planning reviewer with Collier County. Patrick presented a general project overview and handed out a fact sheet which included pertinent development information related to the Brandon Residential Planned Unit Development (RPUD) Amendment application. The presentation generally addressed the following: • Project size:+/-51 acres • Project location: South East quadrant of intersection of Livingston Road and Veterans Memorial Blvd. • Adjacent land uses: described information identified on PUD Master Plan • Previous zoning approval: PUD approval in 2008,for 204 residential units and accessory uses • Need for current amendment: owner recently completed ERP permit and proposed preserves depicted on 2008 PUD Master Plan had to be modified to make preserve area larger (11.08 ac to 12.04 ac) and contiguous to adjoining properties. As a result of approved ERP, Master Plan has to be modified, which led to the need for an amendment. • Other changes requested as part of amendment: in light of this need for a PUD amendment the contract purchased is asking the following changes to accommodate the revised site plan and engineering designed and DR Horton's development intent: o Moving access point along Veterans Memorial Blvd.to the east o Removal of developer commitments as directed by staff and to eliminate redundancy with LDC. o Add new deviations mostly associated with signage, due to limited visibility along Livingston Road and Veterans Memorial Blvd.;and to accommodate SFWMD dictated engineering design o Limited modification of design standards to allow flag lots and 5' side yard setbacks o Revisions to potential/conceptual project interconnections to a defined interconnection as approved in the SFWMD ERP. o Removal of the affordable housing contribution requirement. A number of questions were asked and comments were made by the attendee. Most of the questions related to clarifying elements of the RPUD amendment that were included in the application and briefly presented at this meeting. Q. Questions regarding the intended engineering of the accesses on Veterans Memorial Blvd. and Livingston Road. A. Both entrances will have turn lanes and Veterans Memorial Blvd. will have a full access opening and Livingston Road will be a right-in right-out only. Q. Clarification was requested for the signage deviations. A. It was explained that not all the deviations would be necessary but that the deviations were requested to allow larger signs to ensure visibility due to the locations of the entrances. For example, the entrance on Livingston Road is on a curve of a major thoroughfare having relatively higher speeds. It was explained that the sizes were similar to previously approved projects. Q. Questions regarding the future of Veterans Memorial Blvd. were asked. A. It was explained that this project was not affecting any plans that the County has for that road. Q. A Question was asked regarding the status of the potential interconnections previously included. PUDA-PL20130001056: Brandon RPUD Page 23 of 25 January 15,2014(Revised 1-16-14, 1-21-14) Packet Page-1762- 3/25/2014 17.B. A. It was explained the previous plan had shown an interconnection to the south through Verona Pointe but since the SFWMD ERP resulted in the reconfiguration of the preserve areas this connection was no longer feasible. The potential interconnection to adjacent properties to the east has been provided on the Master Plan and was established through the SFWMD ERP. It was relayed that Staff has been in support of the revisions and that it met County interconnection requirements. Q. Clarification was asked for the proposed buffers and what the impact would be from the future North Naples Fire Station. A. It was explained that the Fire Station was not a perceived issue and that the proposed perimeter buffer and separation from the Fire Station site would address noise impacts as best as could be expected. Overall the discussion included providing a more detailed explanation of the information provided in the application.No new commitments were requested nor proposed. Meeting adjourned at 6:35 pm. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition on 1/21/14. RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition PUDA- PL20130001056 to the BCC with a recommendation of approval subject to staffs recommended action on the deviations as shown below: Approval of Deviations 6 and 15 with the stipulation that the masonry wall noted in the application and staff report be made part of the required landscape buffers. Approval of Deviations 1 through 15 with the stipulation that the deviation figures 1 through 7 provided with the application be made part of deviation section of the PUD document. Attachments: A. Application B. PUD Ordinance C. Deviation figures 1 through 7 PUDA-PL20130001056: Brandon RPUD Page 24 of 25 January 15,2014(Revised 1-16-14, 1-21-14) Packet Page -1763- 3/25/2014 17.B. PREPARED BY: ( i"i�� f I .16. 14 MIC'•AEL SA , R, PROJECT MANAGER DATE PLANNING AN I ZONING DEPARTMENT REVIEWED BY: F ) A/ f / f - RAYMOND V. BELLOWS,ZONING MANAGER DATE PLANNING AND ZONING DEPARTMENT , MICHAEL BOSI, AICP, DIRECTOR DATE PLANNING AND ZONING DEPARTMENT APPROVED BY: r '- ? ... f NICK-CASALANGUIDA, AD INISTRATOR DATE GROWTH MANAGEMENT DIVISION Tentatively scheduled for the March 26, 2013 Board of County Commissioners Meeting PUDA-PL201 3000 1 056: Brandon RPUD January 15, 2014(Revised 1-16-14) Packet Page-1764- 3/25/2014 17.B. ORDINANCE NO. 14- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 08-13 WHICH ESTABLISHED THE BRANDON RESIDENTIAL PLANNED UNIT DEVELOPMENT, TO RETAIN THE DENSITY OF 204 RESIDENTIAL UNITS; TO REVISE THE MASTER PLAN TO CHANGE THE LOCATION OF THE ENTRANCE ROAD ON VETERANS MEMORIAL BOULEVARD, TO RECONFIGURE THE ON- SITE PRESERVE AREAS AND RECONFIGURE THE DEVELOPMENT AREA; TO REVISE DEVELOPMENT STANDARDS; TO ADD DEVIATIONS; AND TO MODIFY DEVELOPMENT COMMITMENTS INCLUDING REMOVAL OF THE AFFORDABLE HOUSING COMMITMENT. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTHEAST CORNER OF LIVINGSTON ROAD AND VETERANS MEMORIAL BOULEVARD IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 51± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDA- PL20130001056] WHEREAS, Patrick Vanasse of RWA, Inc. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. representing D. R. Horton, Inc. petitioned the Board of County Commissioners to amend the Brandon Residential Planned Unit Development. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendment to RPUD Document. The RPUD Document, attached as Exhibits "A" through "G" to Ordinance No. 08-13 is hereby amended and supplemented with the RPUD Document attached hereto as Exhibits "A" through "3"and incorporated herein by reference. 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. Brandon RPUD\PUDZA-PL20 1 3000 1056 Rev. 2/25/14 1 of 2 Packet Page -1765- 3/25/2014 17.B. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TOM HENNING, Chairman Approved as to form and legality: Heidi Ashton-Cicko tiw Managing Assistant County attorney Attachments: Exhibit A—Permitted Uses Exhibit B—Residential Development Standards Exhibit C—Master Plan Exhibit D—Legal Description Exhibit E - List of Requested Deviations Exhibit F—List of Development Commitments Exhibit G—Interlocal Agreement(no change)—See Ordinance 08-13 Exhibit H—Figure 1 —Right of Way Cross Sections Exhibit I- Figure 2—Sidewalk Plan Exhibit J— Figure 6 Signage Plan CP\]3-CPS-01254\38 Brandon RPUD\PUDZA-PL20130001056 Rev. 2/25/14 2 of 2 Packet Page-1766- 3/25/2014 17.B. EXHIBIT A Brandon Residential Planned Unit Development for development of the Brandon Residential Planned Unit Development (RPUD) shall be in accordance with the contents of this RPUD Ordinance and applicable sections of the Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this RPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. I. GENERAL USES Certain uses shall be considered general permitted uses and structures throughout the Brandon RPUD except in the preserve areas. General permitted uses and structures are those uses, which generally serve the developer and residents of the Brandon RPUD and are typically part of the common infrastructure or are considered community amenities. GENERAL PERMITTED USES AND STRUCTURES: 1. Water management facilities and related structures. 2. Common recreation amenities: should these uses be located adjacent to external properties, a 15' type B buffer with a 6' wall shall be provided between the amenity center tract and the external property. Principal structures must be set back a minimum of 30'. 3. Guardhouses, gatehouses and access control structures. 4. Temporary construction, models, sales, and administrative offices subject to a temporary use permit. H. RESIDENTIAL AREA MAXIMUM DENSITY: There shall be no more than 204 residential dwelling units permitted on the +1- 51.1 gross acres resulting in a maximum density of 3.99 units per acre. PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Single-family detached dwelling units (a building which contains only one dwelling unit). 2. Zero lot line dwelling units (a single family detached dwelling structure on individually platted lots which provides a side yard on one side of the dwelling and no yard on the other). Brandon RPUD PUDA-PL20130001056-Rev.02/0326/2014 Words added are underlined,words deleted are streek-Ow Packet Page-1767- 3/25/2014 17.B. EXHIBIT A Brandon Residential Planned Unit Development 3. Two-family dwelling units (a single, free-standing conventional building intended, designed, used and occupied as two dwelling units attached by a common wall or roof, but wherein each unit is located on a separate lot under separate ownership). 4. Duplex dwelling units (a single, free-standing, conventional building on a single lot, which contains only two dwelling units and is intended, designed, used and occupied as two dwelling units under single ownership, or where each dwelling unit is separately owned or leased but the lot is held under common ownership). 5. - - - -• . .:_ . . : Townhouse dwelling units. 6. Multi-family dwelling units. 7. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA")or Hearing Examiner by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including,but not limited to private garages. III. PRESERVE AREA A preserve area is delineated on the Master Plan to protect native vegetation and naturally functioning habitat in a natural or enhanced state. On-site native vegetation areas total 47.2 acres, therefore a minimum of 11.8 acres shall be dedicated as preserve area in the Brandon RPUD to meet the 25% native vegetation requirement. The Master Plan attached as Exhibit C delineates !.• :_ - , -•- - : --- : -:. The remaining 8% of preserve area (0.9 acres) Section 3.05.07.1-1.1.a.ii. PERMITTED USES: No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional state and federal permits when required: A. Principal Uses: 1. Open spaces/nature preserves. 2. Boardwalks subject to appropriate approvals by permitting agencies and Collier County LDC. , however such structures shall not reduce the retained native vegetation area below the minimum required. Brandon RPUD PUDA-PL20130001056-Rev.02/0263,2014 Words added are underlined.,words deleted are struele-tlr Packet Page-1768- 3/25/2014 17.B. EXHIBIT B Brandon Residential Planned Unit Development RESIDENTIAL DEVELOPMENT STANDARDS The Residential Development Standards Table that follows sets forth the development standards for the Residential Planned Unit Development (RPUD) Residential Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the site development plan (SDP) or subdivision plat. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. Brandon RPUD PUDA-PL20130001056-Rev.02/032126/2014 Words added are underlined,words deleted are steuelE4FE Packet Page -1769- 3/25/2014 17.B. EXHIBIT B Brandon Residential Planned Unit Development DEVELOPMENT SINGLE SINGLE SINGLE TWO- DUPLEX MULTI- CLUBHOUSE/ STANDARDS FAMILY FAMILY, FAMILY FAMILY FAMILY RECREATION ATTACHED-8r ZERO LOT BUILDINGS TOWNHOUSE LINE PRINCIPAL STRUCTURES MINIMUM LOT AREA 4,500 S.F. 1,700 S.F. 4,500 S.F. 4,000 S.F. 8,000 S.F. 1,700 S.F. 6,000 S.F. PER UNIT PER UNIT PER UNIT PER UNIT PER UNIT MIN.LOT WIDTH ' ,4 45 FEET 17 FEET 45 FEET 40 FEET 80 FEET 90 FEET 75 FEET MIN.FLOOR AREA 1,000 S.F. 1,000 S.F. 1,000 S.F. 1,000 S.F. 1,000 S.F. 900 900 S.F. S.F./D.U. MIN.FRONT YARD 2,5 20 FEET 20 FEET 20 FEET 20 FEET 20 FEET 20 FEET 20 FEET MIN.SIDE YARD 6-FEET 0 OR 7.5 0 AND 12 0 AND 6 FEET 6 FEET 10 FEET 10 FEET FEET FEET MIN.REAR YARD 3 15 FEET 15 FEET 15 FEET 15 FEET 15 FEET 15 FEET 15 FEET MIN.PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MIN.DISTANCE BETWEEN 4.2-1QFEET 0 OR 15 FEET 12 FEET 0 OR 12 FEET 12 FEET >20 FEET 10 FEET STRUCTURES or 1/2 BH, whichever is greater MAX. ZONED BUILDING 35 FEET 35 FEET 35 FEET 35 FEET 35 FEET 50 FEET 35 FEET HEIGHT 3 STORIES MAX.ACTUAL BUILDING 40 FEET 40 FEET 40 FEET 40 FEET 40 FEET 55 FEET 40 FEET 'EIGHT 3 STORIES .CCESSORY STRUCTURES MIN.FRONT YARD SPS SPS SPS SPS SPS SPS SPS MIN.SIDE YARD SPS SPS SPS SPS SPS SPS SPS MIN.REAR YARD 3 9 FEET from 0 FEET from a 0 FEET from 0 FEET from a 0 FEET from 0 FEET from 0 FEET from a a LME or LBE LME or LBE§ a LME or LME or LBE& a LME or LBE a LME or LME or LBE& 5 FEET PCL•t LBE5 FEET FEES 5 FEET LBE 5 FEET FEET MIN.PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET MIN.DISTANCE BETWEEN 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET 10 FEET 5 FEET PRINCIPAL& DETACHED ACCESSORY STRUCTURE MAX.ZONED BUILDING 35 FEET 35 FEET 35 FEET 35 FEET 35 FEET 35 FEET 35 FEET HEIGHT MAX.ACTUAL BUILDING 40 FEET 40 FEET 40 FEET 40 FEET 40 FEET 40 FEET 40 FEET HEIGHT On cul de sac lots and lots on the inside part of a curved street,the minimum lot width may be reduced by 30%,provided the minimum lot area requirement shall be maintained. 2,Front yard setbacks shall be measured from bock of curb .Where there are ttront-loading garages Shell-beg minimum set bads mmn of 23 feet ;hall be provided from edge of sidewalk or 23 feet from the edge of pavement where no sidewalk is provided. For side-loading garages,a parking area of 23 feet in depth shall be provided to avoid parking of a vehicle across the referenced sidewalk or pavement. 'For lots adjacent to a lake,no structures shall be permitted in the required 20 foot lake maintenance easement. 4.The use of flag lots is allowed in the subdivision design and may vary from the minimum lot widths.However,neither the minimum lot area,nor the minimum distance between structures may be reduced.Flag lots shall be permitted in accordance with deviation#12, 5.Corner lots shall have one front,one rear and two side yards.The front yard shall be that lot line that has the shortest frontaae on a right of way, LBE= Landscape Buffer Easement LME= Lake Maintenance Easement Brandon RPUD PUDA-PL20130001056-Rev.02/932426/2014 Words added are underlined,words deleted are struek-thrt Packet Page-1770- 3/25/2014 17.B. EXHIBIT C I __-__ __�__ MEDITERRA I RE90ERi 1.I __ ---_-- S'- - E g VETERANS MEMORIAL BOULEVARD -- --- - RnPE �� I I "D"BUFFER_ 10' TYP __ I "A"BUFFER R - _..--.._._ 1 / 15' 1�YPE -B' BUFFER I I 0 R URBAN o' nPE -'�J i RESIDENTIAL "A"BUFFER I� — I r 10 TYPE---. R I ®"A" BUFFER DELLA ROSH— _ /ii- ..-__-•-•-.- x--10' TYPE /',I� R R =A"BUFFER I I ST-SPECIAL I TREATMENT Is� "AO BUFFER I NruKE r rs OVERLAY "AO BUFFER Z I LA -� 1I ° \ I — ST-SPECIAL 2 II i' L — _ FFERI %// o' TYPE TREATMENT W 1 ,I NRE RE1RED j "A`BUFFER OVERLAY I '® �� j/1j//// � / W 1 \ %PRESERVE PRESERVE 41 41 REOU RED BUFFER W a 1\ "Al; TYPE j//R (7- - - - -f: \ "BUFFE x 7.'5 R . 10'min 0. T--._.-"_' '. — R� "A-BUFFER 15'TYPE R �' ` D"BUFFER LAND USE KEY \ r i?�cyy O TYPE•RESIDENTIAL (R) s . SERVE ND BUFFER "A BUFFER AN I \ °4, REgUIREO RESIOEMIAL ,. -SINGLE FAMILY -TWO FAMILY \ q. -SINGLE FAMILY ZERO LOT LINE `C/ +�'1,-...1,.' - . -DUPLEX ` \ ' ::...-_. VERONA POINTE -MULTIFAMILY til ` - -COMMON AREA ` I -OPEN SPACE ` -WATER MANAGEMENT AREAS -RECREATION FACILITY PROJECT LAND USE .. RESIDENTIAL (R) 27.87 ACf N r LAKES 4.42 AC± PRESERVE REQUIRED 11.81 ACt \ �: � PRESERVE PROVIDED/SHOWN 11.82 ACt ROADS/ROW 6.77 AC LEGEND TOTAL NET ACREAGE 51.10 AC± MINIMUM OPEN SPACE(60%) 30.66 AC± r 4 PRESERVE AREA DENSITY: 204 UNITS/51.1 AC. = 3.99 UNITS PER ACRE WATER MANAGEMENT AREA RPUC BOUNDARY RPUD MASTER PLAN NOTES RIGHT OF WAY 1. THE FACILITIES AND IMPROVEMENTS SHOWN ON THIS PUD - --- - -SPECIAL TREATMENT ZONE MASTER PLAN SHALL BE CONSIDERED CONCEPTUAL IN NATURE. 1 QED ZONING CLASSIFICATION 2. THE DESIGN, LOCATION, AND CONFIGURATION OF THE LAND IMPROVEMENTS SHALL BE DEFINED AT EITHER SDP APPROVAL LUC LAND USE CLASSIFICATION OR CONSTRUCTION PLANS AND PLAT APPROVAL. R RESIDENTIAL AREA .I...04 MAJOR ACCESS POINTS E--3P- RESERVED INTERCONNECTION DIATA DIGDA2/z,,,4 IE 'N C T: D.R. NORTON INC. CONSULTING CivriEngineemog _N.T.S. i N V VA. A. Surveying&Mapping DRAWNR@ TITLE: BRANDON RPUD MASTER PLAN 6610 Witco Park Drive,Suite 200 P.T.N. Naples,Honda 34109 CHECKED on (239)597.0575 FAX:(239)597-0578 M.E. wyAvzonsun-rea.wm Florida Certificates of 6952 ea00R Ems' 7.n ROIL PHO''ECT 130003.00.03 NU 1 OF 1 1300030003P02 EB7663 LB 6952 1: '°"' "- "�� -- —Packet Page-1771--. 3/25/2014 17.B. EXHIBIT D Brandon Residential Planned Unit Development The subject property,being 51.1+acres, is described as: PARCEL ID 00149640004: THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 AND THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PARCEL ID 00148120004: THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 AND THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PARCEL 00149520001: THE NE 1/4 OF THE NE 1/4 OF THE SW 1/4 OF THE NE 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST. PARCEL 00149480002: THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHWEST ONE QUARTER (NW 1/4) OF THE NORTHEAST ONE-QUARTER(NE 1/4) OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND THE NORTHWEST ONE- QUARTER (NW 1/4) OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PARCEL 00149800006: THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHWEST ONE-QUARTER(NW 1/4) OF THE NORTHEAST ONE-QUARTER(NE 1/4), OF THE NORTHEAST ONE-QUARTER (NE 1/4), SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND THE NORTHWEST ONE- QUARTER (NW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHEAST ONE-QUARTER(NE 1/4), OF THE NORTHEAST ONE-QUARTER (NE 1/4), SECTION 13,TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY, FLORIDA; PARCEL 00151120004: THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE NORTHWEST ONE-QUARTER(NW 1/4) OF THE NORTHEAST ONE-QUARTER(NE 1/4), OF THE NORTHEAST ONE-QUARTER (NE 1/4), SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA; PARCEL 00148400009: THE SOUTHWEST ONE-QUARTER (SW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4), OF THE NORTHEAST ONE-QUARTER (NE 1/4), SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; Brandon RPUD PUDA-PL20130001056-Rev.02/9326/2014 Words added are underlined,words deleted are struek-through Packet Page-1772- 3/25/2014 17.B. EXHIBIT D Brandon Residential Planned Unit Development PARCEL 00150960003: THE E.1/2 OF THE N.1/2 OF THE S.W. 1/4 OF THE S.W. 1/4 OF THE N.E. 1/4 SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THE WEST 15 FEET OF THE DESCRIBED PROPERTY IS RESERVED FOR EASEMENT PURPOSES. LESS A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.88°20'15"W., ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 2650.16 FEET, TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 13; THENCE RUN N.00°36'50"W., ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 2692.40 FEET, TO THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE CONTINUE N.00°36'50"W., ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 336.73 FEET, TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE RUN N.88°31'06"E., ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 331.82 FEET, TO THE SOUTHWEST CORNER OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.00°36'15"W., ALONG THE WEST LINE OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 180.39 FEET, TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, WHOSE RADIUS POINT BEARS N.55°10'01"E. A DISTANCE OF 1772.36 FEET THEREFROM; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1772.36 FEET, THROUGH A CENTRAL ANGLE OF 07°18'23", SUBTENDED BY A CHORD OF 225.86 FEET AT A BEARING OF S.38°29'11"E.,FOR A DISTANCE OF 226.01 FEET,TO THE END OF SAID CURVE AND A POINT ON THE SOUTH LINE OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE RUN S.88°31'06"W., ALONG THE SOUTH LINE OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE Brandon RPUD PUDA-PL20130001056-Rev.02/9326/2014 Words added are underlined,words deleted are strue# gh Packet Page-1773- 3/25/2014 17.B. EXHIBIT D Brandon Residential Planned Unit Development NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 138.70 FEET TO THE POINT OF BEGINNING, CONTAINING 0.27 ACRES, MORE OR LESS. PARCEL 00149680006: THE SW 1/4 OF THE NW 1/4 OF THE SE 1/4 OF THE NE 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST. PARCEL 00148160006: THE NE 1/4 OF THE SW 1/4 OF THE NE 1/4 OF THE NE 1/4, SECTION 13, TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY,FLORIDA. PARCEL 00149440000: THE SOUTHEAST ONE-QUARTER (SE-1/4) OF THE NORTHEAST ONE-QUARTER(NE-1/4) OF THE SOUTHWEST ONE-QUARTER (SW-1/4) OF THE NORTHEAST ONE-QUARTER(NE-1/4) OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST. PARCEL 00151200005: THE SOUTHWEST ONE-QUARTER (SW-1/4) OF THE NORTHEAST ONE-QUARTER (NE-1/4) OF THE SOUTHWEST ONE-QUARTER (SW-1/4) OF THE NORTHEAST ONE-QUARTER(NE-1/4) OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST. PARCEL 00148080005: A PARCEL OF LAND IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST QUAR 1'hR OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.88°57'29E., ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 862.17 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF LIVINGSTON ROAD, A 275.00 FOOT RIGHT-OF-WAY, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.88°57'29"E., ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 133.12 FEET TO THE SOUTHEAST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTEROF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N.00°07'26"W. ALONG THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 672.76 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.88°59'57"W., ALONG THE NORTH LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 331.87 FDEET TO THE NORTHWEST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.00°08'03"E, ALONG THE WEST LINE OF THE WEST HALF OF THE Brandon RPUD PUDA-PL20130001056-Rev.02/9326/2014 Words added are underlined,words deleted are Packet Page-1774- • 3/25/2014 17.B. EXHIBIT D Brandon Residential Planned Unit Development SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF TEH NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 336.50 FEET TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13,THENCE RUN S.88°58'45"W., ALONG THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 193.14 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF LIVINGSTON ROAD A 275.00 FOOT RIGHT-OF-WAY, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS N.48°19'14"E. A DISTANCE OF 1772.36 FEET THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1772.36 FEET, THROUGH A CENTRAL ANGLE OF 16°37'26", SUBTENDED BY A CHORD OF 512.43 FEET AT A BEARING OF S.49°59'30"E., FOR A DISTANCE OF 514.23 FEET TO THE POINT OF BEGINNING; CONTAINING 5.25 ACRES,MORE OR LESS. Brandon RPUD PUDA-PL20130001056-Rev.02/032Si/2014 Words added are underlined,words deleted are airuc t'--ou gh Packet Page-1775- 3/25/2014 17.B. EXHIBIT E Brandon Residential Planned Unit Developmeat LIST OF REQUESTED DEVIATIONS Deviation #1 seeks relief from LDC, Section 6.06.01. (also Code of Laws and Ordinances Administrative Code Section 12 12.C.13.e)which requires minimum local street right-of-way width of 60 feet, to allow a 50' right-of-way width for the internal streets and a 50' right-of-way that includes public utilities when preserves are adjacent to the right-of-way. See Figure 1. - . -- - . - - .. :. -- - --. , _ • - -- . .. -• bike traffic while accommodating all utility and drainage needs. The 50 foot right of way the development is compact, the native vegetation is less impacted, and open spaces can be Additionally, if an access road is designed to connect to the existing 40 foot wide public access access easement. Deviation #2 seeks relief from LDC Section 6.06.02.A, which requires construction of five-foot wide sidewalks on both sides of local streets, to allow a single five-foot wide sidewalk on one side of the internal cul-de-sac road rights-of-way and a single five-foot wide sidewalk on the spine road only where there is apreserve adjacent to the right-of-way.The remainder of the spine road will meet LDC Section 6.06.02. See Figure 2. Deviation #2 #3 DELETED -- - •- .-- -• - - • : e - ' -Section 2 12.C.13 j. which requires tangents for all streets between reverse curves, unless otherwise approved by the County Manager, or his designee, pur3uant to LDC, Section 10.02.01. , Tangents Shall not be required between reverse curves on any project 3trects. This deviation is speed limit of 25 mph,the design promotes traffic calming. Deviation #3#4 seeks relief from Code of Laws and Ordinances Section 22-112 which requires allows for excavated areas a-to have a maximum four to one slope from existing grade to a breakpoint at least 10 feet below the control elevation, to allow 8.5 feet below control elevation. , . - - - . -. This equates to 3 ft. below documented low water elevation/dry season water table. The Engineering Review Service Department Director has approved this deviation in accordance with Section 22-112. Brandon RPUD PUDA-PL20130001056-Rev.02/4-32426/2014 Words added are underlined words deleted are saruek-through Packet Page -1776- 3/25/2014 17.B. EXHIBIT E Brandon Residential Planned Unit Development Deviation #5 seeks relief from LDC Section 5.03.02.C, which permits a maximum wall height of 6' in residential zoning districts,to allow a maximum wall height of 8' along the perimeter of the project and where abutting an existing public roadway, allow a 1.5'tall wall/berm combination. Deviation # 6 seeks relief from. LDC Section 4.06.02.C.4. which requires a 20' 'wide type D buffer along a public right-of-way for developments greater than 15 acres, to allow a 15' type D buffer in. conjunction with the proposed increased height for the perimeter berm/wall combination requested in Deviation #5. Deviation #7 seeks relief from LDC Section 5.04.06.A.3.e. which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height. to allow a temporary banner sign up to a maximum of 60 square feet in area. The temporary banner signs shall be limited to maximum of 180 days during season defined as November 1"to April 30th per calendar year. Deviation #8 seeks relief from LDC Section 5.06.02.B.6, which permits two (2) ground signs per entrance to the development, to allow for one (1) ground sign known as "Boundary Markers" on Livingston Road and one on Veterans Memorial Blvd. These "Boundary Markers" would be in, addition to the project entrance signs. The proposed `Boundary Markers" will be permitted at a maximum height of 10' and sign area of 32 s.f per sign. Deviation #9 seeks relief from LDC Section 5.06.02.B.6. which permits ground entrance signage only on-site within residential zoning districts, to allow one of two ground entrance signs OR a median ground sign at the Livingston Road entrance to be located on the County right-of-way remnant triangle piece left over from the construction of Livingston Road. The off premise sign may be permitted if a right of way permit is approved or if the remnant parcel is purchased by the owner of the Brandon RPUD. See Figure 6. Deviation #10 seeks relief from LDC Section 5.06.02.B.5. which requires on-premise directional signs to he setback a minimum of 10' from internal property lines, to allow for on-premise directional signage to be setback a minimum of 5' from internal property lines. This deviation does not apply to property adjacent to public roadways. Deviation #11 seeks relief from LDC Section 5.06.02.B.6, which permits two (2) ground signs per entrance to the development with a maximum height of 8' and total sign area of 64 s. f. per sign, to allow for two (2) around signs per project entrance with a maximum height of 10' and sign area up to 80 s. f. per sign allowing a total sign area of 160 s.f. Deviation #12 seeks relief from LDC Section 1.08.02. "Lot measurement width", to allow a minimum frontage on the internal streets to be 22 feet as measured by the cord method to permit flag lots. Deviation#13 seeks relief from LDC Section 4.06.05.J. Slope Table to allow sod as the planting material for 3:1 slopes with a maximum height of 2 feet. Brandon RPUD PUDA-PL20130001056-Rev.02/43-2426/2014 Words added are underlined,words deleted are struck-OK-eegl Packet Page-1777- 11 3/25/2014 17.B. EXHIBIT E Brandon Residential Planned Unit Development Deviation #14 seeks relief from. LDC section 4.06.02.0 that requires a 15' Type B buffer between amenity centers and residential uses to allow a Type B buffer with a 6' wall within a 10' width for internal residential uses. A Disclosure on the location of the amenity center site must be provided to all buyers. Brandon RPUD PUDA-PL20130001056-Rev.02/032426/2014 Words added are underlined,words deleted are struck-Ehseugl Packet Page -177$- 12 3/25/2014 17.B. EXHIBIT F Brandon Residential Planned Unit Development DEVELOPMENT COMMITMENTS GENERAL: .. - - -- : . .. •.• _ e • - --- - - ---- - - - ! . One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval,the Managing Entity is Fullerton Bonita, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document 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. The Managing Entity is also the developer under the subheading INDEMNIFICATION AGREEMENT on Exhibit F. TRANSPORTATION: A. All traffic control devises, signs, pavement marking, and design criteria shall be in• B. Access points shown on the RPUD • - ' •- • - - - - - : - - - •• . • . -; , - ... - . - -- - -. :- -. -- . - - . • e . _ - - - od_ C. Site related improvements (as opposed to system related improvements) necessary for eligible for impact fcc credits. All improvements necessary to provide safe ingress and commencement of D. Nothing in any development order shall vest a right of access in excess of a right -• , . .. - _ , . . - . . - •- . , : : • . , , ,- - - - -, -;a- . _ .•- -- -- .- .: , its successor in Brandon RPUD PUDA-:PL20130001056-Rev.02/034426/2014 Words added are underlined,words deleted are struck thr- Packet Page-1779- 3/25/2014 17.B. EXHIBIT F Brandon Residential Planned Unit Development E. If any required turn lane improvement requires the use of any existing County rights of successors, or assigns. A. If, in the sole opinion of Collier County, traffic signal(s), other traffic control device, sign, pavement marking improvement within any public right-of-way or easement,or site related improvements (as opposed to system related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, are determined to be necessary, the fair share cost of such improvement shall be the responsibility of the developer, its successors or assigns. The improvements shall be paid for or installed prior to the issuance of the appropriate, corresponding CO. Additionally, proportionate fair share payment will be determined by a traffic study and will be paid by the developer to Collier County prior to SDP or PPL approval consistent with the terms of the attached Exhibit G, entitled "Interlocal Agreement by and between Collier County and the School District of Collier County"dated August 16,2007 (OR Book 4281,Page 1295). G. The interconnection point via Verona Pointe shown on the RPUD Master Plan is• . .. . .. _ _ - . - --- - - . S _•._- - -- - . : - -- - - - -- - -- : .. .. • • - ' - - ••• - - - - -. - - - • - - • - •--: - - -- - • - RPUD Ordinance, hex upen netificatiefi by Transportation Staff, the developer, or cross access easements. The private cross access casements, once recorded, shall be the connection through Verona Pointe: Brandon RPUD PUDA-:PL20130001056-Rev.02/932426/2014 Words added are underlined,words deleted are Packet Page-1780- 3/25/2014 17.B. EXHIBIT F Brandon Residential Planned Unit Development -- - -. - •- • - - • - --.. - - . - •- - --, . - - - -- -• •:•• - --- •- _ . - , -- - - -_- , - --- - , :-, . , . BA, Access points for connection to off-site properties to the east are shown on the RPUD Master Plan. The costs for providing access through each access point for interconnection will be determined by the developer and such landowners as may desire to use any one or more access point(s), or in the alternative,as provided for by general law. Once Developer obtains both the SFWMD and ACOE permits, he shall notify by certified mail the 8 lot owners to the east of the RPUD and the owner of the Center Pointe Church property (or any subsequent legal purchasers of any of these properties) that the permits have been issued. The notified owners shall have three years from receipt of the notification to reach an agreement for the use of these access points. ' C. The Developer shall provide an access easement to the Center Pointe Church parcel. The access easement shall be located in the south east corner of the RPUD property. The access easement shall not exceed one-tenth of an acre in size. The access easement shall be free and clear of all encumbrances except for a conservation easement to state agencies which may be modified at the Center Pointe Church property owner's expense. The owner of the Center Pointe Church parcel shall design,permit,mitigate and construct the access. In addition, the owner of the Center Pointe Church parcel shall not permit access in the access easement until the SFWMD permit modification, Application No. 140121-21/Permit No. 11-03477-P, is approved. WATER MANAGEMENT: The Brandon RPUD conceptual surface water management system is described in the SFWMD ERP Permit No. 11-03477-P , which has been included in the RPUD rezone application materials. Water management infrastructure shall be operated and maintained by the developer until conveyed to the homeowners' association. UTILITIES: Brandon RPUD PUDA-:PL20130001056-Rev.02/8-3-2426/2014 Words added are underlined,words deleted are stfaelr-tka- Packet Page-1781- 3/25/2014 17.B. EXHIBIT F Brandon Residential Planned Unit Development A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within the platted rights-of-way or within dedicated utility easements shall be conveyed to the Collier County Public Utilities Division. B. All customers connecting to the potable water and sanitary sewer system shall be customers of the Collier County Public Utilities Division. ENVIRONMENTAL: A. Special Treatment(ST) Overlay District designations shall be eliminated from the subject pfePert- B. All preserve areas shall be identified as separate tracts and be protected by a permanent CA. •.• . ` -: _•- : • -- • .•:• •-- ; -- _ - _ :.-: - : - ::: pretested- peeies. A Habitat Management Plan for Big Cypress Fox Squirrel shall be submitted to Environmental Review Staff for review and approval prior to SDP or subdivision plat approval. INDEMNITY AGREEMENT: The developer agrees to indemnify, defend, and hold harmless the County in the event of the County being named in any suit brought by adjacent or nearby land owners of undeveloped property to establish lawful access, including defending the County's interest at hearing or trial; except that the developer will not be responsible for any expenses for outside counsel that the County may otherwise seek to retain in such matter. AFFORDABLE HOUSING: the construction of dwelling units within the Brandon RPUD. This commitment and the and/or other gap housing or housing needs impact fee, mitigation, exaction, fee, contribution, . . . • - - . . -- . . - : . - - - - . - . . - provisions. Brandon RPUD PUDA-:PL20130001056-Rev.02/832426/2014 Words added are underlined,words deleted are stftielf-Ek--.." Packet Page-1782- 3/25/2014 17.B. PRESERVE 50' RIGHT-OF-WAY PRESERVE A{. .....__N 25' 25' _ 1 1.5' 1.5 2' 10' 10' 2' 8' 1" 4' TRAVEL LANE TRAVEL LANE' CONCRETE I SIDEWALK 4 - TYPE "F 14 8-15.3 14.8-15.0 CURB 14.2-15.0 RETAINING WALL RIP I RAP LL / 4'1 MAX) RETAINING WALL 1 2.7'7' 00. —— 4•.l� o! w 14.3f EXISTING GRADE '. 3',MPXI ° o EXISTING GRADE_ 11.2± o00 PRIVATE 5.0' PVC UTILTIES WATER 3:1 (MAX) MAY BE MAIN CONSTRUCTED AS SLOPE ALTERNATIVE PVC GRAVITY SEWER TYPICAL RIGHT—OF—WAY CROSS SECTION ADJACENT TO PRESERVE ON BOTH SIDES N.T.S. PRESERVE 50' RIGHT-OF-WAY y LOT I N—..--....--A, 25' 25' 10' PUE 11.5' 1.5'2' 10' 10' 2' 2' 5' 8' 1 TRAVEL LANE "TRAVEL LANE- CGNCRET= i VALLEY SIDEWALK 4 TYPE "F" GUTTER I RIP-RAP OR 14.8-15.0 CURB 14.2-15.0 RETAINING WALL 12.7' N,AX �--"--. �- 4.1� r o L..S'�p,Xl o > EXISTING GRADE • 3:\s n o 16 11.2f ` 00 `PRIVATE I 5.0'_JCL"-pVC UTILITIES IF WATER 3:1 (MAX) MAY BE MAIN CONSTRUCTED AS SLOPE ALTERNATIVE PVC GRAVITY SEWER TYPICAL RIGHT—OF—WAY CROSS SECTION ADJACENT TO PRESERVE ON ONE SIDE N.T.S. PUTA INC.Visualization SCAT CLIENT: Planning 02/21/14 SCALD D.R. NORTON, INC. CONSULTING Owl F.agmoumg N.T.S. .A. IL r TL IL Surveying&Mapping DROWN 8,: TITLE: BRANDON RPUD AMENDMENT 6610 Nape,F3,109 200 FIGURE 1 Naples,Florida lO a 34109 CHECKED BY; (239)597-0575 FAX:(239)597-0578 ME wwau.consult-nva.com FILE FIGURE1 Certificates Authorization 1c3 48S 25E NUMBER: 30003.00.03 NUMBER: OF 1 NUMBER: Packet Page-1783- f� 'r 1 3/25/2014 17.B. I ) L_ - _ - —__ VETERANS MEMORIAL BOUL EVARD • — SIDEWALK ii —(� SIDEWALK „1J N- 7,-- LEGEND: 0E22) I •■■•••■• SIDEWALK SIDEWALK SIDEWALK )rI L 1 1 r //SIL//A SIDEWALK _ / �i 1 rer 44 \ (01 SIDEWALK N-SIDEWALK \\.e.,„„..4. 'cam Nerl'-'716 ,. /:://,. D%XTA Visualization DATE- 10/8/13 CLIENT: SCALE: D.R. NORTON, INC. CONSULTING Civil Engineering 1" = 400' A. t V YL A. Surveying&Mapping DRAWN BY: TTLE: BRANDON RPUD AMENDMENT 6610 Willow Park Drive,Suite 200 V Naples,Florida 34109 CHECKEDBY. SIDEWALK PLAN - FIGURE 2 (239)597-0575 FAX:(239)597-0578 E wWW.consult-rwa.com SHEET FILE FIGURE2 Florida CertItieatesotAuthorization sec rwP: RcE: PROJLC' 130003.00.03 NUMBER: 1 OF 1 NUMBER: EB7663 1.86952 13 48S 25E NUMBER: EThiQIT T Packet Page-1784- 3/25/2014 17.B. \ S' CONCEPTUAL LOCATION OF OFFSITE SIGNS OPTION -A 1:=L--APPROXIMATE LOCATION OF OFFSITE SIGN BRANDON PROPERTY BOUNDARY \ , \ *\.,..... do- ...------i-- .......,,,N 4. \ 1\ OPTION - B,, \ . ,\\ APPROXIMATE LOCATION OF OFFSITE SIGN / l ,\ ; O \5\ ONSITE ENTRANCE SIGN O\ ; \\ \ e, \ \. NOTE: —SIGNS & ARCHITECTURAL FEATURE SHALL MEET SIGHT DISTANCE TRIANGLE REQUIREMENT. —FIGURES PROVIDED FOR ILLUSTRATIVE PURPOSES. DIXTAINC. DATE .ALE: 2014 CLIENT: on SCALE: D.R. HORTON, INC. CONSULTING Gv1 Fmg N.T.S. -A. V Vi A. SUrVeYing ftM mg DRAWN D''' TITLE: BRANDON RPUD AMENDMENT 6610 Willow Park Drive,Suite 200 M.F.G. Naples,Florida 34109 CHECKED EP'. C I G N AG E — FIGURE 6 .ma , x= (239)597-0575 FAX:(239)597-0578 M.E. www.consult-rwa.com Florida Certificates of Authorization SEC: TwP: RcE: PROJECT SHEET FILE FIGURE 6 EB 7663 LB6952 13 48S 25E NUMBER: 130003.00.03 NUMBER: ' OF NUMBER: Packet Page-1785-e l'H I e, t T I 3/25/2014 17.B. Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.collieraov.net APPLICATION FOR PUBLIC HEARING FOR: 0 AMENDMENT TO PUD (PUDA) pi PUD REZONE (PUDZ) ❑ PUD TO PUD REZONE (PUDZ-A) PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION NAME OF APPLICANT(S) D.R. Horton, Inc. ADDRESS CITY Ft. Myers STATE FL ZIP TELEPHONE # 239.225.2600 CELL# FAX# 800.676.5140 E-MAIL ADDRESS: NAME OF AGENT RWA, Inc. ADDRESS 6610 Willow Park Drive, Ste. 200 CITY Naples STATE FL ZIP 34109 TELEPHONE # 239.597.0575 CELL# FAX# 239-597-0578 E-MAIL ADDRESS: NAME OF AGENT Richard D. Yovanovich, Esa. FIRM Coleman Yovanovich & Koester, P.A. ADDRESS Northern Trust Bank Bldg.,4001 Tamiami Trail N. ,Ste. 300 CITY Naples STATE FL ZIP 34103 TELEPHONE 239.435.3535 FAX 239.435.1218 EMAIL ryovanovich@cvklawfirm.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 1 Packet Page-1786- 3/25/2014 17.B. Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.collieraov.net ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?pane=774 NAME OF HOMEOWNER ASSOCIATION: Mediterra MAILING ADDRESS 15735 Corso Mediterra Circle CITY Naples STATE FL ZIP 34110 NAME OF HOMEOWNER ASSOCIATION: The Links MAILING ADDRESS No contact information provided on the Collier County Associations Listing CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: Verona Pointe MAILING ADDRESS No contact information provided on the Collier County Associations Listing CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: The Strand MAILING ADDRESS No contact information provided on the Collier County Associations Listing CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP 2 Packet Page-1787- 3/25/2014 17.B. CO GY County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.collieraov.net I Disclosure of Interest Information I a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address % of Ownership c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address % of Ownership 3 Packet Page -1788- 3/25/2014 17.B. Co t7er COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address % of Ownership D.R. Horton, Inc. Publicly Traded Date of Contract: February 6, 201 3 f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address 4 Packet Page -1789- 3/25/2014 17.B. Cattier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net g. Date subject property acquired ® 9/30/10 leased Term of lease yrs./mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf,to submit a supplemental disclosure of interest form. PROPERTY LOCATION Detailed legal description of the property covered by the apolication: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre- application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range 13 / 48 / 25 Lot: Block: Subdivision: Plat Book: Page#: Property I.D. #: Metes & Bounds Description: See legal description, PUD Document Exhibit D Size of property: ft. X ft. =Total Sq. Ft. 2,225,916 Acres Address/general location of subject property: Southeast corner of the intersection of Livingston Rd. and Veterans Memorial Bvld. PUD District (LDC 2.03.06): C Residential Community Facilities Commercial E Industrial 5 Packet Page-1790- 3/25/2014 17.B. a Coiner aunty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.collieraov.net ADJACENT ZONING AND LAND USE Zoning N A and PUD Undeveloped parcels,Veterans Memorial Blvd. & Mediterra PUD (single family homes) S A and PUD Undeveloped parcels and Royal Palm Academy PUD (Verona Pointe Townehomes) E A Undeveloped parcels and FPL easement W A Undeveloped parcels and Livingston Rd., proposed multifamily Della Rosa RPUD Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section/Township/Range / / Lot: Block: Subdivision: Plat Book Page#: Property I.D.#: Metes & Bounds Description: REZONE REQUEST This application is requesting an amendment to an existing RPUD zoning district. Present Use of the Property: Undeveloped Proposed Use (or range of uses) of the property: Residential Community Original PUD Name: Brandon RPUD Ordinance No.: 08-13 6 Packet Page -1791- 3/25/2014 17.B. Co ler County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net EVALUATION CRITERIA Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10.02.13.B) SEE ATTACHMENT A 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. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) 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. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of surrounding areas to accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 7 Packet Page-1792- 3/25/2014 17.B. CAF{x. CoiWWer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subiect property: To your knowledge, has a public hearing been held on this property within the last year? ❑Yes IN No If so, what was the nature of that hearing? Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑Yes © No If so, please provide copies. N°TiC_: This appiicatiion wilt be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning for a ^eriod of six (Pi months. An application deemed "closed" will not receive further processing and an application "closet`" through inactivity seal: be deemed withdrawn. An application deemed "ciose&' may be re-opened by submitting cr new application, repayment of ail application fees and granting of a determination of "sufficiency'. Further review of the proiect will be sublet to the then curren' code. (°_DC 5E..ctiar+ 'rF`.k 8 Packet Page -1793- 3/25/2014 17.B. ATTACHMENT A PUD Rezone Considerations (LDC Section 10.02.13.B) 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. The Brandon RPUD is located in the Urban Mixed Use-Urban Residential Land Use category. This land use category permits a variety of residential dwelling types. The property is surrounded by existing and approved residential development. The property is located along Livingston Road and Veterans Memorial Boulevard and will have direct access to both roads. Public and community facilities and services are available in close proximity. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. D.R. Horton, the contract purchaser, will have ownership of the entire subject property. Operation and maintenance responsibility for private areas and facilities shall be assigned to the developer until conveyance to a property owners association. Further, the proposed RPUD document makes appropriate provisions for the continued operation and maintenance of common areas. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The proposed development is in compliance with the goals, objectives and policies set forth in the Collier County Growth Management Plan (GMP) as follows. The subject property is located within the Urban Mixed Use-Urban Residential Subdistrict, as depicted on the Collier County Future Land Use Map (FLUM). According to the Growth Management Plan (GMP), the purpose of the Urban Mixed Use-Urban Residential Subdistrict is to provide for a variety of residential dwelling types. This proposed development addresses GMP objectives including Future Land Use Element (FLUE) Policies 5.3 and 5.5, in that the site is located in an area with available infrastructure. The subject property's location in relation to existing or proposed community facilities and services allows for the development's residential density as required in Objective 2 of the Future Land Use Element (FLUE). The presence of schools including North Packet Page-1794- 3/25/2014 17.B. Naples Middle School, Veterans Memorial Elementary School, Royal Palm Academy, North Naples Regional Park, North Collier Hospital, medical and office uses, emergency services including a future fire station, sheriff department services, and shelters within a three-mile radius of the site, as well as water and wastewater treatment services, demonstrate that residential development at this site will be appropriately served. The proposed residential development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE through the internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. The proposed residential project will be consistent with existing and approved development located adjacent and nearby including the Mediterra residential community located on the north side of Veterans Memorial Blvd.to the north; The Strand residential community located east of the FPL easement and the Della Rosa RPUD to the west and to the south the existing Verona Pointe residential community. The FLUM designates property to the north, south, east and west as Urban Mixed Use-Urban Residential Subdistrict. The proposed development will be consistent with current uses and designations for future use of surrounding properties. The development has set aside a location for interconnection with the properties to the east, if the interconnection is needed. Providing this opportunity to interconnect will deem this development consistent with Objective 7 of Future Land Use Element of the GMP and Policies regarding Smart Growth. Interconnection to the South is not permitted due to the required Preserve area in the southern portion of the property. Connections to the west will be through the sidewalk system on Livingston Road. All improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. The amendment to the Brandon RPUD will maintain the approved 204 residential units. The approved density of 3.99 dwelling units per acre (DU/A) was found to be in compliance with the FLUE Density Rating System. The 3.99 DU/A density is consistent with the 4 DU/A maximum allowed in Urban Mixed Use-Urban Residential Subdistrict and there are no minimums. Therefore, the density is in compliance with the FLUE. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed development is compatible with existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. The surrounding properties have the same Urban Mixed Use-Urban Residential Subdistrict designation as the subject property. The Brandon RPUD will be screened at property lines with buffers and preserves to ensure compatibility between existing and potential surrounding uses. The Brandon RPUD is compatible with the residential uses at Mediterra located to the north of Veterans Memorial Blvd., Pelican Strand located on the east side of the FPL easement and the Verona Pointe multifamily development and the Royal Palm Academy PUD Packet Page -1795- 3/25/2014 17.B. south of the subject site. The request is consistent within the range of project densities in the area, from 0.56 units per gross acre at Mediterra to 3.4 units per gross acre at Royal Palm Academy MPUD, as well as site-specific density of 6.5 units per acre (256 units on 39.34 acres) at Milano and 6.4 units per acre (94 units on 14.77 acres) at the adjoining Verona Pointe. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The proposed development will meet open space requirements of the Collier County LDC. Usable open space in the form of recreation facilities, passive areas, pedestrian walkways, lakes and will be provided within at least 30.66 acres of open space on the site. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities,both public and private. Public and private improvements and facilities are available for the site. Water and sewer service is available. Roadway capacity is available. Drainage is adequate for the site. Waste management, cable, electric, and telephone service are available. Adequate schools, police, fire, bus, park, and health care facilities are within the proposed development's service area. Payment of impact fees and timing of adequate public facilities certification are mechanisms to assure the development is appropriately serviced. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Expansion of the subject property would require a revision to the PUD and SFWMD permit. Surrounding areas to the west and east include environmentally sensitive lands so any interconnections or expansion would require addressing any resultant impacts through State and Federal permitting. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed development conforms with the intent of the PUD regulations that allows for flexibility in development regulations as long as the project is consistent with the GMP and does not adversely impact the public health, safety and welfare. None of the conditions have changed since the original finding by County Staff that this project is consistent with the GMP and that if contains similar development standards contained in the surrounding Planned Developments. Packet Page-1796- 3/25/2014 17.B. • BRANDON MONITORING WELL DATA TABLE OF CONTENTS Section A—Monitoring Well Location Map Section B—North Naples Fire Station 48 Monitoring Well Data Section C—Talis Park Monitoring Well Data Section D—Brandon Monitoring Well Data Prepared By: DXI TA1 . JL 111. V T A.. R. .Planning? .Visualization •Civil Engineering•Surveying 6. Mapping 6610 Willow Park Drive Suite 200 Naples, FL 34109 Dated: December 2013 Packet Page -1797- 3/25/2014 17.B. SECTION A Monitoring Well Location Map Packet Page-1798- 3/25/2014 17.B. .;••.:-,: u t 4 I :F v' ! \_, , ,..,..,,.... .. ...,,„, , :-... w TAUS PARK aE• MONITORING WELL f r VETERAN S MEMORIAL BLVD M • „ z• 4 • -. ( f ,. r r • . , '` --TIRE STr,,I,_,L, _ �• ' ` MONITORIN "."• r:,•,,,.. • r •4 M • •�� BRAN DON -• . ..•O • _ I %XTAai on DATE: 10/13 SCALE( CLIENT: DR NORTON, INC. CONSULTING Civil Engineering 1" = 1000' .A . V TA. 1 Surveying&Mapping DRAWN BY. TITLE: BRANDON MONITORING 6610 Willow Park Drive.Suite 200 PTN Naples,Florida 34109 CHECKED BY: WELL LCOATION EXHIBIT (239)597-0575 FAX:(239)597-0578 M C P www.consult-rwa.com Florida C8tiCertificates oB695oAuthorization SEC: TWO RED PROJECT 130003.00,02 SHEET 1 1 FILE 1300030003X01 13 48S 25E NUMBER: NUMBER: OF NUMBER: Packet Page-1799- 3/25/2014 17.B. SECTION B North Naples Fire Station 48 Monitoring Well Data Packet Page-1800- 3/25/2014 17.B. North Naples Fire Station Page 9 Third Annual Monitoring Report Appendix B-Hydrograph 14 00 North Naples Fire Station Well Data 13.00 e 12 00 V a CO 10 00 I _ IVQ 9.03 0 —Groundwater Elevation 800 —Ground Surface Elevation 7.00 ,zt.> 04.!' 4,41' ,19ti.)" ,6■,1" -\\ 4 4 '1. '1\ 43, A\ 4 1 4 I 'N\ 4 DATE t •"" *:` 215510219 Packet Page -1801- 3/25/2014 17.B. ■ I 4 1 ti e y n j _ \ ‘ \ , ___ \\t ( It SU t -z ■ , er\ 1 — SF I \C") \ * —I \\ I. 411110 ji. F- \U-) \ CC on r+- t_:.) ` t .r, ` e--4 © U LtJ \\O \ \a c U Cr, > \-Z-- \ \ \ \ ... 4, ..e. C cry W , 1, ,u, _ .. ... �t E , tt, \ 4. U •-■t. CO d U \ s t CI- 1 \ ■ \ \ • m a e -t, 0 \ 4 p LEGEND \ a •— Project Boundary °� 7-% Propsed Wetland Preserve (0.55 AC.)Exotic Vegetation ...1 p* Removal 0----0 Transect Location(Approx.) * SEE SHEET 5 OF 8 FOR \ , ENVIRONMENTAL NOTES FOR P ';MttTi G `ONLY . NOT FOR CONSTRUCTION PROJECT: NORTH NAPLES FIRE STATION #48 -- MITIGATION PLAN APPLICANT: NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT 1f,1snf1iIfer w,.oanwr.Ira - ii ua.4!C-W00170 COUNTY: COLLIER al-0V. 2006 New Directions In Planning,Design&Engineering S" t 3 "W`45 R6`25 REV NO: wlsonMllla,In PROJECT NO. ME NO Naples•Fo?Atyma•Sersaom•Bradenton•Yampa 03557-001-000 ET NO: OS 2200Batey Lane,SuRe200•Nep*es.nodda341058507•PABoo 941.6494040•Fee 941.643.6710•WBDSMe wais:w,esonn:74etoorn ° BY/EMP NO. SHEET ao DBG/2361 4 0F 8 Sep 07, 2007 - 05:44:33 LOGROSKY1X:\Env\03557\09\Rev01\03372-009-4.dwq Packet Page -1802- 3/25/2014 17.B. North Naples Fire Station Page 5 Third Annual Monitoring Report Future monitoring reports will document the growth and spread of plant species as they become established throughout this preserved wetland habitat. The existing canopy trees (cypress and slash pine) will provide a continual seed source. Herbaceous species, particularly swamp fern, is present throughout the preserve and the adjoining property. These should aid in the spread and re-establishment of the groundcover. The resulting wetland should resemble the local hydric pine flatwoods habitats with a typical herbaceous understory. The initial exotic vegetation treatment effort was very successful and regular maintenance treatments should allow minimal re-sprouting of melaleuca and Brazilian pepper. Exotic vegetation that is abundant on the adjoining properties, such as Caesar-weed and Christmas cassia are periodically removed or treated. Regularly scheduled maintenance events in perpetuity will prevent the establishment of undesirable nuisance and exotic vegetation throughout this preserve and allow the native wetland vegetation to become established. A continuous read piezometer has been installed near Transect No. 2, in the south-central portion of the preserve, as required in the environmental Special Conditions of the permit. Water level data from this well is graphically represented in the hydrograph attached as Appendix S. In late October and early November of 2011, the water table met both the state and federal definition of wetland hydrology. As a result, the hydrology within the preserve continues to support wetland conditions. There was standing water present throughout the preserve during the annual monitoring inspection. No wildlife was observed during the annual inspection. However, rabbit scat, armadillo diggings and numerous small fish including mosquitofish(Gambusia affinis) and sailfin mollies(Poecilla lafipinna)as well as crayfish burrows were observed in the shallow water throughout the preserve. • 215510219 Packet Page-1803- 3/25/2014 17.B. I A awrI=aa as a a + \ B— .` — \ 4, ....1 401 4\ 11.1-:,i ,,--- . /AM li 4000' a. 4 \ r:ir-4.; , r..,.. ..... :::: 1--- \C) ' \ #1rArlr 14.1 ---A \ \ *10' 07 'P. 4 : ', ° \ \ \ il eatirlrAdir.Cr) . . A 4.' 4\0 i tn \ ()\ \\1.1.\\\''- t,. ,10, 0 0 _ * 3 411 1r=a \ \ \ \. \ 0 \ \ $ LEGEND \ 0 ------ Project Boundary \ �•■ r c2 •-.-•-•-* Structuat Buffer(Fence&Hedge) \ \, o �� -® Structuat Buffer(Retaining Wall) ♦�i 1 Propsed Wetland Preserve `\ (0.55 A.C.) Nii 1 Proposed Fill in Wetland \ \ \ (2.47 A.C.) \ t0 Proposed Excavation \\ \ Wetland (0.38 AC.) \ \ * SEE SHEET 5 OF 8 FOR ENVIRONMENTAL NOTES FOR P ` I MITT •G •NLY \ NOT FOR CONSTRUCTION PROJECT: NORTH NAPLES FIRE STATION #48 — PROPOSED CONDITIONS APPLICANT: NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT laaeala.1ne. - a Lai tC-cA067c WisOMilier As EXTEND STRUCTURAL BUFFER COLLIER "110V. 2006 New Dead in Planning,Design&Engineering SEC. 13 48 RCE:25 REV NO 01 IisonM111er,inc. PROJECT NO. FILE NO: 03557—D01-000 3557-009 . &•Lasientan•Tampa ORWN NY/EMP NO- SHEET NO 3200 B bbY Lame,States 200•Nantes,FbE a 341054507-Mona 9414494040•Fax 941.643-5715-Web to wwwkaonmff wawa DEG/2361 3 of 8 Sep 04, 2007 — 15:15:43 LOGROSKYIX:\Env\03557\09\Rev01\03312-009-3.dwg Packet Page -1804- 3/25/2014 17.B. Transmittal 61--/O Stantec 3200 Bailey Lane Suite 200 Naples FL 34105 Tel:(239)649-4040 Fax:(239)643-5716 Stan To: Roxanne Clifton From: Tom Trettis Company: SFWMD ❑ For Your Information Address: 2301 McGregor Boulevard ❑ For Your Approval Ft. Myers, Florida 33901 E For Your Review Date: October 1, 2013 ❑ As Requested File: North Naples Fire Station, #48 215510219 Reference: North Naples Fire Control &Rescue District, Station#48 monitoring reports. Attachment: Copies Doc Date Pages Description 1 October 2013 Third Annual Monitoring Report Enclosed please find a copy of the Third Annual Monitoring Report. STANTEC CONSULTING SERVICES INC. Tom Trettis, PWS, CSE a��GA' 4L Senior Ecologist SOSA fp Tel:(239)649-4040 Fax:(239)643-5716 0. 2a 1444 Tom.Trettis@ stantec.com /3 C c. Cynthia Ovdenk, U.S. Army Corps of Engineers,wienci. SLRfrfCk- Sal D'Angelo, North Naples Fire Control and Rescue District, rErt' Deputy Chief of Projects and Facilities Management,w/encl. One Team.infinite Solutions. tl v',2155 1acbve121 5 51 0 21 91_proLdefauli non-sharedlenv105_rptateliv4deliveratrles'second annua'itransmittal_north_naaies_tire_siwmd.docr. Packet Page-1805- 3/25/2014 17.B. SECTION C Talis Park Monitoring Well Data Packet Page -1806- 3/25/2014 17 B ii rliPPH '' I , I . ; , ez_o, 1 ciz- vo „ 1 1 , , 1 1 . ,........:. NW' 1 .:•:'-' ,...,„, 1 N i"--- .A CZ) i 00 I C.A ' i r rrl I I i I . ,. ... CCI 7; ..1-_.'TI'' 'or2 ,-, = = I , . I .1 1 c. 1 WI, 0 1 ..."" r 0 -14e .... e" .-■ 0 I I ,-/t. . , I . ' -t'' I 1 I 1 I I I i I 1 , . 1 1 I i 1 ■ ' I 1 . , ■ 1 I ■ I i 1 I ''' (ordADM 1.1) uolluAaia C-4 Packet Page -1807- 0y 3/25/2014 17.B. 714' c . a i t '.. 'i.. .. w z iw e wx _o o _ A w a'-� w O ° o'am w J H<; 1...- 4 1 q'..� r P x *�la e •�iy . 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EXHIBIT A Brandon Residential Planned Unit Development Regulations for development of the Brandon Residential Planned Unit Development (RPUD) shall be in accordance with the contents of this RPUD Ordinance and applicable sections of the Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this RPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. I. GENERAL USES Certain uses shall be considered general permitted uses and structures throughout the Brandon RPUD except in the preserve areas. General permitted uses and structures are those uses, which generally serve the developer and residents of the Brandon RPUD and are typically part of the common infrastructure or are considered community amenities. GENERAL PERMITTED USES AND STRUCTURES: 1. Water management facilities and related structures. 2. Common recreation amenities. 3. Guardhouses, gatehouses and access control structures. 4. Temporary construction, models, sales, and administrative offices subject to a temporary use permit. II. RESIDENTIAL AREA MAXIMU M DENSITY: There shall be no more than 204 residential dwelling units permitted on the +/- 51.1 gross acres resulting in a maximum density of 3.99 units per acre. PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Single-family detached dwelling units (a building which contains only one dwelling unit). 2. Zero lot line dwelling units (a single family detached dwelling structure on individually platted lots which provides a side yard on one side of the dwelling and no yard on the other). 3. Two-family dwelling units (a single, free-standing conventional building intended, designed, used and occupied as two dwelling units attached by a Page 1 of 16 Brandon RPUD PUDA-PL20130001056—Rev. 12/9/13 Words added are underlined,words deleted are 6truck thre Packet Page-1813- 3/25/2014 17.B. EXHIBIT A Brandon Residential Planned Unit Development common wall or roof, but wherein each unit is located on a separate lot under separate ownership). 4. Duplex dwelling units (a single, free-standing, conventional building on a single lot, which contains only two dwelling units and is intended, designed, used and occupied as two dwelling units under single ownership, or where each dwelling unit is separately owned or leased but the lot is held under common ownership). 5. Single family attached and townhouse dwelling units. 6. Multi-family dwelling units. 7. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or Hearing Examiner by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including,but not limited to private garages. III. PRESERVE AREA A preserve area is delineated on the Master Plan to protect native vegetation and naturally functioning habitat in a natural or enhanced state. On-site native vegetation areas total 47.2 acres, therefore a minimum of 11.8 acres shall be dedicated as preserve area in the Brandon RPUD to meet the 25% native vegetation requirement. The Master Plan attached as Exhibit C delineates 10.91 acres, which is 92% of the preserve area. The remaining 8% of preserve area (0.9 acres) . . .. Section 3.05.07.H.1.a.ii. PERMITTED USES: No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional state and federal permits when required: A. Principal Uses: 1. Open spaces/nature preserves. 2. Boardwalks subject to appropriate approvals by permitting agencies and Collier County LDC. , however such structure shah not reduce the retained native vegetation area Blow the minimum required. Page 2 of 16 Brandon RPUD PUDA-PL20130001056—Rev. 12/9/13 Words added are underlined,words deleted are stfuelE-tliff Packet Page-1814- 3/25/2014 17.B. EXHIBIT B Brandon Residential Planned Unit Development RESIDENTIAL DEVELOPMENT STANDARDS The Residential Development Standards Table that follows sets forth the development standards for the Residential Planned Unit Development (RPUD) Residential Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the site development plan (SDP) or subdivision plat. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. Page 3 of 16 Brandon RPUD PUDA-PL20130001056—Rev. 12/9/13 Words added are underlined,words deleted are struck tkn Packet Page -1815- 3/25/2014 17.B. EXHIBIT B Brandon Residential Planned Unit Development DEVELOPMENT SINGLE SINGLE SINGLE TWO- DUPLEX MULTI- CLUBHOUSE/ STANDARDS FAMILY FAMILY FAMILY FAMILY (Two Dwelling FAMILY RECREATION ATTACHED& ZERO LOT (Each Unit Units on One BUILDINGS TOWNHOUSE LINE tinder Fee l.ot Simple Ownership) PRINCIPAL STRUCTURES MINIMUM LOT AREA 4,500 S.F. 1,700 S.F. 4,500 S.F. 4,000 S.F. 8,000 S.F. 1,700 S.F. 6,000 S.F. PER UNIT PER UNIT PER UNIT PER UNIT PER UNIT MIN. LOT WIDTH/5 45 FEET 17 FEET 45 FEET 40 FEET 80 FEET 90 FEET 75 FEET MIN. FLOOR AREA 1,000 S.F. 1,000 S.F. 1,000 S.F. 1,000 S.F. 1,000 S.F. 900 900 S.F. S.F./D.U. MIN. FRONT YARD2 20 FEET 4' 20 FEET 20 FEET 20 FEET 20 FEET 20 FEET 20 FEET MIN.SIDE YARD 6-5 FEET 0 OR 7.5 0 AND 12 0 AND 6 6 FEET 10 FEET 10 FEET FEET FEET FEET MIN. REAR YARD3 15 FEET 15 FEET 15 FEET 15 FEET 15 FEET 15 FEET 15 FEET MIN. PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MIN. DISTANCE BETWEEN 12 10 FEET 0 OR 15 FEET 12 FEET 0 OR 12 12 FEET >20 FEET or 10 FEET STRUCTURES FEET V2 BH, whichever is greater MAX. ZONED BUILDING 35 FEET 35 FEET 35 FEET 35 FEET 35 FEET 50 FEET 35 FEET HEIGHT 3 STORIES MAX.ACTUAL BUILDING 40 FEET 40 FEET 40 FEET 40 FEET 40 FEET 55 FEET 40 FEET HEIGHT 3 STORIES 'CESSORY STRUCTURES ..i.J. FRONT YARD SPS SPS SPS SPS SPS SPS SPS I MIN.SIDE YARD SPS SPS SPS SPS SPS SPS SPS i MIN. REAR YARD3 0 FEET from 0 FEET from 0 FEET from 0 FEET from 0 FEET from 0 FEET from 0 FEET from Perimeter Perimeter Perimeter Perimeter Perimeter Perimeter Perimeter Buffer Buffer 5 FEET Buffer 5 FEET Buffer 5 FEET Buffer 3 Buffer 5 FEET Buffer 5 5 FEET Fcr F-E€T MIN. PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET MIN. DISTANCE BETWEEN 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET 10 FEET 5 FEET PRINCIPAL& DETACHED ACCESSORY STRUCTURE MAX.ZONED BUILDING 35 FEET 35 FEET 35 FEET 35 FEET 35 FEET 35 FEET 35 FEET HEIGHT MAX.ACTUAL BUILDING 40 FEET 40 FEET 40 FEET 40 FEET 40 FEET 40 FEET 40 FEET HEIGHT 1On cul de sac lots and lots on the inside part of a curved street,the minimum lot width may be reduced by 30%, provided the minimum lot area requirement shall be maintained. 2 Front-loading garages shall be set back a minimum of 23 feet from edge of sidewalk or 23 feet from the edge of pavement where no sidewalk is provided. For side-loading garages,a parking area of 23 feet in depth shall be provided to avoid parking of a vehicle across the referenced sidewalk or pavement. 3 For lots adjacent to a lake,no structures shall be permitted in the required 20 foot lake maintenance easement. 4_Front yard setbacks shall be measured from back of curb in accordance with deviation#12 and shall be set back a minimum of 23 feet from edge of sidewalk or 23 feet from the edae of pavement where no sidewalk is provided. For side-loadina garages, a parking area of 23 feet in depth shall be provided to avoid parkina of a vehicle across the referenced sidewalk or pavement. 5.The use of flag lots is allowed in order to provide maximum flexibility in subdivision design and may vary from the minimum lot widths. However, neither the minimum lot area, nor the minimum distance between structures may be reduced. Flag, lots shall be permitted in accordance with deviation#13. Page 4 of 16 Brandon RPUD PUDA-PL20130001056—Rev. 12/9/13 Words added are underlined,words deleted are st ek hri Packet Page-1816- 3/25/2014 17.B. EXHIBIT C MOAN -- -- MEDISERRA IAL I —-___ — VETERANS MEMORIAL BOULEVARD , rn R 15'T I I R En,ra , - 3,BEiD'FER IAKE -. ■ r r 1 A URBAN -�.10'IYnL _'_- 1 URBAN "A"BUFFER I I R J � ; I BELL'.ROSE - "A`BUFFER' R R _ r f r ' I ST SPECIAL r.,.. '1'---FB TYPE I TREATMENT � ,AK h"EUFFER OVERLAY I - x r er, i R i 'Fb BUF Eli / "A`BUFFER TREATMENT y t t tFDUIRF6 OVERLAY I F, __.8NO BUTTER ya a J ENUIREC Gar \ \ - G r / r _ I R --- ` AO. Y Pl R R ` ls' rmE p -- G"BUFFER •, .—_.- REYRKP, _..__..._._.. ... ___._._..... ....._.. - R INTEICONNECTION ; ; LAND USE KEY R S DFNTIA_ (R) ID'iwE '�' NGLE FAMILY \ Q i%' ND BUFFER "A"9UFER URBAN REQUIR?C RESIDENTIAL -TWO, FAME"" � �A I -SINGLE 'AUK"' ZERO LE7 LINE I \ q6 ML.T FAM:LY � vERONA NAM r. -COMMON ARIA -OPEN SPACE `'1e.,,.. �`. , . -WATER MANA e.MENT ARI:AS � �� -RECREATION FACT/rE ``,� PROJECT LAND USE \ N • LAKE 4B2 AC N `\ PRESERVE' PLUJIRED 11 51 AJ_ PRESERVE PROVIDED/SHOWN 82 AC:: ROADS/ROW 6 r? WE \ e TDTAL. NE A RFACE 51.10,c± ! LEGEND MINIMUM IPEN SPACE.S'JTL 30.66 AC'' 'DENSITY. C? UN.IS 51.1 AC. = 399 i)NIT5 PER ACRE'. ._ _I PRESERVE AREA .._.__ ............... __._ ......... ' WATER MANAGEMENT AREA RPUD MASTER PLAN NOTES _....__ RPUD BOUNDARY THE EACILITPES ANC IMPROVEMENTS SHOWN ON THIS PUG RICH" OF WAY MASTER PLAN SHALL BE CONSISEREII ODNGERT,VAL IN NATURE. - SPECIAL TREATMENT ZONE 2. TRE DESIGN. LOCATION.AND CONFIGURATION - THE AND I 1 Mre?OVF MEN'S'51 y_DE ELI A" EF i SOD A OVAE, 426:/ ZONING LASS:IICAI=ON OR CONSTRUCT.OrI ?ENE AND FLAT APPROVE. ' i LUC I LAND USE C'ASSIF;CATEON RESERVED INTERCONNECTIo% EAT MOVE. NOR OR SE,125-: R (RESIDE NI IA.. AREA fI "'��' .A;OR ACCESS EL 1CWI G S PER STAFC E'T .O p a , L. C E--*. RESERVED INTERCONNECTION _ I CW i G_5 PEE ST _ O '1736.'13 .... __....... L 61.i:f t,'c -DIATAIN� C E.T. Visualization D.R. NORTON INC. visuBlirauott CONSULTING Civil Engineering -?- i IlL V Tl 1 Surveying&Muppio ' JNPZ ''ILL: 6610 Willow Perk Dive,Soft PDO P. < BRANDON RPUD MASTER PLAN NOW,Florida 34109 CHITITnev-: (2 9)697-0575 FAX,(239)687-0572 wRw'.m,RNlt-rwasOm '.,. _ F13,199 Gerfficeles at ArlthRlalld1 O RGf: PROJECT SHEET E876Ki LB 2 1.. 480 �E NUMBER- 3r.'•ivZ -.7•..' Or" NtA.6iHi i�v0�130 v3pD% Page 5 of 16 Brandon RPUD PUDA-PL20130001056—Rev. 12/9/13 Words added are underlined,words deleted are stftisk-tltr(Packet Page -1817- 3/25/2014 17.B. EXHIBIT D Brandon Residential Planned Unit Development The subject property,being 51.1±acres, is described as: PARCEL ID 00149640004: THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 AND THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PARCEL ID 00148120004: THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 AND THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PARCEL 00149520001: THE NE 1/4 OF THE NE 1/4 OF THE SW 1/4 OF THE NE 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST. PARCEL 00149480002: THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHWEST ONE QUARTER (NW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND THE NORTHWEST ONE- QUARTER (NW 1/4) OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PARCEL 00149800006: THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE-QUARTER(NE 1/4), OF THE NORTHEAST ONE-QUARTER (NE 1/4), SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND THE NORTHWEST ONE- QUARTER (NW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4), OF THE NORTHEAST ONE-QUARTER (NE 1/4), SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; PARCEL 00151120004: THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE-QUARTER(NE 1/4), OF THE NORTHEAST ONE-QUARTER (NE 1/4), SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; PARCEL 00148400009: THE SOUTHWEST ONE-QUARTER (SW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4), OF THE NORTHEAST ONE-QUARTER (NE 1/4), SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLIER COUNTY, FLORIDA; Page 6 of 16 Brandon RPUD PUDA-PL201 30001 056—Rev. 12/9/13 Words added are underlined,words deleted are�Packet Page-1818- 3/25/2014 17.B. EXHIBIT D Brandon Residential Planned Unit Development PARCEL 00150960003: THE E.1/2 OF THE N.1/2 OF THE S.W. 1/4 OF THE S.W. 1/4 OF THE N.E. 1/4 SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THE WEST 15 FEET OF THE DESCRIBED PROPERTY IS RESERVED FOR EASEMENT PURPOSES. LESS A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.88°20'15"W., ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 2650.16 FEET, TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 13; THENCE RUN N.00°36'50"W., ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 2692.40 FEET, TO THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE CONTINUE N.00°36'50"W., ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 336.73 FEET, TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE RUN N.88°31'06"E., ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 331.82 FEET, TO THE SOUTHWEST CORNER OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.00°36'15"W., ALONG THE WEST LINE OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 180.39 FEET, TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, WHOSE RADIUS POINT BEARS N.55°10'01"E. A DISTANCE OF 1772.36 FEET THEREFROM; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1772.36 FEET, THROUGH A CENTRAL ANGLE OF 07°18'23", SUBTENDED BY A CHORD OF 225.86 FEET AT A BEARING OF S.38°29'11"E., FOR A DISTANCE OF 226.01 FEET, TO THE END OF SAID CURVE AND A POINT ON THE SOUTH LINE OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE RUN S.88°31'06"W., ALONG THE SOUTH LINE OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 138.70 FEET TO THE POINT OF BEGINNING, CONTAINING 0.27 ACRES, MORE OR LESS. PARCEL 00149680006: THE SW 1/4 OF THE NW 1/4 OF THE SE 1/4 OF THE NE 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST. Page 7 of 16 Brandon RPUD PUDA-PL20130001056-Rev. 12/9/13 Words added are underlined,words deleted are stfttek-dtri Packet Page -1819- 3/25/2014 17.B. EXHIBIT D Brandon Residential Planned Unit Development PARCEL 00148160006: THE NE 1/4 OF THE SW 1/4 OF THE NE 1/4 OF THE NE 1/4, SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PARCEL 00149440000: THE SOUTHEAST ONE-QUARTER (SE-1/4) OF THE NORTHEAST ONE-QUARTER (NE-1/4) OF THE SOUTHWEST ONE-QUARTER (SW-1/4) OF THE NORTHEAST ONE-QUARTER(NE-1/4) OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST. PARCEL 00151200005: THE SOUTHWEST ONE-QUARTER (SW-1/4) OF THE NORTHEAST ONE-QUARTER (NE-1/4) OF THE SOUTHWEST ONE-QUARTER (SW-1/4) OF THE NORTHEAST ONE-QUARTER (NE-1/4) OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST. PARCEL 00148080005: A PARCEL OF LAND N THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.88°57'29E., ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 862.17 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF LIVINGSTON ROAD, A 275.00 FOOT RIGHT-OF-WAY, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.88°57'29"E., ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 133.12 FEET TO THE SOUTHEAST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTEROF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N.00°07'26"W. ALONG THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 672.76 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.88°59'57"W., ALONG THE NORTH LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 331.87 FDEET TO THE NORTHWEST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.00°08'03"E, ALONG THE WEST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF TEH NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 336.50 FEET TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13,THENCE RUN S.88°58'45"W., ALONG THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 193.14 FEET TO A POINT ON THE EASTERLY Page 8 of 16 Brandon RPUD PUDA-PL20130001056-Rev. 12/9/13 Words added are underlined,words deleted are Packet Page -1820- 3/25/2014 17.B. EXHIBIT D Brandon Residential Planned Unit Development RIGHT-OF-WAY LINE OF LIVINGSTON ROAD A 275.00 FOOT RIGHT-OF-WAY, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS N.48°19'14"E. A DISTANCE OF 1772.36 FEET THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1772.36 FEET, THROUGH A CENTRAL ANGLE OF 16°37'26", SUBTENDED BY A CHORD OF 512.43 FEET AT A BEARING OF S.49°59'30"E., FOR A DISTANCE OF 514.23 FEET TO THE POINT OF BEGINNING; CONTAINING 5.25 ACRES, MORE OR LESS. Page 9 of 16 Brandon RPUD PUDA-PL20130001056-Rev. 12/9/13 Words added are underlined,words deleted are Packet Page -1821- 3/25/2014 17.B. EXHIBIT E Brandon Residential Planned Unit Development LIST OF REQUESTED DEVIATIONS Deviation #1 seeks relief from LDC, Section 6.06.01.N which requires minimum local street right-of-way width of 60 feet. to allow a 50' rig-ht-of-way width for the internal streets that includes public utilities. Minimum right-of-way width of 50 feet is requested for local streets within the Brandon RPUD. This deviation is justified because of the small-scale setting of the neighborhood. This addresses concerns that a larger road right-of-way is conducive to higher speeds, and physical design of the broader road right-of-way becomes less articulated and does not relate to the neighborhood scale. A 50-foot right-of-way for a residential street can successfully facilitate movement of the vehicular, pedestrian and bike traffic while accommodating all utility and drainage needs. The 50-foot right-of-way accomplishes traffic calming to provide a safer transportation system within the neighborhood. This dimension for a neighborhood right-of-way accommodates all the standard roadway functions so that the development is compact, the native vegetation is less impacted, and open spaces can be concentrated in areas of the property for enhanced environmental quality. In addition since a 50" street right-of-way width was designed and approved through the SFWMD. ERP permit, this deviation will ensure that the RPUD amendment is consistent with the SFWMD permit. All Public Utilities will be provided within the 50' right-of-way. See Figure I for ROW cross sections. cxisting public access easement. Deviation #2 seeks relief from LDC Section 6.06.02.A, which requires construction of five-foot wide sidewalks on both sides of local streets, to allow a single five-foot wide sidewalk on one side of the internal cul-de-sac road rights-of-wav and a single five-foot wide sidewalk on the spine road only where there is a preserve adjacent to the right-of-way. The remainder of the spine road will meet LDC Section 6.06.02. Deviation #3 seeks relief from Code of Laws and Ordinances Administrative Code Section 2- 12.C.13.j. which requires tangents for all streets between reverse curves, unless otherwise approved by the County Manager, or his designee,pursuant to LDC, Section 10.02.04. Tangents shall not be required between reverse curves on any project streets. This deviation is justified because it is consistent with the Code provision for administrative discretion. The streets within the Brandon RPUD are not at a traffic capacity or speed level to require tangents between reverse curves. The site is designed with straight section curves and no super-elevated curves. With a speed limit of 25 mph, the design promotes traffic calming. This deviation was approved through the original zoning. The internal roadway network is substantially the same and continues to warrant the need for this deviation. Page 10 of 16 Brandon RPUD PUDA-PL20130001056-Rev. 12/9/13 Words added are underlined,words deleted are struck-i1wi Packet Page-1822- 3/25/2014 17.B. EXHIBIT E Brandon Residential Planned Unit Development Deviation #4 seeks relief from Code of Laws and Ordinances Section 22-112 which requires for excavated areas a maximum four to one slope from existing grade to a breakpoint at least 4-0-7 feet below the control elevation. Below this breakpoint, slopes shall be no steeper than two to one. This equates to 3 ft. below documented low water elevation/dry season water table. Engineer-ing/Storniwater Staff Review agreed that as revised this deviation is permittable. See Figure 3 that depicts the lake cross section. Lake cross sections will adhere to South Florida Water Management District (SFWMD) minimum standards_as identified in Drainage Details & standards required by SFWMD will reduce the water quality coming out of the proposed lak cross section. Deviation#5 seeks relief from LDC Section 5.03.02.C. which permits a maximum wall height of 6' in residential zoning districts. to allow a maximum wall height of 8' along the perimeter of the project and where abutting an existing public roadway, allow a 15'tall wall/berm combination. Deviation # 6 seeks relief from LDC Section 4.06.02.C.4. which requires a 20' wide type D buffer alone a public right-of-way for developments greater than 15 acres. to allow a 15' type D buffer in conjunction with the proposed increased height for the perimeter bermiwall combination requested in Deviation #5. Deviation #7 seeks relief from LDC Section 5.04.06.A.3.e. which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height. to allow a temporary banner sign up to a maximum of 60 square feet in area. The temporary banner signs shall be limited to maximum of 180 days during season defined as November 1" to April 30th per calendar year. Deviation #8 seeks relief from LDC Section 5.06.02.B.6, which permits two (2) ground signs per entrance to the development, to allow for one (1) ground sign known as "Boundary Markers" at the property corners for each frontage on Livingston Road and Veterans Memorial Blvd. These -Boundary Markers" would be in addition to the project entrance signs. The proposed `Boundary Markers" will be permitted at a maximum height of 10' and sign area of 32 s.f.per sign. Deviation#9 seeks relief from LDC Section 5.06.02.B.6. which permits ground entrance signage only on-site within residential zoning districts, to allow one of two ground entrance signs at the Livingston Road entrance to be located on the County right-of-way remnant triangle piece left over from the construction of Livingston Road. The off premise sign may be permitted if a right of way permit is approved or if the remnant parcel is purchased by the owner of the Brandon RPUD. Deviation #1() seeks relief from LDC Section 5.06.02.B.5.. which requires on-premise directional signs to be setback a minimum of 10' from internal property lines. to allow for on-premise directional signage to be setback a minimum of 5' from internal property lines. This deviation does not apply to property adiacent to public roadways. Page 11 of 16 Brandon RPUD PUDA-PL20130001056-Rev. 12/9/13 Words added are underlined,words deleted are Packet Page -1823- 3/25/2014 17.B. EXHIBIT E Brandon Residential Planned Unit Development Deviation #11 seeks relief from LDC Section 5.06.02.B.6. which permits two (2) ground signs per entrance to the development with a maximum height of 8' and total sign area of 64 s. f. per sign, to allow for two (2) ground signs per project entrance with a maximum height of 10' and sian area up to 80 s. f. per sian allowing a total sign area of 160 s.f. Deviation#12 seeks relief from the LDC Section 4.02.01.A Table 2.1 which requires a minimum setback line be measured from a road right -of-way easement line to allow the front yard setback to be measured from the back of curb. Front loaded garages shall be set back a minimum of 23 feet from edge of sidewalk or 23 feet from the edge of pavement where no sidewalk is provided. For side-loading garages, a parking area of 23 feet in depth shall be provided to avoid parking of a vehicle across the referenced sidewalk or pavement. This does not apply to public road rights of way. Deviation #13 seeks relief from LDC Section 1.08.02, "Lot measurement width', to allow a minimum frontage on the internal streets to be 22 feet as measured by the cord method and to permit flag lots. Deviation#14 seeks relief from LDC Section 4.06.05.J. Slope Table to allow sod as the planting material for 3:1 slopes with a maximum height of 2 feet. Deviation #15 seeks relief from LDC section 4.06.02.0 that requires a 15' Type B buffer between amenity centers and residential uses to allow a Type B buffer within a 10' width. Page 12 of 16 Brandon RPUD PUDA-PL20130001056-Rev. 12/9/13 Words added are underlined,words deleted are strusk-tl Packet Page-1824- 3/25/2014 17.B. EXHIBIT F Brandon Residential Planned Unit Development DEVELOPMENT COMMITMENTS GENERAL: Development of the Brandon RPUD is proposed for completion in 2012. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD. and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval. the Managing Entity is Fullerton Bonita, LLC or its assigns. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. .After such approval. the Managing Entity will he 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 acknowled gement 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. TRANSPORTATION: A. All traffic control devices, signs, pavement marking, and design criteria shall be in -accordance with the Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. E. Accese points shown on the RPUD Master Plan are considered to be conceptual. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is approved. C. Site related improvements (as opposed to system related improvements) necessary for safe ingress and egress to this proleet, a.: letenni ped by Comer Cc tyl1 ', 3ha44 et be eligible for impact fee credits. All improvements necessary-to provide safe ingress and egress for construction related traffic shall be in place and operational prior to D. Notting d any development order shall vest a- right of access in excess of a right ingress,ess. a point of egress. or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. Collier County reserve the right to close any median opening existing at any time which is found to be adverse to the health, safety, and welfare of the public. Page 13 of 16 Brandon RPUD PUDA-:PL20130001056-Rev. 12/9/13 Words added are underlined,words deleted area Packet Page -1825- 3/25/2014 17.B. EXHIBIT F Brandon Residential Planned Unit Development Any such modifications shall be based on, but not limited to, safety, operational circulation, and roadway capacity. E. If any required turn lane improvement requires the use of any existing County rights of wry or easement(s), then compensating rights of way shall be provided at no cost to Collier County as a consequence of such improvement(s) upon final approval of the turn lane design during the first subsequent development order. The typical cross section may Division Administrator or his designee. Upon closure of the turn lane along Livingston Road, the County shall return the compensating right of way back to the developer, its successors, or assigns. If, in the sole opinion of Collier County, traffic signal(s), other traffic control device, sign,pavement marking improvement within any public right-of-way or easement, or site related improvements (as opposed to system related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, are determined to be necessary, the fair share cost of such improvement shall be the responsibility of the developer, its successors or assigns. The improvements shall be paid for or installed prior to the issuance of the appropriate, corresponding CO. Additionally, proportionate fair share payment will be determined by a traffic study and will be paid by the developer to Collier County prior to SDP or PPL approval consistent with the terms of the attached Exhibit G, entitled "Interlocal Agreement by and between Collier County and the School District of Collier County" dated August 16, 2007 (OR Book 4281, Page 1295). r. The interconnection point via Verona Pointe shown on the RPUD Master Plan is easements. This access point design for the incoming development traffic is contingent upon perpetual cross access easement dedications from affected property owners being days of adoption of the Brandon RPUD Ordinance. If perpetual cross access easement RPUD Ordinance, then upon notification by Transportation Staff, the developer, or . a road right of way (which will include a single 5 foot sidewalk in the typical section) connecting to Verona Pointe with a one way southbound travel way within the restricted urea for exiting development traffic. Construction and maintenance costs shall be funded by fair share contributions of the property owners gaining access from extension of the . .. . - private cross access casements, once recorded., shall be the ! -a connection through Verona Paints. Ordinance, then in the interim, until such cross access easements may be obtained and Page 14 of 16 Brandon RPUD PUDA-:PL20130001056-Rev. 12/9/13 Words added are underlined,words deleted are struck thrc Packet Page-1826- 3/25/2014 17.B. EXHIBIT F Brandon Residential Planned Unit Development driveway shown on the Brandon RPUD Master Plan. Once the perpetual cross access Pointe public access easement, then the developer, or successor, shall design, permit, and H. All internal roads, driveways and sidewalks within the Brandon RPUD shall be operated and maintained by the developer, its successors, or assigns, in perpetuity. B.� A reserved interconnection Access points for connection to off-site properties to the east are shown on the RPUD Master Plan. The costs for providing access through each access peint-for the interconnection will be determined by the developer and such landowners as may desire to use the interconnection any one or more access point(s), or in the alternative, as provided for by general law. WATER MANAGEMENT: The Brandon RPUD conceptual surface water management system is described in the SFWMD ERP Permit No. 11-03477-P Water Management Report, which has been included in the RPUD rezone application materials. Water management infrastructure shall be operated and maintained by the developer until conveyed to the homeowners' association. UTILITIES: A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within the platted rights-of-way or within dedicated utility easements shall be conveyed to the Collier County Public Utilities Division. B. All customers connecting to the potable water and sanitary sewer system shall be customers of the Collier County Public Utilities Division. ENVIRONMENTAL: A. Special Treatment (ST) Overlay District designations shall be eliminated from the subject feperty. B. AP preserve areas shall be identi ie3 as separate tracts and be protected by a permanent conservation casement to prohibit further development. Conservation easements shall be dedicated on the plat, or at time of SDP ap. oval. to the home-owners' association, or like Page 15 of 16 Brandon RPUD PUDA-:PL20130001056-Rev. 12/9/13 Words added are underlined,words deleted are struck thn Packet Page-1827- 3/25/2014 17.B. EXHIBIT F Brandon Residential Planned Unit Development entity, for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. .4. This RPUD shall comply with the guidelines of the USFWS and FFWCC for impacts to protected species. A Habitat Management Plan for Big Cypress Fox Squirrel shall be submitted to Environmental Review Staff for review and approval prior to SDP or subdivision plat approval. INDEMNITY AGREEMENT: The developer agrees to indemnify, defend, and hold harmless the County in the event of the County being named in any suit brought by adjacent or nearby land owners of undeveloped property to establish lawful access, including defending the County's interest at hearing or trial; except that the developer will not be responsible for any expenses for outside counsel that the County may otherwise seek to retain in such matter. AFFORDABLE HOUSING: i the construction of dwelling units within the Brandon RPUD. This commitment and the subsequent payments shall be credited against any subsequently adopted affordable, work force, provisions. Page 16 of 16 Brandon RPUD PUDA-:PL20130001056-Rev. 12/9/13 Words added are underlined,words deleted are s sk-tkr-(Packet Page -1828- 3/25/2014 17.B. 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J� "A' BUFFERI I — — —I R ( -'-R /- I , f 7 1 ST-SPECIAL I I I 10' TYPE TREATMENT ��/' R LAKE A" BUFFER i OVERLAY %%// IIJ F Ci I I z ° w I 1 ST-SPECIAL a --10' TYRE TREATMENT w Lc "A"BUFFER O 111 REOUIREUR �� OVERLAY w d a a 1 %�� /��j NO BUFFEK p,l d PRESERVE PRESERVE REQUIRED W 1 \ in* TYPE j////// / \ "A" BUFFEk R _ J ��\ ///1-1`-',-----\nnn R J, —10' TYPE \ .-_-.___--_.._.. _ / R "A"BUFFER /, TYPE —R • �; ---,----Ji9 D" BUFFER ------ RESERVED ` ` j\ R INTERCONNECTON 10' TYPE CD \tf� I `\CS -RESERVE "A° SUFFER �O NO BUFFEK URBAN 000,�, REQUIRED RESIDENTIAL LANU USE KEY „ , - PUD i • RESIDENTIAL(R) \ VERONA POINTS -SINGLE FAMILY '\ \ -TWO FAMILY \ -SINGLE FAMILY ZERO LOT LINE -DUPLEX -MULTIFAMILY `\ ` -COMMnN AREA \ -OPEN SPACE `\ -WATER MANAGEMENT AREAS -RECREATION FACILITY \\ \. PROJECT LAND USE N ,.N RESIDENTIAL(R) 27.87 AC* ` LAKES 4. ACV `\ �\ PRESERVE REQUIRED 111.81 01 ACV PRESERVE PROVIDED/SHOWN 11.82 ACV ROADS/ROW 6.]]ACV TOTAL NET ACREAGE 51.10 AG3 MINIMUM OPEN SPACE(60%) 30.66 ACt DENSITY.204 UNITS/51.I AC.=3.99 UNITS PER ACRE LEGEND RPUD MASTER PLAN NOTES (i///J PRESERVE AREA N T ' WATER MANAGEMENT AREA 1. THE FACILITIES AND IMPROVEMENTS SHOWN ON THIS PUD MASTER PLAN SHALL BE CONSIDERED RPUD BOUNDARY CONCEPTUAL IN NATURE. 2. THE DESIGN,LOCATION,AND CONFIGURATION OF THE LAND IMPROVEMENTS SHALL BE DEFINED AT EITHER SDP APPROVAL,OR CONSTRUCTION PLANS AND PLAT APPROVAL. SPECIAL TREATMENT ZONE 3 RESERVED INTERCONNECTION MAY MOVE NORTH OR SOUTH. () ZONING CLASSIFICATION I LUC I LAND USE CLASSIFICATION R RESIDENTIAL AREA /3 CHANGES PER STAFF LETTER, DATED 9/20/13 M.F.G. M.E.10/13 H MAJOR ACCESS POINTS /3 CHANGES PER STAFF LETTER, DATED 11/26/13 M.F.G. M.E.11/29 E--4.- RESERVED INTERCONNECTION DAITA INC Planning DATE, AUG., 2013 SCALE. CLIENT: D.R. NORTON INC. Visualization CONSULTING C5v�1Fn N.T.S. 1 \. V '` .Z Surveying&Mapping DRAWN BY TITLE: 6610 Willow Park Drive,Suite 200 ,.A.K. BRANDON RPUD MASTER PLAN Naples,Florida 34109 CHECKED BY. (239)597-0575 FAX:(239)597-0578 WwW.consu@-rwa.DOm M.E. Florida EB 7663 Certificates of Authorization S E C -— — "''''''''- ).0� 03 SHEET 2 2 FILE 1300030003P02 '3 Packet Page -1830- NUMBER: OF NUMBER: 3/25/2014 17.B. DEVIATION JUSTIFICATIONS Brandon Residential Planned Unit Development LIST OF REQUESTED DEVIATIONS AND JUSTIFICATIONS Deviation #1 seeks relief from LDC, Section 6.06.01.N which requires minimum local street right-of- way width of 60 feet, to allow a 50' right-of-way width for the internal streets that includes public utilities. Minimum right-of-way width of 50 feet is requested for local streets within the Brandon RPUD. This deviation is justified because of the small-scale setting of the neighborhood. This addresses concerns that a larger road right-of-way is conducive to higher speeds, and physical design of the broader road right-of-way becomes less articulated and does not relate to the neighborhood scale. A 50-foot right- of-way for a residential street can successfully facilitate movement of the vehicular, pedestrian and bike traffic while accommodating all utility and drainage needs. The 50-foot right-of-way accomplishes traffic calming to provide a safer transportation system within the neighborhood. This dimension for a neighborhood right-of-way accommodates all the standard roadway functions so that the development is compact, the native vegetation is less impacted, and open spaces can be concentrated in areas of the property for enhanced environmental quality. In addition since a 50' street right-of-way width was designed and approved through the SFWMD ERP permit. this deviation will ensure that the RPUD amendment is consistent with the SFWMD permit. All Public Utilities will be provided within the 50' right-of-way. See Figure 1 for ROW cross sections. Additionally, if an access road is designed to connect to the existing 40 foot wide public access access easement. Deviation #2 seeks relief from LDC Section 6.06.02.A. which requires construction of five-foot wide sidewalks on both sides of local streets, to allow a single five-foot wide sidewalk on one side of the internal cul-de-sac road rights-of-way and a single five-foot wide sidewalk on the spine road only where there is a preserve adjacent to the right-of-way. The remainder of the spine road will meet LDC Section 6.06.02. See Figure 2. which depicts the sidewalk network within the development. As previously stated, due to the constraints created by the configuration of the project and the requirements of the SFWMD permitting criteria, including the right-of-way cross section adjacent to the preserve areas: the street right-of-way width is constrained in some areas. This deviation will not adversely impact pedestrian mobility for the project, and will reduce impervious areas for better water quality and storm water attenuation, and minimizes impacts to adjacent preserve areas. The private, local roadways internal to the development will have relatively low vehicular travel speeds; therefore. the deviation will not negatively impact public health, safety and welfare. This deviation has previously been approved with proven results that fulfill the goal of safe pedestrian mobility. As proposed. the sidewalks will provide a comprehensive circulation throughout the community, including interconnections to the extensive sidewalk systems along Livingston Road and Veterans Memorial Blvd. Page 1 of 5 Brandon RPUD PUDA-PL20130001056-Rev.12/9/13 Words added are underlined,words deleted are Packet Page -1831- 3/25/2014 17.B. DEVIATION JUSTIFICATIONS Brandon Residential Planned Unit Development Deviation #2-3 seeks relief from Code of Laws and Ordinances Administrative Code Section 2- 12.C.13.j. which requires tangents for all streets between reverse curves, unless otherwise approved by the County Manager, or his designee, pursuant to LDC, Section 10.02.04. Tangents shall not be required between reverse curves on any project streets. This deviation is justified because it is consistent with the Code provision for administrative discretion. The streets within the Brandon RPUD are not at a traffic capacity or speed level to require tangents between reverse curves. The site is designed with straight section curves and no super-elevated curves. With a speed limit of 25 mph, the design promotes traffic calming. This deviation was approved through the original zoning. The internal roadway network is substantially the same and continues to warrant the need for this deviation. Deviation #3 4 seeks relief from Code of Laws and Ordinances Section 22-112 which requires for excavated areas a maximum four to one slope from existing grade to a breakpoint at least 10 7 feet below the control elevation. : • - . - . - - -- - - . This equates to 3 ft. below documented low water elevation/dry season water table. Engineering/Stormwater Staff Review agreed that as revised this deviation is permittable. See Figure 3 that depicts the lake cross section. - ' 1 dhere to South.Florida Water Management District (SFWMD) minimum standards, as identified in Drainage Details & Cross Sections, Sheet 11. Additional reduction in that cross sectional area of the lake beyond the standards required by SFWMD Deviation #5 seeks relief from UDC Section 5.03.02.C. which permits a maximum wall height of 6' in residential zoning districts, to allow a maximum wall height of 8' along the perimeter of theproiect and where abutting an existing public roadway. allow a 15'tall wall/berm combination. See Figure 4 that depicts typical cross sections that include the 8' perimeter wall and 15' wall/berm combination. The proposed deflation will allow for additional visual screening and mitigation of noise pollution resulting from traffic along Livingston Road. a 6-lane divided arterial roadway. as well as Veterans Memorial Blvd. In addition to the maximum 17' wall/berm combination along the external RO14/v, a perimeter wall height of 8" is being requested to provide adequate bufferint; and noise attenuation between the project and adjacent properties. Approval of this deviation will serve to promote public health. safety and welfare. as well as enhance the aesthetic appeal of the proposed community and ,teit'eral area. Deviation# 6 seeks relief from LDC Section 4.06.02.C.4. which requires a 20' wide type D buffer along a public right-of-way for developments greater than 15 acres. to allow a 15' type D buffer in conjunction with the proposed increased height for the perimeter berm/wall combination requested in Deviation#5. See Figure 4 that depicts a typical cross section and plan view of 15' Type I) Buffer. This deviation has been requested to allow a huller that meets the intent of a Type D buffer by utilizing a combination of a berm and wall that would provide the 100% opacity and would allow a more flexible desitrn/layout of the various elements in the buffer. Because the resultant buffer would meet or Page 2 of 5 Brandon RPUD PUDA-PL20130001056-Rev.12/9/13 Words added are underlined,words deleted are struck-tkr.Packet Page-1832- 3/25/2014 17.B. DEVIATION JUSTIFICATIONS Brandon Residential Planned Unit Development exceed the intent of the fl;pe D buffer the health. safety and 1velfhre of the public and the community's residents would not be compromised. See attached Figure W depicting a 15' Type D Butler and a 15' wall berm combination. Deviation #7 seeks relief from LDC Section 5.04.06.A.3.e, which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height, to allow a temporary banner sign up to a maximum of 60 square feet in area. The temporary banner signs shall be limited to maximum of 180 days during season defined as November l to April 30ti, per calendar year. See Figure 5A. .The proposed deviation will allow for. a banner sign located on the proposed masonry wall along Livingston Road in order to advertise new homes available within the community. The 4 square foot banner sign permitted /2.), the LDC provides minimal visibility and likely will not be readily seem by vehicles travelling along Livingston .Road, a 45mph six-lane road. Additionally, the Applicant is requesting that the banner be allowed for up to 180 days per calendaryear to allow display throughout the peak winter season for home sales. Due to the property's location on a curve on Livingston Road. as well as the high travel speeds along the roadway. the Applicant is seeking an increase to the allowable banner size to ensure visibility of this new community. The requested banner size is in accordance with deviations approved for similar residential protects throughout the County. Deviation #8 seeks relief from LDC Section 5.06.02.B.6, which permits two (2) ground signs per entrance to the development to allow for one (1) ground sign known as "Boundary Markers" at the property corners for each frontage on Livingston Road and Veterans Memorial Blvd. These "Boundary Markers"would be in addition to the project entrance signs. The proposed 'Boundary Markers"will be permitted at a maximum height of 10' and sign area of 32 s.f. per sign. See Figure 5A. The proposed deviation would allow the developer to place boundary marker signage to increase the community's visibility and better delineate the property from surrounding communities. Due to the .property's configuration and frontage on Veterans .Memorial Blvd. and Livingston Road. this deviation would allow the developer to have additional options for signage over and above the entrance signage. These signs would meet the setback and sight distance triangle requirements and would thereby ensure public health. _safety and welfare is protected. Deviation #9 seeks relief from LDC Section 5.06.02..B.6, which permits ground entrance signage only on-site within residential zoning districts, to allow one of two ground entrance signs at the Livingston Road entrance to be located on the County right-of-way remnant triangle piece left over from the construction of Livingston Road. The off premise sign may be permitted if a right of way permit is approved or if the remnant parcel is purchased by the owner of the Brandon RPUD. This off-site ground entrance sign will be located north of the Livingston Road entrance as quieted on Ficntrc'. 6. The proposed deviation would allow the developer to place a sign on this parcel if the parcel is acauired from the County by the developer subsequent to the RPUD amendment or a ROW permit allowing such sign is approved. The configuration of the Brandon RPUD at the Livingston Road Page 3 of 5 Brandon RPUD PUDA-PL20130001056-Rev.12/9/13 Words added are underlined,words deleted are struck-th r Packet Page-1833- 3/25/2014 17.B. DEVIATION JUSTIFICATIONS Brandon Residential Planned Unit Development entrance would not allow a sign at the most visible location for north hound traffic. This circumstance is a result of the County's design and construction of Livingston Road resulting in a remnant piece at this location that restricts the frontage of the north quadrant of the Brandon RPUD's entrance. This circumstance would deprive the developer of opportunities commonly afforded to other properties in the same zoning district. Deviation#10 seeks relief from LDC Section 5.06.02.B.5. which requires on-premise directional signs to be setback a minimum of 10' from internal property lines, to allow for on-premise directional signage to be setback a minimum of 5' from internal property lines. This deviation does not apply to property adiacent to public roadways. This deviation will allow for the development of appropriate directional signage internal to the RPUD. A unified design theme will be utilized for all signage throughout the community, thereby ensuring a cohesive appearance and increased aesthetic appeal. All directional signage will meet the Clear sight Distance in accordance with LDC Section 60.06.05. Furthermore, this deviation has been approved and success:Mb,utilized in many of the planned developments throughout Collier County. Deviation #11 seeks relief from LDC Section 5.06.02.B.6. which permits two (2) ground signs per entrance to the development with a maximum height of 8' and total sign area of 64 s. f. per sign, to allow for two (2) ground signs per project entrance with a maximum height of 10' and sign area up to 80 s. f. per sign allowing a total sign area of 160 s.f. See Figure 5. The subject property will be accessed via two (2) arterial roadways, which allow relatively high travel speeds. Due to the property's location along these arterials. the Applicant is seeking an increase to allowable entry srgna<_'e height and area to ensure visibility of the community. This deviation request is similar to previous requests approved and successf dly utilized for planned developments in Collier County. See Figure 5 depicting various potential scenarios. All signs will comply with sight distance triangle requirements thereby ensuring public health. safety and welfare is protected. Deviation #12 seeks relief from the LDC Section 4.02.01.A Table 2.1 which requires a minimum setback line be measured from a road right -of-way easement line to allow the front yard setback to be measured from the back of curb. Front loaded garages shall be set back a minimum of 23 feet from edge of sidewalk or 23 feet from the edge of pavement where no sidewalk is provided. For side- loading garages. a narking area of 23 feet in depth shall be provided to avoid parking of a vehicle across the referenced sidewalk or pavement. This does not apply to public road rights of way. This deviation is requested to allow more flexibility in the design and layout oldie individual lots while at the same still providing ample front yard separation from the right-of-way. This deviation tivill not impact the required driveway dimensions and will still accommodate sidewalks as proposed. Additionally. bringing buildings closer to the roadway in a low speed local road setting is consistent with good planning practices highlighted in Objective and Policies related to Smart Growth in the Future Land Use Element of the County's GMT. Results include a more human scale, walkable community. Page 4 of 5 Brandon RPUD PUDA-PL20130001056-Rev. 12/9/13 Words added are underlined,words deleted are strook..��-Packet Page -1834- 3/25/2014 17.B. DEVIATION JUSTIFICATIONS Brandon Residential Planned Unit Development Deviation #13 seeks relief from LDC Section 1.08.02. "Lot measurement width" to allow a minimum frontage on the internal streets to be 22 feet as measured by the cord method and to permit flag lots. See Figure i. This deviation has been requested to allow flag lots within the Brandon RPUD in order to efficiently utilile the developable areas in locations affected by the roadway curves. Deviation#14 seeks relief from LDC Section 4.06.051 Slope Table to allow sod as the planting material for 3:1 slopes with a maximum height of 2 feet. This deviation is requested to allow sod as the plantinf>material and to meet the SPWAID permit ri.tht- of-way cross sections. Deviation #15 seeks relief from LDC section 4.06.02.0 that requires a 15' Type B buffer between amenity centers and residential uses to allow a Type B buffer within a 10' width. This deviation is intended to allow flexibility in the buffer between the community amenity center and adjacent internal residential lots, given site constraints due to the unique coiifie-uration of this RPUD. The intended buffer will include a wall and the required Type B buffer plantings. however allowing a millimwn JO' buffer width instead of 15' buffer width will allow tar a more creative design that could for example meander between a 10'and 15'width. The wall and vegetation buffer combination will provide ample Sereenin 2-and sound attenuation to ensure compatibility between the amenity center and residentia116Ses. Page 5 of 5 Brandon RPUD PUDA-PL20130001056-Rev.12/9/13 Words added are underlined,words deleted are ArnettO-Packet Page -1835- 3/25/2014 17.B. 10' PUE 50' RIGHT—OF—WAY 10' PUE I 25' 25' 5' 5' 3' 2' 10' 10' 2' 3' 5' 5' I CONCRETE SOD TRAVEL LANE TRAVEL LANE SOD�ONCREEE I SIDEWALK SIDEWALK 2' VALLEY I 12" GUTTER (r'P.) _y ,o: cr oU I M ICJ 'U 0 PVC 7.5 7'5 PVC WATER FORCE MAIN MAIN PVC GRAVITY SEWER TYPICAL RIGHT-OF-WAY CROSS SECTION WITH SIDEWALK ON BOTH SIDES N.T.S. 10' PUE 50' RIGHT—OF—WAY 10' PUE 25' 25' 5' 5' 3' 2' 10' 10' 2' 13' CONCRETE SOD TRAVEL LANE TRAVEL LANE -I SIDEWALK 2' VALLEY 12. GUTTER I crp.) —.--- --._ Ix .0 O w - w M O M O 0 n PVC I-F 7.5' 7.5' PVC WATER I FORCE MAIN MAIN PVC GRAVITY SEWER TYPICAL RIGHT-OF-WAY CROSS SECTION WITH SIDEWALK ON ONE SIDE N.T.S. f� PRESERVE 50' RIGHT—OF—WAY PRESERVE ,v_...._ 25' 25' 11.5' 1.5 2' 10' _ 10' 2' 6' _14 TRAVEL LANE TRAVEL LANE OONCRETE I 4' SIDEWALK TYPE "F" 14 8-15.3 RIP—RAP 14.8-15.0 CURB 14.2-15.0 RETAINING WALL 12.7' 4,1 NO( -- ---.— :7(44gX) ri,/Os) w 14.3 EXISTING GRADE Q"`_ 3.11Mo p EXISTING GRADE 17.21 000 U N'N_FPL, I 5.0' 4 PVC CENTURYLINK, r I WATER 3:1 (MAX) MAY BE COMCAST MAIN CONSTRUCTED AS SLOPE ALTERNATIVE PVC GRAVITY SEWER TYPICAL RIGHT-OF-WAY CROSS SECTION ADJACENT TO PRESERVE N.T.S. DXXTAINC. CLIENT: D.R. HORTON, INC.Planning�un DATE: V1 � SCALE: CONSULTING Civil Engineering A.. t V Vl j dying gi Mapping DRAWN BY: TITLE: 6610 Willow Park Drive,Suite 200 PTN BRANDON R P U D AMENDMENT Naples,Florida 34109 CHECKED BY FIGURE 1 1 (239)597-0575 FAX:(239)597-0578 ME. www.consult-rwa.com Florida Certificates ofAuthorization SEC: TWP: RGE: PROJECT SHEET FILE E87663 LB 6952 13 48S 25E NUMBER: 30003.00.03 NUMBER: OF NUMBER: FIGURE1 Packet Page -1836- 3/25/2014 17.B. L - _ - - - - VETERANS MEMORIAL BOULEVARD - - SIDEWALK ii 1- SIDEWALK SIDEWALK z- \\-- I LEGEND: � � J---i SIDEWALK if SIDEWALK ♦ N-SIDEWALK / fl _J ! 17 L... I , \.., jSIDEWALK \ \ i fc::!3 SIDEWALK/ ////i//I I\ SISIDEWALK KGs ?O \ �� \O4 d , N N 1 TAINC. DATE: CLIENT: Planning 10/8/13 D.R. HORTON, INC. Visualization SCALE: CONSULTING Civil Engineering 1" = 400' Z \ V VA. 1 Surveying&Mapping DRAWN BY: TITLE: 6610 Willow Park Drive,Suite 200 PT N BRANDON R P U D AMENDMENT Naples,Florida 34109 CHECKED BY: SIDEWALK PLAN - FIGURE 2 (239)597-0575 FAX:(239)597-0578 www.consult-rwa.com Florida Certificates of Authorization sec TWA: RYE: PROJECT SHEET FILE EB7663 LB6952 13 485 25E NUMBER: 130003.00.03 NUMBER: 1 OP 1 NUMBER: FIGURE2 Packet Page-1837- 3/25/2014 17.B. Y 1_ I- 0 III= =I 11- �_ 0 111=11 —I 11- 6 gl °- 111111II Nap T 11=1, W W WI E . V) z —III a IIIIII� I-1 I 111111 111 I IF= III= 11=11 II I7 I�' za 00 O Z <z I- 0 W W LU `15 Z V) z O '^ z ( ) Z oOWO Q d 0 CC g ZLo 0 O ai O>j LU O aJO Y H-0 z Q J J Q U_ i1 76 1. D D z z o o 0, 0 E- J 0 Q p p W Q I - UJ Z ,z Z Z w W_ o N N Q N d 4 CC.- 3N Y W 0 z� 0 0 m 0 n—'1 0 m I + -I to DXITAINC. DATE: CLIENT: Planning Visualization 10/8/13 'cA`E: D . NORTON, INC. CONSULTING Civil Engineering L \ 7 Vl 1 Surveying&Mapping DRAWN BT: TITLE: 6610 Willow Park Drive,Suite 200 PTN BRANDON R P U D AMENDMENT Z 3 Naples,Florida 34109 CHECKED BY: FIGURE (239)597-0575 FAX:(239)597-0578 ME www.consutt-rwa.com Florida Certificates of Authorization SEC: TWP: ACE: PROJECT 130003.00.03 SHEET 1 1 FILE FIGURES EB7663 LB6952 13 48S 25E NUMBER: NUMBER: OF NUMBER: Packet Page-1838- 3/25/2014 17.B. R/W LIVINGSTON ROAD 15' TYPE "0" BUFFER RIGHT-OF-WAY 10' ,, 20' L.M.E. SOUTHWEST LAKE M zo 1 2 Elf 14' W~ 1 • J m 14.3' igil 14.6' In Q g 10:1 O 1 1.3'-11.5' A:.•\ 4.1 V CONTROL ELEVATION PERIMETER WALL 11.2' NAVD LIVINGSTON ROAD TYPICAL BERM SECTION R R/W �� DEVELOPED 27' D.E. 17' ± LOT -... f 15' TYPE "D" BUFFER RIGHT-OF-WAY VETERANS N--"-- 3' 4' 10.4' 6' 3.6' MEMORIAL BLVD 2'±I 6' 6' 15' MAX. ( WALL/BERM 14.8' we 14.3' COMBJQ� 1I ---_ 13.2' _4 , 4'" 1 4;1 3 .� r r - r PERIMETER WALL \I 1.0'-13.0' EXISTING GRADE PLANTING AREA VETERANS MEMORIAL BLVD TYPICAL BERM SECTION 30' O.C. DOUBLE - STAGGERED HEDGEROW, #3 SHRUBS PERIMETER WALL 24" HIGH AT PLANTING & MAINTAINED AT 36" Al 4J%Y4AWS(*%%do..?o%4b O_ a - - - .e_ -O- -O'OO�i'O411100.7 0 4 0 �� 15 vie 1 TYPE "D" BUFFER D%XTA0. °A TE CLIENT:10/8/13 D.R. NORTON, INC. SCALE CONSULTING Civil Engineering Z IL. V VA. A. Surveying&Mapping DRAWN 9Y: TITLE: 6610 Willow Park Drive,Suite 200 PTN BRANDON R P U D AMENDMENT Naples, -0 75 Florida AX(3 9)9 CHECKED BY: FIGURE 4 (239)597-0575 FAX:(239)597-0578 www.consult-rwa.com Florida Certificates of Authorization sec: rwP: Rce PROJECT SHEET FILE EB7663 LB6952 13 48S 25E NUMBER: 130003.00.03 NUMBER: OF NUMBER: FIGURE4 Packet Page-1839- 3/25/2014 17.B. ,rw E 40- .' \/ ,� 4111, DOUBLE FACE SIGN '..\'4W,:: ::,41,,,,If L'" o e A W"' 111 44r ■ PROJECT ENTRY SIGN CONCEPT 1 (TYP.) N.T.S. N.T.S. A �I'' 4. 0 \ \ °4 f „. .:�! «w8 9' a s"u rf" a, TWO, SINGLE—FACE SIGNS ,` ` ' PROJECT ENTRY SIGN CONCEPT 2 (TYP.) N.T.S. N.T.S. M z l litce` , ' t i ,, . ",,, 7 3 qW q l k \ ,NM l ''','''',.,?1; , littii:,...., :t.'..';10 z,,,:BP . ..,0151,..r,'.,.,,.1 ' ilIMEIBLI N_ ,,::. ?:".t1.„„-,4 ,-.,i, 0 •,45,,,ZA:h .1;, ; ' �� : %', ; Ii V—FACE SIGN . 1 ' , ` PROJECT ENTRY SIGN N.T.S. CONCEPT 3 (TYP.) N.T.S. NOTE: FIGURES PROVIDED FOR ILLUSTRATIVE PURPOSES. TYPICAL DIMENSIONS DEPICTED, HOWEVER FINAL CONFIGURATION WILL BE DEFINED AT PPL AND MAY VARY SLIGHTLY. D%XTiV ogre CLIENT: Planning DEC. 2013 D.R. HORTON, INC. Visualization SCALE. CONSULTING Civil Engineering N.T.S. t V V1 1 Surveying&Mapping DRAWN Br: M.F.G. TITLE: BRANDON R P U D AMENDMENT 6610 WNaIIIow esPFlk riDdrveSte 200 CHECKED BY. (239)597-0575 FAX:(239)597-0578 S I G N AG E — FIGURE 5 www.consult-rwa.com M.E. Florida Certificates of Authorization SEC: TwP: BCE PROJECT Z SHEET FILE EB7663 LB6952 13 485 25E NUMBER: 30003.00.03 NUMBER: I OF I NUMBER: FIGURE 5 Packet Page-1840- 3/25/2014 17.B. 8' PROJECT NAME BOUNDARY MARKER (TYP.) N.T.S. - t' r . ;* e .t-r 1 ..F .F ...C.— _ r� MODELS OPEN �� _ � — •� ._,_ J �—�-y --rte,��3— — — Q ? ,.:,--� ._.. .f ..--�-.. G......::r - ._ter-...��T - L>J m TEMPORARY BANNER SIGN (TYP.) N.T.S. NOTE: FIGURES PROVIDED FOR ILLUSTRATIVE PURPOSES. TYPICAL DIMENSIONS DEPICTED, HOWEVER FINAL CONFIGURATION WILL BE DEFINED AT PPL AND MAY VARY SLIGHTLY. DXTAINC. TATe. CLIENT: Planning DEC. 2013 D.R. NORTON, INC. Visualization SCALE CONSULTING Civil Engineering N.T.S. Z t V VL A. Surveying&Mapping DRAWN BY TITLE: 6610 Willow Park Drive,Suite 200 M.F.G. BRANDON R P U D AMENDMENT Naples,Florida 34109 CHECKED BY SIG NAG E - FIGURE 5A (239)597-0575 FAX:(239)597-0576 M.E. www.consult-rwa.com Florida Certificates of Authorization SEC: TWP: BCE PROJECT SHEET FILE EB7663 LB6952 13 485 25E NUMBER: 30003.00.03 NUMBER: I OF I NUMBER: FIGURE 5A Packet Page -1841- 3/25/2014 17.B. „-- , -,-,- ..--- - . ..„- „.".. . .„" „-„-- „..., , ..• ..„ „,„ . , „.• ..„.-- ..,..- . :--- ,-„---- ,." . -,- '' , , .. . ..-_--- ' ...„ -,:- - ....-.." ,_-- , ____‘' c.5% , ' ' ,-1\74. '" ... „ .\‘ --, :-' ' ) ' ....- ,..„,- .. ...-- ,.-..--- I ROW LINE ,,,...• ,,.•7 iii ,,-,--- ...," 1 „-• - 1 , ..„ ,,-„-- . .../ .." , APPROXIMATE V LOCATION OF OFFSITE SIGN ' • PROJECT BOUNDARY -,---/V \ ,.,..."- CONCEPTUAL LOCATION — OFFSITE SIGN DWA INC. Planning Visualization /8/13 DATE' 10 SCALE: CLIENT: D.R. HORTON, INC. CONSULTING Civil Engineering 1 = 40' L V YR. .111. Surveying&Mapping DRAWN BY TITLE: BRANDON RPUD AMENDMENT 6610 Willow Park Drive,Suite 200 PTN Naples,Florida 34109 CHECKED BY. (239)597-0575 FAX:(239)597-0578 www.consult-iwa.com Florida Certificates of Authorization ME FR SEC. TWP: U PROJECT 13 485 25E NUMBER: 1 30003.00.03 FIGURE 6 SHEET OF 1 1 FILE EB 7663 L66952 NUMBER: NUMBER: FIGURE6 Packet Page-1842- 3/25/2014 17.B. 22' MINIMUM FRONTAGE I I • FOR FLAG LOTS / SO l(MEASURED ALONG THE CHORD CONNECTING THE ', LOT LINES AT THE ROW) / 5' SIDEWALK _______,...-- iv / /7 • / / / \ \ 1 20' MINIMUM SETBACK TO B.O.C. \ 50' MINIMUM LOT WIDTH FOR DEVELOPABLE PORTION OF FLAG LOT 5' SIDE YARD SETBACK - - 5' SIDE YARD SETBACK L - - - - - _I PRINCIPAL STRUCTURE 15' MIN. REAR YARD PROJECT BOUNDARY\ - — — — — — __ _ ACCESSORY STRUCTURE 5' MIN. SETBACK TYPICAL FLAG LOT SETBACKS 1)%XTAINC. DATE' CLIENT: Planning 10/8/13 D.R. HORTON, INC. Visualization SCALE CONSULTING Civil Engineering 1" = 30' 1 L Y VA. 1 Surveying&Mapping DRAWN BY: TITLE: 6610 Willow Park Drive,Suite 200 PTN BRANDON R P U D AMENDMENT Naples.Florida 34109 CHECKED BY: FIGURE 7 (239)597-0575 FAX:(239)597-0578 ME E www.consuit-rwa.com Florida Certificates of Authorization SEC: TWP: RDe PROJECT SHEET 1 1 FILE Be 7663 LB 6952 13 48S 25E NUMBER: 130003.00.03 NUMBER: I OF I NUMBER: FIGURE] Packet Page-1843- 3/25/2014 17.B. • 26D )� Wednesday, March 5,2014 k NAPLES DAILY NEWS • • • NOTICE OF MEETING NOTICE OF MEETING • NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, March 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. The meeting will commence at 9:00 A.M. The.title of the proposed Ordinance•is as follows: AN .ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 08-13 WHICH ESTABLISHED THE BRANDON RESIDENTIAL PLANNED UNIT DEVELOPMENT, TO RETAIN THE DENSITY OF 204 RESIDENTIAL UNITS;TO REVISE THE MASTER PLAN TO CHANGE THE LOCATION OF THE ENTRANCE ROAD ON VETERANS MEMORIAL BOULEVARD, TO RECONFIGURE THE ON-SITE PRESERVE AREAS AND RECONFIGURE THE DEVELOPMENT AREA;'' TO REVISE: DEVELOPMENT STANDARDS; TO ADD • DEVIATIONS; AND TO MODIFY DEVELOPMENT. COMMITMENTS INCLUDING, REMOVAL OF THE AFFORDABLE HOUSING COMMITMENT. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTHEAST CORNER OF LIVINGSTON ROAD AND VETERANS MEMORIAL BOULEVARD IN SECTION 13,TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 51'ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDA-P120130001056] Copies of the proposed Ordinance are on file with the Clerk to the Board 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. • Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of.an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be' considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. . Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure 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: Teresa Cannon,Deputy Clerk Marrh 5.2014 No.2018164 • • Packet Page-1844-