Agenda 06/10/2014 Item #17D Proposed Agenda Changes
Board of County Commissioners Meeting
June 10, 2014
NOTE:
Item 17D: Golf Club of Everglades Residential Planned Unit
Development: On Page 4 of 14: Table 1 Development Standards
for R/G and "G": The Minimum Lot Width for a single family
detached should read 40 35 feet. (Staff request)
6/10/2014 17.D.
EXECUTIVE SUMMARY
This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item,all participants are required to be sworn in. Recommendation to approve an
Ordinance amending Ordinance No. 2004-41, as amended, the Collier County Land Development
Code, which established the comprehensive zoning regulations for the unincorporated area of
Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the
zoning classification of the herein described real property from a Rural Agricultural (A) Zoning
District within the Rural Fringe Mixed Use District—Neutral Lands Overlay and Receiving Lands
Overlay, to a Residential Planned Unit Development (RPUD) Zoning District within the Rural
Fringe Mixed Use District — Receiving Lands Overlay, to be known as the Golf Club of the
Everglades RPUD to allow up to 750 residential dwelling units, a golf course and related
recreational uses and 172 acres of native vegetation preserve. The subject property is located on
Vanderbilt Beach Road Extension,just east of Collier Boulevard,in Section 31,Township 48 South,
Range 27 East and Section 36, Township 48 South, Range 26 East, Collier County, Florida
consisting of 835.684± acres; providing for repeal of Resolution Nos. 99-61, 00-189, 07-117 and
Ordinance No. 10-08; and by providing an effective date [PUDZ-PL201300001374] (COMPANION
TO PL20130000365/CP2013-4).
OBJECTIVE: To have the Board of County Commissioners (BCC) review staff's findings
and recommendations along with the recommendations of the Collier County Planning
Commission (CCPC) regarding the above referenced petition and render a decision regarding
this PUD rezone petition; and ensure the project is in harmony with all the applicable codes and
regulations in order to ensure that the community's interests are maintained.
CONSIDERATIONS: The petitioner is asking the Board of County Commissioners (BCC)to
consider an application for a rezone from a Rural Agricultural (A) Zoning District within the
Rural Fringe Mixed Use District—Neutral.Lands Overlay and Receiving Lands Overlay, to a
Residential Planned Unit Development (RPUD) Zoning District within the Rural Fringe Mixed
Use District—Receiving Lands Overlay,to be known as the Golf Club of the Everglades RPUD
to allow up to 750 residential dwelling units, a golf course and related recreational uses and 141
acres of native vegetation preserve. For details about the project proposal, refer to
"Purpose/Description of Project" in the staff report prepared for the Collier County Planning
Commission(CCPC).
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
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6/10/2014 17.D.
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):
Staff found the proposed Planned Unit Development rezone to be deemed consistent with the
Future Land Use Element contingent upon Board approval of the companion Growth
Management Plan amendment, Petition PL20130000365/CP2013-4, to change the designation of
The Olde Florida Golf Club property from Rural Fringe Mixed Use District (RFMUD) Neutral
Lands to Rural Fringe Mixed Use District(RFMUD) Receiving Lands. See the Collier County
Planning Commission staff report for further analysis.
Transportation Element: Collier County finds the project consistent with policy 5.1 of the
Transportation Element of the GMP. All traffic impacts that result from the density have been
addressed as required.
Conservation and Coastal Management Element (CCME): Environmental review staff
found this project to be consistent with the Conservation & Coastal Management Element
(CCME). Please note that a companion GMP Amendment is being processed to change the
Future Land Use Map designation of Olde Florida Golf Club PUD from RFMUD Neutral Lands
to RFMUD Receiving Lands. The applicant indicated with that application that adoption of the
amendments would allow the petitioner to utilize TDRs from RFMUD Sending Lands and add
residential density in the Olde Florida Golf Club PUD.
GMP Conclusion: The GMP is the prevailing document to support land use decisions such as
this proposed rezoning. Staff is required to make a recommendation regarding a finding of
consistency or inconsistency with the overall GMP as part of the recommendation for approval,
approval with conditions, or denial of any rezoning petition. A finding of consistency with the
FLUE and FLUM designations is a portion of the overall finding that is required, and staff
believes the petition is consistent with the FLUM and the FLUE as indicated previously in the
GMP discussion. The proposed rezone is consistent with the GMP Transportation Element as
previously discussed. Environmental staff also recommends that the petition be found consistent
with the CCME. Therefore, zoning staff recommends that the petition be found consistent with
the goals, objective and policies of the overall GMP contingent upon Board approval of the
companion Growth Management Plan amendment, Petition PL20130000365/CP2013-4, to
change the designation of The Olde Florida Golf Club property from Rural Fringe Mixed Use
District (RFMUD) Neutral Lands to Rural Fringe Mixed Use District (RFMUD) Receiving
Lands.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The
CCPC/EAC heard this petition on May 1, 2014, and found that the criteria of Section 10.02.08.F
(formerly 10.03.05.I) and 10.02.13.B.5 were met. By a vote of 6 to 0 (Commissioner Rosen left
early), with the motion made by Commissioner Chrzanowski and seconded by Commissioner
Homiak, the CCPC recommended forwarding this petition to the Board of County
Commissioners (BCC) with a recommendation of approval subject to the following changes to
the PUD document:
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6/10/2014 17.D.
1. The developer shall provide minimum of 2-foot clear space alongside any sidewalk.
2. Deviation#1 shall be approved.
3. Modify footnotes as follows:
a. Change#2 to measure from the Lake Maintenance Easement;
b. Remove#5 and renumber the remaining ones;
c. Revise previous#7 to indicate a minimum 10-foot setback shall be required;
d. Remove previous #10.
4. Not to accept staff recommended stipulations;
5. Revise the PUD document for sidewalks to extend to Massey, payment in lieu with
timetable.
6. Revise the Exhibit C pages 1 and 2 to show sidewalks internal shall be on both sides of
roads shown on master plan.
7. Modify Exhibit A in reference to single family units for tract G, to replace "in close
proximity. . . ."with"west of the clubhouse."
8. Add language to clarify that cart paths that exist may be in preserves, but any new cart
path in a preserve must replace any lost preserve.
9. Need PUD boundary setback on table.
10. Delete sheet 4 of Exhibit C.
11. Yards shall be measured from lake maintenance easement.
12. Corner lots no less than 10' on side frontage.
13. Accept new utility language.
These revisions have been incorporated into the PUD document that is included in the draft
ordinance.
No opposition to this petition was been received. The CCPC vote was unanimous; therefore the
petition can be placed on the Summary Agenda.
LEGAL CONSIDERATIONS:-
This is a site specific rezone to a Residential Planned Unit Development (RPUD) Zoning District
for a project to be known as the Golf Club of the Everglades RPUD. 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 RPUD Rezones
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.
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6/10/2014 17.D.
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 RPUD 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 RPUD regulations, or as to desirable modifications of
such regulations in the particular case, based on determination that such modifications
are justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
9. Will the proposed change be consistent with the goals, objectives, and policies and
future land use map and the elements of the Growth Management Plan?
10. Will the proposed RPUD Rezone be appropriate considering the existing land use
pattern?
11. Would the requested RPUD 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?
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6/10/2014 17.D.
�-. 15. Will the proposed change create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses, because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or otherwise affect public safety?
16. Will the proposed change create a drainage problem?
17. Will the proposed change seriously reduce light and air to adjacent areas?
18. Will the proposed change adversely affect property values in the adjacent area?
19. Will the proposed change be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations?
20. Consider: Whether the proposed change will constitute a grant of special privilege
to an individual owner as contrasted with the public welfare.
21. Are there substantial reasons why the property cannot ("reasonably") be used in
accordance with existing zoning? (a"core"question...)
22. Is the change suggested out of scale with the needs of the neighborhood or the
county?
23. Consider: Whether it is impossible to find other adequate sites in the county for the
proposed use in districts already permitting such use.
24. Consider: The physical characteristics of the property and the degree of site
alteration which would be required to make the property usable for any of the range
of potential uses under the proposed zoning classification.
25. Consider: The impact of development resulting from the proposed RPUD 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 RPUD rezone request that
the Board of County Commissioners shall deem important in the protection of the
public health, safety, and welfare?
The BCC must base its decision upon the competent, substantial evidence presented by the
written materials supplied to it, including but not limited to the Staff Report, Executive
Summary, maps, studies, letters from interested persons and the oral testimony presented at the
BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by
the County Attorney's Office. This item has been approved as to form and legality, and requires
an affirmative vote of four for Board approval (HFAC)
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6/10/2014 17.D.
RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further
recommends that the Board of County Commissioners approve the request subject to the
attached PUD Ordinance that includes both the staff's revised recommendation and the CCPC
recommendation.
Prepared by: Kay Deselem, AICP, Principal Planner, Planning & Zoning Department, Growth
Management Division,Planning and Regulation
Attachments:
1) CCPC Staff Report
2) Application Backup Information due to the size of the document it is accessible at:
http://www.colt iergov.net/ftp/AgendaJune 1 0/GrowthMgmt/Appl icationforGolfCluboftheEvergl a
desPUD.pdf
3) Letter from the Conservancy
4) Ordinance
•
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6/10/2014 17.D.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.D.
Item Summary: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to approve an Ordinance amending Ordinance No. 2004-41, as amended,the
Collier County Land Development Code, which established the comprehensive zoning
regulations for the unincorporated area of Collier County, Florida by amending the appropriate
zoning atlas map or maps by changing the zoning classification of the herein described real
property from a Rural Agricultural (A) Zoning District within the Rural Fringe Mixed Use District-
Neutral Lands Overlay and Receiving Lands Overlay,to a Residential Planned Unit Development
(RPUD)Zoning District within the Rural Fringe Mixed Use District- Receiving Lands Overlay,to
be known as the Golf Club of the Everglades RPUD to allow up to 750 residential dwelling units,
a golf course and related recreational uses and 172 acres of native vegetation preserve.The
subject property is located on Vanderbilt Beach Road Extension,just east of Collier Boulevard,
in Section 31,Township 48 South, Range 27 East and Section 36,Township 48 South, Range 26
East, Collier County, Florida consisting of 835.684±acres; providing for repeal of Resolution
Nos. 99-61, 00-189, 07-117 and Ordinance No. 10-08;and by providing an effective date [PUDZ-
PL201300001374] (COMPANION TO PL20130000365/CP2013-4).
Meeting Date: 6/10/2014
Prepared By
Name: DeselemKay
Title: Planner,Principal,Zoning&Land Development Review
5/15/2014 12:00:35 PM
Approved By
Name: PuigJudy
Title: Operations Analyst,Community Development&Environmental Services
Date: 5/19/2014 2:32:21 PM
Name: BosiMichael
Title: Director-Planning and Zoning, Comprehensive Planning
Date: 5/19/2014 3:14:02 PM
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6/10/2014 17.D.
Name: BellowsRay
Title:Manager-Planning,Comprehensive Planning
Date: 5/22/2014 2:25:26 PM
Name: AshtonHeidi
Title:Managing Assistant County Attorney, CAO Land Use/Transportation
Date: 5/27/2014 10:16:26 AM
Name:MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 5/28/2014 7:46:21 AM
Name: IsacksonMark
Title:Director-Corp Financial and Mngmt Svs,Office of Management&Budget
Date: 5/28/2014 9:18:32 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/28/2014 3:15:30 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 5/29/2014 3:21:44 PM
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6/10/2014 17.D.
AGENDA ITEM 9-E
C...olker County
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING SERVICES—PLANNING&ZONING DEPARTMENT
GROWTH MANAGEMENT DIVISION--PLANNING®ULATION
HEARING DATE: MAY 1, 2014
SUBJECT: PUDZ-PL201300001374; GOLF CLUB OF THE EVERGLADES
(COMPANION TO PL20130000365/CP2013-4)
PROPERTY OWNER&APPLICANT/AGENT:
Applicant/Contract Purchaser: Agents:
Pulte Home Corporation Richard D. Yovanovich, Esq. Anita Jenkins, AICP
24311 Walden Center Dr, Ste 300 Coleman,Yovanovich, &Koester,P.A 23150 Fashion Dr, Ste 242
Bonita Springs, FL 34134 Northern Trust Bank Bldg. Estero,FL 33928
4001 Tamiami Trail North, Suite 300
Naples,FL 34103
Owners:
Olde Florida Golf Club,Inc. Golf Club of the Everglades
9393 Vanderbilt Beach Road 8835 Vanderbilt Beach Road .
Naples,FL 34120 Naples,FL 34120
REQUESTED ACTION:
The petitioner is asking the Collier County Planning Commission (CCPC) to consider an
application for a rezone from a Rural Agricultural (A) Zoning District within the Rural Fringe
Mixed Use District – Receiving Lands Overlay, to a Residential Planned Unit Development
(RPUD) Zoning District within the Rural Fringe Mixed Use District–Receiving Lands Overlay,
to be known as the Golf Club of the Everglades RPUD to allow up to 750 residential dwelling
units,a golf course and related recreational uses and 141 acres of native vegetation preserve. For
details about the project proposal,refer to"Purpose/Description of Project."
PUDZ-PL20130001374;Golf Club Of The Everglades Page 1 of 20
May 1,2014 CCPC
Revised: 4/18/14
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6/10/2014 17.D.
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Golf Club of the Everglades PUD PUDZ-PL20130C Packet Page-2259-l Page 6 of 15
6/10/2014 17.D.
GEOGRAPHIC LOCATION:
The subject property, consisting of 835.7± acres, is located on Vanderbilt Beach Road Extension,
just east of Collier Boulevard, in Section 31, Township 48 South, Range 27 East and Section 36,
Township 48 South, Range 26 East, Collier County, Florida (See location map on the following
page)
PURPOSE/DESCRIPTION OF PROJECT:
The petitioner is requesting a rezone to allow development of a maximum of 750 dwelling units;
164± acres of golf; 172± acres of preserve area and 108± acres of lakes, easements and rights-of-
way.
The Master Plan shows one access point onto Douglas Street, a private street,and one access point
onto Vanderbilt Beach Road. Numerous lakes and preserve areas are shown on the western
portion of the parcel, with two preserve areas also shown in the northwestern quadrant of the site.
746 home site area planned for the western and central portions of the site while the eastern
portion of the site will have preserve, golf course lakes, and four dwelling units. Existing golf
clubhouse, cart barn and maintenance facilities are also shown on both the eastern and the western
portion of the site.
This petition has a companion petition seeking approval of a Growth Management Plan
Amendment (GMPA) #COMPANION TO PL20130000365/CP2013-4, to change the designation
of The Olde Florida Golf Club property from Rural Fringe Mixed Use District(RFMUD)Neutral
Lands to Rural Fringe Mixed Use District (RFMUD) Receiving Lands. That amendment will
need to be heard before or with this petition in order for staff to make an appropriate
recommendation on the PUD rezone petition.
History: The western portion of the site is developed as the Everglades golf Club, under the
allowances of a Conditional Use in the Agricultural zoning district for a golf course granted in
Resolution #99-61. The eastern 554± acres of the project are developed as the Old Florida Golf
Club. That site was rezoned from Golf Course (GC) to Agricultural in Petition #RA-2008-AR-
13951, in Ordinance#10-08.
SURROUNDING LAND USE AND ZONING:
North: A mixture of five, ten and twenty-acre tracts, most of which are either used for
agriculture (several tracts have single-family home also) or are undeveloped, all of
which have a zoning designation of Agricultural with a mobile home overlay (A-
MHO)
East: 469 acres land proposed to be developed as Twin Eagles, Phase III with 853
dwelling units
South: scattered single-family homes,zoned Estates (E)
PUDZ-PL20130001374;Golf Club Of The Everglades Page 2 of 20
May 1,2014 CCPC
Revised: 4/18/14
Packet Page-2260-
6/10/2014 17.D.
West: Home sites along Douglas Street and various agricultural operations with a zoning
designation of Rural Agricultural, and Calusa Pine Golf Course, with a zoning
designation of Rural Agricultural and a Conditional Use for a golf course
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GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): Subject Site: The Olde Florida Golf Club portion of the
subject site is zoned A-RFMUO, Neutral Lands (Rural Agricultural District, Rural Fringe Mixed
Use-Neutral Lands Overlay) and designated Agricultural/Rural, Rural Fringe Mixed Use District,
Neutral Lands on the Future Land Use Map. As noted above there is an amendment pending to
change the designation of The Olde Florida Golf Club property from Rural Fringe Mixed Use
District(RFMUD)Neutral Lands to Rural Fringe Mixed Use District(RFMUD) Receiving Lands.
The subject site is partially developed with a golf course and is elsewhere wooded lands. The Golf
Club of the Everglades portion of the site is zoned A-RFMUO, Receiving Lands (Rural
Agricultural District, Rural Fringe Mixed Use- Receiving Lands Overlay) and designated
Agricultural/Rural, Rural Fringe Mixed Use District, Receiving Lands on the Future Land Use
Map. The subject site is also partially developed with a golf course and is elsewhere wooded
lands. TDR credits will be obtained from Rural Fringe Mixed Use District Sending Lands to
achieve the desired residential density.
The RFMUD Receiving Lands designation includes the following requirements (each followed by
staff analysis/comment in [bold text]).
1. Maximum Density: 1 DU/5A or 1 DU/A with use of TDR Credits. [This project will use
TDR Credits and the proposed maximum density is 0.90 DU/a(750 DUs/836 acres).]
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2. Clustering — where TDRs are used: a) Must use central water and sewer; [The project is
served by County water and sewer.] b) Maximum lot size is 1 acre; [Maximum lot size is
one acre in Exhibit B, Development Standards.] c) The clustered development shall be
located on the site so as to provide to the greatest degree practicable: protection for listed
species habitat; preservation of the highest quality native vegetation; connectivity to adjacent
natural reservations or preservation areas on adjacent developments; and, creation,
maintenance or enhancement of wildlife corridors. [Comprehensive Planning staff defers to
Environmental Review staff to determine consistency with this requirement.]
3. Minimum Project Size—where TDRs are used: 40 acres. [This project is+836 acres.]
4. Emergency Preparedness:
a) In order to reduce the likelihood of threat to life and property from a tropical storm
or hurricane event, community facilities, schools, or other public buildings shall be
designed to serve as storm shelters if located outside of areas that are likely to be inundated
during storm events, as indicated on the Sea, Lake, and Overland Surge from Hurricane
Map for Collier County. Impacts on evacuation routes, if any, must be considered as well.
Applicants for new residential or mixed use developments proposed for Receiving Lands
shall work with the Collier County Emergency Management staff to develop an
Emergency Preparedness Plan to include provisions for storm shelter space, a plan for
emergency evacuation, and other provisions that may be deemed appropriate and necessary
to mitigate against a potential disaster.[emphasis added]
b) Applicants for new developments proposed for Receiving Lands shall work with
the Florida Division of Forestry, Collier County Emergency Management staff, and the
Managers of any adjacent or nearby public lands, to develop a Wildfire Prevention and
Mitigation Plan that will reduce the likelihood of threat to life and property from wildfires.
•
This plan will address, at a minimum: project structural design; the use of materials and
location of structures so as to reduce wildfire threat; firebreaks and buffers; water features;
and,the impacts of prescribed burning on adjacent or nearby lands. [emphasis added]
[Measures developed with Collier County Emergency Management and Florida
Forest Service assistance are included as Owner Commitments in Exhibit E Fire
mitigation accesses are illustrated on Exhibit C, PUD Master Concept Plan. They
lack, however, the specificity necessary to properly implement the Golf Club of the
Everglades PUD Wildfire Mitigation and Prevention Plan. However, the PUD
document does contain language to require compliance for SDPs and plats.]
5. Allowable Uses: b) single family dwellings; [Included in the PUD.] c) multi-family
dwellings — must include appropriate development standards (e.g. building heights, setbacks,
buffers, design standards)to ensure that the transitional semi-rural character of the RFMUD is
preserved; [Exhibit B,Table 1, identifies these development standards.]) essential services;
[Included in the PUD.] k) golf courses: (1)residential density must be minimum of 1 DU/5A,
and 1 TDR Credit is require for each 1 acre of golf course; (2)-(7) pertain to golf course
design, construction, and management; storage of associated materials; fertilizer and pesticide
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usage; and, preservation requirements; [Golf course use is included in the PUD. Residential
density is 0.90 DU/A. The project includes two existing golf courses, both of which were
constructed prior to the establishment of the RFMUD; therefore, these "grandfathered"
golf courses, as they presently exist, are not subject to the specific requirements for golf
courses. However, any further golf course development/redevelopment would be subject
to these requirements, except as may be exempt from RFMUD standards (reference
"Exemptions from the Rural Fringe Mixed Use District Development Standards").] v)
parks, open space and recreation uses; [Included in the PUD.]
6. Open Space and Native Vegetation Requirements: a) Minimum of 70%usable open space;
[Based upon total project size of±836 acres, 585.2 acres of usable open space is required.
Page 1 of Exhibit C indicates the development provides ±660 acres of open space.] b) per
Conservation and Coastal Management Element, Policy 6.1.2 (40% of the existing native
vegetation). [Comprehensive Planning staff defers to Environmental Review staff to
determine consistency with this requirement.]
In order to promote smart growth policies, and adhere to the existing development character of
Collier County, the following FLUE policies shall be implemented for new development and
redevelopment projects, where applicable. Each policy is followed by staff analysis in [bold text].
Objective 7: In an effort to support the Dover, Kohl & Partners publication, Toward Better
Places: The Community Character Plan for Collier County, Florida, promote smart growth
policies, and adhere to the existing development character of Collier County, the following
policies shall be implemented for new development and redevelopment projects,where applicable.
Policy 7.1: The County shall encourage developers and property owners to connect their
properties to fronting collector and arterial roads, except where no such connection can be made
without violating intersection spacing requirements of the Land Development Code. [The PUD
does not front any arterial or collector roads. The PUD master plan depicts direct access to
Vanderbilt Beach Road Extension, which is a local road at present. Vanderbilt Beach Road
west of Collier Blvd.is an arterial road.]
Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce
vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals.
[The PUD master plan includes a loop road connecting Vanderbilt Beach Road Extension
and Douglas Street,and shows internal access to all development areas.]
Policy 73: 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. [Application materials contend, "the nature of the applicant's proposed
development plan, a private golf course community, does not lend itself to the type of
interconnection normally encouraged in the more urban setting."
To the south are the existing Vanderbilt Beach Road (VBR) Extension, and future VBR
extension and existing canal. To the east is a wildlife corridor (established via a private
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agreement) within the pending Twin Eagles Phase 3 subdivision. A portion of the western
border abuts Douglas Street. The remainder of the western border, and the entire northern
border, abuts lands zoned A, Rural Agricultural, and within the RFMUD Receiving Lands.
It appears that interconnections are possible to the west and north.
Application materials go on to say, "the minimal traffic volumes generated by the low
density nature of the development in this area do not warrant,nor significantly benefit from,
what would be marginally effective interconnections."
The lack of vehicular interconnections with abutting properties introduces and fosters a
development style not encouraged by the County, and establishes closed boundaries where
future development will be unable to interconnect. While staff acknowledges this is a low
density development, it is not a small one; the petition proposes 750 units.]
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.
[As with the vehicular interconnection discussion above, application materials contend, "the
nature of the applicant's proposed development plan, a private golf course community, does
not lend itself to the type of non-vehicular interconnection normally encouraged in the more
urban setting."
This is not a matter of "urban" design characteristics. The opportunities to provide
pedestrian and bicycle interconnections between on-site and adjacent recreation areas,
preserves and usable open space would benefit all residents. Even more important is the
opportunity to provide students non vehicular means to get to and from [the future] school
to the east.
Exhibit C, PUD Master Concept Plan, does not depict interconnections with any abutting
properties. The lack of pedestrian and bicycle interconnection with abutting properties
introduces and fosters a development style not encouraged by the County, and establishes
closed boundaries where future development will be unable to interconnect.]
[A variety of dwelling unit types is allowed, and recreation and open space uses are
allowed/provided, including clubhouse. Clubhouses are typically used for social events and
may be used for civic purposes, e.g. polling place for a voting precinct. The PUD provides
for sidewalks on one side of all roads.]
Growth Management Division—Planning and Regulation has established policy for when certain
documentation of TDR credits utilized by SDP and Subdivision projects is required, and
subsequently when those TDR credits are required to be redeemed. Below is an overview of the
policy:
For PUD rezones, the TDR requirement will be written into the document, restating that any
Subdivision plat or SDP will be required to utilize and redeem TDRs before final approval can be
granted,as drafted below:
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For SDPs: At time of application, documentation that the developer has acquired all TDR
credits needed for that portion of the development that is the subject of the site development
plan will be required with application submission. Provide the Completed TDR Transfer and
Redemption Applications for the necessary number of TDRs required are submitted and TDR
credits are redeemed. If part of a larger development being developed in phases, an allocation
sheet is necessary to track the chronological assignment of base density and TDR Credits with
respect to each individual plat, plan or project. Provide the necessary individual TDR
certificate tracking numbers as an exhibit to the application.
For Plats: At the time of application, documentation that the developer has acquired all TDR
credits needed for that portion of the development that is the subject of the final plat will be
required with application submission. Provide the Completed TDR Transfer and Redemption
Applications for the necessary number of TDRs required are submitted and TDR credits are
redeemed. If part of a larger development being developed in phases, an allocation sheet is
necessary to track the chronological assignment of base density and TDR Credits with respect
to each individual plat, plan or project. Provide the necessary individual TDR certificate
tracking numbers as an exhibit to the application.
Redemption into RFMUD Receiving Lands occurs per Land Development Code Section
2.03.07.D.4.e., f. and g.: Density beyond the base density of 1 DU/5 acres,up to the maximum
density of one (1) dwelling unit per acre, shall be derived from RFMUD sending lands via
TDR Credits and those Credits redeemed at time of Site Development Plan (SDP) or prior to
Plat recordation. All original and subsequent SDPs and Plats for this development need to
include a"TDR Calculation" sheet in order to track TDR usage on the project.
A template TDR tracking sheet is included in the rezone application package to illustrate the
applicant's awareness and that the above policy will be met.
EXHIBIT F, List of Owner Commitments:
• Amend 4) Emergency Management to provide the additional specificity necessary to properly
implement the Golf Club of the Everglades PUD Wildfire Mitigation and Prevention Plan, as
follows:
Evaluation of agent's proposed PUD modifications
• Agent's proposed language regarding demarcation of the 30 ft. Preserve Area setback on all
residential lots and residential and golf properties excludes plats—platted SF lots would not have
such demarcation for buffer since no SDP is required. ADD PLATS. Also,proposed language is
not specific to location. How would the reader know what "as applicable" refers to? Unless
another PUD section identifies where the buffer area is to be located/provided,then need to ADD
specific text (on all residential lots and residential and golf properties [in Tract "R/G"], single-
family dwelling units[in Tract"G"],and other affected areas).
• As to plant lists that:
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1. Identify in the PUD the non-highly flammable plant species to be used/planted within the 30 ft.
Preserve Area setback;and,
2. Identify in the PUD the southwest Florida cultivated landscaping plant species to be
used/planted around structures;
The applicant is to work through this with Florida Division of Forestry to derive such lists to
be added to the PUD document. It is recommended to not defer this to SDP or plat for staff to
review. What if there's disagreement between staff& agent on an SDP, an administrative
process?
Based upon the above analysis,the proposed PUD rezone may not be deemed consistent with
the Future Land Use Element of the Growth Management Plan.
However, the proposed PUD rezone may be deemed consistent with the Future Land Use
Element of the Growth Management Plan subject to the additional specificity necessary to
properly implement the Golf Club of the Everglades PUD Wildfire Mitigation and
Prevention Plan being made part of the PUD document.
Transportation Element: Collier County finds the project consistent with policy 5.1 of the
Transportation Element of the GMP. All traffic impacts that result from the density have been
addressed as required. •
Conservation and Coastal Management Element (CCME): Environmental review staff found
this project to be consistent with the Conservation & Coastal Management Element (CCME).
Please note that a companion GMP Amendment is being processed to change the Future Land Use
Map designation of Olde Florida Golf Club PUD from RFMUD Neutral Lands to RFMUD
Receiving Lands. The applicant indicated with that application that adoption of the amendments
would allow the petitioner to utilize TDRs from RFMUD Sending Lands and add residential
density in the Olde Florida Golf Club PUD.
GMP Conclusion: The GMP is the prevailing document to support land use decisions such as
this proposed rezoning. Staff is required to make a recommendation regarding a finding of
consistency or inconsistency with the overall GMP as part of the recommendation for approval,
approval with conditions, or denial of any rezoning petition. 'A finding of consistency with the
FLUE and FLUM designations is a portion of the overall finding that is required, and staff
believes the petition is consistent with the FLUM and the FLUE contingent upon Board approval
of the companion Growth Management Plan amendment, Petition #COMPANION TO
PL20130000365/CP2013-4, to change the designation of The Olde Florida Golf Club property
from Rural Fringe Mixed Use District (RFMUD) Neutral Lands to Rural Fringe Mixed Use
District (RFMUD) Receiving Lands. The proposed rezone is consistent with the GMP
Transportation Element as previously discussed. Environmental staff also recommends that the
petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition
be found consistent with the goals, objective and policies of the overall GMP if the Board
approves the companion Growth Management Plan amendment and if the plant types are
identified.
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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
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 PUD submittal, including
the PUD document to address environmental concerns. The PUD Master Plan provides 172 acres
of Preserve;the minimum Preserve requirement is 171.3 acres.
The listed species survey identified gopher tortoise (Gopherus polyphemus), Big Cypress fox
squirrel (Sciurus niger avicennia),American alligator(Alligator mississippensis) and several listed
species of wading bird on subject property. Twenty-five (25) potentially occupied burrows exist
in the central undeveloped area of the property, in the future development area. The listed wading
birds and American alligator were observed in the golf course storm water management lakes.
Listed species of wading bird were also located in the scraped down (created) wetlands on the
south-west portion of the site.
Undeveloped land within the Olde Florida Golf Club and in Sections 31 & 32, are within the
USFWS Panther Secondary Zone. Numerous Panther scrapes and tracks were observed
throughout the site. Staff observed one panther track within the central wetland during a site visit
on December 6,2013. .
The wetland jurisdictional determination provided indicates the wetlands on site have been drained
by the major canals in the area and these areas are converting to uplands. According to the
Wetland map (Exhibit 5 of EIS), 69.71 acres of jurisdictional wetlands occurs on the property.
The wetland impact acreage had not been finalized at the time this report was written;the wetland
acreage and impacts are currently being finalized with the South Florida Water Management
District.
This project does require Environmental Advisory Council (EAC) review, as this project meets
the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier
County Codes of Laws and Ordinances. Specifically, a deviation is being requested. Please see
the deviation request and justification attached. Staff has no opposition to the deviation.
According to the environmental consultant, "technical assistance was provided through meeting
discussions with both FWC and USFWS"(email 3-26-2014 from Shane Johnson of Passarella and
Associates). The applicant advised they met with the FWCC on January 7, 2014. In order to
minimize impacts to the Florida black bear and Florida panther, the FWCC recommended no
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interconnection to the preserve proposed in the center of the PUD. During the technical assistance
meeting it was also recommended to use fencing along the northern and eastern property
boundaries of R/G tract to discourage Florida black bear, Florida panther, and panther prey (i.e.,
deer and wild hog) from entering the residential portion of project site. The applicant intends to
install fencing along the northern and eastern boundaries of R/G tract as recommended. Please
refer to the Environmental Impact Statement for further details regarding the environmental
review.
Transportation Review: The existing Vanderbilt Beach Road conditions will require restoration to
minimum County standards in the future. The requirement for shoulder improvements, sidewalk
improvements, etc. as stated during the PUD review are necessary in order to accommodate the
additional vehicular and pedestrian trips that this development will create. Since these
deficiencies are not directly tied to the zoning action at-hand, they will be addressed at the time of
Plat or SDP,when the actual impacts occur on the subject roadway.
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. Development to the north is sparse. To the east is the 469 acres land
proposed to be developed as Twin Eagles, Phase III with 853 dwelling units. To the south is
Vanderbilt Beach Road and Estates developed properties. East of the site is Douglas Street for a
distance of 2,025± feet north of Vanderbilt Beach Road, then scattered development on 10 and 20
acre tracts. Douglas Road and Vanderbilt Beach Drive will separate this project's units from the
more rural areas to the west and the Estates areas to the south.
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TABLE I
DEVELOPMENT STANDARDS FOR"RIG and"G"
SINGLE SINGLE i DUPLEX i
FAMILY TOWN MULTI- CLUB-
FAMILY ZERO &TWO
DETACHED LOT LINE FAMILY HOUSE FAMILYS HOUSE
Minimum Lot Area 2,300 SF 3.500 SF i 3.500 SF ` 2.000 SF 10000 SF 10.000
I SF
Minimum Lot Width` 35 Ft 35 Ft i 35 Ft j 20 Ft 100 Ft 70 Ft
Maximum SF Lot Size 1 acre 1 acre 1 acre ' 1 acre NIA NIA
Minimum
Site Depth 65 Ft 65 Ft 100 Ft 40 Ft 120 Ft 65 Ft
Front
Yard Pnncipa ' 1 20 Ft 15 Ft 15 Ft 23 Ft 15 Ft 15 Ft
Setback &Accessory '
Rear Principal` i 20 Ft 10 Ft 10 Ft 10 Ft 20 Ft 20 Ft
Yard Accessory,
Setback- = 10 10 Ft 5 Ft 5 Ft t 5 F 5 Ft 5 Ft
--.__- 0'one side'
10' other side
Side Yard Setback OR 0 Ft Half the Half the
Principal " &Accessory 6 Ft 3` 1"one side 6 Ft OR building building
s "'" 6'11"other side 6 Ft height height
OR
5'on both sides
Preserve
Principal f 25 Ft 25 Ft 25 Ft 25 Ft 25 Ft 25 Ft
Setback Accessory 10 Ft 10 Ft 10 Ft 10 Ft 10 Ft 10 Ft
Maximum Height 30:35 Ft 30135 Ft i 30'35 Ft 3035 Ft 55160 Ft 45/50 Ft
(Zoned/Actual)
Half the Half the
. Distance Between - sum of the sum of
Principal Structures 12 Ft ;+ 10 Ft 12 Ft 1.,t t building the
I
heights building
eights
Heights
Minimum Floor Area 900 SF j 900 SF 1 900 SF ! 750 SF 750 SF 1.000 SF
Deviation Discussion:
The petitioner is seeking approval of four deviations from the requirements of the LDC. The
deviations are listed in PUD Exhibit F. Deviations are a normal derivative of the PUD zoning
process following the purpose and intent of the PUD zoning district as set forth in LDC Section
2.03.06 which says in part:
It is further the purpose and intent of these PUD regulations to encourage
ingenuity, innovation and imagination in the planning, design, and development or
redevelopment of relatively large tracts of land under unified ownership or control.
PUDs. . . . may depart from the strict application of setback height, and minimum
lot requirements of conventional zoning districts while maintaining minimum
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standards by which flexibility may be accomplished, and while protecting the
public interest. . . .
Deviation 1 seeks relief from LDC section 6.06.02a.2., "sidewalks and bike lane pathway
requirements," which requires sidewalks on both sides of a right-of-way or easement internal to a
site, to allow for a sidewalk to be constructed along one side of the right-of-way in accordance
with the internal right-of-way cross-section A-A shown on the Master Concept Plan,Exhibit C.
Petitioner's Rationale: The applicant states in his justification for this deviation the following:
Buyers within the developer's multiple communities throughout Southwest Florida
have shown the majority prefer the option of no sidewalk in front of their home.
Staff Analysis and Recommendation: Transportation staff has offered the following review
comments for this deviation:
Although [Transportation] Staff can recommend that this PUDZ be found consistent
with the Transportation Element,there is an objection to Deviation Number 1,which
cannot be found to be consistent with section 6.06.02 of the County's Land
Development Code. No justification has been provided in the final developer
response. Likewise, a sidewalk design on only one side is provided for in the current
LDC code, section 6.06.02.A.4.b (10' pathway on one side is an allowable
alternative).
Zoning and Land Development Review staff recommends DENIAL of this deviation, fording that.,
in compliance with LDC Section 10.02.13.A.3, the petitioner has not 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 not 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 6.06.01.n, "street system requirements," and appendix
b, "typical street sections,"which establish a 60-foot width for local roads,to allow a 50-foot wide
road in accordance with the internal right-of-way cross-section A-A shown on the Master Concept
Plan,Exhibit C.
Petitioner's Rationale: The applicant states in his justification for this deviation the following:
the developer has successfully built and maintained local streets within a smaller
footprint of 50 feet rather than 60 feet. This furthers the goal of minimizing
development impacts.
Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is
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
n
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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 5.06.02.B.6 "On-premises signs within residential
districts" which allows two ground signs with a maximum height of 8 feet or wall, residential
entrance or gate signs to be located at each entrance to a multi-family or single-family
development,to allow for up to two additional ground signs at the property boundary corner at the
intersection of Vanderbilt Beach Road and Douglas Street, and up to two additional signs at the
Vanderbilt Beach Road entry.
Petitioner's Rationale: The applicant states in his justification for this deviation the following:
there are existing entry ways that serve both the Golf Club of the Everglades and the
Olde Florida Golf Club members; these entry ways need signage for both. Signing the
project boundary corner will assist in community identification and wayfinding for
motorists.
Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is
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 4 seeks relief from LDC 3.05.07.A.5 which requires preservation areas to be
interconnected within the site and to adjoining off-site preservation areas or wildlife corridors.
The developer is requesting the interconnection not be required to the preserve in the center of the
PUD shown as surrounded by the R/G tract...
Petitioner's Rationale: The applicant states in his justification for this deviation the following:
Undeveloped areas within central and eastern portions of the project are mostly
forested with native vegetation and connected to existing preserves and undeveloped
areas on and off site. They are also part of a larger wildlife corridor documented with
use by the Florida panther. The applicant met with the FFWCC (Florida Fish and
Wildlife Conservation Commission) on January 7, 2014 to discuss the project. In
order to avoid conflicts between Florida panther and Florida black bear with future
residences of the project, the FFWCC recommends that an interconnection to the
large wetland preserve in the central portion of the project not be provided The
FFWCC also recommends installation of fencing along the northern and eastern
boundaries of the residential tracts to discourage use by black bear, panther and
panther prey (Le., deer and wild hog).
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Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is
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."
FINDINGS OF FACT:
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." Additionally, Section 10.02.13 of the Collier County LDC requires
the Planning Commission to make findings as to the PUD Master Plans' compliance with the
additional criteria as also noted below. [Staffs responses to these criteria are provided in bold,
non-italicized font]:
PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the
CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria"
(Staff's responses to these criteria are provided in bold font):
1. The suitability of the area for the type and pattern of development proposed in relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water,
and other utilities.
Staff is of the opinion that the proposed uses are compatible with the approved uses and
existing development in the area. In addition, the proposed property development
regulations provide adequate assurances that the proposed project will be suitable to the
type and pattern of development 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 obtain 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).
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County staff has reviewed this petition and has offered an analysis of the relevant goals,
objectives and policies of the GMP within the GMP discussion of this staff report. Based on
that analysis, staff is of the opinion that this petition can be found consistent with the overall
GMP if the Growth Management Plan Amendment (GM-PA) #companion to
PL20130000365/CP2013-4, to change the designation of The Olde Florida Golf Club
property from Rural Fringe Mixed Use District (RFMUD) Neutral Lands to Rural Fringe
Mixed Use District (RFMUD) Receiving Lands is approved. A copy of the Comprehensive
Planning Staff's complete GMP analysis has been attached.
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.
As described in the Analysis Section of this staff report, staff is of the opinion that the
proposed uses, development standards and developer commitments will help ensure that this
project is compatible with the surrounding area. However staff does not support all of the
requested deviations.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
The amount of open space set aside for this project meets the minimum requirement of the
LDC.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
The roadway infrastructure has adequate capacity to serve the proposed project as noted in
the GMP FLUE and Transportation Element consistency review, if the mitigation proposed
by the petitioner is included in any approval recommendation. In addition, the project's
development must comply with all other applicable concurrency management regulations
when development approvals are sought.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
The area has adequate supporting infrastructure such as wastewater disposal systems 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 four 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
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proposed for this PUD depart from development standards that would be required for the
most similar conventional zoning district. Staff believes the deviations can be supported,
finding that,in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated
that "the elements 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." Please refer to the Deviation Discussion portion of
the staff report for a more extensive examination 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.
Staff is recommending that this project be found consistent with GMP FLUE Policy 5.4
requiring the project to be compatible with neighborhood development and with all other .
applicable policies of the GMP if the companion GMPA is adopted.
2. The existing land use pattern;
Staff has described the existing land use pattern in the"Surrounding Land Use and Zoning"
portion of this report and discussed it at length in the zoning review analysis. Staff believes
the proposed rezoning is appropriate given the existing land use pattern, and development
restrictions included in the PUD Ordinance,but staff does not support all of the deviations.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts;
The proposed PUD rezone would not create an isolated zoning district.
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 proposed district boundaries are logically drawn since the
zoning boundary mirrors the existing property boundary for the contract purchaser.
5. Whether changed or changing conditions make the passage of the proposed rezoning
necessary.
The proposed change is not necessary,per se; but it is being requested in compliance with
the LDC provisions to seek such changes, and the proposed rezoning is being requested in
concert with a request to amend the GMP.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
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Staff is of the opinion that the proposed change, subject to the proposed list of uses and
property development regulations and the proposed Development Commitments detailed in
Exhibit F, is consistent with the County's land use policies that are reflected by the Future
Land Use Element (FLUE) of the GMP. Therefore, the proposed change 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 at this time
subject to the Transportation Commitments contained in Exhibit F of the RPUD ordinance.
8. Whether the proposed change will create a drainage problem;
The proposed change should not create drainage or surface water problems because the
LDC specifically addresses prerequisite development standards that are designed to reduce
the risk of flooding on nearby properties. Additionally, the LDC and GMP have other
specific regulations in place that will ensure review for drainage on new developments.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
If this petition were approved, any subsequent development would need to comply with the
applicable LDC standards for development or as outlined in the PUD document. This
project's property development regulations provide adequate setbacks and distances
between structures; therefore the project should not significantly reduce light and air to
adjacent areas.
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 value. There is no guarantee that the project will be marketed in a manner
comparable to the surrounding developments.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations;
Properties to the north of this property are zoned PUD but remain undeveloped with the
uses that would be allowed by that zoning. Rezoning this property to a PUD district seems
appropriate and allows for the interconnection shown on the PUD Master Plan. Therefore,
the proposed zoning change should not be a deterrent to the improvement of adjacent
properties.
12. Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasting with the public welfare;
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The proposed development complies with the Growth Management Plan, if the proposed
amendment is adopted, which is a public policy statement supporting Zoning actions when
they are consistent with said Comprehensive Plan. In light of this fact, the proposed change
does not constitute a grant of special privilege. Consistency with the FLUE is further
determined to be a public welfare relationship because actions consistent with plans are in
the public interest.
13. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning;
The property already has been and could still be developed within the parameters of the
existing agricultural zoning; however, the proposed zoning more correctly reflects the intent
of development allowed in the GMP,if the amendment is adopted. In any case, however, the
petitioner is seeking this rezone in compliance with LDC provisions for such action to seek
the highest and best use of the land. The petition can be evaluated and action taken as
deemed appropriate through the public hearing process. Staff believes the proposed rezone
meets the intent of the PUD district and further, believes the public interest will be
maintained.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
County;
As noted previously, the proposed rezone boundary follows the existing property ownership
boundary. 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.
There may be other sites in the County that could accommodate the uses proposed; however,
this is not the determining factor when evaluating the appropriateness of a particular zoning
petition. 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 rezone is consistent with the GMP 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.
Any development anticipated by the PUD document would require considerable site
alteration and 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.
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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.
The project will have to meet all applicable criteria set forth in LDC Section 6.02.00
regarding Adequate Public Facilities and the project will need to be consistent with all
applicable goals and objectives of the GMP regarding adequate public facilities, except as it
may be exempt by federal regulations. 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 (MM):
The agents conducted a duly noticed NIM on February 10,2014. Please see attached copy of notes.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office reviewed the staff report for this petition on April 14, 2014.
RECOMMENDATION:
Zoning and Land Development Review Services staff recommends that the Collier County
Planning Commission approve this petition subject adoption of the proposed GMP Amendment
and the following stipulations:
1. Identify in the PUD the non-highly flammable plant species to be used/planted within the 30 ft.
Preserve Area setback;and,
2. Identify in the PUD the southwest Florida cultivated landscaping plant species to be
used/planted around structures.
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PREPARED BY: n
.t
16(/57/41
KA SELEM, AICP, PRINCIPAL PLANNER DATE
DEPA TMENT OF PLANNING AND ZONING
REVIEWED BY:
f
KT //3e - /6-.
RAYM,4iD V. BELLOWS,ZONING MANAGER DATE
DEPARTMENT OF PLANNING AND ZONING
�,. .�� Yf,„ IS - i t
MIKE BOSI,AICP,DIRECTOR DATE
DEPARTMENT OF PLANNING AND ZONING
n
APPROVED BY:
40111p /
1
tr! - AN+IDA, ' II MINISTR.ATOR DA 'E
GROWTH MANAGEMENT DIVISION
Attachment: NIM transcript
This petition will not be scheduled for the BCC until the GMPA Adoption Hearing
n
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AS _ _.,
February 11, 2014
Kay Deselem, AICP, Principal Planner
Zoning Services—Planning &Zoning Department
Growth Management Division—Planning & Regulation
2800 N. Horseshoe Drive
Naples, FL 34104
Re: Golf Club of the Everglades PUDZ-PL20130001374 Neighborhood Information Meeting
Summary
Dear Ms. Deselem:
The purpose of this letter is to provide a summary of the Golf Club of the Everglades
Neighborhood Information Meeting as required by the Land Development Code. The meeting
was held February 10, 2014, at 5:30 p.m. at the Golden Gate District Fire Station. The
applicant's affidavit and copies of the meeting notice and advertisement are attached.
In addition to our attendance, others included the applicant, the consultant team,. nearby
residents and a representative of the Naples Daily News. The attached meeting sign-in sheet
provides a complete list of attendees.
Rich Yovanovich, agent for the applicant, gave an overview of the Golf Club of the Everglades
PUD application requests. The overview included the project information on the attached NIM
handout
Several questions were posed by the audience. The questions, and responses provided by Mr.
Yovanovich and the consultant team are summarized as follows.
Q. How many units will be located on the Olde Florida Golf Course?
A. A maximum of 4.
23150(aShion Drive, L e., 242, LSit v, FL 3392.8.
C 239.826.9322 F 2 537
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Golf Club of the Everglades PUDZ-PL20130001374 Neighborhood Information Meeting Summary
February 11, 2014
Page 2
Q. What is the mix of single family and multifamily, and traffic?
A. The specific mix had not yet been determined. The TIS was based on the maximum trips
using all SF units. SF generates more trips than MF.
Q. What is the status of VBR expansion?
A. Construction is not scheduled for VBR. This project will not require the expansion of VBR.
Q Will there be any impact to Mockingbird Crossing?
A. No.
Q. When will construction begin?
A. Maybe 2016
Q. Is there enough water for this project, what about area sinkholes
A. All analysis has been done to address this. The project will have public water and sewer.
Q. How much area will be preserved?
A. Approximately 182 acres with 157 acres of golf and 87 acres of lake.
Q. Are lakes existing?
A. Yes, the lakes are existing. Some may be modified.
Q. Where is the archeological site?
A. In the preserve area of the Olde Florida Golf Club.
Q. What will be the residential values?
A. High and mid-range. Similar to the Quarry.
Q. Is it buddle golf?
A. No
Q. What are the impacts to wildlife?
A. We have had close coordination with state agencies and they are satisfied with the plan. We
have incorporated their suggestions to provide fencing between the R/G tract and the G tract to
guide wildlife away from residents.
Q. What is a type A buffer?
A. A buffer required by the LDC between similar uses. Type A requires planting a row of trees.
Q. Is there a fence in the buffer?
A. The wildlife fence would be included.
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Golf Club of the Everglades PUDZ-PL20130001374 Neighborhood Information Meeting Summary
February 11,2014
.-. Page 3
Q. How is stormwater impacted?
A. It will be similar to what it is today, with more lake, and the discharge to the south.
Q. Where is the outflow?
A. The south side of VBR to the canal.
Q. What kind of stormwater analysis?
A. 25 years for roads, 100 years for homes.
Q. Will you be adding water to the canal?
A. No, the discharge regulated through permitting to be the same as today. It will be more
controlled than today will the control structure.
Q. Who owns the land?
A. Golf Club of the Everglades, Inc. and Olde Florida Golf Club, Inc.
Q. Will residents be given golf course memberships?
•
A. A few memberships are available. Olde Florida Golf Club memberships are nearly full.
Q. Does the water management district have fertilizer and lake management rags?
A. Yes, these are part of the SFWMD permit.
Q.What's the conservation area and where is the fence?
A. The preserve area is shown on the Master Concept Plan [pointing to plan]. The wildlife
fence will be between the R/G and G tract and on the north side of the R/G tract.
The meeting concluded at 6:30 p.m. A recording of the meeting is included on the DVD
provided.
Sincerely,
"i
� ,
di.-"C_..._ jfffp
Anita Jenkins, AICP
Director of Planning
Cc: Applicant and consultant team
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•
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': CONSERVANCY
2.x of Southwest Florida.
.OUR WATER, LAND,WILDLIFE, FUTURE.
Protecting Southwest Florida's unique natural environment and quality of life ... now and forever.
April 25, 2014
Chairman Mark Strain
Collier County Planning Commission
2800 North Horseshoe Drive
Naples FL 34104
Sent via e-mail
RE: PUDZ-PL201300001374—Golf Club of the Everglades RPUD
Chairman Strain and Collier County Planning Commissioners:
•
The Conservancy of Southwest Florida has met with the applicant for the Golf Club of
the Everglades/Olde Florida Golf Club project and we have reviewed their RPUD
application. Our primary concern about development within this area of the County is
the potential impact of land use intensification and encroachment into habitat utilized by
wildlife and listed species, such as the Florida panther. While this project is located
outside of primary panther habitat, the site does contain secondary habitat. It is also
located adjacent to Conservation Collier parcels and other preserve areas that, in total,
create an important wildlife corridor extending both to the east and to the north.
Therefore, the Conservancy determined that in order to provide sufficient assurances -
that the new RPUD would continue to function as a viable segment of this habitat
corridor, three specific commitments needed to be memorialized within the RPUD itself.
These commitments are:
1. Any perimeter fencing for the Olde Florida Golf Club course shall be three feet or
less in height and split rail, or comparable construction, to allow for wildlife movement.
2. Pole mounted security lighting for golf course facilities and parking areas shall
have full shield cut-offs to contain the light to the surface only.
3. For the four single family residential units for the use of club members and their
guests, these units shall be located in close proximity to the existing clubhouse facilities,
and west of the eastemmost clubhouse building. Clubhouse buildings are shown on
Exhibit C.
We are pleased that the applicant was willing to make these commitments, and work
with the Conservancy on the above language, which is contained within the RPUD. The
Conservancy asks this language, as drafted and agreed to by the applicant and the
Conservancy, be retained as written. We thank the Planning Commission for your �.
r **** Conservancy of Southwest Florida has been awarded Charity Navigator's prestigious 4-Star top rating for good
CHARITY NAVIGATOR governance,sound fiscal management and commitment to accountability and transparency.Charity Navigator is America's
FairStartkartry largest and most respected independent evaluator of charities.
1495 Smith Preserve Way 1 Naples, F lorida 34'"" ` """ — .,....• I Fax 239.262.0872 I www.conservancy.org
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.-. consideration, and we appreciate the applicant's willingness to memorialize these items
and work with the Conservancy.
Perimeter Fencing Three-Feet or Less in Height
When the Conservancy initially met with the applicant, one of the benefits to wildlife that
they identified was the fact that the existing golf course would remain as golf and the
northeast corner would remain as part of the preserve. The combination of preserve
and existing golf course on lands adjacent to other off-site parcels functioning as a
wildlife corridor would result, especially at night, in the this area continuing to provide
viable habitat for wildlife and wide-ranging species.
However, such connectivity to an off-site wildlife corridor would only be viable if the Olde
Florida Golf Club eastern boundary was not fenced in a manner that would preclude
wildlife from accessing the property. Therefore, the Conservancy believed that it was
imperative that language be included in the RPUD limiting the height of fencing allowed
on the eastern and northeastern perimeter boundary. We concur with the applicant that
a three foot fence height limit will allow larger animals to access the property over the
fence, and a split-rail, or comparable type of construction, will allow smaller animals to
access the property from underneath the fence. Such a limitation is an important
inclusion in the RPUD (Exhibit F List of Owner Commitments, Section 1 Environmental,
Subsection d).
Shielded Lights for Golf Course Facilities and Parking Areas
Another essential element for retaining the viability of the golf course as part of a wildlife
corridor is to ensure that the area is dark during the night. While the golf course itself
will not be lit, certain types of security lights at the clubhouse facilities and parking lots
could result in unnecessary light pollution spilling over into the golf course. By requiring
the lighting at the club facilities and parking areas to be shielded, this will assure that
the light goes where it is needed —downward towards buildings and parking lots—and
not upward or outward into the sky and golf course. Such a limitation is an important
part of the RPUD document (Exhibit F List of Owner Commitments, Section 1
Environmental, Subsection e).
Location of the Four Single Family Units
For the golf course and the preserve to optimally function as part of a wildlife corridor, it
is important that light, vehicular traffic and noise be eliminated from this area. The
Conservancy was initially concerned about where these four units might be located
within the golf course. By limiting their potential location to the west of the eastemmost
clubhouse building, assurance is provided that these units will be appropriately sited in
proximity to the developed portion of the project(Exhibit A Permitted Uses, Section 3
Tract "G" Golf Permitted Uses, Subsection c.).
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The Conservancy appreciates the applicant's willingness to work with us on language
that addresses these issues and we ask that the language identified here remain as
drafted. If you have any questions, please contact me at (239)403-4220 or
nicolej @conservancy.org.
Sin erely,
1 1
Ni le ohnso
Director of Governmental.Relations
CC: Kay Deselem
Rich Yovanovich
•
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ORDINANCE NO. 14-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO
2004-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY
AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL
(A) ZONING DISTRICT WITHIN THE RURAL FRINGE MIXED USE
DISTRICT — RECEIVING LANDS AND NEUTRAL LANDS
OVERLAYS, TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT
(RPUD) ZONING DISTRICT WITHIN THE RURAL FRINGE MIXED
USE DISTRICT— RECEIVING LANDS OVERLAY, TO BE KNOWN AS
THE GOLF CLUB OF THE EVERGLADES RPUD TO ALLOW UP TO
750 RESIDENTIAL DWELLING UNITS, A GOLF COURSE AND
RELATED RECREATIONAL USES AND 172 ACRES OF NATIVE
VEGETATION PRESERVE. THE SUBJECT PROPERTY IS LOCATED
ON VANDERBILT BEACH ROAD EXTENSION, JUST EAST OF
COLLIER BOULEVARD, IN SECTION 31, TOWNSHIP 48 SOUTH,
RANGE 27 EAST AND SECTION 36, TOWNSHIP 48 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 835.684±
ACRES; PROVIDING FOR REPEAL OF RESOLUTION NOS. 99-61, 00-
189, 07-117 AND ORDINANCE NO. 10-08; AND BY PROVIDING AN
EFFECTIVE DATE. [PUDZ-PL20130001374]
WHEREAS, Anita Jenkins, AICP of J. R. Evans Engineering and Richard D.
Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. representing Pulte Home
Corporation, petitioned the Board of County Commissioners to change the zoning classification
of the herein described property.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Zoning Classification.
The zoning classification of the herein described real property located in Section 31,
Township 48 South, Range 27 East and Section 36, Township 48 South, Range 26 East, Collier
County, Florida is changed from a Rural Agricultural (A) Zoning District within the Rural Fringe
Mixed Use District — Receiving Lands and Neutral Lands Overlays, to a Residential Planned
Unit Development (RPUD) Zoning District within the Rural Fringe Mixed Use District —
Everglades&Olde Florida Golf Club
PUDZ-PL2013000 1374—rev.5/14/14 Page 1 of 2
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Receiving Lands Overlay, for an 835.684± acre parcel to be known as the Golf Club of the
Everglades Residential Planned Unit Development in accordance with Exhibits A through F,
attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps,
as described in Ordinance No. 2004-41, as amended, the Collier County Land Development
Code, is/are hereby amended accordingly.
SECTION TWO: Repeal of Ordinances and Resolutions.
Resolution Nos. 99-61, 00-189, 07-117 and Ordinance No. 10-08 are hereby repealed in
their entirety.
SECTION THREE: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida,this day of , 2014.
ATTEST: 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 1)NN
Managing Assistant County Attorney
Attachment: Exhibit A— List of Permitted Uses
Exhibit B—Development Standards
Exhibit C—Master Plan
Exhibit D- Legal Description
Exhibit E— List of Deviations
Exhibit F— List of Owner Commitments
CP113-CPS-01265\4$
Everglades&Olde Florida Golf Club
PUDZ-PL20130001374-rev.5/14/14 Page 2 of 2
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Exhibit A
Permitted Uses
Project Land Use Tracts
Tract Type Units Approximate Acreage
Tract"R/G" Residential and Golf 746 392 +l-
Tract"G" Golf 4 164 +/-
Tract"P" Preserve 0 172 +/-
Lakes, Easements and ROW 108 +/-
Total 750 units 835.6 acres
1) General Permitted Land Uses
Streets, alleys, water management facilities and structures, utilities and other
infrastructure improvements are generally permitted anywhere within this RPUD except
for in the P, Preserve Tract, where only cart paths and maintenance paths are permitted.
2) Tract"R/G", Permitted Uses
Up to 746 residential units consisting of single family units and mulit-family units, golf
courses and clubhouses, tennis clubs and other recreational clubs are permitted in Tract
"R/G" as described below.
Principal Uses
a) Single family detached dwellings
b) Zero lot line single family detached dwellings
c) Two-family and duplex dwellings
d) Townhouse
e) Multi-family dwellings
f) Golf courses and golf clubhouses, pro-shops, practice areas and ranges,
restrooms,shelters, snack bars,golf cart paths, maintenance equipment paths.
g) Tennis clubs, health spas, and other recreational clubs for the use of residents and
members.
h) Open space uses and structures such as, but not limited to, boardwalks, nature
trails,gazebos, picnic areas,fitness trails and shelters.
i) 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 or the Hearing
Examiner by the process defined in the Land Development Code.
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Accessory Uses
a) Accessory uses and structures customarily associated with principal uses
permitted in the land use tract including swimming pools, spas, and screen enclosures.
b) Project information and sales centers including model homes and offices for the
project administration, construction, sales and marketing.
c) Community and golf course maintenance areas, maintenance buildings, essential
services, irrigation water and effluent storage tanks and ponds, utilities pumping facilities
and pump buildings.
d) Restaurants, cocktail lounges, and similar uses intended to serve club members
and club guests.
e) Any other accessory use which is comparable in nature with the foregoing list of
permitted accessory uses,as determined by the Board of Zoning Appeals or the Hearing
Examiner by the process defined in the Land Development Code.
3) Tract"G", Golf Permitted Uses
Golf courses and clubhouses, and other recreational clubs, and up to 4 single family units
are permitted in Tract"G" as described below.
Principal Uses
a) Golf courses and golf clubhouses, pro-shops, practice areas and ranges,
restrooms, shelters, snack bars, golf cart paths, maintenance equipment paths
b) Tennis clubs, health spas, and other recreational clubs for the use of residents and
members.
c) 4 single family residential units for the use of club members and their guests. These
units shall be located west of the clubhouse building. Clubhouse buildings are shown on
Exhibit C.
d) Project information and sales centers
e) Open space uses and structures such as, but not limited to, boardwalks, nature
trails, gazebos, picnic areas,fitness trails and shelters.
f) 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 or the Hearing
Examiner by the process defined in the Land Development Code.
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Accessory Uses
a) Community and golf course maintenance areas, maintenance buildings, essential
services, irrigation water and effluent storage tanks and ponds, utilities pumping facilities
and pump buildings, horticultural debris storage areas..
b) Restaurants, cocktail lounges, and similar uses intended to serve club members
and club guests.
c) Accessory uses and structures customarily associated with principal uses
including swimming pools, spas, and screen enclosures.
d) Any other accessory use which is comparable in nature with the foregoing list of
permitted accessory uses, as determined by the Board of Zoning Appeals or the Hearing
Examiner by the process defined in the Land Development Code.
4) Tract"P", Preserve Permitted Uses
Principal Uses
a) Upland preserve
b) Wetland preserve
Accessory Uses and Structures
a) Water management structures.
b) Existing golf cart and maintenance paths
c) Boardwalks, nature trails, shelters without walls, viewing platforms, educational
signs, and information kiosks.
d) Any other accessory use which is comparable in nature with the foregoing list of
permitted accessory uses, as determined by the Board of Zoning Appeals or the
Hearing Examiner by the process defined in the Land Development Code.
5) Signs
a) Two ground or wall signs with a maximum height of 8 feet shall be permitted at each
project entry; two additional signs are permitted at the Vanderbilt Beach entry to serve
both the Golf Club of the Everglades and the Olde Florida Golf Club. Two ground or wall
signs are permitted at the project boundary corner at the intersection of Douglas Street
and Vanderbilt Beach Road. Each of these permitted signs shall only contain the name
of the projector any major use insignia or motto. (See Exhibit E, Deviation 3.
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Exhibit B
Development Standards
General
Development of the Golf Club of the Everglades RPUD shall be in accordance with the contents
of this Ordinance and applicable section of the Collier County Land Development Code (LDC)
and Growth Management Plan (GMP) in effect at the time of issuance of any development
order, such as, but not limited to, final subdivision plat, final site development plan, excavation
permit, and preliminary work authorization to which such regulations relate. Where these
regulations fail to provide development standards, the provision of the most similar district in the
LOC shall apply.
TABLE I
DEVELOPMENT STANDARDS FOR"R/G and "G"
I
SINGLE SINGLE DUPLEX
FAMILY FAMILY ZERO &�1�t0 TOWN MULTI-�o CLUB-
DETACHED LOT LINE FAMILY HOUSE FAMILY HOUSE
Minimum Lot Area 4'SF 3,500 SF 3,500 SF 2,000 SF 10,000 SF 10,000
SF
Minimum Lot Width` 35 Ft 35 Ft 35 Ft 20 Ft 100 Ft 70 Ft
Maximum SF Lot Size 1 acre 1 acre 1 acre 1 acre N/A N/A
PUD Boundary setback
Principal&Accessory 15 Ft 15 Ft 15 Ft 15 Ft 30 Ft 65 Ft
Front Principal 1,6
Yard & 20 Ft 15 Ft 15 Ft 20 Ft 15 Ft 15 Ft
Setback Accessory
Rear Principal 2 20 Ft 10 Ft 10 Ft 10 Ft 20 Ft 20 Ft
Yard
9'9' ory
Setback 9.9' Ft 5 Ft 5 Ft 5 Ft 5 Ft 5 Ft
0'one side'
10' other side
Side Yard Setback OR 0 Ft' Half the Half the
Principal &Accessory' 6 Ft 3' 1"one side 6 Ft 7 OR building building
9' 6' 11'other side 6 Ft height height
OR
5'on both sides
Preserve Principal 30 Ft 30 Ft 30 Ft 30 Ft 30 Ft 30 Ft
Setback Accessory 15 Ft 15 Ft 15 Ft 15 Ft 15 Ft 15 Ft
Maximum Heigh 30/35 Ft 30/35 Ft 30/35 Ft 30/35 Ft 55/60 Ft 45/50 Ft
(Zoned/Actual)
Half the Hall the
Distance Between 12 Ft 10 Ft 12 Ft 12 Ft sum of the sum
theof
Principal Structures building
heights building
heights
Minimum Floor Area 900 SF 900 SF 900 SF 750 SF 750 SF 1,000 SF
n
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Development Standards Notes:
1. Front yards for dwellings and side-entry garages are measured from back of curb or
edge of pavement (if not curbed). Front yards for a front loaded garage are measured
from garage door to back of curb, edge of pavement or sidewalk, whichever is closer to
the garage door. For front entry garages, a minimum of 23 feet from edge of sidewalk to the
garage must be provided. Front setback for side entry garages may be reduced to 12 feet.
2. Where adjacent to a golf course, lake (measured from the lake maintenance easement),
or open space, not including Preserve, the setback may be reduced to 0 feet.
3. All zero lot line units in a series shall have the 0-foot side setback on the same side of
the lot. The zero foot setback side may change only if a minimum 10 foot wide space is
provided in the form of an easement, golf course crossing, or the like, which separate the
lots.
4. Minimum lot width may be reduced by 29% for cul-de-sac lots provided minimum lot area
requirements are met.
5. Guesthouses or cabana bedrooms are subject to the setback requirements for principal
structures.
6. Corner lots may have a minimum 10 foot setback along the non-primary street frontage.
7. Accessory pool enclosure/screen lanai setback may be reduced to 0 feet when attached
to common privacy wall.
6. Accessory pool enclosure/screen lanai setback from lake maintenance easement may be
reduced to 0 feet.
9. Common architectural features such archways, arbors, and courtyard entry features shall
be exempt from the minimum yard requirements listed above.
10. Multi-family units greater than 2 stories in height shall not be located within 300 feet of
the PUD boundary.
PUDZ-PL20130001374,Golf Club of the Everglade ""' Page 5 of 14
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Exhibit D
Legal Description
DESCRIPTION: A parcel of land lying in Section 31, Township 48 South, Range 27 East, and
Section 36, Township 48 South, Range 26 East, Collier County, Florida and being more
particular described as follows:
BEGINNING at the Southeast corner of said Section 36; thence S.89°56'44"W., 2644.87 feet
along the South boundary of the Southeast one quarter of said Section 36; thence
N.02°30'05'W., 4004.62 feet along the one quarter Section line; thence S.89°50'16"E., 1314.56
feet; thence N.02°35'42"W., 1337.38 feet to the North boundary of the Northeast one quarter of
said Section 36; thence S.89°49'25"E., 1312.39 feet along said North boundary, to the
Northeast corner of said Section 36 ; thence N.86°00'54"E., 1942.46 feet along the North
boundary of said Section 31 to the North one quarter corner of said Section 31; thence
N.86°00'44"E., 1942.46 feet; thence S.02°21156"E., 2678.96 feet to a point on the North
boundary of the Southeast one quarter; thence along said North boundary N.86°04'37"E.,
1290.00 feet to the East one quarter corner of said Section 31;thence along the East boundary
of the Southeast one quarter S.02°1530"E., 2680.81 feet to the Southeast corner of said
Section 31; thence S.86°19'21"W 2568.01 feet along the South boundary of said Section 31 to
the South one quarter corner of said Section 31; thence S.86°19'21"W., 2568.01 feet along the
South boundary of the Southwest one quarter of said Section 31 to the POINT OF BEGINNING.
Containing 835.684 acres, more or less.
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Exhibit E
List of Requested Deviations from the Land Development Code (LDC)
Deviation 1 seeks relief from LDC section 6.06.02a.2., "sidewalks and bike lane pathway
requirements," which requires sidewalks on both sides of a right-of-way or easement internal to
a site, to allow for a sidewalk to be constructed along one side of the right-of-way, in accordance
with the internal right-of-way. This deviation does not apply to the roads shown on Exhibit C,
Master Concept Plan page 1.
Deviation 2 seeks relief from LDC section 6.06.01.n, "street system requirements," and
appendix b, "typical street sections," which establish a 60-foot width for local roads, to allow a
50-foot wide road in accordance with the right-of-way section A-A.
Deviation 3 seeks relief from LDC Section 5.06.02.8.6 "On-premises signs within residential
districts" which allows two ground signs with a maximum height of 8 feet or wall, residential
entrance or gate signs to be located at each entrance to a multi-family or single-family
development, to allow for up to two additional ground signs at the property boundary corner at
the intersection of Vanderbilt Beach Road and Douglas Street, and up to two additional signs at
the Vanderbilt Beach Road entry.
Deviation 4 seeks relief from LDC 3.05.07.A.5 which requires preservation areas to be
interconnected within the site and to adjoining off-site preservation areas or wildlife corridors.
The developer is requesting the interconnection not be required to the preserve in the center of .
the PUD shown as surrounded by the R/G tract.
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Exhibit F
List of Owner Commitments
For the purposes of the PUD,the owner commitments set forth below are applicable to
the owner, its successors, and/or assigns.
1) Environmental
a) Native vegetation shall be preserved in this RPUD in accordance with the table below:
Golf Club of the Everglades Native Preserve Summary
Description Approximate Acreage Total
Project Area 835.6 ac
Percentage for required Native 40% of the total native vegetation, or 25% of the
Preserve total project acreage
Percentage preserved Golf Club of the Everglades parcel
27.90 ac(Per SDP 99-140A)
Olde Florida Golf Club parcel
138.42 ac(Total project acreage 553.66 ac x
25%)
McClellan parcel
5.03 ac (Total project acreage 20.11 ac x 25%)
I Required Native Vegetation 171.3 ac
Preserved Native Vegetation 171.3 ac
Total Preserve Area 171.3 ac
b) Listed species surveyed include the American alligator, big cypress fox squirrel, lirnpkin,
little blue heron,snowy egret,tricolored heron, white ibis, Florida black bear, the gopher
tortoise, Florida panther,giant white pine, and hand fern.
c) The Olde Florida Golf Course will retain the Audubon Cooperative Sanctuary Program
for its golf courses.
d) Any perimeter fencing for the Olde Florida Golf Course shall be three feet or less in
height and split rail, or comparable construction,to allow for wildlife movement.
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e) Pole mounted security lighting for golf course facilities and parking areas shall have full
shield cut-offs to contain the light to the surface only.
2) Utilities
a) The Developer will provide a water main stub-out to Mockingbird Crossing at a location
to be agreed upon by the developer and Collier County Water Department at the time of
plat submittal.
3) Planning
a) Transfer of Development Right (TDR) credits shall be redeemed with SDPs or plats as
required by LDC Section 2.03.07D.4.g. A maximum of 750 dwelling units shall be
permitted in the PUD of which 167 shall be derived from base density of 1 DU/5 acres,
and 583 shall be derived from TDR credits. Prior to the issuance of the first residential
development order which includes the use of TDR credits, TDR credits shall be severed
and redeemed for the number of units associated with that development order. Each
subsequent development order shall also require TDR credits to be severed and
redeemed for the number of dwelling units associated with the development order.
Commencing with submittal of the first development order that utilizes TDR credits, a
TDR calculation sheet shall be submitted that documents the developer has acquired all
TDR credits needed for that portion of the development. The calculation sheet tracks the
chronological assignment of TDR credits with respect to all subsequent development
orders until the maximum density allowed by the utilization of TDR credits has been
reached.
b) 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 Olde Florida Golf Club, Inc. 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
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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.
4) Emergency Management
a) Fire mitigation access shall be provided to the development through ten-foot gates
located along the eastern development fence line. The gate locations are conceptually
shown on the Master Concept Plan, Exhibit C. The gate location may change during final
design and permitting.
b) Fire mitigation access shall be provided to the internal preserve in the RIG tract through
an access lane located along the southern perimeter of the preserve. The location of the
access lane is conceptually shown on the Master Concept Plan, Exhibit C. The location
of the access lane may change during final design and permitting.
c) A 30 foot wide defensible area buffer between Preserve and residential units shall be
provided, measured from the Preserve to a residential primary structure. Accessory uses
may be located within this buffer.
d) Planting of non-highly flammable vegetation/landscaping will be encouraged within the
defensible area buffer. Vegetation around structures within the buffer should consist of
typical southwest Florida cultivated landscaping such as palms, live oaks and grass with
some shrubbery. Appropriate landscaping for planting within the defensible area buffer
is found in the "Wildfire Risk Assessment Guide for Homeowners in Southern United
States", University of Florida IFAS Extension, as amended, and "Selecting Firewise
Shrubs to Reduce Wildfire Risk", University of Florida, IFAS Extension, as amended.
e) Community street signage shall be made of non-combustible material
5) Transportation
a) The development shall be responsible for road maintenance of Douglas Street
from Vanderbilt Beach Road Extension to the northernmost secondary access to
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Douglas Street, until such time as an alternative maintenance arrangement is
established. This commitment does not preclude potential for the establishment of an
alternative maintenance arrangement, satisfactory to the County.
b) The developer shall construct a sidewalk along the Douglas Street from Vanderbilt
Beach Road Extension north to the secondary project entrance. The development shall
be responsible for the maintenance of the sidewalk. The development shall not be
responsible for the maintenance of any portion of the sidewalk that is located within
publicly owned right-of-way in the future.
c) The development shall be responsible for the maintenance of that portion of Vanderbilt
Beach Road Extension from the west side of the intersection of Douglas Street,
eastward along the frontage of the project. At such time in the future that the
intersection of Douglas and Vanderbilt Beach Road is accepted by County for
maintenance, the County shall maintain that portion of the roadway acquired for public
use.
d) The development will work with County Traffic Operations to determine what if any
signing and marking deficiencies exist on the non-County portion of Vanderbilt Beach
Road Extensions.
e) From Vanderbilt Beach Road Extension to the northernmost entrance to the PUD on
Douglas Street as shown on the Master Plan, Owner shall convey on or before the first
plat for the project a 30 foot road easement along its western property line, at no cost to
County, for the use of the public, with no responsibility for maintenance. This
commitment does not apply in areas where there is an existing 30 foot easement for a
public roadway over the western 30 feet.
f) Owner shall pay to Collier County an amount equal to the then existing County payment
in lieu costs applicable to sidewalks for the County's construction of a sidewalk from
Douglas Street to Massey Street. Payment will be provided at the time Collier County
has the permits to build the sidewalk, but no earlier than the issuance of the 50th
certificate of occupancy for the project, and no later than the issuance of the 375th
certificate of occupancy for the project.
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6/10/2014 17.D.
NAPLES DAILY NEWS « Wednesday,.May 21,2014c19A
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,
-PUBLIC NOTICE -. . PUBL IC.-Nu ric;t; .rut3LIC NOTICE . ,
NOTICE OF PUBLIC HEARING AND ``'
NOTICE OF INTENT TO CONSIDER ORDINANCES
f Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on Tuesday,June
10,2014 in the Board of County Commissioners Chambers,Third Floor,Collier County Government Center,3299 Tamiami Trail
East,Naples,FL The meeting will commence at 9:00 A.M.
The purpose of the hearing is to consider recommendation to the.Board of County Commissioners to transmit to the Florida
Department of Economic Opportunity(DEO),the transmittal of adoption amendments of the 2013 Cycle 1 Growth Management
Plan Future Land Use Element and the Future Land Use Map and Map Series(FLUE/FLUM),and recommendation to consider
adoption of an amendment to the appropriate zoning atlas map or maps,changing the zoning classification of the described
property as shown below.The ORDINANCE titles are as follows:
ORDINANCE 14- • _
AN ORDINANCE AMENDING ORDINANCE 89-05,AS AMENDED,THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF THE
UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA,SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT FUTURE
LAND USE MAP AND MAP SERIES TO CHANGE THE•DESIGNATION OF THE OLDE FLORIDA GOLF CLUB PROPERTY FROM
RURAL FRINGE MIXED USE DISTRICT(RFMUD)NEUTRAL LANDS TO RURAL FRINGE MIXED USE DISTRICT(RFMUD)RECEIVING
LANDS,AND PROVIDING FOR TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC
OPPORTUNITY;PROVIDING FOR SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE.THE SUBJECT PROPERTY IS LOCATED
ON THE NORTH SIDE OF VANDERBILT BEACH ROAD EXTENSION TWO MILES EAST OF COLLIER BOULEVARD IN SECTION 31,
TOWNSHIP 48 SOUTH,RANGE 27 EAST,COLLIER COUNTY,FLORIDA,CONSISTING OF 554+\-ACRES.[PL20130000385/CP-2013-4J
AND:
•
ORDINANCE NO.14- .
AN ORDINANCE OF THE BOARD OF.COUNTY COMMISSIONERS OF COWER COUNTY,FLORIDA AMENDING ORDINANCE NO. •
2004-41,AS AMENDED,THE COWER COUNTY LAND DEVELOPMENT CODE,WHICH ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA BY AMENDING THE APPROPRIATE.ZONING
ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL
AGRICULTURAL(A)ZONING DISTRICT WITHIN THE RURAL FRINGE MIXED USE DISTRICT-RECEIVING LANDS AND NEUTRAL
LANDS OVERLAYS,TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT(RPUO)ZONING DISTRICT WITHIN THE RURAL FRINGE
MIXED USE DISTRICT-RECEIVING LANDS OVERLAY,TO BE KNOWN AS THE GOLF CLUB OF THE EVERGLADES RPUD TO ALLOW
UP TO 750 RESIDENTIAL DWELLING UNITS,A GOLF COURSE AND RELATED RECREATIONAL USES AND 172 ACRES OF NATIVE
VEGETATION PRESERVE.THE SUBJECT PROPERTY IS LOCATED ON VANDERBILT BEACH ROAD EXTENSION,JUST EAST OF
COLLIER BOULEVARD,IN SECTION 31,TOWNSHIP 48 SOUTH,RANGE 27 EAST AND SECTION 36,TOWNSHIP 48 SOUTH,.RANGE 26
EAST,COLLIER COUNTY,FLORIDA CONSISTING OF 835.684:ACRES;PROVIDING FOR REPEAL.OF RESOLUTION NOS.99-61,00-
189,07-117 AND ORDINANCE NO.10-08;AND BY PROVIDING AN EFFECTIVE DATE[PUDZ-PL2013000013741
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All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendments will be
made available for inspection at the Planning A Zoning Department,Comprehensive Planning Section,2800 N.Horseshoe Dr„
• Naples,between the hours of 8:00 A.M.and 5:00 P.M.,Monday through Friday.Furthermore the materials will be made available
for inspection at the Collier County Clerk's Office,Fourth Floor,Collier County Government Center,3299.Tamiami Trail East,Suite
401,Naples,FL,one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the
Comprehensive Planning Section of the Planning&Zoning Department.Written comments-filed with the Clerk to the Board's
Office prior to Tuesday,June 10,2014,will be read and considered at the public hearing.
If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any
matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he 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 to be 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,:3411273356,,(239)252-8380,-at least two days prior to the meeting. -
Assisted listening devices for the hearing impaired are available inthe Board of County Commissioners Office.
•
•BOARD OF COUNTY COMMISSIONERS -
COLLIER COUNTY,FLORIDA -
TOM HENNING,CHAIRMAN -
DWIGHT E.BROCK,CLERK - -
- By: Ann Jennejohn 'Deputy Clerk(SEAL)
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No.2402148050 May 21,2014
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