Agenda 10/11/2011 Item # 8D10/11/2011 Item 8. D.
EXECUTIVE SUMMARY
PUDZ- 2006 -AR- 10146: Hacienda Lakes MPUD — An Ordinance of the Board of County
Commissioners of Collier County, Florida amending Ordinance Number '200441,, as
amended, the Collier County Land Development Code, which established the
comprehensive zoning regulations for Collier County, Florida by amending the
appropriate zoning atlas map or maps by changing the zoning classification of the herein
described real property from the Agricultural (A), Agricultural - Special Treatment Overlay
(A -ST) and PUD zoning district (Swamp Buggy Days PUD) to the Mixed Use Planned Unit
Development (MPUD) zoning district for a project known as the Hacienda Lakes MPUD
that will allow 'a maximum of 327,500 square feet of gross retail commercial floor area;
70,000 gross square feet of professional and medical office space including a conversion of
retail use to professional and medical office; 135 hotel rooms including a conversion to
business park; 140,000 gross square feet of business ' park or education facility; a public
school; continuation of existing "swamp buggy" attraction and "Junior Deputy" passive
recreation; and a maximum of 1,760 residential dwelling units including conversions to,
recreational vehicle park and senior housing for independent living, assisted living and
nursing care The subject property, consisting of 2,262 _ +/- acres is Iocated on the east side
of Collier Boulevard (C.R. 951) at the intersection of Collier Boulevard and Rattlesnake-
e
Hammock Roa# and north and south of Sabah Palm Road in Sections 11, 12, 13, 14, 23, 24
and 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 South,
Range 27 East, Collier County, Florida; providing for repeal of Ordinance. Number 84 -26,'
for swamp buggy grounds; and by providing an effective date (Companion to Petitions
DRI- 2006 -AR- 10147 and CP-2006 -11).
OBJECTIVE:
To have the Board of County Commissioners (BCC) review staffs findings and
recommendations along with the recommendations of the Collier County Planning Commission
(CCPC) regarding the above referenced petition and render a decision regarding this PUD 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:
Approval of this project to allow for a mix of residential, commercial (retail and office), hotel,
business park or education facility uses as well as the continuation of existing junior deputies
passive recreation and existing swamp buggy attraction uses.
The petitioner is requesting approval of this PUD for Hacienda Lakes to allow development as
shown below.
TRACT TYPE UNITS. ACREAGE±
TRACT "R" RESIDENTIAL 1,714 447.86
TRACT "R /MU" RESIDENTIAUMEDICAL USE 25 min. 38.82
TRACT "BP" BUSINESS PARK 1 35.38
TRACT "C' COMMERCIAL 17 min 34.16
TRACT "A" ATTRACTION 1 47.27
TRACT "P" PRESERVE 0 1,544.14
Hacienda Lakes MPUD: PUDZ -2006 AR -10146 'Page 1 of 7
Revised: 9/21111
BCC Hearing Date 10/11/11 Packet Page -246-
10/11/2011 Item 8.D.
TRACT "PF " PUBLIC FACILITY 0 1.33
TRACT "JD" JUNIOR DEPUTY 2 21.62
TRACT "ROW" PUBLIC RIGHT -OF -WAY 0 72.01
TRACT "S" SCHOOL 0 19.55
Total 1,760 2262.14
(NOTE: If the developer decides to develop an RV use, it must consist of not less than 20 acres,
and that acreage would be subtracted from the R designated area.)
As proposed the project will be developed in one eight -year phase that is to be divided into two
stages (2012 -2016 and 2015 -2019 as shown below as an excerpt from Master Plan), with
development to begin in 2012. Buildout is projected-to occur in 2019. These dates could be
adjusted based upon approval date and appeal periods.
This PUD application is one of three applications under consideration for the subject site.
Companions to this application are a Comprehensive Plan Amendment (GMPA) and an
Application for Development Approval (ADA) of a Development of Regional Impact (DRI).
The Swamp Buggy Days lands are included within this project. The project incorporates the
Swamp Buggy Days PUD (Ordinance #84 -26) uses. That will allow the uses that were permitted
in that project to continue, or be established if they have not been. Please refer to, Section VI.
Tract "A Attraction Permitted Uses,' and IX. "Swamp Buggy Days Recreation and Sports Park
PUD General Development Commitments."
FISCAL ACT:
The County collects impact fees prior to the issuance of building permits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element of the Growth Management Plan as
needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order
to meet the requirements of concurrency management, the developer of every local development
order approved by Collier County is required to pay a portion of the estimated Transportation
Impact Fees associated with the project in accordance with Chapter 74 of the < Collier County
Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include
building permit review fees. Finally, additional revenue is generated by application of ad
valorem tax rates, and that revenue is directly related to the value of the improvements, Please
note that impact fees and taxes collected were not included in the criteria used by staff and the
Planning Commission to analyze this petition.
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
Future Land' Use Element (FLUE): The County's Future Land Use Map designates.
[approximately 1,637 acres] of the subject site as Rural Fringe Mixed Use District,(RrIUD)
Sending Lands, Belle Meade Natural Resource Protection Area (NRPA) Overlay. The balance of
the site has the future land use designations of the Urban Residential Fringe (URF) Subdistrict,
and Mixed Use Activity Center (MUAC) No. 7. Policies and Provisions. for these designations
are located in the FLUE and the CCME of the Growth Management Plan.
The property owner submitted an application to amend the GMP (GMPA) in petition CP- 2006 - —
11 seeking to amend the Future Land Use Element (FLUE) and Conservation, and' Coastal
Hacienda Lakes MPUD: PUDZ- 2006 -AR -10146 Page 2 of 7
Revised: 9/21/11
BCC Hearing Date 10/11/1 Packet Page -247-
10/11/2011 Item 8.D.
Management Element (CCME). That petition is a companion to this petition and it must be
^` approved in order for this petition to be consistent with the GMP. For more details, please refer
to the Comprehensive Planning Staff memo, dated July 12, 2011.
COLLIER COUNTY PLANNING COMMISSION (CCPQ RECOMMENDATION:
The CCPC heard this petition on September 1, 2011, and by a vote of 7 to 0 (Paul Midney was
not present and there is one vacant position on the Commission), with Commissioner Schiffer
making the motion and Commissioner Ahern seconding the motion, recommended forwarding
this petition to the Board of County Commissioners (BCC) with a recommendation of approval
subject to the following changes to be made to the PUD document:
Exhibit A:
1) Project Land Use Tracts: Adjust Tract C to remove 2.51 acres because it is already
included in Tract ROW;
2) Tract R/MU: Remove "units or RV" from introductory paragraph;
3) Tract BP Permitted Uses: Correct #16;
4) Tract C: Change "PB" to "BP" in the introductory paragraph;
5) Tract A Principal Uses: Revise Item 8 to address DRI substantial deviation
requirements;
6) Tract S Accessory Uses: Add "Recreational Facilities ";
7) Signs: Renumber the deviation references to reflect the petitioner's withdrawal of the
previous deviation #1;
Exhibit B:
1. Revise Table II paragraph to address Collier County public schools;
2. Revise Table III paragraph to address Collier County public schools;
3. Maximum Density and Intensity — Residential Density: correct the number 1,332 to
1,232;
4. Land Use Conversion Factors — Residential Density: Refine the RV, Senior Housing
Uses and total residential uses;
5. Land Use Conversion Factors: Clarify the BP tract school facilities use;
6. Land Use Conversion Factors — Senior Housing Intensity: add the word "project ";
7. Land Use Conversion Factors: Clarify the total project intensity;
8. Recreational Vehicle Park Criteria: Remove references to Tract R as the applicant
has added a separate RV designation;
9. Recreational Vehicle Park Criteria: Clarify that the RV parcels cannot be less than 20
acres in size instead of 24.2 acres;
10. Sign Development Standards: Renumber the deviation reference to reflect the
petitioner's withdrawal of the previous deviation # 1;
11. Site Development or Plat Approval: add "with each SDP or plat application" to the
end of the item.
12. Table I: Remove the column townhouse alley design;
13. Table I: Add "or '/2 the building height whichever is greater" to Minimum Distance
for MPUD;
14. Table I footnote: Add "zoned" to Building Height;
15. Table I notes — Remove Note #2 about Firewall protrusion;
^, 16. Table I notes Note 43: Change 50 feet to 35 feet;
17. Figures 2 -5: Revise each exhibit to correct the "Preserve Cloud" location;
18. Figure #6: Delete this figure;
Hacienda Lakes MPUD: PUDZ- 2006 -AR -10146 Page 3 of 7
Revised: 9/21/11
BCC Hearing Date 10/11/11 Packet Page -248-
10/11/2011 Item 8.D.
19. Table II: Add "including mixed use buildings" to the title;
20. Table II -- Minimum yards: Replace "tract" with "lot" and add "or '/2 the building
height whichever is greater ";
21. Table II – Revise Maximum zoned height from 75 feet to 50 feet and 85 feet to 60
feet actual height, adding a footnote to exempt hotel, destination resort, senior housing or
mixed use buildings that can be up to 75 feet in zoned height and 85 feet in actual height;
22. Table I1 Footnotes: remove the unused iii.
23. Table III – Add "Collier County School District" to the exclusion in the title;
24. Table III – Remove "SBR" and "including portable classrooms" from all locations in
this table;
25. The Lord's Way Access Improvements: Remove two instances of the word
"generally ";
Exhibit C:
Modify R/RV to R or RV;
Exhibit E:
1. Deviation 41 was withdrawn by the applicant, therefore the deviations shall be
re- numbered.
2. Deviation #5 (now #4) shall be revised to reflect a wall will not be required on the
Business Park tract for the Lord's Way frontage only.
Exhibit F:
1. I- -Legal Item C: Add language to require a replacement easement for the Boness
tract;
2. II-- Environmental: Table footnote. Correct citation to read LDC Subsection
2.05.02.B.2.g.ii;
3. IV-- Archaeological and Historic Resources: Add language to require approval from
the State of Florida Division of Historical Resources;
4. V -- Emergency Medical Services: Add language to address EMS impact fee credits
for mitigation;
5. V-- Emergency Medical Services: Add the number $30,000 for acreage valuation.
6. VI— Transportation – South Area III: Add the $30,000 per acre number for fair
market value;
7. VI— Transportation – North Area V: Remove "140,000 square feet of at the
begim-iing of Business Park;
8. VI— Transportation – North Area V: Change width of 90 feet to width of 60 feet;
9. VI— Transportation – North Area V: Add the $30,000 per acre number for fair
market value;
10. VI— Transportation – Benfield Road Improvements VI: Change width of 150 feet to
120 feet;
11. VI— Transportation – Benfield Road Improvements VI: Add "100% of before "the
increase in cost...;"
12. VI— Transportation – Benfield Road Improvements VI: Add the $30,000 per acre
number for fair market value;
13. VI— Transportation – Benfield Road Improvements VII: Change width of 150 feet to
120 feet;
14. VI— Transportation – Benfield Road Improvements VI: Add the $30,000 per acre
number for fair market value;
Hacienda Lakes MPUD: PUDZ- 2006 -AR -10146 Page 4 of 7
Revised: 9/21/11
BCC Hearing Date 10/11/11 Packet Page -249-
10/11/2011 Item 8.D
15. VI— Transportation – Benfield Road Improvements VIII: Change width of 150 feet
to 120 feet;
16. VI— Transportation – Benfield Road Improvements XIII: Add language into the
PUD document similar to what is in the DRI DO Transportation Item G;
17. VII — Public Utilities – Revise language to mirror the Utilities information from the
DRI DO;
The changes requested have been made to the draft Ordinance, and the petition was approved on
the September 15, 2011 CCPC Consent agenda. Because the staff report recommended approval
and CCPC approval recommendation was unanimous, and there is no correspondence in
opposition, this petition can be placed on the Summary Agenda.
LEGAL CONSIDERATIONS: [Quasi-judicial, Four -fifths vote for approval]
This PUD gives the applicant multiple options for development by allowing conversions from
one use to another, both within a proposed district and also from one district to another. These
conversions make the PUD very complex and difficult to administer. The LDC does not
expressly allow conversions. If the BCC elects to approve this PUD with the conversions, then
the County Attorney's Office recommends an LDC amendment to allow for conversions.
This is a site specific rezone to a Mixed Use Planned Unit Development (MPUD) Zoning
District for a project to be known as the Hacienda Lakes MPUD. 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 detennine 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 MPUD 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.
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 MPUD with the goals, objectives and policies
of the Growth Management Plan.
n 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.
Hacienda Lakes MPUD: PUDZ- 2006 -AR -10146 Page 5 of 7
Revised: 9/21/11
BCC Hearing Date 10/11/11 Packet Page -250-
10/11/2011 Item 8. D.
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 MPUD 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 MPUD Rezone be appropriate considering the existing land use
pattern?
11. Would the requested MPUD Rezone result in the possible creation of an isolated
district unrelated to adjacent and nearby districts?
12. Consider: Whether existing district boundaries are illogically drawn in relation to
existing conditions on the property proposed for change.
13. Consider: Whether changed or changing conditions make the passage of the
proposed amendment necessary.
14. Will the proposed change adversely influence living conditions in the neighborhood?
15. Will the proposed change create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses, because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or otherwise affect public safety?
16. Will the proposed change create a drainage problem?
17. Will the proposed change seriously reduce light and air to adjacent areas?
18. Will the proposed change adversely affect property values in the adjacent area?
19. Will the proposed change be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations?
20. Consider: Whether the proposed change will constitute a grant of special privilege
to an individual owner as contrasted with the public welfare.
Hacienda Lakes MPUD: PUDZ- 2006 -AR -10146 Page 6 of 7
Revised: 9/21/11
BCC Hearing Date 10/11/11 Packet Page -251-
10/11/2011 Item 8.D.
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 MPUD 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 MPUD rezone request that
the Board of County Commissioners shall deem important in the protection of the
public health, safety, and welfare?
^' The BCC must base its decision upon the competent, substantial evidence presented by the
written materials supplied to it, including but not limited to the Staff Report, Executive
Summary, maps, studies, letters from interested persons and the oral testimony presented at the
BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by
the County Attorney's Office. This item has been reviewed for legal sufficiency and is legally
sufficient for Board action. An affirmative vote of four is necessary for Board approval. (HFAC)
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 recommendation and the CCPC recommendation.
PREPARED BY:
Kay Deselem, AICP, Principal Planner, Zoning Services Section, Land Development Services
Department, Growth Management Division, Planning and Regulation
Attachments: 1) Staff Report
2) Comprehensive Planning Memo, dated July 12, 2011
3) Ordinance
10-1�1 4) Back up material information sheet
Hacienda Lakes MPUD: PUDZ- 2006 -AR -10146 Page 7 of 7
Revised: 9/21/11
BCC Hearing Date 10/11/11 Packet Page -252-
10/11/2011 Item 8. D.
COLLIER COUNTY
Board of County Commissioners
Item Number: 8.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.
PUDZ- 2006 -AR- 10146: Hacienda Lakes MPUD -- An Ordinance of the Board of County
Commissioners of Collier County, Florida amending Ordinance Number 2004 -41, as amended,
the Collier County Land Development Code, which established the comprehensive zoning
regulations for Collier County, Florida by amending the appropriate zoning atlas map or maps
by changing the zoning classification of the herein described real property from the Agricultural
(A), Agricultural - Special Treatment Overlay (A -ST) and PUD zoning district (Swamp Buggy Days
PUD) to the Mixed Use Planned Unit Development (MPUD) zoning district for a project known
as the Hacienda Lakes MPUD that will allow a maximum of 327,500 square feet of gross retail
commercial floor area; 70,000 gross square feet of professional and medical office space
including a conversion of retail use to professional and medical office; 135 hotel rooms
including a conversion to business park; 140,000 gross square feet of business park or
education facility; a public school; continuation of existing "swamp buggy" attraction and
"Junior Deputy" passive recreation; and a maximum of 1,760 residential dwelling units
including conversions to recreational vehicle park and senior housing for independent living,
assisted living and nursing care. The subject property, consisting of 2,262 +/- acres is located on
the east side of Collier Boulevard (C.R. 951) at the intersection of Collier Boulevard and
Rattlesnake- Hammock Road and north and south of Sabal Palm Road in Sections 11, 12, 13, 14,
23, 24 and 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 South,
Range 27 East, Collier County, Florida; providing for repeal of Ordinance Number 84 -26, for
swamp buggy grounds; and by providing an effective date (Companion to Petitions DRI -2006-
AR -10147 and CP- 2006 -11).
Meeting Date: 10/11/2011
Prepared By
Name: DeselemKay
Title: Planner, Principal,Engineering & Environmental Ser
9/21/2011 1:42:23 PM
Approved By
Packet Page -253-
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 9/21/20114:52:39 PM
10/11/2011 Item 8.D.
Name: BellowsRay
Title: Manager - Planning, Comprehensive Planning
Date: 9/22/2011 10:31:33 AM
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 9/22/2011 10:33:25 AM
Name: AshtonHeidi
Title: Section Chief/Land Use- Transportation,County Attor
Date: 9/22/2011 1:02:49 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 9/23/20112:17:09 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 9/26/2011 11:24:39 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/30/2011 2:26:56 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 10/4/2011 11:32:43 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 10/4/2011 11:41:29 AM
Packet Page -254-
all)T
10/11/2011 Item 8. D.
AGENLH i i civi z,
• •
COLLIER COUNTY PLANNING COMMISSION
ZONING SERVICES- -LAND DEVELOPMENT SERVICES DEPARTMENT
GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION
HEARING DATE: JULY 21, 2011
RE: PETITION NO: PUDZ-2006-AR- 10 146; HACIENDA LAKES MPUD
(COMPANION ITEMS: DRI-2006-AR- 10 147, AND CP- 2006 -11)
APPLICANT /AGENTS:
Applicant: Agents:
Hacienda Lakes of Naples, LLC Dwight Nadeau
c/o David Torres RWA Consultants, Inc.
12600 Biscayne Court 6610 Willow Park Drive, Suite 200
Naples, FL 34105 Naples, FL 34109
1-'A'2L$1ffM tMIXTIN
Richard D. Yovanovich, Esq.
Coleman, Yovanovich & Koester, P.A.
Northern Trust Bank Building
4001. Tamiami Trail North, Suite 300
Naples, FL 34103
The petitioner is asking the Collier County Planning Commission (CCPC) to consider an
application for a rezone from the Agricultural (A), Agricultural- Special Treatment Overlay (A-
ST) and PUD zoning district (Swamp Buggy Days PUD) to the Mixed Use Planned Unit
Development (MPUD) zoning district, for a project to be known as the Hacienda Lakes MPUD.
The subject property, consisting of 2,262 + /- acres is located on the east side of Collier Boulevard
(C-R_ 951) at the intersection of Collier Boulevard and Rattlesnake - Hammock Road and north
and south of Sabal Palm Road in Sections 11, 12, 13, 14, 23, 24 and 25, Township 50 South,
Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, Collier County,
Florida (See location map and proposed PUD Master Plan on the following pages.)
Approval of this project to allow for a mix of residential, commercial (retail and office), hotel,
business park or education facility uses as well as the continuation of existing junior deputies
passive recreation and existing swamp buggy attraction uses.
Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146
July 21, 2011 CCPC
Revised: 7/13111
Packet Page -255-
Page 1 of 26
10/11/2011 Item 8.D. i
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10/11/2011 Item 8. D.
The petitioner is requesting approval of this PUD for Hacienda Lakes to allow development as
shown on the table on the following page.
LAND USE SUMMARY
DESIGNATOR
LAND USE
ACREAGE
",
03 MMERCIAL
340 6± ACRES
+COWERCIAL LANDS MUMBERED DY PUSUC ROW TRAIT
*02.51± ACRES
W'
ATTRACTION
47.27± ACRES
"R"
RESIDENTIAL
447'.86± ACRES
" p OR S"
BUSINESS PARK OR �OHOOL
35.384- ACRES
"P"
PRESERVE
1544.144- ACRES
"PF"
PUBLIC FACILITY
1.33± ACRES
"JD*'
JUNIOR DEPUTY
21.52± :ACRES
"S>,
SCHOOL
19.55± ACRES
"R/MU-
RESIDENTIAL /MEDICAL USE
35,52± ACRES
"ROW"
PUBLIC ROW / EASEMENTS
72.01± ACRES
TOTAL
226214 ± ACRE
* THE COMBINED TOTAL OF THESE 1WO ACREAGES EWJAL5 THE ACTIWITY C.EKTE34 .AG"REACE OF 36,57
'« CKCLUDE THIS ACREAGE WHEN TOTALING PROJECT AREA A3 IT 15 INCLLIDED IN THE "ROW" TRACT
n (Note: Since this document was prepared, the designator "BP OR S" has been changed to just "BP')
As proposed the project will be developed in one eight -year phase that is to be divided into two
stages (2012 -2016 and 2015 -2019 as shown below as an excerpt from Master Plan), with
development to begin in 2012. Buildout is projected to occur in 2019.
This PUD application is one of three applications under consideration for the subject site.
Companion to this application are a Comprehensive Plan Amendment (GMPA) and an
Application for Development Approval (ADA) of a Development of Regional Impact (DRI).
The Swamp Buggy Days lands are included within this project. The project incorporates most of
the Swamp Buggy Days PUD (Ordinance #84 -26) uses. That will allow the uses that were
permitted in that project to continue, or be established if they have not been. Please refer to
Section VI. Tract "A" Attraction Permitted Uses," and IX. "Swamp Buggy Days Recreation and
Sports Park PUD General Development Commitments."
SURROUNDING LAND USE AND ZONING (Please refer to the Zoning Map):
North: Agricultural (A), undeveloped areas and mining operations
South: Agricultural (A), residential and agricultural uses along Morgan Road, Beagle Lake
Road, Brandy Lane and several other roadways north of Sabal Palm Road, then larger
agricultural operations to the south of Sabal Palm Road, with undeveloped tracts scattered
throughout the areas
Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146
July 21, 2011 CCPC
Revised: 7/13/11
Packet Page -258-
Page 2 of 26
10/11/2011 Item 8.D.
West: a variety of uses and zoning districts along the east side of CR 951, such as PUD (First
Assembly of God PUD, approved at a maximum density of 7.88 multi - family dwelling units per
acre [upa]; and Rockedge RPUD, approved for multi - family development at a maximum density
of 5.23 upa; and Winding Cypress DRI/PUD, approved for a variety of residential zoning
dwelling unit types at a maximum density of 1.2 upa), and C -3, C -5 (developed with various
commercial uses, including a hospital, several churches), TTRVC (developed as a travel
trailer/RV park), and Agricultural zoning and uses as well as undeveloped tracts, then CR 951
East: Agricultural (A), undeveloped areas
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): The County's Future Land Use Map designates
[approximately 1,637 acres] of the subject site as Rural Fringe Mixed Use District (RFMUD)
Sending Lands, Belle Meade Natural Resource Protection Area (NRPA) Overlay.
The balance of the site has the future land use designations of the Urban Residential Fringe
(URF) Subdistrict, and Mixed Use Activity Center (MUAC) No. 7. Policies and Provisions for
these designations are located in the FLUE and the CCME of the Growth Management Plan.
There is a companion Growth Management Plan amendment, Petition CP- 2006 -11, as noted
below, approval of this PUD rezone is subject to approval of that petition.
Comprehensive Planning staff has prepared an analysis and recommendation memorandum
(dated July 12, 2011) that has been attached. To summarize, Comprehensive Planning staff has
identified several areas of concern and is recommending that this petition may be found
consistent with the GMP (as amended via CP2006 -11) subject to the following:
A. Modify PUD Ordinance Exhibit materials to include provisions /standards for human scale
development, pedestrian orientation and focus, and pedestrian and bicycle facilities for
Activity Center No. 7 and its interconnected portions of the project. A project of this size and
complexity should contain a bicycle /pedestrian and transit master plan that identifies the
following:
• Connections from each residential neighborhood and commercial development between
each component of the project and to the established CR -951 Greenway and the
existing or planned transit system;
• Expanded transit shelters to accommodate existing and future demand. Staff
recommends several transit shelters that are adequately sized and afford seating
(Pavilion shelters at a minimum size of 20'x20'), protection from the elements, bike
racks or storage facilities, and immediate access to the bicycle /pedestrian network.
B. Modify PUD Ordinance Exhibit materials in Exhibit B, Development Standards:
Maximum Density and Intensity Section, Residential Density, additionally in Exhibit F, List
of Owner Commitments and elsewhere as necessary to include statements committing to
develop a minimum of 13 residential units in the nearest portion of the adjacent "R ",
Residential Tract. [appears only in an asterisked informational note, on pg. I of Exhibit A];
Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146
July 21, 2011 CCPC
Revised: 7/13/11
Packet Page -259-
Page 3 of 26
n
10/11/2011 Item 8.D.
C. Remove the wholesale distribution use presently proposed in Exhibit A, Permitted Uses
for the "R/MU ", Residential/Medical Use Tract.
Consider the recommendations presented above, as matters suggesting change, revision or other
action, encouraged in support of the project prior to final consideration:
Transportation Element: Transportation planning staff has reviewed the petitioner's Traffic
Impact Statement (TIS) and has determined that this project can be found consistent with policies
5.1 of the Transportation Element of the Growth Management Plan with approval of the
proposed mitigation. Please refer to the Transportation Review comments for details about the
mitigation.
Significantly Impacted Links:
Multiple roadway links are significantly impacted by this development. These impacts are
summarized in the excerpt from the 2010 AUIR, shown on the next page, in Table 1 (project
specific impacts are noted in the most recent Traffic Impact Study, and are not shown):
In general, the analysis of trips generated by this development indicates that the existing roadway
network can accommodate the impacts that are produced, if certain mitigation is proposed. All
mitigation is listed in Exhibit F, Section VI of the PUD document, and is considered sufficient to
bring this proposed PUD into compliance with policy 5.1 of the Transportation Element of the
GMP.
Mitigating factors for this development include multiple proportionate share allowances,
multiple right -of -way conveyances and construction contributions, and also certain development
limitations that are dependent upon network improvements. In general terms, the future
`Benfield Road' corridor (identified as a need in the 2030 LRTP and subsequently confirmed in
the current 2035 LRTP), as well as pertinent connections to this corridor such as Rattlesnake
Hammock Road Extension and The Lords Way, are created or are made viable for future Public
[County] ownership. These facilities, along with their respective design/construction/mitigation
costs, are borne by the developer as part of the developer commitments.
Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146
July 21, 2011 CCPC
Revised: 7/13/11
Packet Page -260-
Page 4 of 26
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10/11/2011 Item 8. D.
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10/11/2011 Item 8. D.
Conservation and Coastal Management Element (CCME): Environmental staff has
evaluated the proposed PUD for compliance with the CCME. Environmental review staff has
determined the Hacienda Lakes PUD may be found consistent with the Future Land Use Element
and Conservation and Coastal Management Element of the Collier County Growth Management
Plan, as would be amended by companion petition CP- 2006 -11.
GMP Conclusion: The GMP is the prevailing document to support land use decisions such as
this proposed rezoning to CPUD. 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 Collier County Growth Management Plan as
discussed above and as further limited in the Zoning Review Section to analysis of FLUE Policy
5.4. 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 conditions recommended by staff are adopted as
part of any approval.
ANALYSIS:
Staff has completed a comprehensive evaluation of this land use petition including the criteria
11—N 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 10.03.05.I, 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 is recommending approval subject to the
Environmental conditions contained in Exhibit F of the PUD document. Please refer to the EAC
staff report for details about this project's environmental issues.
Transportation Review: Transportation Division staff has reviewed the petition and the PUD
document and Master Plan for right -of -way and access issues as well as roadway capacity, and
recommends approval subject to the Developer /owner commitments as provided in Exhibit F of
the MPUD ordinance.
Zoning Services Review: The Master Plan shows the areas proposed for development provided
in the Land Use Summary and Legend shown on the Master Plan. Additionally, right -of -way
areas are generally depicted. Due to the size of the project and the length of time for build out
pursuant to the DRI, building orientation, location and other details are not shown on the Master
Plan, but typical drawing have been provided in the PUD document for the various residential
type units.
Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146
July 21, 2011 CCPC
Revised: 7/13/11
Packet Page -262-
Page 6 of 26
10/11/2011 Item 8. D.
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 on the subject site,
the compatibility analysis might include a review of both the subject proposal and 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, traffic generation/attraction,
etc. There has to be a balance between the adjacent existing uses and what is allowable by the
GMP.
The residential Development Standards (Table I) indicate a maximum zoned height of 75 feet
would be allowable for multi - family dwellings while other residential uses would be limited to
35 feet to 45 feet in height. Table II for Commercial, Public Facilities, and Care Unit
Development Standards also allows uses up to 75 feet of zoned height. Staff compared this
project's proposed height to the adjacent Collier Regional Medical Center PUD wherein the
Hospital Subdistrict allows structures up to 100 feet in height and the Medical Office Subdistrict
that allows a maximum height of 75 feet. Staff also compared this proposed height to the First
Assembly Ministries PUD that abuts this site north of The Lords Way. That PUD allows a five
story /67 feet zoned building height for certain uses.
Zoning Staff could find the proposed MPUD to be compatible and would have no objection to
the proposed height for the Commercial area, as it is adjacent to the Medical Center PUD, and
for the residential uses ONLY IF the multi- family uses above 45 feet in height are located in the
R/MU tract or within 400 feet of the First Assembly PUD. Other areas of the site are not near ^
any project of similar height. The extreme northern and eastern residential tracts are adjacent to
rural agricultural zoned tracts. Taller structures are not appropriate in those areas.
Additionally, staff is concerned about the proposed "horse stable and related equestrian
facilities" accessory use in the residential areas. "Related equestrian facilities" is not defined,
therefore staff cannot support that use. Perhaps the horse stable use might be appropriate in
certain areas of the site, as alluded to in the description, "Horse stables and related equestrian
facilities that complement the MPUD's proximity to the Picayune Strand State Forest." Staff is
not comfortable with the limitation of "proximity." Staff is of the opinion that the proposed use
would only be appropriate for a tract that is within a specified distance of the Strand.
The petitioner proposes that private stables on single family lots that are a minimum 10,000
square feet (or 0.23 acres) be permitted. The LDC strictly prohibits horses in any residential
district with the statement:
Prohibited animals in residential districts. The following animals are to be considered
farm animals and are not permitted to be kept in residential districts except as provided
for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows,
goats, hogs, and the like.
Horses are a permitted accessory use in the Estates zoning district, which is described in the
LDC as a zoning district designed "to provide lands for low density residential development in a
Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146
July 21, 2011 CCPC
Revised: 7/13/11
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Page 7 of 26
10/11/2011 Item 8.D.
1#00N semi -rural to rural environment, with limited agricultural activities." However the Estates
zoning district further limits the horse use to no more than two horses for each acre. The
petitioner's proposed 10,000 square foot horse lot falls far short of the Estates horse allowance,
and the petitioner's proposed use does not limit the number of horses that could be kept per lot.
Staff could support the horse stable use only if the use was limited to lots that are a minimum of
30,000 square feet, which is more in keeping with the 21,780 square feet allowance per horse in
the Estates zoning district. Further, the use should be limited to no more than one horse per lot.
The petitioner proposes Recreational Vehicle Parks as a permitted use in the Residential area of
the site, as depicted on the site plan. Staff does not believe the Recreational Vehicle use is an
appropriate use within a residential subdistrict. The LDC nomenclature, in Section 2.02.02.C,
defines a TTRVC as a commercial use, as shown below:
Where the phrases "commercial districts," "zoned commercially," "commercially
zoned," "commercial zoning," or phraseology of similar intent, are used in this LDC,
the phrases shall be constructed to include: C -1, C -2, C -3, C -4, C -5, TTRVC, and
commercial components in PUDs.
The petitioner proposes to allow all uses permitted by Standard Industrial Classification (SIC)
code 7033 which is described as:
Establishments primarily engaged in providing overnight or short-term site for
recreational vehicles, trailers, campers or tents.
The use category includes Campgrounds, Campsites for Transients, Recreational Vehicle Parks,
and Trailer Park for Transients.
LDC Section 2.03.03.F sets forth the requirements for a Travel Trailer - Recreational Vehicle
Campground (TTRVC) District Use; LDC Section 4.06.06 provides special buffer requirements
for the TTRVC Zoning District; LDC Section 5.05.10 includes additional design standards for
Travel Trailer and Recreation Vehicle Parks; LDC Section 4.02.0l.A. Table 2.1 includes special
setbacks for the TTRVC District also as shown below:
TTRVC District - additional yard requirements: setback from exterior boundary of park
= 50 ft.; setback from an external street = 50 ft., setback from an internal street = 25 ft.;
setback from any building or other structure =10 ft.
By listing this use within the residential component of this MUPD there is no requirement that
the use be governed the requirements of those LDC Section as other commercial RV parks
would be governed. This TTRVC zoning district contains requirements for internal street access,
screen room facilities, and sanitary facilities, such as trash containers, and pump out facilities.
The petitioner has offered to limit the RV use to no more than 12 RV units per acre. Staff has
concerns that this density could be well above any adjacent residential density. The petitioner
has offered a 25 -foot landscape buffer to separate the RV use from any other residential use. The
PUD document is silent as to the components of the buffer. There is no description as to whether
Hacienda Lakes MPUD, PUDZ - 2006 -AR -10146
July 21, 2011 CCPC
Revised: 7/13/11
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Page 8 of 26
10/11/2011 Item 8. D.
it will include a wall; there is no mention of what plant materials will comprise the buffer or at ^
what intensity.
Staff is concerned that establishing a commercial use - -an RV park, with very few limitations and
clarifications within 25 feet of residential uses could create a compatibility issue. Staff does not
support the RV use within the Residential Tract. Any RV use should be set aside as its own tract
within the commercial area and a labeled as TTRVC use and be subject to all LDC requirements
for the uses. Depending upon the location of the TTRVC use within the commercial tract,
consideration should be given to also limiting the use to RV units such as Class A motor coaches
or park model units. However at this time, staff does not support the RV use within Hacienda
Lakes PUD.
Staff does not believe the proposed 50 -foot zoned and 60 -foot actual height proposed in the
Business District of this PUD is in accordance with the purpose and intent of that district that
states, "It is intended that the BP district be designed in an attractive park -like environment, with
low structural density and large landscaped areas for both the functional use of buffering and
enjoyment by the employees of the BP district." The BP Zoning District allows a 35 -foot
maximum height and requires 50 -foot front, side, and rear yard setbacks. The petitioner
proposes only half that distance for all setbacks -25 feet.
In the "Narrative Basis for Approval" provided by the petitioner, the petitioner indicates that the
BP tract "will provide a transition of land uses" between the Swamp Buggy facilities and the
residential uses. Although staff understands the Swamp Buggy facilities are a unique use and a
very intense use, staff does not agree with that statement the BP tract is transitional because the
BP Zoning District is part of LDC Section 2.03.04, Industrial Zoning Districts. Industrial zoning
districts are usually NOT located adjacent to residential areas. At best, an office use is usually
deemed a "transition" between retail and residential uses, but an industrial use is not commonly
considered a viable transition to separate any use from a residential use due to the intensity of the
industrial uses. An industrial use is more commonly a use for which a transition is required to
separate it from residential uses.
The applicant is proposing the use Building Construction (Groups 1521 -1542) within the BP
tract (IV.A.3.). This use is not included in the allowable uses within the LDC BP Zoning District
and should be stricken.
The petitioner proposes the use Medical, Dental, and Hospital Equipment and Supplies (Group
5047) within the "R/MU" Residential/Medical Use Tract (R/MU). According to the SIC code
manual, this use is located within a general category that allows wholesale distribution of such
products. Wholesale uses of this type go beyond the limited scope intended for this limited area
around the hospital. Uses in that area are supposed to service the nearby medical community, not
reach out to provide service to other county, state and national areas. A use of that size and
caliber would be more suitably located within this project's project Business Park area. Thus
staff does not support this use and recommends that it be removed from the R/MU tract's list of
uses.
Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146
July 21, 2011 CCPC
Revised: 7/13/11
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Page 9 of 26
10/11/2011 Item 8. D.
Staff recommends that the BP district structures be limited to a maximum of 35 -foot of actual
height and all setbacks be required to be a minimum of 50 feet, except boundaries that are shared
with residential uses, in which case the setbacks should be increased to 100 feet.
Zoning Staff and the County Attorney's office have concerns with the proposed "Land Use
Conversion Factors" listed on page 18 of the PUD document. The conversions make it difficult
to ascertain the exact scope of the finished project. The conversions add too many variables.
The applicant assures staff that the traffic PM Peak Hour Trips limitation that was based upon
the projected maximums identified and reviewed in the DRI and PUD document will limit the
project's intensity. However, transportation planning staff has indicated that it may not be wise
to use a conversion table if using conversion ratios if they will be tied to trips. Different types of
commercial uses often have different trip generation rates that are not linear in their conversion
(i.e. they are logarithmic; the bigger some commercial developments get, the fewer trips they
create per thousand square feet because they become more efficient through the use of transit
services). So, if there is a conversion rate between uses, there would also need to be a cap on trip
generation based on the most intense use(s). No such cap has been proposed.
To date, staff has only supported the use of conversion ratios in conjunction with uses that
utilized floor area ratios (FAR) such as commercial tracts within a mixed use planned unit
development that is located outside an activity center; hotels, motels and destination resorts; and
group housing (LDC Section 5.05.04); and some components of business park developments. In
more recent PUD zoning actions, the conversion ratio use was limited to group care facilities
being converted to residential uses and vice versa, using some standardized traffic count
information to derive the applicable ratios.
The petitioner has formulated a requirement to ensure compliance with the conversion ratios on
page 19 of the PUD document, under the title, "Site Development or Plat Approval." The section
would require the developer to submit a list of trips consumed to date so the project will not
exceed the PM Peak Hour Trip allotment.
Staff is concerned that, at any given time, the amount and type of allowable development
remaining would become indiscernible to staff and the general public. Trying to monitor a
development containing the potentially constantly moving numbers would become too difficult.
Therefore staff does not support any conversion ratio use for this project other than care units,
group housing, and group housing units.
Section X of the PUD document needs to be revised such that the responsible parry is clearly
discernable. Throughout the life of this development, one entity needs to be held accountable to
address any issues that arise. The current language needs to be replaced with the following:
One entity (hereinafter the Managing Entity) shall be responsible for PUD and DRI
monitoring until close -out of the PUD and DRI, and this entity shall also be responsible
for satisfying all PUDIDRI commitments until close -out of the PUD and DRI. At the
time of this PUD approval, the Managing Entity is Hacienda Lakes of Naples LLC.
Should the Managing Entity desire to transfer the monitoring and commitments to a
Hacienda Lakes MPUD, PUDZ- 2006 -AR -10146
July 21, 2011 CCPC
Revised: 7113111
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Page 10 of 26
10/11/2011 Item 8. D.
successor entity, then it must provide a copy of a legally binding document that needs to
be approved for legal sufficiency by the County Attorney. After such approval, the
Managing Entity will be released of its obligations upon written approval of the transfer
by County staff, and the successor entity shall become the Managing Entity. As Owner
and Developer sell off tracts, the Managing Entity shall provide written notice to County
that includes an acknowledgement of the commitments required by the PUD and DRI 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 and DRI are closed -out, then the
Managing Entity is no longer responsible for the monitoring and fulfillment of PUD and
DRI commitments.
To summarize, Zoning Staff could find the proposed MPUD to be compatible and
complementary to the surround land uses subject to the following conditions of approval:
1) The proposed height for the residential uses above 45 feet in height in the Commercial
area shall be located in the R/MU tract or within 400 feet of the First Assembly PUD;
2) Horse stable and related equestrian facilities as accessory use in the residential areas are
prohibited;
3) Recreational Vehicles Park use is prohibited;
4) The use Building Construction (Groups 1521 -1542) within the BP tract is prohibited;
5) The BP district structures shall be limited to a maximum of 35 -foot of actual height and
all setbacks shall be a minimum of 50 feet, except boundaries that are shared with
residential uses, in which case the setbacks shall be a minimum of 100 feet. ^
6) The PUD document shall be revised to remove conversion ratios for all uses except care
units, group housing, and group housing units.
7) Modify PUD Ordinance Exhibit materials to include provisions /standards for human
scale development, pedestrian orientation and focus, and pedestrian and bicycle facilities
for Activity Center No. 7 and its interconnected portions of the project. A project of this
size and complexity should contain a bicycle /pedestrian and transit master plan that
identifies the following:
• Connections from each residential neighborhood and commercial development
between each component of the project and to the established CR -951 Greenway
and the existing or planned transit system;
• Expanded transit shelters to accommodate existing and future demand. Staff
recommends several transit shelters that are adequately sized and afford seating
(Pavilion shelters at a minimum of 20'x20'), protection from the elements, bike
racks or storage facilities, and immediate access to the bicycle /pedestrian
network.
8) Modify PUD Ordinance Exhibit materials in Exhibit B, Development Standards:
Maximum Density and Intensity Section, Residential Density, additionally in Exhibit F,
List of Owner Commitments and elsewhere as necessary to include statements
committing to develop a minimum of 13 residential units in the nearest portion of the
adjacent "R ", Residential Tract. [appears only in an asterisked informational note, on pg. 1
of Exhibit A].
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Page 11 of 26
9)
10)
10/11/2011 Item 8.D.
Remove the wholesale distribution use (Medical, Dental, and Hospital Equipment and
Supplies (Group 5047)) presently proposed in Exhibit A, Permitted Uses for the "R/MU ",
Residential/Medical Use Tract.
Section X of the PUD document needs to be revised to state the following:
One entity (hereinafter the Managing Entity) shall be responsible for PUD and DRI
monitoring until close -out of the PUD and DRI, and this entity shall also be responsible
for satisfying all PUD/DRI commitments until close -out of the PUD and DRI. At the
time of this PUD approval, the Managing Entity is Hacienda Lakes of Naples LLC.
Should the Managing Entity desire to transfer the monitoring and commitments to a
successor entity, then it must provide a copy of a legally binding document that needs to
be approved for legal sufficiency by the County Attorney. After such approval, the
Managing Entity will be released of its obligations upon written approval of the transfer
by County staff, and the successor entity shall become the Managing Entity. As Owner
and Developer sell off tracts, the Managing Entity shall provide written notice to County
that includes an acknowledgement of the commitments required by the PUD and DRI 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 and DRI are closed -out, then the Managing Entity is
no longer responsible for the monitoring and fulfillment of PUD and DRI commitments.
Consider the recommendations presented above, as matters suggesting changes, revisions or
other actions, encouraged in support of the project prior to final consideration.
With limitations proposed by staff, staff is of the opinion that this project will be compatible with
the adjacent uses and zoning in the area.
Deviation Discussion:
The petitioner is seeking nine deviations from the requirements of the LDC. The deviations are
listed in PUD Exhibit E with the petitioners' rationale provided to support each deviation
provided in the Narrative & Basis for Approval document that is included in the application
material. Deviations are a normal off shoot of the PUD rezoning 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 standards by which flexibility may be accomplished, and while
protecting the public interest ....
Deviation #1 seeks relief from LDC Subsection 5.03.02.F.1., related to alteration of ground
where a fence or wall is to be installed, which prohibits alteration of existing ground levels for
the purpose of increasing the height of a proposed fence or wall, to allow fences or walls to be
installed on top of berms. Fence or wall heights shall comply with Deviation #5.
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10/11/2011 Item 8. D.
Petitioner's Rationale: The applicant states in his justification that "this deviation is
contemplated for the subject property for compatibility with the surrounding land uses and to provide
for a taller road noise attenuation barrier to separate vehicular movement on future private and public
roadways, as well as to provide for compatibility between the various permitted land uses. This
ground alteration in the Iocation of proposed fences and walls provides for an efficient use of the
development land area and provides an effective means of minimizing roadway related impacts on
land uses adjacent to roadways, whether public or private."
Staff Analysis and Recommendation: This deviation would allow the developer to measure
fences and walls from something other than what the LDC allows as shown below:
Fence and wall design standards in all districts:
1. Measurement offence or wall height:
a. Existing ground levels shall not be altered for the purpose of increasing the
height of a proposed fence or wall except as provided for in this section and
section 4.06.00.
b. Determination of ground level. The height of a fence or wall shall be
measured from the ground level at the fence or wall location. The County
Manager or designee shall determine the ground level for the purposes of
measuring the height when it has been determined that the ground level has been
altered for the purposes of increasing the height. In such determinations, the
County Manager or designee may consider, but is not limited to, the following
facts:
i. General ground elevation of the entire lot.
ii. In the case of a lot with varying ground elevations, the average
elevation over the length of the fence or wall and at points in the vicinity of the
fence or wall.
c. The ground elevation on both sides of the fence or wall. In measuring the
height, the ground elevation on the side of the fence or wall location that is at the
lowest elevation shall be used as a point from which the height is to be measured.
This deviation exceeds the intent of deviations that are to allow for PUD dimensional variations.
Deviations are not to be used to change how something is measured. The petitioner has sought
deviation #5 to allow for increased height of fences or walls; that deviation is the appropriate
mechanism to seek approval of taller fences or walls. If the petitioner wants taller fences or
walls than what is being sought in deviation #5, then deviation #5 needs to be revised.
Therefore, this deviation seems inappropriate.
Zoning and Land Development Review staff would recommend DENIAL of this deviation,
finding 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 10.02.13.13.51, 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."
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10/11/2011 Item 8.D.
/00,*N Deviation #2 seeks relief from LDC Subsection 6.06.013, related to streets in subdivisions, that
requires subdivisions to have platted road rights -of -way for streets, to allow private streets to be
provided by separate access easements rather than platted road rights -of way.
Petitioner's Rationale: The petitioner provided the following justification for this deviation:
Some of the multi - family residential development scenarios provided for in this MPUD
are compact in design, and the desire to plat the individual lots necessitates the use of
access easements rather than right -of -way tracts as is required by LDC. This deviation
from LDC requirements is innocuous given that the internal streets will function more as
driveways, similar to condominium projects, and will be privately maintained by the future
home owners association. The platting of the lots intended to be sold in a fee simple
manner will provide a greater sense of pride in ownership and will be consistent, and
compatible with the future, neighboring subdivisions within, and beyond the boundaries of
the MPUD.
Staff Analysis and Recommendation: The deviation is an oft - sought alternative. The LDC
Section 6.06.0l.0 allows developers of any type (zoned) project to seek alternatives pursuant to
LDC Section 6.06.01.0 at the time of platting. Those requests must be accompanied by
"documentation and justification for the alternate section based on sound engineering principals
and practices." These alternative designs are often sought as part of the zoning process so the
developer can have some assurances that the proposed Master Concept Plan is viable if the
Master Plan siting was calculated using an alternative design. The PUD deviation process
�. provides a way for the petitioner to acquire that assurance without being required to submit the
alternative design in compliance with LDC Section 6.06.01.0. Staff concurs with the applicant's
assessment of the situation for this particular project. Staff sees no detrimental effect if this
deviation request is accommodated.
Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding
that in compliance with LDC Section 10.02.13.A.3 the petitioner has demonstrated that "the
element may be waived without a detrimental effect on the health, safety and welfare of the
community," and LDC Section 10.02.13.B.5.h the petitioner has demonstrated that the deviation
is "iustified as meeting Dublic purposes to a degree at least equivalent to literal application of
such regulations."
Deviation 93 seeks relief from LDC Section 5.04.04.B.5.c that limits the number of model
homes, to allow one model home for each variant of the residential product proposed in the
various phases or communities within the project. The number of model homes may exceed five
for each phase or community within the project, but shall not exceed a total of 60 models for the
entire MPUD development.
Petitioner's Rationale: The petitioner provided the following justification for this deviation:
A project of this size may be broken into several communities, with each community
potentially providing a variety of residence types, styles and floor plans, it is essential not
to arbitrarily limit the opportunity of a home buyer to see the creativity of the architecture
proposed in a development. This deviation is appropriate, and does not negatively affect
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10/11/2011 Item 8. D.
the health and safety, or welfare of the future residents of the development. A reasonable '~
limitation on the number of models (e.g.: not to exceed 60 models for the entire MPUD)
has been provided for in the MPUD Document.
Staff Analysis and Recommendation: Due to the size of the project, staff agrees that some
allowance can be made to allow additional model units. Staff concurs with the applicant's
assessment of the situation for this particular project. Staff sees no detrimental effect if this
deviation request is accommodated. However, staff suggests that the developer be required to
provide documentation at each development order stating how many models are in operation to
ensure the total of 60 is not exceeded.
Zoning and Land Development Review staff recommends APPROVAL of this deviation with the
stipulation that the developer provide the number of existing model home /units as part of the
application material for every development order, 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 up blic
purposes to a degree at least equivalent to literal application of such regulations."
Deviation #4 seeks relief from LDC Section 5.06.02 to allow "boundary marker" signage on
property corners fronting on existing, proposed, or future public roadways that provide access to
the MPUD. The sign content area for "boundary markers" to be located in the Residential Tract
R may be 15 feet in height rather than 8 feet in height for ground signs as limited in LDC
Subsection 5.06.02B.6.b.
Petitioner's Rationale: The petitioner provided the following justification for this deviation:
This deviation is requested primarily for safety and welfare reasons. Given existing
traffic conditions on Collier Boulevard, and in anticipation of travel conditions on
future public roadways, the requested signage will help motorists identify the entrance
location from a distance that is sufficient to allow them to safely gain access to the
property. The sign content area for boundary markers to be located in the Residential
Tract R may be 15 feet in height rather than 8 feet as limited in LDC Subsection
5.06.02.B.6.b. This additional sign height is deemed necessary due to the elevations of
the existing and future public roadways.
Staff Analysis and Recommendation: Due to the size of the project, staff agrees that some
additional signage may be appropriate; however the term "boundary marker" is not a defined
term. In order for staff to adequately understand and enforce the provisions of this PUD, the
term needs to be clearly defined. In speaking with the applicant's agent, a boundary marker sign
is to be a sign located at project corners of roadways. Also, it was explained to staff that the sign
copy would be limited to the name of the overall project— Hacienda Lakes —not individual tracts
within the overall project. Also the sign copy could include the project's logo. These signs
would be in addition to any other signs permitted by the LDC.
Staff could support this deviation if the deviation is limited such that the sign copy is limited to
the overall project name and its logo, and further limited to placement only on roadways that
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10/11/2011 Item 8. D.
/01%11 function as arterial or collector roadways, given the potential increased traffic and possible
higher speeds of that traffic over a local or a private roadway. These limitations would need to
be added into the PUD document.
Zoning and Land Development Review staff recommends APPROVAL of this deviation if the
limitations noted above are incorporated into the PUD document finding that, in compliance
with LDC Section 10.02.13.A.3 the petitioner has demonstrated that "the element may be
waived without a detrimental effect on the health safety and welfare of the community," and
LDC Section 10.02.13.B.5.h the petitioner has demonstrated that the deviation is "justified as
meeting public purposes to a degree at least equivalent to literal application of such regulations."
Deviation #5 seeks relief from LDC Section 5.03.02.C.2. that limits fence or wall heights to six
(6') feet, to allow fences or walls to be no greater than eight (8') feet throughout the
development. Where associated with existing or future public roadways, or Tract A, a 20 -foot-
tall visual screen may be installed as a wall, berm, or wall/berm combination.
Petitioner's Rationale: The petitioner provided the following justification for this deviation:
This deviation is requested to provide for separation screening between the various
residential communities that may be created throughout the MPUD, as well as between
units as privacy walls. Where associated with existing or future public roadways, or the
swamp buggy track within the Attraction Tract, a 20 foot tall visual and sound
attenuating screen may be installed as a wall, berm, or wall/berm combination. The LDC
limitation of six foot fences and walls do not provide for the necessary screening and sound
attenuation desired for the development.
Staff Analysis and Recommendation: Staff finds the petitioner's deviation and rationale
supportable for this project. A twenty -foot high wall seems appropriate given the uses proposed
in the Attraction tract.
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 "iustified as meeting uublic nurnoses to a degree at least eauivalent to literal application of
such regulations."
Deviation #6 seeks relief from LDC Sections 4.02.13 G., and 4.06.02 C.5., that requires a six
foot tall opaque architecturally finished masonry wall, or berm, or combination thereof be
provided around the boundaries of a business park. Buffering around the proposed Business
Park Tract would be as required by the entirety of the referenced sections of the LDC, but the six
foot wall, or berm, or combination thereof would only be required where the Business Park Tract
abuts the Residential Tract.
Petitioner's Rationale: The petitioner provided the following justification for this deviation:
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10/11/2011 Item 8. D.
This deviation is appropriate given the specific characteristics of the existing and
proposed land uses that would be proximate to the future business park land uses. The
required buffer is most appropriate between the Business Park Tract and the Residential
Tract, and furthers the intended compatibility assurance that would be achieved through
such separation and buffering. The Applicant finds that the land uses permitted in the
Attraction Tract would not be susceptible to significant impacts from noise, odor, or glare
impacts that may emanate from future business park land uses given that the character of
the land uses permitted in the Attraction Tract may be complementary to those land uses
that may be developed in the Business Park Tract. The primary land use of the Attraction
Tract being periodic swamp buggy and other motorized vehicle competitions may garner
fabrication or other mechanical support services from future business park land uses.
While the spatial and landscape buffer requirements of the LDC would be upheld, the
requirement to construct wall or berm to a height of six feet would not apply to the
boundaries of the Business Park Tract abutting the Attraction Tract and Preserve Tract.
No land alterations or structures are permitted in the Preserve Tract that would require
compatibility buffering from future land uses that may be developed in the Business Park
Tract, therefore, no wall or berm is required along this common boundary.
Staff Analysis and Recommendation: The Business Park (BP) does not appear to abut any
Preserve Tracts. In fact, the abutting tracts are Residential (R) and Public Facilities (PF). The
tract also has frontage along The Lord's Way, with the Attraction Tract located on the other side
of The Lord's Way. Given the extensive list of potential uses and lack of any detail as to the site
design (location of buildings or other appurtenances such as communication towers) and the
information presented in other areas of this staff report, staff cannot support this deviation. Staff
does not believe a reduction of the wall requirement would be in keeping with the purpose and
intent of the BP Zoning District.
Zoning and Land Development Review staff recommends DENIAL of this deviation finding
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 10.02.13.13.51, the petitioner has NOT demonstrated that the
deviation is "justified as meeting _ up blic purposes to a degree at least equivalent to literal
application of such regulations."
Deviation #7 seeks to allow one real estate sign in addition to the real estate signage permitted in
LDC Section 5.06.02 B.2., that would be erected off -site from the Residential Tract, in the
Commercial Tract.
Petitioner's Rationale: The petitioner provided the following justification for this deviation:
This deviation is intended to provide exposure of the residential marketing efforts for
communities in the MPUD that lie east of the commercial portion of the Project through
off -site real estate signage to be located in the Commercial Tract. This one additional real
estate sign, of the height and dimensions of LDC Section 5.06.02 B.2.c., would be more
evident to the motoring public either on Collier Boulevard, or on the future extension of
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10/11/2011 Item 8. D.
Rattlesnake Hammock Road. This deviation is appropriate given the distance that the
residential development areas are from the major public roadway accesses to the MPUD.
Staff Analysis and Recommendation: Staff finds the petitioner's deviation and rationale
supportable for this project.
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 10.02.133.51, the petitioner has demonstrated that the deviation
is "iustified as meeting public purposes to a degree at least equivalent to literal application of
such regulations."
Deviation #8 The existing Swamp Buggy sign located in the southeast corner of Rattlesnake
Hammock Road and Collier Boulevard shall be allowed to remain in the present location until:
the sign is relocated to allow the construction of the bridge to extend Rattlesnake Hammock
Road, and/or a new sign can be permitted in Tract C.
Petitioner's Rationale: The petitioner provided the following justification for this deviation:
The existing Swamp Buggy sign located in the southeast corner of Rattlesnake Hammock
road and Collier Boulevard shall be allowed to remain until a new sign can be permitted
n in Tract C. This deviation is consistent with Resolution Number 2011 -57, that approved
an after the fact sign variance for the existing Florida Sports Park/Swamp Buggy Races
sign.
Staff Analysis and Recommendation: Staff finds the petitioner's deviation and rationale
supportable for this project.
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 " iustified as meeting public pumoses to a degree at least eauivalent to literal application of
such regulations."
Deviation #9 seeks relief from LDC Section 5.05.04 D.1. that limits care unit Floor Area Ratio
(FAR) to 0.45, to allow a care unit FAR of 0.60.
Petitioner's Rationale: The petitioner provided the following justification for this deviation:
This deviation is consistent with past approvals for floor area ratios associated with "care
units" that provide housing for senior citizens. This deviation will allow for efficiency in
design of care unit land uses while providing for the supporting infrastructure and open
space within a development parcel.
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10/11/2011 Item 8.D.
Staff Analysis and Recommendation: Staff finds the petitioner's deviation and rationale
supportable for this project.
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 10.02.13.13.5.11, the petitioner has demonstrated that the deviation
is_ "iustified as meeting public purposes to a degree at least equivalent to literal application of
such regulations."
FINDINGS OF FACT:
PUD Findings: LDC Subsection 10.02.13.13.5 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 has reviewed the proposed rezone and believes the uses and property development
regulations are compatible with the development approved in the area as limited by staff.
If staffs limitations are accepted, the commitments made by the applicant should provide
adequate assurances that the proposed change should not adversely affect living conditions r�
in the area.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contracts, or other instruments, or for amendments in those proposed, particularly as they may
relate to arrangements or provisions to be made for the continuing operation and maintenance
of such areas and facilities that are not to be provided or maintained at public expense.
Documents submitted with the application, which were reviewed by the County Attorney's
Office, demonstrate unified control of the property. Additionally, the development will be
required to gain platting and /or site development approval. Both processes will ensure that
appropriate stipulations for the provision of and continuing operation and maintenance of
infrastructure will be provided by the developer.
3. Conformity of the proposed Planned Unit Development with the goals, objectives, and
policies of the Growth Management Plan (GMP).
Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives
and policies of the GMP within the GMP discussion and the attached report from
Comprehensive Planning staff and the zoning analysis of this staff report. Based on those
staff analyses, planning zoning staff is of the opinion that this petition may be found
consistent with the overall GMP with the staff recommended limitations.
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.
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10/11/2011 Item 8.D.
Staff has provided a review of the proposed uses and believes that the project will be
compatible with the surrounding area, subject to approval of the recommended limitation
of staff, the proposed development standards and project commitments.
S. The adequacy of usable open space areas in existence and as proposed to serve the
development.
The amount of native preserve aside for this project meets the minimum requirement of
the LDC.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
The developer has proposed that this project will be developed in one, eight -year long
phase and has provided the following breakdown (as found in the DRI DO Maps H -2 -4):
ESTIMATED [�EVELQPME�li' SCHEDULE
Stage
One
Year
Residential
Single-Family
Mutt/- FamiEy
Retail
{litice
Business. Park:
—School
2i1i2
50 Units
20 Units
3d} Units
27,5W SF
0.08F
O.Q SF
2013
20iD Units
100 Units
100 Units
150.ttf3Q SF
20 ,OW SF
0.0 SF
2tY14
200 Units
i0it Units
100 Units.
150 1304 SF'
25,000 SF
40,001) SF
2015
250 Units
100 Units
150 Units
0.0 SF
25,000 8F
fl.Q SF
2€it6
250 Unity
100 Units
1513 Units
0.0 SF
0.0 SF
0A SF
950 Units
420 Units
530 Units
327,5tifl SF
7t },iIQQ SF
4Q,OdQ SF
ESTIMATED DEVELOPMENT SCHEDULE
Stage
Two
Year
Residential
Single-Family
Multi-Family
Retail
Of lice
Business Pane
School
zols
� Units
Q units
25 units
0.0 SF
o_Q SF
20 ,009 SF
919 Students
2015
25 Units
0 Units
25 Units
0.0 SF
0.0 SF
24 OOQ SF
2017
275 Units
100 Units
175 Units
0.0 SF
0.0 SF
20 000 SF
2018
275 Uriitss
i{l0 Units
175 Units
0.0 SF
fl.0 SF
20,000 SF
2i1i9
210 Units
84 //tilts
126 Units
0.0 SF
0.0 SF
20 ,COD SF
810 Ur►Os
284 Units
526 Units.
4
0
100,000 SF
919 Students
Totats: 1764 Units 704 Units 1,056 Units 327,500 SF 70,000 SF 140,000 SF 919 Students
'The 133 Room is pmposed to be deaelaped in Phase One, in 2014.
The DRI DO document addresses the phasing of the project as to determinations of any
substantial deviation if the phasing schedule is violated, in compliance with Florida
Statutes.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
The area has adequate supporting infrastructure such as road capacity, wastewater
disposal system, and potable water supplies (with the mitigation provided in the PUD
document and the DRI DO) 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
nthe 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.
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The DRI DO document addresses the phasing of the project as to determinations of any
substantial deviation if the phasing schedule is violated, in compliance with Florida
Statutes.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
The area has adequate supporting infrastructure such as road capacity, wastewater
disposal system, and potable water supplies (with the mitigation provided in the PUD
document and the DRI DO) 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
nthe 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.
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10/11/2011 Item 8. D.
The petitioner is seeking nine deviations to allow design flexibility in compliance with the
purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A).
This criterion requires an evaluation of the extent to which development standards and
deviations proposed for this PUD depart from development standards that would be
required for the most similar conventional zoning district. Staff has provided an analysis
of the deviation requests in the Deviation Discussion portion of this staff report, and is
recommending support of Deviations 2, 5, 7, 8 and 9; support with limitations of Deviation
3 and 4; and Denial of Deviations 1 and 6 as explained in the deviation section of this staff
report.
Rezone Findinizs: LDC Subsection 10.03.05.1, states, "When pertaining to the rezoning of land,
the report and recommendations to the planning commission to the Board of County
Commissioners... shall show that the planning commission has studied and considered proposed
change in relation to the following when applicable" (Staff's responses to these criteria are
provided in bold font):
1. Whether the proposed change will be consistent with the goals, objectives, & policies of
the Future Land Use Map and the elements of the Growth Management Plan.
The zoning analysis provides an in -depth review of the proposed project. Staff is of the
opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the
project to be compatible with neighborhood development. Staff recommends that this
petition be deemed consistent with the FLUE of the GMP if staffs conditions of approval
are adopted. The petition can also be deemed consistent with the CCME. Therefore, staff
recommends that this petition be deemed consistent with the GMP subject to staffs
conditions of approval.
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 rezone is appropriate given the existing land use pattern, and
development restrictions included in the PUD.
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 because there are
lands to the west along CR 951 that are also zoned PUD (see Zoning Map).
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 given the
current property ownership boundaries. The rezoning does create one isolated pocket;
however that site is a state -owned preservation area upon which no development is
planned. The proposed uses around this pocket are shown as preserve.
5. Whether changed or changing conditions make the passage of the proposed rezoning
necessary.
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10/11/2011 Item 8.D.
The proposed rezone is not necessary, per se; but it is being requested in compliance with
the LDC provisions to seek such the rezone to allow the owner the opportunity to develop
the land with uses other than what the existing zoning district would allow. Without
rezoning, the agriculturally zoned tracts could not be developed with the proposed uses or
with the proposed property development regulations. The applicant's request is consistent
with the proposed GMPA.
6 Whether the proposed change will adversely influence living conditions in the
neighborhood;
Staff is of the opinion that the proposed rezone, with the commitments made by the
applicant, can been deemed consistent County's land use policies that are reflected by the
Future Land Use Element (FLUE) of the GMP. The project includes numerous restrictions
and standards that are designed to address compatibility of the project. Development in
compliance with the proposed PUD rezone should not adversely impact living conditions in
the area.
7. Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because of peak volumes
or projected types of vehicular traffic, including activity during construction phases of the
development, or otherwise affect public safety.
The roadway infrastructure has adequate capacity to serve the proposed project with the
mitigation that will be provided by the developer. Staff believes the petition can be deemed
consistent with all elements of the GMP if the mitigation is included in any
recommendation of approval.
8. Whether the proposed change will create a drainage problem;
The proposed rezone will not create drainage or surface water problems. The developer of
the project will be required to obtain a surface water management permit from the
SFWMD prior to approval of a local site development plan. The conceptual master plan
identifies the conceptual location of the water management areas which will be a
component of the water management system.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
If this rezone petition is approved, any subsequent development would need to comply with
the applicable LDC standards for development or as outlined in the PUD document. The
location of the proposed buildings, combined with the setbacks and project buffers will
help insure that light and air to adjacent areas will not be reduced.
10. Whether the proposed change will adversely affect property values in the adjacent area;
This is a subjective determination based upon anticipated results, which may be internal or
external to the subject property. Property valuation is affected by a host of factors
including zoning; however zoning by itself may or may not affect values, since value
determination is driven by market conditions.
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11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations;
The proposed zoning change should not be a deterrent to the improvement of adjacent
properties.
12. Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasting with the public welfare;
The proposed development complies with the Growth Management Plan which is a public
policy statement supporting zoning actions when they are consistent with said
Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant
of special privilege. Consistency with the FLUE is further determined to be a public
welfare relationship because actions consistent with plans are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning;
The subject property could be developed within the parameters of the existing zoning
designations; however, the petitioner is seeking this rezone in compliance with LDC
provisions for such action. The petition can be evaluated and action taken as deemed
appropriate through the public hearing process. Staff believes the proposed rezone meets
the intent of the PUD district, if staffs conditions of approval are adopted, and further,
believes the public interest will be maintained.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
County;
The petitioner proposes to develop a large, multi- faceted, mixed use development on 2,262±
acres. The new non - residential uses will be located nearer to the intersection of
Rattlesnake Hammock and CR 951, which is consistent with the current non - residential
use trend in the area, and consistent with the proposed GMPA. Residential uses will be
located west of the proposed public right of way reservation in the northern portion of the
project and along both sides of the project in the area south of the proposed Rattlesnake
Hammock extension. Preserve areas are located on the eastern project perimeter. The
overall project density of 0.78 units per acre makes the project a low density project. The
project has been evaluated for compliance with the GMP and found to be consistent with
the GMP requirements, as amended, if staffs conditions of approval are adopted. 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 if the staff
stipulations are adopted. .
15. Whether is it impossible to find other adequate sites in the County for the proposed use in
districts already permitting such use.
The petition was reviewed on its own merit for compliance with the GMP and the LDC;
and staff does not review other sites in conjunction with a specific petition. The proposed --�
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rezone is consistent with the GMP as it is proposed to be amended as discussed in other
portions of the staff report.
16 The physical characteristics of the property and the degree of site alteration, which
would be required to make the property usable for any of the range of potential uses under the
proposed zoning classification.
Most new development anticipated by the PUD document would require considerable site
alteration. This project will undergo extensive evaluation relative to all federal, state, and
local development regulations during the site development plan or platting approval
process and again later as part of the building permit process..
17. The impact of development on the availability of adequate public facilities and services
consistent with the levels of service adopted in the Collier County Growth Management Plan and
as defined and implemented through the Collier County Adequate Public Facilities Ordinance,
as amended.
This petition has been reviewed by county staff that is responsible for jurisdictional
elements of the GMP as part of the rezone process and those staff persons have concluded
that no Level of Service will be adversely impacted with the commitments contained in the
PUD document and the DRI DO.
18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC)
shall deem important in the protection of the public health, safety, and welfare.
To be determined by the BCC during its advertised public hearing.
NEIGHBORHOOD INFORMATION MEETING (NIM):
Dwight Nadeau, Planning Manager of RWA began the NIM meeting at 5:30pm. Dwight
introduced himself, David Torres, Manager of Hacienda Lakes of Naples, LLC; Richard
Yovanovich of Coleman, Yovanovich & Koester, P.A.; and Bob Mulhere of Mulhere &
Associates. Collier County Staff— Kay Deselem & Corby Schmidt were also present.
Dwight presented a general project overview and provided a fact sheet which included pertinent
development information related to residential yield non- residential land use intensities,
recreational and attraction land uses, and preservation areas. Dwight provided the current status
of the project with respect to future hearing dates for adoption and also explained the process of
notifying the surrounding property owners of the Neighborhood Information Meeting (NIM).
The following concerns were raised by the property owners and addressed by the applicant and
agent team.
Preserve Area — How will this development impact wildlife and their horses? Many residents go
horseback riding. Will the Agricultural zoning remain the same? David stated, the conservation
land would not be affected. Public Agencies are involved, i.e. the Florida Fish and Wildlife
Commission are also concerned and would ultimately be the governing party.
Affordable Housing — Is there a provision for Affordable Housing? David stated, No,
^, Affordable Housing is not a component of this PUD
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Benfield Corridor — Will the Benfield Corridor start up again and if so, will Hacienda be
expected to fund the development. Rich stated, We do not know what the future holds, but we
are not required to fund the future roadway.
Time line for Construction — Rich stated, they are currently going through State Agency
approvals. Construction would begin when the market deemed it appropriate.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION•
The Environmental Advisory Council (EAC) reviewed this project on June 1, 2011. The EAC
voted 5 to 0 to recommend approval subject to the conditions of approval contained in the EAC
Staff Report which are listed below:
1) The developer shall submit an updated listed species survey prior to the next Development
Order.
2) The developer shall coordinate installation of the Sabal Palm culvert crossings and associated
spreader swales with Collier County and the South Florida Water Management District and
to occur prior to the first preliminary acceptance.
Conditions reflecting those requirements have been included in the PUD document as the
recommendation from the EAC was the same for both the DRI and the PUD petitions. Staff and
the applicant are of the opinion that it is more appropriate to place these requirements in the PUD
document as the issues being addressed are local issues.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office has reviewed the staff report for this petition on July 6, 2011.
RECOMMENDATION:
Zoning and Land Development Review Services staff recommends that the Collier County
Planning Commission forward Petition PUDZ - PUDZ -AR -10146 to the BCC with a
recommendation of approval subject to staff's conditions of approval as listed beginning on page
11, and further limited to the following actions on the deviations:
Approval of Deviations 2, 5, 7, 8 and 9;
Approval with Deviation 3 with the stipulation that the developer provide the number of existing
model home /units as part of the application material for every development order;
Approval of Deviation 4 with the stipulation that the boundary marker signs shall be limited such
that the sign copy is limited to the overall project name and its logo, and further limited to
placement only on roadways that function as arterial or collector roadways;
Denial of Deviations # 1 and 6.
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&"t--
KAY DV-SELEM, AICP, PRINCIPAL PLANNER
DEPARTMENT OF LAND DEVELOPMENT SERVICES
RA ND V. BELLOWS, ZONING MANAGER
DEPARTMENT OF LAND DEVELOPMENT SERVICES
/0—IN WtLLLA.M D. L—OkYNZ At, P.E., DIRECTOR
DEPARTMENT • LAND DEVELOPMENT SERVICES
P T M
N�C�ASAL�WNdj �JDA, I)Ert- �-�b INNTRATOR
GROWTH MANAGEMENT 9 1SION
10/11/2011 Item 8. D.
715111 -
I DATE
07 - I z -?-Ott --
DATE
M
Tentatively scheduled for the September 13, 2011 Board of County Commissioners Meeting
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10/11/2011 Item 8. D.
To: Kay Deselem, AICP, Principal Planner, Zoning Services Section
From: Corby Schmidt, AICP, Principal Planner
David Weeks, AICP, Planning Manager
Comprehensive Planning Section,
Land Development Services Department,
Growth Management Division — Planning & Regulation
Date: July 12, 2011
Subject: Future Land Use Element (FLUE) and Conservation and Coastal Management Element (CCME)
Consistency Review
PETITION NUMBER: PUDZ- 2006 -AR -10146
PETITION NAME: Hacienda Lakes Mixed -Use Planned Unit Development (MPUD), as a Development of
Regional Impact (DRI)
This PUDZ is just one leg of the trio of petitions comprising the Hacienda Lakes proposal. The Hacienda Lakes
project team also submitted companion DRI-2006-AR-1 0 147 for the development impacting the region, and CP-
2006-11 for amendments to the Future Land Use Element (FLUE) and Conservation and Coastal Management
Element (CCME).
SUBJECT SITE FUTURE LAND USE DESIGNATIONS: The County's Future Land Use Map designates
[approximately 1,637 acres] of the subject site as Rural Fringe Mixed Use District ( RFMUD) Sending Lands,
Belle Meade Natural Resource Protection Area (NRPA) Overlay.
The balance of the site has the future land use designations of the Urban Residential Fringe (URF) Subdistrict,
and Mixed Use Activity Center (MUAC) No. 7. Policies and Provisions for these designations are located in the
FLUE and the CCME of the Growth Management Plan.
The Hacienda Lakes MPUD application has been reviewed within the context of the FLUE and the CCME. In
particular, this proposed PUD rezone has been reviewed for its consistency with the URF, MUAC and RFMUD
provisions of the FLUE under which this proposed PUDZ is to be approved. The following comments and
findings are provided with respect to this application for approval of the Hacienda Lakes MPUD:
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COMPREHENSIVE PLANNING COMMENTS:
ANALYSIS OF THE URBAN RESIDENTIAL FRINGE SUBDISTRICT
The Urban Residential Fringe Subdistrict is affected by the adoption of companion petition CP- 2006 -11, stating,
"Up to 1.0 unit per gross acre via the transfer of up to one (1.0) dwelling unit (transferable development right)
per acre from lands located within one mile of the Urban Boundary and designated as Rural Fringe Mixed Use
District Sending Lands, except in the case of properties that straddle the Urban Residential Fringe and the Rural
Fringe Mixed Use Sending Lands designations, and meet the other Density Blending criteria provided for in
subsection 5.2 of the Density Rating System, which may achieve an additional maximum density of up to 1.3
units per gross acre for all lands designated as Urban Residential Fringe via the transfer of up to 1.3 dwelling
units (transferable development rights) per acre from lands located within one mile of the Urban Boundary and
designated as Rural Fringe Mixed Use District Sending Lands." [emphasis added]
ANALYSIS OF FLUE MIXED USE ACTIVITY CENTER PROVISIONS
The FLUE states, "the Mixed -Use Activity Center concept is designed to concentrate almost all, new
commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and
disorganized patterns of commercial development, and to create focal points within the community. Mixed Use
Activity Centers are intended to be mixed -use in character. Further, they are generally intended to be developed
at a human- scale, to be pedestrian- oriented, and to be interconnected with abutting projects — whether
commercial or residential. Street, pedestrian pathway and bike lane interconnections with abutting properties,
where possible and practicable, are encouraged.
Allowable land uses in Mixed Use Activity Centers include the full array of commercial uses, residential uses,
111—N institutional uses, hotel /motel uses at a maximum density of 26 units per acre, community facilities, and other
land uses as generally allowed in the Urban designation. The actual mix of the various land uses shall be
determined during the rezone process based on consideration of the factors listed below.
Mixed -use developments — whether consisting of residential units located above commercial uses, in an attached
building, or in a freestanding building — are allowed and encouraged within Mixed Use Activity Centers... In
order to promote compact and walkable mixed -use projects, where the density from a mixed -use project is
distributed outside the Activity Center boundary:
(1) the mixed -use component of the project within the Activity Center shall include a minimum of thirty
percent (30 %) of the Activity Center - accumulated density;
(2) the dwelling units distributed outside the Activity Center shall be located within one third (1/3) of a mile
of the Activity Center boundary; and,"
A minimum of 17 residential units are proposed to be located in the MUAC No. 7, "C ", Commercial Tract. The
MPUD Dwelling Unit Entitlement Summary, provided in the Statement of Compliance, indicates that the
Activity Center accumulates 55.0 units of base density [at 1.5:1 ].
The Activity Center accumulated density is interpreted to mean those residential units generated from the within
the southeast quadrant and not those units received from RFMUD Sending Lands.
Thirty percent of this Activity Center accumulated density is 16.5, so the proposed 17 residential units are
correctly apportioned to within the MUAC. Refer to Exhibit B, Development Standards: Maximum Density and
Intensi Section, Residential Density.
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The balance of 38 residential units are required to be located within one -third of a mile from the Activity Center
(55 — 17 = 38). This third -of -a -mile area occupies the "R/MU ", Residential/Medical Use Tract and nearest
portion of the adjacent "R ", Residential Tract.
A minimum of 25 residential units are proposed to be located in the "R/MU ", Residential/Medical Use Tract.
Refer to Exhibit B, Development Standards: Maximum Density and Intensity Section, Residential Density.
The calculations leave a minimum of 13 residential units to be located in the nearest portion of the adjacent "R ",
Residential Tract (38 — 25 = 13). No development standard is currently included in the proposed Exhibit B
however, to specifically address these 13 residential units. PUD Ordinance Exhibit materials are to include this
item [conveniently in Exhibit B, Development Standards: Maximum Density and Intensity Section, Residential
Density], additionally in Exhibit F, List of Owner Commitments and elsewhere as necessary].
FLUE Mixed -Use Activity Center provisions go on to require,
"(3) the portion of the project within the Activity Center shall be developed at a human scale, be pedestrian -
oriented, and be interconnected with the remaining portion of the project with pedestrian and bicycle
facilities."
Provisions for human scale development, pedestrian orientation and focus, and pedestrian and bicycle facilities
for Activity Center No. 7 and its interconnected portions of the project are not part of MPUD Ordinance
Exhibits at this time.
A number of practices to interpret and implement directive No. (3) established in MUAC are found in the
Toward Better Places - The Community Character Plan for Collier County Florida. The Community Character
Plan features the most useful aspects of traditional neighborhood design (TND), smart growth, traffic calming,
new urbanism and other contemporary planning practices — now evolved to sustainable development and
complete streets. A sampling of those practices that follow from the Community Character Plan (CCP)
suggested as applicable to the commercial portion of the project include:
Shallow setbacks; A unified architectural theme and parking characteristics; A unified development design
and continuity between [within or among] components [pods or tracts]; Pedestrian -scale street lighting, with
a unified style and theme; Both pedestrian and bicycle interconnections provided between the commercial
and adjoining components; Density blending provisions encouraging a blend of densities, and a range of
housing prices and types, in a "delicate gradient" from center to edge.
Traditional neighborhood design and the CCP offer ideas that help avoid the problems associated with sprawl.
Commercial buildings can be situated with shallow front setbacks and minimal parking in front of the building.
Pedestrian walkways surrounding the commercial building(s), with pedestrian scale lighting and landscape
plantings can increase safety by effectively separating people from traffic.
It is recommended that a design theme be established for the overall development — or a unified theme with
common features between and among the different development pods. These design features are required to be
consistent throughout commercial use areas and office facilities, and encouraged to be consistent throughout
commercial use areas and office facilities outside MUAC No. 7, and residential and non - residential land use
areas to be developed. These common features should address building styles, public areas and community
facilities, street lighting and signage, and so forth.
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➢ A sampling of informational resources:
➢ New centers should plan for human beings, not cars, by grouping buildings in closer proximity to form the
walls of "outdoor rooms ". Get value from unused space by giving it a sense of enclosure. The highest
property values are typically found where there is such a constrained open space.
[New Urbanism: Best Practices Guide]
➢ Put an emphasis on the people walking and bicycling and also on public life in general. That means designs
start with the people and end with all the other things. Motor traffic and buildings are second priorities.
For pedestrians, you'll find 3- miles -an -hour architecture. Everything is detailed and scaled in such a way
that one has a glorious time moving at 3 miles per hour.
But also we can talk about 50- miles -an -hour architecture, which would be the scale of maybe suburbs, and
that scale is really awful to walk and bicycle in because it's not meant to be negotiated at 3 miles per hour.
It's made for 50 miles per hour [city planner Jan Gehl]
➢ Pedestrian - oriented and scaled toward human interaction.
[Planetizen]
➢ Locate development by concentrating height and mass at nodes and gateways. [Urbanist's Diary]
➢ Incorporate streetscapes by reflecting the architectural character of surrounding buildings (e.g., similar
design concepts, window patterns, entry configurations, orientation to the street, exterior materials).
A building's scale refers to its perceived size in relation to a person (i.e., human scale) or neighboring
structures (i.e., architectural scale). Adjacent buildings sharing human - scaled architectural elements (e.g.,
windows, doors, porches, vestibules, stoops, awnings at entrance level, other ground -level pedestrian
amenities) help establish an inviting, pedestrian- oriented streetscape.
Incorporating architectural elements of a human scale into a larger structure's design facilitates a building's
integration into a neighborhood with a smaller scale. For instance, on small or narrow sites the massing and
design of a building can reduce the perception of its bulk and incompatibility with adjacent structures.
[Critical Design Practices: Building Design & Materials]
These samplings provide context in order to meet the requirements for human scale development and pedestrian
orientation and focus. Staff recommends incorporating a number of these elements in Hacienda Lakes,
including terraced setbacks to the upper floors of taller buildings, pedestrian scale lighting and landscape
plantings, distribution of parking to two or more sides of buildings, architectural elements defined by each
building story, and so forth. Incorporating a number of these requirements may necessitate that additional
conditions be applied to the approval of the MPUD, while others may be added to the MPUD Ordinance
exhibits themselves.
As one example, the proposed building heights of 75 ft. [zoned] and 85 ft. [actual] — if left as proposed — do not
meet the required human scale aspect of this provision for the portion of the project within the Activity Center.
Staff observes and recommends:
❖ The MPUD Ordinance Exhibit B, Development Standards, Table I, Residential Development Standards,
Note No. 4 states, "[t]wo or three story multi - family structures may have terraced setbacks. Terraced
setbacks shall be measured from the ground floor exterior wall, as long as a minimum 15 -foot building
wall setback is provided as depicted in Figure 1 below." Maximum (zoned) heights for these residential
building types range from 35 ft. to 45 ft. and 75 ft. depending on specific structure type. Staff suggests
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terraced setbacks for the upper floors of taller buildings, and recommends adding another note to state
that '[mJulti family structures of more than three stories shall have terraced setbacks on street fronting
sides. Terraced setbacks shall be measured from the ground floor exterior wall, then from the next
higher set back exterior wall, as long as a minimum 6-foot building wall setback is provided on every
second story above two stories', or something comparable (different setback distance allowing for
viable arcades, balconies, etc.; different startingpoint; different intervals; applicable percentage; etc.).
❖ The MPUD Ordinance Exhibit B, Development Standards, Table II, Commercial, Public facility, and
Care Unit Development Standards proposes no special provision[s] or notation[s] addressing terraced
setbacks. Maximum (zoned) heights for commercial building types are 75 ft.. Staff suggests terraced
setbacks for the upper floors of taller buildings, and recommends adding a note to state that
'[ coommercial structures, office buildings or other structures permitted in the "C ", Commercial Tract of
more than three stories shall have terraced setbacks on street fronting sides. Terraced setbacks shall be
measured from the ground floor exterior wall, then from the next higher set back exterior wall, as long
as a minimum 6-foot building wall setback is provided on every second story above two stories', or
something comparable (different setback distance allowing for viable arcades, balconies, etc.; different
starting point; different intervals; applicable percentage; etc.).
ANALYSIS OF THE BUSINESS PARK SUBDISTRICT
The Business Park Subdistrict is affected by the adoption of companion petition CP- 2006 -11, stating, "When
located in a District other than the Urban Industrial District, the Business Park must have direct access to a road
classified as an arterial in the Transportation Element, except that a Business Park in Section 14, Township 50
South, Range 26 East may have access to an arterial road via The Lords Way."
LOCATION OF SUPPORT MEDICAL USES
In certain land areas designated as Urban, the FLUE provides for support medical uses as follows: "Support
medical facilities - such as physicians' offices, medical clinics, medical treatment centers, medical research
centers and medical rehabilitative centers, and pharmacies - provided the dominant use is medical related and
the site is located within '/o mile of existing or approved hospitals or medical centers which offer primary and
urgent care treatment for all types of injuries and traumas, such as, but not limited to, North Collier Hospital."
This MPUD Exhibit proposes Principal Use No. 9, "Medical, Dental, and Hospital Equipment and Supplies
(Group 5047) for the "R/MU ", Residential/Medical Use Tract. The SIC Use Group categorizes this use as the
wholesale distribution of such products. Wholesale distribution uses are not consistent with the use groups
identified in this FLUE provision, however, and are too dissimilar to be allowed as support medical facilities.
Remove this inconsistent listing and restructure appropriately.
COMMERCIAL DEMAND ANALYSIS
Demand for commercial development is virtually absent by the project team's re- submittal of the same market
study presented for transmittal of the companion CP- 2006 -11. The following findings were detennined at that
time and remain valid points for consideration:
• A sufficient amount of existing commercial development to meet demand is currently [available] within the
PUDZ application's defined market area. A surplus amount of floor area and acreage of potential
commercial development space (vacant land designated as commercial & vacant land zoned commercial) is
presently approved to meet demand.
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The shared, or competing market area (or areas), from nearby commercial [and commercially - planned]
locations lying outside the selected market area are disregarded. The lack of consideration for shared and
competing market areas is a critical shortcoming in the assessment of marketplace dynamics and leaves gaps
in the analysis.
Little or no attention is afforded to the development potential and market dynamics of Rural Villages in the
Rural Fringe Mixed Use District ( RFMUD). These factors influence the project's market area nonetheless.
Development of Rural Villages, which include commercial components expected to meet an amount of
commercial demand, is encouraged and expected in RFMUD Receiving Lands. The regional influences of
the commercial, office and business park components of the Hacienda Lakes project are dismissed by the
project team in their proposal for the MPUD. These influences are present even though the project team
does not address them.
A shortage of commercial land cannot be concluded from the Market and Needs Evaluation.
Other factors can be considered such as local physical characteristics, proximity to major similar uses such as
the medical center, unified design and strong local desire. These factors should be documented and weighed
against the impact on the existing approved acreage and square footage. An oversaturation may lead to market
instability, reduced land values and unsustainable rent pricing.
ANALYSIS OF FLUE OBJECTWE 7 AND ITS SUBSEQUENT POLICIES
FLUE Objective 7, and subsequent Policies 7.1 through 7.7, of the Future Land Use Element (FLUE) were
approved on October 26, 2004. This Objective and Policies incorporate certain "Smart Growth" provisions into
the FLUE to implement select practices found in the Toward Better Places - The Community Character Plan for
�. Collier County, Florida. The Community Character Plan provides the County with a policy document featuring
the most useful aspects of traditional neighborhood design (TND), smart growth, traffic calming, new urbanism
and other contemporary planning practices — now evolved to sustainable development and complete streets.
In reviewing PUDZ- 2006 -AR -10146 for compliance with FLUE Objective 7 and subsequent Policies derived
from the Community Character Plan, staff provides the following analysis:
FLUE Objective 7 indicates, "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 indicates, "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 Hacienda Lakes project has direct
access to Collier Boulevard, a major arterial road. The project also develops access, or makes improvements, to
The Lord's Way and Rattlesnake Hammock Road, and plays a role in the future development of the Benfield
Road Extension. Staff observes and recommends:
That MPUD Ordinance Exhibit, Statement of Compliance, Item 10, and DRI Development Order Resolution
expand on ` providing for vehicular and pedestrian interconnections with off-site public roadways and adjacent
greenways ", as this narrow statement [responding only to Policies 7.1 and 7.6] does not fully explain all the
ways the Hacienda Lakes project follows and implements these Policies. Particulars are not explained with
regard to the project's mixed -uses within the same buildings; walkable community design attributes; a blend of
densities; common open spaces; civic facilities; a range of housing prices and types; vehicular interconnections
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with adjoining neighborhoods and developments, and; internal accesses, loop roads and other design features
that reduce vehicle congestion on nearby roads.
Policy 7.2 indicates, "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." Staff defers
to Transportation Planning Section review staff to consider this matter fully.
Transportation Planning review staff provided project consistency remarks in consideration of this Policy,
indicating the Hacienda Lakes project minimizes the need for new or additional traffic signals. The few that
could be allowed would be governed by the Access Management Policy, which seeks to minimize the
number of signalized openings on Public roads. Private roads, as always, remain at the discretion (and
under the control) of the developer.
A proposed PUD commitment limits the maximum distance that a residential unit may be from the
commercial center in an effort to minimize the number of vehicular trips within the development, and at the
same time maximize the "walkability" of the development in order to promote multi -modal traffic. A radius
will be employed in the final PUD document, and [Transportation Planning] staff recommends the same
language find its way into the DRI. [paraphrasing]
Policy 7.3 indicates, "All new and existing developments shall be encouraged to connect their local streets and
their interconnection points with adjoining neighborhoods or other developments regardless of land use type."
The property is configured so that such interconnection points are feasible along the northern boundaries of
Hacienda Lakes at no fewer than two locations, along the western boundaries at no fewer than four locations,
and along the southern boundaries at no fewer than three locations. The MPUD/DRI Master Plan map set
reveals however, that the project limits its utilization of interconnection points available.
The Hacienda Lakes project could be designed to accommodate eventual interconnection with (an) adjoining
street(s) [such as Morgan Road and Brandy Lane] to the south. These streets are public roadways or private
roads that may potentially become public roadways, and potentially provide the desired access to adjoining
neighborhoods and Sabal Palm Road, then on to Collier Boulevard. Such interconnection would also one day,
allow individuals residing in the adjoining neighborhoods to access the commercial and office uses, school(s),
employment and recreational opportunities located within the Hacienda Lakes project without using Collier
Boulevard.
This design shortcoming does not offer relief [or future opportunity for relief] to the loading and congestion at
the Sabal Palm- Collier Boulevard intersection, and puts the County in the undesirable position of considering
Benfield Road extension improvements sooner than later. Staff observes and recommends:
Adding commitments and /or provisions in MPUD Ordinance exhibits to subsequently plat southerly
interconnection points between rights -of -way from internal streets to the southerly property line; and, to
construct these platted rights -of -way [or easement reservations] as stub streets, temporary cul -de -sacs, or other
functional configurations affording future physical connection.
Policy 7.4 indicates, "The County shall encourage new developments to provide walkable communities with a
blend of densities, common open spaces, civic facilities and a range of housing prices and types." The PUDZ
proposes different housing configurations and neighborhood arrangements with attached single - family
residences, motor courts and pedestrian -only access ways — along with a conventional suburban layout. The
project confines its provision of open space to preserve areas found in "P ", Preserve Tracts, and the Junior
Deputy League's passive recreational "Camp Discovery" in the "JD" Tract. The "R ", Residential Tracts can
accommodate community facilities and recreational uses, but specific amenities have not been presented — other
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n than their general locations — to serve individuals residing in each phase or community. Staff observes and
recommends:
Adding commitments and /or provisions in MPUD Ordinance exhibits to incorporate walkable features and
facilities throughout the project; and, to design and construct Hacienda Lakes with these elements.
Align the construction/installation of pedestrian [trails, footpaths, seating, etc.], bicyclist [paths, lanes, racks,
etc], and transit [shelters, pavilions, etc.] improvements, including lighting and signage in the project, with
Section IV, Transportation commitments, in MPUD Ordinance Exhibit F, List of Owner Commitments.
Policy 7.5 indicates, "The County shall encourage mixed -use development within the same buildings by
allowing residential dwelling units over and/or adjacent to commercial development. This policy shall be
implemented through provisions in specific subdistricts." The project proposes a number of residential
arrangements including the minimum amount of residential units within Hacienda Lakes' quadrant of MUAC
No. 7, but does not include residential dwelling units in the same buildings with commercial development.
Policy 7.6 indicates, "The County shall explore the creation of an urban "greenway" network along existing
major canal banks and power line easements." The project abuts a major canal and lies on both sides of power
line easements. Bicycle path and pedestrian walkway features should be provided within Hacienda Lakes
without accessibility impediments between residential neighborhoods, non - residential use areas, clubhouses and
community use areas, transit stops and any existing or future greenway network.
ANALYSIS OF DENSITY BLENDING PROVISIONS
The FLUE indicates, "This provision is intended to encourage unified plans of development and to preserve
wetlands, wildlife habitat, and other natural features that exist within properties that straddle the Urban Mixed
^ Use and Rural Fringe Mixed Use Districts... within the Rural Fringe Mixed Use District" when certain
conditions are met, including:
(c) At least 25% of the project must be located within the Urban Residential Fringe Subdistrict. The project
must extend central water and sewer (from the urban designated portion of the project) to serve the
entire project, unless alternative interim sewer and water provisions are authorized by Collier County;
Approximately 26% of the Hacienda Lakes project acreage is located within the Urban Residential Fringe
Subdistrict. Developed portions of the project will be served with central water and sewer, as indicated in the
PUD document. The total project is 2,262 acres; with 625 acres lying within the URF Subdistrict and MUAC
No. 7, and 1, 637 acres lying within the Agricultural /Rural, RMFUD Sending Lands.
ANALYSIS OF RFMUD SENDING LANDS PROVISIONS
The FLUE states, "Sending Lands are located entirely within the Rural Fringe Mixed Use District, and are
depicted on the Future Land Use Map. Based upon their location, Sending Lands are the principal target for
preservation and conservation. Private property owners of lands designated as Sending Lands may transfer
density to Receiving Lands within the Rural Fringe Mixed Use District, and to lands within the Urban
Designated Area subject to limitations set forth in the Density Rating System. All privately owned lands within
the Rural Fringe Mixed Use District that have a Natural Resource Protection Area (NRPA) Overlay are
designated Sending Lands."
The Hacienda Lakes project team requests through companion petition CP- 2006 -11 the transfer to the Urban
Designated Area all density derived from TDRs generated within one mile of the Urban Residential Fringe
boundary, in accordance with amended limitations in the Density Rating System.
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Revised allocation sheets must be submitted to track the assignment of base density and TDR credits with
respect to each individual plat, plan or project for this and all future projects within the confines of this MPUD,
in a format conducive to LDC provision 2.03.07(D)(4)(g).
The subject project straddles the Urban Residential Fringe Subdistrict and the Rural Fringe Mixed Use District,
Sending Lands. Land uses allowed there include:
• Agricultural land uses, including farm labor housing
• Detached single - family residences, including mobile homes where a Zoning Overlay exists
• Multi- family residential units, when clustered
• Group homes
• Golf courses and driving ranges
• Botanical gardens, zoos, and aquariums
• Public and private schools
• Community facilities, such as cemeteries, places of worship, childcare facilities
• Habitat preservation and conservation areas, including incidental staff housing
• Parks, open space, and recreational uses
• Sporting and recreational camps
• Essential services
• Earthmining, oil extraction and processing
GENERAL ASSESSMENT, OBSERVATIONS AND REMARKS
The proposed feature of a "bicycle /pedestrian system" to be placed "along arterial and collector roads" in the
Hacienda Lakes project is incomplete and inadequate. By limiting this system to arterial and collector roads, the
stated intent of "connecting all land uses" is not achieved. On the basis of the overall size and configuration of
the project — and given that most thoroughfares in the project are local streets and roads — it is reasonable to
expect a network of bicycle and pedestrian ways along local streets and roads. The design and construction of
the street -side system should be supplemented by a connecting pathway network [along with public seating, bike
racks and storage facilities] that provides for pedestrian and bicycle trips throughout the development.
The most applicable features of a "complete streets" all modal and inter -modal circulation system can
reasonably be applied.
The project developer commits to provide bike racks "in recreational, commercial, and multi - family residential
areas ". Again, on the basis of the overall size and configuration of the project, it is reasonable to expect bike
racks or storage facilities at every transit stop (i.e., sheltered seating). Furthermore, the transit stops themselves
should be connected to the bicycle /pedestrian system and not isolated or inaccessible from one mode to the
other. Staff observes and recommends:
❖ The companion DRI Resolution, Development Order, Conclusions of Law section, Energy subsection, Item
No. 113, indicates the "[p]rovision of bicycle racks or bicycle storage facilities in recreational, commercial
and multi - family residential areas ." Staff suggests that the project provide racks or storage facilities at
additional locations, and recommends adding such facilities at transit stops (i.e., sheltered seating),
clubhouses and community use areas, community facilities, and places where bicyclists would move from
one mode to another. Some of these locations appear on MPUD/DRI Master Plan maps as symbols shaped
as squat pentagrams, or little tents, and labeled as "community recreation/social facilities ".
Racks, storage facilities [as well as transit stop shelters] should adhere to the unified development design
theme for its component [pod or tract].
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10/11/2011 Item 8.D.
CONCLUSIONS AND RECOMMENDATIONS:
PUDZ- 2006 -AR -10146 may be found consistent with the Growth Management Plan if the proposal is modified
as indicated in the conditions below. Staff also provides a number of recommendations to be considered in
support of the project.
A. Modify PUD Ordinance Exhibit materials to include provisions /standards for human scale development,
pedestrian orientation and focus, and pedestrian and bicycle facilities for Activity Center No. 7 and its
interconnected portions of the project. In addition to recommendations provided throughout this review for
developing at a human scale, being pedestrian- oriented, and interconnecting the project, a project of this size
and complexity should contain a bicycle /pedestrian and transit master plan that identifies the following:
Connections from each residential neighborhood and commercial development between each
[component of the] project and to the established CR -951 Greenway and the existing or planned transit
system.
Expanded transit shelters to accommodate existing and future demand. Staff recommends several
transit shelters that are adequately sized and afford seating (inc. pavilion shelters at a minimum of 20 ft.
by 20 ft.), protection from the elements, bike racks or storage facilities, and immediate access to the
bicycle /pedestrian network.
B. Modify PUD Ordinance Exhibit materials in Exhibit B, Development Standards: Maximum Density and
Intensity Section, Residential Density, additionally in Exhibit F, List of Owner Commitments and elsewhere as
necessary to include statements committing to develop a minimum of 13 residential units in the nearest portion
of the adjacent "R ", Residential Tract.
�1 [appears only in an asterisked informational note, on pg. I of Exhibit A]
C. Remove the wholesale distribution use presently proposed in Exhibit A, Permitted Uses for the "R/MU ",
Residential/Medical Use Tract.
Consider the recommendations presented under the Comprehensive Planning Comments section in the main
body of this memorandum, as matters suggesting change, revision or other action, encouraged in support of the
project prior to final consideration.
Staff's present recommendations however, are conditional.
The three companion petitions are inextricably linked. Changing part of one petition's content will more than
likely dictate changes to another petition's content. The same cause and effect relationships exist between the
staff recommendations for all three companion petitions. A finding of consistency and an approval
recommendation are contingent on the outcomes of companion DRI and GMPA petitions.
Additional contingencies are expected to affect each of the components of the Hacienda Lakes proposal with
changes during final considerations.
i—N, RMTIVE HACIENDA DOCUMENTSIREVISED July 12 PUDZ -06 -10146 Review Memo .docx
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10/11/2011 Item 8. D.
Back up material for the
Hacienda Lakes DRI and PUD
petitions will be provided in
hard copy form from the
petitioner's agent.
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10/11/2011 Item 8.D.
ORDINANCE NO. 11-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE
NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR COLLIER
COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING
ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY
FROM THE AGRICULTURAL (A) AGRICULTURAL- SPECIAL
TREATMENT OVERLAY (A -ST) AND PUD ZONING DISTRICT
(SWAMP BUGGY DAYS PUD) TO THE MIXED USE PLANNED UNIT
DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT
KNOWN AS THE HACIENDA LAKES MPUD THAT WILL ALLOW A
MAXIMUM OF 327,500 SQUARE FEET OF GROSS RETAIL
COMMERCIAL FLOOR AREA; 70,000 GROSS SQUARE FEET OF
PROFESSIONAL AND MEDICAL OFFICE SPACE INCLUDING A
CONVERSION OF RETAIL USE TO PROFESSIONAL AND
MEDICAL OFFICE; . 135 HOTEL ROOMS INCLUDING A
CONVERSION TO BUSINESS PARK; 140,000 GROSS SQUARE FEET
OF BUSINESS PARK OR EDUCATION FACILITY; A PUBLIC
SCHOOL; CONTINUATION OF EXISTING "SWAMP BUGGY"
ATTRACTION AND "JUNIOR DEPUTY" PASSIVE RECREATION;
AND A MAXIMUM OF 1,760 RESIDENTIAL DWELLING UNITS
INCLUDING CONVERSIONS TO RECREATIONAL VEHICLE PARK
AND SENIOR HOUSING FOR INDEPENDENT LIVING, ASSISTED
LIVING AND NURSING CARE. THE SUBJECT PROPERTY,
CONSISTING OF 2,262 +/- ACRES IS LOCATED ON THE EAST SIDE
OF COLLIER BOULEVARD (C.R. 951) AT THE INTERSECTION OF
COLLIER BOULEVARD AND RATTLESNAKE- HAMMOCK ROAD
AND NORTH AND SOUTH OF SABAL PALM ROAD IN SECTIONS
11, 12, 13,14, 23, 24 AND 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
AND SECTIONS 19 AND 30, TOWNSHIP 50 SOUTH, RANGE 27
EAST, COLLIER COUNTY, FLORIDA; PROVIDING FOR REPEAL
OF ORDINANCE NUMBER 84 -26 FOR SWAMP BUGGY GROUNDS;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Dwight Nadeau of RWA, Inc., Robert Mulhere of Mulhere and Associates
and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A,, representing
Hacienda Lakes of Naples, LLC, petitioned the Board of County Commissioners to change the
zoning classification of the herein described real property.
Hacienda Lakes of Naples LLC
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10/11/2011 Item 8. D.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Sections 11, 12,
13, 14, 23, 24 and 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50
South, Range 27 East, Collier County, Florida, is changed from the Agricultural (A),
Agricultural- Special Treatment Overlay (A -ST) and PUD zoning district (Swamp Buggy Days
PUD) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for
the 2,262 +/- acre project to be known as the hacienda Lakes MPUD, to allow a maximum of
327,500 square feet of gross retail commercial floor area; 70,000 gross square feet of
professional and medical office space; 135 hotel rooms; 140,000 gross square feet of business
park or education facility; continuation of existing "swamp buggy" attraction and "Junior
Deputy" passive recreation; and a maximum of 1,760 residential dwelling units in accordance
with the Hacienda Lakes MPUD Document, attached hereto as Exhibits "A" through "G" and
incorporated by reference herein. The appropriate zoning atlas map or maps, as described in
Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is /are
hereby amended accordingly.
SECTION TWO:
Ordinance No. 84 -26, the Swamp Buggy PUD, is hereby repealed.
SECTION THREE:
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 _ , 2011
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Hacienda Lakes of Naples LLC
PUDZ- 2006 -AR -10146
Rev. 9/15/11
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
Page 2 of 3
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Approved as to form
and legal sufficiency:
Heidi Ashton -Cicko
Assistant County Attorney
Section Chief, Land Use /Transportation
Attachments: Exhibit A — Permitted Uses
Exhibit B — Development Standards
Exhibit C — Master Plan
Exhibit D — Legal Description
Exhibit E - List of Requested Deviations
Exhibit F - List of Owner Commitments
Exhibit G — Master Use and Conversion List
�� CP110 -CPS- 01024197
11 �
Hacienda Lakes of Naples LLC
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10/11/2011 Item 8. D.
10/11/2011 Item 8. D.
EXHIBIT A
PERMITTED USES
PROJECT LAND USE TRACTS
TRACT
TYPE
UNITS.
ACREAGE±
TRACT "R"
RESIDENTIAL
1,714
447.86
TRACT "R/MU"
RESIDENTIAL /MEDICAL USE
25 min.*
38.82
TRACT `BP"
BUSINESS PARK
1
35.38
TRACT "C"
COMMERCIAL
17 min.*
34.16
TRACT "A"
ATTRACTION
1
47.27
TRACT "P"
PRESERVE
0
1,544.14
TRACT "PF"
PUBLIC FACILITY
0
1.33
TRACT "JD"
JUNIOR DEPUTY
2
21.62
TRACT "ROW"
PUBLIC RIGHT -OF -WAY
0
72.01
TRACT "S"
SCHOOL
0
19.55
Total
1,760
2262.14
*: Denotes the minimum number of dwelling units that must be constructed in the associated land use tract.
Given that Tract C may generate up to 55 residential dwelling units, thirty (30 %) percent of those
residential units (17 units) must be constructed in Tract C. Tract R/MU is required by this document to
have no less than 25 residential dwelling units constructed within that Tract. The balance of the
residential dwelling units generated from Tract C (13 units) must be constructed in either the R/MU Tract,
or on a portion of Tract R, within one -third of one mile of the boundary of Tract C.
GENERAL PERMITTED LAND USES
Streets, alleys, water management facilities and structures, utilities and other infrastructure
improvements are generally permitted anywhere within this MPUD except for in the P, Preserve
Tract.
H TRACT "R ". RESIDENTIAL PERMITTED USES:
Up to 1,760 residential units consisting of single family units and multi- family units are permitted in
the entire PUD. No more than 1,232 units in the entire PUD shall be multi- family, as defined in the
LDC. Residential units may be converted to senior housing units or recreational vehicle (RV) units,
where permitted, in accordance with the Land Use Conversion Factors in Exhibit B. ITpon
conversion, the residential units shall be reduced according to the Land Use Conversion Factors in
Exhibit B. Developer and County shall each maintain a master list of converted uses for this PUD.
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses:
Single family detached dwellings;
Zero lot line, detached dwellings;
3. Two - family and duplex dwellings;
4. Single family attached dwellings, (including townhouses intended for fee simple
conveyance including the platted lot associated with the residence);
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Multi - family dwellings;
Senior housing for persons over age 55, limited to independent living facilities,
assisted living facilities, skilled nursing facilities, and continuing care retirement
communities. Senior housing facilities shall not be considered residential land uses
for the purposes of density, but shall be derived from conversion from residential
units in accordance with the Land Use Conversion Factors in Exhibit B. These land
uses shall be developed in accordance the development standards set forth in Table
H of Exhibit B. In no instance shall greater than 450 senior housing units be
developed in the entire MPUD;
Any other principal use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the BZA, by the process outlined in the
LDC.
B. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
1. Accessory uses and structures customarily associated with principal uses permitted
in this land use tract, including swimming pools, spas, docks, boat houses, and
screen enclosures, recreational facilities designed to serve the development;
2. Model homes and model home centers including offices for project administration,
construction, sales and marketing, apartment rental, as well as resale and rental of
units within the MPUD in perpetuity (group 6531);
Recreational facilities and structures to serve the PUD, including clubhouses, health
and fitness facilities, pools, meeting rooms, community buildings, boardwalks,
playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve
the residents of the PUD and their guests;
4. Horse stables and related equestrian facilities to serve the PUD that complement the
MPUD's proximity to the Picayune Strand State Forest may be allowed on
residential lands lying east of the proposed north/south public roadway, subject to
applicable permitting. This private, non - commercial, accessory use is intended for
stabling for residents of the PUD. Horse racing, dressage, or horse jumping events
open to the public are prohibited;
5. Private stables on single - family lots greater than 43,560 square feet in lot area, on
residential lands lying east of the proposed north/south public roadway are permitted
to allow one horse for each 21,780 square feet of lot area;
6. Horse trails.
III TRACT "RV ":
Up to 290 RV units are allowed only if residential units are converted to RV in accordance with the
Land Use Conversion Factors in Exhibit B. No building r structure or
g part thereof, shall be
erected, altered or used, or land used, in whole or part, other than the following:
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10/11/2011 Item 8. D.
A. Principal Uses:
I . Recreational vehicle parks (Group 7033, recreational vehicle parks only), subject to
the criteria contained in Exhibit B, and only in the location depicted on Exhibit C.
In no instance shall greater than 290 Recreational Vehicle units be developed in the
entire MPUD. Except as provided herein, the RV District shall comply with the
Land Development Code (LDC) including Sections 2.03.03.F and 5.5.10.
B. Accessory Uses:
1. Accessory uses and structures customarily associated with principal uses permitted
in this land use tract, including swimming pools, spas, docks, boat houses, and
screen enclosures, recreational facilities designed to serve the development;
Recreational facilities and structures to serve the PUD, including clubhouses, health
and fitness facilities, pools, meeting rooms, community buildings, boardwalks,
playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve
the residents of the PUD and their guests;
Iv TRACT "R/MU ", RESIDENTL4L, /MEDICAL USE PERMITTED USES:
Up to 1,760 residential units consisting of single family units and multi - family units are permitted in
the entire PUD. No more than 1,232 units in the entire PUD shall be multi- family as defined in the
LDC. The residential units may be converted to senior housing units, where permitted, in
accordance with the Land Use Conversion Factors in Exhibit B. Upon conversion, the residential
units shall be reduced according to the Land Use Conversion Factors in Exhibit B. Up to 50,000
square feet of gross floor area of medical office related land uses are also allowed in this tract, less
up to 50,000 square feet of gross floor area of medical related office land uses approved by plat or
SDP in Tract C. Developer and County shall each maintain a master list of converted uses for this
PUD.
No building or structure, or part thereof, shall be erected, altered or uses, or and used, in whole or in
part, for other than the following:
A. Principal Uses:
Single family detached dwellings;
2. Zero lot line, detached dwellings;
3. Two - family and duplex dwellings;
4. Single family attached dwellings, (including townhouses intended for fee simple
conveyance including the platted lot associated with the residence);
Multi - family dwellings;
6. Senior housing for persons over age 55, limited to independent living facilities,
assisted living facilities, skilled nursing facilities, and continuing care retirement
communities. Senior housing facilities shall not be considered residential land uses
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for the purposes of density, but shall be derived from conversion from residential
units in accordance with the Land Use Conversion Factors in Exhibit B. These land
uses shall be developed in accordance the development standards set forth in Table
II of Exhibit B In no instance shall greater than 450 senior housing units be
developed in the entire MPUD.
7. Drug Stores and Proprietary Stores (Group 5912). If this retail use is developed in
the R/MU Tract then the square footage of gross floor area of this retail use shall
reduce the square footage of gross floor area of retail uses permitted in Tract C.;
8. Health Services, (Groups 8011 -8049, 8071 -8072, 8082, and 8092- 8099);
9. Any other principal use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals (`BZA ") by
the process outlined in the LDC.
B. Accessory Uses:
Accessory uses and structures customarily associated with principal uses permitted
in this land use tract, including swimming pools, spas, docks, boat houses, and
screen enclosures, recreational facilities designed to serve the development;
2. Model homes and model home centers including offices for project administration,
construction, sales and marketing;
3. Recreational facilities and structures to serve the PUD including clubhouses, health
and fitness facilities, pools, meeting rooms, community buildings, boardwalks,
playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve
the residents of the P U D and their guests.
V TRACT "BP" BUSINESS PARK PERMITTED USES:
Up to 140,000 square feet of gross floor area of business park land uses, and a hotel of up to 135
rooms capped at 92,000 square feet of gross floor area if a hotel is not developed in Tract C.
However, if owner elects not to build a hotel on Tract C or BP, then the square footage limitation of
business park land uses could be exceeded if a hotel conversion to business park of up to 60,000
square feet of gross floor area is used based on the land use conversions in Exhibit B. In place of the
business park and hotel land uses, a school may be developed. If a hotel is constructed on Tract C or
BP, based on an approved plat or SDP, then the hotel conversion shall terminate.
Tract "BP" is located directly north of the Attraction Tract that accommodates the Swamp Buggy
land uses and facilities. This acreage is meant to provide for a transition from the Attraction land
uses to the Residential Tract and intended land uses further north. This Tract shall be permitted to be
developed for either a business park or a school. If the Tract is developed as a school, only those
uses permitted in Section XI below shall be allowed. Should the 35.38 acre tract be proposed for
development as a business park, no building or structure, or part thereof, shall be erected, altered or
used, or land used, in whole or in part, for other than the following:
A. Principal Uses:
Apparel and other finished products (groups 2311- 2399);
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2. Building construction (groups 1521- 1542);
3. Business services (group 7311);
4. Communications (groups 4812 -4899, including communication towers limited in
height to 100 feet);
5. Construction: Special trade contractors (groups 1711- 1799);
6. Depository and non - depository institutions (groups 6081, 6082);
7. Drugs and medicines (groups 2833- 2836);
8. Eating places (group 5812, not including fast foods, walk -up windows and drive -
thru restaurants);
9. Educational services (groups 8221- 8299);
10. Electronics and other electrical equipment manufacturing, indoor only (groups 3612-
3699);
IL . Engineering, accounting, research, management, and related services (groups 8711-
8748);
12. Food manufacturing (groups 2034, 2038, 2053, 2064, 2066, 2068, 2096, 2098,
2099);
13. Furniture and fixtures manufacturing (groups 2511- 2599);
14. Government offices /buildings (groups 9111- 9222, 9224 -9229, 9311, 9411 -9451,
9511 -9532, 9611- 9661);
15. Health services (groups 8011- 8049);
16. Industrial and commercial machinery and computer equipment (groups 3524, 3546,
3571 - 3579);
17. Industrial inorganic chemicals (groups 2833, and 2844);
18. Job training and vocational rehabilitation services (group 8331);
19. Leather and leather products (groups 3131- 3199);
20. Measuring, analyzing, and controlling instruments; photographic, medical and
optical goods; watches and clocks manufacturing (groups 3812- 3873);
21. Medical laboratories and research and rehabilitative centers (groups 8071, 8072,
8092, 8093);
22. Miscellaneous manufacturing industries (groups 3911- 3999);
23. Motion picture production (groups 7812 - 7819);
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24. Motor freight transportation and warehousing (group 4225, mini- and self- storage
warehousing only), subject to the following criteria:
i. The use of metal roll -up garage doors located on the exterior of the perimeter
buildings and walls of buildings which are visible from a public right -of -way is
prohibited; and
ii. Access to individual units whether direct or non- direct must be from the side of
the building that is oriented internally;
iii. No building shall exceed 100 feet in length when adjacent to a residential tract
within the MPUD;
iv. No outdoor storage of any kind is permitted, and
v. Storage units shall be utilized for storage purposes only.
25. Printing, publishing and allied industries (groups 2711- 2796);
26. Rubber and miscellaneous plastic products (groups 3021, 3052, 3053);
27. Security /commodity brokers (group 6211);
28. Transportation equipment (groups 3714, 3716, 3732, 3751, 3792, 3799);
29. U.S. Postal Service (group 4311);
30. Wholesale trade durable goods (groups 5021, 5031, 5043 -5049, 5063 -5078, 5091,
5092, 5094 - 5099);
31. Wholesale trade non durable goods (5111 -5153, 5181, 5182, 5191, except that
wholesale distribution of chemicals, fertilizers, insecticides, and pesticides shall be a
minimum of 500 feet from a residential tract within the MPUD, 5192 - 5193);
32. Any other use which is comparable in nature with the foregoing Iist of permitted
principal uses, as determined by the Board of Zoning Appeals.
B. Limited Principal Uses:
The following uses shall be limited to a maximum of 30 percent of the total acreage of the Business
Park tract:
1. Business services (7312, 7313, 7319, 7331, 7334 -7336, 7342, 7349, 7352, 7361, no
labor pools, 7371 -7384, 7389);
2. Child day care services (group 8351);
3. Depository and non- depository institutions (groups 6021 -6062, 6091, 6099, 6111-
6163);
4. Drug stores (group 5912, limited to drug stores and pharmacies) in conjunction with
health service groups and medical laboratories /research/rehabilitative groups;
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Hotels (group 7011) up to 135 rooms, capped at 92,000 square feet of gross floor
area if a hotel is not developed in Tract C. Hotel square footage does not reduce the
business park square footage cap. If the hotel conversion is applied to Tract BP, then
a hotel is not permitted;
6. Membership organizations (group 8611); business associations (group 8621);
professional organizations (8631); labor unions and similar labor organizations;
7. Personal services (groups 7215 -7231, 7241);
8. Physical fitness facilities and bowling centers (groups 7991, 7933);
9. Professional offices; insurance agencies (group 6411); insurance carriers (groups
6311- 6399); real estate (6531, 6541, 6552, 6553); holding and other investment
offices (groups 6712- 6799); attorneys (group 8111);
10. Travel agencies (group 4724).
C. Uses Accessory to Principal and Limited Uses:
Uses and structures that are accessory and incidental to uses permitted as of right;
2. One (1) caretaker's residence within Tract BP, Business Park Tract, subject to the
following:
i. The residence shall be constructed as an integral part of the principal structure
and shall be entered from within the principal structure. Exits required to comply
with fire code shall be permitted;
ii. The caretaker's residence shall be an accessory use and shall be for the exclusive
use of the property owner, tenant, or designated employee operating or
maintaining the principal structure;
iii. Off - street parking shall be as required for a single - family residence.
For primary business park uses, retail sales and/or display areas as accessory to the
principal uses shall not exceed an area greater than 20 percent of the gross floor area
of the permitted principal use and is further subject to retail standards for
landscaping, parking and open space.
VI TRACT "C" COMMERCIAL PERMITTED USES:
Up to 327,500 square feet of gross floor area of retail land uses and up to 70,000 square feet of gross
floor area of professional and medical office uses reduced by medical - related retail use square
footages approved. by SDP in Tract BP and reduced by up to 50,000 square feet of gross floor area of
professional and medical office land use square footages approved by plat or SDP in Tract R/MU,
The 70,000 square feet of professional and medical office may be exceeded if the retail land uses are
converted to office thereby reducing the retail square footage, not to exceed 25% of the retail land
use allocation. Additionally, a hotel of up to 135 rooms and up to 92,000 square feet of gross floor
area shall be allowed in Tract C unless a hotel is developed within Tract BP or if the hotel use is
converted to BP uses in Tract BP based on an approved plat or SDP.
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
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A. Principal Uses:
1.
Single family attached dwellings, (including townhouses intended for fee simple
conveyance including the platted lot associated with the residence);
2.
Multi- family dwellings;
3.
Residential land uses integrated into commercial buildings with residential units
located above commercial land uses to create a mixed -use building;
4.
Accounting, auditing and bookkeeping services (group 8721);
5.
Adjustment and collection services (group 7322);
6.
Advertising agencies (group 7311);
7.
Advertising —miscellaneous (group 7319);
8.
Amusements and recreation services, indoor (groups 7911 -7922, 7991, 7993, 7999,
only billiard parlors, bingo parlors, martial arts and yoga instruction, bicycle and
golf cart rentals);
9.
Apparel and accessory stores with (groups 5611- 5699);
10.
Auto and home supply stores (groups 5211 -5261, and 5531);
11.
Automotive dealers, not elsewhere classified (group 5599);
12.
Automobile parking (group 7521), including garages - automobile parking, parking
structures, no towing yards;
13.
Automotive repair, services and parking (groups 7513 — 7533, 7536 - 7549);
14.
Barber shops (group 7241), except barber schools;
15.
Beauty shops (7231), except beauty schools;
16.
Boat dealers (5551);
17.
Bookkeeping services (8721);
18.
Bowling centers, indoor (7933);
19.
Building construction — General contractors (groups 1521 - 1542);
20.
Building materials, hardware and garden supplies (groups 5211- 5261);
21.
Business associations (group 8611);
22.
Business consulting services (group 8748);
n
23.
Business credit institutions (groups 6153- 6159);
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24. Business services (groups 731 1 -7353, 7359, except labor contractors, 7371 -7379,
7381 except armored car and dog rental, 7382 -7389 except auctioneering service,
automobile recovery, automobile repossession, batik work, bottle exchanges,
bronzing, cloth cutting, cosmetic kits, cotton inspection, cotton sampler, drive -away
automobile, exhibits - building, filling pressure containers, field warehousing, fire
extinguisher, floats- decoration, folding and refolding, gas systems, bottle labeling,
liquidation services, metal slitting and shearing, packaging and labeling, patrol of
electric transmission or gas lines, press clipping service, repossession service, rug
binding, salvaging of damaged merchandise, scrap steel cutting and slitting,
shrinking textiles, solvent recovery, sponging textiles, tape slitting, texture
designers, textile folding, tobacco sheeting and window trimming service);
25. Cable and other pay television services (group 4841);
26. Senior housing for persons over age 55, limited to independent and assisted living
facilities, continuing care retirement communities, and nursing homes. This housing
is included in the retail square foot limitation and no greater than 450 senior housing
units shall be developed in this entire MPUD;
27. Child day care services (8351);
28. Commercial printing (2752, excluding newspapers);
29. Civic, social and fraternal associations (group 8641);
30. Coin operated amusement devices, indoor (group 7993);
31. Communications (groups 4812 -4841) including communications towers up to
specified height, subject to LDC Section 5.05.09;
32. Construction — special trade contractors (groups 1711 — 1793, 1796, 1799);
33. Dance studios, schools and halls (group 7911);
34. Drug stores (group 5912);
35. Depository institutions (groups 6011- 6099);
36. Eating and drinking establishments (group 5812, and group 5813) excluding bottle
clubs. Outdoor amplified sound is prohibited;
37. Educational services (groups 8221, 8222, 8243 — 8249);
38. Engineering, accounting, research, management and related services (groups 8711-
8748);
39. Food stores (groups 5411- 5499);
40. Gasoline service stations (group 5541 subject to LDC requirements);
41. General merchandise stores (groups 5311, 5331- 5399);
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62. Paint, glass and wallpaper stores (5231);
63. Passenger car leasing (group 7515);
64. Passenger car rental (group 7514);
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42.
Glass and glazing work (1793);
43.
Health services (groups 8011 -8049, 8051 -8059, 8071 -8072, 8082 and 8092 - 8099);
44.
Home furniture, furnishing, and equipment (groups 5712 - 5736);
45.
Hotels and motels (groups 7011, 7021, and 7041) only if a hotel is not built in Tract
BP and the hotel conversion is not applied to Tract BP;
46.
Insurance carriers, agents and brokers (groups 6311 -6399, 6411);
47.
Landscape architects, consulting and planning (group 0781);
48.
Legal services (group 8111);
49.
Libraries (group 823 l );
50.
Management and public relations services (groups 8741 -8743, 8748);
51.
Membership organizations (8611- 8699);
52.
Membership sports and recreation clubs, indoor (group 7997);
53.
Miscellaneous personal services (7291, 7299, debt counseling only);
I �
54.
Miscellaneous repair services (groups 7622 — 7699);
55.
Miscellaneous retail (groups 5912 -5963, 5992 - 5999);
56.
Motion picture theaters (group 7832);
57.
Motorcycle dealers (group 5571);
58.
Motor freight transportation and warehousing (group 4225 mini - and self - storage
warehousing only);
59.
Museums and art galleries (group 8412);
60.
Non - depository credit institutions, and loan brokers (groups 6111- 6163);
61.
Offices for engineering, architectural, and surveying services (groups 0781, 8711-
8713);
62. Paint, glass and wallpaper stores (5231);
63. Passenger car leasing (group 7515);
64. Passenger car rental (group 7514);
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65. Personal services (groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning only,
7217, 7219, 7221 -7251, no beauty or barber schools, 7261 except crematories, 7291,
7299, excluding massage parlors, escort services, steam baths, Turkish baths and
tattoo parlors);
66. Photographic studios (7221);
67. Physical fitness facilities (7991);
68. Political organizations (group 8651),
69. Printing, publishing, and allied industries (groups 2711, 2721);
70. Professional membership organizations (group 8621);
71. Public Administration (groups 9111 -9199, 9229, 9311, 9411 -9451, 9511 -9532,
9611- 9661);
72. Public or private parks and playgrounds;
73. Public relations services (group 8743);
74. Radio, television, and consumer electronics stores (group 5731);
75. Radio and television broadcasting stations (groups 4832, and 4833);
76. Real estate (group 6512, 6531- 6552);
77. Record and prerecorded tape stores (group 5735), excluding adult oriented rentals
and sales;
78. Recreational vehicle dealers (group 5561);
79. Religious organizations (group 8661);
80. Research, development, and testing services (group 8731 - 8734);
81. Retail nurseries, lawn and garden supply stores (group 5261);
82. Security and commodity brokers, dealer, exchanges and services (groups 6211-
6289);
83. Theatrical producers and miscellaneous theatrical services, indoor (groups 7922-
7929);
84. Tour operators (group 4725);
85. Travel agencies (group 4724);
86. United States Postal Service (43 11 except major distribution center);
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87. Veterinary services (groups 0742, 0752 excluding outside kenneling);
88. Videotape rental (7841), excluding adult oriented rental and sales;
89. Vocational schools (groups 8243 - 8299);
90. Any other commercial use which is comparable in nature with the foregoing list of
permitted uses and consistent with the purpose and intent statement of the district as
determined by the Board of Zoning Appeals.
A. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
Parking facilities and signage;
2. Eating/ Picnic Area;
3. One (1) caretaker's residence within the C, Commercial Tract;
4. Child care, outdoor play areas. Where play areas are constructed as an accessory use
to a permitted use, the following conditions shall apply:
a. A minimum five -foot, six -inch high reinforced fence shall be installed on all
sides of the play area which are not open to the principal structure;
b. Ingress to and egress from the play area shall be made only from the principal
structure, however an emergency exit from the play area shall be provided
which does not empty into the principal structure;
c. The play equipment shall be set back a minimum distance of five feet from the
required fence and from the principal structure.
5. Kiosks, that are small separate structures, often movable and open on one or more
sides, used as a newsstand, vending stall, or other conveniences, Individual kiosks
shall not to exceed 200 square feet.;
VII TRACT "A" ATTRACTION PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses:
1. "Swamp Buggy" race track (group 7948, swamp buggy track only);
2. County fair and similar expositions, including circuses, carnivals, and other
recreation/entertainment activities;
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3. Exhibition hall /community center;
4. Amateur soccer, softball, lacrosse, volleyball, football, and similar outdoor
recreational sports and activities and shall not be limited in the number of
occurrences;
5. Indoor target ranges, including archery;
6. Stock car, monster trucks, and motorized vehicle race track (group 7948, motorized
vehicle race track only);
7. Motocross (including bicycle and motorcycle) race course (group 7948, motocross
race course only);
8. Stadium, training, and practice facilities for professional baseball (group 7941). This
use is allowed only if a Notice of Proposed Change or Substantial Deviation
Application for Development Approval is processed in accordance with Section
380.06, F.S., or any successor statute, and the Hacienda Lakes DRI is amended. 'If
state law changes such that DRI review or other state review is no longer required
then this provision shall terminate;
9. Administrative offices and supportive service facilities;
10. Any other use or structure that is comparable in nature to the foregoing and that is
approved by the Board of Zoning Appeals.
B. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
I . Any accessory uses and structures that are incidental to and customarily associated
with those uses permitted herein;
2. Onsite water management, utility, and service facilities;
3. Signs as permitted or required by the applicable Collier County Land Development
Code at the time of application for construction permits;
4. Residential facilities (one (1) residential unit within the A, Attraction Tract) for
housing of security personnel or caretakers whose work requires residence on the
property;
5. Concessions, ticketing, bleachers, and other spectator - related facilities;
6. Picnicking and playground areas, as well as areas for camping that may be utilized
only three days prior to, during, and three days after a major event weekend.
C. Conditional Uses:
1. Fuel storage and related facilities.
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1/ 1
10/11/2011 Item 8.D.
VIII TRACT "P" PRESERVE PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses
I . Upland preserves;
2. Wetland preserves;
B Accessory Uses and Structures
Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
1. Boardwalks, nature trails, horse trails, shelters, viewing platforms, educational
signs, and information kiosks;
2. Water management structures;
3. Archaeological sites and associated research of said sites.
IX TRACT "PF" PUBLIC FACILITY PERMITTED USES:
No building or structure, or part thereof., shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses
1. Public safety facilities intended to provide emergency medical, ground
transportation services.
B. Accessory Uses
Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
1. Parking facilities and signage;
2. Administrative offices and support service facilities,
3. Lighting or storm water management facilities and structures.
X TRACT "JD" JUNIOR DEPUTY PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
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10/11/2011 Item 8. D.
A. Principal Uses:
1. Open space and outdoor recreational uses, including, but riot limited to
hiking, biking, fishing, boating, camping, picnicking and nature trails;
2. Sporting and recreational camps;
3. Caretaker's residence, limited to two for the JD, Junior Deputy Tract,
B. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
1. Boardwalks, nature trails, shelters, pavilions, viewing piers, viewing platforms,
educational signs, kiosks, and docks or platforms for launching and mooring or
storage of non - motorized vessels utilizing movable storage racks;
2. Covered camping pavilion(s) (i.e.; concrete, or similar hard surface, that is roofed,
and may, or may not be enclosed with screen/plastic sheeting, or walls), which may
include kitchen/cooking facilities, office and restroom facilities;
3. Passive parks and passive recreational uses;
4. Pervious roads, driveways, and pervious and/or impervious parking facilities;
5. Project identification and directional signage;
6. Water management structures;
7. Restrooms/bath houses;
8. Roofed or unroofed storage for maintenance and recreational equipment;
9. Fencing and security gates, which may include barbed wire;
10. Archery and air rifle range(s).
XI TRACT "S" SCHOOLS PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses:
1. Schools, public or private, including Educational Services (Group 82).
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B. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
Educational facilities;
Parking facilities and signage;
3. Administrative offices and support service facilities;
4. Lighting or storm water management facilities and structures;
Recreational facilities.
X11 SIGNS:
A. Seven, on- premise, ground signs shall be permitted on property corners fronting on existing,
proposed, or future public roadways as depicted and labeled "Boundary Marker" on Sheets 3
and 4 of the MPUD Master Plan Set. These ground signs shall be allowed in addition to
other signage allowed by Section 5.06.00 of the LDC. Each of these permitted signs shall
only contain the name of the project or any major use, insignia or motto of the entire
development (See Exhibit E, Deviation #3).
B. One real estate sign shall be permitted in the Commercial Tract for the purposes of
marketing residential products within the MPUD. This additional real estate signage may be
utilized by any of the developers of the residential communities within the MPUD (See
Exhibit E, Deviation #6).
C. The existing Swamp Buggy sign located in the southeast corner of Rattlesnake Hammock
road and Collier Boulevard shall be allowed to remain until new signage can be permitted in
Tract C. (See Exhibit E, Deviation #7)
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EXHIBIT B
DEVELOPMENT STANDARDS
GENERAL:
10/11/2011 Item 8.D.
Development of the Hacienda Lakes MPUD shall be in accordance with the contents of this Ordinance and
applicable sections 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 developmental standards, then the
provisions of the most similar district in the LDC shall apply.
Conversion of residential land use types are provided for below which may be utilized to apportion units to
senior housing or recreational vehicle units relative to the mix of residential land uses within this MPUD and
their relation to public facility impacts.
Table I below, sets forth the development standards for residential land uses within the MPUD, including
residential land uses that are required to be developed in Tracts C and R/MU. Standards not specifically set
forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of
the SDP or Subdivision plat. Figures 1 thru 7 generally depict typical development standards for the various
residential products.
Table II below, sets forth the development standards for commercial land uses, senior housing units, and
public facility land uses within the MPUD, however these standards do not apply to the Collier County
School District public schools. Standards not specifically set forth herein shall be those specified in
applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat.
Table III below, sets forth the development standards for the business park land uses and school land uses
within the MPUD, however these standards do not apply to the Collier County School District public
schools. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC
in effect as of the date of approval of the SDP or Subdivision plat.
Table IV below, sets forth the development standards for the Attraction land uses and Junior Deputy passive
recreation land uses within the MPUD. Standards not specifically set forth herein shall be those specified in
applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat.
The facilities and improvements that are depicted on Exhibit C, the MPUD Master Plan shall be considered
conceptual in nature. The design, location, and configuration of land improvements shall be defined at either
site development plan, or construction plans and plat approval(s).
Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual
parcel or lot boundary lines, or between structures. Condominium, and /or homeowners' association
boundaries shall not be utilized for determining development standards.
MAXEMW DENSITY AND INTENSITY:
Residential Density: This MPUD shall be limited to 1,760 residential dwelling units (du) that equates to a
density of 0.78 dwelling units per gross acre. The 1,760 residential units are either single- or multi - family
units as defined in the LDC. No more than 1,232 multi - family units may be constructed in the entire PUD.
Caretakers residences shall be deducted from the 1,760 unit allocation. A minimum of 25 residential units
shall be constructed in the R/MU Tract, and a minimum of 17 residential units shall be constructed in Tract
C. The balance of the residential dwelling units generated from Tract C (13 units) must be constructed in
either the R/MU Tract, or on a portion of Tract R, within one -third of one mile of the boundary of Tract C.
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LAND USE CONVERSION FACTORS
Residential Density: 1.0 residential unit equates to 2.73 Recreational Vehicle units/spaces (not to exceed
290 RV units in the entire PUD), or 4 Senior Housing Units (not to exceed 450 Senior Housing Units in the
entire PUD). Up to 1,232 of the total 1,760 residential units may be multi - family as defined in the Land
Development Code.
Commercial Intensity: Hacienda Lakes is intended to be developed with a mixture of commercial land uses
that include 327,500 square feet of gross floor area of retail uses, 50,000 square feet of gross floor area of
medical office uses, 20,000 square feet of gross floor area of general office uses, 140,000 square feet of gross
floor area of business park land uses, and 135 hotel rooms.
In no event shall the project exceed 3,328 PM Peak Hour Trips. Such maximum trip generation cap was
developed based on 327,500 gross square feet of retail land uses, 50,000 gross square feet of medical office
land uses, 20,000 gross square feet of general office land uses, 140,000 gross square feet of business park
land uses, a primary school with a contemplated enrollment of 919 students, 135 hotel rooms, not to exceed
92,000 gross square feet, 704 single - family units, and 1,056 multi - family units. However, the hotel shall not
count against the 140,000 square foot cap associated with the business park.
Should the BP Tract not be developed as a business park but be developed as a school facility (excluding
Collier County School District public schools), such facility shall not exceed the maximum 140,000 gross
square feet allowed in that Tract.
The developer shall be allowed to convert retail land uses to office land uses at a one to one (1:1) ratio, not to
exceed 25% of the retail land use allocation, provided only if the converted use is an allowed use in the tract.
The developer shall also be allowed to wholly convert the hotel development opportunity of 135 rooms not
to exceed 92,000 square feet to 60,000 square feet of gross floor area of business park land uses.
All existing land uses and facilities in the Attraction and Junior Deputy Tracts shall not count against the
overall trip and land use cap.
Senior Housing Intensity: The intensity of any senior housing project shall have a maximum Floor Area
Ratio (FAR) of 0.60. The 1,760 dwelling unit cap is only intended to limit the number of single family and
multi- family residential units, as those units are defined in the Land Development Code. The development
may include in excess of 1,760 residential units if some are developed as senior housing units. With the
exception of senior housing development in the C, Commercial Tract, senior housing units shall be
developed through the conversion of residential land uses. Residential units shall be allowed for conversion
to senior housing units based on the Land Use Conversion Factors, above. However, 1 single - family
dwelling unit equates to 1 single - family style independent living units. In no instance shall greater than 450
senior housing units be developed in the entire MPUD.
Total Project Intensity: In no event shall the project exceed 3,328 pm Peak Hour Trips.
Operational Characteristics for Senior Housing
Senior housing may be composed of one or more types of care/housing facilities. These care /housing types
are limited to independent living, assisted living, and skilled nursing units, each of which can have varying
operational characteristics. The following characteristics of senior housing care units distinguish them from
residential land uses, and all of the characteristics must be provided for and maintained to be considered a
senior housing care unit:
Hacienda Lakes, PUDZ-2006-AR- 10 146
Approved CCPC Consent — Rev. 09/15/11 Page 18 of 51
Packet Page -314-
10/11/2011 Item 8. D.
• The facility shall be for residents 55 years of age and older;
• There shall be on -site dining facilities to the residents, with food service being on -site, or catered;
• Group transportation services shall be provided for the residents for the purposes of grocery and other
types of shopping. Individual transportation services shall be coordinated for the residents needs,
including but not limited to medical office visits;
• There shall be an onsite manager /activities coordinator to assist residents, who shall be responsible for
planning and coordinating stimulating activities for the residents;
• An on -site wellness facility shall provide exercise and general fitness opportunities for the residents.
• Each unit shall be equipped with devices provided to notify emergency service providers in the event of
a medical or other emergency;
• Independent living units shall be designed so that a resident is able to age in place. For example,
kitchens may be easily retrofitted by lowering the sink to accommodate a wheelchair bound resident or
bathrooms may be retrofitted by adding grab bars.
Recreational Vehicle Park Criteria
• Any RV Park may be located in one location as generally depicted on Exhibit C, MPUD Master Plan.
• This area shall be developed either with an RV Park or residential land uses, and not be a combination of
both.
• The RV Park shall be limited to Class A motorcoaches only.
• In no instance shall greater than 290 Recreational Vehicle units be developed in the entire MPUD.
• The density of the RV park shall not exceed 12 RV units for each acre of the development parcel [not
less than 20 acres].
• The Lord's way shall be the principal access to Collier Boulevard (CR -951).
• A 25 foot Type C landscape buffer shall be located between any RV land use and adjoining residentially
zoned or developed parcel.
Sizn Development Standards
Boundary Markers shall be no greater than 15 feet in height, and shall not exceed 64 square feet of
sign content area (See Exhibit E, Deviation #3). Each of these permitted signs shall only contain the
name of the project or any major use, insignia or motto of the entire development.
Any signage proposed for identifying the on -site Swamp Buggy Attraction land use in the
Commercial Tract may be illuminated and manually changeable so the traveling public may learn of
upcoming events in the Attraction Tract.
Any land uses permitted within the boundaries of the MPUD shall be considered on -site for the
purposes of providing for signage within the Commercial Tract.
Site Development, or Plat Approval
• At the time of each development order application subsequent to rezone approval, the developer or
its successors and assigns shall submit a list of previously approved land uses (approved via site
development plan, or plat), and the trips, commercial square footage and residential units consumed
to date. Developer shall also provide to County a copy of its master list of land uses and converted
uses for this PUD with each SDP or plat application in the form attached as Exhibit G.
Hacienda Lakes, PUDZ-2006-AR- 10 146
Approved CCPC Consent — Rev. 09/15/11
Packet Page -315-
Page 19 of 51
10/11/2011 Item 8. D.
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
SETBACK
SiNGt.F
ZERO LOT
TWO
TOWNHOUSE
MULTI-
CLUB
RECREAT-
FAMILY
LINH
FAMILY/
FAMILY
HOUSE/
IONAL
DETACHED
DUPLEX
DWELLINGS
REC-
VEHICLE
REATION
PARKS
BLDGS
PRE CIPAL
STRUCTIJRF.S
Minimum Lot Area
4,800 SF
4,000 SF
3.500 SF per
1,800 SF per lot
1 acre
800 SF per
lot
10,000 SF
space/unit
Minimum Lot Width
40'
35'
35' per lot
18'per lot or
150'
35'
unit
N/A
15' or '1z BH,
15' or' /., BH,
15' or % B13,
15' or,/: BH,
15' or % BH,
15' or Y2 BH,
15'
Minimum Distance From
whichever is
whichever is
whichever is
whichever is
whichever is
whichever is
MPUD Boundary
greater.
I greater-
greater.
greater.
greater.
greater.
20', or 15'
20', or 15'
20', or 15'
20'
20' or %: BH,
10'
with side
with side
with side
whichever is
Front Yard Setback
load garages
load garages
load garages
greatcr,
N/A
Side Yard
6'
0' or 10'
0' or 6
0' or 6'
% BH
5'
N/A
Rear Yard
15'
15'
15'
15'
15' or ' /z BII,
8'
whichever is
Greater
N/A
From Preserve
25'
25'
25'
25'
25'
25'
25'
Maximum Zoned Height
35'
35'
35'
45'
75'
40'
30
Maximum Actual Height
42'
42'
42'
50'
85'
50'
35'
Floor Area Minimum (SF)
1200 SF
1000 SF
1000 SF
900 SF
750 SF
N/A
N/A
inimum Distance
15' or IT
10'
etween
rincipal Structures
12'
10'
12'
(2'
y
z SBH
SBH,
whichever is
greater
ACCESSORY
STRUCTURES
Front I
SPS
SPS
SPS
SPS
SPS
SPS
SPS
Side
SPS
SPS
SPS
SPS
SPS
SPS
SPS
Rear
5'
5'
5'
5'
5'
10'
SPS
From Preserve
10'
10'
10'
10'
10'
10'
10'
Minimum Distance
10'
Between Accessory
Structures on saint lot
0' or 10'
0' or 10'
0' or10'
0' or 10'
0' or 10'
0' or 10'
Minimum Distance
0' OR 10'
Between Accessory and
Principle Structures on
same lot
0' or 10'
0' or 10'
0' or10'
0' or 10'
0' or 10'
0' or 10'
Maximum Zoned Height
SPS
SPS
SPS
SPS
35'
SPS
SPS
Maximum Actual Height
SPS
SPS
SPS
SPS
SPS
35'
SPS
Minimum Distance From
15'or' /z BH
15 or 1/2 BH
15' or /z BH
15' or % BH
15' or % BH
15' or' /Z BH
15' or is BH
MPUD Boundary"
whichever is
whichever is
whichever is
whichever is
whichever is
whichever is
whichever is
eater I
greater
greater
greater
greater
greater
greater
SPS: Same as Principal Structure
LL: Lot Line
BOC: Back Of Curb
Paseo: A pedestrian only access way to and from residences.
N /A: Not Applicable
BH: Zoned Building Height
SBH: Sum of Building Heights
"Principal and Accessory Uses shall not protrude or encroach into any required landscape buffer
Hacienda Lakes, PUDZ- 2006 -AR -10146
Approved CCPC Consent — Rev. 09/15/11 Page 20 of 51
Packet Page -316-
10/11/2011 Item 8.D.
General application of setbacks: Front yard setbacks shall comply with the following:
i. If the parcel is served by a public or private road right -of -way, the setback is measured from
the adjacent right -of -way line.
ii. If the parcel is served by a non - platted private drive, the setback is measured from the back
of curb or edge of pavement.
Notes:
I ) Structures adjacent to a lake may have no setback from the lake maintenance easement.
2) Entrance features (i.e.: guard house, clock towers and colonnades) are limited in height to no greater
than 35 feet in actual height.
3) Two or three story multi- family structures may have terraced setbacks. Terraced setbacks shall be
measured from the ground floor exterior wall, as long as a minimum 15 -foot building wall setback is
provided as depicted in Figure I below.
4) For all residential units, garages shall be located a minimum of 23 feet from the back of the sidewalk
closest to the garage, except for side loaded garages, wherein a parking area 23 feet in depth must be
provided perpendicular to the sidewalk to prevent vehicles being parked across a portion, or all of the
referenced sidewalk.
5) No residential buildings greater than 50 feet in actual height shall be permitted west of the Florida
Power and Light easement.
PROF
U
Hacienda Lakes, PUDZ-2006-AR- 10 146
Approved CCPC Consent — Rev. 09/15/11
Figure 1
Terraced Setbacks
Packet Page -317-
Page 21 of 51
I ^•
10 FOOT MNIMUM ACCESSORY -%
FROM PRESERVE
25 FOOT MINIMUM PRINCIPAL
STRUCTURE SETBACK
FROM PRESFJtVE
5' 1
I
1
FRONT YARD PRINCIPAL
STRUCTURE SETBACK 1
RON___L
5' S0EWAUt- _
BACK OF CURB
PRFMIVE
ACC. SR.
10' 'MIN.
MIN_
15'
ACC. FM - ACCESSOR'/ STRUCTURE
12' MIN. 5' MIN.
PRINCIPAL
STRUCTURE
0-TP-) fT
10/11/2011 Item 8.D.
15' MIN. REAR YARD PRWgPAL
STRUCTURE SETBACK
' _6' MIN. SIDE YARD PRINCIPAL
STRUCTURE SETBACK
I
1
N _ 23 MINI. t
NOT TO SCALE
NOT DRAWN PROPORTONAU.Y
Figure 2
Detached Single - Family Units
E m_??13
Hacienda Lakes, PUDZ- 2006 -AR -10146
Approved CCPC Consent — Rev. 09/15/11
Packet Page -318-
Page 22 of 51
)
PRLSFIRVE )
�•�✓ J
5' MRN. REAR YARD ACCEBSORI'
STRUCTURE SETBACK
10 FOOT MINIMUM AOCESSORY
r _
-
STRUCTURE SETBACK
1 I
FROM PRESERVE
I
15' MIN. REAR YARD PRINCIPAL
STRUCTURE SEMACK
25 FOOT MINIMUM PRINCIPAL
i AC- STR
STRUCTURE SETBACK
FROM PRESERVE
I
I 1 I I
I 7 I
10' YIN. 10' MIN. 10' MIN. �_O'
MIN. SIOB YARD PRINCIPAL
1 I I I
STRUCTURE SETBACK
1 I PRINCIPAL I I
23' MIN. f STRUCTURE
I t 1 1
1 1
I 1
FRONT YARD
i - I
PRINCIPAL
F�TSTRUVTUURE
SETBAPCK
1 3
15' YtN. �
SETBA
I Yy1
1 L M .
ROW
$' SIDEWALK
_
BACK OF CU
10' YIN,
CENTERLI NE
_ .,...._ ---- -} - - ....
ACC. STR. - ACCESSORY STRUCTURE
NOT TO SCALE
NOT DRAIN) PROPORTIONALLY
Figure 3
Detached Single - Family /Zero Lot Line Units
Hacienda Lakes, PUDZ- 2006 -AR -10146
Approved CCPC Consent — Rev. 09/15/11
Packet Page -318-
Page 22 of 51
10/11/2011 Item 8. D.
FRONT YARD PRINCIPAL
STRUCTURE SEt">SAGf I 15' MIN. —
ROW
5' SIDF]YALK ---
BACK OF CURB
10' YIN.
CENTERLNE — . — —
AOC. SIR. - ACCESSORY STRUCTURE
T -l�_ Ll
�i R20' I I
NOT TO WALE
NOT DRA* PROPDRfomALLY
Figure 4
Duplex and Two - Family Units
PRESERVE
)
STRUCR/RE SETBACK
10 FOOT MINIMUM AORY
I 15' MIN. REAR YARD PRINCIPAL
STR=RE SETBACK
I
I
S' MIN. REAR YARD ACCESSORI'
----
�---
---- �-- -- --
-�
10 I= MINpWM ACCESSORY
I
O SIDE YARD REQUIRED MR
25 FOOT YWWUM PRR/CIPA1
STRUCiiJRE SE�9MSC
I
I ATTACHED PRINCIPAL UNITS
STRUCTURE SETBACK I
I
I
I
1
15' MIN. REAR YARD PRINCIPAL
FR011 PRESERVE 1
I
I
1
1
/'STRUCTURE SLIaWK
25 FOOT MWIMUM PRINCIPAL CC.
FrRUCRM SETBACK ( A STR.
i
I
ACC. SR
I
I
j
FROM PRESERVE t
t
I
1
1
I
I
I
I
t I t
1
NO SIX YARD REQU1RM FOR
1
I I 1
I2O MIN.
ATACHED PRINCIPAL UNITS
5' MIN.
Ir MIN.
5' SIDEWALK(
I
I
I
I
1
i
I
PRINCIPAL
I
I
10' MIN.
STRUCTURE
CENTERLINE
A' M
2.i' MIN.
— —
(TYP -)
MNCPAL
STRUCTURE
I
1
I
I
I
{
I
I
1
1
FRONT YARD PRINCIPAL
STRUCTURE SEt">SAGf I 15' MIN. —
ROW
5' SIDF]YALK ---
BACK OF CURB
10' YIN.
CENTERLNE — . — —
AOC. SIR. - ACCESSORY STRUCTURE
T -l�_ Ll
�i R20' I I
NOT TO WALE
NOT DRA* PROPDRfomALLY
Figure 4
Duplex and Two - Family Units
ACC. STR. — ACCESSORY STRUCTURE
NOT TO SCALE
NOT DRAWN PROPORTIONALLY
Figure 5
Attached Single - Family and Townhouse Units
Hacienda Lakes, PL-DZ-2006-AR- 10 146
Approved CCPC Consent --Rev. 09/15/11
Packet Page -319-
Page 23 of 51
5' MIN. REAR YARD ACCESSORY
STRUCR/RE SETBACK
10 FOOT MINIMUM AORY
I 15' MIN. REAR YARD PRINCIPAL
STR=RE SETBACK
I
I
I I I STRUCTURE SETBACK
FROM PRESOM
I
I 1 I t
I
I
O SIDE YARD REQUIRED MR
25 FOOT YWWUM PRR/CIPA1
STRUCiiJRE SE�9MSC
I
I ATTACHED PRINCIPAL UNITS
FROM PRESERVE
I
i
12' I
t
Muc
t
PRINCIPAL SI' (I^fURE MIN. SIDE YARD PRINQPAL
I
[—Ir
STRUCTURE SETBACK
I
I
I
I
FRONT YARD PRINCIPAL
I
I
STRUCTURE SETBACK
I
t I t
1
I I 1
I2O MIN.
23 ' MW
ROW
5' SIDEWALK(
BACK OF CU
10' MIN.
CENTERLINE
— —
ACC. STR. — ACCESSORY STRUCTURE
NOT TO SCALE
NOT DRAWN PROPORTIONALLY
Figure 5
Attached Single - Family and Townhouse Units
Hacienda Lakes, PL-DZ-2006-AR- 10 146
Approved CCPC Consent --Rev. 09/15/11
Packet Page -319-
Page 23 of 51
10/11/2011 Item 8. D.
Hacienda Lakes, PUDZ-2006-AR- 10 146
Approved CCPC Consent —Rev. 09/15/11
wr ,O SCAU
wor OR" raoPomdmuir
Figure 6
Multi- Family Units
Packet Page -320-
Page 24 of 51
10/11/2011 Item 8. D.
TABLE II
COMMERCIAL, INCLUDING MIXED USE BUILDINGS, PUBLIC FACILITY, AND SENIOR
HOUSING DEVELOPMENT STANDARDS
DEVELOPMENT STANDARD
PRINCIPAL USES
ACCESSORY USES
MINIMUM LOT AREA
10,000 SQUARE FEET
NIA
MINIMUM LOT WIDTH
100 FEET
N/A
MINIMUM YARDS (MEASURED FROM LOT
BOUNDARY)
25 FEET OR %z THE
BUILDING HEIGHT,
WHICHEVER IS GREATER * ** .
10 FEET
MINIMUM YARDS (MEASURED FROM MPUD
BOUNDARIES * * **
25 FEET
10 FEET
PRESERVE SETBACK
25 FEET
10 FEET
MIN. DISTANCE BETWEEN
STRUCTURES
15 FT. OR %z THE SUM OF
BUILDING HEIGHTS*
10 FEET
MAXIMUM ZONED HEIGHT
50 FEET * * * **
25 FEET
MAXIMUM ACTUAL HEIGHT
60 FEET * * * **
30 FEET
MINIMUM FLOOR AREA — COMMERCIAL
MINIMUM FLOOR AREA — SENIOR HOUSING
MINIMUM FLOOR AREA — PUBLIC FACILITY
600 SQUARE FEET **
350 SQUARE FEET
1,500 SQUARE FEET
N/A
N/A
N/A
MIN. GROSS FLOOR AREA PER UNIT
600 SQUARE FEET **
80 SQUARE FEET **
* Whichever is greater
** Not applicable to kiosks
* ** General application for setbacks: Front yard setbacks shall comply with the following:
i. If the parcel is served by a public or private road right -of -way, the setback is measured
from the adjacent right -of -way line.
ii. If the parcel is served by a non - platted private drive, the setback is measured from the
back of curb or edge of pavement.
* * ** Principal and Accessory Structures shall not protrude or encroach into any required landscape
buffer.
* * * ** except that a hotel, destination resort, senior housing or mixed use building may be up to 75 feet
in zoned height and 85 feet in actual height.
Note: Any independent living unit proposed for development in a single - family type of configuration shall
comply with the development standards for single- family land uses set forth in Table I.
Hacienda Lakes, PUDZ - 2006 -AR -10146
Approved CCPC Consent — Rev. 09/15/11
Packet Page -321-
Page 25 of 51
10/11/2011 Item 8. D.
TABLE III
BUSINESS PARK AND SCHOOL DEVELOPMENT STANDARDS
(EXCLUDES COLLIER COUNTY SCHOOL DISTRICT PUBLIC SCHOOLS)
DEVELOPMENT STANDARD
PRINCIPAL. USES .
ACCESSORY USES,
MINIMUM LOT AREA
8,000 SQUARE FEET
N/A
MINIMUM LOT WIDTH
80 FEET
N/A
MINIMUM YARDS (MEASURED FROM TRACT
50 FEF,T * **
10 FEET
BOUNDARY) — BUSINESS PARK
MINIMUM YARDS (MEASURED FROM TRACT
BOUNDARY) — SCHOOL
50 FEET * **
25 FEET
MINIMUM YARDS (MEASURED FROM MPUD
N/A
N/A
BOUNDARIES
PRESERVE SETBACK
25 FEET
10 FEET
MIN. DISTANCE BETWEEN
15 FT. OR !h THE SUM OF
10 FEET
STRUCTURES - BUSINESS PARK
BUILDING HEIGHTS
MIN. DISTANCE BETWEEN
or 18 FEET
10 FEET
STRUCTURES - SCHOOL
MAXIMUM ZONED HEIGI IT - BUSINESS PARK
35 FEET
35 FEET
MAXIMUM ZONED HEIGHT- SCHOOL
50 FEET
50 FEET
MAXIMUM ACTUAL HEIGHT — BUSINESS PARK
50 FEET
35 FEET
MAXIMUM ACTUAL HEIGHT - SCHOOL
60 FEET
60 FEET
MINIMUM FLOOR AREA — BUSINESS PARK
1000 SQUARE FEET
N/A
MINIMUM FLOOR AREA - SCHOOL
or 350 SQUARE FEET
35 SQUARE FEET
MIN. GROSS FLOOR AREA PER UNIT
BUSINESS PARK
500 SQUARE FEET
80 SQUARE FEET
SCHOOL
N/A
N/A
* Whichever is greater
* ** General application for setbacks: Front yard setbacks shall comply with the following:
i. If the parcel is served by a public or private road right -of -way, the setback is measured
from the adjacent right -of -way line.
ii. If the parcel is served by a non - platted private drive, the setback is measured from the
back of curb or edge of pavement.
The Lord's Way Access Improvements:
In the event that Tract BP is developed as a business park, the Lord's Way shall be improved by the
Developer with roadway facilities as depicted by LDC Appendix B4, a Commercial/Industrial typical
roadway section, prior to the issuance of the first certificate of occupancy for a business parkland use. In the
event that Tract BP is developed as an educational facility, the Lord's Way shall be improved by the
Developer as depicted by LDC Appendix B -3, a Local Street typical roadway section.
Hacienda Lakes, PUDZ - 2006 -AR -10146
Approved CCPC Consent —Rev. 09/15/11
Packet Page -322-
Page 26 of 51
10/11/2011 Item 8. D.
TABLE IV
ATTRACTION AND JUNIOR DEPUTY DEVELOPMENT STANDARDS
DEVELOPMENT STANDARD
PRINCIPAL USES
ACCESSORY USES
MINIMUM LOT AREA
1 ACRE
N/A
MINIMUM LOT WIDTH
100 FEET
N/A
MINIMUM YARDS (MEASURED FROM
TRACT BOUNDARY)
20 FEET, PLUS 1 FOOT FOR
EACH 2 FEET OF BLDG. HT.
OVER 50 FEET
20 FEET
MINIMUM YARDS (MEASURED FROM
MPUD BOUNDARIES
25 FEET
20 FEET
PRESERVE SETBACK
25 FEET
10 FEET
MIN. DISTANCE BETWEEN
STRUCTURES
15 FT. OR `h THE SUM OF
BUILDING HEIGHTS*
10 FEET
MAXIMUM ZONED HEIGHT
50 FEET
50 FEET
MAXIMUM ACTUAL: HEIGHT
75 FEET
75 FEET
MINIMUM FLOOR AREA
1000 SQUARE FEET **
N/A
* Whichever is greater
** Not applicable to modular units, trailers, towers, camping pavilion, and similar structures to support the
utilization of the attraction facilities, which have no minimum floor area limitations
Parking for Junior Deputy: Required parking for the JD designated areas of the MPUD shall be calculated
at the rate of one parking space for each 1000 square feet of covered camping pavilion.
Junior Deputy Target Orientation: Archery and air rifle ranges shall be oriented for a line of fire only to
the east, or north, and shall have a back stop that shall be comprised of absorbing materials such as an
earthen berm, hay bales, or similar treatments, each installed according to industry standards, to prohibit
projectiles from exiting the range area.
Hacienda Lakes, PUDZ-2006-AR- 10 146
Approved CCPC Consent — Rev. 09/15/11
Packet Page -323-
Page 27 of 51
I/ .
10/11/2011 Item 8. D.
Exhibit C
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10/11/2011 Item 8. D.
EXHIBIT D
LEGAL DESCRIPTION
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN
SECTION 11 THROUGH 14 AND 23 THROUGH 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST AND SECTION 19
AND 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING FURTHER BOUND
AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 30; THENCE S.89 °10'42 "W. ALONG THE
SOUTH LINE OF SAID SECTION FOR 2835.68 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION;
THENCE S.8901 1' 14 "W. ALONG SAID SOUTH LINE FOR 2906.24 FEET TO THE SOUTHEAST CORNER OF SAID
SECTION 25; THENCE S.89 °09'39 "W. ALONG THE SOUTH LINE OF SAID SECTION FOR 2693.18 FEET TO THE
SOUTH QUARTER CORNER OF SAID SECTION; THENCE S.89 °11'01 "W. ALONG SAID SOUTH LINE FOR
2693.80 FEET TO THE SOUTHWEST CORNER OF SAID SECTION; THENCE N.00 113'35 "W. ALONG THE WEST
LINE OF SAID SECTION FOR 2636.34 FEET TO THE WEST QUARTER CORNER OF SAID SECTION; THENCE
N.00 °14'15 "W. ALONG SAID WEST LINE FOR 2637.01 FEET TO THE NORTHWEST CORNER OF SAID
SECTION; THENCE N.87 007'13 "E. ALONG A LINE COMMON TO SAID SECTION 24 AND 25 FOR 1704.07 FEET
TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 24; THENCE N.01 °08'02 "E. ALONG THE EAST
LINE OF SAID FRACTION FOR 684.58 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE
N.87 012'28 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 340.01 FEET TO AN INTERSECTION WITH
THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID
SECTION; THENCE N.01 004'11 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 2052.01 FEET TO THE
NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION; THENCE S.87 °28'21 "W. ALONG SAID NORTH LINE FOR 2025.64
FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 23 AND 24; THENCE S.89 101'58 "W. ALONG
THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23 FOR 1328.51 FEET TO THE
NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION;
THENCE S.01 0 1.8'52 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 679.65 FEET TO THE SOUTHEAST
CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER;
THENCE S.89 022'00 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 663.28 FEET TO THE
SOUTHWEST CORNER OF SAID FRACTION; THENCE N.01 114'38 "E. ALONG THE WEST LINE OF SAID
FRACTION FOR 675.75 FEET TO THE NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION
WITH THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE S.89 001'58 "W,
ALONG SAID NORTH LINE FOR 664.25 FEET; THENCE CONTINUE S.89 101'58 "W. ALONG SAID LINE FOR
627.16 FEET; THENCE N.01 001'15 "E. FOR 1699.99 FEET; THENCE S.89 °01'58 "W. FOR 701.42 FEET TO AN
INTERSECTION WITH THE EAST LINE OF A 170 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY
EASEMENT; THENCE S.01 °01'15 "W. ALONG SAID EAST LINE FOR 68.31 FEET; THENCE S.89 001'58 "W. FOR
1232.97 FEET TO AN INTERSECTION WITH THE EAST LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 21, AT PAGE 183 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY; THENCE N.00 051154 "E.
ALONG SAID EAST LINE FOR 956.27 FEET TO AN INTERSECTION WITH A LINE 30.00 FEET SOUTH OF AND
PARALLEL WTT14 (AS MEASURED ON A PERPENDICULAR) THE SOUTH LINE OF SAID SECTION 14;
THENCE N.87 °37'31 "E. ALONG SAID PARALLEL LINE FOR 1237.00 FEET TO AN INTERSECTION WITH THE
EAST LINE OF SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE N.01 °01'15 "E. ALONG
SAID EAST LINE FOR 30.05 FEET TO THE SOUTHWEST CORNER OF THE SOUTH HALF OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE N.87 °37'31 "E. ALONG THE
SOUTH LINE OF SAID FRACTION FOR 1337.24 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST
QUARTER OF SAID SECTION 14; THENCE N.00 °48'00 "E. ALONG THE EAST LINE OF SAID FRACTION FOR
2683.32 TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER; THENCE S.87 031'38 "W. ALONG THE SOUTH LINE OF SAID
FRACTION FOR 334.19 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.00 148'11 "E.
ALONG THE WEST LINE OF SAID FRACTION FOR 1341.38 FEET TO THE NORTHWEST CORNER OF SAID
FRACTION AND AN INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION; THENCE S.87 028'42 "W. ALONG SAID SOUTH LINE FOR 1002.41
FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE EAST LINE
OF SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE N.00 148'45 "E. ALONG SAID WEST
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AND EAST LINE FOR 335.13 FEET TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTH
HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE S.87 °27'58 "W. ALONG THE
NORTH LINE OF SAID FRACTION FOR 1236.32 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID
LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 21, AT PAGE 183; THENCE N.00 °49'30 "E. ALONG SAID
EAST LINE FOR 1004.62 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 11;
THENCE N.00 050'27 "E. ALONG SAID EAST LINE FOR 344.07 FEET TO AN INTERSECTION WITH THE NORTH
LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER; THENCE N.87 °28'56 "E. ALONG SAID NORTH LINE FOR 1235.95 FEET TO THE NORTHEAST
CORNER OF SAID FRACTION; THENCE S.00 049'13 "W. ALONG THE EAST LINE OF SAID FRACTION FOR
342.92 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH
LINE OF SAID SECTION 14; THENCE N.87 125'45 "E.' ALONG SAID NORTH LINE FOR 1336.32 FEET TO THE
NORTH QUARTER CORNER OF SAID SECTION; THENCE CONTINUE N.87 °25'45 "E. ALONG SAID NORTH
LINE FOR 668.16 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SAID SEC TION; THENCE S.00 °47'37 "W. ALONG THE EAST LINE OF SAID
FRACTION FOR 671.11 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14; THENCE N.87 °27'14 "E. ALONG
THE NORTH LINE OF SAID FRACTION FOR 668.22 FEET TO THE NORTHEAST CORNER OF SAID FRACTION;
THENCE S.00047'14 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 671.39 FEET TO THE SOUTHEAST
CORNER OF SAID FRACTION; THENCE N.87 028'42 "E. ALONG THE SOUTH LINE OF THE NORTH HALF OF
THE NORTHEAST QUARTER OF SECTION 14 1336.55 FEET TO THE SOUTHEAST CORNER OF SAID
FRACTION AND THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 13; THENCE N.87 °30'06 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR
1328.72 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.00 °38'50 "E. ALONG THE EAST
LINE OF SAID FRACTION FOR 1345.26 FEET TO THE NORTHEAST CORNER OF SAID FRACTION AND THE
SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 12; THENCE
N.00 °4 1'44 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 2707.07 FEET TO THE NORTHWEST CORNER
OF SAID FRACTION; THENCE N.87 040'34 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 1321.29
FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00 °36'23 "W. ALONG THE EAST LINE OF
SAID FRACTION FOR 2701.30 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION SAID POINT BEING
THE NORTH QUARTER CORNER OF SAID SECTION 13; THENCE S_87 °26'11 "W. ALONG THE NORTH LINE OF
SAID SECTION FOR 662.90 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE S.00 °35'02 "W. ALONG THE EAST
LINE OF SAID FRACTION FOR 1345.93 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE
S.87 030'06 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 664.36 FEET TO THE SOUTHWEST
CORNER OF SAID FRACTION AND SAID SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER; THENCE S.00 038'50 "W. ALONG THE WEST LINE OF THE NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER FOR 672.63 FEET TO THE SOUTHWEST
CORNER OF SAID FRACTION; THENCE N.87 132'03 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR
665.09 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.00 °35'02 "W. ALONG THE EAST
LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER FOR
672.97 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.87 °33'59 "W. ALONG THE SOUTH
LINE OF SAID FRACTION FOR 665.81 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE
S.00 038'51 "W. ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
FOR 1345.10 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.87 °37'27 "W. ALONG THE
SOUTH LINE OF SAID FRACTION FOR 667.27 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE S.00 °42'40 "W. ALONG THE WEST
LINE OF SAID FRACTION FOR 1344.51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND AN
INTERSECTION WITH THE NORTH LINE OF SAID SECTION 24; THENCE N.87 °40'54 "E. ALONG SAID NORTH
LINE FOR 2006.20 FEET TO THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER; THENCE S.00 056'29 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 1368.25
FEET TO THE SOUTHWEST CORNER. OF SAID FRACTION; THENCE N.87 134'58 "E. ALONG THE SOUTH LINE
OF SAID FRACTION FOR 1343.68 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE
N.0004 1'32"E. ALONG THE EAST LINE OF SAID FRACTION FOR 1365.31 FEET TO THE NORTHEAST CORNER
OF SAID FRACTION; THENCE N.87 041'38 "E. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF
THE NORTHEAST QUARTER FOR 1337.58 FEET TO THE NORTHEAST CORNER OF SAID SECTION; THENCE
S.00 026'32 "W. ALONG THE EAST LINE OF SAID SECTION FOR 1703.00 FEET TO THE SOUTHEAST CORNER
OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER; THENCE S.87 °33'18 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 672.60
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FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF
THE NORTHEAST QUARTER; THENCE S.00 °34'02 "W. ALONG SAID WEST LINE FOR 1022.89 FEET TO THE
SOUTHWEST CORNER OF SAID FRACTION; THENCE N.87 °28'21 "E. ALONG THE SOUTH LINE OF SAID
FRACTION FOR 674.89 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 19; THENCE S.88 °12'42 "E.
ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER FOR 3093.52 FEET TO THE NORTHEAST
CORNER OF SAID FRACTION; THENCE S.03 139'20 "W. ALONG THE EAST LINE OF SAID FRACTION FOR
2676.74 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE N.88 156'10 "W. ALONG THE
SOUTH LINE OF SAID FRACTION FOR 2940.59 FEET TO THE SOUTHWEST CORNER OF SAID SECTION;
THENCE S.87 °07'20 "W. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 FOR
2726.50 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION; THENCE S.87 107'1.3 "W. ALONG THE
NORTH LINE OF THE NORTHWEST QUARTER FOR 807.16 FEET; THENCE S.03 °18'31 "E. FOR 1451.00 FEET;
THENCE N.88 056'54 "E. FOR 1582.00 FEET; THENCE S.00 131'35 "E. FOR 1130.61 FEET; THENCE S.89 115'59 "E.
FOR 1823.18 FEET TO THE EAST QUARTER CORNER OF SAID SECTION; THENCE N.89 157'58 "E. ALONG THE
NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30 FOR 2200:53 FEET TO THE NORTHWEST CORNER
OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE
S.00 037'14 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 1344.51 FEET TO THE SOUTHWEST
CORNER OF SAID FRACTION; THENCE N.89 °3443 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR
365.01 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF THE WEST HALF OF THE SOUTH HALF; THENCE S.0004 1'48"W. ALONG THE
WEST LINE OF SAID FRACTION FOR 671.03 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION;
THENCE N.89 023'00 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 364.14 FEET TO THE SOUTHEAST
CORNER OF SAID FRACTION; THENCE N.89 °22'35 "E. FOR 710.09 FEET TO THE SOUTHEAST CORNER OF
THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE EAST HALF OF
THE SOUTH HALF; THENCE N.00 °52'45 "E. FOR 1334.78 FEET TO THE NORTHEAST CORNER OF THE EAST
HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH
HALF; THENCE S.89 °46'12 "W. ALONG THE NORTH LINE OF SAID FRACTION FOR 356.23 FEET TO THE
NORTHWEST CORNER OF SAID FRACTION; THENCE N.00 049'34 "E. ALONG THE EAST LINE OF THE WEST r1
HALF OF TIE NORTHWEST QUARTER. OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH
HALF FOR 668.60 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE N.89 °57'58 "E. ALONG
THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30 FOR 2497.82 FEET TO THE EAST QUARTER
CORNER OF SAID SECTION; THENCE S.O1 °12'08 "W. ALONG THE EAST LINE OF THE SOUTHEAST QUARTER
OF SAID SECTION FOR 2640.60 FEET TO THE POINT OF BEGINNING.
101,084,043 SQUARE FEET OR 2,320.6 ACRES +/-
LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCELS:
PARCEL "A"
BEGINNING AT THE NORTHEAST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF OF SAID SECTION 30; THENCE
S.00059'10 "W. FOR 1329.95 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE
S.89 022'35 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 355.05 FEET TO THE SOUTHWEST
CORNER OF SAID FRACTION; THENCE N.00 155'57 "E. FOR 1332.36 FEET TO THE NORTHWEST CORNER OF
SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF
THE SOUTH HALF; THENCE N.89 °46'12 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 356.23 FEET
TO THE POINT OF BEGINNING.
473,270 SQUARE FEET OR 10.9 ACRES +/-
PARCEL "B"
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTEROF SAID SECTION 24; THENCE N.87 °28'21 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR
1349.77 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00 °40'10 "W. ALONG THE EAST
LINE OF SAID FRACTION FOR 1361.17 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE
S.87 017'48 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1356.51 FEET TO THE SOUTHWEST
CORNER OF SAID FRACTION; THENCE N.00 °5629 "E. ALONG THE WEST LINE OF SAID FRACTION FOR
682.86 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE S.87 °23'02 "W. ALONG THE SOUTH LINE
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OF SAID FRACTION FOR 338.41 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE
N.01 000'20 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 683.43 FEET TO THE NORTHWEST CORNER
OF SAID FRACTION; THENCE N.87 °28'21 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 337.61 FEET
TO THE POINT OF BEGINNING.
2,072,100 SQUARE FEET OR 47.6 ACRES +/-
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EXHIBIT E
LIST OF REQUESTED DEVIATIONS FROM LDC
Deviation #1 seeks relief from LDC Subsection 6.06.01.B, related to streets in subdivisions, that requires
subdivisions to have platted road rights -of -way for streets, to allow private streets to be provided by separate
access easements rather than platted road rights -of way.
Deviation #2 seeks relief from LDC Section 5.04.04.B.5.c that limits the number of model homes, to allow
one model home for each variant of the residential product proposed in the various phases or communities
within the project. The number of model homes may exceed five for each phase or community within the
project, but shall not exceed a total of 60 models for the entire MPUD development.
Deviation 93 seeks relief from LDC Section 5.06.02 to allow "boundary marker" signage on property
corners fronting on existing, proposed, or future public roadways that provide access to the MPUD. The sign
content area for "boundary markers" to be located in the Residential Tract R may be 15 feet in height rather
than 8 feet in height as limited in LDC Subsection 5.06.02B.6.b.
Deviation #4 seeks relief from LDC Section 5.03.02.0.2. that limits fence or wall heights to six (6') feet, to
allow fences or walls to be no greater than eight (8') feet throughout the development. Where associated
with existing or future public roadways, or Tract A, a 20 foot tall visual screen may be installed as a wall,
berm, or walllberm combination.
Deviation #5 seeks relief from LDC Sections 4,02.13 G., and 4.06.02 C.5., that requires a six foot tall
opaque architecturally finished masonry wall, or berm, or combination thereof be provided around the
boundaries of a business park. Buffering around the proposed Business Park Tract would be as required by
the entirety of the referenced sections of the LDC, but the six foot wall, or berm, or combination thereof will
not be required on the Business Park Tract along the frontage of Lord's Way.
Deviation 46 seeks to allow one real estate sign in addition to the real estate signage permitted in LDC
Section 5.06.02 B.2., that would be erected off-site from the Residential Tract, in the Commercial Tract.
Deviation #7 The existing Swamp Buggy sign located in the southeast comer of Rattlesnake Hammock road
and Collier Boulevard shall be allowed to remain in the present location until: the sign is relocated to allow
the construction of the bridge to extend Rattlesnake Hammock Road, and /or a new sign can be permitted in
Tract C.
Deviation #8 seeks relief from LDC Section 5.05.04 D.I. that limits care unit Floor Area Ratio (FAR) to
0.45, to allow a care unit FAR of 0.60.
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EXHIBIT F
LIST OF OWNER COMMITMENTS
For the purposes of this PUD, the owner commitments set forth below are applicable to Hacienda Lakes of
Naples, LLC, its successors, and/or assigns. The owner commitments below shall not be enforceable upon
Swamp Buggy Days, Inc., nor Collier County Junior Deputies League, Inc.
LEGAL
A. Access to Parcel "A ", as described in Exhibit D of this document and is not a part of this MPUD
shall be accessible via a new roadway easement from Owner that shall be recorded in the public
records of Collier County, and shall run in a north -south direction from the existing thirty -foot
roadway easement recorded in O.R. Book 857, Page 1800. This easement shall be recorded
within 90 -days of approval of this PUD.
B. Access to Parcel "B ", as described in Exhibit D of this document and is not a part of this MPUD
shall be accessible via the existing roadway and ingress /egress easements recorded in O.R. Book
271, Page 505, O.R. Book 622, Page 1609, O.R. Book 245, Page 124, and O.R. Book 287, Page
18.
C. No existing public access /roadway easements shall be vacated to preclude access to off -site
private and public lands without providing replacement access easements. This new roadway
easement shall be equivalent to the existing easement and shall be recorded concurrently with the
vacation.
I1 ENVIRONMENTAL
A. Native vegetation shall be preserved in this MPUD in accordance with the table below:
Hacienda Lakes Native Preserve Summary
Descripition
Total
Urban (ac )
Rural ac
Project Area
2262.14
625.07
1637.07
Can -Site Native Vegetation
1721.97
295.38
1426.59
Less the Native Veg Within Rattlesnake Hammock Ext.
2.02
2.02
0.00
Less the Native Veg Within The Lords Way Ext.
0.42
0.42
0.00
Less the Native Veg Within the Benfield Road Corridor
12.91
5.01
7.90
Less the Native Veg Within Archaeological Preserves
6.07
1.06
5.02
Native Vegetation For Requirement Calculations
1700.54
286.87
1413.67
Percentage for required Native Preserve
-
25%
Required Native Vegetation*
<921.09
71.71
x849.38
Preserved Native Vegetation
1395.35
40.81
1352.57
Compensating Native Preserve 2x URF Deficit "
61.80
Total Preserve Area
1544.14
53.06
1491.08
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* Native Preserve Requirement (LDC Subsection 2.05.02.B.2.g.ii.) of 90% within the RFMUD Sending Lands exceeds
60% of the total project RFMUD Sending Lands. Therefore, over 60% of the total project RFMUD Sending Lands shall
be the required Rural native vegetation area.
** Compliance with LDC Subsection 3.05.07 H.1.a., requires native vegetation planting enhancement of a minimum of
12.24 acres of the projects URF Subdistrict Preserve Tract. Compliance with 100% of the native vegetation
preservation requirement shall be achieved through preserving RFMUD project native vegetation in an amount two times
the deficient native vegetation preserve acreage in the URF Subdistrict project lands as is provided for through the
adopted GMP amendment.
B. A Wetland Mitigation(Monitoring plan is to be submitted once approved from SFWMD, for
County review.
C. The MPUD shall be developed in accordance with the Wildlife Habitat Management Plan
accepted by Collier County as contained in the Environmental Impact Statement.
D. An updated listed species survey for the future development areas shall be submitted prior to
the next development order approval.
E. Installation of the Sabal Palm Road culvert crossings and spreader swales shall occur prior to
the first preliminary acceptance.
1111 ENGINEERING
A. A SFWMD ROW permit will be required for widening the bridge at Rattlesnake Hammock/951
over the Henderson Creek Canal.
IV ARCHAEOLOGICAL and HISTORIC RESOURCES
A. The five archaeological sites identified within the Hacienda Lakes parcel are denoted AP,
Archaeological Preserve on Sheets 3 -12 in the MPUD Master Plan Set. These sites must remain
undeveloped. A public access easement around the archaeological sites for potential digs and
further study has been provided. Disturbance to these five protected archaeological sites may
only occur with County approval and approval of the State Division of Historical Resources, and
any disturbance shall only be permitted under the direct supervision of a qualified archaeologist.
B. Historical/archeological areas are not used to meet preserve requirements because if an
archaeological dig is required, then native vegetation would have to be removed.
V EMERGENCY MEDICAL SERVICES
A. in order to mitigate for the project impacts and demand on Emergency Medical Services
(EMS), the developer shall provide a one acre parcel to Collier County. This public facility
site is identified as "PF" on the MPUD Master Plan (Exhibit Q. The dedication of the one
acre site shall be by deed to Collier County and is subject to an Emergency Medical Services
Impact Fee credit based on the fair market value of the donated property. The valuation of
the one acre site dedication has been determined to be $30,000 per acre, for the purposes of
the Emergency Medical Services .Impact Fee credit, and the conveyance shall occur no later
than at the time the 500 residential unit is included in a development order request (site
development plan, or plat), subsequent to the adoption of the DRI Development Order. If
Owner conveys to County mitigated land for the real property conveyances described in this
paragraph, then Owner shall be entitled to an EMS impact fee credit for the value of the
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mitigation, as a cost of construction for public facilities. The value of the mitigation shall be
a per acre value calculated at the total cost of state and federal mitigation of the
environmental impacts including wetland and wildlife impacts divided by the impacted
acreage of 718 acres. Developer shall provide documentation acceptable to the County to
verify this cost. The total cost of State and Federal mitigation includes land costs for onsite
preserves used for mitigation, environmental permitting costs, exotic removal, enhancement
of preservation lands, creation of wildlife habitat, hydrological improvements and any
mitigation activity required in the Army Corps of Engineers permit and South Florida Water
Management District permit for the project in order to address the project's mitigation. State
and Federal mitigation does not include County required mitigation. In lieu of EMS impact
fee credits for environmental mitigation, the County reserves the right to transfer to
Developer or Owner County -owned State or Federal panther and wetlands credits equal to
the value of the EMS impact fee credits calculated pursuant to this paragraph.
VI TRANSPORTATION
For the purposes of the following commitments, it must be understood that the property was divided
into three main areas:
North area being north of The Lord's Way extension;
South area being south of Rattlesnake Hammock Road plus School;
Benfield Road Improvements.
The South area commitments shall be constructed in a sequential manner. However, the rest of the
commitments are not sequential and can be accomplished in no specific order. Similarly, the three
areas identified above are not required to be developed in a sequential manner.
SOUTH AREA
The Owner shall construct (here forward to mean "constructed to meet minimum County
requirements for acceptance "), at its sole expense without road impact fee credits, the initial
two lanes (south side) of Rattlesnake Hammock Road Extension from C.R.951 to Florida
Power Line Easement (approximately 0.25 miles). In addition, the Owner shall construct the
Collier Boulevard/Rattlesnake Hammock Road intersection interim geometry as shown in
Figure 1, below and to improve the bridge on Rattlesnake Hammock Road Extension over
the canal to the interim geometry as shown in Figure 1, below. Upon completion (here
forward to mean "completed construction to County minimum requirements, and reserved
for future conveyance to the County at the County's request. ") of all of such improvements,
the Owner shall be allowed to develop up to 327,500 square feet of Retail Land Uses, or
Residential Pod A, or some combination of the two land uses. However, the total number of
gross trips to be generated by this portion of development shall not exceed 1,409 PM peak
hour trips. In the event that Residential Pod A is developed, access to Pod A will be either
an internal private roadway or via an extension of Rattlesnake Hammock Road to the
entrance of Pod A. These improvements and the areas allowed to develop upon completion
of these improvements are depicted in Figure 1, below. All of these improvements are site
related improvements.
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Figure 1— Hacienda Lakes DRI - Commitment I
C C*
Lezend
I x1stlig Lanesr, ar, Lanr-s
LdneS/IU'r LaUs to be Coristructeo/Recons,.ruzzed
Roadway Segment to be Constru..red
PotentiAl Arejs to be Developed
10/11/2011 Item 8.D.
IL The OxNner shall construct, at its own expense and without road Impact fee credits,
Rattlesnake Hammock Road Exiensio-n from Florida Power Line Eascrnent to the road
leadina into Swanip Buggy grounds (approximately 0.25 miles) and improve the hrld(,e, (in
Rattlesnake lianiniock Road Extonsion over the canal to the Final eoinetry as shoWll is
Figure 2, below. These improvements are site related 1111PYOVOIllentS. Upon COMPILtion of
such improvement. the Owner shall be allo,�vcd io devclop the folloNNlng additional land
Uses:
20.000 Square F-Cet of General 011-ficc, and;
50.000 Square Feet of Medical Office, and,
1-115 Room Hotel, and:
Remainin'- portion of the 327.500 SqUare 11'ect of Retail (if applicable pursuant to
Conlillitment 1). and,
Remainin- portion of Residential Pod A ff applicable. PUI-Aiant to Commitment 1),
and:
Required residential uses within Activity Center land US-,
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10/11/2011 Item 8. D.
These improvements and the area allowed to develop upon completion of these
improvements are depicted in Figure 2, below.
I Figure 2 — Havend2l Lakes DR[ - Commitment If
Ill. The Owner shall construct, at its -Ole expense, Rattlesnake Hammock Road Extension from
the road leading into Swami) Buaav in-ounds to the Future Benlield Road as a two lane road,
including construction of the Rattlesnake Hammock Road Extension at Benfield Road
intersection. Upon completion of such improvement, tile Owner ,hall be allowed to develop
the fc-illowinu, additional land uses:
919 Student Elementary School., and;
Residential Pod B.
sill-ce only a portion orthe Capaeity to be provided by this two lane section will be consumed
by the Hacienda Lakes PUD, the 01Afner shall receive road impact "Ce credits equal to 50%
of the cost of this improvement. The Cost of this improvement will be determined at the time
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Legion
E.,:tiur Lacsf'wrri Ljne�
Lanes to ht C',Ir.lilucledIPe,or.5tfuctet:
Roadway Segment fir"oisly Com uTteV
Roadway Segment to or Constr4ned
4,—
Area Previously DPve:cped
Area to :)e Deve;oped
vF
Po'e-1,61 Area to M D-e't-foped
j
Ca
1v
JAUW6
L
Ill. The Owner shall construct, at its -Ole expense, Rattlesnake Hammock Road Extension from
the road leading into Swami) Buaav in-ounds to the Future Benlield Road as a two lane road,
including construction of the Rattlesnake Hammock Road Extension at Benfield Road
intersection. Upon completion of such improvement, tile Owner ,hall be allowed to develop
the fc-illowinu, additional land uses:
919 Student Elementary School., and;
Residential Pod B.
sill-ce only a portion orthe Capaeity to be provided by this two lane section will be consumed
by the Hacienda Lakes PUD, the 01Afner shall receive road impact "Ce credits equal to 50%
of the cost of this improvement. The Cost of this improvement will be determined at the time
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10/11/2011 Item 8.D.
of construction, and shall include the fair market Value of the land or easement when the
Owner conveys the road right. Of Way to the COUnly, free and clear of liens and
encumbrances. Fair market value has been determined to be 530,000 per acre. This
improvement and the area allowed to develop upon completion of this improvement are
depicted in Figure 3. below. Fifty percent (50%) of the cost of this improvement is deemed
a site-related improvement.
I Figure 3 — Hacienda Lakes DR! - Commitment III
i.
Legend
ersrng caner /Turn Lams
LannflurnLanrs to bf Can .trurtrdlfleconsiructed
Rnaawav Scpment PrrwouAy Cnns*rLICIM
o Roaflway Segment to be constructed
Area P?evioj0V Do�velom!d
Area to be Developed
NOR TI I AREA
W. With no improvement other than a bridge to he constructed by the Owner. at its sole Cost and
without road impact fee credit, over the water canal that runs parallel to C.R-95 I at 'die
northern prqicct site access, the 0MICT shall be allowed to develop Residential Pod C (not to
exceed 300 PM peak hour trips at the connection to C.R.951 ). This improvement and the
area alto-wed to develop upon completion of this improvement are depicted in FiSIMI-C 4,
below. At no time will the County accept ownership of this bridge. This IMProVeMent is a
site related improx,cmcnt.
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10/11/2011 Item 8.D.
I Figure 4 — Hacienda Lakes DRI - Commitment IV
V- The Owner shall, at its sole expense and without road impact fee credits, complete the
reconstruction of "I'lic Lord's V`ay from C.R.951 to Florida Power line Easement and
construct the CXti2nSi011 OfThe I.Ord's %Vay from Florida Power Line Eusezntmt to the west
entrance to the Business Park with a two lane undivided cross section. in addition, when the
Collier Boulevard at The Lord's Wav intersection is sl2nalized upon meeting warrants, the
cost of the sianalization of this intersection kvill be shared proportionately aniong, the Owner
and other developments located in the area (ettst and west of C.R.951 ) and at no co,,I to
Collier County and without road impact fee credits. These improvements are site-related
improvements. Upon completion of such road improvement. the Owner shall be allowod to
develop the following additional land uses:
Business Park, and,
Residential ijod 1).
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Residential rr
Pad C
Florida
Power Line
Easement
Rattlesnake Hammock Road ibtensio n
Residential
Residential
Pod B
gt
Pod A
Les!en
16
LzrC51Tt,rrl
koadway Segmcnt Pr"ou5 y Con,,vLcte_,
Roadway 5egmwm tc k* Ccrstrvcted
iaxea Previousty 00 loped
A•ea to be Dt—_k-,PeO
V- The Owner shall, at its sole expense and without road impact fee credits, complete the
reconstruction of "I'lic Lord's V`ay from C.R.951 to Florida Power line Easement and
construct the CXti2nSi011 OfThe I.Ord's %Vay from Florida Power Line Eusezntmt to the west
entrance to the Business Park with a two lane undivided cross section. in addition, when the
Collier Boulevard at The Lord's Wav intersection is sl2nalized upon meeting warrants, the
cost of the sianalization of this intersection kvill be shared proportionately aniong, the Owner
and other developments located in the area (ettst and west of C.R.951 ) and at no co,,I to
Collier County and without road impact fee credits. These improvements are site-related
improvements. Upon completion of such road improvement. the Owner shall be allowod to
develop the following additional land uses:
Business Park, and,
Residential ijod 1).
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10/11/2011 Item 8.D.
These improvements and the area allowed to develop upon completion of these
Improvements are depicted in Figure 5, below,
When the DRI has received certificates cif occupmicy for 66 per.,�ent of the total corrunercuill
and residential development authorized by the bRI, Collier County v�ill perf(-)riTi an
evaluation and Inform the Owner if it is necessary to conveN, road right of way to the County
for the section of The L,ord's lWay Extension from the Nvest entrall;:e to the Business
Parh,,'School to Benfield Road. If Collier County requests the road right of .Nay. the Owner
shall convey by road easement to the County the needed road right of tivay up to a width of
60 feet, free and clear of all fiens, arid encumbrances, and shall receive impact fee credits
equal to 100 percent of the ,-air market value of the road easement conveyed to the County
which has been determined to be 530.000 per acre. No further certificates of %wcupancy
shall bc i5sued LIMA the road casement conveyance is recorded in the public records of
Collier County. If this seunicnt of The Lord*s Way Is not deemed necessary (throuLh
dOCUMC11tatiOn. or lack thereof, in the LRTP or the CIE) by the time the dev--lopment
achic,ves 66 percent of the total approved development quantities, this commitment shall be
considered expired.
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BENFIELD ROAD IMPROVEMENTS
Vt. The Owner shall construct, at its sole expense Benfield Road from Rattlesnake Hammock
Road Extension to the entrance of Residential Pod Evvith a two lane undivided cross section
and rcscrvc the right of way necessary for the final 4 lane divided cross section. Residential
Pod E shall be connected in a consistent manner with the County's right of way reservation
plans or construction plans for Future Benfield Road sections. Upon completion of such
improvement and acceptance by Collier Count)-, or tile improvements, the 0-.vner shall
convey to the Counh• a road casement for the road right of way needed for this section of"
Benfield Road tip to a width of 120 feet, free and clear of all liens and encumbrances. Upon
recordation of the road easement in the public records of Collier County, the Owner shall
receive road impact fee credits for 5091/0 of the fair market value of the road casement
necessary for this section of Benficlof 11,L)ad and for 100% of the increase in cost resulting
from the construction of the road according to County Standards (arterial) instead of as a
local subdivision road. The fair market value of 50% of the conveyance of the road right of
,way easement to the County has been determined to be $3 30.00
I , 0 per acre. FiftN, percent
(50%) of the fair market value of the road right of way easement and the total cost of the
improvements are site-r: -latcd improvements, The Cost Of this improvement will be
determined at the time of construction. Upon COMPICti011 Of Such improvement. the Owner
shall be allowed to develop the following additional land uses:
Residential Pod E.
These improvements and the area allowed to develop upon completion of this improvement
are depicted in N-Urc 6, below.
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10/11/2011 Item 8.D.
is - MaClenOB taxes UKI - Lammament yj
--A
A,— t,, L-
V11. Benfield Road South of Rattlesnahe Hammock Exicrision and nor-th of Residential Pod E
connection to Benfield Road: the ()%,,-ner -,mill convey ri-In of way to Collier Count); by road
easement for Benfield Road on areas not to be built by 0,wner Lip to a width of 120 feet. free
and clear of all liens and encumbrances. I ' Tpon such conveyance, Collior COOLHITN' Will
provide road impact fees credits for 100% of the fair markct value of the road easement,
The value of the right of wiv has been determined to be S-330.000 ptr acre. The area to he
conveyed is depicted in 7 F , re
i�,u 1. below.
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/1—N
Lim lo, t- k, ctr ir,.c:r^-,,C -c,,,t,,>tt,,,t#,,-,
segmerl
i{lftt 01 W',i Is *,,,—;,�nC:
10/11/2011 Item 8. D.
Vill. Benfield Road SOLA of Sabal Palm Road: the Owner shall u-)nvev by road casement to Vne
County the r'tIit of way, needed for the Future construction of Belifiluld Road south of Saba]
Palm Road (approx I mate ly 1.00 mile) tip to a width of 120 f--et free and clear oC all liens
and encumbrances and at no expense to the County. In addition. the Owner shall receive no
impact fee credits for suCh right ofway conveyance. This is a site - related improvement. The
area to be dedicated is depicted In Figure 8.1 below.
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10/11/2011 Item 8.D.
I Figure 8 — Hacienda Lakes DRI - Commitment V111
IX. As a part of its State aild Federal perttiits. the Owner ,;hall pay 5or mitigation rerltllred far
State uttd or Federal environmental impacts arising from the permitting for portions of
Benfield Road described in Commitments V} and till. In addition to this commimi nt, the
Owner shall at no cost to County either: ( ' I ) Convey drainage casement(s) to the C'ownry for
their stormwater mana -ement rkility° needs free and clear of all liens and encumbrances. or
(2) agree to accept stormwater from Benlield Road into the Project's storrivvater
mana, entent system. These are site - related contributions.
X. At two thresholds Burin- construction of this DI"U, the Ch {mcr shall provide, to Collier County,,
a transportation analysis which compares the value of the C)NVIIcr's vantributiolt to the
County's public read «etkvork against the DRf's proportionate share. (as defit7ed its the State
of Florida's 1-113 7 -207) of ,which this DRI impacts County and State road se- lnents. If
Owner*., contribution is less than its impact based on the transportation analysis, then 0h,vner
shall pay to County the difi'erence in three installm4nts starting 90 dates after the
transportation analysis is agreed to by both parties, and that each 90 days thereafter until
paid in full. The transportation contribution by the Developer shall be defined as the sum of
all road impact fees paid to date, the casts of the non site - related transportation
i-lacicrida I-A- s, l UDZ- 2006 -AR- 101.16
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10V11/2011 Item #.[l.
hmpmwonunto (those receiving road impact fee credits) on Rattlesnake Hammock Road,
Benfie|d Road arid the Lords Wuy, plus the value ofany ona4ri conveyance by
donation to the County unless othcnvisc uuhm|ukd as an impuct fee credit. The fina
transportation analysis shall be submitted to the County when _313% of approved development
trips (IJ 09 total --ross trips) have been permitted based oil building permit issuance, without
projecting [hnvond gruwdb. The second transportation analysis will be submitted -when 66%
ufthc approved development trips (2,219 total A/msuoips) have been permitted based on
building permit issuance, with o projection tovurd build out. Tile second analysis arid
rconnci|iucimo will finalize any uoxapunatipn related assessments owed by the Developer for
the build out of the Project. With the annual PD[) monitoring report, Developer shall provide
ail annual trip gcumra¢ionanalysis of trips approved by Site Development Plan approval and
building permit Issuance compared tototal trips approved within the DDJ. Upon triggering
33% or 66% as described above, Developer ehu|| submit the transportation uou}yyio
described in this paragraph within six mundm. No cc1-tiGcuICs*fnCCupxnpyshall be issued
until the traffic analysis and annual trip gencrudon nou|ys|s required by this paragraph and
any puymuots due have been delivered 1oCuuo,y, unless the BCC -rootam) extension,
X[ Prior to the issuance ofucenifiute OfoU-CUpancyhn the first 71-5.000 square feet of retail
land omcu the Owner shall consiruct, at its sole expense, u Collier Area Transit (CAT)
stoo/s`c]ter fronting the Commercial Tract C that shall include lO'x 20^ pavilion shelter
with buocbca and pntooino from the elements, and include o minimum of three (3) bike
racks. Owner shall be responsible for maintenance of the bits suopshmher unless 0vvoer
6uus to coo,uy to County at no cost to County ail casement for the bus shelter. The
location of the CAT shelte;is generally depicted below oil the Master Mobility Plan. This is
a,s,ite-relatcd contribution.
>0 Prior mthe iSSUance. ofxourtifiCaICoCOUCupar� for the first '10,mN square feet ofbusincss
park land uses, or prior mthe issuance o[u certificate ofoccupancy for school or
eduuuivxo| facility in the Business Park Tract, the Owner uhu|| construct, at its mo|n
cxpou*n,a Collier Area Transit (CA7) stop/shelter 6notiu-the Business Park Tract BP that
shall include 10'x 20' pavilion shebcrwiUh benches and protection from the elements, and
include o minimum o[ three (3) bike racks. Owner shall be responsible for maintenance of
the bus ston/ahc|t;-r mu|cms Owner elects to convey it) County, ut no cost to County all casumcntOurthobusehu|iur. The location o[ the C&7 'shelter ix�enuozi|ydepicted be}uwon
theMasier Nlobiliv Plan. This Is a site-related contribution.
!QU. DDl traffic studies iJcntlfieJ an off-she Inipact at the Interchange o[1-75 und S.R. 951
Ramps Intersection, speclficall� iu the left-turn movomcnz serving the nou66oun6S.R-95\
to westbound (northbound) 1-75 k/rningmovomeu. Asscoaneumofihis operation in -1011
indicate that changes io lane usage and yignxgecnu|J wognco! the oopurmkm of
the. intersection and delay the impacts ofth: DK|. Hacienda Lakes rruH7c becomes
significant (cxuu*da five percent o[m:rvicm volume) a1 this |mcuciun at 40.2 percent of site
trn[Go�noonuiou. When the first transportation analysis required under subsoctiooXabove
i* Undertaken (c.o. at _33 percent of site ouffio generation), the exisbnp traffic flow and level
of service at this location wi|| he reviewed arid projectcd to the build-out of the DRl. If the
2011 operational is confirmed and the intersection is, or will bo, operating o1ail
unacceptable of' service us determined by Cgunry or FDOT°|hcn the Developer will
idenbN u solution to offset its impacts and/or restore acceptable operating conditions, and
contribute its proportionate share, per subsection X above, of the cost of the improvCnient to
the appropriate government ononcy. If o proportionate sbaro pay-ment is identified as
needed, the owner shall receive road impaczfee credits for l0Oper cotn[ihinoonu{budnu.
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XIV. If OkA.:iiv-r conveys to Courim, mitigated land for the real property conveyances that are
eligible for impact fee credits described in Subsections 111, V, VI and VII of this Article VI,
Transportation, then Owner shall be entitled to a transportation impact fee credit for the
value of the State and Federal environmental mitigation. as a cost of construction for public
facilities. The value of the mitigation shall be a per acre value calculated at the total cost of
state and federal Mitigation of the environmental impacts inClUdin- wetland and wildlife
impacts divided by the impacted acreage of 718 acres. The total cost of State and Federal
mitigation includes land costs for onsite preserves used for mitigation, environmental
permitting costs, exotic removal, enhancerricrit of preservation lands, creation of wildlife
habitat, hydrological improvements and any mitigation activity required in the Arm-N, Corps
of' En'r, and SOLIlh Florida Water Management District pen-nit for the project in
Pneers pen-nil a
order to address the prqject's mitigation. State and Federal mitigation does not include
Count); required mitigation. Developer shall provide documentation acceptable to the
COMILV to 'Verify INS CO.A. In lieu of transportation impact fee credits for environmental
mitigation, the County reserves the right to transfer to Developer or Owner Count-V-owned
State or Federal panther and Nveflands credits equal 10 the Value Of the transportation impact
fee credits calculated pursuant to this Subsection XIV.
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Page of
Page 5 1
EXISTING CAT
ROUTE
(TO MARCO ISLAND)
it
man
Proposed
Access
10/11/2011 Item 8.D.
STATE
LANDS
Legend
Land Us*
Pro, aMd CAT RG-4W 4A & da
t -5% Ph'k of Saw
RoWe 4A & 4d
Cmrwc4d
E—b.9 CRT r.6j, ,y a,
ct
'ra
M.
"ii Ex,finq CAT Fu Fwv 43
E.16491P CA" k-1. 7
an a, Dcwv
�,r�L-6 puft-anit. Fmain
Sam
RuxrtNfii 4 Tx:
P.Wel awndary
Romen',.W; 1APAtal Js
Pyb,m ROW RLuwvwjon
EXISTING CAT
ROUTE
(TO MARCO ISLAND)
it
man
Proposed
Access
10/11/2011 Item 8.D.
STATE
LANDS
10/11/2011 Item 8.D.
N711 PURIAC UTILITIES
A. Per the current 2008 Water and Sewer Master Plan Update, the majority area of this project is
located within the Collier Count), Water-Sewer District Boundary; there arc some areas of this
project that currently are outside of the Collier County Water & Sewer District Boundan,_ The
areas that are not part of Collier County Water-Sewer District also do not bulona, to any other
Water-Sewer District. Since Public Utilities can provide service as requested by this project,
Impact Fees will be applied to the entire area to be developed.
B. The pr(lieut shall connect to the CCN\,'SD potable water systein at a location to be determined by
the CCWSD when capacity is available.
C. The project shall connect to the CCWSD wastewater collection and conveyance system at a
location deter-mined by CCWSD, A-licti capacity is available.
D. This future development is located on the Zone of the existing SOL1111 Hawthorn Wellfluld for tile
wellfield-SCRWTI? expansion to 20 MGD. The Rules and Regulations for protection of well
z
fields shall be followed. All well sites and pipeline easements located on and close to this
development needs to he shown on all future site development plans. PPL or any other site plans
applications.
VIII PLANNING
A. Prior to the issuance of the first residential Development Order in the Hacienda Lakes MPUD.
the Rase TDR Credits and Farly Eniry TDR Bonus Credits shall he severed and redeemed from
all Scridin- Lands to be preserved within one mile of the Urban Residential Fringe and the filing,
of executed Limitation of Development Rights Agreetneni(s)shall OCCU'r for these same lands.
B. A permanent conservation mechanism, including Limitation of Development RiL'hts
A-reenient(s). I'shall] be atlacheSapplied to all Sending I,ands to be preserved beyond one mile
of the Urban Residential Fringe prior to final approval of the first Site Development Plan (SDP)
for the I lacienda Lakes project.
IX SIVAMP BUGGY DAYS RECREATION' AND SPORTS PiRK PUD GENEICtL
DEVELOPMENT COMMITNIENTS
The folloNvin- commitincrits shall only apply to tile Attraction and Junior Deputy Tracts:
General Provisions
A. All motor ricul't) shall normally be linilted to weekends and holidays. No motor racing Or
practice will commence earlier than 9:00 a.m. and all racing shall be completed no later than
11:00 p.111,
B. The shooting and archery ranges shall meet accepted design standards re-ardinl- safety and shall
be operated and malmalned in accordance with accepted safe practices. For security and safety.
access to the shooting and archery ran-e areas shall he limited by fencing or other suitable
barriers.
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10/11/2011 Item 8. D.
C. Fencing and/or other suitable barriers will be provided on the site by the Owner for security,
safety, and traffic control.
Roadways and Traffic
A. Roadways within the subject property shall be private roadways and shall be maintained by the
Owner. Therefore, said roadways shall be constructed and surfaced in accordance with accepted
practices and as permitted by the County Engineer.
B. For special events such as the Swamp Buggy races, and as deemed necessary by the County
Sheriff, the Owner will arrange for special traffic control at the intersection of the main entrance
road with CR 951 and Rattlesnake Hammock Road.
Utilities and Service Facilities
A. The potable water supply source for the project shall be the County regional water system (now
known as the Collier County Water Sewer District).
B. Permanent sanitary facilities shall be provided for everyday use by administrative and other
personnel. Treatment and disposal of wastewater from said facilities shall be by septic
tank/drainfield, or as otherwise permitted by Florida Administrative Code and approved by the
appropriate local and /or State regulatory agencies.
C. Sanitary facilities for spectators and participants at scheduled events shall consist of portable
toilets (provided by a licensed commercial service), or permanent restroom facilities, or both.
Wastewater from any permanent facilities provided for spectator use shall be stored in a buried
holding tank of suitable capacity and subsequently removed and disposed of offsite by a licensed
commercial service; or as otherwise permitted by Florida Administrative Code and approved by
the appropriate local and/or State regulatory agencies.
D. Onsite water well or wells may be constructed (as permitted) for flooding of the Swamp Buggy
track and other non - potable uses.
X DEVELOPMENT OF REGIONAL IMPACT
A. One entity (hereinafter the Managing Entity) shall be responsible for PUD and DRI monitoring
until close -out of the PUD and DRI, and this entity shall also be responsible for satisfying all
PUD/DRI commitments until close -out of the PUD and DRI. At the time of this PUD approval,
the Managing Entity is Hacienda Lakes of Naples LLC. Should the Managing Entity desire to
transfer the monitoring and commitments to a successor entity, then it must provide a copy of a
legally binding document that needs to be approved for legal sufficiency by the County Attorney.
After such approval, the Managing Entity will be released of its obligations upon written approval
of the transfer by County staff, and the successor entity shall become the Managing Entity. As
Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County
that includes an acknowledgement of the commitments required by the PUD and DRI by the new
owner and the new owner's agreement to comply with the Commitments through the Managing
Hacienda Lakes, PUDZ- 2006 -AR -10146
Approved CCPC Consent — Rev. 09/15/11
Packet Page -346-
Page 50 of 51
10/11/2011 Item 8. D.
Entity, but the Managing Entity shall not be relieved of its responsibility under this Section.
When the PUD and DRI are closed -out, then the Managing Entity is no longer responsible for the
monitoring and fulfillment of PUD and DRI commitments.
CP\10- CPS -01024 \113
Hacienda Lakes, PUDZ- 2006 -AR -10146
Approved CCPC Consent — Rev. 09/15/11
Packet Page -347-
Page 51 of 51
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10/11/2011 Item 8.D.
HACIENDA LAKES PUD
RESIDENTIAL WORKSHEET FOR EACH SDP / PLAT / BUILDING PERMIT
TOTAL PROJECT RESIDENTIAL UNITS: 1,760 [ UP TO 1,232 MAY BE MULTI- FAMILY]
MANDATED
UNITS BY GMP: 17 IN C DISTRICT
13 IN R/MU FROM C
25 IN RMU
55 MANDATED RES UNITS
NON - MANDATED UNITS: 1,705 UNITS [UP TO 1,232 MAY BE MULTI - FAMILY IN
ENTIRE PUD]
REDUCED BY: 1. CARETAKER'S RESIDENCES IN ENTIRE PUD
2. UNITS USED FOR CONVERSION TO RV [UP TO 106 RES
UNITS IF 290 RV UNITS ARE DEVELOPED] 1 RES UNIT = 2.73
RV UNITS
3. UNITS USED FOR CONVERSION TO SENIOR HOUSING [UP
TO 112.50 RES UNITS FOR 450 SENIOR HOUSING UNITS IF
^' DERIVED FROM RESIDENTIAL]
1 RES UNIT = 4 SENIOR HOUSING EXCEPT INDEPENDENT
LIVING SINGLE FAMILY STYLE UNITS ARE 1 TO 1.
AT SDP, DETERMINE WHICH MANDATED RES UNITS OR NON - MANDATED UNITS ARE
MULTI - FAMILY AND WHICH ARE SINGLE FAMILY
DISTRICTS THAT ALLOW RES:
C DISTRICT: 17 RES UNITS (MANDATED)
R DISTRICT:
RMU DISTRICT: 38 UNITS (MANDATED)
CONVERSIONS:
TO RV IN RV DISTRICT: DEDUCT: [UP TO 106 RES UNITS IF 290 RV UNITS
ARE DEVELOPED]
TO SENIOR HOUSING: DEDUCT [UP TO 112.50 IF RES UNITS ARE DERIVED FROM
RESIDENTIAL]
� TOTAL: 1,760
3 of 5
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10/11/2011 Item 8. D.
HACIENDA LAKES PUD
COMMERCIAL WORKSHEET FOR EACH SDP
TOTAL PROJECT COMMERCIAL INTENSITY 327,500 RETAIL
IN GROSS FLOOR AREA: 70,000 OFFICE
140,000 BP
92,000 HOTEL OF 135 ROOMS
BP DISTRICT:
(A) ___- 140,000 SF OF GROSS FLOOR AREA OF BP USES; AND
IF HOTEI. BUILT HERE AND NOT IN C DISTRICT, ADD 92,000 SF OF GROSS
FLOOR AREA FOR HOTEL UP TO 135 ROOMS (HOTEL CONVERSION
DISAPPEARS)
OR
IF NO HOTEL IN BP & NO HOTEL IN C, ADD 60,000 SF OF GROSS FLOOR
AREA OF BP USES (THIS IS HOTEL CONVERSION)
OR
(B) PRIVATE OR PUBLIC SCHOOL UP TO 140,000 SF OF GROSS FLOOR AREA
(EXCLUDES COLLIER COUNTY SCHOOL DISTRICT PUBLIC SCHOOLS)
R/MU DISTRICT:
TRACT C:
UP TO 50,000 SF OF GROSS FLOOR AREA OF MEDICAL- RELATED USES
[ALL USES ARE OFFICE USES EXCEPT FOR DRUG STORES AND
PROPRIETORY STORES (GROUP 5912) WHICH IS RETAIL]
[CHECK APPROVED RETAIL IN TRACT C — CAN'T GO OVER 327,500 SF OF
GROSS FLOOR AREA OF RETAIL IN THE ENTIRE PUD]
[CHECK OFFICE IN TRACT C — CAN'T GO OVER 70,000 SF OF GROSS
FLOOR AREA IN ENTIRE PUD]
327,500 SF OF GROSS FLOOR AREA OF RETAIL;
1. DEDUCT MEDICAL RETAIL APPROVED IN RMU
2. DEDUCT SF OF GROSS FLOOR AREA OF SENIOR HOUSING NOT
DERIVED FROM RESIDENTIAL UNITS [MAX 450 SENIOR HOUSING
UNITS IN ENTIRE PUD]
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10/11/2011 Item 8. D.
,-N 3. UP TO 81,875 SF OF GROSS FLOOR AREA OF RETAIL CAN BE
CONVERTED TO OFFICE [= 25% OF TOTAL]; AND
IF NO HOTEL IN BP & HOTEL CONVERSION NOT USED IN BP, ADD 92,000
SF OF GROSS FLOOR AREA OF HOTEL UP TO 1.35 ROOMS; AND
70,000 SF OF GROSS FLOOR AREA OF PROFESSIONAL AND GENERAL
OFFICE USES
1. DEDUCT UP TO 50,000 SF OF GROSS FLOOR AREA OF
PROFESSIONAL AND GENERAL OFFICE IF APPROVED IN RMU
DISTRICT
CONVERSIONS IN TRACT C:
UP TO 25% OF RETAIL CAN BE CONVERTED TO OFFICE [UP TO 81,875 SF]
RETAIL TO OFFICE ON A ONE -TO -ONE BASIS [UP TO 81,875 SF]
RETAIL TO SF SENIOR HOUSING ON A ONE -TO -ONE BASIS [MAY
HAVE 450 SENIOR HOUSING UNITS IN ENTIRE PUD]
********************** * * * *** * * * ** * * * * * * * * * * * * * * * * * * **
5of5
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10/11/2011 Item 8. D.
20D • Wednesday, September 7, 2011 Naples Daily News
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, September 27, 2011, in the Boardroom,
3rd Floor, Admmistration Building, Collier County Government Center, 3299 East
Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the
enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The
title of the proposed Ordinance is as follows:
PUDZ - 2006 -AR- 10146: Hacienda Lakes MPUD — An Ordinance of the Board of Coun-
ty Commissioners of Collier County, Florida amending Ordinance Number 2004 -41,
as amended, the Collier County Land Development Code, which established the
comprehensive zoning regulations for Collier County, Florida by amending the ap-
ProRriate zoning atlas map or maps by changing the zoning classification of the
herein described real property. from the Agricultural (A), Agricultural- Special Treat-
ment Overlay (A -ST) and PUD zoning district (Swamp Buggy Days PUD) to the
Mixed Use Planned Unit Development (MPUD) zoning district for a project known
as the Hacienda Lakes MPUD that will allow a maximum of 327,500 square, feet of
gross retail commercial floor area; 70,000 gross square feet of professional and
medical office space including a conversion of retail use to professional and med-
ical office; 135 hotel rooms including a conversion to business park; 140,000 gross
square feet of business park or education facility; a public school; continuation of
existing 'swamp buggy" attraction and 'Junior Deputy' passive recreation; and a
maximum of 1,760 residential dwelling" units including conversions to recreational
vehicle Park and senior housing for independent living, assisted living and nursing
care. The subject propertyy, consisting of 2,262 +/- acres is located on the east side
of Collier Boulevard (C. R. 951) at the intersection of Collier Boulevard and
Rattlesnake- Hammock Road and north and south of Sabal Palm Road in Sections -11,
12, 13, 14, 23, 24 and 25, Township 50 South, Range 26 East, and Sections 19 and
30, Township 50 South, Range 27 East, Collier County, Florida; providing for repeal
of Ordinance Number 84 - 26, for swamp buggy grounds; and by providing an ef-
fective date. (Companion to Petitions DRI- 2006 -AR -10147 and CP- 2006 -11) [Coordin-
ator: Kay Deselem, AICP, Principal Planner)
Copies of the proposed Ordinance are on file with the Cler'k to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County administrator prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of an in-
dividual to speak on behalf of an organization or group is encouraged, If recog-
nized by the Chairman, a spokesperson for a group or organization may be. allotted
10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
Public hearing, In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evi-
dence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to par-
ticipate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact the Collier County Facilities Management Depart-
ment, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112,
(239)252 -8380. Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
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