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Agenda 09/15/2009 Item # 8A Agenda Item No. 8A September 15. 2009 Page 1 of 109 EXECUTIVE SUMMARY PUDZ-2008-AR-14091, LCS-Westminster Naples LLC, represented by Robert Dnane, AICP of Hole Montes and Richard D. Y ovanovich, Esq., of Coleman, Y ovanovich and Koester, is reqnesting a Rezone from the Orange Blossom Gardens Planned Unit Development (PUD), the Oak Grove PUD, and the Agricultural (A) zoning districts to the Commercial Planned Unit Development (CPUD) for a 764,524 sqnare-foot contioning care retirement commnnity (CCRC) to be known as the Siena Lakes CCRC CPUD. The approximately 29.25-acre snbject property is located in Section 1, Township 49 South, Range 25 East of Collier County, Florida (Companion item to PUDA-2008-AR-14090 and PUDA-2008-AR-14092). OBJECTIVE: To have the Board of County Commissioners (BCC) consider an application to rezone the subject property from the Orange Blossom Gardens Planned Unit Development (PUD), the Oak Grove POO, and the Agricultural (A) zoning districts to the Commercial Planned Unit Development (CPUD) for a continuing care retirement community (CCRC) to be known as the Siena Lakes CCRC CPUD; and to insure that the communityCS interests are maintained. CONSIDERA TIONS: - The proposed facility would allow a maximum of 764,524 square feet of area comprised of independent living units, assisted living units, a skilled nursing and memory (dementia) care unit and 72,257 square feet of various amenities associated with these uses at a combined floor area ratio (FAR) of 0.60. This item is a companion to PUDA-2008-AR-14090, the Oak Grove PUD, and to PUDA-2008-AR-14092, the Orange Blossom Gardens PUD, which propose to remove 6.13 and 5.85 acres, respectively, from their PUD boundaries in order to add this combined acreage to the subject CPUD. If approved, the new project would allow for a 29.25-acre CCRC that, as described in the CPUD document, would provide one or more of the following dwelling unit types: villas, multifamily apartments, and skilled nursing and memory care units. As a [];ontinuing care 0 community, residents would enjoy the ability to Llge-in-placelJas their health needs changed over time, since meals, housekeeping services, transportation, social activities, nursing care, and educational growth opportunities would be made available to them on-site. According to Section 1.08.02 of the Land Development Code (LDC), the proposed CCRC would be defined as a group housing unit, which includes assisted living and continuing care facilities. The group housing proposed with this application would allow a maximum of 340 independent living units, 20 assisted living beds, 45 skilled nursing beds and 15 memory care beds in a community restricted to persons aged 62 years or older. A variety of associated accessory uses, such as dining rooms, a bank, beauty shop, swimming pool, wellness center, medical office, et cetera would also be provided for the exclusive use of residents and their guests. -- As depicted on the Master Plan in Exhibit C to the CPUD documents, the CCRC would be comprised of multiple buildings situated around a meandering lake system, which would feature as PUDZ-2008-AR-14091, Siena Lakes CCRC August 26, 2009 Page 1 of 7 Agenda Item No. SA September 15, 2009 Page 2 of 109 an integral component of the site CS design. The tallest buildings on the site, housing independent living units, would form a central axis extending east to west between the projectCS two largest lakes. Each of these buildings would be four-story, with under-building parking occupying the fIrst floor, for an effective total of five stories above grade. (One of these buildings, the most centrally located, would not have understory parking, but rather five finished floors). The maximum zoned height of these structures would be 60 feet with an actual height of 69 feet, including appurtenances. Five other structures, also comprised of independent living units, would parallel the northern boundary of the site and would be oriented towards the lakefronts to their south. These structures would be three-story with a zoned height of 41.5 feet and an actual height of 48 feet. They would provide one garage parking space on the first floor, with their remaining parking needs met by detached, one-story garages located to the north of each building in order to separate these buildings from the adjacent multi-family residences of the Lakeside community. In two-story structures in the northeastern portion of the site, an auditorium, a [jj;ommons[J (i.e., dining hall) and the assisted living and skilled nursing and memory care units would be accommodated. These buildings would have a maximum zoned height of 42 feet and actual height of 45 feet. The residential portions of these structures would be built around private courtyards, while the auditorium would overlook a small .37-acre lake with a deck. The commons area would provide access to both a lakeside swimming pool and a green for badminton or croquet. Each of these uses would be interconnected by a network of pathways linking a boardwalk, another lakeside observation deck, two putting greens, a trellised seating area bridging the confluence of two lakes and, ultimately, the independent living units previously described in the central and western portions of the site (see Exhibit C-5 of the CPUD documents for graphic illustrations depicting the character and quality of some of the siteCS recreation and open space amenities). Usable open space on the site, including eight acres of undeveloped land, would comprise 32 percent of the siteCS total acreage. However, when combined with the projectCS proposed 5.18 acres of lakes, the overall open space increases to approximately 51 percent of the site, which is well over the 30 percent requirement of the LDC. As noted, the applicant is requesting a maximum FAR of 0.60, which is an increase of 0.15 FAR from that permitted for group housing by Section 5.05.04.D.1 of the LDC. The applicant has not formally requested a deviation from this requirement, based on the Collier County Planning CommissionCS (CCPC) prior support and the Board of County CommissionersO(BCC) ultimate granting of 0.60 F ARs for group housing facilities in the Napoli Village CPUD and the Vanderbilt Trust CFPUD, in which the BCC determined the 0.45 FAR of the LDC to be an outdated threshold for modem group housing in light of market demands for generally larger-sized units with a greater variety and number of amenities, such as on-site dining, wellness facilities, and recreational uses. FISCAL IMPACT: The rezoning action, in and of itself, would have no fiscal impact on Collier County. There is no guarantee that the project, at build out, would maximize its authorized level of development, however, if the use were approved, a portion of the existing land would be developed and the new development would result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the PUDZ-2008-AR-14091. Siena Lakes CCRC August 26, 2009 Page 2 of 7 Agenda Item No. 8A September 15, 2009 Page 3 of 109 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 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collected prior to issuance of a building permit include building permit review fees and utility fees associated with connecting to the CountyCS water and sewer system. 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: The subject property is located within the Urban designated area (Urban Mixed Use District, Urban Residential Subdistrict), as identified on the countywide Future Land Use Map of the GMP. This district is intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as PUDs. The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. This designation also allows community facilities, such as the proposed group housing facilty. Because group housing density is determined by FAR, it is not subject to the density rating system. (Please note that the complete GMP analysis is contained in the staff report.) Transportation Element: Transportation Planning staff has reviewed the petitioner LS Traffic Impact Statement (TIS) and has determined that the adjacent roadway network will have sufficient capacity to accommodate this project within the five-year planning period upon provision of mitigation. Therefore, the subject application can be deemed consistent with Policy 5.1 of the Transportation Element of the GMP. GMP Conclnsion: Based upon the above analysis, staff concludes the proposed CPUD rezone may be deemed consistent with the Future Land Use Element. However, in accordance with Policy 7.3, Smart Growth Principles, it is stafill opinion that the provision of an interconnection from the project to the adjoining properties to the west would be beneficial for the future residents ofthe CCRC, the surrounding residential projects and St. KatherineCS Church, especially since such an interconnection is easily feasible. AFFORDABLE HOUSING IMPACT: Approval of this CPUD would have no affordable housing impact since no affordable housing units are proposed. The petitioner has not offered to contribute to the local affordable housing trust fund in order to mitigate the project's impact on the need to provide affordable housing for its employees. ENVIRONMENTAL ISSUES: PUDZ-2008-AR-14091, Siena Lakes CCRC August 26, 2009 Page 3 of 7 Agenda Item No. SA September 15, 2009 Page 4 of 109 Environmental Services staff has reviewed this application for consistency with the Land Development Code and Growth Management Plan. All environmental issues have been addressed. The applicant was not required to submit an Environment Impact Statement (EIS) for this project nor was a hearing before the Environmental Advisory Council required because the site had been previously cleared. However, because of the propertylB history of agricultural use since the 1960s and aerial photographic evidence of the backfilling of a previous, third borrow pit, a limited Phase II environmental assessment was required to determine if any of the backfill material contained hazardous material or petroleum products. The results of the soil tests revealed insignificant contamination associated with buried debris, and pesticide levels from the former agricultural use to be either below the laboratory method detection limits or the Florida Department of Environmental ProtectionlB soil cleanup target levels. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Pursuant to LDC Section 8.06.03 0.1 Powers and Duties, the EAC did not review this petition because no protected species or wetland impacts were identified on the site. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This item was heard by the CCPC at their August 6, 2009 public hearing. The CCPC voted 6-2 to forward it to the Board of County Commissioners (BCC) with a recommendation of approval, subject to minor modifications to the CPUD document and several conditions, which the applicant has incorporated into the document. The CCPC also recommended that the BCC approve all of the applicantlB requests for the deviations outlined in the staff report, except for the requested waiver from the requirement that the developer provide a standard five-foot sidewalk on both sides of the access roadway (Deviation 5). Instead, the CCPC recommended that a combination six-foot sidewalklbike path be provided on one side of the access roadway, which change the applicant has incorporated into the revised Master Plan contained in Exhibit C-l. Regarding their recommendation of denial, the two dissenting commissioners cited the projectlB failure to comply with LDC Subsection 10.02.13.8.5, criteria 1, 4 and 8 (described on pages 1-11 of the attached CCPC Staff Report) and LDC Subsection 10.03.05.1.2, criteria 1, 2, 12 and 14 (described on pages 12-] 5 ofthe attached CCPC Staff Report). Staff has received several letters of objection from the community. Nine are attached to the staff report, and the remaining, received after the report was published, have been attached to this Executive Summary. LEGAL CONSIDERATIONS: This is a site specific rezone from the Orange Blossom Gardens PUD, the Oak Grove PUD, and the Agricultural (A) zoning districts to the Commercial Planned Unit Development (CPUD) Zoning District. Site specific rezones are quasi-judicial in nature and require ex parte disclosures. As such 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 BCC, should it consider denying the ~- PUDZ-2008-AR-14091. Siena Lakes CCRC August 26, 2009 Page 4 of 7 Agenda Item No. 8A September 15, 2009 Page 5 of 109 rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for CPUD 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 CPUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with CPUD 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 CPUD Rezone be appropriate considering the existing land use pattern? ,..-.. PUDZ-2008-AR-14091, Siena Lakes CCRC August 26. 2009 Page 5 of 7 Agenda Item No. 8A September 15, 2009 Page 6 of 109 11. Would the requested CPUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19, Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ([jeasonablyQ be used 111 accordance with existing zoning? (a l~oreOquestion~ ) 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 CPUD 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, article II], as amended. .- PUDZ-2008-AR-/409/, Siena Lakes CCRC August 26,2009 Page 6 of 7 Agenda Item No. SA September 15, 2009 Page 7 of 109 26. Are there other factors, standards, or criteria relating to the CPUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. This item is legally sufficient for Board action. A supermajority vote of the Board is necessary for Board action. -HF AC RECOMMENDATION: Staff recommends that the BCC approve PUDZ-2008-AR-14091. PREP ARED BY: John-David Moss, AICP, Principal Planner Department of Zoning & Land Development Review ,....."..... PUDZ-2008-AR-14091. Siena Lakes CCRC August 26, 2009 Page 7of7 Item Number: Item Summary: Meeting Date: - -.0 - - - - - Agenda Item No. 8A September 15, 2009 Page 8 of 109 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8A This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members PUDZ-2008-AR-14091, LCS-Westminster Naples LLC, represented by Robert Duane, AICP of Hole Montes and Richard D. Yovanovich, Esq., of Goodlette, Coleman, Johnson, Yovanovich and Koester, IS requesting a Rezone from the Orange Blossom Gardens Planned Unit Development (PUD). the Oak Grove PUD, and the Agricultural (Ai zoning districts to the Commercial Planned Unit Development (CPUD) for a 764.524 square-foot continuing care retirement community (CCRC) to be known as the Siena Lakes CCRC CPUD. The approximately 29.25-acre subject property is located in Section 1, Township 49 S, Range 25 E, Collier County, Florida (Companion item to PUDA-2008-AR- 14090 and PUDA-2008-AR-14092)CTS 9/15/200990000 AM Prepared By John-David Moss Community Development & Environmental Services Senior Planner Date Zoning & Land Development 8/26/200912:44:36 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 8/28/2009 12:07 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 8/31/200910:06 AM Approved By Heidi F. Ashton County Attorney Assistant County Attorney Date County Attorney Office 9/3/2009 2:47 PM Approved By Jeff Klatzkow County Attorney County Attorney Date County Attorney Office 9/3/20092:50 PM Approved By Ray Bellows Community Development & Environmental Services Chief Planner Date Zoning & Land Development Review 9f3/2009 3:37 PM Approved By John A. Yonkosky Director of the Office of Management Date -Cl - - I In.\ A __._..] _"T' _ _.L\ T:_~._ __....\ 1 .., II ~ _._.4-____ 1_ _dO I""" 1 ~ 0/ ""''''''''''An\ /\0 Of """ A TYt. TT:TV'T"TClr"T"'\O / ""'AnT T f'\1f"\/"'lr\f\'" Agenda Item No. 8A September 15. 2009 Page 9 of 109 County Manager's Office Office of Management & Budget 9f3/2009 4:40 PM Approved By Leo E. Oehs. Jr. Deputy County Manager Date Board of County County Manager's Office 9/4f20Q9 6:41 PM Comm!'5sioners ..C':1_.11r'1.\ A ~___....l_'T'__...\r:_____4..L\1""'111 0_4_.4.____L___O/.....1\1 ~ n/...,"~f"\AA\{\O O/,",{\ AT"'\"TT:T\'T"TCtrro.O/"'\f\rHT {'\ In ,,..... AAC\ Agenda Item No. 8A AG~dJt 2009 -. --. 'Page' fa of 109 Co~'" County ~~ - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: AUGUST 6, 2009 SUBJECT: PUDZ-2008-AR-14091: SIENA LAKES COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) (COMPANION ITEMS: PUDA-2008-AR-14090 OAK GROVE PUD AND PUDA-2008-AR-14092 ORANGE BLOSSOM GARDENS POO) PROPERTY OWNER/AGENT: OWNER: Old Barn, Inc. 1613 Chinaberry Way Naples, FL 34105 CONTRACT PURCHASER: LCS-Westminster, LLC 400 Locust Street, Suite 820 Des Moines, IA 50309 AGENTS: Robert L. Duane, AICP Hole Montes, Inc. 950 Encore Way Naples, FL 34110 Richard D. Yovanovich, Esq. Goodlette, Coleman, Johnson, Y ovanovich and Koester 4001 Tamiami Trail North Naples, FL 34103 REQUESTED ACTION: The applicant requests that the Collier County Planning Commission (CCPC) consider a rezone of the subject properties from the Orange Blossom Gardens PUD, Oak Grove PUD and Rural Agricultural (A) zoning districts to the Commercial Planned Unit Development (CPUD) zoning district for a "continuing care retirement community" (CCRC) to be known as the Siena Lakes CPUD. GEOGRAPHIC LOCATION: The 29.25-acre subject property is located on the north side of Orange Blossom Drive, approximately 1,000 feet east of Airport Road (CR 31) and west of Livingston Road (CR 881), in Section 1, Township 49 South, Range 25 East (see location map on the preceding page). PUDZ-2008-AR-14091, Siena Lakes CCRC CrUD July 21,2009 <(0'l0'l 0000 .0"- ON- Z - 0 L() E ..- ;:: 2Qi(l) -.0 en roEro "0(1)0- c~ (1)0. en (I) <((/) ... '" o ~%~ ~ oo~~ II ~o~ .. ~ ... '" 4( ~ ... 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I I I . . ,i I , I :: : ~! i : ~11 : ~:: : :n · ~H I ~ E !lhdl Ii; ! j ; I . II 11m Cl ~ '" ~ i t ~ II l0<9 I ~ j :-;'i I ~l!n II ti 11, : ~i~ --..191- ; ~ I l:~i--~. ~ B ~ T 41<0 ii~i~ ~ ~ ~ s I' ~ ~. ~ i ;::: f '" ; :11 I If I iI~ % ~ z < ...J Q. a:: '7 wO l- UJ.... <iii :!::E .>< Ow ::) 0: <3 s __~_._,'t: '_lI:"'~""". _1IOl......__~'U\1Idl~&n\~~,..""\rtllA.. ~ Agenda Item No. 8A September 15, 2009 Page 13 of 1 09 PURPOSEIDESCRIPTION OF PROJECT: The proposed facility would allow a maximum of 764,524 square feet of area comprised of independent living units, assisted living units, a skilled nursing and memory (dementia) care unit and 72,257 square feet of various amenities associated with these uses at a combined floor area ratio (FAR) of 0.60. This item is a companion to PUDA-2008-AR-14090, the Oak Grove PUD, and to PUDA-2008-AR-14092, the Orange Blossom Gardens PUD, which propose to remove 6.13 and 5.85 acres, respectively, from their PUD boundaries in order to add this combined acreage to the subject CPUD. If approved, the new project would allow for a 29.25-acre CCRC that, as described in the CPUD document, would provide one or more of the following dwelling unit types: villas, multifamily apartments, and skilled nursing and memory care units. As a "continuing care" community, residents would enjoy the ability to "age-in-place" as their health needs changed over time, since meals, housekeeping services, transpoliation, social activities, nursing care, and educational growth opportunities would be made available to them on-site. According to Section 1.08.02 of the Land Development Code (LDC), the proposed CCRC would be defined as a group housing unit, which includes assisted living and continuing care facilities. The group housing proposed with this application would allow a maximum of 340 independent living units, 20 assisted living beds, 45 skilled nursing beds and 15 memory care beds in a community restricted to persons aged 62 years or older. A variety of associated accessory uses, such as dining rooms, a bank, beauty shop, swimming pool, wellness center, medical office, et cetera would also be provided for the exclusive use of residents and their guests. As depicted on the preceding Master Plan, the CCRC would be comprised of multiple buildings situated around a meandering lake system, which would feature as an integral component of the site's design. The tallest buildings on the site, housing independent living units, would form a central axis extending east to west between the project's two largest lakes. Each of these buildings would be four-story, with under-building parking occupying the first floor, for an effective total of five stories above grade. (One of these buildings, the most centrally located, would not have understory parking, but rather five finished floors). The maximum zoned height of these structures would be 60 feet with an actual height of 69 feet, including appurtenances. Five other structures, also comprised of independent living units, would parallel the northern boundary of the site and would be oriented towards the lakefronts to their south. These structures would be three-story with a zoned height of 41.5 feet and an actual height of 48 feet. They would provide one garage parking space on the first floor, with their remaining parking needs met by detached, one-story garages located to the north of each building in order to separate these buildings from the adjacent multi- family residences of the Lakeside community. In two-story structures in the northeastern portion of the site, an auditorium, a "commons" (i.e., dining hall) and the assisted living and skilled nursing and memory care units would be accommodated. These buildings would have a maximum zoned height of 42 feet and actual height of 45 feet. The residential portions of these structures would be built around private courtyards, while the auditorium would overlook a small .37-acre lake with a deck. The commons area would provide access to both a lakeside swimming pool and a green for badminton or croquet. Each of these uses would be interconnected by a network of pathways linking a boardwalk, another lakeside observation deck, two putting greens, a trellised seating area bridging the confluence of two lakes and, ultimately, the independent living units previously described in the central and western portions of the site (see Exhibit C-5 of the CPUD documents PUDZ-2008-AR-14091, Siena Lakes CPUD July 21, 2009 2 Agenda Item No. 8A September 15, 2009 Page 14 of 109 for graphic illustrations depicting the character and quality of some of the site's recreation and open space amenities). Usable open space on the site, including eight acres of undeveloped land, would comprise 32 percent of the site's total acreage. However, when combined with the project's proposed 5.18 acres of lakes, the overall open space increases to approximately 51 percent of the site, which is well over the 30 percent requirement of the LDC. As noted, the applicant is requesting a maximum FAR of 0.60, which is an increase of 0.15 FAR from that permitted for group housing by Section 5.05.04.D.l of the LDC. The applicant has not formally requested a deviation from this requirement, based on the CCPC's prior support and the Board of County Commissioners' (BCC) ultimate granting of 0.60 FARs for group housing facilities in the Napoli Village CPUD and the Vanderbilt Trust CFPUD, in which the BCC determined the 0.45 FAR of the LDC to be an outdated threshold for modern group housing in light of market demands for generally larger-sized units with a greater variety and number of amenities, such as on-site dining, wellness facilities, and recreational uses. AERIAL VIEW OF SUBJECT PROPERTY SURROUNDING LAND USE AND ZONING: North: East: Multi-family residences of the Lakeside community, zoned Citrus Gardens PUD. Multi-family residences of the Bridgewater Bay community and a stormwater management pond, zoned Oak Grove PUD and First Baptist Church PUD, respectively. Orange Blossom Drive, then single-family homes and duplexes of the Walden Oaks community, zoned Lone Oak PUD. South: PUDZ-2008-AR-14091, Siena Lakes CPUD July 21, 2009 3 Agenda Item No. 8A September 15, 2009 Page 15 of 109 West: Vacant land of Orange Blossom Gardens PUD. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located within the Urban designated area (Urban Mixed Use District, Urban Residential Subdistrict), as identified on the countywide Future Land Use Map of the GMP. This district is intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as PUDs. The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. This designation also allows community facilities, such as the proposed group housing facilty. Because group honsing density is determined by FAR, it is not subject to the density rating system. FLUE Policy 5.4 requires new land uses to be compatible with and complementary to the surrounding land uses as set forth in the LDC. It is the responsibility of the Zoning and Land Development Review staff as part of their review of the petition in its entirety to perform this compatibility analysis. In reviewing for compliance with FLUE Objective 7 and subsequent policies regarding Smart Growth principles, staff provides (in bold font) the following analysis: Policy 7.1. The County shall encourage developers and property owners to connect thei1' 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 project's main entrance and a service entrance access are provided from Orange Blossom Drive, a minor collector roadway. Policy 7.2 The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the needfor traffic signals. The Master Plan, Exhibit C-l to the CPUD document, indicates access to all buildings and vehicle parking areas via a loop road, which has two access points on Orange Blossom Drive, as mentioned. Furthermore, this is a residential project with a mix of accessory uses to support its residents, which would reduce vehicle congestion on nearby collector and arterial roads. Policy 7.3 All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. The applicant has stated that it is not feasible to have shared access between the subject property and the Lakeside community to the north or to the Oak Grove PUD to the east PUDZ-2008-AR-14091, Siena Lakes CPUD July 21, 2009 4 Agenda Item No. 8A September 15, 2009 Page 16 of 109 because these are existing gated communities. However, the Master Plan does not show any access to Orange Blossom Gardens PUD to the west either, which is presently undeveloped. The applicant contends that access here was deliberately omitted in order to disconrage fnture residents from making tnrning movements in closer proximity to the Airport Road/Orange Blossom Drive intersection than the proposed principal entrance, which would be located approximately 90 feet fnrther to the east. However, the applicant would provide a 24-foot wide public access rnnning the length of the western property boundary to link the Lakeside community to Orange Blossom Drive, as shown in Exhibit C to the CPUD document (and committed to in Exhibit F, Section I, 1.). This roadway would also afford the vacant Orange Blossom Gardens PUD to the east with a potential access to Orange Blossom Drive at the time that it develops. However, in accordance with Policy 7.3, it is staff's opinion that the provision of an interconnection from the project itself to all of the adjoining properties would be more beneficial for the fnture residents of the CCRe and the snrronnding residential projects and St. Katherine's Chnrch, especially since snch an interconnection is easily feasible. Policy 7. 4 The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. The Master Plan identifies a sidewalk system within the proposed development and with connections to the existing sidewalk along Orange Blossom Drive. However, the applicant has requested a deviation from the LDC provision reqniring sidewalks on both sides of the internal and adjacent streets. It is the applicant's contention that placement of sidewalks on both sides of the entrance or internal access drives would have no meaningfnl pnrpose. Comprehensive Planning staff disagrees and believes that providing sidewalks on both sides wonld indeed serve a public health and safety purpose as well as further the objective of Policy 7.4 (see the Deviations section on page 18 for Zoning and land Development Review staff's recommendation). Economic Element Policy 1.2 Collier County will support the opportunity for development and establishment of hospitals, nursing homes and additional medical related facilities in order to promote a continuum of care to enhance the quality of life throughout the County. The project proposes the development of independent living units and assisted living, skilled nursing and memory (dementia) care units for persons aged 62 and over, which would provide a continnum of care that allows residents to age in place. Policy 1.4 Collier County will cooperate with state entities and other social service providers to encourage the establishment of programs andfacilities that assist the elderly population of the County. The project proposes to provide a continuing care retirement community for County residents aged 62 years and over. PUDZ-2008-AR-/4091. Siena Lakes CPUD July 21,2009 5 Agenda Item No. SA September 15. 2009 Page 17 of 109 Policy 1. 9 Collier County, in response to the current and projected needs of its residents, will encourage a diverse mix of housing types, sizes, prices, and rents. The project proposes to develop a continuing care retirement commnnity comprised of a mix of independent living units, assisted living units and skilled nnrsing units of differing sizes and rates. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network will have sufficient capacity to accommodate this project within the five-year planning period upon provision of mitigation. Therefore, the subject application can be deemed consistent with Policy 5.1 ofthe Transportation Element of the GMP. GMP Conclnsion: Based upon the above analysis, staff concludes the proposed CPUD rezone may be deemed consistent with the Future Land Use Element. ANAL YSIS: Staffhas completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "pun Findings"), and Subsection 10.03.05.1, Nature of Requirements of Planning Commission Report (referred to as "Zoning Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the following analyses: Environmental Analysis: All environmental issues have been addressed. The applicant was not required to submit an Environment Impact Statement (EIS) for this project nor was a hearing before the Environmental Advisory Council required because the site had been previously cleared. However, because of the property's history of agricultural use since the 1960s and aerial photographic evidence of the backfilling of a previous, third borrow pit, a limited Phase II environmental assessment was required to determine if any of the backfill material contained hazardous material or petroleum products. The results of the soil tests revealed insignificant contamination associated with buried debris, and pesticide levels from the former agricultural use to be either below the laboratory method detection limits or the Florida Department of Environmental Protection's soil cleanup target levels. Transportation Analysis: Transportation Planning staff has reviewed the application to assess the proposal's potential impact on rights-of-way and access, and offers the following: Orange Blossom Drive Impacts: The first concurrency linle that is impacted by this project is link 143, Orange Blossom Drive from Airport Road to Livingston Road. The project generates 48 PM PUDZ-2008-AR-14091, Siena Lakes CPUD July 2!, 2009 6 Agenda Item No. 8A September 15. 2009 Page 18 of 109 peak hour, peak direction trips, which represents a significant 5.22 percent impact on Orange Blossom Drive. This segment of Orange Blossom Drive currently has a remaining capacity of 252 trips, and is currently at LOS "C" as reflected by the adopted 2008 Annual Update Inventory Report (AUIR). No subsequent link of Orange Blossom Drive is significantly impacted. Airport Road Impacts: The subseqnent links of Airport Road, Segments 2.1 from Vanderbilt Beach Road to Orange Blossom Drive and 2.2 from Orange Blossom Drive to Pine Ridge Road, are impacted at 0.40 percent and 0.43 percent, respectively. Segment 2.1 has a remaining capacity of 1,734 trips, and Segment 2.2 has a remaining capacity of 1,632 trips. Both are at LOS "C" as reflected by the adopted 2008 AUIR. No significant or adverse impacts are identified by this project on either segment of Airport Road. Mitigation: The petitioner has committed to "pipeline" impact fees for both phases of the project, and has agreed to pay the fair share of the improvements at the Orange Blossom Drive/Airport Road intersection. Additionally, the petitioner has committed to reserve 40 feet of right-of-way along the project's Orange Blossom Drive frontage for County purchase at a reduced price to accommodate a future widening of Orange Blossom Drive. In conclusion, Transportation Planning staff recommends approval of the petition, subject to the development commitments contained in Exhibit F. Utility Review: The Utilities Department has reviewed the application and has noted that the proposed CPUD, per the 2008 Water and Wastewater Master Plan Update, is located within the Collier County Water and Sewer District. There is an existing eight-inch water main on Orange Blossom Drive, which is connected to a 16-inch water main on Airport Road. There is also an existing 12-inch water main on Orange Blossom Drive to which the development proposes to extend and connect. The County does not own sewer utilities in the right-of-way contiguous to this project. However, there is an existing I6-inch force main on Airport Road. There is also an existing six-inch force main at the intersection of Bridgewater Bay Boulevard and Orange Blossom to which this development is proposing to extend and connect. It should be noted that any developed portion of this project would be required to comply with Ordinance No. 2004-31, as amended, and would be subject to the conditions associated with a Sewer Availability Letter from the Collier County Public Utilities Division at the time of site development plan (SDP) or preliminary plat review and approval. Emergency Management: The Emergency Management Department staff has no objection to the proposed CPUD but has noted that it would be located in a CAT 3 hurricane surge zone, which requires evacuation during some storm events. While there is currently no impact mitigation required, approval of this project in consideration of other development in the area would increase the evacuation and sheltering requirements for the County. Zoning: Review: According to LDC Subsection 2.03.06.C.3, the Commercial Planned Unit Development (CPUD) zoning district is construed to include the entire range of uses permitted in the General Commercial (C-I) 1hrough Heavy Commercial (C-5) zoning districts, of which ALFs are included. However, LDC Subsection 1O.02.13.B.5 states that, "In support of its PUDZ-2008-AR-14091, Siena Lakes CPUD July 21, 2009 7 Agenda Item No. 8A September 15, 2009 Page 19 of 109 recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria": 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The nearby area is developed with or is approved for the development of residential and chnrch nses, which are compatible in natnre with the proposed assisted living facility. The development would be located on Orange Blossom Drive, a collector roadway, with access to Airport Road, a principal arterial. In addition, the petitioner has committed to several transportation-related improvements, as previously noted above and incorporated into Exhibit F of the CPUD docnments, to ensnre that the project wonld not bave an adverse impact on the snrrounding roadway network. The project would also be reqnired to comply with Connty regnlations regarding drainage, sewer, water and other utilities, Therefore, the site is suitable for the proposed development. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, 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 snbmitted with the application, which were reviewed by the Connty Attorney's Office, demonstrate unified control of the property. Additionally, the CPUD docnment makes appropriate stipnlations for the provision of necessary infrastrncture and for the continning operation and maintenance of the facility. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Based upon Comprehensive Planning staff's analysis, the proposed rezone may be deemed consistent with the Fntnre Land Use Element, contingent npon Zoning and Land Development Review staff's determination of compliance with all LDC regnlations for group honsing uses. It shonld also be noted that gronp honsing such as the proposed CCRC is not governed by the Density Rating System of the GMP but by the FAR requirements for gronp honsing contained in the LDC. The Master Plan does not show any interconnections to adjacent properties, particnlarly to the undeveloped Orange Blossom Gardens PUD to the west, even thongh FLUE Policy 7.3 encourages such interconnections when possible. The applicant contends that access to Orange Blossom Gardens PUD was deliberately omitted in order to discourage residents of the proposed CPUD from nsing it to access the Airport RoadlOrange Blossom intersection instead of the proposed CPUD's primary access point fnrther to the east. However, finding this to be inconsistent with PUDZ-2008-AR-14091, Siena Lakes CPUD July 21, 2009 8 Agenda Item No. 8A September 15, 2009 Page 20 of 1 09 the intent of FLUE Policy 7.3, staff has included a condition of approval in Exhibit G of the CPUD documents requiring that an interconnection be provided along the western boundary of the property. As shown on the Master Plan, the applicant has already proffered a 24-foot pnblic access easement running the length of the project's western bonndary, linking the Lakeside community with Orange Blossom Drive (see Exhibit F of the CPUD documents, Section I, 1.). Therefore, in staff's opinion, an excellent opportunity already exists to satisfy the requirement of FLUE Policy 7.3, which at the time of the future development of the Orange Blossom Gardens PUD, wonld result in an interparcel connection to that development and improve overall pedestrian and vehicnlar traffic circulation in the neighborhood. As also noted by Comprehensive Planning staff, FLUE Policy 7,4 encourages new developments to provide walkable commnnities, yet the applicant has requested a deviation from the LDC provision requiring five-foot sidewalks on both sides of the street. The applicant contends that the placement of sidewalks on both sides of the entrance or internal access drives would have no meaningful pnrpose. However, staff believes that the sidewalks wonld serve a public health and safety purpose and fnrther the objective of this policy. Therefore, as discussed in the Deviations section of this report, Zoning and Land Development Review staff is recommending denial of this deviation unless a condition of approval is adopted to expand the width of the sidewalk proposed on just one side of the street from five feet to six feet so that it conld comfortably accommodate multiple nsers. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. As depicted on the CPUD Master Plan inc1nded at the beginning of this report (and in Exhibit C-l to the CPUD document), the proposed use would be separated from the mnltifamily residential nses to the north and the multifamily residential and chnrch nses to the east by a IS-foot wide "enhanced" Type B buffer. This enhanced buffer would provide 20 percent more trees than that required by the LDC and also include canopy trees at an overall height of 16 to 18 feet at the time of planting, installed closer on center than the reqnired 25 feet, interspersed with Cabbage palm and Slash pine clusters. The Cabbage palms planted wonld be staggered between 25 to 30 feet in height; and the Slash pines wonld have an overall height of 14 to 18 feet. A six-foot high masonry wall would also be included within the buffer, as required by the LDC. As shown in the line-of-sight elevations 1-1 and 2-2, contained in Exhibit C-2 of the CPUD docnment, these bnffers would aid in screening the development from the adjoining ronlti-family nses. In addition to these buffers, the three-story independent living nnits along the northern property boundary have been broken up into five separate buildings in order to rednce their visual impact as compared to the massing created by a single, monolithic bnilding. Similarly, the lowest-profile buildings on the site (approximately 42 feet in height), comprised of the assisted living and skilled nursing units, the anditorinm and the PUDZ-2008-AR-14091, Siena Lakes CPUD July 21, 2009 9 Agenda Item No. SA September 15, 2009 Page 21 of 109 commons, have been strategically situated in this portion of the project where setbacks from the adjacent properties are the smallest: 80-feet from the northern property boundary shared by Lakeside and 90-feet from the eastern property bonndary shared by Bridgewater Bay. To the sonth, the existing single-family homes of Walden Oaks wonld be buffered by a 20-foot wide enhanced T}'pe B bnffer, as shown in Elevation 3-3, and fnrther separated from the proposed development by a 100-foot setback and the 75-foot width of the Orange Blossom Drive right-of-way. Dne to this increased setback area, the tallest proposed bnildings (approximately 60 feet in height) have been laid out parallel to this portion of the site. To the west, adjacent to the proposed 24-foot pnblic access easement and the vacant land of the Orange Blossom Gardens PUD, a standard IS-foot Type D buffer wonld be provided, as required by the LDC. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Approximately 15 acres, or 51 percent of the site's total area, wonld be retained as open space, which exceeds the minimum 30 percent reqnirement of the LDC. Of this area, 5.18 acres wonld be dedicated to lakes, which are an integral design featnre of the CCRe's waterside environment. The remaining 9.45 acres, or 32 percent of the total project area, wonld be dedicated to nsable open space and include mnltiple courtyards, walking paths, boardwalks, seating areas, two putting greens and a lawn for outdoor games. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements andfacilities, both public and private. As noted in the transportation-related Developer Commitments of Exhibit F, at the time of SDP approval for Phase One of the project, the developer wonld be reqnired to pay the compnlsory road impact fees and his fair-share of improvements to the Orange Blossom Drive and Airport Road intersection as mitigation for the project's impacts. In addition, a 40-foot of right-of-way reservation along the north side of Orange Blossom Drive wonld also be reqnired for the future fonr-Ianing of this facility, as described in developer commitment 1.3 contained in Exhibit F to the CPUD document (for which the developer wonld be compensated up to $150,000 at the time of the first bniJding permit). Finally, development of the project would have to be in compliance with applicable concurrency management regulations at the time development approvals were songht. Therefore, the timing of development would not be an issne if the proposed rezoning were approved. 7. The ability of the subject property and of surrounding areas to accommodate expansion. As stated, the provision of adequate pnblic facilities wonld be required at the time development approvals were songht. Fnrthermore, Transportation Planning staff has determined that the proposed rezoning is consistent with the Transportation Element PUDZ-2008-AR-/4091, Siena Lakes CPUD July 21, 2009 10 Agenda Item No. 8A September 15, 2009 Page 22 of 109 requirements of the GMP. Therefore, subject to the conditions of approval recommended by staff and the developer commitments made by the applicant, the snbject property and the snrronnding areas would have the ability to support the proposal. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Proposed Development Standards for Principal Structures vs. C-3 Standards of LDC 1,672 feet 830 sq. ft. 609 sq. ft 305 s . ft. 80 feet 1 00 feet 60 feet 90 feet 25 feet 35 feet 20 feet 60 feet 60 feet 41.5 feet 42 feet 42 feet 42 feet The project's development standards are contained in Exhibit B of the CPUD documents. As ALFs are permitted in the C-l through the C-5 zoning districts, the C-3 zoning district was used as a benchmark to evalnate the proposed development standards against the standards of the most similar conventional zoning district. As illustrated in the table above, the proposed independent living nnits would exceed the minimum floor area reqnirement of the C-3 zoning district by 130 square feet. The CPUD would also provide setbacks for principal structures in excess of the LDC minimum requirement of one half the bnilding's height, Maximnm zoned building PUDZ-2008-AR-14091, Siena Lakes CPUD July 2/, 2009 II Agenda Item No. 8A September 15. 2009 Page 23 of 109 height for the tallest bnildings on the site would be 60 feet and fonr stories over parking (i.e. five stories). Although maximnm height in the C-3 zoning district is only 50 feet (the C-4, zoning district, however, would allow heights of 75 feet), the applicant has increased the CPUD's minimum setbacks to compensate for this greater height by requiring setbacks to be least 50 percent greater than the standard reqnired by the C-3 zoning district. As iIlnstrated in the following table, accessory structures would reqnire either 25 or 40- foot setbacks, depending on their location. Minimnm distances between accessory structures wonld be at least ten feet, and the maximnm height would be 25 feet. These standards, as shown below, are consistent with those required by the C-3 zoning district. Proposed Development Standards for Accessory Structures vs. C-3 Standards of LDC 25 feet 25 feet 40 feet 25 feet 1 0 feet 30 feet LDC Subsection 10.03.05.1.2 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. As noted on page six of this report, Comprehensive Planning staff has fonnd this petition to be consistent with the Fnture Land Use Map (FLUM) and the GMP. The property is designated Urban Residential Subdistrict, the purpose of which is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. Urban-designated areas of the county contain a vast array of residential and non-residential land nses. The Future Land Use Element (FLUE), Section 1. Urban Designation (I) states that Urban- designated areas are intended to accommodate commnnity facilities snch as chnrches, gronp honsing nses, schools and school facilities co-located with other pnblic facilities snch as parks, libraries, and community centers where feasible and mutually acceptable. As the proposed CPUD is for gronp honsing for the elderly, and wonld be in PUDZ-2008-AR-J409J, Siena Lakes CPUD 12 July 2 J, 2009 Agenda Item No. 8A September 15, 2009 Page 24 of 109 close proximity to the main campus of the Collier Connty Public Library, First Baptist Church and St. Katherine's Greek Orthodox Church, this project would be consistent with the FLUE of the GMP. Furthermore, FLUE Policy 5.3 discourages urban sprawl to minimize the cost of expanding facilities by confining development to Urban- designated areas of the FLUM and requiring changes in the Urban-designated areas to be contiguous to an existing Urban-area boundary. As the proposed CPUD would be in fill development, it would achieve these objectives. 2. The existing land use pattern; The subject site is bordered by the mnlti-family residences of Lakeside and Bridgewater Bay, to the north and to the east, respectively. To the west is the Orange Blossom Gardens PUD, which is sunsetted but is approved for similar multi-family development. Across Orange Blossom Drive to the south are the single-family homes and duplexes of Walden Oaks. The southeastern corner of the site also abnts the First Baptist Church PUD. As such, the proposed use would be complementary to this existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Approval of this CPUD would not create an isolated district. As noted above, the subject site would be infill development surrounded by other PUDs approved for residential nses. Furthermore, the proposed use is cited as an intended nse in the Residential Subdistrict of the GMP in which the project is located. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The subject property was created by the applicants' assemblage of available parcels in the area. The aerial photograph on page three of this report highlights the boundary of the subject property, demonstrating that it is logically drawn. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. Due to changed conditions in the area, the proposed CPUD would include the last three remaining vacant parcels on Orange Blossom Drive west of Airport Road that are zoned Rnral Agricultnral (A), as only one other A-zoned parcel, developed with St. Katherine's Greek Orthodox Church by a Conditional Use, remains on this segment of Orange Blossom Drive. All of the other properties have been developed with residential PUDs and commercial or community facility (First Baptist Church) PUDs to snpport these residential nses. Consequently, the property is ripe for development compatible with these uses, such as the proposed CCRC. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; PUDZ-2008~AR-14091, Siena Lakes CPUD 13 July 21, 2009 Agenda Item No. 8A September 15, 2009 Page 25 of 109 The proposed CPUD would not adversely affect the living conditions in the neighborhood. With respect to increased traffic, the developer would be required to pay road impact fees and his fair-share of improvements to the Orange Blossom Drive and Airport Road intersection to mitigate for the project's impacts; and to provide a 40-foot of right-of-way reservation along the north side of Orange Blossom Drive for the future fonr-Ianing of this facility. Fnrthermore, development of the project would have to be in compliance with applicable concurrency management regulations at the time development approvals were songht. The proposed use wonld also be similar to the existing residential nses in the snrronnding neighborhood; and with the increased setbacks, enhanced landscape buffers and the conditions of approval recommended by staff, compatibility wonId be achieved. 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 applicant snbmitted the required TIS, which indicated the need for improvements to the Orange Blossom Drive and Airport Road intersection. However, with developer commitment I.5.b contained in Exhibit F to the CPUD docnment (to pay $1.4 million in road impact fees upon the developer's pnlling of the first bnilding permit) for constrnction of the necessary improvements, Transportation Planning staff has determined that the project wonld not create any adverse traffic impacts, in conformance with Policy 5.1 of the Transportation Element of the GMP. In addition the developer has committed to providing 72,257 square feet of varions indoor amenities, including on-site dining; ontdoor recreation areas; and twice daily shuttle transportation services which, when combined with the reqnired pedestrian connections, wonld contribnte to a snbstantial reduction of traffic levels. 8. Whether the proposed change will create a drainage problem; The proposed change would not create drainage or snrface water problems since the 5.18 acres of lakes integrated into the project's design wonld fnnction as a water management system and prevent drainage problems on the site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; The proposed CrUD would not seriously impact light and air on adjacent properties. As previously stated, typical C-3 bnilding setbacks are 50 percent of a bnilding's height, Yet for the project's 60-foot bnildings, the tallest proposed, the setbacks from the adjoining residential property bonndaries would be a minimnm of 100 feet from the southern property bonndary (pins approximately 75 feet of Orange Blossom Drive right-of-way); 90 feet from the eastern bonndary; and 80 feet from the northern bonndary. 10. Whether the proposed change will adversely affect property values in the adjacent area; PUDZ-2008-AR-14091, Siena Lakes CPUD July 21, 2009 14 Agenda Item No. 8A September 15, 2009 Page 26 of 1 09 This is a subjective determination based upon a variety of circumstances that are external to the subject property. Property valnation is affected by a host of factors other than zoning; and zoning in and of itself mayor may not affect values, since valne determination is primarily driven by the market. Furthermore, although the project would be consistent with the quality and character of the snrronnding properties, there is no guarantee that it wonld be marketed in a manner comparable to tbe surrounding developments. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed project wonld be infill development, as all of the adjoining properties have already been developed witb residential uses. Therefore, the proposal could 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; As previously stated, tbe proposed CCRC complies with the Urban Residential Subdistrict designation of the GMP, and with tbe developer's commitments and conditions of approval recommended by staff, wonld also be consistent with the applicable regulations of the LDC. Furtbermore, land use applications are subject to a public hearing process to insnre that they do not constitnte a grant of special privilege and to ensure are compatible with other properties in the vicinity. Therefore, the public's welfare would be assured. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Being zoned Rnral Agricnltnral, the majority of the property should not be used in accordance with its existing zoning since it is in the Urban-designated area of the FLUE and is snrrounded by residential PUDs, rendering agricultural nses in this area no longer appropriate. However, the other two parcels of the project, which are the snbjects of the companion pun Amendments (PUDA-2008-AR-14090 and PUDA- 2008-AR-14092), already permit residential development. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted in the "GMP Consistency" portion of this report, the density for gronp housing is determined by FAR rather than the density rating system. Consistent with common planning practice, a mnItiplier of four times the nsnal residential density range was used to determine the recommended density for the ALF. As the density that would be permitted by the density rating system is fonr dwelling units per acre, multiplying this number by the project's 29.25 acres results in a permitted density of 117 units. After applying the group housing mnltiplier of fonr, the recommended PUDZ-2008-AR-1409J, Siena Lakes CPUD July 21, 2009 15 Agenda Item No. SA September 15, 2009 Page 27 of 109 density for the CCRC project would be 468 units. Therefore, the applicant's request for 340 independent units and 80 beds is less than the commonly recommended density for a project of this size. The surronnding residential communities, not being group honsing projects, are indeed subject to the density rating system and permit the following densities: Oak Grove PUD (Bridgewater Bay), four dwelling nnits per acre; Lone Oak PUD (Walden Oaks), 6.32 dwelling units per acre; Orange Blossom Gardens PUD, 3.42 dwelling nnits per acre; and Citrus Gardens PUD (Lakeside), 4.0 dwelling units per acre. The maximum height permitted by the adjacent zoning districts is as follows: 45 feet for Oak Grove PUD; 85 feet for First Baptist Church PUD (this height is for the "Building Two" only, as amended by Ordinance No. 99-78, with other bnildings limited to 65 and 35 feet); 30 feet for Lone Oak PUD; "two-stories" for Orange Blossom Gardens PUD; and "three stories" for Citrus Gardens PUD. Althougb tbe maximum zoned beight of 69 feet proposed for the CPUD is generally higher than the snrronnding permitted heights, staff believes that the scale of the project has been mitigated through its design, which 1) locates the tallest buildings central to the site and then tapers the lower-profile buildings towards its periphery; 2) sets the tallest bnildings back 175 feet from the only neighboring single-family homes, which are located to the sonth ; 3) breaks up the mass of the three-story nnits along the northern bonndary of the site by locating them in five separate bnildings to reduce their visnal impact; and 4) provides for enhanced vegetative buffers adjacent to existing multi- family uses in order to screen the facility from these properties. Nevertheless, as discussed later in this report, two area residents have expressed concern abont the project's scale and its compatibility with tbe surronnding property. 15. 'Whether is it impossible to .find other adequate sites in the County for the proposed use in districts already permitting such use. There are potentially other sites already zoned to accommodate the proposed development; however this is not the determining factor when evaluating the appropriateness of a rezoning decision, The proposed CPUD was reviewed and deemed compliant with the GMP and the LDC. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development wonld reqnire some site alteration. However, the subject site wonld reqnirc only limited clearing to execnte the proposed development plan dne to its former nse as agricultural land. 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. PUDZ-2008-AR-14091, Siena Lakes CPUD July 21, 2009 16 Agenda Item No. SA September 15, 2009 Page 28 of 109 As previously noted, the proposed CPUD petition has been reviewed by the Transportation Planning Department and the Utilities Department, both of which have recommended approval of the project finding that it would not have an adverse impact on the levels of service for pnblic facilities. Deviations: In Exhibit E of the CPOD document> the applicant requests approval of six deviations from the design standards of the LDC and has provided justifications to support them. Staff has reviewed these requests and offers the following analyses and recommendations: Deviation 1 seeks relief from LDC Snbsections 5.03.02.E.2 and 3, Commercial and Industrial Districts, which require the provision of a prefabricated concrete fence or masonry wall between residential and non-residential zoning districts; and that this fence or wall be between six to eight feet in height and located a minimum of six feet from the residentially zoned district. Proposal: The applicant proposes to instead allow an existing six-foot wall extending approximately 350 feet along the northern side of the property in the Citrus Gardens PUD, to satisfy this requirement even though it is not located on the subject property nor is it a minimum of six feet from the Citrus Gardens PUD. Staff's Determination: Because the applicant would still provide the required six-foot fence or wall a minimum of six feet from the Citrus Gardens PUD along the remaining approximately 1,350 feet of this northern boundary> staff supports this deviation. Staff does not believe that providing an additional 350-foot segment of fence or wall on the subject property as required by the LDC would serve any purpose since it would merely abut the existing wall on the Citrus Gardens POD. Deviation 2 seeks relief from LDC Subsection 6.06.02.A.2> Sidewalks, Bike Lanes and Pathway Requirements, which requires five-foot wide sidewalks and standard bike lanes to be constructed within public or private rights-of-way or easements internal to a site on both sides of said rights-of-way or easements. Proposal: The applicant proposes to provide sidewalks on just one side of the project's internal rights-of-way> believing that providing them on both sides serves no meaningful purpose. Staff's Determination: The LDC provides four exceptions to the provision of sidewalks on both sides of a project's internal rights-of-way (such as the site's being physically constrained or having less than four dwelling units per acre, for example )-none for which the subject property qualifies. Moreover, as noted in the GMP Consistency portion of this report, FLUE Policy 7.4 encourages new developments to provide walkable communities. As previously noted, Comprehensive Planning staff believes that sidewalks on both sides of the project's internal rights-of-way would serve both health and safety purposes for the elderly residents of the CCRC by encouraging walking to the adjacent religious community facilities and commercial uses, thereby furthering the objective of PUDZ-2008-AR-J4091, Siena Lakes CPUD July 2 J, 2009 17 Agenda Item No. SA September 15. 2009 Page 29 of 109 this policy. Although Zoning and Land Development Review staff agrees, expanding the width of the proposed sidewalk on one side of the street from five feet to six feet would still achieve this objective by allowing a greater number of residents to simultaneously use it, without the need to construct a second sidewalk on the other side of the right-of- way. Therefore, staff recommends approval of this deviation, subject to the condition that the proposed sidewalks be enhanced by providing six feet in width instead of just five feet. Deviation 3 seeks relief from LDC Subsection 4.06.05.N.1.a., Configuration of Water Management Areas, which requires the naturalization of manmade lakes and water management areas through the use of curvilinear edges but may allow an alternative design if the design of the water management area is related to the architectural design of the building. Proposal: The applicant proposes to provide lakes that do not technically fulfill the naturalized edge requirement of this provision, however notes that they would not be visible from outside the project due to the required vegetative buffers and/or six-foot fence or wall. Staff's Determination: The proposed water management system clearly relates to the project's overall architecture since the lakes would feature as a design element, as evidenced by the number of proposed bridges, lakefront observation decks and boardwalk. Because of this and the fact that the lake would not even be visible fTOm outside the boundaries of the CPUD due to the applicant's augmentation of tree material by 20 percent over the LDC buffer requirements and the required fence or wall, staff supports this deviation. Deviation 4 seeks relief from LDC Subsection 6.06.01.0, which requires minimum right- of-way widths of 60 feet for local roads, in order to allow a 24-foot wide right-of-way within a private access easement along the western edge of the property. Proposal: The applicant proposes to provide a right-of-way along the western edge of the property that would be 36 feet narrower than the 60-foot width required by the LDC, justifying doing so since there is hardly sufficient area to accommodate the two proposed travel lanes and their associated drainage facilities for this proposed access road linking Lakeside and the future developed Orange Blossom Gardens PUD to Orange Blossom Drive. Staff's Determination: Staff considers the applicant's hardship necessitating the deviation to be self-created, resulting from a desire to circumvent the intent of FLUE Policy 7.3. As explained in the GMP Consistency portion of this report on pages four and five, Policy 7.3 encourages all new and existing developments "to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type." However, because the applicant would prefer not to interconnect the project with the Lakeside community to the north, which presently has only one access point on Airport Road for its 396 units, he is requesting this non LDC- PUDZ-2008-AR-14091, Siena Lakes CPUD July 21, 2009 18 Agenda Item No. 8A September 15, 2009 Page 30 of 109 compliant roadway as an alternative means of giving that development access in the event of an emergency rather than allowing them access through the subject property; and even though this non"compliant roadway would provide an interparcel connection for Lakeside with the Orange Blossom Gardens PUD (when it eventually develops), the applicant still refuses to connect the subject project to it, as encouraged by the GMP. Therefore, because the proposed access would not provide interconnections from the subject property to the neighboring projects, staff recommends denial of this deviation unless the CCPC adopts staff s condition of approval requiring an interconnection point to be provided along the western boundary of the property, thereby linking Siena Lakes to the proposed access road and, in turn, the properties abutting it. Deviation 5 seeks relief from LDC Subsection 6.06.02.A.l, Sidewalks, Bike Lanes and Pathway Requirements, which requires five"foot wide sidewalks and standard bike lanes to be constructed within public or private rights-of-way or easements adjacent to a site on both sides of said rights-of-way or easements, Proposal: The applicants request a waiver of this requirement for the non LDC- compliant roadway requested in Deviation 4. Staff's Determination: Pedestrian and bicycle access should be provided on at least one side of the applicant's proposed access roadway so that independent-unit residents in the western portion of the proposed CPUD, desiring to walk to the library or St. Katherine's church, for example, would not have to walk approximately 750 feet in the opposite direction in order to merely exit the project through its principal entrance/exit when an access road would already be laying approximately 130 feet to the west, along the project's boundary with Orange Blossom Gardens PUD. Because the hardship necessitating this request is self-created due to the applicant's refusal to allow an interconnection through the subject property, as explained in Deviation 4 above, staff recommends denial of this deviation. Moreover, staff believes the request would circumvent the objectives of FLUE Policy 7.3, which encourages the provision of interconnections with adjacent land uses, and Policy 7.4, which encourages new developments to provide walkable communities. Deviation 6 seeks relief from LDC Subsection 4.06.02.C.4, Buffer Requirements, which requires a 20-foot wide Type D landscape buffer adjacent to any external right-of"way. Proposal: The applicants would like to reduce the buffer width required to 15 feet along the 24-foot, non-compliant roadway proposed for the western boundary of the property. Staff's Determination: Staff recommends denial of this deviation because the hardship is self-created. NEIGHBORHOOD INFORMATION MEETING (NIM): The meeting was duly noticed by the applicant and held on May 12, 2009 at 6:00 p.m. at the Italian-American Club. Eighty three people from the public attended, as well as the applicant, Mr. PUDZ-2008-AR-14091, Siena Lakes CPUD July 21, 2009 19 Agenda Item No. 8A September 15. 2009 Page 31 of 109 Steve Nomes of Life Care Services, and his agents, Mr. Richard Y ovanovich, Esq., of Goodlette, Coleman, Johnson, Yovanovich and Koester and Mr. Robert Duane, AICP, of Hole-Montes, Inc.. County staff was also present. Mr. Y ovanovich presented an overview of the requested rezone from the Orange Blossom Gardens PUD, Oak Grove PUD and Rural Agricultural zoning districts to the CPUD zoning district for a continuing care retirement community. He also explained the requested companion amendments to delete approximately 6.13 acres from the Oak Grove PUD and approximately 5.85 acres from the Orange Blossom Gardens PUD. There was no opposition to the requested Oak Grove PUD or Orange Blossom Gardens PUD amendments, however there were concerns expressed regarding the subject petition. Questions asked were as follows: 1. How many parking spaces would be required for this project? The petitioner replied there would be 608 parking spaces, with the majority underground. 2. Where would staff and guest parking be located? The petitioner stated that the facility would employee 140 full time employees who would park near the assisted living facility. Guests would park near the homes of the residents they were visiting. 3. Will the service road be both an in and an out road? The petitioner replied that it would be. 4. One participant asked why the service road could not be located on the other side of the property. The petitioner replied that there was a minimum intersection distance requirement that could not be met if they moved the road to the other side of the property and added that there would only be, on average, two services trucks per day coming into the property. 5. Participants asked if Airport Pulling would be extended to four lanes. The petitioner replied that this project is not going to result in four lanes and no traffic signals would be installed. 6. The participants from the Lakeside community asked if the inter-connect road would be built joining their community with this project. The petitioner stated that if the inter- connect road was built it would need to be built by the Lakeside Community (as noted in this report, the petitioner has since agreed to build the road). The Lakeside participants were very receptive to that answer, as they did not want the inter-connect road built. 7. One Bridgewater resident asked if the lake between this project and Bridgewater would be filled in. The petitioner replied that the lake in question was actually on the First Baptist Church property, and would not be filled in. 8. The same resident asked what the building heights would be on the multi-story buildings. The petitioner stated that the tallest building would be 67 feet and five stores. This PUDZ-2008-AR-J4091, Siena Lakes CPUD July 2!, 2009 20 Agenda Item No. 8A September 15, 2009 Page 32 of 109 resident felt that this was too tall for the neighborhood. The petitioner stated that these building would be built closest to Orange Blossom Road and landscaping would screen the taller buildings. The meeting ended at approximately 7:30 p.m. Staff has received several letters of objection from neighboring property owners, attached as Appendix 1. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office has reviewed this staff report, revised on July 23, 2009. RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission (CCPC) forward Petition PUDZ-2007-AR-12248 to the Board of County Commissioners (BCC) with a recommendation of approval, subject to the stipulations incorporated into the CPUD document and restated below: 1. Irrespective of that shown on the CPUD Master Plan contained in Exhibit C-l, a vehicular and pedestrian interconnection shall be provided along the western boundary of the property to connect the project with the 24-foot public access road. 2. Rather than five-foot sidewalks on both sides of rights-of-way or easements internal to a site, as required pursuant to LDC Subsection 6.06.02.A.2, only a six-foot sidewalk shall be required on just one side of said streets. 3. All water and wastewater utilities constructed or extended within the public right-of-way shall be conveyed to, owned by, and maintained by the Collier County Water-Sewer District, and shall be required to be appropriately sized to service parcels that installation will affect. 4. Any cost of relocation, changes, or modifications to the existing utilities required or incurred during the road improvements within the Orange Blossom Road right-of-way are the sole responsibility of the developer. Zoning and Land Development Review staff also recommends that the CCPC deny Deviation 4, Deviation 5, and Deviation 6 as requested by the applicants, finding the singular hardship necessitating them to be created by the applicants' refusal to provide interconnections to adjacent communities, and antithetical to the purpose and intent of FLUE Policies 7.3 and 7.4 of the GMP andlor inconsistent with the provisions of the LDC. APPENDIX: 1. Letters of Objection PUDZ-2008-AR-14091, Siena Lakes CPUD 21 July 21,2009 PREP ARED BY: ~ V\-/ JO AVID MO", AICP, PRINCIPAL PLANNER DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: ~ RA YMO V. BELLOWS, ,-,ONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 7h./~ SAN M. ISTENES, AICP, DIRECTOR DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: Agenda Item No. 8A September 15, 2009 Page 33 of 109 7/'tJ-~ 61 , DA E 7.2,3-0; DATE 7-]5.. 0 l' DATE 7~G PH K. SCHMITT ADM ISTRA TOR I DATE MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the September 15, 2009 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: {V\~~ p>~ MARK~. STRAIN, CHAIRMAN PUDZ-2008-AR-14091, Siena Lakes CPUD 22 July 21, 2009 ~'--' r; - 0 /' DATE Blank Agenda Item No. 8A September 15, 2009 APPENtif:i1of 109 MossJohndavid -------_.~,_...._-~............._..._,......._---_.._,.............._-----~-_.._-,-,.......--.--..- From: . Ruthi Zenk [RuthiZ@comcast.net] Sent: Sunday, May 17, 2009 12:24 PM To: MossJohndavid Subject: Sienna Lakes May 16, 2009 Re: Sienna Lakes PUD rezoning To; John-David Moss, Collier County Department of Zoning From: Ruth Zenk, Lakeside resident, J-206 As to the rezoning request, I feel that there are many more negatives than positives in allowing to developer to move forward. 1) The density is very high, even though this is allowed for the type of residents that will occupy the buildings. Consequently there will be more autos, delivery trucks, repair men, visitors, mail trucks, etc. than there would be with a low density PUD. Orange Blossom Drive is not built with turn lanes necessary for that type of traffic. 2) A 69 foot, 5 story building is simply not appropriate in the middle of lower residential buildings. A building that high should be placed in an area that has mixed usage and/or on a main highway closer to the city where there are other mid-rises. It is not a good comparison to quote the height of nearby churches and hotels. It seems the developer is asking for the maximum allowed and then expecting you to stretch the rules for his other desires. Orange Blossom is a needed "cut-through" road and was never meant to have "commercial" type of entrances on it ....such as the wider section west of Airport Road that has the library entrance. During my 33 years in Naples, over 20 have been spent in real estate with half of those working for developers. I understand their problems and all that it takes to put together a project to be proud of. I have seen all the good successful projects and all the flawed mistakes. Usually a mid-rise is built where there is wonderful view. This building at Sienna Lakes would be looking over all the lower roofs in the neighborhood. Who would want to pay a premium to be on the 4th floor? I suggest that the developer find a more appropriate site for his project. I strongly hope that you will deny the rezoning of Orange Blossom Gardens. 5/18/2009 Agendcp~~~ f'JgffiA September 15, 2009 Page 35 of 109 MossJohndavid ,_~_,_____"_~____RW"_~'_"'_'_'_'_~_"_~_'__"_'_'_""'___,__"~~___w",,.,~,,'~__A___."_'____'#~~ To: shirley Iindenbaum Subject: RE: Siena Lakes From: shirley Iindenbaum [mailto:shirleylkside@embarqmall.com] Sent: Tuesday, May 19, 2009 7:55 AM To: MossJohndavid Subject: Siena Lakes As a resident of Lakeside (for the past 20 years) I wish to express my concern about the proposed development adjacent to our property called Siena Lakes. I attended the open forum to hear their "spiel" which was done quite professionally and overwhelmingly. I was amazed at the density planned for such a small area and the height of the bldgs. I also attended, years ago - the open forum for the proposed development directly across from Lakeside on Airport Rd. now called Sao Grato and at that time the height for all bIdgs was 3 stories. Why should a 5 story structure now be allowed? The speakers in regard to Siena Lakes tried to come across as "good neighbors1! but when asked if they could downsize their plans their response was 1!financially it could not be done" so greed is their motivation, not "good neighbors1!. Please, in your deliberation, consider the high density proposed and the impact on the established neighborhoods. Thank you for your time and efforts. Shirley Lindenbaum Vice President, Lakeside Carriage Homes 2781 Citrus Lake Drive, #101 Naples, FL 34109 email: $hjrl~yJk$i.~l~@~mbfl:rqmll.iLG:Qm 239-566-9483 5/19/2009 07/27/2009 12:07 7048726310 MMHl Agenda Iff\BENdaBA September 15, 2009 Page 36 of 1 09 CHRISTOPHER J. & KATHRYN E. MARTIN 351 SHILOH ROAD STATESVILLE, NC 28677 7Q4-872-1775 FAX 704-872-6310 FAX 1'0: John...David Moss Principal Planner Collier County Planning Commission FAX NUMBER: 239...643-6968 DATE: 7/27/09 NUMBER OF PAGES XNCLUDING COVER LETTER: 4 FoUbwing is a copy of a July 22 letter sent to you bV Richard Zelinka and Cindy Grossman regarding the Siena Lakes project. As property owners in BUilding D, Unit 103 on Citrus Lake Drive, we ~ree with the Objections noted in this Jetter: .using assisted living units to leverage the construction of conventional residences .bulldings that are out-of--scale (height) and incompatible with the surrounding neighborhood .exceptions and deviations from zoning or code requirements The requests in the final paragraph of this letter should be met by the Collier County Planning Commission, and any future plans proposed for building should be in compliance with the zoning, codes and requirements fot' our area. Thank you. Chris and Kathy Martin Pages following: 3 Agenda Item No. 8A September 15, 2009 Page 37 of 109 Richard Zelinka Cindy Grossman Email: rcz1@rcn.com July 22, 2009 John-David Moss Principal Planner Collier County Planning Commission 2800 North Horseshoe Drive Naples, FL 34104 RECEIVED JUt :2 7 2009 Re: Siena Lakes CCRC CPUD (Petition PUDZ-2008-AR-14091) Dear Mr. Moss: We own unit F202 at 2711 Citrus Lake Drive and are among the property owners at Lakeside who will be most affected by the Siena Lakes project. As we are lUlable to attend the hearing scheduled for August 6, we are writing to express our serious concerns regarding two very troubling aspects of the Siena project: the proposal to construct a series of interconnected 5-story buildings across the width of the site, and the absence of an effective visual barrier to screen Lakeside from these oversized buildings. The Siena project will contain 420 living units. Less than 20% of these will be assisted living units. Over 80% of the units (including all those in the 5-story buildings) will be independent living units (that is, condos or rental units). In your March 13, 2009 letter to the developer you noted that the Siena project looks more like condos with an ALF (assisted living facility) component than an ALF with an ILF (independent living facility) component. We agree. It is obvious that the Siena project is primarily a conventional condominium development with a relatively small assisted living facility component. Accordingly, any exceptions or deviations from zoning or code requirements based on the project being an assisted living facility should be granted with utmost caution and limited to what is appropriate for a project with only a 20% ALF component. As noted in the staff report (the "Report") of the Collier County Planning Commission (the "Commission"), the maximum height of the buildings permitted in the surrounding residential communities are as follows: 45 feet at Bridgewater Bay, 30 feet at Walden Oaks and three stories at Lakeside. Therefore, the 5-story buildings proposed for Siena, which will be 69 feet high according to the Report, will far exceed the height of any building in the surrounding communities. These 5-story buildings will dominate the landscape and be visible from many of the homes in the area. Clearly, they will be out of scale with the existing neighborhood. {B09] ]795; 2} Agenda Item No. 8A September 15, 2009 Page 38 of 109 Not only will these 5-story, buildings exceed the maximum building heights in the adjacent communities, they will also substantially exceed the 50-foot building height allowed in the C-3 zoning district which, according to the Report, was used by the planning staff as the "benchmark" to evaluate the proposed development standards for the Siena project. We find no basis for the Report's conclusion that these excessive building heights, significantly greater than allowed in the surrounding community and in the "benchmark" zoning district, have been mitigated by the placement of the buildings and by the "enhanced" vegetative bnffer. First, the developer's plan shows the five-story buildings massed in a line from east to west across the southern portion of the Siena property. Although broken up mid-way by a couple of lower buildings, they essentially form a wall creating a visual barrier that is not mitigated in any meaningful way by the additional set-backs. The Siena parcel is small and the homes in the surrounding communities are close to its boundaries; hence no amount of additional set-back can really mitigate the visual impact of buildings that are almost 70 feet high. Second, though we welcome the developer's proposal for an "enhanced" vegetative buffer, the proposed plantings appear to be inadequate, and seem designed more to screen the low-rise buildings at Siena from the two and three-story buildings at Lakeside than to screen Lakeside from the five-story buildings at Siena. The developer proposes to install trees 18 feet high and closer on center than the required 25 feet, and to provide 20% more trees than the minimum requirement. A tree 18 feet high will do little to screen a building that is 69 feet high (50 feet higher than the tree). Even if the tree grew to 30 feet, it would still be almost 40 feet lower than the building roof line. Moreover, the line-of-site elevations contained in Exhibit C-2 of the developer's CPUD document show only that the proposed buffer would aid in screening the three-story buildings at Siena from Lakeside. There are no elevations showing that the buffer would screen Lakeside from the 5-story buildings. To mitigate the effects of the increased building heights at Siena, plantings would have to reduce the visibility of the upper floors of the 5-story buildings. Nothing is offered to show that the proposed vegetative buffer will do this. As noted in the Report, the Commission is required to consider proposed zoning changes in relation to various criteria, including whether the proposed changes will adversely influence living conditions in the neighborhood (criterion #6) and whether the requested changes are out of scale with the needs of the neighborhood (criterion #14), The Report concludes that these two criteria will be met because the placement of the buildings, increased set-backs and enhanced vegetative buffers achieve compatibility with the neighborhood and mitigate the scale of the project. The facts recited in this letter (which are taken from the Report) do not snpport the Commission's conclusions and we urge the Commission to reconsider them. We do not oppose rezoning the Siena site to permit an assisted living facility or conventional residences. What we do oppose is allowing the developer to use 80 assisted {B091179S; 2} Agenda Item No. SA September 15. 2009 Page 39 of 109 living units to leverage the construction of 340 conventional residences in oversized buildings that are out-of-scale and incompatible with the surrounding neighborhood. The legitimate interests of the community and sound planning principles must not be sacrificed to the developer's desire for maximum profits. We request that the Commission revise its findings to reflect the facts in its ovvn Report, and that any approval ofthe Siena Lakes project be conditioned on a re-design that will bring the project into scale with the surrounding neighborhood, protect the site from over- development as required by the Land Development Code, and cause the PUD' s Master Plan to be in true compliance with the criteria applicable to the requested rezone. Very truly yours, ;P~~ ~ Richard Zelinka Cindy Grossman {B09l) 795; 2} 07/27/2009 11:05 5085405102 UPS STORE Agenda If~No@tlA September 15, 2009 Page 40 of 109 2895 Citrus Lake Drive Bldg. 0 #202 Naples, FL 34109 July 26, 2009 John - David Moss Principal Planner Collier County Planning Commission 2800 North Horseshoe Drive Naples, FL 34104 Re: Siena Lakes CeRe CPUD (Petition DUDE - 2008 - AR - 14091) Dear Mr. Moss: We are the owners of unit 0202 at the above address, and will be unable to attend the hearing on August 6th. We are concerned about the impact of the referenced project on the surrounding communities as noted in the letter to you from R. Zelinka/C. Grossman dated July 22, 2009. We would like to add our support to their letter and also request that any approval of the Siena Lakes project be conditioned on a redesign as noted therin. ~ResP;~llY y~urs. .<".~ \3 a es J. O'Ne 1 S~ko~ Sheryl L. 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'1":,f'.)1;':':"':. .' ,,~. .~~;.K'.". >.:. /.i:>:?~64~. _::.>'. -v .~"'" .. . ;;:~:r.~: ,,~. .....i!:Jr". .:...".~'.~: ..'~..; ':':'" :...../.""......J,J..'f..:I...... ........ ",'., .".,'. . /~;4'~-...d.:,.t.. ~''If...... '"' ~ , .':i!:~::..o;;.r.. . , . . .. " . : ~ ol!;; .: f~::r;... : ~ ': -, , ,. "i ;,11 . -": , '/::"i'~i: :of:.':' '1:"". 'r"",tl~<.,~~G. Agendl?lIlIienl~ ~A September 15, 2009 Page 43 of 109 MossJohndavid ~___--,,_____,,___~_~__~,~___,,_~__'_'__H'W'-'__'__'~__'_'____._--._...~.__~~_._,____._____P>_ From: EPCantor@aol.com Sent: Saturday, July 25, 2009 12:20 PM To: MossJohndavid Subject: Bridgewater Bay Community Hi John Please note my position in opposition to the location of the Service Entrance you are proposing for the east end of the development on Orange Blossom Drive. The Service Entrance will interfere with the quality of life for Bridgewater Bay home owners if it is adjoining that community. If however it is positioned on the west end of the development next to St. Katherine's Greek Orthodox Church, the service road will be next to an open area not even near the church and not near anyone's home. This should not be a difficult change to make in your building plans. It is however of major concern to your future neighbors living in Bridgewater Bay Community. Thank you very much for your serious consideration of this matter. I plan to attend the Hearing scheduled for Thursday, August 6,2009 at the Government Center. Copy to BWB Property Manager Copy to BWB Property Owners Association Ellie Cantor 3021 Driftwood Way Bridgewater Bay #3103 Naples, FL 34109 Phone: (239) 594-1091 7/27/2009 FROM: Bill WAGNER INVEST. SW. FL. INC. PHONE NO. 239 591 8971 Jul. 2~~~~~~4~.~ Page 44 of 109 FAX TO: 239-643-6968 John-David Moss Principal Planner Coflier County Planning Commission 2800 North Horseshoe Drive Naples, FL 34104 July 26, 2009 Dear John-David Moss, I am the president of Lakeside Gardens A, Condo Association. Our association consists of 108 families living in 108 condos. More people and more condos than any other association in Lakeside. While all of Lakeside is affected by this new project, my owners are the most affected because our back fence adjoins their property. It is THEIR buildings we wilt see day in and day out and the out of place, taller buildings for the first time, in this ares. I attended the first open forum where the Siena people had their say. We vigorously objected to the height and the density, among other things. at that meeting, We still feel that no other location anywhere near Lakeside has a height of five stories. I am an occupant at this location for 19 years. I should know. We are very concemed that something is being shoved down our throat. Perhaps not a gentlemanly way of saying something, but I am truly annoyed at this point. Annoyed because the original open meeting was held after the MAJORITY of our people left for their summer homes, to benefrt the builder. We are disturbed by the fact that the second meeting is STILL being held when people are not totally here. Again benefiting the builder. Then I read the changes the planning commission made and I wonder if any of us have a voice in this project at aU. Many of our people who live here year round are against the Siena Lakes project, as presently proposed, for the reasons stated. Others, not present, will have to voice their objections by U.S. mail. AgencIR!:J$n1~ €A September 15, 2009 Page 45 of 109 MossJohndavid From: Leo Milotte [leomilotte@hotmail.com] Sent: Monday, July 27, 2009 1 :57 PM To: MossJohndavid Subject: SIENA LAKES CCRC CPUD Correction Letter To: John David Moss, Principal Planner, Community Development & Environmental Division From: J. Leo & Ellen M. Milotte 3039 Horizon Ln #2107 Naples, F. 34109 We, the above, object to the 'as is' project to be known as "Siena Lakes" for the following reasons. 1. The density request of .60 ratio vs. LDC .45 for the county, as it is now, is unreasonable. This request is not compatible at the state density ratio. It does not fit this land surrounded by residential neighborhoods with a much lower ratio. The density ratio should be no more than the .45; the request by the partltioner of .60 is too high! 2. Height does not conform to any buildings in the area. The government buildings across Airport- Pulling Road and the Carlisle Residence do fall within a residenial background. The Greek church should not have been used as a comparable. The Baptist school height is actually a 3-story building and a decorative parapet with a mounted cross and is .05 (1/2) miles away; again, not a good comparable. 3. The plan for a delivery road to the property on the East end of Orange Blossom we consider a serious problem for excessive noise and traffic. A statement made by the interested party was that there would be approximately "2 deliveries a day"--this is not practical for this size facility serving so many people. We have concerns about the number of deliveries, waste management and/or hazardous medical pick-ups. We consider this to be an obstruction to our right for quiet and safety in a residential area. Respectfully submitted, Leo and Ellen Milotte 7/27/2009 Agenda Item No. 8A September 15, 2009 Page 46 of 1 09 John-David Moss Principal Planner Collier County Planning Commission 2800 North Horseshoe Drive Naples, FL 34104 Dear Mr. Moss: This is in regards to the Siena Lakes Project. I am an owner of a condo at Lakeside since 2005. I am fairly new to Florida. I have chosen Naples to buy a condo because it looks and feels different than other areas of Florida. I am sure in your oversight of planning you do consider the heart and soul of what makes each of the neighborhoods in Naples unique. I oppose buildings above the tree line in this area of North Naples. The county Library is a showpiece for city planning. Higher buildings will obscure the beauty here and the skyline. Naples skyline is palm trees and blue skies. If I wanted taller buildings to look at I would have bought in cheaper areas like Sarasota. I drove to Sarasota to visit thier beaches. There were so many buildings I did not even continue down the road to the turn to the beach. After a few miles I turned back to I 75 and headed back to Naples to enjoy our beaches and city. North Naples is the nicest community in Collier County and it stands out looking at Lee County as well. We need your expertise in capturing what that means and protecting what makes this place special. I am thankful for others who have let me know about this project. Sometimes you do not know what you value until it is gone. I hope putting my thoughts in writing help you and the planning commission consider what we value. In summary, please do not allow buildings more than 3 floors. Taller buildings can be built in other parts of the town that already have this type of building. Sincerely, Darlene Hernandez 2885 Citrus Lake Dr. 305N Naples, FI 34109 Agenda Item No. 8A September 15, 2009 ' Page 47 of 109 Marie & Antonio Petitti 34 Westfield Drive Trumbull~ CT. 06611 T onpetitti@aol.com 203-261-7720 August 5, 2009 John~David Moss Principal Planner Collier County Planning Commission 2800 Horseshoe Drive Naples~ Fl. 34104 Dear Mr. Moss: We own unit B -101 at Lakeside Condos on Citrus Lake Drive. We are Wlable to attend the meeting of August 611I but we do have very serious ()bj~tions to the planning of the project proposed for Siena Lakes!! We have owned our condo for almost 20 years and most of the changes we have seen in Naples have been for the positive such as the opening of LivingstDn Road, the new Naples Library and the planting of all the trees on Airport Road and the surrounding streets. But we are VERY OPPOSED to the number of buildings and the height of the buildings proposed for the small Siena Lakes land. This project will lower the value of all the surrounding condos. Also how in this economy can this builder sell over 300 condo units? (only 80 units will be assisted living) Will this project end up being similar to the project that was featured in USA Today newspaper last week with h buildings almost totally empty after several years of trying to sell its condos. We strongly urge the Collier County Commission to NOT consider the proposed zoning changes to allow the building of these 5 story towers in our neighborhood since it 'Will adversely influence living conditions. The proposed vegetative buffers do not block the height of the proposed buildings. The project needs to be scaled down to fit in with the surrounding condos. We will be in Naples in 2 weeks and would like to meet in person with any committee/persons to help make this project a favorable project for the surrounding condos. We are both Trumbull Town Committee Members and serve on 2 local boards. At this time we strongly urge the Planning Commission to re-viae lts j1.ndings IUId to revise the Siena Lakes design to conform to the sCllle of the surrolUlding community. '~-'='''~'~;'_._ .* _ .. .Thank You fo"'= :u~Il~ ;.;....fL,:,;__~ ,_~.__-:..,.I': -~.~~...l'-.~'--::- '..~:~",'_. " - t.~ '~~G ~tI-~~:'""'~!~ ~'" . , .. Marie and Antonio Pe . . ,.' - =":';:""l-.: .;;~Ef~~~~~t,;,,~:~;,~:.ir:""e~i ~.~::t:~,~~~:~v.:.;'~',~- :'" "to. ." -" '.: ~_::".,,';":;:;-'~7i~'-'~~'''','l:":!.~.i~~ -;::': <--r(J {JMf ~~ T0"d Wd S~:90 600~-S0-9n~ F\V: Siena Lakes Agend!"~~ Ng~iA September 15, 2P09 Page 48 of 109 MossJohndavid From: Mary Ann Costello [costelloma@gmail.com] Sent: Wednesday, August 05,20094:37 PM To: MossJohndavid Cc: etcostello@gmail.com; 'Mary Florence Miller' Subject: RE: Siena Lakes Thanks for sending this John, My husband and I object to the approval of this project for several reasons: 1} The placement of the service road - next to Bridgewater Bay - will cause noise and distract from the peacefulness of our community. It could be placed on the western end of the property and not hinder anyone. 2) The density ofthe proposed population - Looks like a condo project (340 units) to us with a small assisted living component (80 units). 3) The height of the proposed building structures. A five story building is NOT consistent with the surrounding neighborhoods and would adversely affect the value of the properties adjacent to this proposed development. 4) In the document (which I have read cover to cover) "you" touch lightly on whether or not this will affect the land values of surrounding neighborhoods. In fact the wording is really sad and underwhelming. Was it possible for you to get professional opinions from banks and real estate people to assess this potential disaster to the neighborhood? There is no way that is cannot effect us adversely. We will attend the meeting tomorrow and voice our concerns louder. By the way I don't understand how a requirement for 5 feet wide sidewalks on both sides of the street can be replaced with one 6 foot sidewalk on one side of the street and still be ca lied equal. Seems like 10 feet width will allow the passage of more foot traffic than 6 foot width. Not exactly sure how you all decided that one, Respectfully submitted Mary Ann and E. Thomas Costello 3244 Sundance Circle Bridgewater Bay Naples, FL 34109 From: MossJohndavid [mailto:JohndavidMoss@colliergov.net] Sent: Wednesday, August 05,20093:36 PM To: costelloma@gmaiJ.com Subject: FW: Siena Lakes . ;....~-.,=F.roni:.. MossJohndaviii': .:: :,.:..-,;..,-:;.\:~"".~.,'i ....,. : ." '::<\:"~:-'>::".:".~\:";'.:~"<'''''''.... Sent: Thursday, July 30, 2009 11:02 AM To: 'EPCantor@aol.com'; 'Andrew Dickman'; 'Leo Milotte'; 'shirtey Iindenbaum'; 'Ruth! Zenk.' Cc: 'parepantry@comc:astnet' Subject: SIena Lakes : ""'.'~n..r~..,.. ~ ~.:':.- . .;.:.~. v'. w-~ ~ 'I;. ~'..-:: . .'--~' <<siena lakes report. pdt>> 8/5/2009 My. S MYs. GVlO~c.eJOv,VvsoV'v 89 Hamilton Avenue Watertown Ct 06795 860.275.6995 917.488.7405 Agenda Item No. 8A September 15, 2009 Page 49 of 109 4-Aug-09 John-David Moss Principal Planner Collier County Planning Commission 2800 Horseshoe Drive Naples, FL 34104 Re: Siena Lakes CCRC CPUD (Petition) PUDZ-2008-AR-14091 Dear Mr. Moss, We own unit 8-102 on Citrus Lake Drive. We are unable to attend the scheduled meeting of August 6 and we have vety serious objections to the planning of this project as proposed. Our most serious objection is the planned height of this community of interconnected buildings each one being of 5 stories. This five story building height exceeds all maximum building heights in the surrounding community; will most certainly surpass the C-3 Zoning benchmark of 50 ft; and to-be bluritin-Iaymen's' terms; will bEf totally out of cha:racter Withltfthe surrounding community. The justification that the height of these buildings will be mitigated by a couple of lower buildings placed midway between the 5 story building residences is insufficient to counteract this affront in zoning. Also, we find no plausibility in the staff report ('The Report") of the Collier County Planning Commission that the excessive heights of these buildings will be mitigated by the placement of the buildings as noted above and by "enhanced vegetative buffer". Buildings that are obviously higher than all other surrounding buildings in the community are in fact, higher, than all other buildings regardless of a midpoint separation by lower height buildings! Nothing can change this reality. And the proposed screening of these excessively tall buildings from the Lakeside community is destined to be ineffectual. Our understanding is that trees 18 ft in height are proposed. Even if these trees double in height, they can not come ct9se to screening out buildings.tnat will ultimately be 50-70 ftc-tall. AI1Q:...it-i.s.also our understanding of the plans that this screening is improperly placed be it in the area of the lower height buildings and not the 5 story buildings. What specific buffer is going to screen the 5 story buildings? ..,{>..,tl";::;.... Please recognize that we do not oppose the re-zoning of the area for a combination assisted living/residential community. Agenda Item No. 8A September 15, 2009 But we strongly object to one that does not fit into the existing environment ofFtbrJe 50 of 1 09 community and that will adversely affect the living conditions of the community. . Towering buildings 50- 70 ft high do not have a fit with in our community. They change the character and landscape of the area entirety too much. . They adversely affect the living conditions of the community by overpopulating what is actually a small geographical area. . And they are blight unto the Lakeside community in what will be a visual blockade right in our back yard limiting the horizon; reducing exposure to sunlight and; reducing proper vegetation for both ecological and aesthetic purposes. My husband and I will both be in Naples at the end of August and we would like to meet in person with any committee/persons if necessary to help get this project on the right road. We are very disappointed in the report as submitted by the Commission. We have always been so impressed by the quality and care taken in the development of Naples' properties through out the 20 years we have been visiting and living in Naples and to where we will shortly retire. We strongly urge the Commission to fe-vise its findings and for any continuums of this project to be conditioned upon a revised desiQn that will conform in scale to the surrounding community. Regards, Choyce and Cheryl Johnson ;:'::"";:o!~::.:'" ,:'. .,., " :.;.. .~...' 'p;';.j.":~:!J.~~~~~~"r=-;:~f-= ,..~ . . _,.1 ..{..:z:..;'l.~. i-,(:''''~:~:''':::~'"i.~.'!.;~.:J:~''r.t,:;:-;~''' .,: '.. , .' -'.' ~ I ~:';'; ..~~.;:;--A>.~~;-;.~~~._,'~~ '., . Agenda Item No. SA September 15. 2009 Page 51 of 109 John-David Moss Principal Planner Collier County Planning Commission 2800 North Horseshoe Drive Naples, Florida 34104 RE: Siena Lakes CCRC CPUD Petition PUDZ-2008-AR-14091 Date: August 4, 2009 Dear Mr. Moss; My wife and I are owners of Lakeside Unit B-103 2S71 Citrus Lake Drive Naples. We have been owners of this unit since 1989. We watched the development of the whole area progress very nicely. We were impressed with the planning of the Collier government in protecting established neighborhoods. But in reference to theabove application I have to express my displeasu re and -concern- ever-the-proposed- height oHhe -buildings,-S stories.; Nothing in our area is over 3 stories. The approval of a structure of that height would be completely out of the norm for our area and be detrimental to the property values of our complex which abuts the proposed 60 plus foot high buildings. Nothing in our area including the beautifuUy developed Ritzz-Carlton Golf community approaches this height. I would ask that you reject this proposal and send it back for redesign to something more conforming to the present scale of the neighborhood. Thank you for your consideration and concern. Sincerely, . Michael Santogatta '. ;,.:..,-'.",,,"' -. Ann Santogatta 239-566-8189 (home) 203-910-2369 (cell) ; . . ...' ~, :- -~...:....'/;) ~. ~. ~ . .. b~'f.'f07~' , III W . U'if' b,.- :., r --cl? o. /8 ~~ 986- /i 'J: ~ --ii- ~rl /6 80 ( ~~i r M- -:::< ~, c1t:Jo? Ilk j,,--#-p>J -vO~ y).~: y2 ~1~d yJ ~<-r1-1.LAJ ~<..J ~y~~ .=>( 706 /7. JJ~~AIb... . ~~l FL -3 L./I6 t.{. a3l\I~3M ~~~~ Yr?~'v ~ t.Y-~4 ~~ ~d ~ ~ J; ,:>t~:f-v I r ~',Id 7'-4 v-?rJ- ,L;A... ~ ,:;{ ~ ~', . W~~~~~~ r__.. L. ~.. ....-I . n I --LLC_____ -.:. ~ ' , 1-' "'- 6~ ~ .....~ ~-r /~;Lt~ ~. ~ ~ /)~ ~--~~?~. ~ A:7~ ".. .n t9 _ ' ~~~', ~ ~~ ~ d A~-u Xu ~ t5?4J' ,:~~~~~ --t-~ ~"~ r:'1 -rr J-;t...- a <<A:1.. , /'-~..f!.. '-./ ~~ f~)../.:z:- l~ d ; . '. r:-::( c::4 ,/'?A..IfJL ./../..J~-c/Yl.::tJ ~-?-JZ.... ./J--,<-~ tL-tJ?_AC./ )c.'f p.-.'Y..-:J ~.-(1' J::::{).J...; ~';'--?f-,:tJ;Y:: .:!J-P'-<"J ~CJ.J-~i:t. (., II -.. :4--7'....-.".J~~..;r nA.A.-t ~J ~_ 1- .'r".n 'L ,,1 .-.'/ /: ; Jld.,.l :.:tu U~ UC: ::lC:p .:;;l11.L.l I 'H I L-Y Agenda Item No. 8A September 15, 2009 Page 53 of.1 09 July 30. 2009 FAX TO: Mr. John-David Moss Principal Planner Collier County Planning Commission 2800 Nortb Horseshoe Drive Naples. PI... 34104- FAX NO: 239-643-6968 Dear Mr. Moss: This .will serve as my rel>ponse due by July JO, 2009 regarding the Siena Lakes Project 1 am attaching a letter from two Lakeside residents, who have done e>.1ensivc re..<:eareh which also reflects many of my own opinions and lhoughts. I am also pU7.71cd by the designated deadlines which have been imposed on !.he communities located close to the project.. Many residents of La.k.eside were gone during the initial meetings which left them unable 10 express their opini.ons and ask imponan\ questions. Thank you., Marilyn Coates Lake::~idc Gardens A Association , . ,,!,,..~:~.._.'.,"1:;.~.. .. "-~ ".~" ' ~~... "'. ." ~ ~. --. Agenda Item No. 8A September 15, 2009 Page 54 of 109 Eduardo N. Lucotti Maria D. Lucotti 2895 Citrus Lake Drive Naples, FL. 34109 July 27, 2009 John-David Moss Principal Planner Collier County Planning Commission 2800 North Horseshoe Drive Naples, FL 34104 Re: Siena Lakes CCRC CPUD (petition PUDZ-2008-AR-14091) Dear:Mr. Moss: My husband and I own Unit 0-301 at Lakeside Gardens "A" and are very toubled concerning the Siena project: Le. overbuilding, maximum height restrictions, and a narrow two-way street (Orange Blossom) as the main entrance. Attached is copy ofletter from Richard Zelinka and Cindy Grossman which is self explanatory and we ate in full agreement. Yours Truly, J .J.<UI,iiV. Lu 0, ~ ~:'Iv. . m J --r--7.. ' .... vIp ~ ~ ~d./wO I 7; Eduardo Lucotti Maria Lucotti t .~H{.';k>~f~~,~~*~~:!:~?': ~: .~~.:,~.t.: :~ .:~ ';Tri':;~:~~';': ',;:.: .~~~:':'- ". -':-f.~'r ;',-~;,~:t;:r:~~,~;;t.n.f,'~r1.- -. RECE1\lFr'I ~ ;.('" . .~): )-nt1~~ :'~ ~ : 1'\ Agenda Item No. 8A September 15. 2009 Page 55 of 109 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET 6968 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252- APPLICATION FOR PUBLIC HEARING FOR: o AMENDMENT TO PUD (PUDA) ~ PUD REZONE (PUDZ) REZONE (PUDZ-A) o PUD TO PUD PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PlANNER To be completed by staff APPLICANT INFORMATION NAME OF APPLICANT(S) LCS DEVELOPMENT, LLC ADDRESS 400 LOCUST STREET, SUITE 820 CITY DES MOINES STATE IA ZIP 50309 TELEPHONE # (515) 875-4518 CELL # FAX # E-MAIL ADDRESS:BLEEKEROLCSNET.COM NAME OF AGENT ROBERT L DUANE, AlCP OF HOLE MONTES, INC. (& RICHARD D. YOVANOVlCH, ESQ.) Application For Public Healing For PUD Rezone 01/]8/07, rev 2112/08, rev 7/1 ]/08 Agenda Item No. 8A ADDRESS 950 ENCORE WAY &I 4001 TAMIAMI TRAIL NORTH, SUITE 300 CITY~~~r 15, 2009 Page 56 of 109 STATE FL ZIP TELEPHONE # 239-254-2000 CELL # FAX # 239-254-2099 E-MAIL ADDRESS:BOBDUANE@HMENG.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.collier~ov.netJlndex.aspx?pa~e=774 NAME OF HOMEOWNER ASSOCIATION: LAKESIDE OF NAPLES RESIDENTS ASSOCIATION MAILING ADDRESS 2505 SAILORS WAY CITY NAPLES STATE FL ZIP 34109 NAME OF HOMEOWNER ASSOCIATION: LAKESIDE SOCIAL CLUB &I LAKESIDE OF NAPLES RESI DENTS MAILING ADDRESS 2710 SAILORS WAY &I 2506 SAILORS WAY CITY NAPLES STATE FL ZIP 34109 NAME OF HOMEOWNER ASSOCIATION: WALDEN OAKS HOMEOWNERS ASSOCIATION MAILING ADDRESS 7098 LONE OAK BLVD. CITY NAPLES STATE FL ZIP 34109 Application For Public Hearing For pun Rezone 01/18/07, rev 2112/08, rev 711 1108 Agenda Item No. SA NAME OF HOMEOWNER ASSOCIATION: BRIDGEWATER BAY PROPERTY OWNER'$&>MA5ifrERi. 2009 ASSOC. Page 57 of 109 MAILING ADDRESS 3278lWILlGHT LANE & 3051 HORIZON LANE CITY NAPLES STATE FL ZIP 34109 NAME OF HOMEOWNER ASSOCIATION: OAK GROVE PROPERTY OWNERS ASSOCIATION MAILING ADDRESS 3219 SUNDANCE CIRCLE CITY NAPLES STATE FL ZIP Disclosure of Interest Information a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownership Old Barn, Inc., (Mark Bates-President) 100% Application For Public Hearing For PUD Rezone 0]/18/07, rev 2/]2/08, rev 7:] 1/08 .. . '::I' ....... "'" II 'V. Eunhee Bates Living Trust September 15, 20( Paae 58 of 1 ( 1613 Chinaberry Way Naples, Florida 34105 Eunhee Bates 100% A 9 9 c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership Application For Public Hearing For PUD Rezone 01118/07, rev 2/12/08, rev 71\ 1I08 Agenda Item No. 8A e. If there is a CONTRACT FOR PURCHASE, with an individual c#~kdua,ls~09 Page 59 ofl 09 a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership LCS-Westminster Naples, LLC 100% 400 Locust Street, Ste. 820 Des Moines, IA 50309 Date of Contract: 7/10/08 f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired D yrs./mos. leased D Term of lease If, Petitioner has option to buy, indicate the following: Date of option: 7/10/08 Date option terminates: , or Application For Public Hearing For PUD Rezone 01/]8/07, rev 2/12/08, rev 7/11/08 Agenda Item No. 8A Anticipated closing date 6 mos. after date of final zontnunber 15, 2009 'Page 60 of 109 approval of site h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. PROPERTY LOCATION Detailed leeal description of the property covered bv the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be req u ired. Section/Township/Range 01 / 49S / 25E Lot: Block: Subdivision: Plat Book 2696, 2793, 2500 Page #: 2526, 2527, 2522, 0576 Property I.D. #: 00235680004,00235520009,00235560001,00236000007 Metes & Bounds Description: Size of pro pert v: irreg. +/- 1,675 ft. X irreg. +/- 762 ft. = Total Sq. Ft. 1,274,206 Acres +/- 29.2 Address/eenerallocation of subiect property: North side of Orange Blossom Drive, east of A+irport Road. PUD District (LDC 2.03.06): D Residential D Community Facilities ~ Commercial D Industrial Application For Public Hearing For PUD Rezone 01118/07, rev 2/12/08, rev 7/] 1/08 ADJACENT ZONING AND LAND USE Agenda Item No. 8A ~ A, 9 Paqe 61 of 1 9 Zoning Land use N PUD Residential-Lakeside of Naples at Citrus Gardens Residential-Lone Oak PUD SPUD E PUD Residential-Oak Grove & First Baptist Church WPUD Orange Blossom Gardens PUD/vacant Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section/Township/Range / / Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: REZONE REQUEST This application is requesting a rezone from the Non-Agricultrual PUD - Orange Blossom Gardens zoning district(s) to the Commercial - LCS Naples CCRC CPUD zoning district(s). Present Use of the Property: Agricultural Proposed Use (or range of uses) of the property: Continuing Care Retirement Community Original PUD Name: Orange Blossom Gardens PUD Ordinance No.: 92-75 EVALUATION CRITERIA Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone Application For Public Hearing For pun Rezone 0]/]8/07, rev 2/12/08, rev 7/11/08 Agenda Item No. 8A request with specific reference to the criteria noted below. Include Sutvmba:d~~09 'Page 62 0(109 materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10.02.13.8) 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. SEE ATTACHED RESPONSE 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. SEE ATTACHED RESPONSE 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) SEE ATTACHED RESPONSE 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. SEE ATTACHED RESPONSE 5. The adequacy of usable open space areas in existence and as proposed to serve the development. SEE ATTACHED RESPONSE 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. SEE ATTACHED RESPONSE 7. The ability of the subject property and of surrounding areas to accommodate expansion. SEE ATTACHED RESPONSE Application For Public Hearing For PUD Rezone 01/18/07, rev 2/12/08, rev 7/11/08 Agenda Item No. 8A September 15, 2009 ., . .,. . Pag,e 63 of 109 8. Conformity with PUD regulations, or as to desirable modifications or such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. SEE ATTACHED RESPONSE Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owneiS association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subiect property: To your knowledge, has a public hearing been held on this property within the last year? D Yes ~ No If so, what was the nature of that hearing? Official Interpretations or Zonina Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? D Yes ~ No If so, please provide copies. NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processinq or otherwise actively pursue the rezoninq for a period of six Application For Public Hearing For PUD Rezone 01/18/07, rev 2/12/08, rev 7/11/08 Agenda Item No. (6) months. An application deemed "closed" will not receive further p~~l$ltlM1arKP page'1>4 of 1 an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the project will be subject to the then current code. (LDC Section lO.03.0S.Q.) Application For Public Hearing For PUD Rezone 01/18/07, rev 2112/08, rev 7/11/08 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST Agenda Item No. SA September 15, 2009 Page 65 of 1 09 APPLICANT INFORMATION NAME OF APPLlCANT(S) LCS DEVELOPMENT, LLC ADDRESS 400 LOCUST STREET, SUITE 820 CllY DES MOINES STATE IA ZIP 50309 TELEPHONE # (515) 875-4518 CELL # FAX # E-MAIL ADDRESS:BLEEKER@LCSNET.COM ADDRESS OF SUBJECT PROPERlY (IF AVAILABLE): Orange Blossom Drive LEGAL DESCRIPTION Section/Township/Range 01 / 49S / 29E Lot: Block: Subdivision: Plat Book 2696, 2793, 2500 Page #: 2526, 2527, 2522, 0576 Property I.D. #: 00235680004,00235520009,00235560001,00236000007 Metes & Bounds Description: TYPE OF SEW AGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM a. CllY UTI LIlY SYSTEM b. FRANCHISED UTILllY SYSTEM PROVIDE NAME c. PACKAGE TREATMENT PLANT (GPO capacity) d. SEPTIC SYSTEM [2J o o o TYPE OF WAlER SERVICE TO BE PROVIDED a. COUNTY UTIUTY SYSTEM [2J Application For Public Hearing For PUD Rezone 01/18/07, rev 2/12/08, rev 7/1 ]/08 b. CITY UTILITY SYSTEM c. FRANCHISED lITIUTY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) D D Agenda Item No. 8A September 15, 2009 Page 66 of 109 D STATEMENT OF UTILITY PROVISIONS - page 2 TOTAL POPULATION TO BE SERVED: 340 Independent LMng Units; 80 Units (assisted IMng. skilled nursing and memory care) PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 244 GPM AVERAGE DAILY 87,740 GPO B. SEWER-PEAK 196 GPM AVERAGE DAILY 70,400 GPO IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM. PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED 1 st Quarter, 2013 NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, Application For Public Hearing For PUD Rezone 01118/07, rev 2/12/08, rev 7/11/08 Agenda Item No. 8A written notarized statement shall be provided agreeing to dedic~tetEOOb@d~i~~09 C U 'I' . h d' 'b' d II . f 'I' ,Page ~7ho,f 109 ounty tl Itles t e water Istn utlon an sewage co ectlon aCI Itles Wit In the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility casements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Application For Public Hearing For PUD Rezone 011\ 8/07, rev 2112/08, rev 7/11/08 ^ ". .~. September 15, 20( 9 Page 68 of 1( 9 AFFI DAVIT Well, being first duly sworn, depose and say that well amlare the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Well further authorize Robert L. Duane, AICP and Richard D. Yovanovich, ESQ. to act as ourlmy representative in any matters regarding this Petition. Signature of Property Owner Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this _______ day of ------------, 200____, by _________________________who is personally known to me or has produced ________________________as identification. Application For Public Hearing For PUD Rewne 011] 8/07, rev 2/]2/08, rev 7/1 1/08 Agenda Item No. 8A September 15, 2009 Page 69 of 109 ---------------------------------- State of Florida County of Collier (Signature of Notary Public - State of Florida) ---------------------------------- (Print, Type, or Stamp Commissioned Name of Notary Public) App]ication For Public Hearing For PUD Rezone 0]118/07, rev 2/]2/08, rev 7/] 1108 Agenda Item No. 8A COVENANT OF UNIFIED CONTROL September 15, 2009 Page 70 of 109 The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as property located north of Orange Blossom Drive, Naples, FL 34109 (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for commercial planned unit development (CPUD) zoning. We hereby designate Robert L. Duane, AICP and Richard D. Yovanovich, Esq., legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Owner Owner Printed Name Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to (or affirmed) and subscribed before me this day of ,200_ by who is personally known to me or has produced as identification. Notary Public (N ame typed, printed or stamped) (Serial Number, if any) Application For Public Hearing For PUD Rezone 01118/07, rev 2/12/08, rev 7/1 Jl08 TRAFFIC IMPACT STATEMENT (TIS) Agenda Item No. SA September 15, 2009 r 080 71 u~ ~ 19 A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include the following: 1. Trip Generation: (at build-out) Annual Average Daily Traffic Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/egress point, or providing turn or . ecal lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. Application For Public Hearing For PUD Rezone 011]8/07. rev 2/12/08. rev 7il ]/08 Agenda Item No. 8A 7. For Rezones Only: State how this request is consistent with t~pt!rmftc1:tb~09 Page 72 of 109 policies of the Traffic Circulation Element(TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4,4.4, 5.1,5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. Planned/Proposed Roadway Improvements 6. Proposed Schedule (Phasing) of Development TRAFFIC IMPACT STATEMENT (TIS) STANDARDS The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: 1. Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. 2. Trip Assiqnment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existing Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. Application For Public Hearing For PUD Rezone 01118/07, rev 2/12/08, rev 7/11/08 Agenda Item No. 8A 4. Level of Service (LOS): The LOS of a roadway shall be expressed in~mWEt1)fl!t~09 Page 73 of 109 applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. 5. Radius of Development Influence (RDO: The TIS shall cover the least of the following two areas: a) an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) o - 49, 999 Sq. Ft. 2 Miles 50,000 - 99, 999 Sq. Ft. 3 Miles 100,000 - 199, 999 Sq. Ft. 4 Miles 200,000 - 399, 999 Sq. Ft 5 Miles 400,000 & up 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. 6. Intersection Analvsis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). 7. BackQround Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteristics. Application For Public Hearing For PUD Rezone 0J/18/07. rev 2il2/08. rev 7/1 liOS 8. Agenda Item No. 8A September 15, 2009 Page 74 of 109 Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. 4 ThrouQh Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. 10. Planned/Proposed Roadwav Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 5 Proiect Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. Application For Public Hearing For PUD Rezone 01/18/07, rev 2/12/08, rev 7/11/08 Agenda Item No. 8A ~ 1 t) ?O( 9 Page 75 of 1C 9 PUD REZONE APPLICATION SUBMITTAL REQUIREMENTS GENERAL INSTRUCTIONS Application information must be clearly printed or typed. All material must be legible and completed in full. All requirements must be submitted as indicated below, unless otherwise determined during the pre-application meeting. GENERAL APPLICATION To be completed in full and to include the following information. PUD list of permitted uses Development Standards Table List of proposed deviations from the LDC (if any) List of Developer Commitments Refer to LDC Section 1 0.02.13.A.2 for required information PRE-APPLICATION MEETING NOTES WITH THE ADDRESSING CHECKLIST FORM Provide copies of notes taken at pre-application meeting DIGITAL REQUIREMENTS An electronic version of all plans and documents on CDROM as part of the submittal package. FEES Required fees in accordance with current Fee Schedule. Check shall be made payable to: Collier County Board of Commissioners. Application Fee ~ PUD Rezone = $10,000 + $25 per acre ~ PUD to PUD Rezone = $8,000 + $25 per acre Comprehensive Planning Consistency Review = $2,250 Application For Public Hearing For PUD Rezone 01 iJ 8/07, rev 2/] 2108, rev 7/1 J /08 Legal Advertising Fees ~ BCC = $363 ~ CCPC = $760 Fire Code Review = $1 50 EIS Review = $2,500 Agenda Item No. 8A September 15, 2009 Page 76 of 109 Note: An additional fee for the 5th and subsequent re-submittal will be accessed at 20% of the original fee. ENVIRONMENTAL IMPACT STATEMENT (EIS) An Environmental Impact Statement (EIS), as required by Section 10.02.02. of the Land Development Code (LDC) , or a request for waiver if appropriate. AERIAL PHOTO Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.05.07). BOUNDARY SURVEY Boundary Survey, no more than six months old, abstracted, signed, sealed and prepared by a Florida registered land surveyor, showing the location and dimensions of all property lines, existing streets or roads, easements, rights-of- way, and areas dedicated to the public. HISTORICAL & ARCHAEOLOGICAL SURVEY A historical and archeological surveyor waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting) PUD MASTER PLAN Application For Public Hearing For PUD Rezone 01118/07, rev 2/12/08, rev 7/1 1/08 Agenda Item No. 8A In compliance with Section 10.02..1 3.A.1 of the Land Development Co~ptember 15,2009 Page 77 of 109 OWNER/AGENT AFFIDAVIT Affidavit signed by owner authorizing agent to act as representative. Must be signed and notarized. WARRANTY DEED A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. ARCHITECTURAL RENDERING Architectural rendering of any proposed structures TRAFFIC IMPACT STATEMENT (TIS) Unless waived at the pre-application meeting, a Traffic Impact Statement (TIS) must be submitted. Please refer to attached TIS standards. UTILITY PROVISIONS STATEMENT A copy of the Utility Provisions Statement with required attachments and sketches. Please refer to attached form. AFFORDABLE HOUSING DENSITY BONUS AGREEMENT Including all Appendices and Exhibits PERM ITS Copies of State and/or Federal permits STATEMENT OF COMPLIANCE Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub-district, policy or other provIsion allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that sub-district, policy or other provision.) NEIGHBORHOOR INFORMATIONAL MEETING (NIM) Required per LDC Section 10.03.05.E. Please see attachment for requirements. Application For Public Hearing For PUD Rezone 01118107, rev 2/12108, rev 7111108 OTHER Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. Agenda Item No. 8A September 15, 2009 Page 78 of 109 CONTINUANCE FEES In accordance with Collier County Community Development and Environmental Services Fee Schedule, when land use petitions are continued, the following fees will apply: Requested after petition has been advertised = $500 Requested at the meeting = $750 Additional required advertising charged in addition to continuance fees BE ADVISED THAT SECTION 10.03.05.B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFfER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. Application For Public Hearing For PUD Rezone 0]/18/07, rev 2/12108, rev 7/1 lI08 Agenda Item No. 8A September 15, 2009 Page 79 of 109 NEIGHBORHOOD INFORMATIONAL MEETING LDC Section 10.03.0S.E Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to Section 10.03.05.B.8. Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Zoning Department and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one-fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner than five (5) days before, the NIM. The Collier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Zoning Department. Application For Public Healing For PUD Rezone 01/18/07, rev 2/12/08, rev 7/1 ]/08 Agenda Item No. 8A As a result of mandated meetings with the public, any commitments made b~Ett.rat>>Pllkfa~fl09 shall be reduced to writing and made a part of the record of the proceedings prJi8ira~~oIJ09 the Zoning Department. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at its expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. Application For Public Hearing For PUD Rezone 01/18/07, rev 2/12/08, rev 7/11108 ^ ....J U .... "'I PUD AMENDMENT (PUDA) PUD REZONE (PUDZ) PUD to PUD REZONE (PUDZ-A) APPLICATION SUBMITTAL CHECKLIST September 15, 20l 9 Page 81 of 1( 9 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOWW/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTAL5 WILL NOT BE ACCEPTED. #OF NOT REQUIREMENTS COPIES REQUIRED REQUIREC STANDARD REQUIREMENTS: 1 Additional set if located in the Bayshore/Gateway Triangle Redevelopment Area) Copies of detailed descriPtion of whv amendment is necessarv 24 lZQ U Completed Application with list of Permitted Uses; Development 24 cgJ D Standards Table; List of proposed deviations from the LDC (if any); List of Developer Commitments and Statement of Compliance narrative (download aDDlication from webslte for current form) Pre-application meetinq notes 24 cgJ D PUD Conceptual Master Site Plan 24" x 36" and One 8);2" x 11" copy 24 cgJ D Revised Conceptual Master Site Plan 24" x 36"and One 8 W' x 11" 24 D cgJ copv Original PUD document/ordinance and Master Plan 24" x 36" - ONLY IF 24 D cgJ AMENDING THE PUD Revised PUD application with chanqes crossed thru & underlined 24 D cgJ Revised PUD application w/amended Title page w/ord #'s, LDC 24 D cgJ 10.02.13.A.2 Justification/Rationale for the Deviations (must be on a separate sheet 24 cgJ D within the application material; please DO NOT include it in the PUD documents) 2 COl)leiof thefollowlna: . Deeds/Leqal's & Survey (if boundary of oriqinal PUD is amended) 2 cgJ D List identifying Owner & all parties of corporation 2 cgJ D Owner! Affidavit siqned & notarized 2 cgJ D Covenant of Unified Control 2 cgJ D Completed Addressinq checklist 2 cgJ D 4 Cobles oftl1e folloWIng: . . Environmental Impact Statement (EIS) and digital/electronic copy of EIS D cgJ or exemotion iustification 4 Historical Surveyor waiver request 4 D cgJ Application For Public Hearing For PUD Rezone 01118/07, rev 2/12/08, rev 7/l 1108 . " ~. ~ptem . "', Utility Provisions Statement w / sketches 4 er 1 009 Architectural renderinq of proposed structures 4 0 I-'a e tj. ~ W~ Survey, siqned & sealed 4 [gJ 0 Traffic Impact Statement (TIS) or waiver (with applicable fees) 7 [gJ 0 Recent Aerial Photograph (with habitat areas defined) min scaled 5 [gJ 0 1 "=400' Electronic copy of all documents in Word format and plans (CDRom or 1 ~ 0 Diskette) COpy of Official Interpretation and/or Zoninq Verification 1 0 ~ If located in RFMU (Rural Frinqe Mixed Use) ReceivinQ Land Areas Applicant must contact Mr. Gerry J. Lacavera, State of Florida Division of Forestry @ 239-690-3500 for information regarding ''Wildfire Mitigation & Prevention Plan", LDC Section 2.03.08.A.2.a.(b)i.c. Applicant/Agent Signature Date Application For Public Hearing For PUD Rezone 01118/07, rev 2/]2/08, rev 7/] 1108 Agenda Item No. SA September 15, 2009 Page 83 of 109 EXHIBIT A 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. 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: 1. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: CONDITIONAL USES (Optional) 1. DEVELOPMENT STANDARDS Table below sets forth the development standards for land uses within the (type ofpUD) PUD Residential Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. Application For Public Hearing For PUD Rezone 0111 8/07, rev 2/12/08, rev 7/11/08 EXHIBIT B TABLE I RESIDENTIAL DEVELOPMENT STANDARDS Application For Public Hearing For PUD Rezone 01118/07, rev 2/12/08, rev 7/] 1108 Agenda Item No. 8A September 15, 2009 Page 84 of 109 Agenda Item No. SA September 15, 2009 D .~~ oc: ~~ 1 no ." DEVELOPMENT SINGLE SINGLE TWO-FAMIL Y, MUL TI- CLUBHOUSE/ STANDARDS FAMILY FAMILY PATIO & FAMILY RECREATION ATTACHED & ZERO LOT LINE BUILDING~ TOWNHOUSE PRINCIPAL STRUCTURES MINIMUM LOT AREA S.F. PER S.F. PER S.F. PER S.F. PER S.F. PER UNIT UNIT UNIT UNIT UNIT MINIMUM LOT WIDTH FEET FEET FEET FEET FEET MINIMUM FLOOR AREA S.F S.F S.F N/A S.F./D.U. MIN FRONT YARD FEET FEET FEET FEET N/A MIN SIDE YARD FEET FEET or FEET or FEET N/A MIN REAR YARD FEET FEET FEET FEET N/A MIN PRESERVE SETBACK FEET FEET FEET FEET FEET MIN. DISTANCE BElWEEN FEET FEET FEET FEET or N/A STRUCTURES BH. whichever is qreater MAX. BUILDING HEIGHT FEET FEET FEET FEET FEET NOT TO EXCEED ACCESSORY STRUCTURES FRONT FEET FEET FEET FEET FEET SIDE FEET FEET FEET FEET BH REAR FEET FEET FEET FEET FEET PRESERVE SETBACK FEET FEET FEET FEET FEET DISTANCE BETWEEN PRINCIPAL STRUCTURE MAX. BUILDING HEIGHT SPS SPS SPS FEET NOT TO EXCEED FEET Application For Public Hearing For PUD Rezone 0 I /18/07, rev 2/1 2/08, rev 7/II/08 S.P.S. = Same as Principal Structures BH = Building Height Footnotes as needed Agenda Item No. 8A September 15, 2009 Page 86 of 109 GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. Setback may be either feet ( ) on one side and feet ( ) on the other side in order to provide a minimum separation between principal structures of feet ( ). Alternatively, if the foot ( ) setback option is not utilized, then the minimum setback shall not be less than feet ( ) and the combined setback between principal structures shall be at least feet ( ). At the time of the application for subdivision plat approval for each tract, a lot layout depicting minimum yard setbacks and the building footprint shall be submitted. T ABLE II DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA Sq.Ft. N/A MINIMUM LOT WIDTH Ft. N/A MINIMUM YARDS (External) From Immokalee Road Canal ROW Ft. SPS From Future Extension of Collier Blvd. Ft. SPS From Western Project Boundary Ft. Ft. MINIMUM YARDS (Internal) Internal Drives/ROW Ft. Ft. Rear Ft. Ft. Side Ft. Ft. MIN. DISTANCE BETWEEN Ft. or sum of Ft. STRUCTURES Building heights * MAXIMUM HEIGHT Retail Buildings Ft. Ft. Office Buildings Ft. Ft. Application For Public Hearing For PUD Rezone 01118/07, rev 2/12/08, rev 7/11/08 D,",~"" 07 ....f 1 MINIMUM FLOOR AREA Sq. Ft. ** N/A ~ MAX. GROSS LEASABLE AREA Sq.Ft. N/A Agenda Item No. 8A September 15, 2009 9 * whichever is greater ** per principal structure, on the finished first floor. EXHIBIT C MASTER PLAN Application For Public Hearing For PUD Rezone 01/18/07. rev 2/12/08. rev 7111/08 EXHIBIT D LEGAL DESCRIPTION (If legal description is too long, add as an attachment) Agenda Item No. 8A September 15, 2009 Page 88 of 1 09 Application For Public Hearing For PUD Rezone 01118/07, rev 2/12/08. rev 7/11108 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC Application For Public Hearing For PUD Rezone 01/18/07, rev 2/12/08, rev 7/J 1/08 Agenda Item No. 8A September 15, 2009 Page 89 of 109 EXHIBIT F LIST OF DEVELOPER COMITMENTS Agenda Item No. 8A September 15, 2009 Page 90 of 109 Application For Public Hearing For PUD Rezone 01118/07, rev 2/12/08, rev 7/11108 Agenda Item No. 8A September 15, 2009 Page 91 of 109 ORDINANCE NO. 09 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULA nONS FOR THE lJNINCORPORA TED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE ORANGE BLOSSOM GARDENS PLANNED UNIT DEVELOPMENT (PUD), OAK GROVE PLANNED UNIT DEVELOPMENT (PUD) AND AGRICULTURAL (A) ZONING DISTRICTS TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO ALLOW A CONTINUING CARE RETIREMENT COMMUNfTY FOR A PROJECT KNOWN AS THE SIENA LAKES CCRC CPUD, LOCATED IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, IN COLLIER COUNTY, FLORIDA, CONSISTING OF 29.25:f:: ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert Duane, AICP of Hole Montes, Inc. and Richard Y ovanovich, Esq. of Coleman, Yovanovich and Koester, PA, representing LCS-Westrninster Naples LLC petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. 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 Section 1, Township 49 South, Range 25 East, in Collier County, Florida, is changed from the Orange Blossom Gardens Phumed Unit Development (PUD), Oak Grove Planned Unit Development (PUD) and Agricultural (A) Zoning Districts, to a Commercial Planned Unit Development (CPUD) known as the Siena Lakes CeRC CPUD in accordance with Exhibits A through F, attached hereto and incorporated herein and by reference made part hereof. The appropriate PUDZ-2008-AR-14091 REV. 8/27109 Page 1 0[2 Agenda Item No. 8A September 15, 2009 Page 92 of 109 zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: 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 ,2009. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: ~{t~d\ Heidi Ashton-Cicko Section Chief, Land Useffransportation Attachments: Exhibit A - List ofPerrnitted Uses Exhibit B - Development Standards Exhibit C-l - Master Plan Exhibit C-2 - Line of Sight Exhibit C-3 - Landscape Buffer Elevations Exhibit C-4 - Cross Sections and Details Exhibit C-5 - Site Amenities Exhibit D - Legal Description Exhibit E - List of Requested Deviations Exhibit F - List of Developer Commitments CP\OB-CPS-009 I 9\33 PUDZ-200B-AR-14091 REV. 8/27/09 Page 2 of2 ~~ Agenda Item No. SA September 15, 2009 Page 93 of 109 EXHIBIT A LIST OF PERMITTED USES Siena Lakes CCRe CPUD (;:6ntiB.lIiBg CaFe Retirement CeIBDl\laities (CCRes) CCR-Cs eff~!' S~lel'8l s8rviees in one laeation, whieh gives people the e.BaRee tEl stay in ORe p180e EWeR ift:heir MeGs elumge as they age. These serviees may iBebuie liUrsmg ears ar other heakh serviees, meals, hotl58keepmg serviees, tmAspartati01'l aad emergeaey asSistSflG8 and also a variety Boeial aativities ana eaooational opportunities on the CeRC oampHs. The CCRes shall also provide r.esideat8 ',,,ita a Gootmet that says the CeRe '.vill offer residents with housing and serviees fer lif-e. PERMITTED USES A maximum of 764,478 square feet shall be pennitted. 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: Residential uses for persons aged 62 and over shall be permitted consisting of 340 independent living units and an assisted living facility comprised of 20 assisted living beds, 45 skilled nursing beds and 15 memory (dementia) care beds. A minimum of 72,000 square feet of various associated amenities shall be provided so residents may age in place. Personal support services shall also be provided to the independent living residents. Density shall be permitted at a combined maximum floor area ratio (FAR) of 0.60. A. Principal Uses: 1. Independent living units (lLV). Units such as houses, duplexes, town houses or apartment residences for residents who do not require special medical assistance; however, the same services offered to the dependent population shall be made available if they choose to use them. 2. Assisted Jiving units (ALV). Assisted living is a long~tellI1 residence that provides care in a residential setting. It is designed for those who need help in their day.to-day lives but who do not require 24.hour skilled nursing care. 3. Alzheimer Special Care or Memory Care Units (SCU). SCUs are usually a floor or units inside of a much larger ALU to meet the special needs of residents with dementia. 4. Skilled Nursing units Facility (SNF). A residence that provides a room. meals, and help with activities of daily living and recreation. Residents would generally have physical or mental problems that keep them from living on their own and, therefore, usually require daily assistance. A"'SlI9.2009 0~ Agenda Item No. 8A September 15, 2009 Page 94 of 109 5. Any other commercial or professional use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent of the district as detennined by the Board of Zoning Appeals, pursuant to the LDC. B. Indoor Accessory Uses, Structures and Amenities: J. The following uses shall comprise a minimum of 10.75% of the total floor area of the project (approximately 72,257 square feet): Maintenance Building; Lobby; Administrative Offices; Housekeeping; Public Restrooms; Coat Room; Main Dining Room; Cocktail Lounge; Private Dining; Central Kitchen; Bank; Postal Outlet; Library; Game/Card Rooms; Business Center; Billiards Room; Arts Studio; Beauty/Barber Shop; Resident Social Director's Office; Receiving Room; Nurse Practitioner's Office; Woodworking Studio; Convenience Store; Coffee Shop; Ice Cream Parlor; Auditorium; Exercise Studio; Physical Therapy; Physician Office; Locker Room and Showers; Swimming Pool (enclosed); Aerobics/Group Fitness Room; Resource Center/Classroom; MassagelSpa Therapy; Beauty Salon (AL& SNF);oExercise Physiologist Office; Resident Services Director's Office; Resident Services Staff's Office. Aulutl 19,2009 ~~ Agenda Item No. 8A September 15, 2009 Page 95 of 1 09 C. Outdoor Accessory Uses, Structures and Amenities: 1. Parking facilities; covered loading dock; guard house; outdoor recreational facilities such as swimming pool and deck and similar facility; walking trails; signs and water management facilities; hardscape, seating, trellis and decks; lawn games - croquet, badminton and lawn bowling; deck and trellis; putting greens; courtyard, garden and landscaping; swimming pool and deck. D. Miscellaneous Accessory Uses, Structures and Amenities: 1. Any other accessory and related use that is determined to be comparable in nature with the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the LDC. ......... 19.2009 ~~ Agenda Item No. 8A September 15, 2009 Page 96 of 1 09 EXHIBIT B DEVELOPMENfSTANDARDS Siena Lakes CCRC CPUD Table I below sets forth the development standards for land uses within the Siena Lakes CCRe CPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date ofapprovaJ of the SOP or subdivision plat. I. DEVELOPMENT STANDARDS FOR MIXED USE DISTRICT PRINCIPAL STRUCTIJRES ACCESSORY USES MINIMUM LOT AREA N/A N/A MIMINUM FLOOR AREA: ALU* 609 sq. ft. N/A SNF 305 sq. ft. N/A ILU 830 sq. it N/A MINIMUM SETBACKS 3-. 4- and S-story structures From south property line 100 feet 25 feet From west property line 60 feet 40 feet From east property line 90 feet 25 feet From north property line 80 feet 25 feet AU other structures 25 feet 25 feet INTERNAL DRIVE 10 feet o feet SETBACKS (from ed2c of pavement) LAKE SETBACKS 20 feet (except where adjacent to 20 feet boardwalk) MIMINUM DISTANCE 35 feet N/A BETWEEN STRUCTURES MAXIMUM HEIGlIT ALU (2 stories)* 42 feet ZH and 45 feet AH SNF (2 stories) 42 feet ZH and 45 feet AH 30 feet ZH fLU (3 story) 41.5 feet ZH and 48 feet AH 35 feet AH fLU (4 story) 60 feet 2H and 69 feet AH ILU (5 story. ine!. parking) 60 feet ZH and 69 feet AH Commons (2 story) 42 feet ZH and 45 feet AH .ALU-Assisted Living Units (which includes Memory Care Units) SNF-Skilled Nursing Facility ILU-Independent Living Units ZH - ZONED HEIGHT AH - ACTUAL HEIGHT II. LANDSCAPING STANDARDS 1. To provide an enhanced buffer, trees shall be installed at less than 25 feet on center (OC) to allow for clustering to provide a more effective buffer. 2. The quantity of1rees proposed shall be an additional 20% over what is required. June 23, 2009 ~ \.t' Agenda Item No. 8A September 15, 2009 Page 97 of 109 3. Tree heights shall exceed the required IO-foot overall height (OAH) minimum. Canopy trees shall be at 16-18 feet OAH and Slash Pines 14-1 g feet OAH. Cabbage Palms shall exceed the required IO-foot clear trunk (CT) minimum by specifying 15-20 feet CT with an additional 10 feet of crown. 4. P1antings shall occur on both sides of the required buffer walls with the additional plantings being installed on the residential side of the walls. Ultimately, this will create a staggered "green waltt'to effectively screen the buildings. The type D buffer along the western property line shall meet LDC requirements. The following standards have been added to each buffer along the north, east and south property lines (see also Exhibits C-2 and C-3 for further details): NORTH PROPERTY LINE IS-foot wide Type B buffer with trees spaced no greater than 25 feet OC and a single row hedge of 10 gallon material, at a minimum of 5 feet in height (RT) with a 3-foot spread, placed a maximum of 4 feet OC. :!:1672linear feet (LF) = 67 Trees, 418 Shrubs required 81 Trees, ~418 Shrubs provided, using lesser spacing EAST PROPERTY LINE 15-foot wide Type B Buffer with trees spaced no greater than 25'OC and a single row hedge of 10 gallon material. at a minimum of 5 feet HT with a 3' spread, placed a maximum of 4' oe. ::t728 LF = 30 Trees, 187 Shrubs required 36 Trees, ~187 Shrubs provided, using lesser spacing SOUTH PROPERTY LINE (Enhanced Type B buffer to be installed vs. the required Type D buffer. for improved screening) 15-foot wide Type B buffer with trees spaced no greater than 25 feet OC and a single row hedge of 10 gallon material, at a minimum of 5 feet HT with a 3-foot spread, placed a maximum of 4 feet OC. ::t1677 LF = 67 Trees, 420 Shrubs required 81 Trees, ~420 Shrubs provided, using lesser spacing WEST PROPERTY LINE IS-foot wide Type B Buffer with trees spaced no greater than 2S'OC and a single row hedge of 10 gallon material, at a minimum of S feet HT with a 3' spread, placed a maximum of 4' OC. ::t 721 LF = 30 Trees, 187 Shrubs required 36 Trees, :::187 Shrubs provided, using lesser spacing July 22, 2009 ~ <( OHi) c:oOO .0"- ON_ Z .0 ..J.Q.,..... r ~ . 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ON_ Z - 0 J :L ".l.Cl.('J r ., ~ ClJ III co E CIl Hi I UClJCO C:~Cl.. ~ ClJoo CIlClJ <U) 0- S ~ f/I B @ lit.\) CIl ju III Q) ci c: ~ ~:;s II) @) f!li~ >- J .'11) . "2 0 In ClI \n ~ ~ S :::J III 0- CI.I fi i ~ 1;; j ~ .!3 ... .e ~ ~ .~ .c 0. @ 1! e (.!) ~ t'l'l :I I ~ fi .!! ~ ~ .- F aD i I u.J '5 @ ~ Agenda Item No. 8A September 15, 2009 Page 103 of 109 Exhibit D SIENA LAKES LEGAL DESCRIPTION: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE EAST HALF OF TIlE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA~ LESS THE SOUTHERLY 30 FEET. )~ Agenda Item No. SA September 15, 2009 Page 104 of 109 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM THE LDC Siena Lakes CCRe CPUD 1. A deviation from LDC Section 5.03.02.E. 2. and 3, which requires that a wall and/or fence be a minimum of six (6) feet in height and a maximum of eight (8) feet in height and that it be located a minimum of six (6) feet from a residentially zoned district. This deviation is to allow a currently existing six foot wall located on the Lakeside of Naples at Citrus Gardens PUD (north of the subject property) satisfy the requirement and not require the construction of an additional wall). (See proposed CPUD Master Plan.) (Deviation No.1.) 2. A deviation from LDC Section 6.06.02.A.2, to require a six-foot sidewalk on only one side of the proposed internal access drives and entrance to the project as shown on the CPUD Master Plan. (Deviation No.2.) 3. A deviation from LDC Section 4.06.05.N.1.a, Configuration of water management areas, which requires the shape of a manmade body of water, including retention and detention areas, to be designed to appear natural with curvilinear edges. See "Body of Water Shapes" Figure Y in subsection (06.02 D. to allow an alternative design where the lakes are internally related to the proposed building envelopes as shown on the Master Plan. (Deviation No.3.) 4. A deviation from LDC Section 6.06.01.0, which requires a width of 60 feet for a private roadway, to allow a private roadway width of~~ feet within an access easement along the western edge of the property. This easement will provide two lanes for access to the Lakeside of Naples at Citrus Gardens PUD. (Deviation No.4.) 5. A deviation from LDC Section 6.06.02.A.I, which requires sidewalks on both sides ofa local street that is adjacent to the site, to allow the ;w. lQ-foot wide, two lane access drive located on the western edge of the property to have ao side',valks a six foot wide combination bike path and sidewalk on the e~t side of the access road. (Deviation No.5.) 6. A deviation from LDC Section 4.06.02. CA, which requires that a Type 0 landscape buffer of 20 feet in width be provided adjacent to any road right.of-way, to allow the required buffer to be reduced to 15 feet along the ~ JQ-foot wide roadway access easement located along the western property line. (Deviation No.6.) August 7, 2009 ~ Agenda Item No. SA September is, 2009 Page 10S of 109 EXHIBIT F DEVELOPMENT COMMITMENTS Siena Lakes CCRC CPUD I. TRANSPORTATION REQUIREMENTS 1. Withifl 30 tkys of the iSSUafl0e At the time of the application of the fIrst building permit, the developer shall provide a non-exclusive public access easement, iM- 30 feet in width, along the west property line and shall construct a two lane access road (as outlined in no. 6 below). There shall be no maintenance responsibility and no cost to the County. 2. Compensating right of way will be conveyed to Collier County, at no cost, in the form of an easement as shovm on the CPUD Master Plan. 3. The 40' right of way reserved to construct the additional lanes along Siena Lakes Orange Blossom Drive frontage will be conveyed to the County in exchange for a negotiated value of not to exceed $150,000; which excludes the value of compensating right of way within the reservation that is required for the necessary turn lane. Conveyance of the reserved right of way shall occur within 30 days of issuance of the first building permit. Any additional right of way outside of the 40' required to construct turn lanes along Orange Blossom Drive frontage will be conveyed to the County in fee simple and at no cost to the COlUlty. 4. The developer agrees to provide, at no cost to Collier County, any necessary temporary construction easements needed to perfonn the following work along Orange Blossom Drive, including but not limited to: driveway restoration, utility connections, slope and backfill, and drainage. 5. Payment of Road Impact Fees: a. Road impact fees will be paid once the SDP for phase one is approved according to LDC provisions. A COA for phase one would be issued at this time. b. Payment of road impact fees for phase one and phase two upon palling the application of first building permit These payments would total approximately $1,400,000. Phase one by itself is approximately $1,000,000. Accordingly, the developer is pipelining their road impact fees in advance of the County code requirements. Upon payment of the road impact fees, the project August 7. 2009 $ Agenda Item No. 8A September 15. 2009 Page 106 of 109 will be vested, and all impact fees will be considered fully paid and a COA for phase two wilJ be issued. c. Prior to approval of the first building permit, the developer agrees to pay its fair share of the Airport Road/Orange Blossom Drive improvements) not to exceed 5.31% of the total cost of the intersection improvements as detennined by the County's estimated project costs. 6. The developer agrees to obtain a temporary construction/fill easement from the Greek Orthodox Church, prior to the CO at tbe time of application of the first building .um.t. If the easements are not obtained from the Greek Orthodox Church, the developer shall employ alternative design and construction techniques that allow for the 30' access drive and sidewaJk to be constructed without encroaching onto church property. The developer will dedicate and construct an ingress and egress drive to the Lakeside development to provide access to and from Orange Blossom Drive. The developer shall not be responsible to construct or maintain gates that would control access to the Lakeside pun. The ingress and egress drive will be 24 feet wide alonlJ with a six foot wide sidewalk on the east side of !be roadway _ in accordance with Exhibit E deviations and commitment 1 above., and for wbieh. sidewalks are Rot requiF6d. The d&veleper, aBE! the adjaeent property (V.,\tfler to the West, shall oot be l'f'e6laded &em. eOBfleeUoB to the ingress aad egress drh.te, provided that a preJ'ortienate share for mai.e.teaanee is ooatrihuteG hy any party 8eceooiag the easement. Prior to application for the first Certificate of Occupancy, the developer agrees to construct (er provide a boa<< Gtweriag the east af ooas'tNetiOB) the 24' wide roadway and 6' wide sidewalk.. wlum iAe lltIGeSBW')' easetneflt is obtained. If prG'lided., the 9aft6 re~remElllt shall Bot eKpire less than :five years ffem. the date ef iBsuanee of the fimt 0ertifiea:te of oee1:lpaney. The bORa shall he sOOjeet to asy third party meift.tenaftee BgftleBleftt(s) related to this ea:s~. The developer shall be responsible for the maintenance of the roadway. 7. Upon the developer fulfilling the obligations above, the developer may apply for COs as appropriate. The developer is responsible for self managing all payments and conveyance at the times outlined in this exhibit. From the time of the first SDP the developer shall provide updates on the status of the building permits every 6 months. If any of the conditions have not been met no COs will be issued until conditions have been met to the satisfaction of the County. 8. All items as listed in this exhibit shall be clearly identified in the SDP for phase one. August 7. 2009 ~ Agenda Item No. 8A September 15, 2009 Page 107 of 109 9. The CeRe sball be required to provide pedestrian and vehicular coIll1ections to the 30-foot wide access road alom:! the western property line. II. CONTINUING CARE DEVELOPMENT COMMITMENTS The developer of the independent living units and retirement community, its successors or assigns, shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 62 years of age and older. 2. There shall be on-site dining for the residents. 3. The uses on-site shall be for the exclusive use of residents and their guests on a continual basis. 4. Daily morning, afternoon and evening group transportation services, by a 20-24 seat community passenger bus or a private car shall be provided for residents for the purposes of grocery and other local shopping, church and medical office visits shall be provided on a daily basis. 5. There shall be an on-site manager or activities coordinator to assist residents with their individual needs. This manager/coordinator sball also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertaimnent for the residents at the on- site clubhouse on a daily basis. 6. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents on a daily basis. The facility shall be in operation at the time of issuance of the first Certificate of Occupancy for the first habitable structure. 7. Each unit shall be equipped with pull cords designed to notify emergency service providers in the event of a medical or other emergency. 8. Each unit shall be designed to accommodate residents with physical impainnents (handicaps) as required by the applicable building codes and federal law and regulation. III. LANDSCAPING AND SITE DESIGN 1. Buffer areas and walls shall be constructed in accordance with Exhibit C-3, landscape buffer elevations. August 7, 2009 , Agenda Item No. 8A September 15, 2009 Page 108 of 109 IV. ENVIRONMENTAL 1. The minimum native vegetation retention is 20 native trees. A maximum of five cabbage palms can be used towards the requirement; the remaining shall be native canopy trees. The native trees may be relocated into the proposed buffer areas. V. PUD CLOSE OUT DBTBRMlN.\TION .J..;. A PUD build outleloae out GetemlinatioR shall he filed fer the Oak Grave PUn by the &&yeloper prior to the iSSlJaftee of Cefti1ieates of Oe0\:J)3aney for 8ieM Lakes for Janas that were remo'~d {PeRl the Oak Grow PUD and meerporated iate the Sieoo Lak-es CPUP. V. ARCHlTECUTRAL REVIEW The GPUD is subject to the architectural and site desi~ standards of LDe Section 5.50.00. VI. UTILIT~ .L Any cost of relocation. changes or modifications to the existing: utjIitiCfli required or incurred during the road ill\Provem~nts within the Oran&~ Blossom Driv~ ROW are the sole responsibili~ of the developer. 2. All water and wastewater utilities constrocted or extended within the public ROW ~ha11 be conveyed to. 9wned by. and plSintained by the C91Jier County Water Sewer District and shall be required to be BRRropriately sized to service parcels that installation will ~ect. August 7.2009 , Agenda Item No. 8A ,September 15, 2009 Page 1 09 of 1 09 Baily WJ.mJ.6 -: 2F Sunday, August 30, 2009 ~ " NOTICE OF INTENT TO CONSIDER ORDINANCE ,~ Notice is hereby given that on TUESDAY, September ) 15, 2009, in the Boardroom, 3rd Floor, Adminlstra- . tion Building, Collier County Governl11ent. centelj . 3301 East Tamiaml Trail, Naflles. Florida/the Boaro of County commissioners will consider the enact- ment of Ii County Ordinance. . The meeting will comment. at 9:00 A.M. The title of the proposed Ordlnaneelll as follows: AN ORDINANCE OF THE BOARD OF COUNTY COM-' ; MISSIONERS OF COlliER COUNTY. - FLORIDA,-- .. AMENDING ORDINANCE NUMBER 04-41, AS AMEND- ; ED, THE COLLIER COUNTY LAND DEVELOPMENT _J CODE. WHICH INCLUDES THE COMPREHENSIVE ZON- !' ING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY. flORIDA. BY AMENDING THE . APPROPRIATE ZONING ATLAS MAP OR MAPS BY . CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE OR- ANGE BLOSSOM GARDENS PLANNED UNIT DEVELOP. MENT (PUD). OAK GROVE PLANNED UNIT DEVELOP- MENT (PUD) AND AGRICULTURAL (A) ZONING.DIS- TRICTS TO A COMMERCIAL PLANNED UNIT DEVEL- OPMENT (CPUD) ZONING DISTRICT TO ALLOW A _ CONTINUING CARE RETIREMENT COMMUNITVFOR A PROJECT KNOWN AS THE SIENA LAKES CCRC'. CPUD, ~ LOCATED IN SECTION 1. TOWNSHIP 49 SOUTH, RANGE 25 EAST, -IN COLLIER COUNTY. FLORIDA, CON. . SISTING OF 29.25 +/- ACRES: AND BY PROVIDING AN EFFECTIVE DATE. . .' .. Petition: PUDZ-200B-AR-14091, lCS-Westminster Naples LLC. represented by Robert Duane. AICP of " Hole Montes and Richard D.. Vovariovich. Esq.,. of Goodlette, Coleman, Johnson Yovanovich & Koes- ter, is requesting a Rezone front the Orange 610s- som Gardens Planned \Jnlt Development (PUD), the Oak Grove PUD, and the Agricultural (A) zoning dls., tricts to the Commercial Planned Unit Development (CPUD) for a 764.524 square-foot continuing care re, tirement. community (CCRC) to be known as the Siena Lakes CCRe. CPUD. The al?proximately 29.25. acre subject property Is located In Section 11 Town- ship 49 S. Range 25 E. Collier County, Florlaa. (Co- . mpanion item to PUDA-2008.AR-14090 and PUDA- . 2008-AR-14092) " Copies of the proposed Ordinance are on file with :! the Clerk to the Board and are available for Inspec- tion. 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 ad. dressed. Individual speakers. will be limited. to 5 minutes on any Item. The selection of an individual to speak Qn behalf of an organization or group is encouraged. If recognized. by the Chairman. a spokesperson for a group or. organization maybe allotted 10 minutes to speak on an Itfi!m. Persons wishing to have written or graphic materi- als 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 pnor to the public hear- .' ing. 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 per- taining thereto and therefore. may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any . accommodation in order to participate in this pro- . __ ceeding, you are entitled, at no cost to you, - to the :: - provision of certain assistance. Please contact the :.- Collier County. Facilities Management .Dep.artment. : located at 3301 Tamlaml Trail East, BUlld!n$! W. - Naples. Florida 34112, (239)252-8380. Assisted listen- .. Ing devices for the hearing impaired are available ~,' in the County commissioner;;' Office. . . ::BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA .;. DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK _.' By: Martha Vergara, Deputy Clerk (SEAL) -Auaust 30 '009 - NolR13023