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Agenda 09/15/2009 Item # 8C -- - Agenda Item No. 8e September 15, 2009 Page 1 of 76 EXECUTIVE SUMMARY PUDA-2008-AR-14092, LCS-Westminster Naples LLC, represented by Robert Duane, AICP, of Hole Montes, Inc. and Richard D. Yovanovich, Esq., of, Coleman, Y ovanovich and Koester, is requesting an amendment to the Orange Blossom Gardens PUD (Ordinance No. 92-75) to delete approximately 5.85 acres. The subject property is located in Section I, Township 49 South, Range 25 East, Collier County, Florida (Companion item to PUDZ-2008-AR-14091 and PUDA-2008-AR-14090). OBJECTIVE: To have the Board of County Commissioners (BCC) consider an amendment to sunsetted Ordinance No. 92-75, the Orange Blossom Gardens Planned Unit Development (PUD), to remove 5.85 acres from the PUD so that the acreage might be added to the proposed Siena Lakes Commercial Planned Unit Development (CPUD) to the east (companion item PUDZ-2008-AR-14091) for an assisted living facility; and to ensure that the project is in harmony with the applicable County codes and regulations in order to maintain the community's interests. CONSIDERA TIONS: On October 19, 1992, the Board of County Commissioners (BCC) approved Ordinance No. 92-75 for the Orange Blossom Gardens PUD, which established a maximum 40 unit multi- family residential development at a density of 3.42 units per acre, which has remained unbuilt. The applicant is proposing to amend this sunsetted PUD to remove the easternmost 5.85 acres and the associated 20 dwelling units approved for it, so that the acreage might be aggregated with the property adjoining it to the east, which is proposed to be rezoned to the CPUD zoning district for the Siena Lakes assisted living facility. The proposed changes to Ordinance No. 92-75 are shown in strike-through and underline format in proposed ordinance attached to this report. No other changes to the approved ordinance or to the PUD Master Plan are being requested. It should be noted that St. Katherine's Greek Orthodox Church, the owner of the remaining 5.85 acres of the subject PUD (to the west of the subject parcel) has undetermined plans for the use of their property. Although the PUD has sunsetted and, therefore, would require a PUD Amendment (PUDA) or a new PUD Rezone to re-activate it, the proposed PUD document for the subject petition has been revised to adequately address the broader issues directly related to it, such as the legal description, ownership information and permitted density, which would remain at 3.42 dwelling units per acre (or 20 units instead of the previously approved 40 units). If any future development is proposed within this PUD, a provision has also been included in Section 2.6 of the proposed document requiring the owners to amend the PUD when they are ready to develop the property and, at that time, to address specific information relative to building envelopes, design standards and the location of access points. PUDA 2008-AR-14092, Orange Blossom Gardens August 19, 2009 Agenda Item No. Be September 15, 2009 Page 2 of 76 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 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 pennit review fees and utility fees associated with connecting to the County's 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 (FLUE): 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 Growth Management Plan. This district is intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as Planned Unit Developments. 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. Within this designation, and in accordance with the Density Rating System of the Future Land Use Element (FLUE), a base density of four units per acre is allowed. As previously noted, the Orange Blossom Gardens PUD was approved on October 19, 1992 by Ordinance No. 92-75. This approval was the result of a rezone that was initiated by the County in accordance with the Zoning Re-evaluation Ordinance. The maximum gross density of 3.42 units per acre (or 40 units) was approved at that time of the PUD's approval even though such density was not consistent with the three units per acre limitation of the Density Rating System for properties within the Traffic Congestion Area (a one dwelling unit per acre density reduction from the allowed four units per acre of the Urban designated area is normally required). However, because the increased density was deemed necessary to allow a development compatible with the surrounding properties, the 3.42 units per acre density was approved. Approved (existing) PUD density: 40 DU -;- 11.68 acres = 3.42 units/acre PUDA 2008-AR-14092, Orange Blossom Gardens 2 August 19, 2009 Agenda Item No. 8e September 15, 2009 Page 3 of 76 Proposed PUD amendment density: 20 DU + 5.85 acres = 3.42 units/acre Future Land Use Element (FLUE) Policy 5.4 states: "New developments shall be compatible with, and complementary to, the surrounding land uses as set forth in the Land Development Code." Zoning and Land Development Review staff has conducted a complete compatibility analysis as part of their review of the petition in its entirety. Based upon the above analysis, Comprehensive Planning staff finds the proposed amendment consistent with the FLUE ofthe GMP. Transportation Element: Transportation Planning staff has reviewed this project and has noted that the removal of 20 dwelling units from the PUD would, obviously, not pose a net increase in the site-generated traffic on the roadway network. Therefore, this petition may be deemed consistent with the applicable policies of the Transportation Element. Based upon the above analysis, Comprehensive Planning staff finds the proposed PUD amendment consistent with the FLUE. AFFORDABLE HOUSING IMPACT: Affordable housing is not affected by this application, which only proposes to remove 5.85 acres from the PUD's boundaries. ENVIRONMENTAL ISSUES: According to aerial photography, the property was cleared in 1973; no native vegetation has grown back since that time. Environmental Services staff has detennined that there are no environmental issues associated with this application as all environmental concerns were addressed at the time of the original rezone. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This petition was not heard by the EAC as no Environmental Impact Statement was required for the proposed amendment. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition at their August 6, 2009 meeting, and voted unanimously (8- 0) to forward this petition to the BCC with a recommendation of approval. LEGAL CONSIDERATIONS: This is an amendment to the existing Orange Blossom Gardens Planned Unit Development, to remove 5.85 acres from the PUD so that the acreage might be added to the proposed CPUD to the east. This proposed amendment is quasi-judicial in nature. As such the burden falls upon the applicant for the amendment to prove that the proposal is consistent with all PUDA 2008-AR-14092, Orange Blossom Gardens 3 August 19, 2009 Agenda Item No. 8e September 15, 2009 Page 4 of 76 of the criteria set forth below. The burden then shifts to the BCC, should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for PUD 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 PUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Confonnity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on detennination 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? ,- PUDA 2008-AR-14092, Orange Blossom Gardens 4 August 19, 2009 Agenda Item No. Be September 15, 2009 Page 5 of 76 to. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions In the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or othen.vise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. .,- PUDA 2008-AR-14092, Orange Blossom Gardens 5 August 19, 2009 Agenda Item No. Be September 15, 2009 Page 6 of 76 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.l 06, article II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the Board of County Commissioners hearing as these materials relate to these criteria. Furthermore, this matter is quasi-judicial, requiring ex parte disclosure and a supermajority vote. -STW RECOMMENDA TION: Staff recommends that the Board of County Commissioners (BCC) approve PUDA-2008- AR-14092. PREPARED BY: John-David Moss, AICP, Principal Planner Department of Zoning & Land Development Review ,- PUDA 2008-AR-14092, Orange Blossom Gardens 6 August 19, 2009 Item Number: Item Summary: Meeting Date: r agl;; I VI "- Agenda Item No. Be September 15, 2009 Page 7 of 76 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS BC This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-2008-AR-14092 (JDM) LCS Development LLC, represented by Robert Duane, AICP, of Hole Montes, Inc. and Richard D. Yovanovich, Esq., of Goodlette, Coleman, Johnson, Yovanovich and Koester, is requesting an amendment to the Orange Blossom Gardens PUD (Ordinance No. 92-75) to delete approximately 5.85 acres. The subject property is located in Section 1, Township 49 South, Range 25 East, Collier County, Florida (Companion item to PUDZ-2008-AR-14091 and PUDA-2008-AR-14090) CTS 9/15/2009 9:00:00 AM Prepared By John-David Moss Community Development & Environmental Services Senior Planner Date Zoning & Land Development S/19/2009 4:23:04 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date S/24/200911:41 AM Approved By Ray Bellows Community Development & Environmental Services Chief Planner Date Zoning & Land Development Review S/24f2009 2:05 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. Sf2Sf2009 12:04 PM Approved By Heidi F. Ashton County Attorney Assistant County Attorney Date County Attorney Office 9/2/2009 11 :22 AM Approved By Jeff Klatzkow County Attorney County Attorney Date County Attorney Office 9f2/2009 4:10 PM Approved By OMB Coordinator County Manager's Office OMB Coordinator Date Office of Management & Budget 9/3f2009 S:16 AM Approved By .-1 ",-.... \ . Mark Isackson County Manager's Office Budget Analyst Date ~ ae~ ,:.. UL ,:.. Agenda Item No. 8e September 15, 2009 Page 8 of 76 Approved By Leo E. Ochs, Jr. Board of County Commissioners Office of Management & Budget 9/3/2009 9:07 AM 1:""1_ 11'-'.\.4. 1 '" Deputy County Manager Date County Manager's Office 9/3/20097:23 PM A~~~~_~O~~ Page 9 of 76 Co~T County -~~ ~ STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES HEARING DATE: AUGUST 6, 2009 SUBJECT: PETITION NO: PUDA-2008-AR-14092, ORANGE BLOSSOM GARDENS PLANNED UNIT DEVELOPMENT (PUD) (COMPANION ITEMS: PUDZ-2008-AR-14091, SIENA LAKES COMMERCIAL FACILITY PLANNED UNIT DEVELOPMENT (CPUD) AND PUDA- 2008-AR-14090, OAK GROVE PUD) PROPERTY OWNER/AGENT: OWNERS: APPLICANTS: St. Katherine's Greek Orthodox Church, Inc LCS-Westminster Naples, LLC 7100 Airport Road 400 Locust Street, Suite 820 Naples, FL 34109 Des Moines, IA 50309 Old Barn, Inc. The Eunhee Bates Living Trust 1613 Chinaberry way Naples, FL 34105 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 applicants are requesting that the Collier County Planning Commission (CCPC) consider an application to amend sunsetted Ordinance No. 92-75, the Orange Blossom Gardens Planned Unit Development (PUD), to remove 5.85 acres from the PUD so that the acreage might be added to the proposed Siena Lakes Community Facility Planned Unit Development (CPUD) to the east (companion item PUDZ-2008-AR-14091) for an assisted living facility. It should be noted that St Orange Blossom Gardens PUDA-2008-AR-14092 July 27,2009 o 0)(0 coal'- .0",- ON 0 Z '0 U1.,- E"- Q),-(1) ~(1)m -.0 ell COED.. "OQ) c~ Q)Q. mQ) <((J) .... Q ~5g ~ mg;~ oj ~5~ . i . ~ <I: "f ~ GO Q~ ~~ "'.... ];liS Q ~ ~ ;:) '" ~ a. "I!i "'0 ~~ ~ J1Y;)S. 0110t1 I ~ - ~~ll ~ ~ ~ ~ ~ 3~~ ~z "" is'''''' !! f - iia ~ Ww ~ 1l5~ ~ ~ i9!;: ,,_ li ~ ~ igCl () ~ OWAlmOll ~" -(;WnJ VW'B'ttVa Y,1HW ~ ~ ~f ~ 0... ~J:l i~" ~3g C:~~ w~ ~~ la <( ~~ i ~~ ~ z ~I 0 - I- avo~ NO,l.$'9HtN1 <( () ~~ 0 iP' -.J m ~h o~i ~ hi :'!tfi I .g ~ ~ 5~1l :l: !l! !! :l . ~~.... N ~ 2 ::::~ ~ i OtfVll3"1nOB NVOOl ~~ ~ e ~ I ~ ils 3 ~ ::~ ~ ~i ~\:! ~&i ~ rl. 1'1 ~~ ~ ~ !l!~ a ~ ffi . " ~ I ~~ ~~! t;: ~ i~ Q~A'3'V'\OG~ :; ~ OvOlf J~ lv.N oot l? N N 0... <( ~ (!) Z Z o N N 0> o ;! I e::: ~ I <0 o o N , ~ ::> c.. ~ z o l- I- III a.. LAKESIDE OF NAPLES AT CITRUS GARDENS (PUD) .--- --~. ====== ~ ==-o:::;;cz ===- c=::=:= ~ ~ ~ ~ CITRUS LAKE DRfVE __ __ ~ = ==== ~ -=====- ~ 0> o o N o N >. o ::Ii ..... ;:c .e Q. ::Ii C ::;) Q. -----"'- ~ --" \ ! \ ..; \ \ --.. ..J '----.--- .. '" " 'E 8 E o '" '" o CD .. 0> '" ~ -;3- (I) Z l.l.I o Q: C3 ::IE o (I) rn 9 !II l.l.I CI ~ Q: ;3- CI z 5 ~ /!! CD ~ ~ 9- ~ r::: o o '" (" o o ;;J- LONGVlEW (PUD) LONGVlEW (PUD) o 120 ~~ SCALE IN FEET ,-...x 950 Encore Way No}!'.. FL. 34110 Phon~ (239) 254-2000 norlda Cert1flcat. of Authorization No.1712 CHECKED BY : R.LO. DRAWN BY : JON DAlE : 1108 PROJECT No. 2007.115 CAD Rlt NAME: _ lotstamp EXHIBIT - nEW lorl Orange Brossom Gardens PUD Master Plan Exhibit "A" Agenda Item ~~o. 8e September 15, 2009 Page 12 of 76 Katherine's Greek Orthodox Church has authorized the removal of the 5.85 acres from the PUD but is not a participant in this PUDA. GEOGRAPHIC LOCATION: The subject PUD, consisting of 11.7 acres, is located on the north side of Orange Blossom Drive and approximately 600 feet east of Airport-Pulling Road (CR-31), in Section 1, Township 49 South, Range 25 East, Collier County, Florida (see location map on following page). PURPOSEIDESCRIPTION OF PROJECT: On October 19,1992, the Board of County Commissioners (BCC) approved Ordinance No. 92-75 for the Orange Blossom Gardens PUD, which established a maximum 40 unit multi-family residential development at a density of 3.42 units per acre, which has remained unbuilt. The applicant is proposing to amend this sunsetted PUD to remove the easterrunost 5.85 acres (see aerial photograph below) and the associated 20 dwelling units approved for it, so that the acreage might be aggregated with the property adjoining it to the east, which is proposed to be rezoned to the CPUD zoning district for the Siena Lakes assisted living facility. The proposed changes to Ordinance No. 92-75 are shown in strike-through and underline format in proposed ordinance attached to this report. No other changes to the approved ordinance or to the PUD Master Plan are being requested. It should be noted that St. Katherine's Greek Orthodox Church, AERIAL VIE'V OF THE ACREAGE TO BE REMOVED Orange Blossom Gardens PUDA-2008-AR-I4092 July 27,2009 2 Agenda Item No. 8e September 15, 2009 Page 13 of 76 the owner of the remaining 5.85 acres of the subject PUD (to the west of the subject parcel) has undetermined plans for the use of their property. Although the PUD has sunsetted and, therefore, would require a PUD Amendment (PUDA) or a new PUD Rezone to re-activate it, the proposed PUD document for the subject petition has been revised to adequately address the broader issues directly related to it, such as the legal description, ownership information and permitted density, which would remain at 3,42 dwelling units per acre (or 20 units instead of the previously approved 40 units). However, per the County Attorney's Office, a provision has been included in Section 2.6 of the proposed document requiring the owners to amend the PUD when they are ready to develop the property and, at that time, to address specific information relative to building envelopes, design standards and the location of access points. SURROUNDING LAND USE AND ZONING: North: Multi-family residences of the Lakeside community, zoned Citrus Gardens PUD East: Vacant land, zoned Rural Agricultural South: Orange Blossom Drive, then single-family homes and duplexes of the Walden Oaks community, zoned Lone Oak PUD West: 81. Katherine Greek Orthodox Church and vacant commercial land, zoned Rural Agricultural and Longview Center PUD, respectively. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): 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 Growth Management Plan. This district is intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as Planned Unit Developments. 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. Within this designation, and in accordance with the Density Rating System of the Future Land Use Element (FLUE), a base density of four units per acre is allowed. As previously noted, the Orange Blossom Gardens PUD was approved on October 19, 1992 by Ordinance No. 92-75. This approval was the result ofa rezone that was initiated by the County in accordance with the Zoning Re-evaluation Ordinance. The maximum gross density of 3.42 units per acre (or 40 units) was approved at that time of the PUD's approval even though such density was not consistent with the three units per acre limitation of the Density Rating System for properties within the Traffic Congestion Area (a one dwelling unit per acre density reduction from the allowed four units per acre of the Urban designated area is normally required). However, because the increased density was deemed necessary to allow a development compatible with the surrounding properties, the 3.42 units per acre density was approved. Approved (existing) PUD density: 40 DU + 11.68 acres = 3.42 units/acre Proposed PUD amendment density: 20 DU + 5.85 acres = 3.42 units/acre Future Land Use Element (FLUE) Policy 5.4 states: "New developments shall be compatible with, and complementary to, the surrounding land uses as set forth in the Land Development Code." It is Orange Blossom Gardens PUDA-2008-AR-l4092 July 27, 2009 3 Agenda Item No. 8e September 15, 2009 Page 14 of 76 the responsibility of the Zoning and Land Development Review staff as part of their review of the petition in its entirety to perform the compatibility analysis. Based upon the above analysis, Comprehensive Planning staff finds the proposed amendment consistent with the FLUE of the GMP. Transportation Element: Transportation Planning staff has reviewed this project and has noted that the removal of 20 dwelling units from the PUD would, obviously, not pose a net increase in the site-generated traffic on the roadway network. Therefore, this petition may be deemed consistent with the applicable policies of the Transportation Element. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.03.05.1, Nature of Requirements of Planning Commission Report (commonly referred to as "Zoning Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these san1e 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: Environmental Review: According to aerial photography, the property was cleared in 1973; no native vegetation has grown back since that time. Environmental Services staff has determined that there are no environmental issues associated with this application as all environmental concerns were addressed at the time of the original rezone. Transportation Review: Since the proposed petition would not result in additional site-generated trips, the Transportation Planning Staff recommends approval of the PUDA. Utilities Review: According to the current 2008 Water and Wastewater Master Plan Updates, the project location is within the Collier County Water and Sewer District Service Area. There is an existing 16-inch water main and 20-inch force main on Airport Pulling Road. At the time of site development plan approval (SDP), this project would be subject to the conditions associated with a Water and Sewer Availability Letter from the Collier County Public Utilities Division. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance Nos. 2004-31 and 2007-60, as amended, and other applicable County rules and regulations. Emergency Management Review: Since the proposed amendment reduces the number of approved dwelling units in the PUD, there would be no adverse impacts on the evacuation and sheltering requirements for the County. Zoning Review: The applicant proposes to remove 5.85 acres from the subject PUD so that the land may be rezoned to the CPUD zoning district for an independent and assisted living retirement community. In order to do that, the applicant must demonstrate that the proposed deletion of land Orange Blossom Gardens PUDA-2008-AR-I4092 July 27,2009 4 Agenda Item No. 8e September 15, 2009 Page 15 of 76 from the PUD would not result in the remammg land area's inability to meet its zoning requirements. Despite being less than the normally required ten acres for a PUD, the remaining 5.85 acres to the west of the subject property would still be able to be developed under the "infill" provision ofLDC 4.07.02.A.2. As previously noted, the owners of the property have undetermined plans for its uses ultimate configuration. Therefore, the proposed PUD document that would govern the property if the subject petition were approved has been structured to require the owners to amend the sunsetted PUD when they are ready to develop and, at that time, to provide more specific information relative to building envelopes, design standards and the location of access points. Nevertheless, the applicants have addressed the PUD's reduction in acreage and decreased the corresponding number of permitted dwelling units accordingly, from 40 units per acre to 20 units. They have also revised the PUD's legal boundaries and ownership information, as necessary. LDC Subsection 10.02.13.B.5 states that, "In support of its 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 5.85 acres to be removed from the Orange Blossom Gardens PUD presently allow for multi-family uses and, if the subject PUDA were approved, would be incorporated into a new CPUD to the east of the subject property that is proposed for the Siena Lakes retirement community. As noted in the "Surrounding Land Uses and Zoning" portion of this report, the residential uses of the PUD would be compatible with the adjacent uses. Access to the Orange Blossom Gardens PUD would not be affected by the subject proposal since, at the time of site development plan (SDP), it would be made available to Orange Blossom Drive. Mitigation for traffic impacts would also have to be addressed and the developer would have to pay the PUD's fair share of roadway improvements on the surrounding network, based upon site-generated trips. Sewer, water and other utility services are already in close proximity to the site. Therefore, the property is suitable to support the multifamily uses for which it was originally approved. 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. As determined by the County Attorney's Office, the subject property is under unified control. Although the owner's of the western 8.58 acres of the subject PUD, St. Katherine's Greek Orthodox Church, was asked but decided not to participate in this PUDA, the owner of the 8.58-acre subject parcel, Old Barn, Inc. has been found to be legally authorized to act without the church's consent based upon an agreement they entered with the churcfl. Orange Blossom Gardens PUDA-2008-AR-14092 July 27, 2009 5 Agenda Item No. 8C September 15, 2009 Page 16 of 76 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (I'his is to include identifYing what Sub-district, policy or other provision allows the requested uses/density, andfully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) As previously noted, the subject property is located in the Urban-designated area, Mixed- Use District, Urban Residential Subdistrict on the Future Land Use Map, which permits the group housing proposed for the site. The proposed rezoning can also be found consistent with Policy 5.4 of the FLUE, which requires that future development be compatible with the surrounding land uses, since the subject property is surrounded by complementary multi-family residential land uses. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The subject property, once removed from the Orange Blossom Gardens PUD and incorporated into the Siena Lakes CPUD to the east, would be compatible both internally and externally with the proposed development. As previously noted, the owners of the remaining 5.85 acres of the Orange Blossom Gardens PUD would be required to amend the subject PUD before they could develop it, at which time provisions for internal and external compatibility would be required. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The land area to be removed from the Orange Blossom Gardens PUD would not obviate the PUD from fulfilling its obligation to provide 60 percent of open space as required of residential developments pursuant to LDC subsection 4.02.01.D1.B. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements andfacilities, both public and private. The subject PUD, at the time it was amended, would be required to provide adequate public and private improvements. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The removal of the subject property from the Orange Blossom Gardens PUD to incorporate it into the Siena Lakes CPUD is for the purpose of accommodating expansion in a manner consistent with the FLUE. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Orange Blossom Gardens PUDA-2008-AR-140n July 27, 2009 6 Agenda Item No. Be September 15, 2009 Page 17 of 76 The request would not cause the Orange Blossom Gardens pun to become inconsistent with the regulations of its approving ordinance. 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. " (Stafrs responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. The proposed change would be consistent with the goals, objectives, and policies and Future Land Use Map and the applicable elements of the GMP. If approved, the severed acreage would be incorporated into a CPUD for a continuing care retirement community, which is an allowed use throughout the urban area. 2. The existing land use pattern. The existing land use pattern is conducive the proposed request, as multi-family uses abut the property to the south, east and north. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The remaining PUD boundaries would not create an isolated zoning district unrelated to adjacent or nearby properties due to its consistency with the FLUE of the GMP. If the subject PUDA were approved, the severed land would be included in a PUD with other residential uses. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposedfor change. The proposed zoning district boundaries are logically drawn. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The majority of the parcels of the Siena Lakes CrUD are zoned Rural Agricultural at the present time yet are surrounded by urban uses. This situation reflects the changed conditions in the area and clearly demonstrates that agricultural uses are no longer appropriate at this location. Therefore, removing the subject property from the Orange Blossom Gardens PUD and incorporating it into the proposed CPUD would be a suitable way to rectify this circumstance and would also result in a unified plan for one development rather than two or more unrelated developments. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change would not adversely influence living conditions in the neighborhood, based on the proposed Siena Lakes retirement community that the subject Orange Blossom Gardens PUDA-2008-AR-14092 July 27,2009 7 Agenda Item No. 8e September 15, 2009 Page 18 of 76 property will become a part of and the development standards accompanying it (contained in the CPUD documents of the companion Siena Lakes rezoning application). 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 cifJect public safety, As previously noted, the removal of 20 dwelling units from the Orange Blossom Gardens PUD would result in a net decrease in the site-generated traffic on the roadway network. The companion item to this rezoning request, the Siena Lakes CPUD, into which the subject property will be incorporated, would be required to make improvements to the intersection of Orange Blossom Drive and Airport Road in concert with other property owners, and Certificates of Occupancy would not be approved until these improvements are made. Therefore, the proposed change would not create or excessively increase traffic congestion incompatible with surrounding land uses. 8. Whether the proposed change will create a drainage problem. The Orange Blossom Gardens PUD drainage issues were addressed at the time of the original rezone. The proposed Siena Lakes CPUD would be required to comply with SFWMD permitting requirements and constructed in accordance with aU applicable regulations, so would not create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Light and air to adjacent areas would not be reduced by the proposed PUDA. 10. Whether the proposed change will adversely affect property values in the adjacent area. Staff is of the opinion that the proposed change would not adversely impact property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The PUDA would not be a deterrent to the development to the improvement or development of adjacent property. In fact, if approved, the PUDA would enable the development of the adjacent property with a retirement community. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change to the existing PUD would not result in a grant of special privilege. The public interest would be maintained as the proposed CPUD is consistent with the FLUE and GMP. Orange Blossom Gardens PUDA-2008-AR-14092 July 27, 2009 8 Agenda Item No. 8e September 15, 2009 Page 19 of 76 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. There is no reason that the property could not be used in accordance with its existing zoning. However, if approved, the severed acreage would be incorporated into the Siena Lakes CPUD whose boundaries are presently predominantly comprised of properties that could not be used in accordance with their existing Rural Agricultural zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposal would not be out of scale with the needs of the neighborhood. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. It would not be impossible to find other sites in the county in districts already permitting the proposed use on the subject property. However, the proposed change is only to reduce the size of the existing PUD. 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. The subject property has been previously altered and is suitable for development. 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 [Code ch. 106, art. II], as amended. The proposed development on the subject property would be accompanied by adequate public facilities, including transportation improvements to the intersection of Orange Blossom Drive and Airport Road so that it would operate at an acceptable level of service. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. All issues have been addressed. However, as stated in their application, the applicants would be willing to incorporate standards deemed appropriate by the BCC to protect the public health, safety and welfare. NEIGHBORHOOD INFORMATION MEETING (NIM): (Synopsis provided by Cheri Rollins, Administrative Secretary) The meeting was duly noticed by the applicant and held on May 12, 2009 at 6:00 p.m. at the Orange Blossom Gardens PUDA-2008-AR-14092 July 27,2009 9 Agenda Item No. 8e September 15, 2009 Page 20 of 76 Italian-American Club. Eighty three people from the public attended, as well as the applicant, Mr. Steve Nomes of Life Care Services, and his agents, Mr. Richard Yovanovich, Esq., of Goodlette, Coleman, Johnson, Yovanovich and Koester and Mr. Robert Duane, AICP, of Hole-Montes, Inc. County staff was also present. Mr. Yovanovich 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 Orange Blossom Gardens PUD Amendment. The meeting concluded at approximately 7:30 PM. As of the writing of this report, staff has received no letters of objection from the community regarding this petition. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office has reviewed this staff report, revised on July 23,2009. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition PUDA- 2008-AR-14092 to the Board of County Commissioners (BCC) with a recommendation of approval. Orange Blossom Gardens PUDA-2008-AR-14092 July 27, 2009 10 PREPARED BY: ~-M~ JOHN AVID MOSS, AICP, PRINCIPAL PLANNER DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: V. BELLOWS, ZONING MANAGER ENT OF ZONING AND LAND DEVELOPMENT REVIEW ~ Lrn.}S'~ /SUSAN M. ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: H K. SCHMITT, ADMINISTRATOR MUNITY DEVELOPMENT & IRONMENTAL SERVICES DIVISION Agenda Item No. 8e September 15, 2009 Page 21 of 76 ~/Jt/di DATEt 7. l,f. O~ DATE ,-2.3-0'1 DATE 7f$/49 riA TE Tentatively scheduled for the September 15, 2008 Board of County Commissioners Meeting. COLLIER COUNTY PLANNING COMMISSION: V\/li,e~L. MARK. f' STRAIN, CHAIRMAN Orange Blossom Gardens PUDA-2008-AR-14092 11 ~,- ~-O , DATE Agenda Item No. 8e September 15, 2009 Page 22 of 76 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: ~ AMENDMENT TO PUD (PUDA) D PUD REZONE (PUDZ) REZONE (PUDZ-A) D 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 CI1Y DES MOINES STATE IA ZIP 50309 TELEPHONE # (51 5) 875-451 8 CELL # FAX # E-MAIL ADDRESS:BLEEKER@LCSNET.COM NAME OF AGENT ROBERT L DUANE, AlCP-HOLE MONTES, INC. (& RICHARD D. YOVANOVlCH, ESQUIRE) Application For Public Hearing For PUD Rezone 01/18/07, rcv 2/12/08, rev 7/11/08 Agenda Item No. 8e ADDRESS 950 ENCORE WAY & 4001 TAMIAMI TRAIL NORTH, SUITE 30 CITY ~Ser 15, 2009 Page 23 of 76 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!:Jov.netllndex.aspx?paQe=774 NAME OF HOMEOWNER ASSOCIATION: LAKESIDE OF NAPLES RESIDENTS ASSOCIATION MAILING ADDRESS 2506 SAILORS WAY CITY NAPLES STATE FL ZIP 34109 NAME OF HOMEOWNER ASSOCIATION: LAKESIDE SOCIAL CLUB & LAKESIDE OF NAPLES RESI DENTS MAILING ADDRESS 710 SAILORS WAY & 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 PUD Rezone 01118/07, rev 2/]2/08, rev 7/]1108 Agenda Item No. Be NAME OF HOMEOWNER ASSOCIATION: BRIDGEWATER BAY PROPERTY OWNER'S;6pMASifrERi, 2009 ASSOC. Page 24 of 76 MAILING ADDRESS 3278 TWILIGHT 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 N/A 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 St. Katherine's Greek Orthodox Church, Inc. 100% Application For Public Hearing For PUD Rezone 01/18/07, rev 2: 12/08, rev 7!l 1/08 . , H . f"' -~ 'V. I'"' 7100 Airport Road, Naples, FL 34109 AND September 15, 20( 9 Paqe 25 of 6 Old Barn, Inc., (Mark Bates-President) 100% Eunhee Bates Living Trust (Eunhee Bates) 100% 1613 Chinaberry Way Naples, Florida 34105 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 N/A 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 N/A Application For Public Hearing For PUD Rezone 011l8/07, rev 2112/08, rev 7/11/08 Agenda Item No. Be e. If there is a CONTRACT FOR PURCHASE, with an individual oJEinttf\Qlidua,ls909 Page 26 or 76 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/l 0/08 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 ~ 4/13/04 leased D Term of lease yrs./mos. 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 011]8/07, rev 2/12!O8, rev 7/] 1108 Agenda Item No. Be Anticipated closing date 6 mos. after date of final Zolm1~ber 15, 2009 Page 27 of 76 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 by 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 3542 Page #: 4122,4120 Property 1.0. #: 00235480000 Metes & Bounds Description: Size of property: + /- 330 ft. X + /- 78 ft. = Total Sq. Ft. 254,826 Acres5.85 Address/eenerallocation of subiect property: North side of Orange Blossom Dr., east of Airport Road PUD District (LDC 2.03.06): C8J Residential D Community Facilities D Commercial 0 Industrial ADJACENT ZONING AND LAND USE Application For Public Hearing For PUD Rezone 01118/07, rev 2/12/08, rev 7/11108 Zoning Land use Agenda Item No. 8e September 15, 2009 Page 28 of 76 N PUD Residential/developed-Lakeside of Naples at Citrus Gardens SPUD Single family Residential/developed-Lone Oak EA W A-PU-CU-PUD Vacant Greek Church, commercial vacant- Longview Ctr. 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 01 / 49S / 25E Lot: Block: Subdivision: Plat Book 1577 Page #: 1055 Property I.D. #: 00235760005 (church) Metes & Bounds Description: 1 49 25 N1 /2 OF NWl /4 OF NWl /4 OF SWl /4, LESS 100FT R/W 5.16 AC OR 1577 PG 1055 REZONE REQUEST This application is requesting a rezone from the PUD zoning district(s) to the PUD zoning district(s). Present Use of the Property: VACANT Proposed Use (or range of uses) of the property: Future multi-family or other uses to be determined 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, staffs analysis and recommendation to the Planning Commission, and the Planning Commission's Application For Public Hearing For PUD Rezone 01/18/07, rev 2112/08. rev 7!! 1108 Agenda Item No. 8e recommendation to the Board of County Commissioners shall be based upon2eQtmtdercttldlll09 f h I. bl "" d b I P'd " d "b" J'aqe 29 of 76 o t e app Ica e criteria note e ow. rovl e a narrative statement escrl '"g tile rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10.02.13.8) 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 for Responses 1-8 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Application For Public Hearing For PUD Rezone 01118/07, rev 2/]2/08, rev 7/\ 1/08 Agenda Item No. 8e 7. The ability of the subject property and of surrounding areas to ~mm-otf:a@09 Page 30 of 76 expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subiect property: To your knowledge, has a public hearing been held on this property within the last year? 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 For Public Hearing For PUD Rezone 01118/07, rev 2112108, rev 7/11108 Agenda Item No, application will be considered "closed" when the petitioner w~J'1~fQ\Mf 1UM!l Page 31 of application through written notice or ceases to supply necessary information to continue processinq or otherwise actively pursue the rezoninq for a period of six (6) months. An application deemed "closed" will not receive further processing and 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.03.05.Q.) Application For Public Hearing For PUD Rezone DlII8/07, rev 2/12/08, rev 7/] lID8 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST Agenda Item No. 8e September 15. 2009 Page 32 of 76 APPLICANT INFORMATION NAME OF APPLlCANT(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:BLEEKER@LCSNET.COM ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 2507 ORANGE BLOSSOM DRIVE LEGAL DESCRIPTION Section/Township/Range 01 / 49S / 25E Lot: Block: Subdivision: Plat Book 3542 Page #: 4122,4120 Property I.D. #: 00235480000 Metes & Bounds Description: See attached legal TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM a. CITY UTILITY SYSTEM b. FRANCHISED UTILITY SYSTEM PROVIDE NAME c. PACKAGE TREATMENT PLANT (GPO capacity) d. SEPTIC SYSTEM C8J o o D lYPE OF WATER SERVICE TO BE PROVIDED a. COUNTY UTIUlY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTIUlY SYSTEM C8J o o Application For Public Hearing For PUD Rezone 01118/07, rev 2/]2/08, rev 7111/08 PROVIDE NAME d . PRIVATE SYSTEM (WELL) D Agenda Item No. 8e September 15, 2009 Page 33 of 76 STATEMENT OF UTILITY PROVISIONS - page 2 TOTAL POPULATION TO BE SERVED: 20 m.f. units X 300 GPO = 6000 GPO PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 9240 AVERAGE DAILY 6000 GPO B. SEWER-PEAK 7200 AVERAGE DAILY 6000 GPO IF PROPOSING TO BE CONNECTED TO COLLIER COUNlY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED 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 COUNlY UTILllY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. Application For Public Hearing For PUD Rezone 0]/18/07, rev 2/12/08, rev 7/]1108 Agenda Item No. 8e This statement shall also include an agreement that the appliQaltzj~~slte~09 Page 34 of 76 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 easements 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 01/18/07, rev 2/12/08, rev 7/11/08 If .., "" . ."'. ,"'.... , September 15, 20( 9 Page 35 of 6 AFFI DAVIT We/I, being first duly sworn, depose and say that we/I am/are 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. We/I 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 We/I further authorize Robert L. Duane, AICP & Richard Yovanovich. Esquire to act as our/my 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 Rezone 01/18/07, rev 2/]2/08, rev 7/] 1/08 Agenda Item No. 8e September 15, 2009 Page 36 of 76 State of Florida County of Collier (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Application For Public Hearing For PUD Rezone 0l/18/07, rev 2112108, rev 7!1l108 Agenda Item No. 8e COVENANT OF UNIFIED CONTROL September 15, 2009 Page 37 of 76 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, east of Airport Road and west of Livingston Road 2507 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 a planned unit development ( PUD) zoning. We hereby designate Robert L. Duane, AICP and Richard Y ovanovich, Esquire, 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 (Name typed, printed or stamped) (Serial Number, if any) Application For Public Hearing For PUD Rezone 0 III 8/07, rev 2/12/08, rev 7/11/08 TRAFFIC IMPACT STATEMENT (TIS) Agenda Item No. 8e September 15, 2009 lotjc; 36 u; 16 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 Dai Iy 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 01/18/07, rev 2/]2108, rev 7/11/08 Agenda Item No. Be 7. For Rezones Only: State how this request is consistent with tf&l@pt!rmttdtb~o9 'page 39 of 76 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. Trio 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. Trio 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/]2/08, rev 7/l 1108 Agenda Item No. Be 4. Level of Service (LOS): The LOS of a roadway shall be expressed in~m1>E(ljf1tl@09 Page 40 of 76 applicable Collier County Generalized Daily Service Volumes as set forth In the TeE of the GMP. 5. Radius of Development Influence (RDI): 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 Re side nti al 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. Background 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 01118/07, rev 2/12/08, rev 71] 1108 8. Agenda Item No. 8e September 15, 2009 Page 41 of 76 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 Through 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 Roadway 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 01118/07, rev 2/12/08, rev 7/11108 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 01118/07, rev 2!J2!()8. rev 7111108 Legal Advertising Fees ~ BCC = $363 ~ cepe = $760 Fire Code Review = $1 50 EIS Review = $2,500 Agenda Item No. 8e September 15, 2009 Page 43 of 76 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 01/18/07, rev 2/12/08, rev 7/11/08 Agenda Item No. 8e In compliance with Section 1 O.02..13.A.l of the Land Development Co~ptember 15,2009 Page 44 of 76 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 su bject 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 lO.03.0S.E. Please see attachment for requirements. Application For Public Hearing For PUD Rezone 01/18/07, rev 2/12/08, rev 7/11/08 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. Be September 15, 2009 Page 45 of 76 CONTINUANCE FEES In accordance with Collier County Community Development and Environmental Services Fee Schedule, when land use petitions are continued, the following fees wi II 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) AFTER 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 01118/07, rev 2/12/08, rev 7/11108 Agenda Item No. 8e September 15, 2009 Page 46 of 76 NEIGHBORHOOD INFORMATIONAL MEETING LDC Section 10.03.05.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 Hearing For PUD Rezone Oll18/07, rev 2/]2/08, rev 7/11/08 Agenda Item No. 8e As a result of mandated meetings with the public, any commitments made b~theraPfJII1Ca~t>09 shall be reduced to writing and made a part of the record of the proceedings pr6J'i~e-ar t~ 76 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/]2/08, rev 7/]1/08 PUD AMENDMENT (PUDA) PUD REZONE (PUDZ) PUD to PUD REZONE (PUDZ-A) APPLICATION SUBMITTAL CHECKLIST ^ '. -. ~ .''''. ". September 15, 20( 9 Page 48 of 6 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. #OF NOT REQUIREMENTS COPIES REQUIRED REQUIREC STANDARD REQUIREMENTS: 1 Additional set if located in the Bayshore/Gateway Triangle Redevelopment Area) Cooies of detailed descriotion of why amendment is necessarv 24 l8J 0 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 aDDlicatlon from webslte for current form) Pre-application meetino notes 24 cgJ D PUD Conceptual Master Site Plan 24" x 36" and One 8 W x 11" copy 24 cgJ D Revised Conceptual Master Site Plan 24" x 36"and One 8)12" x 11" 24 cgJ D coPy Original PUD document/ordinance and Master Plan 24" x 36" - ONLY IF 24 cgJ D AMENDING THE PUD Revised PUD application with chanoes crossed thru & underlined 24 cgJ D Revised PUD application wjamended Title page w/ord #'s, LDC 24 cgJ D 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 CODles of the followlna: Deeds/Leqal's & Survey (if boundary of oriqinal PUD is amended) 2 ~ D List identifying Owner & all parties of corporation 2 ~ D Owner / Affidavit siqned & notarized 2 ~ D Covenant of Unified Control 2 ~ D Completed Addressing checklist 2 ~ D 4 CODles of the followlna: Environmental Impact Statement (EIS) and digital/electronic copy of EIS D ~ or exemption iustification 4 Historical Surveyor waiver request 4 D cgJ Application For Public Hearing For PUD Rezone 01/18107, rev 2/12/08, rev 7/11108 ^ . I ,..,,, Utility Provisions Statement wjsketches ~iem ........ ,v"",, 4 er 1 009 Architectural renderinq of proposed structures 4 D p, ge ~ It Ib Survey, siqned & sealed 4 D ~ Traffic Impact Statement (TIS) or waiver (with applicable fees) 7 D ~ Recent Aerial Photograph (with habitat areas defined) min scaled 5 ~ D 1 "=400' Electronic copy of all documents in Word format and plans (CDRom or 1 ~ D Diskette) COpy of Official Interpretation and/or Zonina Verification 1 D ~ 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 01/18/07, rev 2/12/08, rev 7/11108 Agenda Item No. 8e September 15, 2009 Page 50 of 76 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 01118/07, rev 2i12/08, rev 7/11108 EXHIBIT B TABLE I RESI DENTIAL DEVELOPM ENT STAN DARDS Application For Public Hearing For PUD Rezone 01118/07, rev 2/12/08, rev 7/] 1108 Agenda Item No. 8C September 15, 2009 Page 51 of 76 Agenda Item No. 8e September 15, 2009 p--- h,'-" ".f 7~ "<7 DEVELOPMENT SINGLE SINGLE lWO-FAMIL Y, MUL TI- CLUBHOUSE/ STAN DARDS FAMILY FAMILY PATIO & FAMILY RECREATION ATTACHED & ZERO LOT LINE BUILDING: TOWNHOUSE l 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 BETWEEN FEET FEET FEET FEET or N/A STRUCTURES BH, whichever is q reater 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 01/l8/07, rev 2/12/08, rev 7/l 1/08 S.P.S. = Same as Principal Structures BH = Building Height Footnotes as needed Agenda Item No, 8e September 15, 2009 Page 53 of 76 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 01/] 8/07, rev 2/]2/08, rev 7/11/08 p-,,- C"A "f7 MINIMUM FLOOR AREA Sq. Ft. ** N/A ";::T' MAX. GROSS LEASABLE AREA Sq.Ft. N/A Agenda Item No. Be September 15, 2009 6 * whichever is greater ** per principal structure, on the finished first floor. EXHIBIT C MASTER PLAN Application For Public Hearing For PUD Rezone 01118/07. rev 2/12/08, rev 7/]1108 EXHIBIT D LEGAL DESCRIPTION (If legal description is too long, add as an attachment) Agenda Item No. 8e September 15, 2009 Page 55 of 76 Application For Public Hearing For PUD Rezone 01118/07, rev 2112/08, rev 7111/08 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC Application For Public Hearing For PUD Rezone 01/18/07, rev 2112/08, rev 7/11/08 Agenda Item No, 8e September 15, 2009 Page 56 of 76 EXHIBIT F LIST OF DEVELOPER COMITMENTS Agenda Item No, 8e September 15, 2009 Page 57 of 76 Application For Public Hearing For PUD Rezone 0];18/07, rev 2/]2/08, rev 7/11108 l Agenda Item No. 8e September 15, 2009 Page 58 of 76 ORDINANCE NO. 09- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 92-75, THE ORANGE BLOSSOM GARDENS PLANNED UNIT DEVELOPMENT (PUD); PROVIDING FOR AMENDMENT TO EXHIBIT A, THE PUD DOCUMENT, TO REMOVE 5.85 ACRES FROM THE PUD; PROVIDING FOR FUTURE PUD AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 19, 1992, the Board of County Commissioners approved Ordinance Nwnber 92-75, which established the Orange Blossom Gardens Planned Unit Development (PUD) zoning classification; and WHEREAS, the Orange Blossom Gardens PUD has sunsetted in accordance with Section 10.02.13.D. ofthe LDC; and WHEREAS, LCS-Westminster Naples LLC, represented by Robert L. Duane of Hole Montes, Inc., and Richard D. Yovanovich. Esquire of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., petitioned the Board of County Commissioners to amend the Orange Blossom Gardens PUD to remove approximately 5.85 acres from the PUD and has authority to make such request by agreement with owner; and WHEREAS, the owner, St. Katherine's Greek Orthodox Church has not participated in this PUD amendment. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION I: AMENDMENTS TO EXHIBIT A, THE PUD DOCUMENT, OF ORDINANCE NUMBER 92-75, THE ORANGE BLOSSOM GARDENS PUD Exhibit A, the PUD document, to Ordinance Number 92-75 is hereby amended and superseded by Exhibit A attached hereto. j Words stmek thrsaga are deleted; words underlined are added. Page 1 of2 Agenda Item No. Be September 15, 2009 Page 59 of 76 SECTION n: FUTURE PUD AMENDMENT In accordance with Section lO.02.13.D of the LDC, a PUD Amendment to this PUD Ordinance or a rezone shall be required prior to any development of this PUD. SECTION In: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote by 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: DONNA FIALA, Chairman , Deputy Clerk , Approved as to form and legal sufficiency: V\{~d'\ \,j.\(;,,\ Heidi Ashton-Cicko Assistant County Attorney CP\09-CPS-00920\17-HFAC 6/18/09 Words s1nl.ek threagh are deleted; words underlined are added. Page 2 of2 Agenda Item No. 8C September 15, 2009 Page 60 of 76 ORANGE BLOSSOM GARDENS A Planned Unit Development PREPARED BY: COASTAL ENGINEERING CONSULTANTS, INe. REVISED OCTOBER 19, 1992 BY THE COLLIER COUNTY LONG RANGE PLANNING DEPARTMENT REVISED MAY 2009 BY ROBERT L. DUANE. A.I.C.P. HOLE MONTES. INC. 950 ENCORE WAY NAPLES. FLORIDA 34110 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Amendments & Repeals EXHIBIT "A" Agenda Item No. 8C September 15, 2009 Page 61 of76 TABLE OF CONTENTS PAGE SECTION I. PROPERTY OWNERSHIP, DESCRIPTION AND STATEMENT OF COMPLIANCE I SECTION II 1-1 1.1 1.2 1.3 1.4 1.5 1.6 Purpose Legal Description Property Ownership General Description of the Property Area Physical Description Statement of Compliance PROJECT DEVELOPMENT 2-1 2 .1 Purpose 2.2 General 2.3 Project Plan and Land Use Tracts 2.4 Maximum Project Density 2.5 Site Development Plan Approval Process 2.6 Future PUD Amendment , SECTION III MULTI FAMILY RESIDENTIAL DEVELOPMENT 3-1 3.1 Purpose 3.2 Maximum Dwelling Units 3.3 Permitted Uses 3 .4 Regulations 3.4.1 Minimum Lot Area 3.4.2 Minimum Lot Width 3.4.3 Minimum Yards 3.4.4 Minimum Floor Area 3.4.5 Maximum Height 3.5 Off Street Parking ECTION IV 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 DEVELOPMENT STANDARDS 4-1 Purpose General P.U.D. Master Development Plan Clearing, Grading, Earthwork & Site Drainage Street Construction Easements for Underground Utilities Utility Department Stipulations Water Supply Solid Waste Disposal Other Utilities Signs Landscaping Water Management Agenda Item No. 8C September 15, 2009 Page 62 of 76 4.14 4.15 4.16 4.18 Polling Places Platting Environmental Stipulations Traffic LIST OF EXHIBITS Exhibit "A" (Figure 1) - PUD Master Plan Exhibit "B" (Figure 2) - PUD Master Drainage Plan Exhibit "C" - Legal Description Agenda Item No.. 8C September 15, 2009 Page 63 of 76 SECTION I PROPERTY OWNERSHIP, DESCRIPTION AND STATEMENT OF COMPLIANCE 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership, and to describe the existing condition of the property proposed to be developed under the project name of Orange Blossom Gardens. 1.2 LEGAL DESCRIPTION :~ :~ ~~ t~: NB~( of the NW~( of the CW}( of Being 25 East, Collier County, Exhibit "B". Nt... ~( of the DW)( ::md the W~~ of the NB}( of tho a part of Section 1, Township 49 South, Range Florida, and, more particularly, described in 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of Lone OaJc Ltd. St. Katherine's Greek Orthodox Church, Inc. 1.4 GENERAL DESCRIPTION OF THE PROPERTY AREA A. The project site contains ~ 5.85 acres (+). It is located on the north side of Orange Blossom Drive approximately 671' east of Airport Road. Orange Blossom Drive intersects Airport Road approximately 1M miles north of Pine Ridge Road. B. Current zoning is PUD. The parcel is bounded on the south By Orange Blossom Drive then land zoned PUD, Planned Unit Development (Lone Oak), on the east by private property zoned A, Rural Agricultural, and on the northwest by private property zoned A CU, Rural Agricultural, on the southwest by land zoned PUD (Longview Center), and on the north by land zoned PUD (Lakeside of Naples at Citrus Gardens). The property is within the Collier County Water and Sewer District and Collier County Water Management District #7. .5 PHYSICAL DESCRIPTION he subject property has been farmed. About 4G 60% of the ~ 5.85 cres has been used as a borrow pit. ~lhich now~ covero .:tpprOlcim.:J.tely 1.~ LeaD th.:tn . . Agenda Item No 8C September 15, 2009 Page 64 of 76 Soil types found on the site are: lmmokalee fine sand (approx. 40%). USDA soil survey of Collier County Arzellsand (approx. 60%), and (Soil characteristics are from the dated March, 1954.) 1.6 STATEMENT OF COMPLIANCE The Orange Blossom Gardens Planned Unit Development is consistent with the Collier County Growth Management Plan for the following reasons: A. The project site is designated Urban Residential on the Future Land Use Map and in the Future Land Use Element. The permitted uses in this PUD are permitted in the Urban Residential Area. Properties designated Urban Residential are permitted a base density of up to 4 units per acre. ~ propcrty ic loc::lted \dthin the Tr::lffic Congeotion }I.l.re::l recuIting in the reduction of 1 unit per ::lcre (from ~ unito/::lcre to 3 unitc/::lcre). l'.n interconnection ',lith ::ldj::lcent- propertiec io not fe::loible. No other proviciono of the Denoity R::lting Cyotcm to ::ldd or oubtr::lct denoity ::lre ::lpplic::lble. Therefore,::l denoity of 3 unito per ::lcre conforms to the Dencity R::lting Cyotem cont::lined in the Futurc L::lnd Una Element. The DO::lrd of County Commiooionero h::lo dctermined a dencity of 3.1.2 unit:::J/acre (1.0 unito) io nececo::lry 00 ::l0 to ::l110\1 ::l de'.Tlopment comp::ltiblc '.li th ourrounding propertic.3. Therefore, the proposed gross density of 3.42 dwelling units per acre is consistent with the FLUE. B. The project is compatible with surrounding land uses in accordance with Policy 5.4 of the Future Land Use Element. Elevations within the project the average grade being 11.2. site failed to find bedrock. of 19 feet. site range from 10.5(+) to 11.5(+) with Three auger borings within the project The borings were discontinued at a depth Vegetation consists of scattered second-growth pine trees, some small ax Myrtle shrubs, grasses and Brazilian Pepper. The area appears to aye been cleared for agricultural use. Four shallow swales run the ength of the property north to south. ater management for the project will utilize a swale through property o the northwest to convey lake overflow from storm runoff to the irport Road Canal. A baffled weir will limit the discharge rate to an mount acceptable to the Collier County Water Management Department. Agenda Item No. 8C September 15, 2009 Page 65 of 76 SECTION II PROJECT DEVELOPMENT 2 . 1 PURPOSE The purpose of this section is to describe the general plan of development for the project including land use and density. 2 . 2 GENERAL A~ Regulations for development of Orange Blossom Gardens shall be in accordance with the contents of this document, and any applicable sections and/or parts of the Collier County Land Development Code. B. Unless otherwise noted, the definitions of all terms shall be the same as those set forth in the Land Development Code. 2 . 3 PROJECT PLAN AND LAND USE TRACTS A. !Ffte project oitc pIon, including otreet layout and lond uoe, io oho\.~ in Exhibit A, is the P.U.D. Master Plan. There ....ill be one loud uoe tract pluo neceooory otreet righto of ....oJ'. The Master Plan will be amended at a future date to provide more specific details on the development envelope, access and development standards. B. In addition to the various areas and specific items shown on Exhibit A, such easements (utility, private, semi- private, semi-public, etc.) shall be established within or along the various tracts as may be necessary or deemed desirable for the service, function or convenience of the project residents. 2.4. MAXIMUM PROJECT DENSITY maximum of ~ 20 residential dwelling units in a multi-family onfiguration shall be constructed in the project area. The gross roject area is 11.C8 5.85 acres. The gross density will be 3.42 units er acre. .5 SITE DEVELOPMENT PLAN APPROVAL PROCESS he procedures outlined in Divioion 3.3 of the Land Development Code hall be followed for Site Development Plan approval. . 6 FUTURE PUD AMENDMENT inal Oran e Blossom Gardens PUD has sunset. The u ose of Agenda Item No. 8C September 15, 2009 Page 66 of 76 this PUD Amendment is to remove approximately 5.85 acres from the ori inal PUD owned b another entit. A PUD Amendment to this PUD Ordinance will be required prior to any development of this PUD includin the ossible amendment of the develo ment standards in Section 3.4 and revisions to the PUD Master Plan in Exhibit "A" to address the future plans for development of this PUD. I Agenda Item No. 8C September 15, 2009 Page 67 of 76 SECTION III MULTI FAMILY RESIDENTIAL DEVELOPMENT 3.1 PURPOSE The purpose of this section is to set forth the development plans and regulations for the project. 3.2 MAXIMUM DWELLING UNITS A maximum of ~ 20 dwelling units will be constructed on the site. 3 . 3 PERMITTED USES No building, 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. Multi-family residences B. Accessory Uses: 1. Accessory uses and structures, including storage facilities. 2. Recreational uses and facilities, such as swimming pools, and children's playground areas. Such uses shall be visually and architecturally compatible with adjacent residences. .4 REGULATIONS .4.1 Minimum Lot Area: A. 1 acre .4.2 Minimum Lot Width: A. 200 feet . 4 . 3 Minimum Yards A. Setback along north, south and west side =35' B. Setback along east side = 25' C. Setback from lake = 30" D. Distance between principal structures 20' . 3 ' 4.4 Minimum Floor Area: Agenda Item No. 8C September 15, 2009 Page 68 of 76 A. 900 square feet 3.4.5 Maximum Height: A. Two floors of living area with option of having one (1) floor of parking beneath the living area. 3.5 OFF STREET PARKING Off-street parking shall be provided as required by Divioion 2.3 of the Land Development Code. Agenda Item No. 8e September 15, 2009 Page 69 of 76 SECTION IV DEVELOPMENT STANDARDS 4 . 1 PURPOSE The purpose of this section is to set forth the standards for the development of this project. 4 . 2 GENERAL All facilities shall be constructed in strict accordance with the final development plan and all applicable state and local laws, codes and regulations. 4.3 P.U.D. MASTER DEVELOPMENT PLAN A. Exhibit "A" (Figure 1), the P.U.D. Master Plan, illustrates the proposed development~ However, this PUD has sunsetted and a future PUD amendment is required which will incorporate future development standards and will identify access from Orange Blossom Drive. B. Minor site alterations to the Master Plan my be permitted in accordance with 8uboection 2.7.3.5 of the Land Development Code. C. All necessary easements, dedications, or other instruments shall be granted to insure the eontinued operation and maintenance of all service utilities and project areas. 4.4 CLEARING, GRADING, EARTHWORK & SITE DRAINAGE All clearing, grading, earthwork & site drainage work shall be performed in accordance with applicable State and local codes. 4.5 STREET CONSTRUCTION The internal road will be 24' wide and 900 parking 18 feet deep, in accordance with zoning regulations. 4.6 EASEMENTS FOR UNDERGROUND UTILITIES Easements for underground utilities such as power, telephone, cable T.V., wastewater collection, water distribution, and similar uses shall be located and granted as required for those purposes. 4.7 UTILITY DEPARTMENT STIPULATIONS Agenda Item ~~o. 8C September 15, 2009 Page 70 of 76 A. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. B. All eustomers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. C. The on-site water distribution system to serve the Project must be connected to the District's 12 inch water main on the west side of Airport Pulling Road consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities, dead and mains shall be eliminated by looping the internal pipeline network. D. The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one (1) main on-site pump station. The Developer's Engineer shall meet with the County staff prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the County's sewer master plan. E. The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. F. The existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project and improved as required outside the project's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. 1 4.8 WATER SUPPLY See Utility Departments Stipulations, Section 4.7. Agenda Item No. 8C September 15, 2009 Page 71 of 76 4.9 SOLID WASTE DISPOSAL Arrangements shall be made with the Collier County solid waste disposal franchise holder to provide for solid waste collection to serve the project. 4.10 OTHER UTILITIES Utility lines for Telephone, Power, and Cable T.V. service, when available, shall be installed underground. 4.11 SIGNS All signs shall be in accordance with Divioion 2.5 OE the Land Development Code. 4.12 LANDSCAPING All landscaping shall be in accordance with Divioion 2.~ of the Land Development Code. The open space area identified on the PUD Master Plan shall be grassed and landscaping shall be provided around the perimeter. A landscaped buffer in accordance with Section 2.~.7, ~ltern~tive B, of the Land Development Code shall be provided along the north and west property lines except where the lake is located, and along the south property line except at the project entrance. 4.13 WATER MANAGEMENT A. Detailed site drainage plans shall be submitted to the Project Review Services Section for review. No construction permits shall be issued unless and until approval of construction in accordance with the submitted plans is granted by the Project Review Services Section. B. An Excavation Permit will be required in accordance with Divioion 3.5 of the Land Development Code in order to bring the existing lake into compliance with present-day standards. 4.14 POLLING PLACES Space shall be provided within common areas for the purpose of permitting residents to vote during elections, if required by the Collier County Supervisor of Elections in accordance with Section 2.C.30 of the Land Development Code. 4.15 PLATTING Agenda Item No. 8C September 15, 2009 Page 72 of 76 Platting shall be required if units are to be sold fee simple or if the project is developed as an integrated phased SDP, in accordance with Section 3.2.4.4 of the Land Development Code. 4.16 ENVIRONMENTAL STIPULATIONS A. N~ti~e opeeieo oh~ll be utilized, ,;here ~~~il~ble, te the m~JCimum extent poooible in the oite l.::mdoc~ping deoign. 1'", l~nd:Jc~ping pl~n ,;ill be oubmittcd to proj ect Re...ier.: Cervi ceo for their rc...ie.... ~nd ~ppro......:ll. Thin pl.:ln ',;ill depict the incorpor.:ltion of n~ti',re opecieo ~nd their mix ,;i th other opecieo, if ~ny. The g0.:11 of oite l~ndoc.:1ping oh.:lll be in the recre.:1tion of n.:1tive veget.:1tion .:1nd h.:lbit.:1t ch.:1r.:1cterinti~D loot on the oite during eonotruction or due to p.:1ot .:1cti~itieo. No native vegetation is required to be preserved. B-. 1'.11 CJcotic pl.:lnt:;, .:10 defined in the L.:lnd De~elopment Code, :Jhall be remo~ed during e.:1ch ph.:1oe of conotruction from de~elopment .:1re.:1o, open op.:1ceo .:1re.:1o, .:1nd preoerve ::1re~o. Follo'.ling ni tG development .:l m.:linten::1nce progr.:1m oh::111 be implemented to prevent rein.....:1oion of the oite by ouch exotic opecieo. Thin pl.:ln, ....hich ',;ill deocribe control techniqueD ::1nd inopection inter.r.:11D, Dh.:111 be filed ,;ith ::1nd Dubj ect to .:lpprov::11 by proj ect Re?ier.: ServieeD. {h- If, during the couroe of oi te cle.:lring, eJcc::1'.r::1tion, or other conotruction .:1ctivity, .:1n .:1rch::1eologic::1l or hi:Jtoric.:1l ::lite, ::1rtif::1ct, or other indic::1tor is diocovercd, ::111 development .:It th.:lt.loc::1tion oh::111 be immedi::1tely otopped ::1nd the proj ect Revie'.; Service:J Cection notified. Deyelopment will be ouopended for a Dufficient length of time to en::1ble the Project Review ServiceD Ccction or ::1 deDign.:lted conoult.:1nt to ::1ooeon the find ::1nd determine the proper courDe of .:lction in regard to ita o.:llvge::1bility. The Project Review cerviceD Ceetion '.lill reDpond to ~ny ouch notifie~tio:a in ::1 timely ::1nd efficient m.:lnner DO ~D to provide only .:l minim::1l interruption to ::1ny eonDtruction ~cti'd tie.:). 4.17 TRAFFIC A. The developer shall provide a fair share contribution toward the capital cost of a traffic signal and related intersection improvements should they become needed in the future. The signal will be owned, operated and maintained by the County. ORANGE BLOSSOM GARDENS Agenda Item No. BC September 15, 2009 Paqe 73 of 76 -- LAKESIDE OF NAPLES AT CITRUS GARDENS (PUO) -- ===-==-=--~=====-==--==----==-~~ CITRUS LAKE DRIVE _ __ --- - ,---~- r~, \\lDE nPE 'B' J--==-\ i I -----------T--- ( I LANDSCAPE BUfFER \ I : i \ I FUTURE I' I I ~ : DEVELOPMENT AREA I: I I C URCH. " I I A DETAILED MASTER I I .LfONEO. I PLAN MUST BE I I I AlpUjCU I APPROVED BY THE I I I I 1 I COUNTY PRIOR TO I I I I I I ANY DEVELOPMENT 'I I \ I OCCURRING I I \ L- 24' WIDE PUBLIC II ZONED : EXISTING I I I ACCESS EASEMENT A LAKE I I I CCESS \ I I I I I : I ~ --", OUTFALL TO AIRPORT I : I, PORTION OF \": r I ROAD CANAL . ) I I ORANGE: BLOSSOM ~ I -- : \ I ORANGE BLOSSOM} I I GARDENS (PUD) ~ ~ GARDENS // I TO BE REZONED : i --- J : -----(PtIOJ~-- :: 1 ~ "--- I 5.85 Ac.:f: I I I . I I I Ii LONGVlEW t-- 15' WIDE TYPE 'B' I 10' WI" DE TYPE '0' I ; II LANDSCAPE BUFFER -l I Z I , LANDSCAPE BUFFER I W (PUO) O~o: : I 'I - 10' WIDE TYPE '0' I I ~ : [LANDSCAPE BUFFER I: : ~. '=""""""----_ L____________~ '-----------_1__ ~J ____ __ f - -'- ~ _ORAN'GE BLOS'soI'LDRIVE ~ ~ ~ ~ ~ 0""- , i---,EXIS;-6~.~~. ----- LON;~AK ------------ 9 I (PUO) f 'I ,~ LONGVIEW 8 (PUO) N /' ,.. 8 ~ :i:: o :::If ! a. :::f 0" ::> a. I , I 11M ~MIIIIS'UIllUl5 - NOTE : NO NA nVE VEGETA nON IS REQUIRED TO BE PRESERVED. ,.....--~ o 120 SCALE IN FEET Orange Blossom Gardens PUD Master Plan Exhibit "A" 950 Encor-. Way Na~I... Fl. 34110 Phone: (239) 254-2000 norfda C.rtlflcat. of Authorfzatlon No.I772 0iECl<ED BY : R.LO. t: - - - --~==: CA~1-'- ((!<X>':'=--- r :I ~i? tr' ~;; ~ t"'~ .1~ .'--'n~ ~~.... ~,,~ .~~ '..~ i~~ .. !... :.-,,:!.:,:.::..,~ 'DII1...l,.I::::::i:.: 0- " .. ~ .. ,. 21~ i.... ~Q~ .... ~~~ ------ ~ ~ ~ . :t .. ~ . ,. ;r. ! ----r .. ~ l: :1 o . ~ .. . .. . ..- ,.s.." I { r ~ A fTl li 1r '''-' , \. I ......... ......0. J .A..... Agenda Item No. 8C September 15, 2009 Page 74 of 76 .. , ~ . '. ~ _( COAa'...... K.1IfOIIolU._... c_ r.;;.J _.____---.-2.A..'-c.)~ MASTER DRAiNAGE ~N~D(- . ] Exlltll1~. Agenda Item No. 8C September 15, 2009 Page 75 of 76 EXHIBIT "e" A PART OF' SeCTION J rO'WNSH/P 49 SOtJrH RANGe e5 eAST COLLIeR COtJNTY. rURllJA. KING 1'f(]f1e PARTICULARL r DCSCRI8CD AS roLl.OVs. COHHENc:{N(i AT THE: ....CST 1/4 OF SECTION J TOVN$H/P 49 SOUTH, RA.N(Z ~ CAST. CDt..Llt:R COUNT". rLCR/JJA.i THeNCe SOUTH ~,!'e8'15" CAST, ALaoIG THE: CLNTeR CF SAID SECT/ON J. .4 DTSTANCC IT 568.40 FCrT, TO THe POINT IT Br(j/NNlNe;. SAID PaTHT lJElNU TI-€ NCRTHVcsr CORNCl1lT THE' LAND fJESCR/8t:JJ IN TI<€ OFFiCIAL RCClRDS /JCD( 2696. PAGe 1!327. iT 11< PUILIC RECCRDS iT caLlDl COUNTY FLORIDA; rfeNCC CONTINUING. SOUTH 99'29'J5" CAST, ALCNJ SAID CfNTF:R ScCT/aJ LINE. AND THE NCRTH LiNe OF SAID JJCSCRIKIJ LAND. .4 D/STAN(X IT . 314.51 'rECT, TO THe NCRTIEAST CORNell CF SAID /Jl'SClflKJ1 LANDI Tw:tCE LeAVING SAID a:NTER SEcr/O'l LlNC. sotJTH Oirenr CAST. ALCJYG THe EAST LINE tF SAID DCSCI11lJED LAND. A DrST/WCC tF 519.:11 rar. rHE:NCE NORTH 89' JJ1STANCc IF 335.J8 FrET, TO A POINT tT /NTEI1SECrJt7# WITH TIE VCS '/JlEIJ LANJII 1ICNCC MJRTH Gr24'56" veST, ALCIiG .$AlD veST L 'EXr 711 71€ PO/NT CF JEGINNlNt:. SAID PARCEL catTNNING ALONG WITH: A PART OF SECT/ON 1 TOWNSHIP 4'} SOUTH RANGE. 25 CAST COtLIER COUNTY. FLt:JR11JA. KING HORE PARTICULARL Y OCSCR/KD AS FOLLO\IS- ~lNli AT TIE WEST 1/4 or SECTION J TOVNSHIP 4'1 SOUTH. RANGE ~ CAST. COLLIER COUNTY rLlRIJJAi THENCE SOUTH 8!rern5" CAST. ALONG THE CCNTElliT SAID SECTIDN I. A DISTANCe tF !J6/1.4(J rar. TD THE' THE NtRTMlEST CI:JRNER IT TfC LAND JJCSCR/IICD IN THE: OFFJC1Al. Iil&ctRJJS .Ia:J( e696. p/tG€ es27. iF TIE PU8L1C 1lt:CtJRJIS (F CCJ..L/ER COtMTY FLOI1II1A1 TI-OICC CONTINUING SOUTH n"etr15" CAST. ALaKi . SAI1I CCNT~ SECT}{JY LINE. AND TfC IO'lTH LINE IT SAID 1/CSCR/8€JJ LN/JJ. '34.S/ FrCT. 1"0 THE: NlRTI€AST ctRf.ER CF SAID JJCSCRIlJCD l.ANDI 1"HENCi SEcrllJY lJN€, St1YTH Dirn'Ie- EAST. ALavG DE EAST LINe IT SAID IT S/J.5J FCCT, TO.THE PDlNT IF fE'nf!.lN!!!tj 'fENCe CDYT. 7'#E. IJESCRlllCD LANIh TO THE: ~I4ST ctRNCR. iF SAllJ .. TJtIf VlTH THE: MRTHERL Y l./NC iF THE: l.ESS $DUTH 30 FEET. AS' .1JS JICD/( as... PMiC eseT.. DF THE' PUJlLIC 1tECD1tDS or CC1l.L Brn-ol'" '-'CST.. ALa-IG SAID NCRTH LINe, A DIS TNICe iT 3. T1tM V1TH TIC VES TCRt. r ~ IT SAID /JESClIl 'D r. ALa'IG SArD J,.IO'T LINE. A .DIsr.wcc CF l!4/1..6, ro I 'lSTM/CC IF 33!J.18 FEeT. TO THE PO/NT IT EG1NNlNG. SAt I11t LESS. ;~2F Sunday, August 30, 2009 Baily N~1Ull \~ 0110 ORDINANCEs AND PEtmONs , 0110 ORDlIAICES AND PE11I'IONS" NOTICE OF INTENT TO CONSIDER ORDINANCE Notice. is hereby given that on Tuesday, September IS, 2009} in the Boardroom, 3rd Floor," Administra. tion Building, Collier County Government, C!!!'Iterl 3301 East Tamlami Trail, Naples, Florida. th~ tsOaI1J of County Commissioners will consider the enact- ment of a County Ordinance. . The meeting will commence at 9:00 A.M.. The title of the proposed Ordinance Is as follows: AN ORDINANCE OF THE BOARD Or: COUNTY, COM, MISSIONERS OF COLLIER COUNTY,. FLORIDA, AMENDING ORDINANCE NUMBER 92-75, THE OR. ANGE BLOSSOM GARDENS PLANNED UNIT DEVELOP. MENT (PUD); P~OVIDlNG FOR AMENDMENT TO lEX. HIBIT A, THE PUD DOCUMENT, TO REMOVE 5.85 ACRES FROM THE PUD; PROVIDING FOR FUTURE PUD AMENDMENT; AND PROVIDING FOR ~N EFFECTIVE DATE. '. . "" PETITION: PUDA.2ooB-AR-I4092, LCS-Westmlnster Naples, LLC, represented by Robert Duane, AICP, of Hole Montes, Inc. and Ricnard D. Yovanovich, Esq'l of Goodlette, Coleman, Johnson,", Yovanovich ana Koester, Is requesting an amendment to the Orange Blossom Gardens PUD (Ordinance No. 92.75) to de- lete approximatelY 5.85 acres. The subject propertY is located in Section I, Township ,49 squth, Range. 25 ~,.Colllercounty, Florida (Compamon Item to; PUDZ.2008-AR.14091 ana PUDA'2008'AR-l~}i " t1,eCcm~~ftJhttf~~e~n~r1~n:t~fla~leoPo/il~s~~~ ' tion. AI/ interested parties are invited to attend and beheartf. ". .... . NOTE: All persons wishing to speak on any agenda item must register with the CountY Manager prior to preSentation of the agenda item to be ad- dressed. "Individual speakers will be limited to 5 minutes on any !tem. The selection of an individual to speak on ben~lIf of an organization or group is' encouraged. If recognized by the Chainnan, a spokesperson for a group or or"anlzation may be allotted 10 minutes 'to speak on an Item., " '. 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 intentjed to be considered by the Board shall be submitted to the appropriate County staff" a minimum of seven dayspnor to the public hear. ing. All material used In presentatlon5 before the Board wiU become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a rec;ord of the proceedings ~r- taining thereto and therefore, may need to ens Lire 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 disability who needs any accommodation in order to partic1pate in this pro- ceeding, you are entitled, at no cost to you, to.JM Drovis/on of certain assistance. Please contact the Collier County Facilities Management Department. located at 3301 Tamlaml Trail East, BUilding W," Naples, Florida 34112, (239)252.8380. Assisted lis. tening devices for the hearing- impaired are avail. able in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIERCQUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK ' By: Martha Vergara, Deputy Clerk (SEAL) .". ' -Auaust 30 2009 Nn1813015:; Agenda Item No. 8C Septer:nber 15. 2009 Page 76 of 76