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Agenda 06/24/2008 Item # 8A Agenda Item No. 8A June 24. 2008 Page 1 of 75 EXECUTIVE SUMMARY PUDA-2007-AR-12322, Livingston Professional Center LLC, represented by Robert L. Duane, AICP, of HoIe Montes, Inc. is requesting an amendment to tbe Hiwasse Commercial Planned Unit Development (CPUD) to revise existing development standards, transportation requirements and property ownership information. The +/-12.52-acre subject property is located 1400 feet north of the intersection of Eatonwood Lane and Livingston Road, in Section 13, Township 49 South, Range 25 East, Collier County, FIorida OBJECTIVE: To have the Board of County Commissioners (BCC) consider an amendment to the Hiwasse Commercial Planned Unit Development (CPUD) to revise the architectural design standards, development standards, transportation requirements, property ownership information and Master Plan; and to make certain that the project is in harmony with the applicable County codes and regulations to maintain the community's interests. CONSIDERATIONS: The Hiwasse PUD was originally approved by the BCC on November 16, 2004 (Ordinance No. 2004-75); and on December 11,2007, a PUD Extension was approved by Resolution No. 07-348. The purpose of the proposed petition is to amend the following: . Section 4.14. Landscaping. The applicant seeks to permit a landscape buffer within the 25- foot setback yard along Livingston Road that is comprised of a 15-foot wide enhanced Type B buffer containing a double row of palm trees staggered between 12 feet and 16 feet in height, coupled with building foundation p1antings, if a 270- foot long self- storage building is constructed on the site, as requested below. . Section 4.17. Architectural and Site Design Standards, C. Building Design Requirements. The applicant is seeking to allow one indoor self-storage building to be 270 feet long (instead of the 150-foot length maximum currently permitted) if it is accompanied by the enhanced buffer described above. This building would also be subject to greater setback and design standards to mitigate the impact of its increased length, as depicted on the Master Plan and in the elevation attached to the ordinance. . Section 5.5 Development Standards. I. and K. In Subsection 1.. The applicant seeks to allow the location of stormwater management facilities, underground utilities, a dual bike path/sidewalk, fire access and a portion of the access roadway in the FP&L easement running along the western boundary of the site. In Subsection K.. language regarding the installation of a traffic signal is proposed for deletion to allow a bank to be constructed in the northern portion of the PUD without the installation of a signal PUDA 2007-AR-12322 1 Agenda Item No. 8A June 24, 2008 Page 2 of 75 at the intersection (as is currently required). . Section 6.2 Transportation Requirements. In Subsection E" The applicant is requesting to delete outdated language to permit shared access on the County-owned property north of the site, which would be shared with the Related Group PUD to the northwest. In Subsection F., the language is proposed to be changed to require the developer to construct a turn lane at the project's Livingston Road only permitted entrance. . Section 7:Deviations of the Hiwasse CPUD. The applicant is requesting a deviation from the Land Development Code (LDC) Section 6.06.02.A.l (which requires sidewalks and bike lanes to be constructed in rights-of-way) to permit locating the required sidewalklbike lane on the existing service road within the FP&L easement on the site, as requested by the Transportation Planning Department, if permitted by FP&L. This sidewalklbike lane would be 10 feet in width and would be just one segment of a larger network running the entire length of the FP&L easement from Pine Ridge Road to Golden Gate Parkway. If a use agreement is not reached with FP&L, the applicant would be required to construct a six-foot wide sidewalk in the Livingston Road right-of- way. Changes to the CPUD are shown in strike-through and underline format in the ordinance attached to this summary. Minor revisions to the Master Plan are also shown in the ordinance. FISCAL IMPACT: The rezoning action, in and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the CPUD is approved, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects all applicable impact fees before the issuance of building permits to help offset the impacts of each new development on its public facilities. These impact fees are used to fund projects identified in the Growth Management Plan's (GMP) Capital Improvement Element (C1E) as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of Section 10.02.07(C) of the Land Development Code, fifty percent of the estimated Transportation Impact Fees associated with the project are required to be paid simultaneously with the approval of each fina110ca1 development order. Other fees collected before the issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. PUDA 2007-AR-12322 2 Agenda Item No. SA June 24, 2008 Page 3 of 75 GROWTH MANAGEMENT PLAN (GMP) IMPACT: The PUD is consistent with the provisions of the Livingston Road/Eatonwood Land Commerical Infill Subdistrict. The development intensities allowed by the Subdistrict are 91,000 square feet of professional medical or office use, including a bank; and/or up to 200,000 square feet of indoor self-storage. Should a mix of office and indoor self-storage facilities develop on the property, for each two square feet of indoor self-storage area, one square-foot of allowed office area shall be reduced. The proposed PUD amendment may, therefore, be deemed consistent with the Future Land Use Element (FLUE) of the GMP. AFFORDABLE HOUSING IMPACT: Approval of this CPUD would have no affordable housing impact. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed this petition and has determined that there are no wetlands on site or other environmental issues associated with the project. ENVIRONMENTAL ADVISORY COUNCIL (EACl RECOMMENDATION: This petition was not heard by the EAC as no Environmental Impact Statement was required for the project. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition at their May 1,2008 meeting, and voted 9-0 to forward this petition to the BCC with a recommendation of approval. Although this item received a unanimous recommendation of approval, staff has received two letters of objection to the project from the community, which has placed this item on the BCe's regular agenda. LEGAL CONSIDERATIONS: This is an amendment to the existing Hiwasse PUD (Ordinance No. 04-75) which proposes to amend the PUD's architectural design standards, development standards, transportation requirements, property ownership information and Master Plan. 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 of the criteria set forth below. The burden then shifts to the Board of County Commissioners (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. PUDA 2007-AR-12322 3 Agenda Item No. 8A June 24, 2008 Page 4 of 75 Criteria for PUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. ] . 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 ope shall be made only afier consultation v.ith 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: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? PUDA 2007-AR-12322 4 Agenda Item No. 8A June 24, 2008 Page 5 of 75 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 III the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and sen;fces consistent PUDA 2007-AR-12322 5 Agenda Item No. 8A June 24, 2008 Page 6 of 75 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.1 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. MMSS RECOMMENDATION: Zoning and Land Development Review staff recommends that the Board of County Commissioners approve PUDA-2007-AR-12322 PREPARED BY: John-David Moss, AICP, Principal Planner Department of Zoning & Land Development Review PUDA 2007-AR-12322 6 Item Number: Item Summary: Meeting Date: Page I of2 Agenda Item No. 8A June 24, 2008 Page 7 of 75 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8A This item to be heard at or about 1 :00 p.m.. following Item 128. This item requires that all participants be sworn In and ex parte disclosure be provided by Commission members. PUDA~2007-AR-12322 Livingston Professional Center LLC. represented by Robert L. Duane, AICP, of Hole Montes, Inc. IS requesting an amendment to the Hiwassee PUD to revise eXisting development standards, transportation requirements and property ownership information. The +/-12.52-acre subject property is located 1400 feet north of the intersection of Eatonwood Lane and livingston Road, in Section 13, Township 49 South. Range 25 East. Collier County, Florida. 6/24/2008 90000 AM Prepared By John-David Moss Community Development & Environmental Services Senior Planner Date Zoning & Land Development 6/11/20089:11:10 AM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date Approved By 6/11/20089:29 AM Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 6/11/20083:01 PM Approved By Susan Murray, Ale? Community Development & Environmental Services Zoning & Land Development Director Date Approved By Zoning & Land Development Review 6/11/20083:31 PM Ray Bellows Community Development & Environmental Services Chief Planner Date Approved By Zoning & Land Development Review 6/11/20085:16 PM Marjorie M. Student~Stirling County Attorney Assistant County Attorney Date County Attorney Office 6/12/20088:40 AM Approved By OMS Coordinator County Manager's Office OMS Coordinator Date Office of Management & Budget 6/12/20082:10 PM file://C:\AgendaTest\Export\1 1 0-June%2024,%202008\08.%20ADVERTISED%20PUBLl C... 6/18/2008 Page 2 of2 Agenda Item No. 8A June 24. 2008 Page 8 of 75 Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 6/12/20085:16 PM Approved By James V, Mudd County Manager Date Board of County Commissioners County Manager's Office 6/16/20089:13 AM file://C:\AgendaTest\Export\ 11 O-J une%2024,%20200S\OS.%20ADVERTISED%20PUBLIC... 6/1S/200S AGENdJ\9rft!M(('l' No. 8A :J1'fne''Z4, 2008 Page 9 of 75 C~x. County -- ~- STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES HEARING DATE: MA Y 1,2008 SUBJECT: PETITION NO: PUDA-2007-AR-12322, HIWASSE COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) APPLICANT: AGENT: Thomas M. Taylor, MGRM Livingston Professional Center, LLC 481 Carica Road Naples, FL 34108 Robe11 L. Duane, AICP Hole Montes, Inc. 950 Encore Way Naples, FL 34110 REOUESTED ACTION: The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an amendment. to the Hiwasse Commercial Planned Unit Development (CPUD) to revise the architectural and site design standards, development standards, transp0l1ation requirements, property ownership information and Master Plan. The petitioner would also like to request a deviation lI'om the location requirement for bicycle paths and sidewalks. GEOGRAPHIC LOCATION: The +/-12.52-acre subject property is located 1,400 feet south of the Pine Ridge Road and Livingston Road intersection, in Section 13, Township 49 South, Range 25 East, Collier County, Florida (see the location map on following page). PURI)OSEIDESCRlPTlON OF PROJECT: The purpose of this petition is to amend (rather than repeal) the Hiwasse CPUD (Ordinance 2004- 75; see Attachment 3), approved on November 16, 2004. The following is a general overview of the proposed revisions: Hiwass. PUDA-2007-AR.12322 May 1, 2008 CCPC Page 1019 <(00 CO 00 Of'-- .0_ I I I ON 0 I I Z-..:t~O I --, '" EN- Q)QJQJ f- -, 0. .2 J ===c~ ro "Cl. I "~ ,,' I " . c: I l~-N:)N Z "I Q~ Q) 0 '" ~! 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[ ~ I J i . ~ I ~ ~ CI ~;; 5 ~ ~ ~ ~ ~ ~ ~; : ill "I~ ~d m ,. ~ S wi5 z :I i!:~ II. . : i !I ~~~ ;t~ , i;~l;~ ! ~I ~I~ ,: ~ I'j hh !!l 0 ~ ; j~ .I~ ;1. a I!~I ~:~I !!!I!!~ II! - ! I i !m I 111 i , d . . ~ ~ ~ ~ ~ n ~ ~ - I' ~' ' i " o ~ I'L~ g I ~ :11 1'1 ill I 5 ... "," ",' ~!:: ,,!!! :Ii'" x c'" " .. " 12a'E !mi ~if'l III a" J ~ (' t rrFI g Q. () W (J) (J) ~ :c w X .... -"-_.............,- ! '.__~YO<""_~ Agenda Item No. 8A June 24. 2008 Page 12 of 75 . Section 4.14. Landscaping. The applicant seeks to permit a landscape buffer within the 25- foot setback yard along Livingston Road that is comprised of a l5-foot wide enhanced Type B buffer containing a double row of palm trees staggercd between 12 feet and 16 feet in height, coupled with building foundation planlings, if a 270-foot long self-storage building is constructed on the site, as req~lested below. . Section 4.17. Architectural and Site Design Standards, C. Building Design Requirements. The applicant is seeking to allow one indoor self-storage building to be 270 feet long (instead of the 150-foot length maximum cU11'ently permitted) if it is accompanied by the enhanced buffer described abovc. This building would also be subject to greater setback and design standards to mitigate the impact of its increased length, as described in detail the "Zoning Review" portion of this repolt (see page four). . Section 5.5 Development Standards, I and K. In Subsection I, The applicant secks to allow the location of stOlmwater management facilities, underground utilities, a dual bikc path/sidewalk, and fire access in the FP&L easement running along the westem boundary of the site. In Subsection K., language regarding tlle installation of a traffic signal is proposed for deletion to allow a bank to be constructed in the nOlthem pOltion of the PUD without the installation of a signal at the intersection (as is currently required). . Section 6.2 Transportation Requirements In Subsection E, The applicant is requesting to delete outdated language to pelmit shared access on the County-owned property north of the site, which may also be sharcd with the Rclated Group PUD to the northwest. In Subsection F., the language is proposed to be changcd to require thc developcr to construct turn lanes at both of the project's Livingston Road entrances instead of just at one cntrance. . Section 7:Deviations of the Hiwasse CPUD The applicant is rcqucsting a deviation from the Land Development Code (LDC) Section 6.06.02.A.l (which requires sidewalks and bike lanes to be constructed in rights-of-way) to permit the option of either locating the required sidewalk/bike lane on the existing service road within the FP&L easement on the site; locating the sidewalk/bike lane along Livingston (as required); or providing payment in lieu of eithcr option. Changes to the CPUD are shown in strike-through and underline fOlmat in the ordinance attached to this report. Minor revisions to the Master Plan are also shown in the ordinance (and on the preceding page). No other changcs to either document are proposed, although the details of tllese changes, if any, are elaborated in the "Zoning Review" pOltion of this report. SURROUNDING LAND USE AND ZONING: North: A County stonnwatcr management pond, the La Costa Apartments, and an extension of the FP&L easement occupying the subject property's western portion; zoned Related Group PUD. East: Livingston Road South thcn single-family homes and vacant land; zoned Brynwood Preserve PUD, A (Rural Agricultural) and Arlington Lakcs PUD. South: A golf course maintenance building and the southerly extension of the aforementioned FP&L easement; zoned Kensington Park PUD. West: Single-family homes and a golf course; zoned Kensington Park PUD. Klwass. PUDA.2007.AR.12322 May 1. 20{)B CCPC Page 2 of9 Agenda Item No. 8A June 24, 2008 Page 13 of 75 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The PUD is consistent with the provisions of the Livingston RoadlEatonwood Land Commerical Infill Subdistrict. The development intensities allowed by the Subdistrict are 9 I ,000 square feet of professional medical or office use, including a bank; and/or up to 200,000 square feet of indoor self-storage. Should a mix of office and indoor self-storage facilities develop on the property, for each two square feet of indoor self-storage area, one square foot of allowed office area shall be reduced, The proposed PUD amendment may, therefore, be deemed consistent with the Future Land Use Element (FLUE) of the GMP. AERIAL VIEW ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition and the LDC criteria specifically noted in Subsections 10.02.I3.B.5. and 10.03.05.H, which establish factual bases to support a recommendation. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to SUppOlt their action on the rezoning request. These evaluations are completed as separate documents, and have been attached to the staff repOlt as Exhibits A and B. In addition to these documents, staff offers the following analysis: Hiwa..e PUDA-2007-AR-12322 May 1. 200B CCPC Paga3of9 Agenda Item No. 8A June 24.2008 Page 14 of 75 Environmental Review: Enviromnental Services staff has reviewed this petition and determined that there arc no environmental issues associated with it. Transportation Planning Review: Transportation Planning staff has reviewed this project and has worked with the applicant to resolve all transportation-related issues. Therefore, no transportation issues remain outstanding. Utilities Review: The Public Utilities Engineering Department (PUED) has reviewed this proposal and has determined that it does not impact the utilities provision, which is thc same as the existing Hiwasse PUD. Emergency Management Review: The Hiwasse PUD is located in a Category 3 Hurricane Surge Zone which requires evacuation during some hurricane events, Because this is a commercial PUDA, the Emergency Management Department has no issues with the approval of this petition. Zoning Review: As noted in the preceding GMP Consistency review, the subject parcel comprises the Livingston Road/Eatonwood Lane Commerical Infill Subdistrict, which permits a maximum 91,000 squarc feet of professional medical or officc uses, including a bank, and/or up to 200,000 square feet of indoor self-storage. However, if a mix of office and indoor self-storage facilities were to develop on the property, for each two square feet of indoor self-storage area, one square foot of allowed office area would have to be eliminated. The proposcd amendment would not change these uses or intensities. Rather, the subject petition seeks the following changes to the approved PUD: 1. To allow one indoor self-storage building to be 270 feet long (instead of the 150-foot length maximum currently permitted) if it is accompanied by an enhanced l5-foot Type B landscape buffer within the 25.foot front yard setback area along Livingston Road. The applicant contends that this new building length is needed as the potential end-users have indicated that they would require a continuous space for their operations rathcr than several separate buildings. To mitigate the effects of such a long building, the applicant has committed to the following landscape buffer, which would be a great enhancement over the Type D buffer normally required by the LDC: along the length of the building, the planted shrubs would be six feet in height after one year (as opposed to 3 feet in height) and the proposed palm trees 20 fcct on center (instead of 30 feet on center), to provide an overall vegetative opacity from Livingston Road greater than 80 percent. In addition, the heights of these trees would be 16 feet at the time of planting (instead ofthc required 14 feet). To further augment this buffer, the applicant has committed to a second row of 12-foot palms, also planted 20 feet on center and aligned forward of the area in between the 16-foot palms, to crcatc a staggered tree canopy. A minimum of 15 percent of the total square-foot area of the building's eventual ground level would also be required in foundation plantings at the time of site development plall (SDP) approval, as required by thc Land Development Code (LDC), and planted within this 15-foot buffer area. (It should be noted that the 25-foot front yard area in which this 15-foot buffer would be planted would be reduced to 20 feet after Transportation takes five feet of compensating right-of-way for a turn lane improvement.) Besidcs increased landscaping, the longer building would be subject to the specific Hiw..se PUDA-2007-AR.12322 May 1, 2008 CCPC Page 4 of 9 Agenda Item No. 8A June 24, 2008 Page'5 of 75 architectural criteria for all self-storage units outlined in Section 5.05.08,D,2, which are designed to ensure aesthetically pleasing architecture for these types of structures. Such standards, for example, would require 20 percent glazing on all sides of the self-storage building's fayades, and mitigate the buildings increased Icngth along Livingston Road requiring an articulated fayade and staggered roofline to decrease its mass, as depicted in the elevation included in the ordinance (see Exhibit D). To address the concerns of residents in the Kensington PUD, the applicant has also committed to providing a 50-foot front yard setback from Eatonwood Lane to the south (instead of the 25-foot front yard setback of the PUD), as well as a one-story building projection along this roadway's frontage, such as a covered entrance (as shown on the right side ofthe building in Exhibit D, It is staffs opinion that these embellishments will provide ample mitigation to diminish the impact of the building's increased length, 2, The applicant seeks to allow the location of stormwater management facilities, a bike path/sidewalk, undergl'Ound utilities and fire access in the FP&L easement running along the westem boundary of the site. Staff is not opposed to the applicant's utilization of the FP&L easement for these uses, and as explained in the Deviations portion of this report below, actually encourages the location of the multi-use path there. However, as noted in the Development Conditions, at the time of SDP review and approval the applicant will be required to submit an executed use agreement with FP&L that permits utilization of the easement area fOI' these uses. 3. The applicant seeks to allow a bank or other depository institution to be constructed in the northern portion of the PUD without a signalized intersection, as the PUD currently requires. The applicant is proposing to amend this requirement since Transportation Planning staff has now determined that a signal is no longer proposed for the intersection of Livingston Road and La Costa Road, which, unless this requirement is amended, would forever preclude the PUD from developing a bank on the site. 4. The applicant seeks to delete outdated language to permit shared access on the County- owned property north of the site subject to an access agreement, as an access agreement has already been struck with Collier County at this location. Therefore, the proposed amendment would clarify that the developer will be responsible for the access' construction, maintenance, drainage and landscaping. Furthermore, it would also permit shared access with the Related GI'OUP PUD (the La Costa Apartments) to the northwest. 5. The applicant seeks to revise language to require the developer to construct turn lanes at both of the project's Livingston Road entrances, instead of at just one as currently required. Deviations As already noted, the petitioner is proposing a deviation, outlined in Section VII of the amended PUD document, to seek relief from the provision of LDC Subsection 6,06,02.A.I" which requires sidewalks and bike lanes to be constructed in rights-of-way. The petitioner's rationale for this deviation is to permit the option oflocating the required Hiwasse PUDA.2007.AR.12322 May 1, 2008 CCPC Page 50f9 Agenda Item No. 8A June 24, 2008 Page 16 of 75 sidewalk/bike lane on the existing service road located within the FP&L easement on the site, which would assist TranspOltation Pathways staff in their attempt to provide a multi-use bicycle/pedestrian pathway in the FP&L easement that would ultimately run the entire length of the easement, thereby linking Pine Ridgc Road to Goldcn Gate Parkway. As such, staff supports this deviation. However, if for some reason the applicant can not provide the multi-use pathway in the FP&L easement, which is contingent upon approval by FP&L of an easement use agreement (see Condition of Approval 1), the applicant would be required to locate the sidewalk/bike lane along Livingston pursuant to LDC Subsection 6,06.02.A.1., or provide payment in licu. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant duly noticed and held the NIM on February 20, 2008, at Hawthorne Suites of Naples on Pine Ridge Road. Approximately six people attended, most of whom identified themselves as residents of Kensington. Also present were County staff, the applicant and his agent. Most of the questions posed by attendees focused on the potential shared access with the La Costa Apartments and the County's proposed multi-use pathway within the existing FP&L easement. The Related Group PUD's approved ordinance (Ordinance No. 96-24) states that one access point on Livingston Road would be optional and "shall be subject to the County Access Management Guidelines." Attendees who reside in Kensington in the vicinity of this potential intercotmect between the proposed nm.them access to Hiwasse PUD and the La Costa Apartments complained about the existing noise caused by vehicles' stereos, and the fact that this unpleasant situation would only be further exacerbated by the glare of headlights if an interconnect were constructed. As such, these residents asked the applicant to consider mitigation such as a masonry wall or landscaping to buffer these impacts; or to possibly realign the interconnection altogether. Several attendees were also opposed to an alignment of the County-proposed multi-use pathway within the existing FP&L easement since it would allow bicyclists and pedestrians access to travel "behind their entrance gate." To rectify this situation, the applicant has re-aligned the pathway so that users would enter or exit it at a location in front of the Kensington cntrance gate rather than behind it. It should be noted that onc resident stated that she was pleased by the proposal, as the development's structures would act as a sound bllffer against traffic on Livingston Road which she hears from her home on High Street, which runs parallel to Livingston inside Kensington PUD, Finally, one resident was concerned about noise coming from the self-storage warehouse since, based on his experience, contractors often use self-storage units as workshops. To assuage this resident's concerns, the applicant stated that the self-storage would be indoor only and manned 24- hours so that no one would be able to utilize a unit as a workshop. Staff has received via email three letters from area residents, which have been attached to this staff report under the heading Attachment 4. One letter reiterates the issues above; another is concerned about Transportation Planning's decision not to require a traffic signal at Livingston and Eatonwood Lane; while the third opposes the requested change to permit one self-storage unit to be 270 feet long since 150 feet was what was originally approved. Hlwass. PUDA-2007-AR-12322 May 1. 2008 cepe Page 6 of 9 Agenda Item No. 8A June 24, 2008 Page 17 of 75 RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDA-2007-AR-12322 to the Board of County Commissioners with a recommendation of approval, subject to the following conditions: 1. The applicant shall submit to the County at the time of snp review and approval an executed use agreement with FP&L authorizing the construction of the permitted uses in the FP&L easement. ATTACHMENTS: I. Rezone Findings 2. PUD Findings 3. Ordinance No. 04.75 4. Letters of Objection Hiwasse PUDA-2007-AR-12322 May 1, 2008 CCPC Page 70f9 I Agenda Item No. SA June 24, 2008 Page 18 of 75 PREPARED BY: ~/ .J-1~L__ ATE I ~ JO -DAVID MOSS, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: Df\~AU:- -00\' ~J! I--uLR--uJ,.; - /):(.J-JLL.;'1 MARJO M. STUDEN -STIRLING \,J ASSISTANT COUNTY ATTORNEY 4/ (-'1/08 , DATE 1h-~~.. RAY ND V. BELLOWS, MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW +/r;/J!?S ATE SUSAN ISTENES,AICP,DIRECTOR r'! _JJ?-t~?E~--- DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: EPH K. SCHMITT, ADM ISTRA TOR MMUNITY DEVELOPMENT & NVIRONMENTAL SERVICES DIVISION f..,t r I DATE Tentatively scheduled for the May 27, 2008 Board of County Commissioners Mccting. COLLIER COUNTY PLANNING COMMISSION: ~Jf~ MA P. STRAIN, CHAIRMAN 5'-- / -08 DATE Hiwasse PUDA-2007-AR-12322 April 17, 2008 cepe Page 8 of B Attachment 1 Agenda Item No. 8A June 24, 2008 Page 19 of 75 REZONE FINDINGS PETITION PUDA-2007-AR-12322 Hiwasse CPUD Chaptcr 10,03.05.G of thc Collier County Land Development Codc requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. Findings: Page two of the staff rep0l1 explains how this petition is consistent with the Future Land Use Map (FLUM) and the Growth Management Plan (GMP). As stated, the subject property is designated Livingston Road/Eatonwood Land Commerical Infill Subdistrict. The development intensities allowed by the Subdistrict are 9 I ,000 square feet of professional medical or office use, including a bank; andlor up to 200,000 square feet of indoor self-storage. Should a mix of officc and indoor self-storage facilities develop on the property, for each two square feet of indoor self-storage area, one square foot of allowed office area shall be reduced. These maximums are the same for the hiwasse CPUD. Therefore, the project is consistent with the GMP. 2. The existing land use pattern; Findings: The subject site is bordered by residential PUDs and the A zoning district. However, the GMP plans for the proposed uses in the Livingston RoadlEatonwood Lane Commerical Infill Subdistrict. 3. The possible creation of an isolated distl'ict unrelated to adjacent and nearby districts; Findings: Approval of the subject petition would not create an unrelated isolated district. As noted above, the GMP anticipates the llses planned for by the CPUD. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Findings: The existing boundaries ofthe subject property are not itTegularly drawn. The location map on page two ofthe staff rep0l1 highlights the logical boundary of the subject parcel. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary, Findings: The proposed PUDA is not indispensible. However, the request is reasonable because the property owner would like to maximize the portion of the property adjacent Page I of3 Attachment 1 to Livingston for the site's buildings (while still respecting the permitted square footages), while at the same time as relocating stormwater management facilities and the sidewalk/bikeway to previously underutilized areas of the site. Agenda Item No. 8A June 24, 2008 Page 20 of 75 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Findings: The proposed changes to the Hiwasee CPUD will not adversely affcct the living conditions in the neighborhood. However, some residents immediately adjacent to the project are concerned about the interconnection to the La Costa Apartments, which they fccl will exacerbate the noise already coming from that community and wi11 create new headlight-glare issucs. 7. Whether the proposed change will create or excessively increase tr'affic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Findings: The proposed change will have any impact on traffic congestion. 8. Whether the pl"Oposed change will crcate a drainagc problem; Findings: The proposed change should not create drainage or surface water problems, as the existing water management system is designed to prevent drainage problems on the site. Additionally, the LDC and GMP have regulations in place to ensure review for adequate drainage on the proposed CrUD. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Findings: The proposed change will not have an adverse impact on adjacent prope11ies in terms of the reduction of light or air. 10. Whether the proposed change will adverscly affect property valucs in the adjacent area; Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property. Prope11y valuation is affected by a host of factors including zoning; however zoning by itself mayor may not affect values, since value dctermination is driven by the market. There is no guarantee that the project will be marketed in a manner comparable to the surrounding developments. 11, Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with cxisting regulations; Findings: The adjacent prope11ies are already almost all developed. 111erefore, the proposal would not be a deterrent to their improvement. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Page 2 of3 Attachment 1 Agenda Item No. 8A June 24, 2008 Page 21 of 75 Findings: As stated, the proposed amendment complies with the Livingston Road/Eatonwood Lane Commerical Infill Subdistrict designation of the GMP. Furthermore, land use applications are subject to a public hearing process to insure that they do not constitute a grant of special privileges or are inconsistent with other properties in the vicinity in which they are situated. 13. Whether thCl'e are substantial reasons why the property cannot be used in accordance with existing zoning; Findings: As the Transportation Depal1ment is no longer plaruJing to install a light at the previously anticipated intersection, the applicant would forever be precluded from developing a bank on the site, which is a permitted use. 14. Whether the change suggested is ont of scale with the needs of the neighborhood 01' the County; Findings: The proposed amendment conforms to the goals and objectives of the GMP and is therefore compatible with the surrounding property. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Findings: There are many sites that are already zoned to accommodate the proposed development; however this is not the detelmining factoI' when evaluating the appropriateness of a rezoning decision. The proposed PUDA was reviewed and deemed compliant with the GMP and the LDC. 16. The physical characteristics of the property and the degree of site alteration, which would be required to maI{e the property usable for any of the range of potential uses under the proposed zoning classification. Findings: Any development would require some site alteration and the subject site will have to cleared to execute the development of the proposed project. 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 thl'ough the Collier County Adequate Public Facilities Ordinance, as amended. Findings: The proposed CPUD amendment will have not have a greater impact on public facilities or services than the existing, approved CPUD. Page 3 on Attachmcnt 2 Agenda Item No. 8A June 24, 2008 Page 22 of 75 FINDINGS FOR PUD PETITION PUDA-2007-AR-12322 Hiwasse CPUD Section 10.02.13 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' 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, sewcr, water, and other utilities. Findings: The project is located within the the PUD is consistent with thc provisions of the Livingston Road/Eatonwood Lane Commerical lnfill Subdistrict. The development intensities allowed by the Subdistrict are 91,000 square feet of professional medical or office use, including a bank; and/or up to 200,000 square feet of indoor self-storage. The proposed PUD amendment is, therefore, consistent with the Future Land Use Element (FLUE) of the GMP. The minor changes to the Cl'UD will not affect surrounding areas, traffic and access, drainage, sewer, water 01' other utilities. However, it should be noted that the development of the CPUD will have to be in accordance with all applicable sections of the Land Development Code (LDC) and Growth Management Plan (GMP) at the time of issuance of any development order. 2. Adequacy of evidence of unified control and suitability of any pl'Oposed agreements, contract, 01" other instruments, or for amendments in those PI'oposed, 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: Evidence of unified control was provided with the application. All arrangements for the continuing operation and maintenance of the Hiwasse CrUD were made at the time of the original rezone and willllot be affected by this PUDA. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). Findings: Thc project as proposed is consistent with the Future Land Use Map (FLUM) which designates the subject property as Livingston Road/Eatonwood Lane Commerical Infill Subdistrict. The subject petition has bccn found consistent with the goals, objectives and policies of the GMP, as explained on page two of the staffreporl. 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. Findings: Section 4.07.02 of the LDC has specific development requirements for PUD districts to insure that they are compatible with established or planned uses of the Page I of2 Attachment 2 Agenda Item No. 8A June 24, 2008 Page 23 of 75 sUlTounding neighborhoods. As noted in the staff report, the subject parcel is located in the Livingston Road/Eatonwood Lane Commerical Infill Subdistrict, which permits 91,000 square feet of professional medical or office use, including a bank; and/or up to 200,000 square feet of indoor self-storage. As such, the project will be compatible both internally and externally. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Findings: The minimum 30 percent open space requirement of the LDC would be met if this amendment were approved. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Findings: No capacity issues would be created by the approval of this petition. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Findings: No further expansion would be pe1mitted on the Hiwasse CrUD, and approval of this petition would not affect surrounding areas. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications arc justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Findings: Staff has reviewed this petition and found it to be consistent with the Future Land Use Element (FLUE) and all the elements of the GMP and the CPUD regulations. Page 2 of2 OHUINANCENO.04--2-5- AN ORDINANCE OF THE BOARD OF COUN'fY COMMISSIONERS OF COLLIER COUNTY, FLORlDA, AMENDING ORDINANCE NUMBER 2004-41, THE COLLIER COUN'fY LAND DEVELOPMENT CODE AS AMENDED, WHICH INCLUDES THE C'OMPREHENSIVE ZONING REGULA nONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY. Fl.ORIDA BY AMENDING 11m APPROPRIATE ZONINO ATLAS MAP OR MAPS; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPER'fY fROM "A" RURAL AGRICULTURAL ZONING DISTRICT TO "PUD" COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO BE KNOWN AS TilE HIWASSE CPUD CONSISTING OF A MAXIMUM OF 91,000 SQUARE FEET OF PROFESSIONAL OFFICE AREA IN A BUILDING CONTAINING A MAXIMUM OF 200,000 SQUARE FEET OF INDOOR-SELF STORAGE AREA WITH A MAXIMUM ZONINO HEIGHT OF THREE (3) STORIES OR THIRTY. FIVE (35) FEET LOCATED ON THE WEST SIDE OF LIVINGSTON ROAD APPROXIMATELY ONE-QUARTER MILE SOUTH OF PINE RIDGE ROAD, IN SECTION 13, TOWNSHIP 49 SOUTH. RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 12.5" ACRES; AND BY PROVIDING AN EFFECT/VE DATE. WHEREAS. Robert L. Duane, AICP, of Hole Montes and Associates, representing Hiwassc. (oc., through PUDZ-03-AR-3561, petitioned the Board of County Commissioners to change lhe zoning classificatioo of the herein d~scribed real property. j-':. l~'> :- : NOW, THEREFORE. BE IT OR DArNED by tbe Board of County Commissi'~~cr5 oE ,', Collier COUnly, Florida, lhat: C':" f.' ''', ~ :..., ~':' ~r,(~ SECTION ONE: The zOlling classification of the herein described real property located in sec~R'\ 13~~ Township 49 South, Range 25East. Collier County, Florida, is changell from "A" Ruml Agricultural zoning d istdct to "PUD" Commercial Planned Unit Development (CPUD) in accordance with the "Hiwasse" CrUD Document, auached hereto 8S Exhibit "A" and ln90rporated by reference herein. The appropriate zoning BlIas map or maps, as described itl Ordinance Number 2004~41, as amended, the eorlier County Land Development Code, is hereby amended accordingly. SECT/ON TWO This Ordinance shall btcome effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of Courtty Commissioners of Collier County, Florida, this 16lh day of November, 2004. GOARD OF COUNTY COMMISSIONBRS COLLIER CO Ty.FLORIDMA _ BY, ""' DONNA FIALA. CHAIRMAN lhl. oodJ"""'" mod wIll> 'fIfto ~of i~eee:,r iU!3? day ", ond_. ~"M' fltI .-ll1h dot of Patrick G. W lite Assistant County Attorney PUDZ;-200J .AR. J 56! IRS/sf' By Puge I of I '"--.-. -"-, Agenda Item No. 8A June 24, 2008 Page 24 of 75 Attachment 3 , , ~ ~'J e, ." ~l'i "::~ .... ..... o - ..... N - co > W a:: en '<t W .... Lt>::l N NO .... 0 C::OO ct::l~ l~tc...... ~wge OWNM ~f/)..!:: X(Ilt;co WctOl" O~'o.E! ::l_"'ns c..:I:c..O t. Agenda Item No. 8A June 24, 2008 Page 25 of 75 H[W ASSE A PLAXNED UNIT DEVELOP~fENT PREPARED BY: ROBERT L. DUANE, A.r.C.P. HOLE MONTES, INC. 950 ENCORE WAY AND NAI'LES, FLORIDAJ4110 RICHARD YOV ANOVICH, ESQ. GOODMAN, COLEMAN & JOHNSON 4001 TAMIAMI TRAIL N., STE. 300 NAPLES, FLORIDA 34103 HM PROJECT 2001076 NOVEMBER,2002 Date Reviewed by CCPC: Date Approved by BCC: I>lm">mh,, r 1 h. 2004 Ordinance No. 2004-75 Amendments & Repeals EXHIBIT "A" : 'I. .. ',.> ~ :",. "'::;''::\::'.~':~: '.'._,:1.:,,~ -,.......- Agenda Item No. 8A June 24, 2008 Page 26 of 75 TABLE OF CONTENTS Puge SECTlO~ I Statement ofCompJiance ...."."................,,,,,..,,.,,....................,,,................,,.... 3 SECTION II Property Ownership, Legal Description, Short Title and Statement ofUnificd Control.".........................,................,.......,....................... 4 SECTION III Statement ofIntent and Project Description......................................... j SECTION IV General Development Regulations.....................................................6 SECTION V Permitted Uses and Dimensional Standards for Commercial Developmem.... 1 J SECTION VI Development Commitmems. ....... ...... ..... ......... .............. ..... ........ ....1 5 EXHIBITS Exhibit A - PUD Master Plan Exhibit B - Legal Description Exhibit C - Landscape Detail and View Elevation .. : ;i'....,.~,_. !tl " '\'C: ~.,--'-- Agenda Item No. SA June 24, 2008 Page 27 of 75 SECTION [ ST A TE:\IENT OF COMPLIANCE The development of +12.52 acres of property in Section 13, Township 49 South. Range 25 East Collier County, Florida, as a Planned Unit Development to be known as the Hiwasse PL'D. will be in compliance with the goals, objectives, and policies of Collier County as set fonh in Ihe Growth Management Plan. The commercial uses of the project will be consistent with rhe growth policies, land development regulations and applicable comprehensive planning objectives of each Jf the elements of the Growth Management Plan for the following reasons: 1.1 The property is located in the Livingston Roacl/Eatonwood Lane Commercial lnfill SubDistrict as depicted on the Collier County Future Land Use Map. This SubDistrict allows professional and medical offices and indoor-self storage facilities to serve surrounding residential areas that are proposed uses in this PUD. 1.2 The maximum allowed development intensities in the Livingston Road/Eatonwood Lane Commerciallnfill Subdistrict include 91,000 square feet of professional or medical office use in buildings containing a maximum height of thirty-five (35) feet, or 200,000 square feet of indoor self-storage area in buildings containing a maximum of three stories and a maximum height of fifty (50) feet. Should a mix of office, medical and indoor self- storage facilities develop on the property, for each two square feet of indoor self-storage area, one square foot of office area shall be reduced from the maximum allowable office or medical use area permitted, Access to the property within the Sub-district shall be from one of two access points depicted on the PUD Master Plan on Livingston Road that can be found consistent with Collier County Access Management standards. No access is pennitted from Eutonwood Lane. The proposed development intensities for the Hiwasse PUD include a maximum of 91,000 square feet of professional or medical office area in buildings containing a maximum height of thirty-five (35) feet, or a maximum of200,000 square feet of indoor- self-storage area with a maximum height of three (3) stories of thirty-five (35) feel. Therefore. consistency with the Future Land Use Element ("FLUE") can be established with the proposed development intensities for the Hiwasse PUD. 1.3 The subject property's location in relation to the existing or proposed community facilities and services SUppol1S the development's commercial uses as required in Objective 2 of the FLUE. I'" The proposed development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 1.5 Improvements are planned to be in compliance with appiicnble land development regulations as set forth in Objective 3 of the FLUE. 1.6 The proposed development will result in an efficient and economical extension of community facilities and sen'ices as required in Policy 3.1. G of the FLUE. t. 7 All final del'elopment orders for this project are subject to the Collier COllnty Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance in Division 3.15 of the Land Development Code and furtherrequired by policy 2.3 of the FLUE. 1.8 Tbis PleD shall not become d'feclive until petition CPSP 2003 - 12 is adopted by the Cullicr COUl1lY Board ofCL111ll11issioners J , . ~ ,j.: :w:\.",... :11 "':' ~'i\.:t:::~_.:~~ ~.'':.. !.,l,lt; -',-..... Agenda Item No. 8A June 24, 2008 Page 28 of 75 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND ST A TEME'!T OF UNIFIED CONTROL 2.1 PROPERTY OWNERSHIP The property is owned by Hiwasse Inc. 2.2 LEGAL DESClUPTlON The legal description is provided for in Exhibit "B". 2.3 GENERAL DESCRIPTION OF PROPERTY The property is located on the west side of Livingston Road approximately one-quarter (y.) ofa mile south of Pine Ridge Road. PHYSICAL DESCRIPTION The subject property is vacant at the time of the application for rezoning. The soil classification for thc subject property is Holopaw Fine Sand, Limestone Substratum. The property is located in Flood Zone X. The zoning classification prior to the date of approval of this PUD was Agricultural (A). 2.'1 SHORT TITLE This Ordinance shall be known and cited as the "Hiwasse Plarmed Unit Development Ordinance". 2.5 STA TEMENT OF UNIFIED CONTROL This statement represents that the cllrrent property owner has lands under unified control for the purpose of obtaining PUD zoning on the subject property. -l : :h\::~:,.: i" ". !"":~~i~'.~':l~ - .'~--': ,':,).: ---.', ----- -" --- Agenda Item No. 8A June 24, 2008 Page 29 of 75 SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 INTRODUCTION It is the intent of this Ordinance is to establish a Planned Unit Development meeting tbe requirements as set forth in Section 2.2.20 of the Collier County Land Development Code (LDC). The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. 3.2 PROJECT DESCRIPTION The project contains 12.5 acres and includes 7.55 acrcs in a Florida Power and Light eascment area. The proposed uses are a mix of professional office and medical uses and indoor-self storage facilities. Access will be provided from Livingston Road. The Florida Power and Light ("FPL") Easement Area that creates a separation from residential uses to the west will remain ill open space. 3.3 LAND USE PLAN AND PROJECT PHASING A. The PUD Master Plan provides for areas of commercial use, water management areas, open spaces and road rights-of-way as depicted on the PUD Master Plan Exhibit "A". The PUD Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of Site Development Plan and permitting approval, based on compliance with all applicable requirements of this Ordinance, the LDC and local, state and federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. B. The anticipated time of build-out of the project is approximately four (4) years from the time of issuance of the first building permit, or 2006. However, actual build-out will depend on market conditions. 5 . ;:.' : ~!,;. ~ li\\ :l.~( ,.'.! ,! ';.. I)c '....,tn,~.:,~ ~. ~-n.L,I. \~ Agenda Item No. 8A June 24. 2008 Page 30 of 75 SECTION IV GENERAL DEVELOPMENT REGULATIONS The purpose of this Section is to set forth the development regulations that may be applied generaJly to the development of the Hiwasse Planned Unit Development and Master Plan. 4.[ GENERAL The following are general provisions applicable to the PUD Master Plan: A. Regulations for development of the Hiwasse PUD shall be in accordance with the contents of this document, the PUD Planned Unit Development District and other applicable sections and parts of the LDC and the Collier County Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements. The developer, his successor or assignee, agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as ma)' be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this agreement. B. Unless otherwise noted. the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Hiwasse PUD shall become part of the regulations that govem the manner in which this site may be developed. D. Development permined by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. E. Unless specifically waived through any variance or waiver provisions of any other applicable regulations, the provisions of those regulations not otherwise provided for within this PUD remain in full force and effect. In the event there is a conflict between the regulations established in the PUD or any other regulations. the regulations within the PUD shall prevail. 4.2 SITE CLEARING AND DRAINAGE Cle<U'ing, grading, earthwork. and site drainagc work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document in effect at the time of construction plan approval. 4.3 EASEMENTS FOR UTILITIES Easements. where required. shaH be provided for water management areas, utilities and othor purposes as may be required by Collier County. AH necessary easements. 6 :'.-.:~" I. : !i..ra~.~-.: pl."n 1)\~t'l:l1':I~: . :..:-1,jp<.. Agenda Item No. 8A June 24, 2008 Page 31 of 75 dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with the applicable regulations in effect at the time construction plans and plat approvals are requested. Easements dedicated to Collier County shall be counted toward tbe County's open space and the retention of native vegetation requirements. 4.4 AMENDMENTS TO THE ORDINANCE The proposed PUD Master Plan is conceptual in nature and subject to change within the context of the development standards contained in this Ordinance. Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 of the Collier County LDC, in effect at the time the amendment is requested. 4.5 PROJECT PLAN APPROVAL REQUIREMENTS Exhibit "A", the PUD Master Plan, constitutes the requited PUD development plan. Subsequent to, or concurrent with PUD approval, a preliminary subdivision plat (if required) shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to the recording of the fmal subdivision plat, when required by the subdivision regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County subdivision regulations and the platting laws of the State of Florida. Prior to the issuance of a building penuit or other development order, the provisions of Section 3.3, Site Development Plans, shall be applied to all platted parcels, where applicable. Should no subdivision of land occur, Section 3.3 shall be applicable to the development of all tracts as shown on the PUD Master Plan. 4.6 PROVISION FOR OFFSITE REMOVAL OF EARTHEN MA TERlAL The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, offsite disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "development excavation" pursuant to Section 3.5.5.1.3 of the LDC, wqereby off site removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of20,000 cubic yards. 7 '. i. :\,::!,".' ~ . .!~._~51~ 1. ! li\\'.:ls~c\J)t 'D /)0['11111<::01 ~-:::.(U.,lol.i -..-..1 Agenda Item No. SA June 24, 2008 Page 32 of 75 B. A timetable to facilitate said removal shall be submitted to the Development Services Director for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 of the LDC are applicable. 1 4.7 SUNSET AND MONITORING PROVISIONS The Hiwasse PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3 .6, Monitoring Requirements. 4.8 POLLING PLACES Polling places shall be provided in accordance with Section 3.2.8.3.14 of the Collier County Land Development Code. 4.9 NATIVE VEGETATION The project shall meet the requirements of Division 3.9, Vegetation Removal, Protection and Preservation of the LDC for the subject property. 4.10 OPEN SPACE The total aggregate of such open space areas shall meet or exceed the open space requirements of Section 2.6.32 of the LDC and are met within the FPL easement area. 4.1 I ARCHAEOLOGICAL RESOURCES The developer shaH be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event such resources are contained On the property. 4.12 COMMON AREA MAINTENANCE Common area maintenance, including the maintenance of common facilities, open spaces, and water management facilities, shall be the responsibility of a homeowners' association to be established by the developer. 4.13 OFF STREET PARKING AND LOADING All off street parking and loading facilities shall be in accordance with Division 2.3 of the Collier County Land Development Code. 4.14 LANDSCAPING All landscaping shall be in accordance with the requirements of Division 2.4 of the Collier County Land Development Code. However, an enhanced Type "B" buffer will be provided along the eastern edge of the FPL Easement Area subject to their approval. A cross section of the enhanced buffer area is provided on Exhibit C: Landscape View and Detail. At the time of SDP approval, a letter shall be provided from FLP, stating that the enhaneed "B" Buffer area meets with their approvaL. S . " :k::.'\'.:; .-\R-~'<6i. Illwa$Sc'.Pl!1l f)1tC'~mK':~: -..<';~11~.J(1C -"'j-. Agenda Item No. 8A June 24, 2008 Page 33 of 75 ".15 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Hiwasse PUD. General permitted uses are those uses which generally serve the Developer and occupants of the Hiwasse PUD and are typically part of the common infrastructure or are considered community facilities I: A. General Permitted Uses: I. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including the necessary access ways, parking areas and related uses to serve such offices. 5. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 4.14 of this PUD. 6. Any other use which is comparable in nature with the foregoing list of permitted accessory and principal uses, as determined by the Board of Zoning Appeals ("BZA"). B. Development Slandards~ Unless otherwise set forth in this Document, the following development standards shall apply to structures: I. Setback from back of curb or edge of pavement of any road - Ten feet (10'). 2. Setback from PUD boundary - Fifteen feet (15'), however, berms for water management facilities may he constructed within five (5) feet of a property line provided all other appl icable requirements of this Ordinance and the LDC are met. 3. Minimum distance between unrelatcd structures - Ten feet (10'). 4. Maximum height of structures - Twenty-Five feet C~5'). 5. Minimwn lot or parcel area - 10,000 square feet. 6. Standards for parking, landscaping, signs and other land uses where such Sl<mdards are not specified herein or within the Hiwasse PUD design guidelines :lI1d standards are to be in accordance with LDC in effect at the 9 :; '. \.-.." '......... ,.,.'......:mn:i --',-..~ l!t)~ Agenda Item No. 8A June 24, 2008 Page 34 of 75 time of site development plan approvaL 4.16 SIGNAGE A. General: I. All Collier County sign regulations, pursuant to LOC, Division 2.5, Signs, in force at the time of sign permit application shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. 2. Signs shall be permitted in private rights-of-way. 3. All signs shall be located so as not to cause sight line obstructions. 4. All internal project rights-of-way, drive aisles, or access easements may be utilizcd for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set for herein. B. Traffic Signs: I. Traffic signs such as street signs and speed limit signs may be designed to reflect a common architectural theme. The placement and size of the signs shall be in accordance with DOT criteria. C. Wall Mounted Signs I. Wall mounted signs shall be individual letters mounted separately or on a continuously wire raceway in a color to blend with the background. Box type signs are not permitted. 2. Building signs shall be placed within a horizontal signage band around the building perimeter that does not exceed Collier County requirements. D. Colors I. Harmonious color schemes for signs are required but corporate identity variations are acceptable. Signs with multi-color letters are not permitted. 4.1 7 ARCHITECTURAL AND SITE DESIGN STANDARDS A. Applicability I. The "Architectural Standards for Livingston Road/Eatonwood Lane Commerciallnfil! Subdistrict" have been created by the developer to promote a visually harmonious framework for all developments within the PUD boundaries. It establishes minimum design standards to enhance compatibility with adjacent properties and to assist architects in designing 10 G:\Bellows\AR-3S6!, Hiwasse\PUD Document 7-8-04.doc -...........,--~- Agenda Item No. 8A June 24, 2008 Page 35 of 75 appropriate property improvements. These standards replace related portions of the Collier County Architectural Guidelines (LDe Division 2.8) as noted. All other portions of the Collier County Land Development Code (LDC) and all other codes with jurisdiction shall remain in full force to the extent they are not inconsistent with the provision of this pun. B. Intent L The intent of this standard is to establish architectural requirements that promote a common architectural theme for the professional/medical offices and indoor self-storage buildings on the site and to harmonize with adjoining property uses. C. Building Design Requirements AU Collier County Land Development Code Division 2.8 requirements shall apply to outside storage areas except as noted below: I. ModifY LDC 2.8.3.5.11 - Entryways/Customer Entrance Treatments as follows for indoor self-storage buildings over 20,000 square feet. a. Purpose and intent. Entryway design elements and variations are intended to give protection from the sun and adverse weather conditions. These elements are to be integrated into a comprehensive design style for the project. b. Entryways / customer entrance standards. These standards identifY appropriate entry features. c. Single use buildings. Single use buildings shall have clearly defined, highly visible customer entrances which shall include the following: (I) decorative landscape planters or wing walls which incorporate landscaped areas; and (2) structural or vegetative shading. (3) front entry shall be set back from the drive a minimum distance oflS feet. 2. ModifY LDC 2.8.4.4, I 0 - Entryways/Customer Entrance Treatments as' follows for indoor self-storage buildings over 10,000 square feet to 20,000 square feet. a. Purpose and intent. Entryway design elements and variations are intended to give protection from the sun and adverse weather conditions. These elements are to be integrated into a comprehensive design style for the project. b, Entryways / customer entrance standards. These standards identify appropriate entry features. 11 G:\Bel1ows\AR~3561. Hiwasse\PUD Document 7-8-04.doc .... Agenda Item No. 8A June 24, 2008 Page 36 of 75 c. Single use buildings. Single use buildings shall have clearl y defined, highly visible customer entrances which shall include the following: (I )qecorative landscape planters or wing walls which incorporate landscaped areas; and (2) structural or vegetative shading. (3) front entry shall be set back from the drive II minimum distance of 15 feet. I. Overall building dimcnsion shall not exceed 150 feet in either direction. \ I i i , 1 I 1 , i In addition to Collier County Land Development Code Division 2.8 requirements, the following is required: 2. The architectural style for the subdistrict shall be consistent throughout and shall be established by the initial building design and shall blend with surrounding developments. 12 :;_ . '. H,_ _.: ;"1 . " ~ '. .' ".:'.: 11' .':, ~ -.'~ _, '.1 ,.I, 'c ~--.,.,.-. Agenda Item No. 8A June 24, 2008 Page 37 of 75 SECTION V PERMITTED USES AND DLvlENSIONAL STANDARDS FOR COMMERCIAL DEVELOPMENT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and de\'elopment standards for area, within the Hiwa5Se peD designated for commercial development on the Pl:D Master Plan, Exhibit "A". 5.2 MAXIMUM DEVELOPl\'IENT INTENSrTY A maximum of 91,000 square feet of gross leasable floor urea of professionul und medical office use area is permitted or a maximum of 200.000 square feet of indoor-self storage area. Should a mix of office and indoor-self storage facilities develop on the property, for each two (2) square feet of indoor-self storage area. one (I) squure 1'001 of office area shall be reduced from the maximum allowable office area. 5.3 GENERAL DESCIUPTION The PUD Master Plan designates the tollowing uses for the general use designations on said Master Plan. AREA % ACRES % PERCENTAGE I. FPL Easement 2. Development Area 7.55 60.3% 4.97 39.7% TOTAL 12.52 100% The approximate acreage of the commercial area is depicted on the PUD Master Plan. Actual acreage of all development tracts will be provided at the time of site development plan or final subdivision plat approval in accordance with Article J, Division 3.3, und Division 3.2, respective I)', of the Collier County Land Development Code. Commercial areas are designed to accommodate internal roadways. Opell spaces, signs. water management facilities, and similar uses typically found in non-residential areas. 5.4 PERMITTED USES AND STRUCTURES No building or structure, or pan thereof, shall be erected, altered or used, or land llsed. in whole or part, for other than the following: A. Permitted Uses: I. Accounting, auditing and bookkeeping services (group 8721). 2. Business serdces (groups 7311,7313. 7371. 737~. 7374-7376.7379). 3. Depository institutions (groups 60 [I - 6099). 4. Offices for ~ngineer;ng. architectural. and surveying services (groups 0781. 8711-8713). 5. Health ser\'ic~s (groups 8011-8049). 13 'h:.:.~'.,.. ',!:;- :5'.-1. : liw:\s:.:..:.PI 'J) n"LLlll~,':-:: -. ,_ ..l ,L'.: -----~l.. ..n , Agenda Item No. 8A June 24, 2008 Page 38 of 75 6. 7. 8. 9. 10. Insurance carriers, agents and brokers (groups 6311-6399, 6411). Indoor-self storage facilities (group 4225). Legal services (group 8111). Management and public relations services (groups 8741-8743, 8748). Miscellaneous' personal services (groups 7291; 7299, debt counseling only). Real estate (groups 6531-6541). Security and commodity brokers, dealer, exchanges and services (groups 6211-6289). Transportation services (group 4724, travel agencies only). Veterinarian's office (group 0742), excluding outdoor kenneling. Any other use which is comparable in nature with the foregoing list of permitted principlc uses as determined by the Zoning Board of Appeals. 11. 12. 13. 14. 15. S. Accessory Uses and Structures 1. Accessory uses and structures customarily associated with commercial uses listed above. 5.5 DEVELOPMENT STANDARDS A. B. C. Minimum lot area - 20,000 square feet Minimum lot width -100 feet Minimum yard requirements: I. Front yard - 25 feet 2. Side yard - 15 feet or 0 feet adjacent to FPL Easement Area provided all other requirements of the LDC are met. 3. Rear yard - 15 feet or 0 feet adjacent to FPL Easement Area provided all other requirements of the LDC are met. Maximum height.- Thirty-five (35) feet Minimum floor area of principal structure - 1000 square feet gross floor area for each building on the ground floor. Lighting - Lighting facilities shall be arranged in a manner that protects roadways and neighboring properties from direct glare or other interference. Lighting shall be limited to a maximum height of twelve (12) feet in height along the western edge of the development envelope area adjacent to the FPL Easement Area. Distance between structures - If there is a separation between any two principal structures on the same parcel, said separation shall be a minimum of fifteen (15) feel or a distance equal to one-half (Y2) the sum of their heights, whichever is greater. However, indoor-self storage buildings shall have a minimum separation requirement of fifty (50) feet between individual self-storag.e buildings. Merchandise storage and display - Outside storage or display of merchandise is prohibited. Use of FPL Easement Area - Open space and landscape buffering shall be the only allowed uses permitted in the rPL Easement Area. , D. E. r. G. H. l. 14 . !~"'..;~'': :'1 ',1 :"!'h.:,:;'l~lH - .<':_;:.1 .-1;1': ---." Agenda Item No. 8A June 24, 2008 Page 39 of 75 The hours of operation of the self-storage buildings shall be limited to the hours of 7:00AM to 9:00PM. J. K. Depository Institutions are limited to the northern portion of the PUD only, and may only be developed at such time as a traffic signal has been installed at the intersection of LaCost?'Road and Livingston Road, 15 I, i: nl.'i:.l\~.; .l.f{.::561. Ili\\":\ss~\fl{.D DlIc1l!n~::: -s-. ,j ..k.: --'-" ...- , Agenda Item No. 8A June 24, 2008 Page 40 of 75 SECTlON VI DEVELOPMENT COMMITMENTS 6.1 ENVIRONMENTAL STANDARDS The purpose of this Section is to set forth the environmental commiuuents of the proj ect developer. A. Enviromnental pernuttmg shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Section Staff. B. Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.3 of the Collier County LDC. C. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site. with emphasis on the Preservation Area. shall be submitted to the Current Planning Section Staff for review and approval prior to final site plan/construction approval. A schedule for exotic removal within all Preservation Areas shall be submitted with the above-mentioned plan. D. The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a habitat management plan for these protected species shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction approval. E. The applicant shall be subject to ail environmental ordinances in effect at the time of development order approvals to which said regulations relate. 6.2 TRANSPORT A nON REQUIREMENTS The purpose of this Section is to set forth the transportation commiuuents of the project development. A. The developer shall provide arterial level street lighting at the project entrance. Such I ighting shall be in place prior to the issuance of any certificate of occupancy. B. The road impact fee shall be as set forth in the Collier County Consolidated Impact Fee Ordinance No. 2001-13 as amended and adopted in January 2003 and shall be paid at the time building permits are issued or as provided for by the Adequate Public Facilities Ordinance. C. Internal access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. D. All traffic control devices used shall conform to the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. \6 ~ :l.::;".,..~ .\R-.~5!"'L :!i\'.:l:<:-i~.[ll'D n,"um~nl ~-;':-(\.l.dllC ------'1. ~- , Agenda Item No. 8A June 24, 2008 Page 41 of 75 E. Shared access is pennitted north of the subject property as depicted on the PUD Master Plan, subject to an access agreement with the property owner to the north. If an access agreement for shared access cannot be reached, then only a right-in- right-out access is pefniitted from Livingston Road at an access point depicted on the PUD Master Plan'south of the shared access area. p, The developer shall provide a turn lane at the project entrance onto Livingston Road, at either pennitted access, prior to the issuance of the first certificate of occupancy for the first structure in accordance with the Collier County Public Right-of- Way Manual and Ordinance 82-91. 6.3 UTILITY REQUIREMENTS The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. A. Water distribution, sewage collection and transmission and interim water andlor sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County Jules and regulations. B. All customers 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. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off-site sewer facilities are available to serve the project. 6.4 ENGINEERING REQUIREMENTS A, Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans are submitted and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. B. Subdivision of the site shall require platting in accordance with Section J.2 of the LDC to define the right.of-way and tracts shown on the PUD Master Plan. C. The developer and all subsequent owners of this project shall be required to satisfy tile requirements of all County Ordinances or Codes in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to preliminary subdivision plat, site development plan and any other applications that will result in the issuance of a final development order. 6.5 WATER MANAGEMENT REQUIREMENTS The purpose of this Section is to set forth the water management commitments of the project developer. 17 G:\IleJlows\:\R-J561, Hiwassc\PUD Document ;-8.0-Ldoc ---" Agenda Item No. 8A June 24, 2008 Page 42 of 75 A. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines, with side, rear or abutting property lines fenced. B. Landscaping may be placed within the water management area in accordance with the criteria established within Section 2.4.7.3 of the LDC. C. The wet season water table elevation shall be established at the time of South Florida Water Management District (SFWMD) permitting, which is required for the subject property. 18 (J:\BelrO\\''i'AR~:3561. J.liwusscWI 'D Document 7.R-O~.doc --,".. ! i i i ~ ! r i I , ! "-'r-.,J I l~ ,--1 II II j i , II ,I Iii I! i I! -i I ~ I III i I E I .' I: !i II ,. II .! I IIi Ii l~ t! illl ~-_o Illl,~: 11!!i ~ ! I! !! III I::: ;: ~!i I I I .1, i111 iil : I : I ,. : II !! J :., -, I"i ! i ,I :: 'I I! f ! J : I II' :, , " lJ' II t II ! i : I \ I ! i p II ! i . ' . ~ t !! -, , if ! I r :! .-l'.M', , II i: mm_____________o..______ "-r-l;l <:::::::::::> <:---oo::>~,.i::;; I I 0 _______ IIIn~... ~j i :r ,,-----.. ro--o.o . I ' I - ---H--l I- ]'I I : RE=-B1JBMlT'rrr-- ,'-----. : : ji ri r _ /U... 01 I~ I. PUDZ-2003-AR-3561 I i ill Ii PROJECT 1/2002090002 ! i ii i DATE: 4/8/04 i ! ij ! RAY BELLOWS ! ij i 11:1 Ir~ til . ~!I!I ~ = .._.__.._.~_u_.._.._ ..-..-----.-.. , , , , ,.~ . 1'- .;:. . 'p , . ',f " . ..,. . ~ 'f ... . I ,'. . . ~ . . . . ,","'-.',-.- .-~ '~__'_.'_4~_.'_,._ "___n_.._..__ l , , , , , ) ! -', I Un =Sn . . . . i , '" = ~ ,= Ii ~ I J . i . ~ . Ii = e ; i f 10 -..--..-..--- Agenda Item No. 8A Ju"" 24, z:ooe Page 43 of 75 - " f ~, I I ~ i' . f (~ I I ~ ~ 1'1 .6 %, '" ct. '" m~ d !lw .. l~n j~fJI I if III : , , I ~ "' 0) 0) ~ % ~ , I .' ---r-~ Agenda Item No. 8A June 24, 2008 Page 44 of 75 EXHIBIT "B" LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN TIfE EAST HALF OF SECTION 13, TOWNSHlP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NOR'IHEAST CORNER OF SECTION 13, TOWNSHIP 49 SOUTII, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; TIlENCE RUN S.00oI5'37"E., ALONG TIlE EAST LINE OF THE NORTIlEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1319.79 FEET TO TIlE SOUTIIEAST CORNER OF TIlE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N.89023'53"W. ALONG THE SOUTH LINE OF TIIE NORTHEAST QUARTER OF TIIE NORTHWAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 120,01 FEET TO A POINT 120.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF TIlE NORTHWAST QUARTER OF SAID SECTION 13 AND TIlE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; TIIENCE RUN S.00'15'37"E., PARALLEL WITH THE EAST LINE OF TIlE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1321.49 FEET TO A POINT ON THE SOUTII LINE OF THE NORTImAST QUARTER OF SAID SECTION 13; TIlENCE RUN S.OO'09'4TE., PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 73,69 FEET TO THE MOST NORTHEASTERLY CORNER OF EATONWOOD LANE, A 130,33 FOOT RIGHT-Of-WAY, AS THE SAME IS SHOWN ON TIm PLAT OF KENSIGNTON PARK PHASE THREE-B ACCORDING TO THE PLAT TImREOF RECORDED IN PLAT BOOK 28 AT PAGES 5 AND 6 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.89050'I3"W., ALONG TIfE BOUNDARY OF SAID KENSIGNTON PARK PHASE THREE-B, FOR A DISTANCE OF 390.00 FEET; TIlENCE RUN N.00009'47''W., ALONG THE BOUNDARY OF SAID KENSIGNTON PARK PHASE THREE-B, FOR A DISTANCE OF 73.36 FEET TO A POINT ON THE sourn LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; TImNCE RUN N. 00)15'37''W.. ALONG THE BOUNDARY OF SAID KENSIGNTON PARK PHASE THREE-B, FOR A DISTANCE OF 1150.79 FEET TO THE MOST NORTIlEASTERL Y CORNER OF SAID KENSIGNTON PARK PHASE THREE-B; THENCE CONTINUE N.OO'15'37"E., ALONG TIIE BOUNDARY OF KENSIGNTON PARK PHASE 3A ACCORDING TO TIm PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 51 AND 52 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 176.24 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTIfEAST QUARTER OF SAID SECTION I3; THENCE RUN S.89'23'53'1O., ALONG THE SOUTH LINE OF TIIE NORTHEAST QUARTER OF THE NORTHEASTER QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 390.05 FEET TO THE POINT OF BEGINNING; CONTAINING 12.515 ACRES, MORE OR LESS. TIllS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESlRUCI10N OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 49 SOUTH, RNAAGE 25 EAST, LEE COUNTY, FLORIDA AS BEING S.OO'15'39"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 W,\2001\2001 07G\MJR\EXHlBIT B LEGAL DESCRIPTION.do, .-.-.......-...- , ~5 ~i IJ 'if , ij 8~ r~- q Ii & ~ ~ ~ fi 0 ~ " II I CtI)$l'IIllalon$!lo:fy iI' ~ ' I 4 HIWASSE INCORPORATED . . j. NAPL..l:S,I'I.ORlQA El(f-/IBIT Itel! -oir .____.. .. 0 r r.." . r ~ "' I J I I Hi wr:i ;(i ~tij i H:rl~ Hi ~ t!j tfiO fi ii~ i If I Ii i~t ifi i I ~ . If:. ,I II J ~ ,I U !' ,I iHI If !t it ! i i{ r: Ji a' II :,! It . J.! q q 11 ~ .~ '! " ~I ~I ~ O~"1l I_~ fz AQp.nrJp. Itp.m Nn. 8A q . ~ Jlme 24, 2008 ge 45 of 75 (i ,~ " ~I \li . % . "8 i _~~ iJ -~~-- -- -"""tiii;--- '1l ~ ,.~ ~~~ '1' ~ '1l ~ l:;~", ~~l:l ~ - - - ----n--- · ~ ~ n u . . ~ s; l:J H II ~ Ii ---..- - i '- orD ~ ~ J. Ro"n~ L1.lNrt~.!I, ~.-.-:_IIITtlm: .----- -.--.......----..- .~...~.,,~..._...__._-- I, ' I -I "I Agenda Item No. 8A June 24,2008 Page 46 of 75 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2004-75 Which was adopted by the Board of County Commissioners on the 16th day of November 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 17th day of November, 2004. \...~ ..... DWIGHT E. BROCK. . ,~,," . ':" Clerk of courtg-.~ria"cl~~i<:~ t _".,.. ~ . ~ Ex-officio to.. !,oalCd.iof.. . ",'Y _ . County Commilis'ion6rs""'.:; ~. ''';, ;. ~ (J; fJ~"v~;'~i<l: ~b . lit. l7)fJ~}fJ1!.'tJ: ~ t '. "'~':""." :i" "~'~'~.:)., .~~ ..: By: Heidi R. Rb2~l'lGL.a.';:f/)"." Deputy Clerk 'i'."J~\. ....,.'-'"'.. , . . , , . ~ . Hiwassee Agenda Item No. 8A June 24, 2008 A h P.aae 47 of 75 ttac ment" MossJohndavid From: Dalas Disney [Dalas@disneyarchitect.net] Sent: Wednesday, February 20, 20082:16 PM To: MossJohndavid Subject: RE: Hiwassee Mr. Moss, Thank you for the documents wh ich I received and reviewed today. As an adjacent home owner I have no objections to the revisions presented in the document you sent however you mentioned a revision that is not a part of these documents that I will find objectionable. The length restriction of 150' for the storage buildings should not be allowed to increase. I recall you mentioned 250' but perhaps I am mistaken. I wish to be on record as objecting to any increase in the length of any storage building. I suggest that buildings up to a maximum of 150' in length is what the original commitment was from the developer and this should remain unchanged. Please do not allow a last minute revision related to this item. Please place my comments in the record for Planning Commission and BCC meetings. Thank you. Dalas D. Disney, AlA Disney & Associates, PA 1865 Veterans Park Dr., Suite 301 Naples, Florida 34109-0447 239.596-2872 (voice) 239.596-2874 (Fax) da las@disneyarchitect.net From: MossJohndavid [mailto:JohnclavidMoss@colliergov.net] Sent: Wednesday, February 20, 2008 12:49 PM To: Dalas Disney SUbject: Hlwassee Dalas, Attached are the e-filesyou requested. Please let me know if you have any questions, <<PUDA Document strikethru-und 070912.doc>> <<APPLICATION-Evaluation Criteria.doc>> <<COVER LETTER Clean-RLD changes.doc>> <<080218 Master Plan Exhibit A_ 4065-PUD-1.pdf>> Jofin4Javicf :Moss, AICP 2/20/2008 Agendf~rnW ~A June 24, 2008 Page 48 of 75 MossJohndavid .,_._____...~_____.____.___.. . ___."..__ ,.___,'_.,_~_,_, ..... ....., '",...____..._...._ _. .._. .~.. ___"_'_" _________...__.'....____._..... ,u__......... _._._,.._____~'._~. From: Thomas W. Kaminski [Lucas_Davenport@msn.com] Sent: Tuesday, February 26, 200810:32 AM To: MossJohndavid Subject: HiwasselLaCostalCollier County Johndavid: Hope you are having a good start to your week. I tried to get these thoughts to you this past weekend, but as you know, I had a technical error in the e-mail address. Anyway, on reflection after the brief meeting last Wednesday evening concerning the captioned, a few things: 1. Clearly the Developer is not ready to go. starting at any time in the near future Is a complete guesstimate without a user or tenant In hand. 2. Without a user or tenant the meeting was premature and pointless from the Development perspective since they have no Idea what they might actually require when a user/tenant is identified. 3. The Meeting and whole modification really seems to have indirectly been about the shared access/easement, a potential relocated LaCosta entry, and some very confusing plan to provide a recreational walk or path beneath an FPL Easement buffering our Development This thought seems to be In lieu of a walk being placed up on Livingston mirroring the walk required and In place on the opposite side, and reducing by setback the total development area. At you convenience, please let me know If I am incorrect In my assessment of the meeting, As I mentioned at the meeting hearing some of these concepts completely cold I would have some serious concern over the proposed entry relocation for the following reasons: a. Would move a tremendous increase in vehicular and pedestrian traffic from busy/noisy Pine Ridge, to Livingston and a currently quiet corner of Kensington Residential Development. b. The impact of light transmission, overall and from headlights directly cast at Kensington Residential along with the related ambient noise, c, Both of the aforementioned concerns are 24/7, taking place at all hours of the day and night, d. The Pine Ridge "U-turn concern" Is simply the South Florida U-turn phenomena. If the entry is relocated it will simply move to the intersection of Livingston and Eaton Road penalizing the Kensington and Posltano Communities; numerous local traffic already regularly U-turn at Eaton at present. There is already considerable traffic buildup - increasing every day on Livingston, It should be studied at Naples rush periods, I am strongly opposed to any concept involving the ground under the FPL easement. Clearly, the only practical user or beneficiary of such a peculiar concept would be the Related Group PUD. Johndavid, thank you for receiving these thoughts, and for participating in this meeting. Tom Kaminski Ps; Do you know If there is any financial compensation being paid to the Developer by either 2/27/2008 Agen~~~~.~A June 24, 2008 Page 49 of 75 Collier County or the Related Group PUD In exchange for the proposed joint easement? Also, regarding the entry the word "relocated" was used at the meeting (as opposed to a second access point). However, because of where it would be located, and how It was described, the same concerns would apply regardless. 2/27/2008 Message Agendpalfl!n1 f'./5f flA Ju[ff,-24, 2008 Page 50 of 75 MossJohndavid From: Fred Steele [fpsteele4336@comcast.net] Sent: Monday, April 07, 2008 4:29 PM To: MossJohndavid Cc: nancyblack49; Lisa Coto; Ed De Armas; Mary De Armas; Bill Shirkey; Chuck Wicker Subject: HIWASSE PUD Modification John-David, Thank you for taking the time to explain the modification request for the Hiwasse PUD. You were very detailed in your explanation of the proposed modifioatlons requested by the developer. However, I was disappointed to learn that a traffic signal was not being installed to alleviate the current and future traffic problems at the Livington Rd and Kensington development intersection. Please pass on to the planning commission the displeasure from the Brynwood Preserve HOA for the lack of consideration in resolving this traffic problem. Installing a traffic light would have alleviated most of our concerns with this PUD. Best regards, Fred Steele 4/7/2008 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET (i) Agenda Item No. 8A June 24, 2008 Page 51 of 75 2800 NORTH HORSESHOEDRJVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 APPtICATI(mF~~':r:~~~~I:Pi~~ARir(~;\i;;~R: .' :~",~:',:{::~\.'. o AMENDMENT TO PUD (PUDA) . 0 PUl>~E~~Nld~UDi) . [JPU!l\!1:b PUDREZONE:(P;uii~::}h . PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER PUDA-2007-AR-12322 REV: 2 HIW ASSE PUD Project: 2002090002 Date: 1130108 DUE: 2128108 .. .,:c.:".._."", I . ....'-.:."'.."....,..;'."......-."...,,, , " , _" ""_ - ':",: ":'.: ;::,';/:' ::,:;;:.,t:~:~.::'c:.,:::,',:;:':~:;:':.:. APPLICANTiN.F~Rl\:ijirJ0N ......,.,.:....-.:,.....:-'.'...-:.:,.,-'.",:.:.'".<..'.- -'",-, '~.' " .J NAME OF APPLlCANT(S) ADDRESS 481 CARICA ROAD LIVINGSTON PROFESSIONAL CENTER, L.L.C. CITY NAPLES STATE FL ZIP 34108 TELEPHONE # 239-254-2000 E-MAIL ADDRESS, CELL # TOMT A YLOR@HMENG.COM FAX# 239-254-2099 NAME OF AGENT ADDRESS 950 ENCORE WAY ROBERT L. DUANE, A.I.C.P. CITY NAPLES TELEPHONE # 239-254-2000 E-MAIL ADDRESS: CELL # FAX# STATE FL ZIP 34110 239-254-2099 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSElF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Application For Public Heuring Por PUD Rezone 01/18/07 Agenda Item No. 8A June 24,2008 Page 52 of 75 .:..:.....~()ijj:~t~tji~:..,i~~:}j*~:i1;iN})/;(.j~.,;;:1'?-~fY\~:j~i~~~w': Complete the following for all Association(s} affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAiliNG ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAiliNG ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP I DiscJosureof Ib-te~est]nrormaW),if . - .., ._.,-..",. -,". "......-. ..... . I a. If the properly 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 ~.. .- .-- .- -.. Applicalion For ))ubtk Hearing Por PUD Rezone 01118/07 Agenda Item No. 8A June 24, 2008 b. If the properly is owned by a CORPORATION, list the officers and stockhol.fei'.!ltiill of 75 the percentage of stock owned by each. Name and Address Percentage of Ownershtp THOMAS M. TAYLOR, MGRM 100% LIVINGSTON PROFESSIONAL CENTER, LLC. A FLORIDA LIMITED LIABILITY COMPANY 481 CARICA ROAD .. NAPLES, FLORIDA 34108 .. c. If the properly is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Owners.hip -- - - d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of Ihe general and/or limited parlners. Name and Address Percentage of Ownership ~---~_.- -- _. -,-- -. "'.. Appliclllion PDT Public Hearing I-'or PUD Rezone 01118/07 Agenda Item No. 8A June 24, 2008 Page 54 of 75 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership - Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trusl. Name and Address g. Date subject property acquired [8J leased 0 Term of lease 9/11/06 yrs./mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipoted closing dale h. Should any changes of ownership or changes in contrads 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 an his behalf, to submit a supplemental disclosure of interest farm. AppJicalion For Public. Hearing For PUD Rezone 0[/18/07 ~'."'" '...:~<'; Detaileclle2al description of the property covered bv the apvlication: (If space is inadequale, attach on separale page.) If requesl involves change to more Ihan one zoning district, include separate legal description for property involved in each districl. Applicant shall submil four (4) copies of a ,ecent survey (completed wilhin the last six months, maximum 1"10400' scale) jf ,equired to do so allhe pre- application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range 13 / N/A 49 / 25 Lot: Block: Subdivtsion: Pial Book 41 D5 Page #: 2035 Property 1.0. #: 002589740001 Metes & Bounds Description: REFER TO EXHIBIT "A". LEGAL DESCRIPTION OF PROPERTY Size of ))I'opertv: 390 ft. X 1,400 ft. = Total Sq. Ft. 546,000 Acres 12.515 AddresS/2enerallocatioJl of slIbject prOllerlv: PUD District (LDC 2.03.06): 0 Residenlial 0 Community Facilities I;g] Commercial 0 Industrial I ADJACENT zol'illJNG:'Ar'lbfJ:jAND)!tt~$k': ........ . '; ~, ';i". ~. " ,.... '.I. Zoning Land use N PUD SPUD E A/PUD W PUD COUNTY STORMWATER POND, FP&L EASEMENT KENSINGTON PARK MAINT. BLDG & RES, EVANS PUD & FLP ARLINGTON LAKES, BRYNWOOD PRESERVE RESIDENTIAL KENSINGTON PARK RESIDENTIAL & GOLF COURSE 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 I / Lot: Plat Book Block: Subdivision: Page #: Property I.D. #: Metes & Bounds Description: Application For Public Hearing For PUD Rezone O!/18/07 ~ ~ ;" . . Agenda Item No. 8A June 24, 2008 ..:;"J~,(~;r75 I ;.,;... ,;::~:: ;::;~~~~i~:i! :1;; ~ ::,..:.. ;:::: ::';: ~ZONE MQUESl' _. 'Yc.-".,c-. This application is requesting a rezone from the Present Use of the Properly: Proposed Use (or range of uses) of the property: zoning district(s) to the zoning district{s). Original PUD Name: Ordinance No.: EV ALUATl()N CRI'TEIUA , ,.""...,.- Pursuant to Section 10.02.13 of the Collier County land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commis.sion's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations {lDC Section 1 0.02.13~1l1 1. The suitability of the area for the type and pallern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainager sewer, water, and other utilities. 2. Adequacy of evidenc-e of unified control and suitability of any proposed agreements, contrad, or other instruments, or for amendments in those proposed, particularty 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 allorney. 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 usoble open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and Facilities, both public and private. 7. The ability of 1he subject property and of surrounding areas to accommodate expansion. Application For Public Hearing For PUD Rezone 01/18/07 Agenda Item No. 8A . 8. ConFormity with PUD regulations, or as to desirable modiFications of such regulations in tl>/tJne 24, 2008 particular case, based on determination thai such modifications of justiFied as meeting puJ51fllJe 57 of 75 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, mony communities have adopted such restrictions. You may wish to contact tne civic or property owners association in the mea for which this use is being requested In order to oscertoln whether or not the request Is offecled by existing deed restrictions. Previous land use Detitions on the subiect procertv: To your knowledge1 nos 0 public hearing been held on this property within the last year? 0 Yes [8J No If so, what was the nature of that hearing? NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to s\!lW1Y...n=ary information to continue orocessina or otherwise activelv oursue the rezonina for 0 oeriod of six 161 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 10.03.05.Q.) Applic<ltion For Public Hearing For PUD RC20nc 0 1/18/07 ., HM HOLE MONTES ENGINEERS, PliINfERS. SURVEYORS lANIlSCAPE ARCHITlCTlllE 950 Enrore Way' Naples. Florida 34110' Phone: 239.254.2000' Fax: 239.254.2099 Agenda Item No. 8A June 24, 2008 Page 58 of 75 REVISED JANUARY 25, 2008 September 24,2007 John David Moss, Principal Planner Collier County GovcrnmcntlCDES 2800 North IIorseshoe Drive Naples, Florida 34 104 PUDA-2007-AR-12322 REV: 2 H1W ASSE PUD Pmject: 2002090002 Date: 1/30/08 DUE: 2/28/08 RE' Hiwasse PUDA-AR-12322 HM File No. 2001.076 Dear Mr. Moss: Please find enclosed Iwenty-four (24) copics of an application to undertake a limited purpose (PUD Amendment) of the Hiwasse CPUD along with a check in the amount of $6,917.00 ($7,417.00 less $500 pre-application fee) to process this petition. The pre- application notes are attached. 1. Backerolllld The Hiwasse CPUD Ordinance No. 2004-75 was approved in November of 2004 and is located on the west side of Livingston Road, south of Pine Ridge Road, and just to the east of the Kcnsington Park PUD in Section 13, Township 49 South, Range 25 East. The CPUD comprises 12.5 acres of which I 7.55 acres arc located in the FPL easement area. (A location map is attached.) The CPUD allows for a limiled range of uses that includes 91,000 square fcel of professional or mcdical office or 200,000 SF of indoor self-storage. Should a mix of office, medical and indoor self..storagc develop on lhe property, for every two sqllarc feet of indoor self-storage, one square foot of office area shall be reduced from the maximum allowable office or medical uses permitted. These uscs and development intcnsities are allowed by the Livingston RoadlEatonwood Lane Commcrcial Infill Subdistrict that is the Future Land Use Designation for the subject properly. 2. The Reouest Thc proposed request is to amend four sections of the CPUD Ordinance and a minor change to the Master Plan. These include Sections 5.5.K, "Development Standards", 6.2 E and F., "Transportation Requirements" and Section 2.1, "Property Ownership". A note peltaining to shared access is also deleted from the CPUD Mastcr Plan. (See the attached H:\2001\2001 01Cl\WP\ZONTNG\PUDA\PUDA Suomiual\J)U])A 1st Re"iew~November ?OO7\ApplicaliOll Leller Revised November 2007.!lr.(]oc Naples' Fort Myers' Venice Page 2 Revised January 25, 2008 Septcmber 24, 2007 Mr. John David Moss, Principal Planner Hiwasse PUDA-AR-12322 HM File No. 2001.076 Agenda Item No. SA June 24, 2008 Page 59 of 75 redline version of thc ordinance outlining the proposed changes and the revised CPUD Master Plan with the note deleted in thc right hand comer of the Master Plan.) 3. Section 5.5.K M.F Section 5.5.K ~ currclllly allows for depository institutions to only be located on the nOJihern portion of the PUD and may only be developed at such timc as a traffic signal has bccn installed at the interscction of Lacosta and Livingston Roads. Based upon discussions with the Collier County Transportation Department, a traffic signal willllot be installed at this location (see attached cOlTespondence, dated August 31,2007, from Michael Green of Collier County Transportation indicating that the intersection of LaCosta and Livingston Roads will never be considered for signals). Therefore, WitJlout deleting this language from the CPUD, the plans for the bank along the northern-most pOJiion of the CPUD could not materialize as planned. 4. Section 6.2.E Shared access with the property to the nOJih of this CPUD is penllittcd to alleviate traffic congestion in the general area and to provide an alternate means of access for the Lacosta Apartments, located on the south side of Pine Ridge Road and to the west of Livingston Road subject to an access agreement. In the event that an access agreement could not bc reached with the adjacent property owner, only the southern most access would be allowed (see CPUD Master Plan). Currently LaCosta Apartments have only an acccss that is a right-in right-out [rom Pine Ridge Road. This access necessitates V-turns at the traffic signal at the intersection of Pine Ridge and Airport Road for westerly bound traffic movements and requircs cast bound movements on Livingston Road to travel through thc intersection rathcr than the benefits of shared access. Providing an alternative means of access via Livingston Road will result in a better distribution of traffic and serve to reducc movements through the intersection. Since the subject property was rezoned in 2004, Collier County has acquired a portion of the nOlihwest comer of Pine Ridge and Livingston Road, east of the FPL easement, zoned for the Related Group PUD; a p01iion of which is occupied by the Lacosta Apartments west ofthe FPL easement. Collier County constructed a stonll water management pond on a portion of this tract, east of the FPL easement, still leaving sufficient area for shared access between the subject property and the Laeosta Apartments. Because of this changed condition, i.e., the County now has control of the property subject to the shared access. Agreement on access to be readily reached with the County. (See attached correspondence from Michael Green indicating the County will enter into an access agrecment with Hiwasse/LaCosta across County property). }-J:\2001\2001076\WP\20NING\PUD^\PUlJ^ Subllliltal\PUDA 1st Review-November 2007\Applicalion leIter Revi:;ed November 2007~ltr.doc Page 3 Revised January 25, 2008 September 24, 2007 Mr. John David Moss, Principal PlaJmer Hiwasse PUDA-AR-12322 HM File No. 2001.076 Agenda Item No. SA June 24,2008 Page 60 of 75 Based on the foregoing, language has been added to Section 6.2.E noting that Collier County is now the properly owner to the north and that shared access willllow bc rcquircd rather than be merely pcrmilled, adding more certainty to the proposed requests and its public benefit. Language in Section 6.2.E that notes "If an access agrcement for sharcd access cannot be reached, then only a right-in right-out access is pem1itted from Livingston Road at an access point depictcd on the PUD Master Plan, south of the shared access area" is struck through as it is no longer applicable and in the public interest to require shared access rather than just to make it a pennitted access. To insure that the shared access is provided, the language in 6.2.F replaces the words "at either permitted access" with the words "at both access points" to reflect the changed conditions as both access points will now be allowed. 5. CPUD Master l'lan As noted, to implement the above provisions, a note has been deleted from the CPUD Master Plan that states "If an access agreement cannot be obtained with the adjacent property, access will only be pennitted from the southerly access point because it is no longer applicable based on the forcgoing". 6. Section 2.1 A change is also proposed to Section 2.1 "Property Ownership" to reflect that Hiwasse Inc., is no longer the owner of record. The new owner is Livingston Professional Ccnter, LLC. In closing, I trust you will find this amendment generally addresses changed conditions pertaining to access, resulting in a better distribution of traffic worthy of your consideration. Should you have any questions please don't hesitate to contact me. Very truly yours, HOLE MONTES, INe. ~~ Robert L Duanc, A.I.C.P. Planning Director RLD/nunm I 1:\2001\2001 (}'}6\WP\ZONING\PUUA\PUDA SubmiUal\PlJDA 1st Review-November 2007\App!i<:.atioll Letler Revised November 2007-1tr.doc Agenda Item No. 8A June 24, 2008 Page 61 of 75 LIST OF EXHIBITS -l-,-{~4-GBpies) Detailed desGl'iption-wlry-alH,*ldment is neeessary-with-lec-ati-on-mUI}; eorrespondenee from Michael GreOl: to Tom TaylBHlRd-ilfHIerial (24 J[ 36), 2. (24 oot}i€S-) Completed current PlJ9A-app!.ieatiefu 3. (24 copies) PUD PFe-l!pplication meeting noles. 4. (24 copieg) Originlll CFtJfJ--effii-flalle&.- ~4-eopies1-Gooceptual Sit{l~an 24 K 36 and (+HH-+h 6. (21 copies) Rcvi~ons, strike tbm and underlined vefsien, 7. (2 copies) List of ideflfi-fy-iHg-0wl1e1~&-a1l parties of corporation 8. (2 00~Gwnel'k.g8nt affidavit 9-c--{2-eopies) .^.deregging eheeldist. 10. Check in :he mnount-ef-$&,-9-l+ 1 L Eleetrel~ie co~n--WofEl-foBRah~fld planG (CD-Remr. We are providing thc following: . Ten (10) Copies of Response Letter to the November 2,2007 Countv review comments. . Ten (10) Copies of Revised PUDA Application Letter, . Ten (10) Copies of the Application for Public Hearing For Amendment (0 PUD. . Ten (10) Collies of Revised CPl.)l) Qrdinance Amending the Hiwasse CPUD Ordinance No. 04-75. . Tcn (10) Copies ofPUD Master Plan Exhibit "An (HM Drawing No. 4065-tl. . One (I) electronic COpy (CD) of submittaL H;\2001\2001076\WP\ZONfNO\PlIDA\PUDA Subminal\PUDA 1st Rcview.Nm'ember 2007\Applicatioll Letter Revise<1 NOl'el11ber 2001-1lr.doc COLLlER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET (i) Agenda Item No. 8A June 24, 2008 Page 62 of 75 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 " / "p.~t]j@itlr-' ;::,;~,_,:;:.:"',>, ,:, ' ; ,:___-_'....'~ ,<:,~;:~;~:.."i:';,::<:~:,~:J(I!;1:~~~lr' ;~ AMENDMENf'tbpUl)(PUPM":"i@'jj:p.))( PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER PUDA-2007-AR-12322 REV: 2 HIW ASSE PUD Project: 2002090002 Date: 1130/08 DUE: 2/28/08 NAME OF APPLlCANT(S) LIVINGSTON PROFESSIONAL CENTER, L.L.C. ADDRESS 481 CARICA ROAD CITY NAPLES STATE FL ZIP 34108 TELEPHONE # 239-254-2000 E-MAIL ADDRESS: CELL # TOMTA YlOR@HMENG.COM FAX # 239-254-2099 ADDRESS 950 ENCORE WAY ROBERT l. DUANE, AJ.C.P. CITY NAPLES STATE FL ZIP 34110 CELL # FAX # 239-254-2099 NAME OF AGENT TELEPHONE # 239-254-2000 E-MAIL ADDRESS: BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Application For Public Hearing For PUD Rezone 01/18/07 Agenda Item No. 8A . ~24, 2008 b. If the property is owned by 0 CORPORATION, Irst the officers and stockhol cmPof 75 the percentage of stock owned by each. Nome and Address Percentage of Ownership THOMAS M. TAYLOR, MGRM 100% LIVINGSTON PROFESSIONAL CENTER, L.L.C. A FLORIDA LIMITED LIABILITY COMPANY 481 CARICA ROAD NAPLES, FLORIDA 34108 c. If the property is in the name of a TRUSTEE, lislthe beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, Iistlhe name of the general and/or Iimiled partners. Name and Address Percentage of Ownership Application For Public Hearing for PUD Rc:zone OJ!] 8/07 Page 3 Revised January 25, 2008 September 24, 2007 Mr. John David Moss, Principal Planner Hiwasse PUDA-AR-12322 HM File No. 2001.076 Agenda Item No. 8A June 24, 2008 Page 64 of75 Based on the foregoing, language has been added to Section 6.2.E noting that Collier County is now the property owner to the north and that shared access will now be required rather than be merely permitted, adding more certainty to the proposed requests and its public benefit Language in Section 6.2.E that notes "If an access agreement for shared access carmot be reached, then only a right-in right-out access is permitted from Livingston Road at an access point depicted on the PUD Master Plan, south of the shared access area" is struck through as it is no longer applicable and in the public interest to require shared access rather than just to make it a pennitted access. To insure that the shared access is provided, the language in 6.2.F replaces the words "at either pennitted access" with the words "at both access points" to reflect the changed conditions as both access points will now be allowed. 5, CPUD Master Plan As noted, to implement the above provisions, a note has been deleted from the CPUD Master Plan that states "If an access agreement cannot be obtained with the adjacent property, access will only be pennitted from the southerly access point because it is no longer applicable based on the foregoing". 6. Section 2.1 A change is also proposed to Section 2.1 "Property Ownership" to reflect that Hiwasse Inc., is no longer the owner of record. The new owner is Livingston Professional Center, LLC. In closing, I trust you will find this amendment generally addresses changed conditions pertaining to access, resulting in a better distribution of traffic worthy of your consideration. Should you have any questions please don't hesitate to contact me. Very truly yours, HOLE MONTES, me. ~~ Robert L. Duane, AJ.C.P. Planning Director RLD/mmm H:\2001\2001076\VIP\ZONING\PUDA \PUDA Submittal\PUDA lst Review-November :2007\Application Leiter Revised November 2007~Jlr.doc HM HOLE MONTES OOINEERS' PlANNERS. SURVEYORS lAADSCIoPE II\CHJlECTUfIE 950 Encore Way' Naples, Florida 341'0' Phone: 239.254.2000' Fax: 239.254.2099 Agenda Item No. 8A June 24, 2008 Page 65 of75 REVISED JANUARY 25, 2008 September24,2007 John David Moss, Principal PJarmer Collier County GoverrunentlCDES 2800 North Horseshoe Drive Naples, Florida 34 104 PUDA-2007-AR-I2322 REv: 2 HIW ASSE Pun Project: 2002090002 Date: 1/30/08 DUE: 2128/08 RE: Hiwasse PUDA-AR-12322 HM File No. 2001.076 Dear Mr. Moss: Please find enclosed twenty-four (24) copies of an application to undertake a limited purpose (PUD Amendment) of the Hiwasse CPUD along with a check in the amount of $6,917.00 ($7,417.00 less $500 pre-application fee) to process this petition. The pre- application notes are attached. 1. Background The Hiwasse CPUD Ordinance No. 2004-75 was approved in November of 2004 and is located on the west side of Livingston Road, south of Pine Ridge Road, and just to the east of the Kensington Park PUD in Section 13, Township 49 South, Range 25 East. The CPUD comprises 12.5 acres of which * 7.55 acres are located in the FPL easement area. (A location map is attached.) The CPUD allows for a limited range of uses that includes 91,000 square feel of professional or medical office or 200,000 S.F. of indoor self-storage. Should a mix of office, medical and indoor self-storage develop on the property, for every two square feet of indoor self-storage, one square foot of office area shall be reduced from the maximum allowable office or medical uses permitted. These uses and development intensities are allowed by the Livingston RoadlEatonwood Lane Commercial Infill Subdistrict that is the Future Land Use Designation for the subject property. 2. The Request The proposed request is to amend four sections of the CPUD Ordinance and a minor change to the Master Plan. These include Sections 5.5.K, "Development Standards", 6.2 E and P., "Transportation Requirements" and Section 2.1, "Property Ownership". A note pertaining to shared access is also deleted from the CPUD Master Plan. (See the attached H:\200t\200J076\WP\ZONING\PUDA\PUDA SubmittaI\PUDA 1st Review~November 2007\A.pplicalion Letter Revised November 2007.ltr.doc Naples' Fort Myers' Venice Agenda Item No. 8A June 24 2008 75 This application is requesting a rezone from the Present Use of the Property: Proposed Use (or range of uses) of the property: zoning dlstrict(s) to the zoning district(s). Original PUD Nome: Ordinance No.: Pursuant to Section 10.02.13 of the Collier County land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (lDC Section 10.02.13.Bl 1. The suitability olthe area for the type and pattern of development proposed in reJafion to physicol characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Adequaoy 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 ore not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub.district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject praperty and of surrounding areas to acoommodate expansion. Applic21ion For Public Heming For PUD Rezone 01/18107 COLLlER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET (i) Agenda Item No. 8A June 24, 2008 Page 67 of 75 2800 NORTH HORSESHOE DRIVE NAPLES, FLORiDA 34104 (239) 403-2400 FAX (239) 643-6968 >,,";.:..!, ..:'A."'1q,ii','-'; . ",,.';'.- . :~~';~~-i~1 ~i~~ ";~j""~i'!\ENOMEl9j't~'."O't>.'i:~&~:Jj[!;;,:. PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER PUDA-2007-AR-12322 REV: 2 HIW ASSE PUD Project: 2002090002 Date: 1/30/08 DUE: 2/28/08 .::., , .' ',~~~~;~;j1:'!;:):f ADDRESS 481 CARICA ROAD LIVINGSTON PROFESSIONAL CENTER, L.L.C. CITY NAPLES STATE FL ZIP 34108 NAME OF APPLlCANT(S) TELEPHONE # 239-254-2000 E-MAIL ADDRESS: CELL # FAX # TOMT A YLOR@HMENG.COM 239-254-2099 NAME OF AGENT ROBERT L. DUANE, A.I.C.P. ADDRESS 950 ENCORE WAY CITY NAPLES STATE FL ZIP 3411 0 FAX # 239-254-2099 TELEPHONE # 239-254-2000 E-MAIL ADDRESS: CELL # BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Application For Public Hearing For POO Rezone OJ/I 8/07 ORDINANCE NO. 08-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-75, THE HIWASSE PLANNED UNIT DEVELOPMENT (PUD), BY PROVIDING FOR: SECTION I, AMENDMENTS TO COVER PAGE; SECTION II, AMENDMENTS TO TABLE OF CONTENTSIEXHIDITS PAGE; SECTION Ill, AMENDMENT TO PROPERTY OWNERSHIP SECTION; SECTION IV, AMENDMENTS TO LANDSCAPING SECTION; SECTION V, AMENDMENTS TO ARCIllTECTURAL AND SITE DESIGN STANDARDS SECTION; SECTION VI, AMENDMENTS TO DEVELOPMENT STANDARDS SECTION; SECfION VII, AMENDMENTS TO TRANSPORTATION REQU1REMENTS SECTION: SECTION VIII, AMENDMENTS TO WATER MANAGEMENT REQUIREMENTS SECTION; SECTION IX, AMENDMENT ADDING A DEVIATIONS SECTION; SECTION X, AMENDMENT TO REMOVE ALL SPECIFIC CI-rATTONS TO THE LAND DEVELOPMENT CODE FROM THE PUD DOCUMENT TO LEA VE ONLY THE GENERAL cn A TlON TO TIlE LAND DEVELOPMENT CODE; SECfION Xl, AMENDMENTS TO EXHIBIT A, THE PUD MASTER PLAN: SECTION XII, AMENDMENT ADDING EXHIBIT D, ENTITLED "ARCHITECTURAL SCHEMA TIC"; AND SECTION XIII, EFFECT1VE DATE, WHEREAS, on November 16, 2004, the Board of County Commissioners approved Ordinance Number 04-75, which established the Hiwasse Platulcd Unit Development (PUD) Zoning District; and WHEREAS, Livingston Professional Center, LLC, represented by Robelt L. Duane, AICP, of Hole Montes, Inc., petitioned the Board of County Commissioners to amend the Hiwasse Planned Unit Development (Ordinance Number 04-75). NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, thaI: SECTION I: AMENDMENTS TO COVER PAGE OF ORDINANCE NUMBER 04- 75, THE HIW ASSE PUD The Cover Page, previously attached to this Ordinance as Exhibit hA" to Ordinance Number 04~75, the Hiwasse PlJ1), is hereby amended to rcad as follows; HIWASSE A Planned Unit Development PREPARED BY: ROBERT L. DUANE, A.LC.P. ROLE MONTES, INC. 950 ENCORE WAY NAPLES, FLORIDA 34110 RICRARD YOV ANOVICH, ESQ. GOODMAN. COLEMAN & JOHNSON 4001 T AMIAMI TRAIL N., STE. 300 NAPLES, FLORIDA 34 I 03 Page 10[6 Words underlined are additions; words ~.flmHgR are deletions. Revised 5113/08 ?n't'r"l,)'\- Agenda Item No. SA June 24, 2008 Page 68 of 75 HM Project 2001076 NOVEMBER, 2002 REVISED MAY 2008 Date Reviewed by CCPC: Date Approved by BCC, Ordinance No. Amendments & Repeals EXHIBIT<lA" SECTION II: AMENDMENTS TO TABLE OF CONTENTS/EXHIBITS PAGE OF ORDINANCE NUMBER 04-75, THE HIW ASSE PUD The Table of ContentslExhibits Page of Ordinance Number 04M 75, the Hiwasse PUD, is hereby amended to read as follows: TABLE OF CONTENTS Page SECTION I Statement of Compliance ............................................................ ................. 3 SECTION II Property Ownership, Legal Deseription, Short Tille and Statement of Unified Control...".. ..., ".. ...."..".." ,.'" ,........... .......,.... ,.... '" .......4 SECTION II! Statement ofIntent and Project Description ...,.......,..___.............................,..5 SECTION IV General Development Regulations........."..."................................................6 SECTION V Penuitted Uses and Dimensional Standards for Commercial Devoloplnent ....,... .... ..........". '" ..... ".....,............... .......... '" ...... ,,,.,......,,,...... 13 SECTION VI Development Commitments......................... ...............................___..,.........15 EXHIBITS Exhibit A - POO Master Plan Exhibit B - Legal Description Exhibit C - Landscape Detail and View Elevation Exhibit D - Architectural Schematic SECTION III: AMENDMENT TO PROPERTY OWNERSHIP SECTION OF ORDINANCE NUMBER 04-75, THE HIW ASSE PUD Section 2.1, entitled "Property Ownership" of Ordinance Number 04-75, the Hiwasse PUD, is hereby amended to read as follows: 2.1 PROPERTY OWNERSHIP The propel1y is owned by Htwasse----ffie Livingston Professional Center. LLC Page20f6 Words underlined are additions; words Sfiuek thrsugl-1 are deletions. Revised S/13J{lS 7nn,ps.- Agenda Item No. 8A June 24, 2008 Page 69 of 75 SECTION IV: AMENDMENTS TO LANDSCAPING SECTION OF ORDIN.l>,NCE NUMBER 04-75, THE HIW ASSE PUD Section 4.14, entitled "Landscaping" of Ordinance Number 04-75, the Hiwasse PUD, is hereby amended to read as foHows: 4.14 LANDSCAPING Alllanrlscaping shall be in accordance with the requirements e.f-Di . isi6fl 2,1 of the Collier County Land Development Code. However, an enhanced Type "8" buffer will be provided along the eastern edge of the FPL Ea....ement Area subject to theff FPL approval. A cross:section of the enhanced buffer area is provided on Exhibit C: Landscape View and DetaiL At the time of SDP approval, a letter shall be provided from F:bP FPL, stating that the enhanced "B" Buffer area meets with their approvaL,:, An enhanced Tvnc B landscaned buffer shall be orovided alanl! Livinuston Road for the indoor self-storage buildine: constructed in excess of 150 feet in lene:th in a north~~;;outh direction as provided in PaTIlp.r.floh 4.17,C. These enhancements shall include ~r~~.2 Dlacoo on 20-foot centers with a double staeecrcd row ofl}alm tree!> or similar tree tvoes annroved bv County Planning: Slaf[ 12 and 16 feet in hei~ht to be Dlanted within the 25-foot wide combJned buffer and foundation ulantille area for the fulllenlIth of the buildintr. (See also Section 4.17.) SECTION V; AMENDMENTS TO ARCHITECTURAL AND SITE DESIGN STANDARDS SECfION OF ORDINANCE NUMBER 04-75, THE HIW ASSE POO Section 4.17 entitled, "Architectural and Site Design Standards" of Ordinance Number 04-75. the Hiwasse POO, is hereby amended to read as follows: 4.17 ARCHITECTURAL AND SITE DESIGN STANDARDS C. Building Design Requirements ******** In addition to the Collier County Land Development Code 9Wisj<>fl--i!,& requirements, the following is required: 1. Overall building dimension for office and similar uses shall not exceed 150 feet in either direction. 2. Indoor self-storage buildine dimensions shall not exceed 150 feet in either direction excc!)t tllat one self-stora2e buildilll! will be allowed with a maximum north-south dimension of 270 feet. If a self-storal!e huiJdine: l!r~ter than 150 feet in lcne:th in a north-south direction is constlUcted. it shaH be the on!v selfM storalIe buildin2. lJennitted fQJ~...th~L.PUD and will be accompanied bv the followi1)g! ill. A combined (ri2.ht-of-wav and buHdil1l! foundation buffer) 25 foot wide buffer which incl.YQ.es R ] 5 foot wide Tvoe B Jandscaue buffer alone Livine:ston Road and the buildinll foundatiol1..-1~lantintrS for (he full leneth of the bllildinQ. The buffer and buildiml foundation landscaoing may be divided to accomm.Q.date the orolect's drainal2c outfall oioe located behvee:D th~_ buiJdirJl! and Livin!!ston Road: Page 3 0[6 Words underlined are additions; words &lfl-te(t threug:h are deletions. Revised 5/13108 "7rrnYXL Agenda Ilem No. 8A June 24, 2008 Page 70 of 75 Q) A orotection one story in heieht on the southern facade of Ihe buildin. faein. Eatollwood Lone such os but not limited to a covered entrance as deoictcd on Exhibit D that wil1not affect the maximum 270 foot allowable buildine lenl!th. 9 A mmnnum 50 foot front val'd setback from the south nrooertv line (abuttine. Eatonwood Lane). ;!-,~. The architectural style for the subdistrict ,hall be consistent throughout and shall be established by the initial building design and shall blend with sUlTounding developments. SECTION VI: AMENDMENTS TO DEVELOPMENT STANDARDS SECTION OF ORDINANCE NUMBER 04-75, THE HIW ASSE POO Section 5.5 entitled. "Development Standards" of Ordinance Number 04-75, the Hiwasse PUD, is hereby amended to read as follows: 5.5 DEVELOPMENT STANDARDS I. Use of FPL Easement Area - Open space. storm water manae:cment. ftHa landscanilHl buffer. existinQ FPL access road bike nath sidewalk fire truck access. a D011ion of the oroiecf access road. electric lines with 2Dourtenances. and undere:round utilities hmaseape Bliffering shall be the only allowed uses permitted in the FPL Easement Area. K. Depository Institutions are limited to the northem portion of the PUD only. j ll!'lS Ilia:,' anly ee 86. 6lsf3sEl at guelt time 83 8 trame sigaal has eean instalb! ft~ intarseetisn sf LaCesta Rase EffiB Li. lJ..lgstSR Reae.. SECTION VII: AMENDMENTS TO TRANSPORTATION REQUIREMENTS SECTION OF ORDINANCE NUMBER 04-75, THE HIW ASSE PUD Section 6.2, "Transportation Requirements" of Ordinance Number 04-75, the Hiwasse POO, is hereby amended to reod as follows: E. Shared access is pelmitted north of the subject property .Qll County-owned oro1)el1Y as depicted on the PUD Master Plau..I. The a~.!s shall be de.].ign~d to Collier County standards and shall be subiect to final anoroval bv t.he Collier County Transnortation Division. The develoner shall be re.soonsible for constructi9n and maintenance of the access road. draina2!e facilities landscaninQ and other related improvements. hl the event that the Related GraUD PUt) will not ~Jl~re in the cost of DroDosed imorovements. access shall not be shared. a~ aa B66ess agreement '.'\ ifu N.e }9reperty €lV-TIer t8 the nertR. I-f a!'l eeeeSB a.greamsRt fer sl:area Beeess eEllillot--be-reoohea, then eal;' e. right iR right eut aeeess is permitted fl.-arn Liyingsten :R:eaa at Rfl ae6eas p~ef)ieted all the Pill) ~,{aster Plan S6l:ith sf ~he shared aeeess Bl:e&; The access shalt also include shared access with the LaCosta Anartments to the west. F. The developer shall provide a turn lane at the project entrance onto Livings.toll Road, at eitheF the penuittcd access location, prior to the issuance of the first certificate of occupancy for the first structul'e in accordance with the Collier County Public Right-of-Way Manual and Ordinance 82-91.. A non-exclusive five~foot wide roadwav easement shall be ol'ovided for the lene:th of the turn lane. Page40f6 Words underlined are additions; words stms}! througH: are deletions. Revised 5/13/08 -nrm.o4- Agenda Item No. SA June 24, 2008 Page 71 of 75 G. The develoner. or its successors in interest. shall construct a 10 foot wide bike 'Oath/sidewalk aloDf! the ex.istine: FPL service road UDon reouest bv the County. The location of the bike Dath/sidewalk shall be consistent with the alil!Ilmellts for the CO\.1ntv's oroposed bike oath/sidewalk system. If FPL docs not szive its nermission to locate the sidewalklbike oath within its easement the develanef. or its successors in interest. shall construct the 6 foot wide sidewalk/bike oath alanl! Livinl!ston Road. SECTIONVIIl: AMENDMENTS TO WATER MANAGEMENT REQUlRMENTS SECTION TO ORDINANCE NUMBER 04-75, THE HIW ASSE PUD Section 6.5. Water Management Requirements, of Ordinance Number 04-75, the Hiwasse PUD, is hereby amended to add a new paragraph to read as follows: D. The develonel' shall accommpdate the storm water lUll-off ft.-om Eatonwood Lane should there be no drainal!e easement presently in place to accommodate said runoff. SECTION IX: AMENDMENT ADDING A DEVIATION SECTION TO ORDINANCE NUMBER 04-75, THE HlWASSE PUD Ordinance Number 04-75, the Hiwasse PUD, is hereby amended to add a section entitled HDeviations" Lo read as follows: L DEVIATIONS A deviation from Subsection 6.06.02.A.l of the LDC to allow imurovements to the existinl! FPL service road bv constructinE a J 0 foot wide bike oath/sidewalk meeting County standards. or a 6-[00t wide sidewalk and bike oath alan!! Livini!Ston Road. SECTION X: AMENDMENTS TO ORDINANCE NUMBER 04-75, THE HlWASSE PUD, TO REMOVE ALL SPECIFIC CITATIONS TO THE LAND DEVELOPMENT CODE THROUGHOUT THE PUD DOCUMENT All sections and subsections of Ordinance Number 04-75, the Hiwasse PUD, are hereby amended to remove any and all references to specific numeric and lettered citations to specific sections and subsections of the Land Development Code to leave only general references to the Land Development Code throughout the PUD document. SECTION XI: AMENDMENTS TO EXHIBIT A, THE PUD MASTER PLAN The "PUD Master Plan/' Exhibit "A" of Ordinance Number 04-75, the Hiwasse POO is hereby replaced with a new PUD Master Plan, attached hereto and incorporated by reference herein. SECTION XII: AMENDMENT TO ADD A NEW EXHIBIT ENTITLED "ARCHITECTURAL SCHEMATIC" TO THE EXHIBITS A1TACHED TO THE PUD DOCUMENT Page 5 of6 Words underlined are additions; words ~'lffiHgR are deletions. Revised 5/13/08 7n7h,t1()... Agenda Item No. 8A June 24, 2008 Page 72 of 75 Ordinance Number 04-75, the Hiwasse PUD, is hereby amended to add a new Exhibit D entitled "Architectural Schematic/' attached hereto and incorporated by reference herein. SECTION XlII: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners oreallier County, Florida, this day of ,2008. ATTEST: DWIGHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: TOM HENNrNG, CHAIRMAN , Deputy Clerk Approved as to falm and legal sufficiency: ~M/(l Ikud'..r-~ M:ujor M. 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