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Agenda 01/14/2020 Item #17C (Ordinance - Tree Farm MPUD, PL20180002194)01/14/2020 EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 07-54, the Tree Farm Mixed-Use Planned Unit Development (MPUD), to increase the maximum residential dwelling units to 460 for a mix of housing types; to add 105,000 square feet of air-conditioned indoor self- storage; to allow up to 140 hotel units; to allow up to 150 assisted living facility units; to reduce the commercial/office uses from 120,000 square feet to 80,000 square feet; by requiring that all uses are subject to a cap on traffic generation; by revising the development standards; by amending the master plan and revising developer commitments. The subject property is located at the intersection of Immokalee Road (CR 846) and Collier Boulevard (CR 951), in Section 22, Township 48 South, Range 26 East, Collier County, Florida, consisting of 58.84± acres; and by providing an effective date. [PL20180002194] OBJECTIVE: To have the Board of County Commissioners (Board) review staff’s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding the petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner proposes to increase the number of permitted dwelling units from 281 multi-family or 138 single-family to allow up to 460 dwelling units of varying types, including single-family, multi-family, two-family attached, and townhomes. The PUD also proposes a decrease in the permitted retail and office square footage from 120,000 square feet to 80,000 square feet, and to add air-conditioned indoor self-storage as a permitted use up to a maximum of 105,000 square feet. The previously approved trip cap will remain at 580 PM peak hour two-way external trip cap. The petitioner has also modified the Conceptual PUD Master Plan to reflect a minor change recently approved through the PUD Minor Change process, which relocated a small on-site preserve. To date, 54 multi-family units have been constructed within the MPUD. The petitioner is also requesting the removal of the affordable housing developer commitment. The proposed changes to the also PUD include: - the addition of a cross-section related to Deviation 1; - the allocation of a minimum of 30% of the density (179 dwelling units) to the Mixed -Use Activity Center Subdistrict; - the allocation of a minimum of 30% of the Activity Center acreage density (54 dwelling units) to the Commercial Mixed-Use District and the balance to within 1/3 mile of the Activity Center boundary; - the allocation of all dwelling units above 281 units to the C/MU district or within 1/3 mile of the Activity Center boundary; - the increase of the density from 4.78 dwelling units per acre to 7.82 dwelling units per acre; - the revision of the hotel/motel .60 floor area ratio (FAR) to a maximum of 140 units; 17.C Packet Pg. 2085 01/14/2020 - the removal of the Recreation Area Tract from the Master Plan and the removal of Recreation Area principal and accessory uses and development standards; - the addition of Amenity Area principal and accessory uses and development standards; - a commitment to provide a bicycle and pedestrian interconnection between the C/MU and R tracts; and - the relocation of various deviations to PUD Section 6.8 “Deviations.” For further information, please see Attachment A-Proposed PUD Ordinance. FISCAL IMPACT: The PUD Amendment (PUDA) by 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 PUDA is approved, a portion of the land could be developed, and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain the adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Comprehensive Planning staff has reviewed the proposed PUDA and has found it consistent with the Future Land Use Element (FLUE) of the GMP. See attachment: FLUE Consistency Review. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC, heard Petition PUDA-PL20180002194, Tree Farm PUD on December 5, 2019, and voted 7-0 to forward this petition to the Board with a recommendation of approval subject to the following revisions to the PUD Document: - The hotel shall have a maximum of 140 rooms. - The self-storage shall be air-conditioned indoor with no outdoor storage. Storage units with roll-up doors are not required to be air-conditioned. - The Amenity area building height shall be 35 feet zoned height and 45 feet actual height. - The hotel and self-storage development standards shall be the same as commercial development standards. - Essential Service housing shall be applied to 30% of the residential units. The requested revisions have been made. See Attachment A-Proposed PUD Ordinance. No letters of objection have been received. Therefore, this petition has been placed on the Summary Agenda. LEGAL CONSIDERATIONS: This is an amendment to the existing Tree Farm Mixed-Use Planned Unit Development (Ordinance No.07-54). 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, should it consider denial, that such denial is not arbitrary, 17.C Packet Pg. 2086 01/14/2020 discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for PUD Amendments Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract , or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: 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? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or 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. 17.C Packet Pg. 2087 01/14/2020 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 services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The Board 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 hearing as these items relate to these criteria. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends that the Board of County Commissioners approve the request for Petition PUDA -PL20180002194, Tree Farm PUD. Prepared by: Nancy Gundlach, AICP, PLA, Principal Planner, Zoning Division ATTACHMENT(S) 1. Staff Report -Tree Farm-Final 11-22-19(flat) (PDF) 2. Attachment A-Proposed PUD Ordinance 12-11-19 (PDF) 3. Attachment B- FLUE Consistency Review 11-12-19 (PDF) 4. Attachment C-Tree Farm Commercial PPL-SDP Exhibit 11-14-19(flat) (PDF) 5. [Linked] Attachment D-Application (PDF) 6. Legal Ad - Agenda ID 11070 (PDF) 17.C Packet Pg. 2088 01/14/2020 COLLIER COUNTY Board of County Commissioners Item Number: 17.C Doc ID: 11070 Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 07-54, the Tree Farm Mixed-Use Planned Unit Development (MPUD), to increase the maximum residential dwelling units to 460 for a mix of housing types; to add 105,000 square feet of air-conditioned indoor self-storage; to allow up to 140 hotel units; to allow up to 150 assisted living facility units; to reduce the commercial/office uses from 120,000 square feet to 80,000 square feet; by requiring that all uses are subject to a cap on traffic generation; by revising the development standards; by amending the master plan and revising developer commitments. The subject property is located at the intersection of Immokalee Road (CR 846) and Collier Boulevard (CR 951), in Section 22, Township 48 South, Range 26 East, Collier County, Florida, consisting of 58.84± acres; and by providing an effective date. [PL20180002194] Meeting Date: 01/14/2020 Prepared by: Title: Planner, Principal – Zoning Name: Nancy Gundlach 12/10/2019 2:02 PM Submitted by: Title: Manager - Planning – Zoning Name: Ray Bellows 12/10/2019 2:02 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 12/10/2019 2:49 PM Zoning Ray Bellows Additional Reviewer Completed 12/12/2019 6:03 PM Growth Management Department James C French Deputy Department Head Review Completed 12/13/2019 12:27 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 12/16/2019 4:22 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 12/30/2019 10:43 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/30/2019 2:36 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/31/2019 9:23 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 12/31/2019 11:23 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/02/2020 4:22 PM Board of County Commissioners MaryJo Brock Meeting Pending 01/14/2020 9:00 AM 17.C Packet Pg. 2089 PUDA-PL20180002194,TREE FARM MPUD November 22, 2019 Page 1 of 16 STAFF REPORT TO:COLLIER COUNTY PLANNING COMMISSION FROM:ZONING DIVISION ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT -PLANNING & REGULATION HEARING DATE:DECEMBER 5,2019 SUBJECT: PUDA-PL20180002194,TREE FARM MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) _______________________________________________________________________________ PROPERTY OWNERS AND AGENTS: Owners/Petitioner:Agents: TBC Tree Farm 1, LLC TBC Tree Farm 2, LLC 14004 Roosevelt Boulevard, #601 Clearwater, FL 33762 D.Wayne Arnold, AICP Q.Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Richard Yovanovich, Esq. Coleman, Yovanovich, Koester 4001 Tamiami Trail North, Suite 300 Naples, FL 34135 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 07- 54, the Tree Farm Mixed-Use Planned Unit Development (MPUD), to increase the maximum residential dwelling units to 460 for a mix of housing types; to add 105,000 square feet of indoor self-storage; to allow up to 250 hotel units;to allow up to 150 assisted living facility units; to reduce the commercial/office uses from 120,000 square feet to 80,000 square feet; by requiring that all uses are subject to a cap on traffic generation;by revising the development standards; by amending the master plan and revising developer commitments; and by providing an effective date. 17.C.1 Packet Pg. 2090 Attachment: Staff Report -Tree Farm-Final 11-22-19(flat) (11070 : PL20180002194 Tree Farm MPUD) PUDA-PL20180002194, TREE FARM MPUD November 22, 2019 Page 2 of 16 17.C.1 Packet Pg. 2091 Attachment: Staff Report -Tree Farm-Final 11-22-19(flat) (11070 : PL20180002194 Tree Farm MPUD) PUDA-PL20180002194, TREE FARM MPUD November 22, 2019 Page 3 of 16 17.C.1 Packet Pg. 2092 Attachment: Staff Report -Tree Farm-Final 11-22-19(flat) (11070 : PL20180002194 Tree Farm MPUD) PUDA-PL20180002194, TREE FARM MPUD November 22, 2019 Page 4 of 16 17.C.1 Packet Pg. 2093 Attachment: Staff Report -Tree Farm-Final 11-22-19(flat) (11070 : PL20180002194 Tree Farm MPUD) PUDA-PL20180002194, TREE FARM MPUD November 22, 2019 Page 5 of 16 GEOGRAPHIC LOCATION: The subject Planned Unit Development (PUD), consisting of 58.84± acres, is located at the intersection of Immokalee Road (CR 846) and Collier Boulevard (CR 951), in Section 22, Township 48 South, Range 26 East, Collier County, Florida. (See the Location Map on page 2 of this Staff Report.) PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes to increase the number of permitted dwelling units from 281 multi-family or 138 single-family to allow up to 460 dwelling units of varying types including single-family, multi-family, two-family attached,and townhomes. The PUD also proposes a decrease in the permitted retail and office square footage from 120,000 square feet to 80,000 square feet, and to add indoor self-storage as a permitted use up to a maximum of 105,000 square feet. The previously approved trip cap will remain at 580 PM peak hour two-way external trip cap. The petitioner has also modified the Conceptual PUD Master Plan to reflect a minor change recently approved through the PUD Minor Change process, which relocated a small on-site preserve. To date, 54 multi-family units have been constructed within the MPUD. The petitioner is also requesting the removal of the affordable housing developer commitment. The proposed changes to the also PUD include: -the addition of a cross section related to Deviation 1; -the allocation of a minimum of 30%of the density (179 dwelling units) to the Mixed-Use Activity Center Subdistrict; -the allocation of a minimum of 30% of the Activity Center acreage density (54 dwelling units) to the Commercial Mixed-Use District and the balance to within 1/3 mile of the Activity Center boundary; -the allocation of all dwelling units above 281 units to the C/MU district or within 1/3 mile of the Activity Center boundary; -the increase of the density from 4.78 dwelling units per acre to 7.82 dwelling units per acre; -the revision of the hotel/motel .60 floor area ratio (FAR) to a maximum of 250 units; -the removal of the Recreation Area Tract from the Master Plan and the removal of Recreation Area principal and accessory uses and development standards; -the addition of Amenity Area principal and accessory uses and development standards; -a commitment to provide a bicycle and pedestrian interconnection between the C/MU and R tracts; and -t For further information, please see Attachment A Proposed PUD Ordinance. 17.C.1 Packet Pg. 2094 Attachment: Staff Report -Tree Farm-Final 11-22-19(flat) (11070 : PL20180002194 Tree Farm MPUD) PUDA-PL20180002194, TREE FARM MPUD November 22, 2019 Page 6 of 16 SURROUNDING LAND USE AND ZONING: North:A golf maintenance facility and a construction staging area, and then developed single-family residential with a zoning designation of Esplanade Golf and Country Club of Naples Residential Planned Unit Development (RPUD), with a density of 1.4 dwelling units per acre. East: Plateau Road, a 2 to 4-lane roadway, and then developed commercial, developed and undeveloped single-family and multifamily residential,and a golf maintenance facility with a zoning designation of Heritage Bay PUD. Heritage Bay is also a Development of Regional Impact,with a density of 1.3 dwelling units per acre. South:A drainage easement and then Immokalee Road, a 6-lane divided roadway, and then developed commercial with a zoning designation of Richland PUD, known as Pebblebrooke, with a density of 3.1 units per acre West:Developed multi-family and single-family residential,and undeveloped residential and commercial with a zoning designation of -Use Planned Unit Development (MPUD) with a density of 11.45 dwelling units per acre,and Esplanade Golf and Country Club of Naples Residential Planned Unit Development (RPUD), with a density of 1.4 dwelling units per acre 17.C.1 Packet Pg. 2095 Attachment: Staff Report -Tree Farm-Final 11-22-19(flat) (11070 : PL20180002194 Tree Farm MPUD) PUDA-PL20180002194, TREE FARM MPUD November 22, 2019 Page 7 of 16 AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Comprehensive Planning staff has reviewed the proposed PUD Amendment and has found it consistent with the Future Land Use Element (FLUE)of the GMP. See Attachment B-FLUE Consistency Review. Transportation Element:In July 30, 2019, Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the GMP using the then applicable 2018 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states: n shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient Subject Site 17.C.1 Packet Pg. 2096 Attachment: Staff Report -Tree Farm-Final 11-22-19(flat) (11070 : PL20180002194 Tree Farm MPUD) PUDA-PL20180002194, TREE FARM MPUD November 22, 2019 Page 8 of 16 as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard (LOS) within the five year AUIR planning period, unless specific mitigating stipulations are also approved.A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant Staff finding: According to the PUD Document provided with the proposed rezoning,the applicant is requesting a maximum of 460 multi-family residential dwelling units, which is an increase of 179 dwelling units from the currently approved 281 dwelling units. The Transportation Impact Statement (TIS)provided with this petition outlines a potential development scenario to address the proposed development requested in the PUD. Specifically,the potential development scenario consists of the 460 multi-family dwelling units noted above, 80,000 square feet of shopping center retail use,and 105,000 square feet of mini-warehouse use. This development scenario results in 520±PM peak hour two-way trips on the adjacent roadways which is 60±PM peak hour two-way trips fewer potential trips than the currently approved development. Staff has evaluated the TIS and agrees that the scenario presents an accurate trip generation calculation, a reasonable trip distribution on the surrounding network,and reflects a reasonable development potential for the proposed PUD. While the scenario does not fully represent the highest best use possible with the PUD;the scenario does result in a potentially lower-traffic generation than currently approved for the development. Additionally, the current trip cap of 580 PM peak hour two-way trips remains as a developer commitment for this project. According to the current 2019 AUIR,Immokalee Road from Logan Boulevard to Collier Boulevard has a current service volume of 3,200 trips,a remaining capacity o f approximately 284 trips,and is . Im mokalee Road from Collier Boulevard to Wilson Boulevard has a current service volume of 3,300 trips,a remaining capacity of approximately 362 trips,and is . Also, according to the 2019 AUIR,Collier Boulevard from Vanderbilt Beach Road to Immokalee Road has a current service volume of 3,000 trips,a remaining capacity of approximately 603 trips,and is currently D. Based on the information provided in the TIS for this petition,the subject roadway links have sufficient capacity to accommodate the project within the 5-year planning period. Conservation and Coastal Management Element (CCME): Environmental Planning staff has found this project to be consistent with the CCME.The project site consists of 2.02 acres of native vegetation. A minimum of 0.51 acres (25% of 2.02 acres) of native vegetation shall be placed under preservation and dedicated to Collier County. 17.C.1 Packet Pg. 2097 Attachment: Staff Report -Tree Farm-Final 11-22-19(flat) (11070 : PL20180002194 Tree Farm MPUD) PUDA-PL20180002194, TREE FARM MPUD November 22, 2019 Page 9 of 16 GMP Conclusion: STAFF ANALYSIS: Staff completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Section 10.02.13 B.5., Planning Commission Recommendation (commonly re ,and Section 10.02.08 F., Nature of Requirements of Planning Commission Report The CCPC uses these same criteria as the basis for their recommendation to the Board of Collier County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the headings In addition, staff offers the following analysis: Environmental Review: Environmental Planning staff has reviewed the PUD petition to address environmental concerns. As previously stated, the PUD preserve requirement is 0.51 acres (25% of 2.02 acres), which meets the minimum preservation requirement. No listed animal species were observed on the property. This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this project. Utilities Review:The project lies within the regional potable water service area and the north wastewater service area of the Collier County Water-Sewer District (CCWSD). Water and wastewater services are readily available via existing infrastructure on-site and within adjacent rights-of-way, and sufficient water and wastewater treatment capacities are available. Adequate downstream wastewater system capacity must be confirmed at the time of development permit (Site Development Plan (SDP)or Plans and Plat (PPL))review through a thorough engineering analysis, which will be discussed at a mandatory pre-submittal conference with representatives from the Public Utilities Engineering and Project Management Division,and the Growth Management Development Review Division. Any improvements to the Collier County Water-ry to provide sufficient capacity to serve the project will be the responsibility of the owner/developer. Such improvements will be conveyed to the CCWSD at no cost to the County at the time of utility acceptance. School Board Review:At this time there is capacity for the proposed development within the middle school concurrency service area and in adjacent currency service areas for the elementary and high hool concurrency service area with the opening of a new high school in 2023. At the time of SDP or PPL, the development would be reviewed for concurrency to ensure there is capacity either within 17.C.1 Packet Pg. 2098 Attachment: Staff Report -Tree Farm-Final 11-22-19(flat) (11070 : PL20180002194 Tree Farm MPUD) PUDA-PL20180002194, TREE FARM MPUD November 22, 2019 Page 10 of 16 the concurrency service area the development is located within or in adjacent concurrency service areas. Zoning and Land Development Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. Staff reviewed the appropriateness of the request to increase the number of residential dwelling units from 281 multi-family or 138 single-family to 460 dwelling units of various types, add 105,000 square feet of self-storage area, 250 hotel units, and decrease commercial/office uses from 175,000 square feet to 120,000 square feet. Staff believes that the proposed development will be compatible with and complementary to the surrounding land uses. The currently approved Development Standards consisting of building heights, yard setbacks, minimum floor area, building separation, and landscape buffering will remain similar to what was previously approved. CONCURRENT LAND USE APPLICATIONS: There was a pre-application meeting held on August 7, 2018 for Tree Farm Townhomes (PL20180002231), an 18.46 acre, 120 unit project. There was another pre-application meeting held on December 12, 2018 for a 5.1±acre 46,000 square foot strip shopping center within the Tree Farm PUD (PPL-PL20180003592 and SDP-PL20180003593). Please see Attachment C-Tree Farm Commercial PPL/SDP Exhibit. To date, no review documents related to these pre-application meetings have been submitted. REZONE FINDINGS: Staff offers the following analys is: 1.Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning staff has indicated that the proposed PUD Rezone is consistent with all applicable elements of the FLUE of the GMP. See Attachment D FLUE Consistency Review. 2.The existing land use pattern. As described in the portion of this report and discussed in the be characterized as mostly developed commercial and residential. 3.The possible creation of an isolated district unrelated to adjacent and nearby districts. The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also comparable with expected land uses by virtue of its consistency with the FLUE of the GMP. 17.C.1 Packet Pg. 2099 Attachment: Staff Report -Tree Farm-Final 11-22-19(flat) (11070 : PL20180002194 Tree Farm MPUD) PUDA-PL20180002194, TREE FARM MPUD November 22, 2019 Page 11 of 16 4.Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn as discussed in Items 2 and 3. 5.Whether changed or changing conditions make the passage of the proposed rezone necessary. The proposed changed is being requested in compliance with the LDC provisions because the petitioner wishes to develop a different variety of residential and commercial land uses than what was previously approved. 6.Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed changes proposed change will not adversely influence living conditions in the neighborhood. 7.Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., the GMP is consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. Operational impacts will be addressed at the time of the first development order (SDP or PPL).must comply with all other applicable concurrency management regulations when development approvals are sought. 8.Whether the proposed change will create a drainage problem. The proposed development will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9.Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed PUD Amendment will not reduce light and air to adjacent areas inside or outside the PUD. 10.Whether the proposed change would adversely affect property values in the adjacent area. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination is driven by market value. 17.C.1 Packet Pg. 2100 Attachment: Staff Report -Tree Farm-Final 11-22-19(flat) (11070 : PL20180002194 Tree Farm MPUD) PUDA-PL20180002194, TREE FARM MPUD November 22, 2019 Page 12 of 16 11.Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Most of the property surrounding the subject site is developed or undergoing development. The basic premise underlying all of the development standards in the LDC is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property.Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12.Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The development complies with the GMP, which is a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed Amendment does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13.Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be used in accordance with existing zoning; however, the proposed uses cannot be achieved without amending the PUD. 14.Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed PUD Amendment is not out of scale with the needs of the neighborhood or county. 15.Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may b e other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its merit for compliance with the GMP and the LDC,and staff does not review other sites in conjunction with a specific petition. 16.The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require considerable site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or PPL processes, and as part of the building permit process. 17.C.1 Packet Pg. 2101 Attachment: Staff Report -Tree Farm-Final 11-22-19(flat) (11070 : PL20180002194 Tree Farm MPUD) PUDA-PL20180002194, TREE FARM MPUD November 22, 2019 Page 13 of 16 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 GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The project will have to meet all applicable criteria outlined in LDC Section 6.02.00 regarding Adequate Public Facilities (APF), and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities, except as may be exempt by federal regulations. This petition has been reviewed by County staff responsible for jurisdictional elements of the GMP as part of the amendment process,and those staff persons have concluded that no Level of Service will be adversely impacted. The concurrency review for APF is determined at the time of SDP review. The activity proposed by this amendment will have no impact on public facility adequacy in regard to utilities. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Section 10.02.13.B.5 states that : 1.The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The area is suitable for residential and commercial development. The petitioner will be required to comply with all County regulations regarding drainage, sewer, water, and other utilities. Water distribution and wastewater collection/transmission mains are readily available along Addison Place Drive and at the southeast corner of the PUD, and there are adequate water and wastewater treatment capacities to serve the proposed PUD as amended. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for Rezones in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provided satisfactory evidence of unified control of the property. Additionally, the development will be required to gain SDP approval. These processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer. 17.C.1 Packet Pg. 2102 Attachment: Staff Report -Tree Farm-Final 11-22-19(flat) (11070 : PL20180002194 Tree Farm MPUD) PUDA-PL20180002194, TREE FARM MPUD November 22, 2019 Page 14 of 16 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives, and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff has found this petition consistent with the overall GMP. 4.The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The landscaping and buffering standards are compatible with the adjacent uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at the time of first development order (SDP or PPL), at which time a new TIS will be required to demonstrate turning movements for all site access points. concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. The CCWSD has sufficient treatment capacity for water and wastewater services to the project. Conveyance capacity must be confirmed at the time of development permit application. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure, including County water and wastewater mains, to accommodate this project. Furthermore, adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. All future development will comply with the LDC and other applicable codes. The petitioner is not requesting any deviations to the LDC. 17.C.1 Packet Pg. 2103 Attachment: Staff Report -Tree Farm-Final 11-22-19(flat) (11070 : PL20180002194 Tree Farm MPUD) PUDA-PL20180002194, TREE FARM MPUD November 22, 2019 Page 15 of 16 NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM meeting on June 20, 2019,at located at 7070 Immokalee Road, Naples, Florida. Approximately 5 residents attended the meeting . For further information, see the NIM Transcript contained in Attachment D-Application. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the Staff Report for this petition on November 20,2019. RECOMMENDATION: Planning and Zoning Review staff recommends that the CCPC forward Petition PUDA- PL20180002194, Tree Farm MPUD to the BCC with a recommendation of approval. Attachments: Attachment A-Proposed PUD Ordinance Attachment B-FLUE Consistency Review Attachment C-Tree Farm Commercial PPL/SDP Exhibit. Attachment D-Application 17.C.1 Packet Pg. 2104 Attachment: Staff Report -Tree Farm-Final 11-22-19(flat) (11070 : PL20180002194 Tree Farm MPUD) 17.C.1 Packet Pg. 2105 Attachment: Staff Report -Tree Farm-Final 11-22-19(flat) (11070 : PL20180002194 Tree Farm MPUD) 17.C.2 Packet Pg. 2106 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) 17.C.2 Packet Pg. 2107 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 1 of 32 TREE FARM MPUD A MIXED-USE PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE TREE FARM MPUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: LANDQUEST GROUP 5150 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34103 PREPARED BY: 6610 Willow Park Drive Suite 200 Naples, Florida 34109 and R. BRUCE ANDERSON CHEFFY PASSIDOMO, P.A. 821 5TH AVENUE SOUTH NAPLES, FLORIDA 34102 AMENDED BY: Q. GRADY MINOR AND ASSOCIATES, P.A. 3800 VIA DEL REY, BONITA SPRINGS, FL 34134 And COLEMAN, YOVANOVICH AND KOESTER, P.A. THE NORTHERN TRUST BUILDING, 4001 TAMIAMI TRAIL NORTH, SUITE 300, NAPLES, FLORIDA 34103 DATE REVIEWED BY CCPC: DATE REVIEWED BY BCC: ORDINANCE NUMBER: 07-54 AMENDMENTS AND APPEAL: HEX 2015-42, HEX 2018-12 EXHIBIT “A” 17.C.2 Packet Pg. 2108 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 2 of 32 TABLE OF CONTENTS LIST OF EXHIBIT AND TABLES STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND LEGAL DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III COMMERCIAL MIXED-USE DISTRICT (C) SECTION IV RESIDENTIAL DISTRICT (R) SECTION V PRESERVE DISTRICT (P) SECTION VI DEVELOPMENT COMMITMENTS 17.C.2 Packet Pg. 2109 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 3 of 32 LIST OF EXHIBIT AND TABLES EXHIBIT “A” MPUD MASTER PLAN EXHIBIT “B” DEVIATION #1 CROSS SECTION EXHIBIT “D” COMPLIANCE AGREEMENT TABLE IA FLUE ELIGIBLE DENSITY TABLE IB MPUD DENSITY TABLE II PROJECT LAND USE DISTRICTS TABLE III DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT TABLE IV DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICT TABLE V DEVELOPMENT STANDARDS FOR RECREATIONAL AREA 17.C.2 Packet Pg. 2110 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 4 of 32 STATEMENT OF COMPLIANCE The development of ±58.84 acres of property in Collier County, Florida, as a Mixed Use Planned Unit Development (MPUD) to be known as the Tree Farm MPUD, shall be in compliance with the goals, objectives, and policies of the Collier County Growth Management Plan (GMP), Land Development Code (LDC) and other applicable codes and ordinances. The commercial and residential uses and recreational facilities of the Tree Farm MPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the GMP elements for the following reasons: 1. The subject property is 58.84+/- acres in size and is designated Urban on the Future Land Use Map, with 40.15 acres located within a residential density band of the Urban Mixed Use District, Urban Residential Subdistrict, and 18.69 acres located within Commercial District, Mixed Use Activity Center Subdistrict, as identified on FLUM. Consistent with the provisions of Objective 1 of the Future Land Use Element (FLUE), all uses contemplated are consistent with these respective designations. 2. Approximately 18.69 acres of the subject property is located within an area identified as Activity Center #3 in the FLUE of the GMP for Collier County. 3. Activity Centers are the preferred locations for concentration of commercial and mixed use development activities. The subject property is located on the northwest corner of the intersection of Immokalee Road and Collier Boulevard (C.R. 951). This strategic location will allow superior access to the site, and provide an ideal location for commercial activities. The project is a mixed use development located within, and less than one mile from, an Activity Center. Therefore, the proposed commercial uses and residential densities are consistent with the FLUE of the Collier County GMP. 4. The development will be compatible and complimentary to existing and planned surrounding land uses (Policy 5.46). 5. The project must comply with the provisions of Division 6.02.01, adequate public facilities requirements of the LDC. Therefore, it will implement, and further Objective 2 of the FLUE, Objective 8 of the Transportation Element, Objective 1.2 of the Sanity Sewer Sub- Element. 6. The maximum allowable density as set forth under the FLUE Density Rating System and Mixed Use Activity Center is as follows: 17.C.2 Packet Pg. 2111 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 5 of 32 FLUE Designation Acres +/- Eligible Base Units/Acre Eligible Bonus Density/Acre Total Eligible Density/Acre Eligible Gross Density Total DUs Mixed Use Activity Center Subdistrict 18.69 16 N/A 16 299.04 Urban Residential Subdistrict, Density Band 40.15 4 3 7 281.05 Total 58.84 N/A N/A 9.8586 580.00* Table IA: FLUE Eligible Density (* Rounded) FLUE Designation Acres +/- MPUD Density Units/Acre Eligible Density/Acre MPUD Gross DensityTotal DUs Mixed Use Activity Center Subdistrict** 18.69 0.009.58 16 0.00179 Urban Residential Subdistrict, Density Band 40.15 7.00 7 281.05 Total 58.84 4.787.82 9.86 281460.00* Table IB: MPUD Density (*Rounded) ** Per the Future Land Use Element, C. Urban Commercial District, Mixed Use Activity Center Subdistrict: A minimum of 30% of the Activity Center-accumulated density shall be constructed within the Activity Center. The remaining 70% of the Activity Center-accumulated density shall be constructed within 1/3 mile of the Activity Center. The maximum number of the Activity Center-accumulated density must not exceed 179 dwelling units. 7. The MPUD sets forth a maximum density of 281 460 dwelling units or 7.82 dwelling units per gross acre, dispersed throughout the project site in accordance with the Future Land Use Element, (281 multi-family/townhouse or 138 single-family detached units) subject to the vehicular trip cap in Section 6.3.J. of this PUD or 4.78 dwelling units per acre. The Activity Center shall be: developed at a human scale; pedestrian-oriented; and, interconnected with the remaining portions of the project with pedestrian and bicycle facilities. 8. The MPUD has been designed to provide for future vehicular interconnectivity to the west, and has been designed to provide vehicular, pedestrian and bicycle interconnectivity throughout the project, including between the commercial and residential components. 17.C.2 Packet Pg. 2112 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 6 of 32 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Tree Farm MPUD. 1.2 LEGAL DESCRIPTION BEING PART OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA. PARCEL 1: THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE EAST 30 FEET AND SOUTH 30 FEET THEREOF AS ACCESS EASEMENT FOR HIGHWAY RIGHT-OF- WAY. PARCEL 2: THE EAST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE EAST 30 FEET AND THE NORTH 30 FEET THEREOF AS AN ACCESS EASEMENT FOR HIGHWAY RIGHT-OF-WAY. PARCEL 3: THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO AN EASEMENT FOR PUBLIC RIGHT- OF-WAY OVER AND ACROSS THE EAST 30 FEET THEREOF; AND EXCEPTING THE SOUTH 100 FEET THEREOF FOR CANAL RIGHT-OF-WAY. COMMENCING AT THE NORTHEAST CORNER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 22, S. 00°51'06" E., A DISTANCE OF 1334.40 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE ALONG THE SAID EAST LINE, S. 00°51'06" E., A DISTANCE OF 1334.40 FEET TO THE EAST QUARTER (1/4) CORNER OF SAID SECTION 22; THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 22, S. 00°50'18" E., A DISTANCE OF 2569.47 FEET TO A POINT ON THE NORTH LINE OF A 100 FEET WIDE CANAL RIGHT-OF-WAY; THENCE LEAVING THE SAID EAST LINE, N. 89°57'31" W., A DISTANCE OF 660.13 FEET ALONG THE SAID NORTH LINE; THENCE LEAVING THE SAID NORTH LINE, N. 00°44'25" W., A DISTANCE OF 2568.56 FEET TO A POINT ON THE EAST-WEST QUARTER (1/4) LINE OF SAID 17.C.2 Packet Pg. 2113 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 7 of 32 SECTION 22; THENCE LEAVING THE SAID EAST-WEST QUARTER (1/4) LINE N. 00°45'01" W., A DISTANCE OF 1334.03 FEET; THENCE N. 89°56'17" E., A DISTANCE OF 653.36 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 2,563,283.4 SQUARE FEET OR 58.84 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 1.3 PROPERTY OWNERSHIP The subject property is owned by: TBC Tree Farm 2, LLC (Folio: 00187400000, and 00187400002) TBC Tree Farm 1, LLC (Folio: 00188040005) Collier County (Folio: 00190041403, 7.42 ac property conveyed fee simple to Collier County – OR4413 PG 3834) 1.4 DEVELOPER The Tree Farm property is intended to be developed by the Tree Farm Land Trust or assignee. All reference to the “developer” as may be contained in this MPUD Document shall mean the Tree Farm Land Trust, unless, and until the subject property described and depicted in this MPUD Document is conveyed, or assigned. It is the responsibility of the Tree Farm Land Trust to notify Collier County, in writing, of the land conveyance, or assignment of the subject property described and depicted in this MPUD Document within six months from the actual conveyance, or assignment. 1.5 PHYSICAL DESCRIPTION The development property is located in Section 22, Township 48 South, Range 26 East, Collier County. It consists of ±58.84 acres located in the northwest corner of the intersection of Immokalee Road (CR 846) and Collier Boulevard (C.R. 951). The property was previously used as a tree nursery. Improvements on the property consist of a small maintenance shed and the property is generally without topographic relief, with the average elevation at approximately 13 feet above mean sea level. The water management system will consist of approximately ±6.4 acres of water management areas that will receive runoff from structures and parking areas. Run-off is collected by catch basins and culvert systems for conveyance to the project’s internal lake system. The project outfall will be at the project’s eastern boundary. Discharge will be into the Cocohatchee Canal that runs along Immokalee Road. Allowable discharge rates will be in accordance with applicable County ordinances. The water management system will be permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Permit (ERP) process. All rules and regulations of SFWMD will be imposed upon this project including, but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, and water quality pre- 17.C.2 Packet Pg. 2114 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 8 of 32 treatment. 1.6 PROJECT DESCRIPTION The Tree Farm MPUD shall be a mixed-use development. The southern ±18.69 acres of the property, located within Activity Center #3, shall allow for a variety of commercial uses. The remainder of the property shall be used for residential development. The commercial land uses within the Activity Center portion of the property are those typically associated with major intersections, including, but not limited to, convenience stores with gas pumps, restaurants, banks, and shopping centers anchored by a major grocery or retail store(s). The commercial uses and signage will be designed to be harmonious with one another and will be compatible with adjacent and nearby land uses. In addition to compliance with all applicable provisions of the LDC, except where deviations are authorized, compatibility and harmony will be achieved by using common architectural elements and common entryway signage and landscape design themes. The amenities proposed to be provided as part of the residential and recreational portion of the project include, but are not limited to structures (clubhouse), and complimentary areas (swimming pool, children’s playground, and tennis facilities) to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of passive (native preserves) and active recreational opportunities. Access to the property will be from Collier Boulevard (C.R. 951) and will include an access point off Immokalee Road, when a shared access agreement with the adjacent property to the west is negotiated. The access from Immokalee Road will be aligned with the access to the Pebblebrooke Subdivision located south of Immokalee Road, and across from and to the west of subject property. Access from Collier Boulevard is depicted on the MPUD Master Plan as follows: a right in / right out access at approximately 660 feet from the Collier Boulevard, Immokalee Road intersection; a directional median opening at approximately one-quarter (1/4) mile from Collier Boulevard, Immokalee Road intersection; a full median opening at approximately one-half (1/2) mile from the Collier Boulevard, Immokalee Road intersection; and an optional right in/right out access at approximately three quarter (3/4) mile from the Collier Boulevard/Immokalee Road intersection. The directional and full median openings will be aligned with the access points approved for the Heritage Bay DRI, and all access points are subject to review and approval of Collier County Transportation Services Division. All median openings are subject to modification or closure by Collier County in the exercise of its police power. Additionally, this project has provided adequate land to accommodate the widening of Immokalee Road and Collier Boulevard, including intersection improvements and the reconfiguration of the Immokalee canal to facilitate such improvements. The Tree Farm MPUD will be served with centrally provided potable water, sanitary sewer, electric power, and telephone facilities. Additional services will be provided as deemed appropriate. 17.C.2 Packet Pg. 2115 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 9 of 32 1.7 SHORT TITLE This Ordinance shall be known and cited as the “Tree Farm Mixed-Use Planned Unit Development (MPUD) Ordinance”. THIS SPACE INTENTIONALLY LEFT BLANK 17.C.2 Packet Pg. 2116 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 10 of 32 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to generally describe the project plan of development, relationships to applicable County ordinances, the respective land use districts within the Tree Farm MPUD, as well as other project relationships. 2.2 DESCRIPTION OF PROJECT PLAN AND LAND USE DISTRICTS The project Master Plan, including layout of streets and use of land is graphically illustrated by Exhibit “A”, MPUD Master Plan. There shall be four land use districts, portions of which may include water management lakes or facilities, and private rights-of-way or drive aisles. A breakdown of the Tree Farm MPUD land use districts and their respective acreages is presented in Table I. TABLE II PROJECT LAND USE TRACTS DISTRICT TYPE ACREAGE “C/MU” COMMERCIAL MIXED-USE ±18.69* “R” “RA” RESIDENTIAL RECREATIONAL AREA ±39.1964 ±0.45 “P” PRESERVE ±0.51 TOTAL 58.84 * Note: the MPUD provides for a total of 7.42 acres of right-of-way conveyance for Collier Boulevard, expansion of Immokalee Road, and improvements to the intersection of these two arterial roadways. This right-of-way conveyance includes 4.34 acres within the “C/MU” Commercial Mixed-Use Tract (Activity Center) and 3.08 acres within the “R” Residential Tract 2.3 MAXIMUM PROJECT DENSITY AND INTENSITY A. The Commercial Mixed-Use District will be limited to 18.69 acres within the designated Activity Center. The Residential District will be limited to 39.19 64 acres. B. Intensity: A maximum of 12080,000 square feet of commercial uses and 105,000 square feet of indoor self-storage uses may be constructed within the Commercial Mixed-Use District, of which a maximum of 100,000 square feet may be retail or office and the balance (above 100,000 square feet) is limited to office use, as set forth in Section 3.3 of this MPUD. 17.C.2 Packet Pg. 2117 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 11 of 32 C. Approved Density: A maximum of 281 460 multi-family/single-family attached/townhouse units and or 138 single-family detached residential dwelling units may be constructed in the total project area subject to the trip cap in Section 6.3.J of this PUD. The gross project area is 58.84± acres. The gross project density, therefore, will be a maximum of 4.787.82 dwelling units per acre. The Activity Center shall be developed at a human scale, be pedestrian-oriented, and be interconnected with the remaining portion of the project with pedestrian and bicycle facilities. 2.4 EXISTING STRUCTURES The existing principal structures within the MPUD boundaries may be retained and utilized through the construction and platting phases of the development. 2.5 NATIVE VEGETATION RETENTION REQUIREMENTS A. A minimum of 0.51 acres (25% of the 2.02 acres of native vegetation on site) is required to be retained or replanted. The Tracts identified as “P,” contain 0.51 +/- acres and fully satisfy the native vegetation requirements. B. This MPUD is subject to a Compliance Agreement entered into and made on June 6, 2005 by and between Collier County and the Tree Farm Land Trust, with respect to vegetation removal on the subject property. This Agreement establishes that 0.51 acres of native preserve shall be provided within the MPUD. A copy of this Compliance Agreement is attached as Exhibit “D”. 2.6 RIGHTS-OF-WAY At the discretion of the developer, the minimum right-of-way width to be utilized for all internal project streets may be fifty feet (50’). Deviation #1 from Section 6.06.01(O) of the LDC. Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. 2.7 FENCES AND WALLS Deviation #2 seeks relief from LDC Section 5.03.02.C, which permits a maximum wall height of 6’ in residential zoning districts and residential components of a PUD, to allow a maximum wall height of 8’ along the perimeter of the PUD, and allow a 12’ wall/berm combination within residential portions of the PUD along Collier Boulevard. The berm portion of the 12’ wall/berm shall be a minimum of 3’ in height. 17.C.2 Packet Pg. 2118 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 12 of 32 2.8 SIGNAGE A. General All signs will be provided in accordance with Chapter 5.06.00 of the LDC except in the following instances. 1. Boundary marker monuments containing project identification signs designed to identify the project, or any major use within the project, shall be permitted in locations depicted on the MPUD Master Plan (Exhibit “A”). Said boundary marker monument shall not exceed 6 feet in height as measured from finished grade at the location of the boundary marker monument. The sign face area for such boundary markers shall not exceed 64 square feet in area and shall not exceed the height or length of the monument on which it is located. If the sign is two-sided, each sign shall not exceed 64 square feet in area. Each sign shall only contain the main project name, insignia or motto of the entire development, and the developer’s name and logo. Boundary marker monuments shall be setback a minimum of 10 feet from any MPUD perimeter property line. DEVIATION #3 2. One off-premises sign may be located to the west of the Tree Farm MPUD generally located near the access to Collier Boulevard from the property immediately adjacent to the west of Tree Farm MPUD. The off-premise sign may deviate from the maximum 12 square foot size set forth in Section 5.06.04.C.15.b.i., but may not exceed 16 square feet in size, and may also deviate from Section 5.06.04.C.15.b.v., which requires such off-site signs to be located within 1000 feet of the intersection of the arterial roadway serving the building, structure or use. DEVIATION #4 17.C.2 Packet Pg. 2119 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 13 of 32 SECTION III COMMERCIAL MIXED-USE DISTRICT (C/MU) 3.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as District “C/MU”, Commercial on Exhibit “A”, MPUD Master Plan. The general function and purpose of this District is to provide the opportunity for diverse types of commercial activities that deliver goods and services, including entertainment and recreational attractions, to many segments of the population. 3.2 MAXIMUM COMMERCIAL/OFFICE SQUARE FEET AND MINIMUM RESIDENTIAL DEVELOPMENT The 18.69 ± acre commercial area (District “C”), is limited to a maximum of 12080,000 square feet of commercial/office uses, of which a maximum of 100,000 square feet may be retail or office and the balance (above 100,000 square feet) is limited to office use. Indoor storage uses are in addition to the square footages identified above but shall not exceed 105,000 square feet. A minimum of 30 percent of the density generated from the Activity Center acreage shall be developed within the Commercial Mixed Use District, (a minimum of 54 dwelling units) and the balance of the density generated from the Activity Center acreage may be developed within 1/3 mile of the Activity Center boundary. 3.3 PERMITTED USES No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or in part, for other than the following: A. Principal Uses1: 1. Group 0742 – Veterinary services for animal specialties (except outdoor kennel) Group 0742 – Veterinary services for animal specialties (except outdoor kennel); 2. Group 4225 – self storage: indoor air-conditioned self-storage with no outside storage. Storage units with roll up doors are not required to be air conditioned. 2.3. Establishments furnishing point-to-point communications services as outlined under Major Group 48 in the Standard Industrial Classification Manual; no communication towers are permitted. 3.4. Group 5231 – Paint glass, and wallpaper stores; 4.5. Group 5251 – Hardware stores; 1 Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition. 17.C.2 Packet Pg. 2120 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 14 of 32 5.6. Group 5261 – Retail nurseries, lawn and garden supply stores; 6.7. Major Group 53 – General merchandise stores. 7.8. Major Group 54 - Food stores. 8.9. Group 5531 – Auto and home supply stores, not including any installation facility; 9.10. Group 5541 – Gasoline stations, not including service facilities; 10.11. Group 7542 – Carwashes only. 11.12. Industry Group 555 – Boat dealers. 12.13. Major Group 56 – Apparel and accessory stores. 13.14. Major Group 57 – Home furniture, furnishings, and equipment stores. 14.15. Major Group 58 – Eating and drinking places. 15.16. Major Group 59 – Miscellaneous Retail. Industry Group Numbers: 596 – nonstore retailers; 598 – and not including retail sale of fireworks. 16.17. Major Groups 60, excluding 6099 check cashing agencies, 61, 62, 63, 64, 65, and 67 in the Standard Industrial Classification Manual. 17.18. Group 7011 – Hotels and motels. The maximum floor area ratio for hotels shall not exceed a factor of 0.60. Not to exceed a maximum of 250140 units for the entire PUD. 18 Establishments operating primarily to provide personal services for the following Industry groups: a. 721 – Laundry, cleaning, and garment services, only including Group 7211 – power laundries, family and commercial, Group 7215 – Coin-operated laundries and dry-cleaning, and Group 7217 – carpet and upholstery cleaning; b. 722 – Photographic portrait studios; c. 723 – Beauty shops d. 724 – Barber shops; e. 725 – Shoe repair shops and shoeshine parlors; f. 729 – Miscellaneous personal services, only including Group 7291 Tax return preparation services, and Group 7299 personal services, not elsewhere classified, only including car title and tag service, computer photography or portraits, costume rental, diet workshops, electrolysis (hair removal), genealogical investigation service, hair weaving or replacements service, dress suit or tuxedo rental, and tanning salons. 17.C.2 Packet Pg. 2121 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 15 of 32 19. Establishments operating primarily to provide business services for the following Industry Groups: a. 731 – Advertising, not including Group 7312 outdoor advertising services agencies; b. 733 – Mailing, reproduction, commercial art and photography, and stenographic services; c. 735 – Group 7352 – medical equipment rental and leasing; d. 737 – Computer programming, data processing, and other computer related services, not including Group 7371 – computer programming services. 20. Establishments primarily engaged in developing film and in making photographic prints and enlargements for the trade or for the general public, only including Group 7384, photofinishing laboratories. 21. Group 7513 – Truck rental and leasing, without drivers; Group 7514 – passenger car rental; Group 7515 – passenger car leasing; and Group 7519 – utility trailer and recreational vehicle rental. 22. Group 7631 – Watch, clock, and jewelry repair, and Group 7699 – repair shops and related services, not elsewhere classified. 23. Group 7832 – Motion picture theaters, except drive-in, and Group 7841 – video tape rental. 24. Major Group 79 – Amusement and recreation services, for the following industry numbers: a. Group 7911 – Dance studios, schools and halls b. Group 7922 – Theatrical producers (except motion picture) and Group miscellaneous theatrical services c. Group 7941 – Professional sports clubs and promoters, only including managers of individual professional athletes, and promoters of sports events. d. Group 7991 – Physical fitness facilities e. Group 7999 – Amusement and recreation services, not elsewhere classified, to include moped rental, motorcycle rental, rental of bicycles, schools and camps-sports instructional, scuba and skin diving instruction, sporting goods rental only. 25. Major Group 80 – Health services for the following industry groups: a. 801 – Offices and clinics of doctors of medicine; b. 802 – Offices and clinics of dentists; c. 803 – Offices and clinics of doctors of osteopathy; d. 804 – Offices and clinics of other health practitioners. 26. Major Group 807 – Medical and dental laboratories for the following industry numbers: a. Group 8071 – Medical laboratories; b. Group 8072 – Dental laboratories. 17.C.2 Packet Pg. 2122 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 16 of 32 27. Establishments operating primarily to provide legal services as defined under Major Group 81. 28. Group 8231 – Libraries. 29. Membership organizations engaged in promoting the interests of their member as defined under Major Group 86. 30. Establishment operating primarily to provide engineering, accounting, research, and management for the following Industry Numbers: a. Group 8711 – Engineering services b. Group 8712 – Architectural services c. Group 8713 – Surveying services d. Group 8721 – Accounting, auditing and bookkeeping services e. Group 8732 – Commercial economic, sociological, and educational research f. Group 8741 – Management services g. Group 8742 – Management consulting services h. Group 8743 – Public relations services i. Group 8748 – Business consulting services. 31. Offices of government as defined under Major Group 91 – Executive, legislative, and general government, except finance. 32. Residential multi-family dwelling units, whether in a free standing residential building or located in a mixed commercial and residential building. Mixed use buildings shall adhere to the development standards set forth in Table III below. Residential units shall not be located on the first floor of a mixed use building, and shall be subject to a minimum per unit floor area of 1,000 square feet. Residential buildings with no commercial component shall adhere to the development standards set forth in Table IV. A minimum of 54 dwelling units and a maximum of 179 dwelling units shall be constructed within the C/MU designated area consistent with the requirements for Mixed-Use Activity Centers and Growth Management Plan. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Parking facilities and signage. 2. Uses and structures that are accessory and incidental to the permitted uses within this MPUD Document. 3. One caretaker’s residence. 17.C.2 Packet Pg. 2123 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 17 of 32 3.4 DEVELOPMENT STANDARDS A. Table III below sets forth the development standards for land uses within the Tree Farm MPUD Commercial District. Standards not specified herein shall be those specified in applicable sections of the LDC in effect as of the date of adoption of this Ordinance. 17.C.2 Packet Pg. 2124 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 18 of 32 TABLE III DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 sq. ft. N/A AVERAGE LOT WIDTH 100 ft. N/A MINIMUM YARDS (External) From Immokalee Road Canal ROW 25 ft. SPS From Future Extension of Collier Blvd. 25 ft. SPS From Western Project Boundary 25 ft. 15 ft. MINIMUM YARDS (Internal) Internal Drives/ROW 15 ft. 10 ft. Rear 10 ft. 10 ft. Side 10 ft. 10 ft. Lakes 25 ft. 20 ft. Preserves 25 ft. 10 ft. MIN. DISTANCE BETWEEN STRUCTURES 10 ft. or 1/2 the sum of building heights 10 ft. MAXIMUM HEIGHT ZONED ACTUAL Retail Buildings (with or without residential uses) 50 ft. 62 ft. 35 ft. Hotel and self-storage 50 ft. 62 ft. Office Buildings (with or without residential uses) 65 ft. 77 ft. 35 ft. MINIMUM FLOOR AREA 1,000 sq. ft. N/A MAX. GROSS LEASABLE COMMERCIAL AREA 1280,000 sq. ft. N/A INDOOR SELF-STORAGE 105,000 sq. ft.  N/A  No structure may be located closer than 20 feet to the top of bank of a lake (allowing for the required minimum 20 foot wide lake maintenance easement).  Whichever is greater.  Per principal structure, kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of twenty-five (25) square feet and shall be subject to the accessory structure standards set forth in the LDC.  Total allowable commercial square footage is 1280,000 square feet; however no more than 100,000 may be retail or office and the balance, above 100,000 square feet, if developed, shall be office. Indoor self- storage uses are in addition to the square footages identified above but shall not exceed 105,000 square feet. In the event the property is developed as a unified development with the Addie’s Corner PUD, a zero foot setback shall be allowed along the common property PUD boundary and no landscape buffer shall be required. [Approved HEX Decision 2018-12] 17.C.2 Packet Pg. 2125 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 19 of 32 SECTION IV RESIDENTIAL DISTRICT (R) 4.1 PURPOSE The purpose of this section is to identify specific development standards for areas designated as “R” on the MPUD Master Plan, Exhibit “A”. Residential uses, infrastructure, perimeter land use buffers, and signage will occur within this District. 4.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the MPUD shall be established at the time of development plan review, but shall not exceed 281 460 multi- family/single-family attached/townhouse and single family detached residential dwelling units or any combination thereof. Subject to the trip cap in Section 6.3.J of this PUD. or 138 single-family detached units. For the purpose of calculating the project density, 4 assisted living facilities (ALF) units shall constitute 1 residential dwelling unit and the maximum number of ALF units shall not exceed 150 units. Subject to the trip cap in Section 6.3.J of this PUD. a. All dwelling units above 281 shall be located within the C/MU district or within 1/3 mile of the Activity Center boundary. 4.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Single-family attached dwellings (including townhouses intended for fee simple conveyance); 2. Zero lot line dwellings; 3. Single-family detached dwellings; 4. Duplexes, two-family dwellings; 5. Multiple-family dwellings; 6. ALF with ancillary medical uses and personal services for residents and their guests, including but not limited to, beauty salon, bank, pharmacy and convenience store. (Such ancillary medical or personal service uses shall only be accessed from inside the ALF (no exterior access). No external signage or advertising shall be permitted in support of these ancillary medical or personal service uses. 17.C.2 Packet Pg. 2126 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 20 of 32 B. Residential Accessory Uses: 1. Customary accessory uses and structures including, but not limited to private garages, swimming pools and screened enclosures. 2. Any other principal use which is comparable in the nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (“BZA”) or Hearing Examiner, as applicable. C. Amenity Area: 1. Principal Uses: a. Clubhouses, gazebo, community administrative facilities and recreational facilities intended to serve residents and guests, including leasing and construction offices. b. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (“BZA”) or the Hearing Examiner. 2. Accessory Uses: a. Accessory uses and structures customarily associated with the principal uses permitted in this MPUD, including but not limited to swimming pools and spas. b. Water management facilities to serve the project such as lakes. b.c. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. d. Any other accessory and related use that is determined to be comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this MPUD as determined by the BZA or the Hearing Examiner. 4.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. 17.C.2 Packet Pg. 2127 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 21 of 32 THIS SPACE INTENTIONALLY LEFT BLANK 17.C.2 Packet Pg. 2128 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 22 of 32 TABLE IV  RESIDENTIAL DEVELOPMENT STANDARDS    DEVELOPMENT STANDARDS SINGLE- FAMILY DETACHED SINGLE-FAMILY ATTACHED & TOWNHOUSE TWO FAMILY, PATIO 1,2 & ZERO LOT LINE MULTI FAMILY 5 AMENITY AREA6, 9 PRINCIPAL STRUCTURES MINIMUM LOT AREA 2,250 S.F. PER UNIT 2,250 S.F. PER UNIT 2,250 S.F. PER UNIT 10,000 S.F. 10,000 S.F. MIN LOT WIDTH 35 FEET 20 FEET 35 FEET 100 FEET N/A MINIMUM FLOOR AREA 1,000 S.F. 1,000 S.F. 1,000 S.F. 750 S.F./D.U. N/A MIN FRONT YARD 3,4 15 FEET 15 FEET 15 FEET 15 FEET 25 FEET MIN SIDE YARD 5 FEET 0 FEET or 5 FEET 0 FEET or 5 FEET 10 FEET 25 FEET MIN REAR YARD 7.5 FEET 7.5 FEET 7.5 FEET 20 FEET 25 FEET MIN PUD BOUNDARY WEST EAST NORTH SOUTH N.A. N.A. N.A. N.A. 100 FEET 25 FEET 25 FEET 25 FEET MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MIN. DIST. BETWEEN STRUCTURES 10 FEET 10 FEET 10 FEET 20 FEET or ½ ZONED BH, WHICHEVE R IS GREATER 20 FEET MAX. ZONED HEIGHT 2 STORIES NTE 42 FEET 2 STORIES NTE 42 FEET 2 STORIES NTE 42 FEET 3 4 STORIES NTE 50 FEET 2 STORIES NTE 5035 FEET ACTUAL HEIGHT 54 FEET 54 FEET 54 FEET 62 FEET 6245 FEET ACCESSORY STRUCTURES7, 8 FRONT 10 FEET 10 FEET 10 FEET 10 FEET 15 FEET SIDE 5 FEET 5 FEET 5 FEET 5 FEET 15 FEET 17.C.2 Packet Pg. 2129 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 23 of 32 REAR 5 FEET 5 FEET 5 FEET 5 FEET 15 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET 25 FEET MAX. BLDG. HT. NOT TO EXCEED [ACTUAL] SPS SPS SPS 3 STORIES NTE 42 FEET 2 STORIES NTE 42 FEET S.P.S .: Same as Principal Structures. NTE: Not To Exceed BH: Building Height General Notes: Front yards shall be measured as follows: If the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). Setback from lake easements for all accessory uses and structures may be zero feet (0’). No structure, other than those permitted within the LDC to be located within a required landscape buffer tract or easement, shall encroach into a required landscape buffer tract or easement. Footnotes 1) A patio home is a detached or semi-detached single-family unit from ground to roof wherein each dwelling unit lot is enclosed by a wall located at the lot line, thus creating a private yard between the house and the wall. 2) Setback may be either zero feet (0’) on one side and five feet (5’) on the other side in order to provide a minimum separation between principal structures of ten feet (10’). At the time of application for subdivision plat approval for each tract, a lot layout depicting minimum yard setbacks and building footprint shall be submitted. 3) Front loading garages shall have a minimum front yard setback of twenty-three feet (23’), as measured from the back of sidewalk. Side loaded garages may be located less than twenty-three feet (23’) feet from the back of sidewalk provided that the driveway design allows for parking of vehicles so as not to interfere with or block the sidewalk. These provisions apply to a garage whether attached to the principal structure or detached. 4) For corner lots, only one (1) front yard setback shall be required. The yard that does not contain the driveway shall provide a 10' setback. 5) In the event the property is developed as a unified development with the Addie’s Corner PUD, a zero foot setback shall be allowed along the common property PUD boundary and no landscape buffer shall be required. [Approved HEX Decision 2018-12] 6) Where the Amenity Area abuts residential lots, the required 15’ Type B buffer shall include a 6’ wall. 7) Setback from lake easements for all accessory uses and structures may be zero feet (0’). 8) All landscape Buffer Easements and/or Lake Maintenance Easements shall be located within open space tracts or lake tracts and not be within a residential lot. Where a home site abuts a Landscape Buffer Easement or Lake Maintenance Easement within open space tracts or lake tracts, the accessory structure setback on the residential lot may be reduced to zero (0) feet where it abuts the easement. 9) Applies only to active recreation areas such as pools, outdoor courts, clubhouses and similar uses. Passive recreational uses shall have no PUD boundary setback. 17.C.2 Packet Pg. 2130 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 24 of 32 4.5 PERMITTED USES FOR RECREATIONAL AREA, LABELED “RA” ON MASTER PLAN A. Principal Uses: 1. Clubhouse, gazebo, or other structures intended to provide social and recreational space for the private use of the residents and their guests. 2. Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts, playgrounds, pedestrian/bicycle pathways, and water features. 3. Passive open space uses and structures, such as but not limited to landscaped areas, gazebos, and park benches. 4. Any other principal use which is comparable in the nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (“BZA”) or Hearing Examiner, as applicable. B. Accessory Uses: 1. Community maintenance areas, and maintenance structures. 2. Any other accessory use which is comparable in nature with the foregoing list of permitted accessory uses, as determined by the Board of Zoning Appeals (“BZA”) or Hearing Examiner, as applicable. THIS SPACE INTENTIONALLY LEFT BLANK 17.C.2 Packet Pg. 2131 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 25 of 32 TABLE V RECREATIONAL AREA DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS RECREATIONAL AREA PRINCIPAL STRUCTURES MINIMUM LOT AREA 10,000 S.F. MINIMUM LOT WIDTH N/A MINIMUM FLOOR AREA N/A MIN. FRONT YARD 25’ MIN PRESERVE SETBACK 25 FEET MIN. SIDE YARD 25’ MIN. REAR YARD 25’ MIN. DISTANCE BETWEEN STRUCTURES 20’ MAX. ZONED HEIGHT 2 STORIES NTE 50 FEET MAX. ACTUAL HEIGHT 62 FEET ACCESSORY STRUCTURES MIN. FRONT YARD 15’ MIN. SIDE YARD 15’ MIN. REAR YARD 15’ PRESERVE SETBACK 25’ MAX. BUILDING HEIGHT NOT TO EXCEED 2 STORIES NTE 42 FEET NTE: Not to exceed Note: Where the Recreational Area abuts residential lots, the required 15’ Type B buffer shall include a 6’ wall. THIS SPACE INTENTIONALLY LEFT BLANK 17.C.2 Packet Pg. 2132 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 26 of 32 SECTION V PRESERVE AREA (P) 5.1 PURPOSE The purpose of this section is to set forth the development plan for areas designated as District “P”, Preserve Area on Exhibit “A”, MPUD Master Plan. The primary function and purpose of this District is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state. 5.2 USES PERMITTED A. Principal Uses: 1. Open spaces/nature preserves. B. Accessory Uses: 1. Water management structures. 2. Mitigation areas. 3. Passive recreational uses such as pervious nature trails or boardwalks shall be allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. For the purpose of this Section, passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to the preserve, such as pervious pathways, benches and educational signs. Fences may be utilized outside of the preserve to provide protection of the preserve in accordance with the applicable requirements set forth in the LDC. Fences and walls shall not be permitted within the preserve area. Perimeter berms and swales shall be located outside preserve boundaries. C. The .51 acre preserve tract depicted on the MPUD Master Plan shall be re-vegetated in compliance with MPUD Exhibit “D”, Compliance Agreement, and in accordance with the applicable provisions of the LDC. 17.C.2 Packet Pg. 2133 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 27 of 32 SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in accordance with SDP, subdivision plans (if required), and all applicable State and local laws, codes, and regulations applicable to this MPUD. Except where specifically noted or stated otherwise, the standards and specifications of the LDC shall apply to this project, even if the land within the MPUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this Document. The developer, its successors or assignee, shall follow the Master Development Plan and the regulations of the MPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignee in title to the developer are bound by any commitments within this Document. These commitments may be assigned or delegated to a condominium/ homeowners’ association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments. 6.3 TRANSPORTATION The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. If any required turn lane improvement requires the use of existing County rights-of way or easements, compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. B. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the fair share cost of such improvement shall be borne by the developer. 17.C.2 Packet Pg. 2134 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 28 of 32 C. The applicant shall reserve rights-of-way for Collier Boulevard and Immokalee Road expansion and intersection improvements as depicted on the MPUD Master Plan (Right-of-way Reservations Tracts A, B, and C, totaling 7.42 +/- acres). The applicant shall receive impact fee credits in exchange for Right-of-way Reservation Tract B (0.47 acres), but shall not receive impact fee credits for the reservation and eventual dedication of Right-of-way Reservation Tracts A and C. The applicant shall convey by deed, in fee simple, at no cost to the County (other than the aforementioned impact fee credits for Tract B) all lands reserved as depicted on the MPUD Master Plan (as noted herein) within 90 days of written request of the County. D. The applicant shall construct a twelve foot (12’) asphalt greenway within the Immokalee Road canal right-of-way, or within the adjacent right-of-way reservation area, at the discretion of the Collier County Transportation Services Division. The greenway shall be located on the north side of the canal and shall connect to the greenway that Collier County is constructing to the west of the Tree Farm MPUD property. The developer shall provide five (5) parking spaces for public use in close proximity to and accessible from the greenway. These parking spaces may be located within the Commercial Tract, and may be located within the Right-of-way Reservation Tract “A” on a temporary or permanent basis, with approval from Collier County Transportation Services Division. The greenway shall be constructed prior to the issuance of the first certificate of occupancy (CO) within the MPUD. E. The applicant shall design the project stormwater management system so as to accept and treat stormwater from fifty percent (50%) of the impervious area of proposed extension of Collier Boulevard adjacent to the Tree Farm MPUD, in accordance with South Florida Water Management District permitting requirements. F. The applicant shall be responsible for fair share costs of improvements to the Immokalee Road/Collier Boulevard intersection, including bridge replacement and/or widening as may be necessary to construct a minimum of two north and two southbound through lanes as well as necessary turn lanes G. The applicant shall ensure that any easements necessary to facilitate interconnections to properties to the west as shown on the MPUD Master Plan shall be granted by the appropriate instrument(s) at the time of submittal of the first development order application. H. No certificate of occupancy (CO) for development within the Tree Farm MPUD will be issued until 6 laning of the following roadway segments has been substantially completed (that is fully open to traffic): 1. Immokalee Road from Collier Boulevard west to I-75 2. Immokalee Road from Collier Boulevard East to Oil Well Road 3. Collier Boulevard from Immokalee Road south to Golden Gate Boulevard. 17.C.2 Packet Pg. 2135 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 29 of 32 I. Should it become necessary or desirable to construct a wall to mitigate the impacts of noise from Collier Boulevard or Immokalee Road, the owner, successor or assigns shall be responsible for the costs of designing and installing said wall or walls for the portion adjacent to the project boundary. J. The Tree Farm MPUD TIS was based on a development scenario that assumed a variety of commercial uses and a maximum of 281 460 multi-family units. The total trip generation was estimated in the TIS to be 580 PM peak hour two-way external trips to adjacent streets based on ITE trip generation rates. The development scenario analyzed in the TIS may change. However, the Project’s estimated trip generation will not exceed a maximum of 580 PM peak hour two-way external trips to adjacent streets.The maximum total daily trip generation for the PUD shall not exceed 580 two- way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. K. The owner shall provide a bicycle and pedestrian interconnection between the C-MU and R tracts as required by the MUAC. 6.4 UTILITIES The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. The developer shall reserve one (1) area to be granted as an easement to Collier County for a raw water well. The dimension of this well easement will be at a maximum of 80 feet by 50 feet. The approximate location of this well easement is depicted on the MPUD Master Plan. The water well easement site is located at the northeastern corner of the MPUD, and can be accessed from Collier Boulevard Extension. The grant of this easement shall occur at the time of site development plan or final plat approval for the area within the development phase that contains the well easement site. At the time of the site development plan and/or final plat submittal, the developer shall provide the well site easement that meets the standard setback requirements for water wells. 6.5 ENVIRONMENTAL A. The development shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to “listed species”. A Big Cypress Fox Squirrel Management Plan shall be submitted to Environmental 17.C.2 Packet Pg. 2136 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 30 of 32 Services Staff for review and approval prior to site plan/construction plan approval. Where protected species are observed on site, a Habitat Management Plan for those protected species, or their habitats shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. 6.6 AFFORDABLE-WORKFORCE HOUSING: A. The applicant shall provide 15% of the total units built in the project in the affordable housing price range or workforce housing, i.e., for those who earn up to 150% of the median income as calculated annually using the Collier County median income figure for a family of four as determined by the United States Housing and Urban Development Department (HUD). The applicant will use the most current median income figure as defined above at the time of sale to determine if that unit falls into the 150% median income or below. Currently, that would allow a sales price of up to $321,000. The applicant will provide verification of the sales prices to Collier County’s Housing and Human Services Department. The form of verification shall be determined between the applicant and the Collier County Housing and Human Services Division. 6.76.6 PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is TBC Tree Farm 1, LLC, 14004 Roosevelt Boulevard, Suite 601, Clearwater, Florida 33762. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner’s agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 6.86.7 MISCELLANEOUS A. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. (Section 125.022, FS) B. All other applicable state or federal permits must be obtained before commencement of the development. 17.C.2 Packet Pg. 2137 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 31 of 32 6.8 DEVIATIONS A. Deviation #1 At the discretion of the developer, the minimum right-of-way width to be utilized for all internal project streets may be fifty feet (50'). Deviation #1 from section 6.06.01(0) of the LDC. Utilization of lands within all project right-of-way for landscaping. Decorative entranceway and signage may be allowed subject to review and administrative approval by the community development and environmental services administrator, or his designee, for engineering and safety considerations prior to installation. [Approved in Ord. 07-54] B. Deviation #2 Relief from LDC Section 5.03.02.C, which permits a maximum wall height of 6' in residential zoning districts and residential components of a PUD, to allow a maximum wall height of 8' along the perimeter of the PUD, and allow a 12' wall/berm combination within residential portions of the PUD along Collier Boulevard. The berm portion of the 12' wall/berm shall be minimum of 3' in height. [Approved in Ord. 07-54] C. Deviation #3 Boundary marker monuments containing project identification signs designed to identify the project, or any major use within the project, shall be permitted in location depicted on the MPUD master plan (Exhibit "A"). Said boundary marker monument shall not exceed 6 feet in height as measured from finished grade at the location of the boundary marker monument. The sign face area for such boundary markers shall not exceed 64 square feet in area and shall not exceed the height or length of the monument, which it is located. If the sign is two- sided, each sigh shall not exceed 64 square feet in area. Each sign shall only contain the main project name, insignia or motto of the entire development, and the developer's name and logo. Boundary marker monuments shall be setback a minimum of 10 feet from any MPUD perimeter property line. [Approved in Ord. 07-54] D. Deviation #4 One off-premises sign may be located to west of the tree farm MPUD generally located near the access to collier boulevard from the property immediately adjacent to the west of Tree Farm MPUD. The off-premise sign may deviate from the maximum 12 square foot size set forth in section 5.06.04.C.15.b.i.G.2.a., but may not exceed 16 square feet in size, and may also deviate from section 5.06.04.C.15.b.vG.2.e., which requires such off-site signs to be located within 1,000 feet of the intersection of the arterial roadway serving the building, structure or use. [Approved in Ord. 07-54] 6.9 ESSENTIAL SERVICE PERSONNEL HOUSING 1. The Developer agrees that thirty percent of the rental housing units constructed within the project will as they become available be offered for rent first to Essential Service Personnel (ESP) persons involved in providing essential services in Collier County, as defined as follows: Those individuals employed in the community as teachers, educators, other school district employees, community college and university employees, police and fire personnel, health care personnel, and government employees. 2. In an effort to attract ESP renters, the Developer will provide written notification at a minimum to Collier County and its Constitutional Officers, the Collier County School District, all local hospitals, City of Naples, City of Marco Island, Everglades City, and all 17.C.2 Packet Pg. 2138 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Words underlined are additions; words struck through are deletions Tree Farm MPUD, PL20180002194 Last Revised 12/11/2019 Page 32 of 32 independent fire districts that ESP units are available to be rented and will be set aside for the applicable period described below. Any printed advertising for the development shall identify the project prioritizes units for ESP. 3. The period of time that the rental unit will be reserved and advertised first for ESP persons will be a minimum of 60 days from the date the unit is first advertised for rent and 30 days thereafter when a unit is offered for rent due to a projected or actual vacancy. If an ESP renter is not committed to a lease within the initial 60 day, or subsequent 30-day period, the unit may be offered for rent to a non ESP renter. The Developer will notify the Community and Human Services Division 60 days prior to the initial availability of the units in order for Community and Human Services to also contact the entities named in 2. above. 4. The restriction to provide units first to ESP renters shall remain in effect for 15 years. 17.C.2 Packet Pg. 2139 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) i Lq n Ir rl I n n 1 rl m j I r l E zj z li ZJ f S h jiI I N o o a o zG tl1 zfa CIJ erj C tl1 00fll seN 00 Jo l c w i G tI1 6 U C C n z l Tj I III ni I I I l I I II Il l il I I 1lLr I I il 1 I if II rI I I O E 1 5 11 r lj II 1 Ii I 1 II gg2 oR z s g tIj f2o 01 nS Q I l d etj I i ItI Exhibit A to HEX No. 2015-42 Page 31 of 38 17.C.2 Packet Pg. 2140 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) 1 1 TREE FAR V LA D TRUST ERIL PHOTOGRAPH TREE FARM MPUD RIllA L t J 0 0 1 Il tI1ee i r t or brptr PI P it lLnJg r m Exhibit A to HEX No. 2015-42 Page 32 of 38 17.C.2 Packet Pg. 2141 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Exhibit A to HEX No. 2015-42 Page 34 of 3817.C.2Packet Pg. 2142Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Exhibit A to HEX No. 2015-42 Page 35 of 3817.C.2Packet Pg. 2143Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) I 1 111I WhHHO H1mmlp8 g I I g c o I F o j I I I I III IIIIII I 1 i I I I 0 l o i 7 lll and TREE FAR 1 LAND TRGST CONCEPTUAL R A TER i i ANACE VIE iT PLJ f I l f04SVIKJlII5 t S3 S3NlJ OOlIBJ1SrodOI1HIonj tMlj ll1II 1 1 Y2L 1 O S ig i 7 Ii j I f il I I 01iI r 1 lt fL lfIII i I i 1 I J r J n i H c i tp i 11JjItl i t Htr11Frl IiI 11 il fts cc li i Ii IifilIifLcLlIltlJ I i I I I I V F a I Ilmi l d Iii11fIJf n C c o 1 I Ii ir n o Z n trI ii e r m m @ 00trIC O Z ii r Z TREE FARM MPUD D XT C CONSULTING avil Surveyin Mpping 5 y Exhibit A to HEX No. 2015-42 Page 36 of 38 17.C.2 Packet Pg. 2144 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) II I II I I 1 Tf 19 lib I e N o z x i 1 I I iI Ii i I I I I I i i TREE FARM LAND TRUST CONCEPTUAL WATER IA JACDilENT PLAN g 0 N o fii l x t ur i r I l I TREE FARM MPUD 1 R1fI fL C T c l TJ n IEIjG5m Ro I I lJzT@ I o n tT1 tT1 c tJj l ng llccr Sulw rs lnlP r P Llne rrojcr lom Exhibit A to HEX No. 2015-42 Page 37 of 38 17.C.2 Packet Pg. 2145 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) I I e I I I I I r z IfnI I I I I I I u n 6 z n I n I I I I II Vct I lIJ I iIi 1 I IIIc I 0 I c r s V TRLE F R 1 L D TRUST Rn SECTIONS i l I IiIi Ii l s TREE FARM MPUD CD F 1 C tp i i jISI I Ic I T o i g 1z k c 0 ist i L I I I L RlVl L I I Exhibit A to HEX No. 2015-42 Page 38 of 38 17.C.2 Packet Pg. 2146 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) 17.C.2 Packet Pg. 2147 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) 17.C.2 Packet Pg. 2148 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) 12' TRAVEL LANE 2' 6' (SOD)12' TRAVEL LANE 2' 6' (SOD) 5' CONCRETE SIDEWALK FUTURE C/MU DEVELOPMENT AVERAGE EXISTING GROUND ELEV = VARIES STABILIZED SUBGRADE LIMEROCK BASE ASPHALT CONCRETE 50' R.O.W. / ACCESS EASEMENT TREE FARM MPUD 10' TYPE "D" LANDSCAPE BUFFER / PUE TYPE "F" CURB AND GUTTER (TYP) 5' CONCRETE SIDEWALK FUTURE C/MU DEVELOPMENT 10' TYPE "D" LANDSCAPE BUFFER / PUE GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 www.GradyMinor.com Fort Myers: 239.690.4380 17.C.2 Packet Pg. 2149 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) 17.C.2 Packet Pg. 2150 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) 17.C.2 Packet Pg. 2151 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) 17.C.2 Packet Pg. 2152 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) 17.C.2 Packet Pg. 2153 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) 17.C.2 Packet Pg. 2154 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) 17.C.2 Packet Pg. 2155 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) 17.C.2 Packet Pg. 2156 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) 17.C.2 Packet Pg. 2157 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) 17.C.2 Packet Pg. 2158 Attachment: Attachment A-Proposed PUD Ordinance 12-11-19 (11070 : PL20180002194 Tree Farm MPUD) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 1 of 5 Growth Management Department Zoning Division Comprehensive Planning Section MEMORANDUM To: Nancy Gundlach, PLA # 1244, AICP, Principal Planner Zoning Services Section, Zoning Division From: Sue Faulkner, Principal Planner, Comprehensive Planning Section, Zoning Division Date: November 12, 2019 Subject: Future Land Use Element (FLUE) Consistency Review PETITION NUMBER: PUDA-PL20180002194 (Review 3A) PETITION NAME: Tree Farm MPUD REQUEST: The petitioner is requesting to amend the Mixed Use Planned Unit Development (PUDA), Ord. No. 07-54, adopted on June 26, 2007. An administrative minor change to the PUD, dated November 26, 2018, last amended the Tree Farm MPUD to combine two preserve areas into a single area and relocate a recreational area tract from the western boundary to a central area within the PUD. Requested changes included in this petition are: • Increase the permitted number of dwelling units from 281 multi-family/townhomes or 138 single- family detached dwelling units to allow up to 460 dwelling units of varying types, including single- family attached (including townhouses intended for fee simple conveyance), zero lot line dwellings, single-family detached dwellings, duplexes – two family dwellings, multi-family dwellings, and Assisted Living Facilities (ALF) with ancillary medical uses and personal services for residents. The ALF allows a maximum number of units not to exceed 150. The applicant is using the following conversion ratio for ALF: 4 ALF units = 1 residential dwelling unit. • All dwelling units above 281, which would be up to a maximum of 179 DUs (460 – 281 = 179DUs) shall be located within the Commercial/Mixed Use (C/MU) district or within 1/3 mile of the Activity Center boundary. • A decrease in the permitted retail and office square footage from 120,000 square feet to 80,000 square feet AND to add indoor self-storage as a permitted use up to an additional 105,000 square feet. • The 580 PM peak hour two-way external trip cap will remain. • The applicant is requesting the removal of the affordable housing developer commitment. LOCATION: The ±58.84-acre subject Mixed Use Planned Unit Development (MPUD) is located at the northwest corner of the intersection of Immokalee Road (C.R. 846) and future Collier Boulevard (C.R. 951) extension, in Section 22, Township 48 South, Range 26 East. 17.C.3 Packet Pg. 2159 Attachment: Attachment B- FLUE Consistency Review 11-12-19 (11070 : PL20180002194 Tree Farm MPUD) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 2 of 5 COMPREHENSIVE PLANNING COMMENTS: Approximately 18.69 acres of the subject MPUD are designated Urban – Commercial District, Mixed Use Activity Center Subdistrict (#3). The remaining ±40.15 acres of this MPUD are designated Urban – Mixed Use District, Urban Residential Subdistrict and are within a Residential Density Band as identified on the Future Land Use Map of the Growth Management Plan (GMP). The Future Land Use Element states, “Allowable land uses in Mixed Use Activity Centers include the full array of commercial uses, residential uses, institutional uses, hotel/motel uses at a maximum density of 26 units per acre, community facilities, and other land uses as generally allowed in the Urban designation… The Mixed Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development and to create focal points within the community….Mixed-use developments ‒ whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building ‒ are allowed and encouraged within Mixed Use Activity Centers.” The proposed MPUD allows a variety of commercial/office uses in the southern ±18.69 acres of the property (portion located within the Mixed Use Activity Center Subdistrict #3). The remainder of the property (±40.15 acres) will be used for residential development. The commercial uses in the existing MPUD were previously reviewed and found consistent with the Mixed Use Activity Center (MUAC) Subdistrict; however, the MUAC limits hotel density to 26 units/acre, which is not specified in the PUD. A new commercial use is being added with this petition in Section III, 3.3 Permitted Uses, A. Principal Uses – Group 4225 – self storage, indoor self-storage. Section III, Subsection 3.2 is proposed to be amended as follows: “The 18.69 ± acre commercial area (District ‘C’), is limited to a maximum of 80,000 square feet of commercial/office uses. Indoor storage uses are in addition to the square footages identified above but shall not exceed 105,000 square feet.” Relevant to this petition, the Mixed Use Activity Center Subdistrict is intended to accommodate a variety of residential and non-residential uses, including mixed use development. Mixed use projects within the Mixed Use Activity Center allow a maximum density of 16 residential units per gross acre and density is calculated based upon the gross project acreage within the Activity Center. The FLUE provisions below apply to this mixed use project and must be included in the PUD. 1) the mixed use component of the project within the Activity Center Subdistrict shall include a minimum of thirty percent (30%) of the Activity Center-accumulated density; 2) the dwelling units distributed outside the Activity Center shall be located within one third (1/3) of a mile of the Activity Center boundary; and, 3) the portion of the project within the Activity Center shall be developed at a human scale, be pedestrian-oriented, and be interconnected with the remaining portion of the project with pedestrian and bicycle facilities. Staff Analysis of the FLUE Provisions listed above: 1) The PUD states that a minimum of 30% of the Activity Center-accumulated density (minimum of 54 DUs) shall be constructed within the Activity Center. This is provided for in the PUD Statement of Compliance - footnote to Table IB; PUD Section 3.2: Maximum Commercial/Office Square Feet and Minimum Residential Development; and Section 3.3: Permitted Uses – A. Principal Uses, #32. 2) The PUD states that the remaining 70% of the Activity Center-accumulated density shall be constructed within 1/3 mile of the Activity Center. The maximum number of the Activity Center- accumulated density must not exceed 179 dwelling units. This is provided for in the PUD Statement of Compliance - footnote to Table IB; PUD Section 3.2: Maximum Commercial/Office Square Feet and Minimum Residential Development; and Section 4.2: Maximum Dwelling Units, a. 17.C.3 Packet Pg. 2160 Attachment: Attachment B- FLUE Consistency Review 11-12-19 (11070 : PL20180002194 Tree Farm MPUD) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 3 of 5 3) The PUD states that the Activity Center shall be developed at a human scale; pedestrian-oriented; and, interconnected with the remaining portions of the project with pedestrian and bicycle facilities (Statement of Compliance #7; PUD Section 2.3 C.: Approved Density). This petition meets all three FLUE provisions for a mixed use project within the Mixed Use Activity Center. The purpose of the Urban Residential Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. Relevant to this petition, the Urban Residential Subdistrict permits residential development (variety of unit types) at a base density of 4 DU/A and a maximum of 16 DU/A, subject to the Density Rating System provisions. The proposed residential portion of the subject MPUD located outside the Activity Center Subdistrict #3 is located entirely within a Residential Density Band surrounding the Activity Center and is therefore eligible for a density bonus of 3 additional DU/A, yielding a total eligible density of 7 DU/A in the Urban Residential Subdistrict. Table 1, on page 3, shows the calculations for density eligibility; it is based on acreage that is inclusive of the +7.42 total acres of ROW conveyed to Collier County and no longer owned by petitioner. The petition is requesting a maximum of 460 dwelling units of varying housing types. Relevant to this petition, the eligible density can be calculated in the following way: Density for such a project is calculated based upon the gross project acreage within the Activity Center and gross project acreage within the Urban Residential Subdistrict within a Residential Density Band. The Tree Farm PUD Section II, Table II ‘Project Land Use Tracts’ indicates there are ±18.69 acres in the Commercial Mixed Use (C/MU) District, ±39.64 acres in the Residential ‘R’ District (including ±0.45 acres of ‘RA’ Recreational Area District), and ±0.51 acres in the ‘P’ Preserve District for a total of ±58.84 acres. There is a note with Table II that states the MPUD provides for a total of 7.42 acres of right-of-way (4.34 acres within the C/MU. The proposed density is calculated with the 7.42 acres of right-of-way included. The applicant is requesting a maximum of 460 dwelling units in the Tree Farm MPUD, with 281 dwelling units (or more) located within the 40.15 acres of the Urban Residential Subdistrict. Since the applicant is requesting a total of 460 DUs with 281 derived from the Urban Residential Subdistrict, that leaves 179 dwelling units being derived from the Mixed Use Activity Center Subdistrict #3 (460 DUs – 281 DUs = 179 DUs). Table I depicts the maximum eligible number of units that could have been requested. Table II depicts the maximum number of units being requested. Table 1: FLUE Eligible Density (*Rounded) FLUE Designation Acres +/- Eligible Base Units/Acre Eligible Bonus Density/ Acre Total Eligible Density/Acre Eligible Total DUs Mixed Use Activity Center Subdistrict 18.69 16 n/a 16 299 Urban Residential Subdistrict, Density Band 40.15 4 3 7 281 Total 58.84 n/a n/a 9.86 580* 17.C.3 Packet Pg. 2161 Attachment: Attachment B- FLUE Consistency Review 11-12-19 (11070 : PL20180002194 Tree Farm MPUD) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 4 of 5 Table 2: MPUD Density (*Rounded) FLUE Designation Acres +/- MPUD Density Units/Acre Eligible Density/Acre MPUD Total DUs Mixed Use Activity Center Subdistrict 18.69 9.6 16 179 Urban Residential Subdistrict, Density Band 40.15 7 7 281 Total 58.84 7.82 9.86 460* FLUE Policies are stated below in italics; each is followed by staff analysis in bold text within [brackets]. FLUE Policy 5.6: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). [Comprehensive Planning leaves this determination to the Zoning Services Section’s staff as part of their review of the petition in its entirety.] FLUE Objective 7 and Relevant Policies Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [The proposed four (4) project entrances are provided from Collier Boulevard Extension, not a collector or arterial roadway shown on Map TR 3.0 in the Transportation Element. Both the approved Addie’s Corner MPUD Master Plan (the adjoining MPUD to the west of Tree Farm) and the proposed Tree Farm MPUD Master Plan show a future shared access point that will allow a shared roadway that leads from an ingress/egress point to Immokalee Road and the roadway will travel through Tree Farm to access Collier Blvd. Extension. With these two MPUDs sharing one access to Immokalee Road, Tree Farm can avoid a spacing concern being closer to the Collier Blvd Extension and Immokalee Road intersection. The two MPUDs can also eliminate the high cost of a second bridge across the intervening Cocohatchee Canal by sharing one bridge.] Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [The Tree Farm MPUD Master Plan, dated June 2018, does not show internal accesses and loop roads throughout both the commercial and residential components of this project. However, two east-west roads are shown that transverse the MPUD and have arrows indicating land in the PUD will be able to access these two internal roads.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation 17.C.3 Packet Pg. 2162 Attachment: Attachment B- FLUE Consistency Review 11-12-19 (11070 : PL20180002194 Tree Farm MPUD) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 5 of 5 Element. [A proposed interconnection to the project to the west is planned and shown on the MPUD Master Plan. A shared access road is proposed with the Addie’s Corner MPUD to the west. This roadway would connect to an ingress/egress point on Immokalee Road (C.R. 846) on the western boundary of the Addie’s Corner MPUD. Collier Blvd. Extension lies to the east of the MPUD and the Cocohatchee Canal and Immokalee Road lies to the south. The Esplanade Golf and Country Club (which is significantly built out along these boundaries) lies to the north and northwest of Tree Farm and no interconnection is proposed with this adjoining development, nor does it appear feasible.] Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [A variety of housing types will be allowed with this MPUD amendment. In Section II, Table II, approximately 0.45 acres is listed as Recreation District and 0.51 acres are shown as Preserve District and may provide common open space. As no LDC deviation is requested, sidewalks will be required per the LDC. Civic facilities are not specifically listed; however, a typical accessory use for residential developments is a clubhouse – which is sometimes used for community meetings and as a polling place.] PETITION ON CITYVIEW CONCLUSION Based on the above analysis, staff finds the subject petition consistent with the FLUE. cc: David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section, Zoning Division Raymond V. Bellows, Manager, Zoning Services Section, Zoning Division Tree Farm PUDA PL20180002194 R3A.docx 17.C.3 Packet Pg. 2163 Attachment: Attachment B- FLUE Consistency Review 11-12-19 (11070 : PL20180002194 Tree Farm MPUD) XXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X XXX X X X X X X X X X X X X X X X X X X X X X XXXXX X XXXXXXXXXX 1" = 100'50' R.O.W. TRACT50' ACCESS EASEMENTREVISIONS:No:Revision:Date:0025'50'100'200'300'Bar Scale: 1" = 100'PROJECT:TITLE:OWNER/CLIENT/CONSULTANT:PROFESSIONAL SEALS:Sheet Number:ofFile Number:Project Number:Vertical Scale:Horizontal Scale:Date:Drawn by:Designed by:CityB11EDCACounty:2233445566PROFESSIONAL ENGINEER:FLORIDA LICENSE NUMBER:SEC:RGE:TWP:NOTES:TREE FARMCOMMERCIALTREE FARMCOMMERCIAL PPL /SDP EXHIBITTHE BROOKLINECOMPANIES, LLC2248S26ENAPLESCOLLIERALEJANDRO AVILAALEJANDRO AVILADECEMBER 20181" = 100'N.T.S.P-BROK-001-001P-BROK-001-001-X23C-X230101DATUM NOTE:ALL ELEVATIONS ARE BASED ON NAVD 88(NORTH AMERICAN VERTICAL DATUM OF 1988).17.C.4 Packet Pg. 2164 Attachment: Attachment C-Tree Farm Commercial PPL-SDP Exhibit 11-14-19(flat) (11070 : PL20180002194 Tree Farm MPUD) E -t-c o g o @ _o o z !rfiq g Pt: zll! E ul NOTICE OF PUBLIC HEARING NOIITE OF INTENT TO CONSIDER AN ORDINAN€E Notr{e is herebv oiven tha.i apubli( hearinq w;tT Se tr.ta u,the Collier ciuntv goara oiCounty Commissionerson tanuary 14,2020, in the Boardof CoLrntv Commissioners Meeting Room, Third Floor,Collier covernment Center.3299 Tamiami Trail F,<+ Nr:- ples FL.. the d.;;; oi-i;r;1; Commirsioners (BCC) wilt conlsider the enactmeilt of a County Ordinanae. The meet-inq will commen(e at 9:00A.fu. The title of the oro- poged Ordinance is as follo;sl AN ORDINANCE OF THE BOARO Of (OUNTY (OMMIS. SIONERS OF COLLIER COUNTY, fLORIDA AMENDING ORDI. NANCE NUMBER 07.54, THE TREE FARM MIXED.USE PLAN.NCD UNIT DEVELOPMENT(MPUD}, TO INCREASE THEMAXIMUM RESIDENTIAL DWELLINC UNITS TO 460 FOR A MIX OF HOU5ING TYPES; TO ADD IO5,OOO SQUARE fEET OF AIR.CONDITIONED INDOOR SELF-STORAGE; TO ALLOW Up TO 140 HOTEL UNITS; TO AL, LOW UP TO J5O ASsISTED LIV-ING FACILITY UNITS; TO RE"DUCE THE COMMEf,CIAUOFFI'E USES FROM 12O,OOO SQUARE FEET TO 80,000 SQUARE FEET; By REQUIRING THAT ALL USES ARE SUBJECT TO A CAP ON TRAFFIC GENERATION; BY RE-VISING THE DEVETOPMENT 5-r ANDARDS; 8Y AMENDTNG THE MASTER PLAN AND REVI.SING DEVELOPER COMMIT. MENTS. THE SUB.,ECT PROPER. TY IS LOCATED AT THE INTER. SECTION OF IMMOKALEE ROAD (CR 846) AND COLLTER BOULEVARD (CR 951), IN SEC.TION 22, TOWNSHIP 4S sOUTH, MNGE 26 EAsT, COL. LIER COUNTY. FLORIDA, CON. SISTING OF 58.84! ACRES: AND BY PROVIDING AN EFFEC: TrvE DATE. [P120t80002194] A (opy o{ the propo5ed Ord;-nan(e ij on frle with the Clerkto ihe Board and is availablefor inspedion. All intErelt€dparties are invited to attend and be heard. NOTE: All per5ons wishino to speak on any aqenda item must register wiih the Countymanager Pflor to presentation ot the aqenda irem to be ad-dressed lndrvidual soeaker!will be lim;ted to 3 hinutes on any item. The selection of any individu3l to speak on behalf of an organization orgroup is encouraqed- lf rec-ognized by the Chairman. a spokelperson lor a qroup ororqanization may be allotted10 minutes to ipeak on an item. Persons wishino to have wrir-ten or qraphii material5 in(luded in the Boa.d agendapa(ket5 must submit said ma-terial a minimum of 3 weeksprior to the .respective public T 14 ? heEring. ln any (ase. written materiaG ifitended to be con- sidered bv the Board shall be submitted- to the appropriate coLrnlv staff a minimum of seven davs prior to the public hearino. ali materiak u5ed in oresen(ations before the board will become a Perma_ nent pari of the record. Anv oerson who decides to ao6eil anv de(ision of the soard ,\,ili need a record of the proceedings Pertainingthereto and theretore, may need to ensure that a verba tim re(ord o{ the pro<eedinqs is made, \ /hich record includes ihe testimonY and evidence upon which the appeal is lf you are a person !!ith a dis abilitv who needs any a<com- modition in order to Participate in thrs Proceeding, You are entitled, at no (ott to you, to the orDvision of certain as_qrstan(d. Please (ontaG the Collier Countv Facilities Man- aoement Division, located at 3i35 Tamiami Trail East, Suite I01, N.ples, FL 34112-5356, (239) 252-8380, at leatt two davs orior to the meetinq. A5_ si<ieci listeninq devi(et for the hearinq impaired are availa_ ble in th€ Board of County Commissioners otfice. BOARD OI COUNTY COMM15- SIONER5 COLLIER COUNTY, FLORIDA WILLIAM L. MCDANIEL, ,,R,, CHAIRI{AN CRYSTAL K, KINZEL, CLERK By: Martha Vergara, DePuty (lerk (SEAL) Pub Date. Dec 25, 2019 #r960919 17.C.6 Packet Pg. 2165 Attachment: Legal Ad - Agenda ID 11070 (11070 : PL20180002194 Tree Farm MPUD) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 July 30, 2018 Page 1 of 11 Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone PETITION NO PROJECT NAME DATE PROCESSED PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G. 1 of the Administrative Code Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. APPLICANT CONTACT INFORMATION Name of Property Owner(s): _________________________________________________________ Name of Applicant if different than owner: _____________________________________________ Address: _________________________City: _______________ State: _________ ZIP: ___________ Telephone: _______________________ Cell: ______________________ Fax: __________________ E-Mail Address: ____________________________________________________________________ Name of Agent: ____________________________________________________________________ Firm: _____________________________________________________________________________ Address: ____________________________City: _______________ State: _______ ZIP: __________ Telephone: ____________________ Cell: ____________________ Fax: _______________________ E-Mail Address: ____________________________________________________________________ Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. To be completed by staff COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 July 30, 2018 Page 2 of 11 REZONE REQUEST This application is requesting a rezone from: _________________________ Zoning district(s) to the ________________________________ zoning district(s). Present Use of the Property: _________________________________________________________ Proposed Use (or range of uses) of the property: _________________________________________ Original PUD Name: ________________________________________________________________ Ordinance No.: ____________________________________________________________________ PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre-application meeting; and • 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: / / Lot: Block: Subdivision: ___________________________________________________ Metes & Bounds Description: _________________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ Size of Property: _______ ft. x _______ ft. = ________ Total Sq. Ft. Acres: _________ Address/ General Location of Subject Property: __________________________________________ __________________________________________________________________________________ PUD District (refer to LDC subsection 2.03.06 C): Commercial Residential Community Facilities Industrial Mixed Use Other: ________________ COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 July 30, 2018 Page 3 of 11 ADJACENT ZONING AND LAND USE Zoning Land Use N S E W If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ Metes & Bounds Description: _________________________________________________________ ASSOCIATIONS Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner’s website at http://www.colliergov.net/Index.aspx?page=774. 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: ______ COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 July 30, 2018 Page 4 of 11 EVALUATION CRITERIA Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative 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. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. 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. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. c. 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.) d. 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. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to asce rtain whether or not the request is affected by existing deed restrictions. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 July 30, 2018 Page 5 of 11 Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? __________________________________________________________________________________ __________________________________________________________________________________ Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered “open” when the determination of “sufficiency” has been made and the application is assigned a petition processing number. The application will be considered “closed” when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed “closed” will not receive further processing and an application “closed” through inactivity shall be deemed withdrawn. An application deemed “closed” may be re-opened by submission of a new application, repayment of all application fees and the grant of a determination of “sufficiency”. Further review of the request will be subject to the then current code. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 July 30, 2018 Page 6 of 11 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): _______________________________________________________________ Address: _________________________________ City: ___________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: ______________________ E-Mail Address: ____________________________________________________________________ Address of Subject Property (If available): ______________________________________________ City: _________________ State: ________ ZIP: _________ PROPERTY INFORMATION Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Metes & Bounds Description: _________________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name: __________________________ d. Package Treatment Plant (GPD Capacity): _________________________ e. Septic System TYPE OF WATER SERVICE TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name: __________________________ d. Private System (Well) Total Population to be Served: ________________________________________________________ Peak and Average Daily Demands: A. Water-Peak: _________ Average Daily: __________ B. Sewer-Peak: _________ Average Daily: __________ If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: ____________________________________________________ COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 July 30, 2018 Page 7 of 11 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County’s utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 July 30, 2018 Page 8 of 11 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as ____________________________________________________ ____________________________________________________ (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for ______________ planned unit development (______________PUD) zoning. We hereby designate___________________, legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. ___________________________________ ___________________________________ Owner Owner ____________________________________ ___________________________________ Printed Name Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to (or affirmed) and subscribed before me this day of , 201__ by ____________________ who is personally known to me or has produced _____________________________ as identification. ____________________________________ Notary Public (Name typed, printed or stamped) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 July 30, 2018 Page 9 of 11 Final Submittal Requirement Checklist for: PUD Rezone- Ch. 3 G. 1 of the Administrative Code Amendment to PUD- Ch. 3 G. 2 of the Administrative Code PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountyfl.gov/Home/ShowDocument?id=76983. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary Completed Application with required attachments (download latest version) 1 Pre-application meeting notes 1 Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 Warranty Deed(s) 1 List Identifying Owner and all parties of corporation 1 Signed and sealed Boundary Survey 1 Architectural Rendering of proposed structures 1 Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 Statement of Utility Provisions 1 Environmental Data Requirements pursuant to LDC section 3.08.00 1 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 Traffic Impact Study 1 Historical Survey 1 School Impact Analysis Application, if applicable 1 Electronic copy of all required documents 1 Completed Exhibits A-F (see below for additional information)+ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) Checklist continues on next page COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 July 30, 2018 Page 10 of 11 Revised Conceptual Master Site Plan 24” x 36”and One 8 ½” x 11” copy Original PUD document/ordinance, and Master Plan 24” x 36” – Only if Amending the PUD Revised PUD document with changes crossed thru & underlined 1 Copy of Official Interpretation and/or Zoning Verification 1 *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement +The following exhibits are to be completed on a separate document and attached to the application packet:  Exhibit A: List of Permitted Uses  Exhibit B: Development Standards  Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code  Exhibit D: Legal Description  Exhibit E: List of Requested LDC Deviations and justification for each  Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding “Wildfire Mitigation & Prevention Plan.” PLANNERS – INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District (Residential Components): Amy Lockheart Conservancy of SWFL: Nichole Johnson Utilities Engineering: Eric Fey Parks and Recreation: Barry Williams & David Berra Emergency Management: Dan Summers Immokalee Water/Sewer District: City of Naples: Robin Singer, Planning Director Other: ASSOCIATED FEES FOR APPLICATION  Pre-Application Meeting: $500.00  PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre  PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre  PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre  Comprehensive Planning Consistency Review: $2,250.00  Environmental Data Requirements-EIS Packet (submittal determined at pre-application meeting): $2,500.00  Listed or Protected Species Review (when an EIS is not required): $1,000.00  Transportation Review Fees: o Methodology Review: $500.00, to be paid directly to Transportation at the Methodology Meeting* *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 July 30, 2018 Page 11 of 11  Legal Advertising Fees: o CCPC: $1,125.00 o BCC: $500.00  School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5th and subsequent re-submittal will be accessed at 20% of the original fee. ___________________________________ _____________ Signature of Petitioner or Agent Date ___________________________________ Printed named of signing party Tree Farm MPUD (PL20180002194) Applicant / Agent Information August 3, 2018 Page 1 of 1 Applicant Agent Information.docx Applicant: Name of Applicant: William B. Yeomans, Jr. Firm: TBC Tree Farm 1, LLC and TBC Tree Farm 2, LLC Address: 14004 Roosevelt Blvd #601C City: Clearwater State: FL Zip: 33762 Telephone: 315.372.3722 E-Mail Address: bill.yeomans@brooklinecompanies.com Agent: Name of Agent: D. Wayne Arnold, AICP Firm: Q. Grady Minor & Associates, P.A. Address: 3800 Via Del Rey City: Bonita Springs State: FL Zip: 34134 Telephone: 239-947-1144 E-Mail Address: warnold@gradyminor.com and Name of Agent: Richard D. Yovanovich, Esq. Firm: Coleman, Yovanovich & Koester, P.A. Address: 4001 Tamiami Trail North, Suite 300 City: Naples State: FL Zip: 34103 Telephone: 239-435-3535 E-Mail Address: ryovanovich@cyklawfirm.com Tree Farm MPUD (PL20180002194) Legal Description November 28, 2018 Page 1 of 1 Legal Description.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com BEING PART OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA. PARCEL 1: THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE EAST 30 FEET AND SOUTH 30 FEET THEREOF AS ACCESS EASEMENT FOR HIGHWAY RIGHT-OF-WAY. PARCEL 2: THE EAST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE EAST 30 FEET AND THE NORTH 30 FEET THEREOF AS AN ACCESS EASEMENT FOR HIGHWAY RIGHT-OF-WAY. PARCEL 3: THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO AN EASEMENT FOR PUBLIC RIGHT- OF-WAY OVER AND ACROSS THE EAST 30 FEET THEREOF; AND EXCEPTING THE SOUTH 100 FEET THEREOF FOR CANAL RIGHT-OF-WAY. COMMENCING AT THE NORTHEAST CORNER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 22, S. 00°51'06" E., A DISTANCE OF 1334.40 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE ALONG THE SAID EAST LINE, S. 00°51'06" E., A DISTANCE OF 1334.40 FEET TO THE EAST QUARTER (1/4) CORNER OF SAID SECTION 22; THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 22, S. 00°50'18" E., A DISTANCE OF 2569.47 FEET TO A POINT ON THE NORTH LINE OF A 100 FEET WIDE CANAL RIGHT-OF-WAY; THENCE LEAVING THE SAID EAST LINE, N. 89°57'31" W., A DISTANCE OF 660.13 FEET ALONG THE SAID NORTH LINE; THENCE LEAVING THE SAID NORTH LINE, N. 00°44'25" W., A DISTANCE OF 2568.56 FEET TO A POINT ON THE EAST-WEST QUARTER (1/4) LINE OF SAID SECTION 22; THENCE LEAVING THE SAID EAST-WEST QUARTER (1/4) LINE N. 00°45'01" W., A DISTANCE OF 1334.03 FEET; THENCE N. 89°56'17" E., A DISTANCE OF 653.36 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 2,563,283.4 SQUARE FEET OR 58.84 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Tree Farm MPUD (PL20180002194) Evaluation Criteria June 3, 2019 Page 1 of 6 TFPUDA Evaluation Criteria-rev1.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative 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. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. Narrative statement The application proposes to amend the Tree Farm MPUD to increase the permitted number of dwelling units from 281 multi-family or 138 single family to allow up to 460 dwelling units of varying types including single family, multi-family, two family attached and townhomes. The PUD also proposes to decrease the permitted commercial/office square footage from 120,000 square feet to 80,000 square feet, and to add indoor self-storage as a permitted use up to a maximum of 105,000 square feet. The trip cap will remain at the previously approved 580 PM peak hour two-way external trip cap. The application also modifies the Conceptual PUD Master Plan to reflect a minor change recently approved through the PUD Minor Change process (HEX 2018-12), which relocated the small on-site preserve. To date, 54 multi-family dwelling units have been constructed within the MPUD. The applicant is also requesting the removal of the affordable housing developer commitment, as has been done with other recently amended MPUDs. PUD Rezone Considerations (LDC Section 10.02.13.B) a. 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. Approximately, 18.69+/- acres of the existing MPUD is located within Mixed Use Activity Center #3, and the balance of the 58.8+/- acre PUD is within a residential density band. The site has direct access to Collier Boulevard and shares an internally accessible frontage road with the neighboring Addie’s Corner MPUD, which provides access to Immokalee Road. The site has availability of water, sewer and other urban services. The project developer is a party to a Developer Contribution Agreement, which addresses the project’s traffic impacts. The site remains suitable for a mixed-use master planned community and the project has been found to be consistent with the Collier County Growth Management Plan. Tree Farm MPUD (PL20180002194) Evaluation Criteria June 3, 2019 Page 2 of 6 TFPUDA Evaluation Criteria-rev1.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The project is under the ownership of TBC Tree Farm 1, LLC and TBC Tree Farm 2, LLC c. 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.) The proposed revisions to the Tree Farm MPUD are consistent with the Col lier County Growth Management Plan. The commercial mixed-use component is entirely with the boundaries of Activity Center #3. Residential uses are permitted in both the areas designated as MU, Mixed Use and the areas identified as R, Residential on the Conceptual PUD Master Plan. Based on the accumulated density from the 18.89 acres located within the Activity Center Boundary and the residential density band, the project is eligible to seek up to 580 dwelling units. The 460 proposed dwelling units are within the eligible density range. No changes are proposed that affect other elements of the Growth Management Plan, and the project has previously been found by staff, Collier County Planning Commission and the Board of County Commissioners to be consistent with the Growth Management Plan. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed project remains compatible both internally and externally. No modifications to buffer, building heights, or other factors affecting compatibility are proposed. The project will continue to utilize the frontage road shared with the neighboring Addi e’s Corner MPUD. e. The adequacy of usable open space areas in existence and as proposed to serve the development. No changes to the overall amount of open space is proposed and the mixed use project will maintain the minimum of 30% open space which will consist of buffers, lakes, preserve areas and other common open spaces. Tree Farm MPUD (PL20180002194) Evaluation Criteria June 3, 2019 Page 3 of 6 TFPUDA Evaluation Criteria-rev1.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Adequate infrastructure exists to permit development of the project as proposed. g. The ability of the subject property and of surrounding areas to accommodate expansion. Given the proximity to other approved and developed PUD’s there is no opportunity to expand the boundaries of this PUD. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal applicatio n of such regulations. Deviations have previously been approved for this project. No additional deviations are proposed. LDC Section 10.02.08 F - Requirements for Amendments to the Official Zoning Atlas F. Nature of requirements of Planning Commission report. When pertaining to the rezoning of land, the report and recommendations of the Planning Commission to the Board of County Commissioners required in LDC section 10.02.08 E shall show that the Planning Commission has studied and considered the proposed change in relation to the following findings, when applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan. As described above the project is consistent and will be consistent with the Collier County Growth Management Plan. 2. The existing land use pattern. The pattern of development in the vicinity of the property is a range of retail and office commercial as well as gated residential developments. Fifty-four multi-family rental apartments have been constructed within the Tree Farm PUD to date. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The PUD is an existing PUD and the amendment will not create an isolated district. Tree Farm MPUD (PL20180002194) Evaluation Criteria June 3, 2019 Page 4 of 6 TFPUDA Evaluation Criteria-rev1.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing PUD boundaries are logically drawn and the proposed amendment does not modify the PUD boundary. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed development is consistent with the Collier Cou nty Growth Management Plan’s goals and objectives to have a mixed-use development at this location. Demand for close-in residential development has steadily increased and the property owner is seeking to increase the number of residential dwellings in response to the increased demand. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not negatively influence living conditions. Landscape buffers will be established in accordance with the LDC to provide for appropriate screening between adjacent uses. The PUD contains development standards including building setbacks, building heights and maximum intensities of use. No external impacts result from the proposed changes. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The TIS indicates that the traffic impacts are not increased above the existing trip cap. The project will pay impact fees to provide dollars toward other future system requirements. The applicant has also entered into a Developer Contribution Agreement for roadway improvements. 8. Whether the proposed change will create a drainage problem. No, the project will continue to discharge to the Immokalee Road canal and discharge rates will be approved through the SFWMD permit requirements. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The development of this site will not reduce light and air to adjacent properties. 10. Whether the proposed change will adversely affect property values in the adjacent area. Tree Farm MPUD (PL20180002194) Evaluation Criteria June 3, 2019 Page 5 of 6 TFPUDA Evaluation Criteria-rev1.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com The site is partially within an activity center and is within a density band and has been designated as such since 1989. No diminution of property values will result from the proposed development due to inclusion of appropriate development standards and buffers . 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. All adjacent properties are developed or are under development. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. No, the project is designed consistent with the Growth Management Plan and does not constitute a special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The existing zoning is MPUD, which is consistent with the Growth Management Plan. The proposed zoning is necessary in order to increase the allowable residential density for the project. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. No, the proposed development is comparable in scale to other projects developed in Activity Centers and proximate to major intersections in Collier County. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. The site is already zoned MPUD and the increase in the number of dwelling units is consistent with the Growth Management Plan. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Lakes and other infrastructure excavations will be required. The land has partially been cleared in support of the existing residential development of 54 dwellings. 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 Tree Farm MPUD (PL20180002194) Evaluation Criteria June 3, 2019 Page 6 of 6 TFPUDA Evaluation Criteria-rev1.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. All levels of service will be maintained after development of the site as a mixed-use center. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare . The project is consistent with the Comprehensive Plan for the county as a mixed-use activity center. The site has been designed consistent with the buffering standards for the LDC. Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. PL20170003446 PRE-APP INFORMATION Assigned Ops Staff: Camden Smith  Name and Number of who submitted pre-app request Sharon Umpenhour / 239-947-1144 / sumpenhour@gradyminor.com  Agent to list for PL# D. Wayne Arnold, AICP, Q. Grady Minor and Associates, P.A. **Please copy Sharon Umpenhour (sumpenhour@gradyminor.com) on all emails pertaining to this project.  Owner of property (all owners for all parcels) Parcel ID Number 00188040005 TBC Tree Farm 1, LLC, 14004 Roosevelt Boulevard, Suite 601, Clearwater, Florida 33762 Parcel ID Number 00187240000 and 00187400002 TBC Tree Farm 2, LLC, 14004 Roosevelt Boulevard, Suite 601, Clearwater, Florida 33762  Confirm Purpose of Pre-App: (Rezone, etc.) PUD Amendment  Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply):  Details about Project (choose type that applies): PUDA – Applicant is proposing to Increase project density and add an additional amenity area. REQUIRED Supplemental Information provided by: Sharon Umpenhour Senior Planning Technician sumpenhour@gradyminor.com 239-947-1144 Created April 5, 2017 Location: K:\CDES Planning Services\Current\Zoning Staff Information STAFF FORM FOR SUPPLEMENTAL PRE-APPLICATION MEETING INFORMATION COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) BL (Blasting Permit) BD (Boat Dock Extension) Carnival/Circus Permit CU (Conditional Use) EXP (Excavation Permit) FP (Final Plat LLA (Lot Line Adjustment) PNC (Project Name Change) PPL (Plans & Plat Review) PSP (Preliminary Subdivision Plat) PUD Rezone RZ (Standard Rezone) SDP (Site Development Plan) SDPA (SDP Amendment) SDPI (Insubstantial Change to SDP) SIP (Site Im provement Plan) SIPI (Insubstantial Change to SIP) SNR (Street Name Change) SNC (Street Name Change – Unplatted) TDR (Transfer of Development Rights) VA (Variance) VRP (Vegetation Removal Permit) VRSFP (Vegetation Removal & Site Fill Permit) OTHER LEGAL DESCRIPT ION of subject property or properties (copy of lengthy description may be attached) FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) STREET ADDRESS or ADDRESSES (as applicable, if already assigned) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way PROPOSED PROJECT NAME (if applicable) SDP - or AR or PL # SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) Rev. 6/9/2017 Page 1 of 2 8677 Addison Place Cir n PUD Amendment S22, T48S, R26E - see attached 00188040005, 00187400002, 00187240000 and 00190041403 8799 Immokalee Road Tree Farm MPUD PL2017-3914 & PL2018-2231 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Please Return Approved Checklist By: Email Personally picked up Applicant Name: Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Fax Email/Fax:Phone: Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Rev. 6/9/2017 Page 2 of 2 00187240000 8/6/2018 00187400002 00188040005 00190041403 n Sharon Umpenhour 239-947-1144 sumpenhour@gradyminor.com Friday, September 29, 2017 12:08:34 PM - 16- Aerial Location Map.pdf - Foxit PhantomPDF Friday, September 29, 2017 12:18:26 PM - 05 - 2015-7-15 Clean MPUD Doc.pdf - Foxit PhantomPDF IMMOKALEE RD COLLIER BLVDSource: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community TREE FARM MPUD Aerial Photograph . SUBJECT PROPERTY 750 0 750375 Feet COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 July 30, 2018 Page 6 of 11 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): _______________________________________________________________ Address: _________________________________ City: ___________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: ______________________ E-Mail Address: ____________________________________________________________________ Address of Subject Property (If available): ______________________________________________ City: _________________ State: ________ ZIP: _________ PROPERTY INFORMATION Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Metes & Bounds Description: _________________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name: __________________________ d. Package Treatment Plant (GPD Capacity): _________________________ e. Septic System TYPE OF WATER SERVICE TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name: __________________________ d. Private System (Well) Total Population to be Served: ________________________________________________________ Peak and Average Daily Demands: A. Water-Peak: _________ Average Daily: __________ B. Sewer-Peak: _________ Average Daily: __________ If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: ____________________________________________________ TBC Tree Farm 1, LLC and TBC Tree Farm 2, LLC 14004 Roosevelt Blvd #601C Clearwater FL 33762 315.372.3722 bill.yeomans@brooklinecompanies.com northwest corner of Collier Blvd. and Immokalee Road Naples FL 34120 22 48 26 N.A.N.A.N.A. Please see "legal description" document N.A.N.A.00188040005, 00187240000 and 00187400002 X X 173.6 185,175 124.0 132,268 2021 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 July 30, 2018 Page 7 of 11 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County’s utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. N.A. N.A. 460Dwelling Units69ksf Shopping Center11ksf sit down restaurant (high turnover)10.5ksf Mini‐WarehouseCalculate Peak Water Demand from Residential UsesResidential Average Daily Flow =460Units350GPDUnitResidential Average Daily Flow =161,000       GPDResidential Peak Day Demand =161,000       Gal1Day1.35Peak Day FactorDay1440MinutesResidential Peak Day Demand =150.9gpm Calculate Peak Water Demand from Non‐Residential UsesShopping Center FlowsRetail Average Daily Flow =69,000sf0.1GPD Wastewater1.4GPD WatersfGPD WWRetail Average Daily Flow =9,660GPDRetail Peak Day Demand =9,660           Gal1Day1.35Peak Day FactorDay1440MinutesRetail Peak Day Demand =9.1gpm  Sit Down Restaurant FlowsAssume Restaurant Density =45 sf / restaurant seatAssumed Number of Restaurant Seats =11,000         sf restaurant area45sf / restaurant seatAssumed Number of Restaurant Seats =244                restaurant seatsCalculate potable water demands from restaurant use:Restaurant Average Daily Flow =244seats40GPD Wastewater1.4GPD Waterseat GPD WWRestaurant Average Daily Flow =13,689GPDRestaurant Peak Day Demand =13,689         Gal1Day1.35Peak Day FactorDay1440MinutesRestaurant Peak Day Demand =12.8gpm Mini Warehouse / Self Storage FlowsAssume 800 self storage units and two employees per shift and 24 hour operationSelf Storage Average Daily Flow =200Units1GPD Wastewater1.4GPD WaterUnit GPD WWSelf Storage ADF (first 200 units) =280               GPDSelf Storage ADF (units above 200) =600Units0.5GPD Wastewater1.4GPD WaterUnit GPD WWSelf Storage ADF (units above 200) =420               GPD Self Storage Employee Average Daily Flow =2employees3shifts15GPD WW1.4GPD Watershift day employee GPD WWSelf Storage Employee Average Daily Flow =126GPDMini Warehouse Average Daily Flow =826               GPDMini Warehouse Peak Day Demand =826               Gal1Day1.35Peak Day FactorDay1440MinutesRestaurant Peak Day Demand =0.8gpm SummaryADF Peak Day ADF* Peak Day(GPD) (gpm) (GPD) (gpm)161,000 150.9 115,000 107.89,660 9.1 6,900 6.513,689 12.8 9,778 9.2826 0.8 590 0.6Total for Scenario185,175 173.6 132,268 124.0* Sanitary sewer ADF calculated as Water ADF divided by 1.4Self Storage (Mini Warehouse)Potable WaterProposed Land UseHigh Turnover RestaurantResidentialRetailSanitary Sewer Traffic Impact Analysis Tree Farm Mixed-Use Planned Unit Development (MPUD) Amendment Collier County, FL 07/30/2019 Prepared for: Prepared by: Q. Grady Minor and Associates, PA 3800 Via Del Rey Bonita Springs, FL 34134 Trebilcock Consulting Solutions, PA 2800 Davis Boulevard, Suite 200 Naples, FL 34104 Phone: 239-566-9551 Email: ntrebilcock@trebilcock.biz Collier County Transportation Methodology Fee* – $500.00 Fee Collier County Transportation Review Fee* – Small Scale Study – No Fee Note – *to be collected at time of first submittal Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 2 Statement of Certification I certify that this Traffic Impact Analysis has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic and Transportation Engineering. Norman J. Trebilcock, AICP, P.E. FL Registration No. 47116 Trebilcock Consulting Solutions, PA 2800 Davis Boulevard, Suite 200 Naples, FL 34104 Company Cert. of Auth. No. 27796 Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 3 Table of Contents Project Description ....................................................................................................................................... 4 Trip Generation ............................................................................................................................................. 5 Conclusion ..................................................................................................................................................... 7 Appendices Appendix A MPUD Master Plan ................................................................................................................... 8 Appendix B Initial Meeting Checklist (Methodology Meeting) .................................................................. 11 Appendix C Trip Generation Calculations ITE 10th Edition ......................................................................... 17 Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 4 Project Description The Tree Farm project is an existing approved Mixed-Use Planned Unit Development (MPUD) – Collier County Ordinance No. 07-54, as may be amended (HEX 2015-42 & HEX 2018-12), and has a total site gross area of approximately 58.85 acres. The project site is located in north Naples, on the north-west quadrant of Immokalee Road (CR 846) and Collier Boulevard (CR 951) intersection, in Section 22, Township 48 South, Range 26 East, in Collier County, Florida. Refer to Fig. 1 – Project Location Map, which follows and Appendix A: MPUD Master Plan. Fig. 1 – Project Location Map Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 5 The Collier County approved ordinance currently allows the site to be developed with up to 281 residential dwelling units and a maximum of 120,000 sf of commercial/office uses (of which a maximum of 100,000 sf may be retail and the balance is limited to office use). The existing approved mixed-use development scenario and various proposed scenarios under this MPUD amendment are illustrated in Table 1 – Proposed Development Program, below. Table 1 Existing/Potential Development Program Development Land Use [SIC Code in Brackets] ITE Land Use Code Total Size MPUD Existing Approved Trip Cap**** Residential [N/A] 220 – Multifamily Housing (Low-Rise)** 281 du** Office [80, 8071, 8072] 720 – Medical-Dental Office Bldg. 11,000 sf Retail[all PUD principal uses possible—typical for a shopping center—as an inline/outparcel use— refer to PUD permitted commercial uses for applicable SIC Codes] 820 – Shopping Center 94,000 sf Services [5411, 5541] 945 – Gasoline Station* 12 pumps* MPUD Proposed Retail [all PUD principal uses possible—typical for a shopping center—as an inline/outparcel use— refer to PUD permitted commercial uses for applicable SIC Codes] 820—Shopping Center 80,000 Mini-Warehouse [4225] 151—Mini-Warehouse 105,000 sf Residential[N/A] 220— Multifamily Housing (Low-Rise) *** 460 du*** Note(s): *Gasoline/Service Station with Convenience Market – 6,000 sf. **Up to 138 Single-Family dwelling units (LUC 210) or up to 281 Multi-Family dwelling units (LUC 220). *** Includes apartments, townhouses and condominiums. Up to 226 Single-Family dwelling units (LUC 210). ****Per Hex 2015-42, MPUD Document Section VI.6.3.J”…the Project’s estimated trip generation will not exceed a maximum of 580 pm peak hour two-way external trips to adjacent streets.” As illustrated in Table 1, proposed Tree Farm MPUD amendment will continue to be developed as a mixed-use project. A methodology meeting was held with the Collier County Transportation Planning staff on April 5, 2019 – refer to Appendix B: Initial Meeting Checklist (Methodology Meeting). Trip Generation The project provides the highest and best use scenario with respect to the project’s trip generation. The project’s site trip generation is based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 10th Edition and the software program OTISS – Online Traffic Impact Study Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 6 Software (most current version). The ITE rates and equations are used for the trip generation calculations, as applicable. The ITE – OTISS trip generation calculation worksheets are provided in Appendix B: Trip Generation Calculations ITE 10th Edition. The internal capture accounts for a reduction in external traffic because of the interaction between the multiple land uses in a site. Per Collier County TIS Guidelines and Procedures, the internal capture trips should be reasonable and should not exceed 20% of the total project trips. For this project, the software program OTISS is used to generate the internal capture trips. The OTISS process follows the trip balancing approach as recommended in the ITE Trip Generation Handbook, 3rd Edition. The resulting internal capture rates are below the county limits. Consistent with a conservative approach, the applicable internal capture ITE PM peak hour rates were reduced 50%. The pass-by trips account for traffic that is already on the external roadway network and stops at the project on the way to a primary trip destination. Per Collier County TIS Guidelines and Procedures, the pass-by capture rate for peak hour should not exceed 25% for shopping centers (LUC 820) and 50% for gas stations (LUC 945). The daily pass-by rate is assumed to be 10% lower than the peak hour rate. The existing approved Tree Farm MPUD trip generation is illustrated in Table 2A. The proposed Tree Farm MPUD amendment development trip generation is illustrated in Table 2B. Table 2A Trip Generation (MPUD Existing Approved per Trip cap/Use Limits) – Average Weekday 24 Hour Two- Way Volume PM Peak Hour ITE Land Use Size Enter Exit Total Multifamily Housing (Low-Rise)** 281 du 2,083 93 55 148 Medical-Dental Office Bldg. 11,000 sf 335 11 28 39 Shopping Center 94,000 sf 5,764 249 270 519 Gasoline Station* 12 pumps* 2,464 86 82 168 Total Traffic 10,646 439 435 874 Internal Capture*** 822 48 48 96 Total External 9,824 391 387 778 Pass-By Trips**** 1,665 100 99 199 Total to Adjacent Streets 8,159 291 288 579 Note(s): * Gasoline/Service Station with Convenience Market – 6,000 sf. ** Includes apartments, townhouses and condominiums. *** Internal Capture – not to exceed 20% of total traffic - ITE PM peak hour internal capture rates were reduced 50%.—Daily value = 10% **** Pass-By Rates – PM Peak Hour 25%; Daily 15%. Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 7 Table 2B Trip Generation (MPUD Amendment – Proposed) – Average Weekday 24 Hour Two- Way Volume PM Peak Hour ITE Land Use Size Enter Exit Total Multifamily Housing (Low-Rise) * 460 du 3,437 145 85 230 Shopping Center 80,000 sf 5,166 221 240 461 Mini-Warehouse 105,000 sf 159 8 10 18 Total Traffic 8,762 374 335 709 Internal Capture ** 102 42 42 84 Total External 8,660 332 293 625 Pass-By Trips *** 767 52 53 105 Total to Adjacent Streets 7,893 280 240 520 Note(s): *Includes apartments, townhouses and condominiums. **Internal Capture – not to exceed 20% of total traffic - ITE PM peak hour internal capture rates were reduced 50%. ***Pass-By Rates – PM Peak Hour 25%; Daily 15%. The project estimated net new volume traffic shown in Table 2C reflects the highest impact PM peak hour traffic under proposed MPUD amendment conditions (Table 2B), versus the existing approved MPUD trip cap conditions – Table 2A. Table 2C Trip Generation (Proposed Net New Traffic) – Average Weekday 24 Hour Two- Way Volume PM Peak Hour Land Use Enter Exit Total MPUD Proposed Amendment (Total to Adjacent Streets) 7,893 280 240 520 Maximum Allowed MPUD Existing Approved (Total to Adjacent Streets) 8,159 291 288 579 Net Increase (Net Decrease) (266) (11) (48) (59) Conclusion As illustrated in Table 2C, from a traffic stand point, the proposed Tree Farm MPUD amendment is less intensive compared to what was most recently approved. The maximum total daily trip generation for the proposed development shall not exceed 520 two-way PM peak hour net new trips based on the land use codes in the ITE Trip Generation Manual in effect at the time of application for SDP/SDPA or subdivision plat approval. Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 8 Appendix A MPUD Master Plan Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 9 Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 10 Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 11 Appendix B Initial Meeting Checklist (Methodology Meeting) Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 12 Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 13 Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 14 Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 15 Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 16 Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 17 Appendix C Trip Generation Calculations ITE 10th Edition Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 18 ITE Trip Generation Manual 10th Edition – LUC Descriptions Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 19 Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 20 Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 21 Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 22 Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 23 Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 24 Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 25 MPUD Existing Approved per Trip Cap – ITE Site Trip Generation Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 26 Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 27 Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 28 Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 29 Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 30 Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 31 Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 32 Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 33 Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 34 MPUD Proposed Scenario – ITE Site Trip Generation Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 35 Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 36 Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 37 Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 38 Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 39 Tree Farm MPUD Amendment – TIA – July 2019 Trebilcock Consulting Solutions, PA P a g e | 40 Collier County School District School Impact Analysis Application Instructions: Submit one copy of completed application and location map for each new residential project requiring a determination of school impact to the Planning Department of the applicable local government.This application will not be deemed complete until all applicable submittal requirements have been submitted. Please be advised that additional documentation/information may be requested during the review process. For information regarding this application process, please contact the Facilities Management Department at 239-377-0267. Please check []type of application request (one only): [ ] School Capacity Review [ ] Exemption Letter [ ] Concurrency Determination [ ] Concurrency Determination Amendment For descriptions of the types of review please see page 3, _________________________________________________________________________________________________________________________ I. Project Information: Project Name: ___________________________________________Municipality: _________________________________ Parcel ID#: (attach separate sheet for multiple parcels): _______________________________________________________ Location/Address of subject property: ____________________________________________________(Attach location map) Closest Major Intersection: _______________________________________________________________________________ II. Ownership/Agent Information: Owner/Contract Purchaser Name(s): _____________________________________________________________________ Agent/Contact Person: ________________________________________________________________________________ (Please note that if agent or contact information is completed the District will forward all information to that person) Mailing address: _____________________________________________________________________________________ Telephone#: _____________________________ Fax: _________________________Email_________________________ I hereby certify the statements and/or information contained in this application with any attachments submitted herewith are true and correct to the best of my knowledge. _____________________________________________________ _____________________________ Owner or Authorized Agent Signature Date _________________________________________________________________________________________ III. Development Information Project Data (Unit Types defined on page 2 of application) Current Land Use Designation:Proposed Land Use Designation: Current Zoning:Proposed Zoning: Project Acreage: Unit Type:SF MF MH C G Total Units Currently Allowed by Type: Total Units Proposed by Type: Is this a phased project: Yes or No If yes,please complete page 2 of this application. Date/time stamp:___________________________ Tree Farm MPUD Collier County 00188040005, 00187240000 and 00187400002 northwest corner of Collier Blvd. and Immokalee Road Collier Boulevard and Immokalee Road TBC Tree Farm 1, LLC and TBC Tree Farm 2, LLC D. Wayne Arnold, AICP of Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 239.947.1144 warnold@gradyminor.com 2019-01-29 10:39:32 January 29, 2019 Commercial and Residential Commercial and Residential Tree Farm MPUD Tree Farm MPUD 138 281 138 322 Types of Reviews: School Impact Analysis: This review should be divided into two categories: -School Capacity Review (land use and rezonings), and; -Concurrency Determinations (site plans and subdivisions). School Capacity Review is the review of a project in the land use and rezoning stage of development. It is a review of the impact of the development on school capacity and is considered long range planning. This may be a review resulting in mitigation being required. In situations where the applicant may be required to mitigate, capacity may be reserved dependent on the type of mitigation. Concurrency Determination is the review of residential site plans and subdivisions to determine whether there is available capacity. When capacity is determined to be available a School Capacity Determination Letter (SCADL) will be issued verifying available capacity to the applicant and the local government. If a project exceeds the adopted level of service standards, the applicant is afforded the option of a negotiation period that may or may not result in an executed/recorded mitigation agreement Mitigation at this stage is expressed as a Proportionate Share Mitigation Agreement.For those residential developments that may have an impact but are otherwise exempt from concurrency, an exemption letter will be prepared for the applicant upon request. For those residential developments that are determined to not have an impact, a letter of no impact will be prepared for the applicant upon request. Exemption Letter: An applicant may request an Exemption Letter as documentation for the local government. These are projects that would be exempt from school concurrency review or projects that do not impact the public schools. Exemptions from school concurrency are limited to existing single family or mobile home lots of record; amendments to previously approved site plans or plats that do not increase the number of dwelling units or change the dwelling unit type;age restricted communities with no permanent residents under the age of 18;or residential site plans or plats or amendments to site plans or plats that generate less than one student;or are authorized as a Development of Regional Impact (Chapter 380, F.S.) as of July 1, 2005. Concurrency Determination Amendment: An applicant may request an amendment to a previously issued School Concurrency Determination or to an application being processed. This review may require additional staff time beyond the initial concurrency determination review and results in a modified determination being issued. An amendment could result in a negotiation period and/or a mitigation agreement being issued or a previously approved determination being modified and reissued. 3 Text underlined is added; Text struck-through is deleted. TREE FARM MPUD PL20140000640 July 29 October 23, 2015 1 of 30 TREE FARM MPUD A MIXED-USE PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE TREE FARM MPUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: TREE FARM LAND TRUST 2600 GOLDEN GATE PARKWAY, SUITE 105 NAPLES, FLORIDA 34105 LANDQUEST GROUP 5150 TAMIAMI TRAIL NORTH NAPLES, FLORIDA 34103 PREPARED BY: 6610 Willow Park Drive Suite 200 Naples, Florida 34109 and GEORGE L. VARNADOE, ESQUIRE PASSIDOMO, CHEFFY & JOHNSON, LLP 821 FIFTH AVENUE SOUTH, SUITE 201 NAPLES, FLORIDA 34112R. BRUCE ANDERSON CHEFFY PASSIDOMO, P.A. 821 5TH AVENUE SOUTH NAPLES, FLORIDA 34102 Exhibit A to HEX No. 2015-42 Page 1 of 38 Text underlined is added; Text struck-through is deleted. TREE FARM MPUD PL20140000640 July 29 October 23, 2015 2 of 30 DATE REVIEWED BY CCPC: DATE REVIEWED BY BCC: ORDINANCE NUMBER: 07-54 AMENDMENTS AND APPEAL: EXHIBIT “A” TABLE OF CONTENTS LIST OF EXHIBIT AND TABLES STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND LEGAL DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III COMMERCIAL MIXED-USE DISTRICT (C) SECTION IV RESIDENTIAL DISTRICT (R) SECTION V PRESERVE DISTRICT (P) SECTION VI DEVELOPMENT COMMITMENTS Exhibit A to HEX No. 2015-42 Page 2 of 38 Text underlined is added; Text struck-through is deleted. TREE FARM MPUD PL20140000640 July 29 October 23, 2015 3 of 30 LIST OF EXHIBIT AND TABLES EXHIBIT “A” MPUD MASTER PLAN EXHIBIT “B” LEGAL DESCRIPTION EXHIBIT “C” SCHEDULE OF DEVIATIONS EXHIBIT “D” COMPLIANCE AGREEMENT TABLE IA FLUE ELIGIBLE DENSITY TABLE IB MPUD DENSITY TABLE II PROJECT LAND USE DISTRICTS TABLE III DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT TABLE IV DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICT TABLE V DEVELOPMENT STANDARDS FOR RECREATIONAL AREA Exhibit A to HEX No. 2015-42 Page 3 of 38 Text underlined is added; Text struck-through is deleted. TREE FARM MPUD PL20140000640 July 29 October 23, 2015 4 of 30 STATEMENT OF COMPLIANCE The development of ±58.84 acres of property in Collier County, Florida, as a Mixed Use Planned Unit Development (MPUD) to be known as the Tree Farm MPUD, shall be in compliance with the goals, objectives, and policies of the Collier County Growth Management Plan (GMP), Land Development Code (LDC) and other applicable codes and ordinances. The commercial and residential uses and recreational facilities of the Tree Farm MPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the GMP elements for the following reasons: 1. The subject property is 58.84+/- acres in size and is designated Urban on the Future Land Use Map, with 40.15 acres located within a residential density band of the Urban Mixed Use District, Urban Residential Subdistrict, and 18.69 acres located within Commercial District, Mixed Use Activity Center Subdistrict, as identified on FLUM. Consistent with the provisions of Objective 1 of the Future Land Use Element (FLUE), all uses contemplated are consistent with these respective designations. 2. Approximately 18.69 acres of the subject property is located within an area identified as Activity Center #3 in the FLUE of the GMP for Collier County. 3. Activity Centers are the preferred locations for concentration of commercial and mixed use development activities. The subject property is located on the northwest corner of the intersection of Immokalee Road and the future Collier Boulevard (C.R. 951) Extension. This strategic location will allow superior access to the site, and provide an ideal location for commercial activities. The project is a mixed use development located within, and less than one mile from, an Activity Center. Therefore, the proposed commercial uses and residential densities are consistent with the FLUE of the Collier County GMP. 4. The development will be compatible and complimentary to existing and planned surrounding land uses (Policy 5.4). 5. The project must comply with the provisions of Division 6.02.01, adequate public facilities requirements of the LDC. Therefore, it will implement, and further Objective 2 of the FLUE, Objective 8 of the Transportation Element, Objective 1.2 of the Sanity Sewer Sub- Element. 6. The maximum allowable density as set forth under the FLUE Density Rating System is as follows: Exhibit A to HEX No. 2015-42 Page 4 of 38 Text underlined is added; Text struck-through is deleted. TREE FARM MPUD PL20140000640 July 29 October 23, 2015 5 of 30 Table IA: FLUE Eligible Density (* Rounded) T able IB: MPUD Density (*Rounded) 7. The MPUD sets forth a maximum density of 425 281 dwelling units (281 multi- family/single family attached/townhouse or 138 single-family detached units) or 7.224.78 dwelling units per acre. The MPUD requires that a minimum of 15 percent of the density generated from the Activity Center shall be constructed within the Activity Center portion of the project. Additionally, the balance of the density accumulated from the Activity Center acreage shall be located within one third (1/3) of a mile of the Activity Center boundary. The portion of the project within the The Activity Center shall be: developed at a human scale; pedestrian-oriented; and, interconnected with the remaining portions of the project with pedestrian and bicycle facilities. 8. The MPUD has been designed to provide for future vehicular interconnectivity to the west, and has been designed to provide vehicular, pedestrian and bicycle interconnectivity throughout the project, including between the commercial and residential components. FLUE Designation Acres +/- Eligible Base Units/Acre Eligible Bonus Density/Acre Total Eligible Density/Acre Eligible Gross Density Mixed Use Activity Center Subdistrict 18.69 16 N/A 16 299.04 Urban Residential Subdistrict, Density Band 40.15 4 3 7 281.05 Total 58.84 N/A N/A 9.85 580.00* FLUE Designation Acres +/- MPUD Density Units/Acre Eligible Density/Acre MPUD Gross Density Mixed Use Activity Center Subdistrict 18.69 7.700.00 16 143.910.00 Urban Residential Subdistrict, Density Band 40.15 4.007.00 7 281.05 Total 58.84 7.224.78 9.859.86 425281.00* Exhibit A to HEX No. 2015-42 Page 5 of 38 Text underlined is added; Text struck-through is deleted. TREE FARM MPUD PL20140000640 July 29 October 23, 2015 6 of 30 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Tree Farm MPUD. 1.2 LEGAL DESCRIPTION BEING PART OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA. PARCEL 1: THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE EAST 30 FEET AND SOUTH 30 FEET THEREOF AS ACCESS EASEMENT FOR HIGHWAY RIGHT-OF-WAY. PARCEL 2: THE EAST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE EAST 30 FEET AND THE NORTH 30 FEET THEREOF AS AN ACCESS EASEMENT FOR HIGHWAY RIGHT-OF-WAY. PARCEL 3: THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO AN EASEMENT FOR PUBLIC RIGHT- OF-WAY OVER AND ACROSS THE EAST 30 FEET THEREOF; AND EXCEPTING THE SOUTH 100 FEET THEREOF FOR CANAL RIGHT-OF-WAY. COMMENCING AT THE NORTHEAST CORNER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 22, S. 00°51'06" E., A DISTANCE OF 1334.40 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE ALONG THE SAID EAST LINE, S. 00°51'06" E., A DISTANCE OF 1334.40 FEET TO THE EAST QUARTER (1/4) CORNER OF SAID SECTION 22; THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION 22, S. 00°50'18" E., A DISTANCE OF 2569.47 FEET TO A POINT ON THE NORTH LINE OF A 100 FEET WIDE CANAL RIGHT-OF-WAY; THENCE LEAVING THE SAID EAST LINE, N. 89°57'31" W., A DISTANCE OF 660.13 FEET ALONG THE SAID NORTH LINE; THENCE LEAVING THE SAID NORTH LINE, N. 00°44'25" W., A DISTANCE OF 2568.56 FEET TO A POINT ON THE EAST-WEST QUARTER (1/4) LINE OF SAID Exhibit A to HEX No. 2015-42 Page 6 of 38 Text underlined is added; Text struck-through is deleted. TREE FARM MPUD PL20140000640 July 29 October 23, 2015 7 of 30 SECTION 22; THENCE LEAVING THE SAID EAST-WEST QUARTER (1/4) LINE N. 00°45'01" W., A DISTANCE OF 1334.03 FEET; THENCE N. 89°56'17" E., A DISTANCE OF 653.36 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 2,563,283.4 SQUARE FEET OR 58.84 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Thomas S. Monaghan (Tree Farm Land Trust) (Folio: 00187400000, 00187400002, and 00188040005) Collier County (Folio: 00190041403, 7.42 ac property conveyed fee simple to Collier County – ORG4413 PG 3834 1.4 DEVELOPER The Tree Farm property is intended to be developed by the Tree Farm Land Trust or assignee. All reference to the “developer” as may be contained in this MPUD Document shall mean the Tree Farm Land Trust, unless, and until the subject property described and depicted in this MPUD Document is conveyed, or assigned. It is the responsibility of the Tree Farm Land Trust to notify Collier County, in writing, of the land conveyance, or assignment of the subject property described and depicted in this MPUD Document within six months from the actual conveyance, or assignment. 1.5 PHYSICAL DESCRIPTION The development property is located in Section 22, Township 48 South, Range 26 East, Collier County. It consists of ±58.84 acres located in the northwest corner of the intersection of Immokalee Road (CR 846) and the future extension of Collier Boulevard (C.R. 951). The property was previously used as a tree nursery. Improvements on the property consist of a small maintenance shed and the property is generally without topographic relief, with the average elevation at approximately 13 feet above mean sea level. The water management system will consist of approximately ±7.26.4 acres of water management areas that will receive runoff from structures and parking areas. Run-off is collected by catch basins and culvert systems for conveyance to the project’s internal lake system. The project outfall will be at the project’s eastern boundary. Discharge will be into the Cocohatchee Canal that runs along Immokalee Road. Allowable discharge rates will be in accordance with applicable County ordinances. The water management system will be permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Permit (ERP) process. All rules and regulations of SFWMD will be imposed upon this project including, but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, Exhibit A to HEX No. 2015-42 Page 7 of 38 Text underlined is added; Text struck-through is deleted. TREE FARM MPUD PL20140000640 July 29 October 23, 2015 8 of 30 minimum roadway centerline, perimeter berm and finished floor elevations, and water quality pre-treatment. 1.6 PROJECT DESCRIPTION The Tree Farm MPUD shall be a mixed-use development. The southern ±18.65 69 acres of the property, located within Activity Center #3, shall allow for a variety of commercial and residential uses. The remainder of the property shall be used for residential development. The commercial land uses within the Activity Center portion of the property are those typically associated with major intersections, including, but not limited to, convenience stores with gas pumps, restaurants, banks, and shopping centers anchored by a major grocery or retail store(s). The commercial uses and signage will be designed to be harmonious with one another and will be compatible with adjacent and nearby land uses. In addition to compliance with all applicable provisions of the LDC, except where deviations are authorized, compatibility and harmony will be achieved by using common architectural elements and common entryway signage and landscape design themes. The amenities proposed to be provided as part of the residential and recreational portion of the project include, but are not limited to structures (clubhouse), and complimentary areas (swimming pool, children’s playground, and tennis facilities) to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of passive (native preserves) and active recreational opportunities. Access to the property will be from the future extension of Collier Boulevard (C.R. 951) and will include an access point off Immokalee Road, when a shared access agreement with the adjacent property to the west is negotiated. The access from Immokalee Road will be aligned with the access to the Pebblebrooke Subdivision located south of Immokalee Road, and across from and to the west of subject property. Access from the future extension of Collier Boulevard is depicted on the MPUD Master Plan as follows: a right in/right out access at approximately 660 feet from the Collier Boulevard, Immokalee Road intersection; a directional median opening at approximately one-quarter (1/4) mile from Collier Boulevard, Immokalee Road intersection; and a full median opening at approximately one- half (1/2) mile from the Collier Boulevard, Immokalee Road intersection; and an optional right in/right out access at approximately three quarter (3/4) mile from the Collier Boulevard/Immokalee Road intersection. The directional and full median openings will be aligned with the access points approved for the Heritage Bay DRI, and all access points are subject to review and approval of Collier County Transportation Services Division. Additionally, this project has provided adequate land to accommodate the widening of Immokalee Road and Collier Boulevard, including intersection improvements and the reconfiguration of the Immokalee canal to facilitate such improvements. Additionally, the project is designed to provide for adequate land to accommodate the extension of Immokalee Road, the possibility of an eventual six-laning of Collier Boulevard (adjacent to the project), and for the future widening of Collier Boulevard, including intersection improvements and potential relocation of the Collier Boulevard canal to facilitate such intersection improvements. The Tree Farm MPUD will be served with centrally provided potable water, sanitary sewer, Exhibit A to HEX No. 2015-42 Page 8 of 38 Text underlined is added; Text struck-through is deleted. TREE FARM MPUD PL20140000640 July 29 October 23, 2015 9 of 30 electric power, and telephone facilities. Additional services will be provided as deemed appropriate. Exhibit A to HEX No. 2015-42 Page 9 of 38 Text underlined is added; Text struck-through is deleted. TREE FARM MPUD PL20140000640 July 29 October 23, 2015 10 of 30 1.7 SHORT TITLE This Ordinance shall be known and cited as the “Tree Farm Mixed-Use Planned Unit Development (MPUD) Ordinance”. THIS SPACE INTENTIONALLY LEFT BLANK Exhibit A to HEX No. 2015-42 Page 10 of 38 Text underlined is added; Text struck-through is deleted. TREE FARM MPUD PL20140000640 July 29 October 23, 2015 11 of 30 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to generally describe the project plan of development, relationships to applicable County ordinances, the respective land use districts within the Tree Farm MPUD, as well as other project relationships. 2.2 DESCRIPTION OF PROJECT PLAN AND LAND USE DISTRICTS The project Master Plan, including layout of streets and use of land is graphically illustrated by Exhibit “A”, MPUD Master Plan. There shall be three four land use districts, portions of which may include water management lakes or facilities, and private rights-of-way or drive aisles. A breakdown of the Tree Farm MPUD land use districts and their respective acreages is presented in Table I. TABLE II PROJECT LAND USE TRACTS DISTRICT TYPE ACREAGE “C/MU” COMMERCIAL MIXED-USE ±18.69* “R” “RA” RESIDENTIAL RECREATIONAL AREA ±39.6439.19 ±0.45 “P” PRESERVE ±0.51 TOTAL 58.84 * Note: the MPUD provides for a total of 7.42 acres of right-of-way Reservation conveyance for future extension of Immokalee Road Collier Boulevard, expansion of Immokalee RoadCollier Boulevard, and improvements to the intersection of these two arterial roadways. This right-of-way reservation conveyance includes 4.34 acres within the “C/MU” Commercial Mixed-Use Tract (Activity Center) and 3.08 acres within the “R” Residential Tract 2.3 MAXIMUM PROJECT DENSITY AND INTENSITY A. The Commercial Mixed-Use District will be limited to 18.69 acres within the designated Activity Center. The Residential District will be limited to 39.6439.19 acres. B. Intensity: A maximum of 175,000120,000 square feet of commercial uses may be constructed within the Commercial Mixed-Use District, of which a maximum of 100,00043,500 square feet may be retail or office and the balance (above 143,500100,000 square feet) is limited to office use, as set forth in Section 3.3 of this MPUD. Exhibit A to HEX No. 2015-42 Page 11 of 38 Text underlined is added; Text struck-through is deleted. TREE FARM MPUD PL20140000640 July 29 October 23, 2015 12 of 30 C. Approved Density: A maximum of 425 281 multi-family/single-family attached/townhouse units or 138 single-family detached residential dwelling units may be constructed in the total project area. The gross project area is 58.84± acres. The gross project density, therefore, will be a maximum of 7.224.78 dwelling units per acre. A minimum of 15 percent of the density generated from the Activity Center acreage shall be constructed within the activity center portion of the project. Additionally, the balance of the density accumulated from the Activity Center acreage shall be located within one third (1/3) of a mile of the Activity Center boundary. The portion of the project within the The Activity Center shall be developed at a human scale, be pedestrian-oriented, and be interconnected with the remaining portion of the project with pedestrian and bicycle facilities. 2.4 EXISTING STRUCTURES The existing principal structures within the MPUD boundaries may be retained and utilized through the construction and platting phases of the development. 2.5 NATIVE VEGETATION RETENTION REQUIREMENTS A. A minimum of 0.51 acres (25% of the 2.02 acres of native vegetation on site) is required to be retained or replanted. The Tracts identified as “P,” contain 0.51 +/- acres, and fully satisfying the native vegetation requirements. B. This MPUD is subject to a Compliance Agreement entered into and made on June 6, 2005 by and between Collier County and the Tree Farm Land Trust, with respect to vegetation removal on the subject property. This Agreement establishes that 0.51 acres of native preserve shall be provided within the MPUD. A copy of this Compliance Agreement is attached as Exhibit “D”. 2.6 RIGHTS-OF-WAY At the discretion of the developer, the minimum right-of-way width to be utilized for all internal project streets may be fifty feet (50’). Deviation #1 from Section 6.06.01(O) of the LDC Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. 2.7 FENCES AND WALLS Deviation #2 seeks relief from LDC Section 5.03.02.C, which permits a maximum wall height of 6’ in residential zoning districts and residential components of a PUD, to allow a maximum wall height of 8’ along the perimeter of the PUD, and allow a 12’ wall/berm combination within residential portions of the PUD along Collier Boulevard. The berm portion of the 12’ wall/berm shall be a minimum of 3’ in height. Exhibit A to HEX No. 2015-42 Page 12 of 38 Text underlined is added; Text struck-through is deleted. TREE FARM MPUD PL20140000640 July 29 October 23, 2015 13 of 30 2.72.8 SIGNAGE A. General All signs will be provided in accordance with Chapter 5.06.00 of the LDC except in the following instances. 1. Boundary marker monuments containing project identification signs designed to identify the project, or any major use within the project, shall be permitted in locations depicted on the MPUD Master Plan (Exhibit “A”). Said boundary marker monument shall not exceed 6 feet in height as measured from finished grade at the location of the boundary marker monument. The sign face area for such boundary markers shall not exceed 64 square feet in area and shall not exceed the height or length of the monument on which it is located. If the sign is two-sided, each sign shall not exceed 64 square feet in area. Each sign shall only contain the main project name, insignia or motto of the entire development, and the developer’s name and logo. Boundary marker monuments shall be setback a minimum of 10 feet from any MPUD perimeter property line. DEVIATION #23 2. One off-premises sign may be located to the west of the Tree Farm MPUD generally located near the access to Collier Boulevard from the property immediately adjacent to the west of Tree Farm MPUD. The off-premise sign may deviate from the maximum 12 square foot size set forth in Section 5.06.04.C.15.b.i., but may not exceed 16 square feet in size, and may also deviate from Section 5.06.04.C.15.b.v., which requires such off-site signs to be located within 1000 feet of the intersection of the arterial roadway serving the building, structure or use. DEVIATION #24 3. Signage, as permitted by the LDC or this MPUD, may be placed within the right-of-way reservation tracts with approval from Collier County Transportation Services Staff, provided that any such signage be removed or relocated outside of the right-of-way reservation tract within which the subject sign is located, within 60 days of written request to do so by Collier County Transportation Services Division. The County shall bear no responsibility for any costs to remove or relocated such signage. Exhibit A to HEX No. 2015-42 Page 13 of 38 Text underlined is added; Text struck-through is deleted. TREE FARM MPUD PL20140000640 July 29 October 23, 2015 14 of 30 SECTION III COMMERCIAL MIXED-USE DISTRICT (C/MU) 3.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as District “C/MU”, Commercial on Exhibit “A”, MPUD Master Plan. The general function and purpose of this District is to provide the opportunity for diverse types of commercial activities that deliver goods and services, including entertainment and recreational attractions, to many segments of the population. 3.2 MAXIMUM COMMERCIAL/OFFICE SQUARE FEET AND MINIMUM RESIDENTIAL DEVLOPMENT The 18.69 ± acre commercial area (District “C”), is limited to a maximum of 175,000120,000 square feet of commercial/office uses, of which a maximum of 143,500100,000 square feet may be retail or office and the balance (above 143,500100,000 square feet) is limited to office use. A minimum of 5,000 square feet shall be developed with professional or medical office use. A minimum of 15 percent of the density generated from the Activity Center acreage shall be developed within the Commercial-Mixed-Use District, and the balance of the density generated from the Activity Center acreage may be developed within 1/3 mile of the Activity Center boundary. No more that 50% of the allowable commercial square footage may be developed prior to the development of at least one-half of the minimum required dwelling units within the Activity Center, and no more that 75% of the maximum allowable commercial square footage may be developed prior to the development of the remaining 50% of the minimum required residential dwelling units within the Activity Center. 3.3 PERMITTED USES No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or in part, for other than the following: A. Principal Uses1: 1. Group 0742 – Veterinary services for animal specialties (except outdoor kennel) 2. Establishments furnishing point-to-point communications services as outlined under Major Group 48 in the Standard Industrial Classification Manual; no communication towers are permitted. 3. Group 5231 – Paint glass, and wallpaper stores; 4. Group 5251 – Hardware stores; 1 Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition. Exhibit A to HEX No. 2015-42 Page 14 of 38 Text underlined is added; Text struck-through is deleted. TREE FARM MPUD PL20140000640 July 29 October 23, 2015 15 of 30 5. Group 5261 – Retail nurseries, lawn and garden supply stores; 6. Major Group 53 – General merchandise stores. 7. Major Group 54 - Food stores. 8. Group 5531 – Auto and home supply stores, not including any installation facility; 9. Group 5541 – Gasoline stations, not including service facilities; 10. Group 7542 – Carwashes only. 11. Industry Group 555 – Boat dealers. 12. Major Group 56 – Apparel and accessory stores. 13. Major Group 57 – Home furniture, furnishings, and equipment stores. 14. Major Group 58 – Eating and drinking places. 15. Major Group 59 – Miscellaneous Retail. Industry Group Numbers: 596 – nonstore retailers; 598 – and not including retail sale of fireworks. 16. Major Groups 60, excluding 6099 check cashing agencies, 61, 62, 63, 64, 65, and 67 in the Standard Industrial Classification Manual. 17. Group 7011 – Hotels and motels. The maximum floor area ratio for hotels shall not exceed a factor of 0.60. 18 Establishments operating primarily to provide personal services for the following Industry groups: a. 721 – Laundry, cleaning, and garment services, only including Group 7211 – power laundries, family and commercial, Group 7215 – Coin-operated laundries and dry-cleaning, and Group 7217 – carpet and upholstery cleaning; b. 722 – Photographic portrait studios; c. 723 – Beauty shops d. 724 – Barber shops; e. 725 – Shoe repair shops and shoeshine parlors; f. 729 – Miscellaneous personal services, only including Group 7291 Tax return preparation services, and Group 7299 personal services, not elsewhere classified, only including car title and tag service, computer photography or portraits, costume rental, diet workshops, electrolysis (hair removal), genealogical investigation service, hair weaving or replacements service, dress suit or tuxedo rental, and tanning salons. Exhibit A to HEX No. 2015-42 Page 15 of 38 Text underlined is added; Text struck-through is deleted. TREE FARM MPUD PL20140000640 July 29 October 23, 2015 16 of 30 19. Establishments operating primarily to provide business services for the following Industry Groups: a. 731 – Advertising, not including Group 7312 outdoor advertising services agencies; b. 733 – Mailing, reproduction, commercial art and photography, and stenographic services; c. 735 – Group 7352 – medical equipment rental and leasing; d. 737 – Computer programming, data processing, and other computer related services, not including Group 7371 – computer programming services. 20. Establishments primarily engaged in developing film and in making photographic prints and enlargements for the trade or for the general public, only including Group 7384, photofinishing laboratories. 21. Group 7513 – Truck rental and leasing, without drivers; Group 7514 – passenger car rental; Group 7515 – passenger car leasing; and Group 7519 – utility trailer and recreational vehicle rental. 22. Group 7631 – Watch, clock, and jewelry repair, and Group 7699 – repair shops and related services, not elsewhere classified. 23. Group 7832 – Motion picture theaters, except drive-in, and Group 7841 – video tape rental. 24. Major Group 79 – Amusement and recreation services, for the following industry numbers: a. Group 7911 – Dance studios, schools and halls b. Group 7922 – Theatrical producers (except motion picture) and Group miscellaneous theatrical services c. Group 7941 – Professional sports clubs and promoters, only including managers of individual professional athletes, and promoters of sports events. d. Group 7991 – Physical fitness facilities e. Group 7999 – Amusement and recreation services, not elsewhere classified, to include moped rental, motorcycle rental, rental of bicycles, schools and camps-sports instructional, scuba and skin diving instruction, sporting goods rental only. 25. Major Group 80 – Health services for the following industry groups: a. 801 – Offices and clinics of doctors of medicine; b. 802 – Offices and clinics of dentists; c. 803 – Offices and clinics of doctors of osteopathy; d. 804 – Offices and clinics of other health practitioners. 26. Major Group 807 – Medical and dental laboratories for the following industry numbers: a. Group 8071 – Medical laboratories; b. Group 8072 – Dental laboratories. Exhibit A to HEX No. 2015-42 Page 16 of 38 Text underlined is added; Text struck-through is deleted. TREE FARM MPUD PL20140000640 July 29 October 23, 2015 17 of 30 27. Establishments operating primarily to provide legal services as defined under Major Group 81. 28. Group 8231 – Libraries. 29. Membership organizations engaged in promoting the interests of their member as defined under Major Group 86. 30. Establishment operating primarily to provide engineering, accounting, research, and management for the following Industry Numbers: a. Group 8711 – Engineering services b. Group 8712 – Architectural services c. Group 8713 – Surveying services d. Group 8721 – Accounting, auditing and bookkeeping services e. Group 8732 – Commercial economic, sociological, and educational research f. Group 8741 – Management services g. Group 8742 – Management consulting services h. Group 8743 – Public relations services i. Group 8748 – Business consulting services. 31. Offices of government as defined under Major Group 91 – Executive, legislative, and general government, except finance. 32. Residential multi-family dwelling units, whether in a free standing residential building or located in a mixed commercial and residential building. Mixed use buildings shall adhere to the development standards set forth in Table III below. Residential units shall not be located on the first floor of a mixed use building, and shall be subject to a minimum per unit floor area of 1,000 square feet. Residential buildings with no commercial component shall adhere to the development standards set forth in Table IV. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Parking facilities and signage. 2. Uses and structures that are accessory and incidental to the permitted uses within this MPUD Document. 3. One caretaker’s residence. 3.4 DEVELOPMENT STANDARDS A. Table III below sets forth the development standards for land uses within the Tree Farm MPUD Commercial District. Standards not specified herein shall be those specified in applicable sections of the LDC in effect as of the date of adoption of this Ordinance. Exhibit A to HEX No. 2015-42 Page 17 of 38 Text underlined is added; Text struck-through is deleted. TREE FARM MPUD PL20140000640 July 29 October 23, 2015 18 of 30 TABLE III DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT * No structure may be located closer than 20 feet to the top of bank of a lake (allowing for the required minimum 20 foot wide lake maintenance easement). ** Whichever is greater. *** This is an estimate of Actual Height given the LDC definition thereof, and the following facts and assumptions: a) the property is not located within a flood zone; b) the Actual Height set forth above assumes a maximum of 3 feet of vertical feet in distance from existing ground elevation to the average height of the centerline of the adjacent road and a maximum of 9 additional feet for architectural roof treatments above the maximum Zoned Height limit; and c) the Actual Height cannot be fully ascertained until an applicable Site Development Plan is submitted. **** Per principal structure, kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of twenty-five (25) square feet and shall be subject to the accessory structure standards set forth in the LDC. ***** Total allowable commercial square footage is 175,000120,000 square feet; however no more than 143,500100,000 may be retail or office and the balance, above 143,500100,000 square feet, if developed, shall be office. SECTION IV PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 sq. ft. N/A AVERAGE LOT WIDTH 100 ft. N/A MINIMUM YARDS (External) From Immokalee Road Canal ROW 25 ft. SPS From Future Extension of Collier Blvd. 25 ft. SPS From Western Project Boundary 25 ft. 15 ft. MINIMUM YARDS (Internal) Internal Drives/ROW 15 ft. 10 ft. Rear 10 ft. 10 ft. Side 10 ft. 10 ft. Lakes 25 ft. 20 ft.* Preserves 25 ft. 10 ft. MIN. DISTANCE BETWEEN STRUCTURES 10 ft. or 1/2 the sum of building heights** 10 ft. MAXIMUM HEIGHT ZONED ACTUAL Retail Buildings (with or without residential uses) 50 ft. 62 ft.*** 35 ft. Office Buildings (with or without residential uses) 65 ft. 77 ft.*** 35 ft. MINIMUM FLOOR AREA 1,000 sq. ft.**** N/A MAX. GROSS LEASABLE COMMERCIAL AREA 175,000120,000 sq. ft.***** N/A Exhibit A to HEX No. 2015-42 Page 18 of 38 Text underlined is added; Text struck-through is deleted. TREE FARM MPUD PL20140000640 July 29 October 23, 2015 19 of 30 RESIDENTIAL DISTRICT (R) 4.1 PURPOSE The purpose of this section is to identify specific development standards for areas designated as “R” on the MPUD Master Plan, Exhibit “A”. Residential uses, infrastructure, perimeter land use buffers, and signage, as well as project recreational/social facilities will occur within this District. 4.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the MPUD shall be established at the time of development plan review, but shall not exceed 425 281 multi- family/single-family attached/townhouse residential dwelling units or 138 single-family detached units. Since 15% of the density generated from the Activity Center acreage are required to be developed within the Commercial Mixed Use District, and the remaining density generated from the Activity Center acreage must be developed within 1/3 mile of the Activity Center boundary (as depicted on Exhibit A, the MPUD Master Plan), the remainder of the dwelling units may be developed north of the line on the MPUD demarcating the 1/3 mile distance from the Activity Center boundary. For the purpose of calculating the project density, 4 assisted living facilities (ALF) units shall constitute 1 residential dwelling unit and the maximum number of ALF units shall not exceed 150 units. 4.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Single-family attached dwellings (including townhouses intended for fee simple conveyance); 2. Zero lot line dwellings; 3. Single-family detached dwellings; 4. Duplexes, two-family dwellings; 5. Multiple-family dwellings; 6. ALF with ancillary medical uses and personal services for residents and their guests, including but not limited to, beauty salon, bank, pharmacy and convenience store. (Such ancillary medical or personal service uses shall only be accessed from inside the ALF (no exterior access), and shall not exceed 2,000 square feet in aggregate. No external signage or advertising shall be permitted in support of these ancillary medical or personal service uses. Exhibit A to HEX No. 2015-42 Page 19 of 38 Text underlined is added; Text struck-through is deleted. TREE FARM MPUD PL20140000640 July 29 October 23, 2015 20 of 30 B. Accessory Uses: 1. Customary accessory uses and structures including, but not limited to clubhouses, private garages, swimming pools with, or without and screened enclosures, tennis courts, tot lots, playgrounds and other outdoor recreation facilities. 4.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. B. Minimum Residential Density within Activity Center: A minimum of 15 percent of the density generated from the Activity Center shall be constructed within the 18.69 acre Mixed Use Activity Center portion of the project, and the balance of the density accumulated from the Activity Center may be developed within 1/3 mile of the northern boundary of the Activity Center, or within the Activity Center. THIS SPACE INTENTIONALLY LEFT BLANK TABLE IV RESIDENTIAL DEVELOPMENT STANDARDS Exhibit A to HEX No. 2015-42 Page 20 of 38 Text underlined is added; Text struck-through is deleted. TREE FARM MPUD PL20140000640 July 29 October 23, 2015 21 of 30 DEVELOPMENT STANDARDS SINGLE- TWO-FAMILY, SINGLE- FAMILY PATIO1, 2 & CLUBHOUSE/ FAMILY ATTACHED & ZERO LOT MULTI RECREATION DETACHED TOWNHOUSE LINE FAMILY BUILDINGS4 PRINCIPAL STRUCTURES MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. 2,250 S.F. 10,000 S.F. 10,000 S.F. PER UNIT PER UNIT PER UNIT MINIMUM LOT WIDTH 35 FEET 20 FEET 35 FEET 100 FEET N/A MINIMUM FLOOR AREA 1,000 S.F. 1,000 S.F. 1,000 S.F. 1,000 S.F/D.U. N/A MIN FRONT YARD 3,4 15 FEET 15 FEET 15 FEET 15 FEET N/A MIN SIDE YARD 56 FEET 0 FEET or 0 FEET or 15 10 FEET N/A 65 FEET 56 FEET MIN REAR YARD 15 7.5 FEET 15 7.5 FEET 15 7.5 FEET 20 FEET N/A MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MIN. DIST. BETWEEN STRUCTURES 12 10 FEET 12 10 FEET 12 10 FEET 20 FEET or N/A ½ ZONED BH, WHICIHEVER IS GREATER MAX. ZONED HEIGHT 2 STORIES NTE 2 STORIES NTE 2 STORIES NTE 3 STORIES NTE 2 STORIES NTE 42 FEET 42 FEET 42 FEET 50 FEET 50 FEET ACTUAL HEIGHT 5 54 FEET 54 FEET 54 FEET 62 FEET 62 FEET ACCESSORY STRUCTURES FRONT 10 FEET 10 FEET 10 FEET 10 FEET N/A SIDE 5 FEET 5 FEET 5 FEET 5 FEET N/A REAR 5 FEET 5 FEET 5 FEET 5 FEET N/A PRESERVE SETBACK 3 10 FEET 10 FEET 10 FEET 10 FEET N/A MAX. BLDG. HT. SPS SPS SPS 3 STORIES NTE 2 STORIES NTE NOT TO EXCEED 42 FEET 42 FEET S.P.S.: Same as Principal Structures. NTE: Not To Exceed BH: Building Height Exhibit A to HEX No. 2015-42 Page 21 of 38 Text underlined is added; Text struck-through is deleted. TREE FARM MPUD PL20140000640 July 29 October 23, 2015 22 of 30 General Notes: Front yards shall be measured as follows: If the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). Setback from lake easements for all accessory uses and structures may be zero feet (0’). No structure, other than those permitted within the LDC to be located within a required landscape buffer tract or easement, shall encroach into a required landscape buffer tract or easement. Footnotes 1) A patio home is a detached or semi-detached single-family unit from ground to roof wherein each dwelling unit lot is enclosed by a wall located at the lot line, thus creating a private yard between the house and the wall. 2) Setback may be either zero feet (0’) on one side and six feet (6’)five feet (5’) on the other side in order to provide a minimum separation between principal structures of twelve ten feet (12’10’). At the time of application for subdivision plat approval for each tract, a lot layout depicting minimum yard setbacks and building footprint shall be submitted. 3) Front loading garages shall have a minimum front yard setback of twenty-three feet (23’), as measured from the back of sidewalk. Side loaded garages may be located less than twenty-three feet (23’) feet from the back of sidewalk provided that the driveway design allows for parking of vehicles so as not to interfere with or block the sidewalk. These provisions apply to a garage whether attached to the principal structure or detached. 4) Although neither setbacks nor separation between structures are applicable to the clubhouse and other recreation structures located on the clubhouse tract, neither the clubhouse or any other recreational structures shall be located closer than twenty (20’) feet from any residential building or residential or preservation tract boundary. 5) This is an estimate of actual height given the LDC definition thereof, and the following facts and assumptions: a) the property is not located within a flood zone; b) the actual height set forth above assumes a maximum of 3 feet of vertical feet in distance from existing ground elevation to the average height of the centerline of the adjacent road and a maximum of 9 additional feet for architectural roof treatments above the maximum zoned height limit; and c) the actual height cannot be fully ascertained until an applicable site development plan is submitted. 4) For corner lots, only one (1) front yard setback shall be required. The yard that does not contain the driveway shall provide a 10’ setback. Exhibit A to HEX No. 2015-42 Page 22 of 38 Text underlined is added; Text struck-through is deleted. TREE FARM MPUD PL20140000640 July 29 October 23, 2015 23 of 30 4.5 PERMITTED USES FOR RECREATIONAL AREA, LABELED “RA” ON MASTER PLAN A. Principal Uses: 1. Clubhouse, gazebo, or other structures intended to provide social and recreational space for the private use of the residents and their guests. 2. Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts, playgrounds, pedestrian/bicycle pathways, and water features. 3. Passive open space uses and structures, such as but not limited to landscaped areas, gazebos, and park benches. 4. Any other principal use which is comparable in the nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (“BZA”) or Hearing Examiner, as applicable. B. Accessory Uses: 1. Community maintenance areas, and maintenance structures. 2. Any other accessory use which is comparable in nature with the foregoing list of permitted accessory uses, as determined by the Board of Zoning Appeals (“BZA”) or Hearing Examiner, as applicable. THIS SPACE INTENTIONALLY LEFT BLANK Exhibit A to HEX No. 2015-42 Page 23 of 38 Text underlined is added; Text struck-through is deleted. TREE FARM MPUD PL20140000640 July 29 October 23, 2015 24 of 30 TABLE V RECREATIONAL AREA DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS RECREATIONAL AREA PRINCIPAL STUCTURES MINIMUM LOT AREA 10,000 S.F. MINIMUM LOT WIDTH N/A MINIMUM FLOOR AREA N/A MIN. FRONT YARD 25’ MIN PRESERVE SETBACK 25 FEET MIN. SIDE YARD 25’ MIN. REAR YARD 25’ MIN. DISTANCE BETWEEN STRUCTURES 20’ MAX. ZONED HEIGHT 2 STORIES NTE 50 FEET MAX. ACTUAL HEIGHT 62 FEET ACCESSORY STRUCTURES MIN. FRONT YARD 15’ MIN. SIDE YARD 15’ MIN. REAR YARD 15’ PRESERVE SETBACK 25’ MAX. BUILDING HEIGHT NOT TO EXCEED 2 STORIES NTE 42 FEET NTE: Not to exceed Note: Where the Recreational Area abuts residential lots, the required 15’ Type B buffer shall include a 6’ wall. Exhibit A to HEX No. 2015-42 Page 24 of 38 Text underlined is added; Text struck-through is deleted. TREE FARM MPUD PL20140000640 July 29 October 23, 2015 25 of 30 THIS SPACE INTENTIONALLY LEFT BLANK Exhibit A to HEX No. 2015-42 Page 25 of 38 Text underlined is added; Text struck-through is deleted. TREE FARM MPUD PL20140000640 July 29 October 23, 2015 26 of 30 SECTION V PRESERVE AREA (P) 5.1 PURPOSE The purpose of this section is to set forth the development plan for areas designated as District “P”, Preserve Area on Exhibit “A”, MPUD Master Plan. The primary function and purpose of this District is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state. 5.2 USES PERMITTED A. Principal Uses: 1. Open spaces/nature preserves. B. Accessory Uses: 1. Water management structures. 2. Mitigation areas. 3. Passive recreational uses such as pervious nature trails or boardwalks shall be allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. For the purpose of this Section, passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to the preserve, such as pervious pathways, benches and educational signs. Fences may be utilized outside of the preserve to provide protection of the preserve in accordance with the applicable requirements set forth in the LDC. Fences and walls shall not be permitted within the preserve area. Perimeter berms and swales shall be located outside preserve boundaries. C. The .51 acre preserve tract depicted on the MPUD Master Plan shall be re-vegetated in compliance with MPUD Exhibit “D”, Compliance Agreement, and in accordance with the applicable provisions of the LDC. Exhibit A to HEX No. 2015-42 Page 26 of 38 Text underlined is added; Text struck-through is deleted. TREE FARM MPUD PL20140000640 July 29 October 23, 2015 27 of 30 SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in accordance with SDP, subdivision plans (if required), and all applicable State and local laws, codes, and regulations applicable to this MPUD. Except where specifically noted or stated otherwise, the standards and specifications of the LDC shall apply to this project, even if the land within the MPUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this Document. The developer, its successors or assignee, shall follow the Master Development Plan and the regulations of the MPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignee in title to the developer are bound by any commitments within this Document. These commitments may be assigned or delegated to a condominium/ homeowners’ association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments. 6.3 TRANSPORTATION The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. AB. If any required turn lane improvement requires the use of existing County rights-of- way or easements, compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. CB. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the fair share cost of such improvement shall be borne by the developer. Exhibit A to HEX No. 2015-42 Page 27 of 38 Text underlined is added; Text struck-through is deleted. TREE FARM MPUD PL20140000640 July 29 October 23, 2015 28 of 30 DC. The applicant shall reserve rights-of-way for the future Collier Boulevard extension and Immokalee Road expansion and intersection improvements as depicted on the MPUD Master Plan (Right-of-way Reservations Tracts A, B, and C, totaling 7.42 +/- acres). The applicant shall receive impact fee credits in exchange for Right-of-way Reservation Tract B (0.47 acres), but shall not receive impact fee credits for the reservation and eventual dedication of Right-of-way Reservation Tracts A and C. The applicant shall convey by deed, in fee simple, at no cost to the County (other than the aforementioned impact fee credits for Tract B) all lands reserved as depicted on the MPUD Master Plan (as noted herein) within 90 days of written request of the County. ED. The applicant shall construct a twelve foot (12’) asphalt greenway within the Immokalee Road canal right-of-way, or within the adjacent right-of-way reservation area, at the discretion of the Collier County Transportation Services Division. The greenway shall be located on the north side of the canal and shall connect to the greenway that Collier County is constructing to the west of the Tree Farm MPUD property. The developer shall provide five (5) parking spaces for public use in close proximity to and accessible from the greenway. These parking spaces may be located within the Commercial Tract, and may be located within the Right-of-way Reservation Tract “A” on a temporary or permanent basis, with approval from Collier County Transportation Services Division. The greenway shall be constructed prior to the issuance of the first certificate of occupancy (CO) within the MPUD. FE. The applicant shall design the project stormwater management system so as to accept and treat stormwater from fifty percent (50%) of the impervious area of proposed extension of Collier Boulevard adjacent to the Tree Farm MPUD, in accordance with South Florida Water Management District permitting requirements. GF. The applicant shall be responsible for fair share costs of improvements to the Immokalee Road/Collier Boulevard intersection, including bridge replacement and/or widening as may be necessary to construct a minimum of two north and two southbound through lanes as well as necessary turn lanes HG. The applicant shall ensure that any easements necessary to facilitate interconnections to properties to the west as shown on the MPUD Master Plan shall be granted by the appropriate instrument(s) at the time of submittal of the first development order application. IH. No certificate of occupancy (CO) for development within the Tree Farm MPUD will be issued until 6 laning of the following roadway segments has been substantially completed (that is fully open to traffic): 1. Immokalee Road from Collier Boulevard west to I-75 2. Immokalee Road from Collier Boulevard East to 43rd Avenue N.W.Oil Well Road 3. Collier Boulevard from Immokalee Road south to Golden Gate Boulevard. Exhibit A to HEX No. 2015-42 Page 28 of 38 Text underlined is added; Text struck-through is deleted. TREE FARM MPUD PL20140000640 July 29 October 23, 2015 29 of 30 HI. Should it become necessary or desirable to construct a wall to mitigate the impacts of noise from Collier Boulevard or Immokalee Road, the developer owner successor or assignee shall be responsible for the costs of designing and installing said wall or walls for the portion adjacent to the project boundary. J. The Tree Farm MPUD TIS was based on a development scenario that assumed a variety of commercial uses and a maximum of 281 multi-family units. The total trip generation was estimated in the TIS to be 580 PM peak hour two-way external trips to adjacent streets based on ITE trip generation rates. The development scenario analyzed in the TIS may change. However, the Project’s estimated trip generation will not exceed a maximum of 580 PM peak hour two-way external trips to adjacent streets. 6.4 UTILITIES The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. The developer shall reserve two one (1) areas to be granted as an easements to Collier County for a raw water wells. The dimensions of these this well easements shall not to exceed 100 feet by 100 feetbe at a maximum 80 feet by 50 feet. The approximate location of thisthese well easements is depicted on the MPUD Master Plan. The northerly raw water well easement site is located at the northeastern corner of the MPUD, and can be accessed from Immokalee Road ExtensionCollier Boulevard Extension. There are two possible locations for the southerly raw water well easement site, Option A is located on the westerly boundary of the project, south of the “P” Preserve Tract, and is adjacent to an internal drive which, if selected, will include the necessary access and utility easements. Option B is located at the southeast corner of the project and is located adjacent to Right-of-way Reservations Tracts A and B, and can be accessed from Immokalee Road Extension. The grant of these this easements shall occur at the time of site development plan or final plat approval for the area within the development phase that contains the respective well easement sites. At the time of the site development plan and/or final plat submittal, the developer shall provide the well site easement that meets the standard setback requirements for water wells. The developer shall also provide a temporary access easement within Right-of-way Reservation Tract C should the Collier County Utilities Division require access to the well sites prior to the grant of said right-of-way to Collier County. 6.5 ENVIRONMENTAL A. The development shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to “listed species”. A Big Cypress Fox Squirrel Management Plan shall be submitted to Environmental Exhibit A to HEX No. 2015-42 Page 29 of 38 Text underlined is added; Text struck-through is deleted. TREE FARM MPUD PL20140000640 July 29 October 23, 2015 30 of 30 Services Staff for review and approval prior to site plan/construction plan approval. Where protected species are observed on site, a Habitat Management Plan for those protected species, or their habitats shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. 6.6 AFFORDABLE-WORKFORCE HOUSING: A. The applicant shall provide 15% of the total units built in the project in the affordable housing price range or workforce housing, i.e., for those who earn up to 150% of the median income as calculated annually using the Collier County median income figure for a family of four as determined by the United States Housing and Urban Development Department (HUD). The applicant will use the most current median income figure as defined above at the time of sale to determine if that unit falls into the 150% median income or below. Currently, that would allow a sales price of up to $321,000. The applicant will provide verification of the sales prices to Collier County’s Housing and Human Services Department. The form of verification shall be determined between the applicant and the Collier County Housing and Human Services Division. B. The applicant shall make voluntary contributions to the Collier County Affordable Housing Trust Fund of $1,000 per dwelling unit and $0.50 per commercial square foot built in the project. THIS SPACE INTENTIONALLY LEFT BLANK Exhibit A to HEX No. 2015-42 Page 30 of 38 i Lq n IrrlInn1rlmj I r l E z j z li ZJ f S h ji I I N o o a o zG tl1 zfa CIJ erj C tl1 00fll seN 0 0 Jo l c w i G tI1 6 U C C n z l Tj I III niI I IlI I II Il l il I I 1lLr I I il 1 I if II rI I I O E 1 5 11 r lj II 1Ii I 1 II gg2 oR z s g tIj f2o 01 nS Q I l d e tj I i ItI Exhibit A to HEX No. 2015-42 Page 31 of 38 1 1 TREE FAR V LA D TRUST ERIL PHOTOGRAPH TREE FARM MPUD RIllA L t J 0 0 1 Il tI1ee i r t or brptr PI P it lLnJg r m Exhibit A to HEX No. 2015-42 Page 32 of 38 I Un f ol FS iat f 0 q 0 liP 1ii 1m r I i j I fI II i I i 11 r rL a fs1 li I t I ihih I I I II m I I I I i W r i 11m z I I I I 1 l I i i r 1OSVljIJlO j c 0 1 I OOlSWOBns lNxJIS3 S3 V1 3 OOllB la83dOINll11Iond 000I3 O 1 7 I n l d e I I Ii 8 111i5 U l illi il l iII l i j 1 111 I q e Imc j r I i IIlei f 1 1 il 1 to 1 I it I K Ii H l h f W i 5 1 1 1 p iJfi H f c i i I 1 N F l1 i J I i ll rr t ll I I I I 1fI 1 I I I I I ij I H p tt F lf lli Ii III It c I I l J I II 1 1 J Ii 1l 1 i 1 F 1 I I s l Iill L I If r lJ r 09 M T 0 11 u onIji W il i i 2 C ll n i ii I Ii i I Ii i i EXHIBIT A RLE FAR y L DTRGST TREE FAR vI MPUD MPUD MASTER PLAN i i c Iii i 1 P 1m i 1 1fl1 ill1 p I I J f G tI1 Tj ze I e tj D lT mc CONSULTING Civil Engining Surveying Mappjng D r 5 h Exhibit A to HEX No. 2015-42 Page 33 of 38 Exhibit A to HEX No. 2015-42 Page 34 of 38 Exhibit A to HEX No. 2015-42 Page 35 of 38 I1111I Wh HHO H 1m mlp8 g I I g c o I F o j I I I I III III III I 1 i I I I 0 l o i 7 lll and TREE FAR 1 LAND TRGST CONCEPTUAL R A TER i i ANACE VIE iT PLJ fIl f04SVIKJlII5 t S3 S3NlJ OOlIBJ1SrodOI1HIonjtMljll1II11Y2L1OSigi7 IijIfilII01iIr1lt fL lfIII i I i 1 I J rJniHc itpi 11JjItl i t Htr11Frl IiI 11 il fts cc li i Ii IifilIifLcLl I l tl J I i I I I I V F a I Ilmi l d I ii 1 1 f IJf n C c o 1I Iiir n o Z n trI ii e r m m @ 00 trIC O Z ii r Z TREE FARM MPUD D XT C CONSULTING avil Surveyin Mpping 5 y Exhibit A to HEX No. 2015-42 Page 36 of 38 IIIII I I 1 Tf 19 lib I e N o z x i 1 I I i I Ii i I I I I I i i TREE FARM LAND TRUST CONCEPTUAL WATER IA JACDilENT PLAN g0 N o fii l x t u r i r I l I TREE FARM MPUD 1 R1fI fL C T c l TJ n IEIjG5m Ro I I lJz T@ I o n tT1 tT1 c tJj l ng llccr Sulw rs lnlP r P Llne rrojcr lom Exhibit A to HEX No. 2015-42 Page 37 of 38 I I e I I I I I r z Ifn I I I I I I I u n 6 z n I n I I I I II Vct I lIJ I i Ii 1 I I I Ic I 0 I c r s V TRLE F R 1 L D TRUST Rn SECTIONS i l I Ii Ii Ii l s TREE FARM MPUD CDF 1 C t p i i jISI I Ic I T o i g 1z k c 0 is t i L I I I L RlVl L I I Exhibit A to HEX No. 2015-42 Page 38 of 38 Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com May 30, 2019 RE: Neighborhood Information Meeting (NIM); Petition PL20180002194, Tree Farm Mixed-Use Planned Unit Development (MPUD) Dear Property Owner: A Neighborhood Information Meeting hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich and Koester, P.A., representing TBC Tree Farm 1, LLC and TBC Tree Farm 2, LLC (Applicants) on Thursday, June 20, 2019, 5:30 pm at Saint Monica’s Episcopal Church, 7070 Immokalee Road, Naples, FL 34119. TBC Tree Farm 1, LLC and TBC Tree Farm 2, LLC have submitted a formal application to Collier County, seeking approval of a Planned Unit Development (PUD) Amendment. This application proposes to amend the MPUD to increase the permitted number of dwelling units from 281 multi-family or 138 single family to allow up to 460 dwelling units of varying types including single family, multi-family, two family attached and townhomes. The PUD also proposes a decrease in the permitted commercial/office square footage from 120,000 square feet to 80,000 square feet, and to add indoor self-storage as a permitted use up to a maximum of 105,000 square feet. The pre viously approved trip cap will remain at the previously approved 580 PM peak hour two-way external trip cap. The application also modifies the Conceptual PUD Master Plan to reflect a minor change recently approved through the PUD Minor Change process, which relocated the small on-site preserve. To date, 54 multi-family dwelling units have been constructed within the MPUD. The subject property (Tree Farm MPUD) is comprised of approximately 58.84± acres, located on the Northwest quadrant of Immokalee Road and Collier Boulevard in Section 22, Township 48 South, Range 26 East, Collier County, Florida. Project information is posted online at www.gradyminor.com/planning. If you have questions or comments, they can be directed by mail, phone, fax or e-mail to: sumpenhour@gradyminor.com, phone 239-947-1144, fax 239-947-0375, Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134. Project information is posted online at www.gradyminor.com/planning. Sincerely, Sharon Umpenhour Senior Planning Technician Project Location Map PL20180002194 500' 5/7/2019 Site: Tree Farm MPUD 1 NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 LEGAL1 LEGAL2 LEGAL3 LEGAL4 ADAMS, CURTIS C & DEBRA J 9710 NICKEL RIDGE CIR NAPLES, FL 34120---4660 QUARRY PHASE 2 BLK N LOT 20 AVRAMIS, BILL G & ANA M 5937 ASHFORD LANE NAPLES, FL 34110---0 ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES DILILLO PARCEL LOT 32 BARNETT, ROBERT M & KIM T 8718 WALTON POND CIR BLOOMINGTON, MN 55438---0 QUARRY PHASE 2 BLK N LOT 13 BARTOLOTTA, ANTHONY L 8789 CAVANO ST E NAPLES, FL 34119---0 ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES DILILLO PARCEL LOT 34 BLUE LAND HOLDINGS LLC 4175 BROKEN BACK RD NAPLES, FL 34119---0 22 48 26 W1/2 OF S1/2 OF W1/2 OF SE1/4 OF NE1/4, LESS S 30FT BLUE LAND HOLDINGS LLC 4175 BROKEN BACK ROAD NAPLES, FL 34119---0 22 48 26 E1/2 S1/2 W1/2 SE1/4 NE1/4 LESS S 30' BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY 3301 TAMIAMI TRL E NAPLES, FL 34112---4961 PEBBLEBROOKE LAKES THAT PORTION OF TRACT R-1 AS DESC IN OR 2279 PG 1915 &LYING N OF TRACT 8 OF BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY 3301 TAMIAMI TRL E NAPLES, FL 34112---4961 PEBBLEBROOKE LAKES THAT PORTION OF TRACT R-1 DESC IN OR 2397 PG 2190 CARNEY, MICHAEL A & ROSE MARIE 9806 NICKEL RIDGE CIR NAPLES, FL 34117---0 QUARRY PHASE 2 BLK N LOT 2 CASBARRO, JOSEPH & GEORGINA 9762 NICKEL RIDGE CIR NAPLES, FL 34120---4660 QUARRY PHASE 2 BLK N LOT 12 CC ADDISON PLACE LLC 2020 SALZEDO STREET 2ND FLOOR CORAL GABLES, FL 33134---0 ADDISON PLACE TRACT R CC ADDISON PLACE LLD 2020 SALZEDO STREET 2ND FLOOR CORAL GABLES, FL 33134---0 ADDISON PLACE TRACT A CHARLES GRANT CAREY REV TRUST JEAN LOUISE CAREY 8743 CAVANO ST E NAPLES, FL 34119---0 ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES DILILLO PARCEL LOT 44 COLLIER CNTY C/O REAL PROPERTY MANAGEMENT 3335 TAMIAMI TR E, STE 101 NAPLES, FL 34112---0 22 48 26 THOSE PORTIONS FOR R/W AS DESC IN OR 4413 PG 3834 COLLIER CNTY C/O REAL PROPERTY MANAGEMENT 3335 TAMIAMI TR E, STE 101 NAPLES, FL 34112---0 HERITAGE BAY COMMONS TRACT G COLLIER CNTY C/O REAL PROPERTY MANAGEMENT 3335 TAMIAMI TR E, STE 101 NAPLES, FL 34112---0 HERITAGE BAY COMMONS TRACT R-1 COLLIER CNTY C/O REAL PROPERTY MANAGEMENT 3335 TAMIAMI TR E, STE 101 NAPLES, FL 34112---0 HERITAGE BAY COMMONS TRACT R-3 COLLIER CNTY C/O REAL PROPERTY MANAGEMENT 3335 TAMIAMI TR E, STE 101 NAPLES, FL 34112---0 HERITAGE BAY COMMONS TRACT R-4 AND THOSE PORTIONS OF TRACT A,TRACT J, TRACT K FOR R/W AS DESC IN OR 4333 PG 4184 COLLIER COUNTY % OFFICE OF COUNTY ATTORNEY STE 800 NAPLES, FL 34112---0 22 48 26 A PARCEL OF LAND AS DESC IN OR 5087 PG 93 1.5 AC CVS 75479 FL L L C % CVS CAREMARK CORPORATION 1 CVS DR #8927-01 WOONSOCKET, RI 02895---6146 CAMERON COMMONS UNIT ONE TRACT 2 FLOW WAY COMMUNITY DEVELOPMENT DISTRICT % JP WARD & ASSOCIATES LLC 2900 NE 12TH TER STE 1 OAKLAND PARK, FL 33334---0 ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES DILILLO PARCEL TRACT O1A FURTICELLA, EDWARD J MARILYN FURTICELLA 8762 CAVANO ST E NAPLES, FL 34110---0 ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES DILILLO PARCEL LOT 31 HADDAD, PAUL L 9774 NICKEL RIDGE CIR NAPLES, FL 34120---0 QUARRY PHASE 2 BLK N LOT 9 HALE LIVING TRUST P O BOX 1674 MORRISTOWN, TN 37816---0 ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES DILILLO PARCEL LOT 29 HANLEY, TIMOTHY P & MONICA A 9796 NICKEL RIDGE CIRCLE NAPLES, FL 34120---0 QUARRY PHASE 2 BLK N LOT 4 HANNON, CATHERINE & KEVIN 8767 CAVANO ST E NAPLES, FL 34119---0 ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES DILILLO PARCEL LOT 38 HARTHMAN, AUSTIN E 5800 ARLINGTON AVE 9-A BRONX, NY 10471---0 ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES DILILLO PARCEL LOT 25 HATCHER, DAWN L P O BOX 111646 NAPLES, FL 34110---0 22 48 26 N 1/2 OF N 1/2 OF W 1/2 OF SE 1/4 OF NE 1/4 5 AC OR 1526 PG 243 HATCHER, MAXINE I 4190 BROKEN BACK RD NAPLES, FL 34119---9705 22 48 26 S1/2 OF N1/2 OF W1/2 OF SE1/4 OF NE 1/4 HECKLER, MARK A & VERONICA 1058 LINWOOD AVE VALPARAISO, IN 46383---0 QUARRY PHASE 2 BLK N LOT 11 ITZKOWITZ, MITCHELL 4 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YEOMANS 14004 ROOSEVELT BLVD #601C CLEARWATER, FL 33762---0 22 48 26 E1/2 OF SE1/4 OF SE1/4, LESS CANAL R/W S 100FT,LESS THOSE PORTIONS AS DESC IN OR 4413 PGS 3836-3838 TBC TREE FARM 2 LLC % BROOKLINE COMPANIES LLC ATTN: JAMES T MURPHY 14004 ROOSEVELT BLVD STE 601C CLEARWATER, FL 33762---0 22 48 26 E1/2 OF NE1/4 OF SE1/4, LESS THAT PORTION FOR R/W AS DESC IN OR 4413 PG 3838 TBC TREE FARM 2 LLC % THE BROOKLINE COMPANIES LLC ATTN: JAMES T MURPHY 14004 ROOSEVELT BLVD STE 601C CLEARWATER, FL 33762---0 22 48 26 E1/2 OF SE1/4 OF NE1/4, LESS THAT PORTION FOR R/W AS DESC IN OR 4413 PG 3838 POList_500_PL20180002194.xls PL20180002194 500' 5/7/2019 Site: Tree Farm MPUD 2 THOMAS, BERNADETTE SAM SIVARTSEN 8697 DILILLO CT NAPLES, FL 34119---0 ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES DILILLO PARCEL LOT 12 THOMAS, CHRISTIAN & SOPHIA 8785 CAVANO ST E NAPLES, FL 34119---0 ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES DILILLO PARCEL LOT 35 TINWOOD-PEBBLEBROOKE LLC C/O PROPERTY TAX DEPT PO BOX 790830 SAN ANTONIO, TX 78279---830 PEBBLEBROOKE PLAZA LOT 3 TREE PLATEAU CO INC 5637 STRAND BLVD #201 NAPLES, FL 34110---0 26 48 26 NW1/4 OF NW1/4 LESS R/W & ADDITIONAL R/W DESC IN OR 2568 PG 1176 AND OR 3328 PG 1487 WALGREEN CO REAL ESTATE PROPERTY TAX PO BOX 1159 DEERFIELD, IL 60015---6002 PEBBLEBROOKE PLAZA LOT 1 WEISGAL, JAMES & NELLY 8763 CAVANO ST E NAPLES, FL 34119---0 ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES DILILLO PARCEL LOT 39 WHITLOCK FAMILY REV TRUST 8746 CAVANO ST E NAPLES, FL 34119---9837 ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES DILILLO PARCEL LOT 27 POList_500_PL20180002194.xls Transcript PL20180002194 Tree Farm MPUD 06-20-2019 NIM Page 1 of 19 D. Wayne Arnold: Is that gonna be audible for everybody? Does that work? Okay. Well, we’ll go ahead and get the meeting started. Sharon, are you ready to go on? Okay. D. Wayne Arnold, GradyMinor Engineering, and we’re here for the Tree Farm, a mixed-use planned development, um, zoning amendment that we’re doing. Sharon Umpenhour from our office has the recorder and we’re required by the county to record and make an audio transcript of the meeting tonight. Norm Trebilcock, sitting here in the second row, is our Transportation Engineer on the project and Rich Yovanovich, sitting right behind him, is our Land Use Attorney. Uh, our engineer for the project, Dan Waters with Peninsula Engineering, should be here shortly. He’s checking on a job site, but he’ll be here. And I’ll introduce Gil Martinez. Gil is the Principal Planner for Collier County. He’s sitting in the back row. And Gil is the so-called project manager from the county’s perspective on this project so he’s here to listen and take notes and, uh, report back to the other, uh, departments with any, uh, questions or comments that are made relative to, uh, those departments. So, we’re here tonight to revise the existing project that’s, uh, been approved for many years. Uh, if you all live in the area, which I’m sure you do, you’ve seen there’s 54 units that are under construction and almost complete that are in the Tree Farm PUD. And it’s the project that’s located, uh, at the northwest corner of Immokalee Road and Collier Boulevard. I’m gonna skip forward to show you an aerial just so we’re all clear on where we are. And you can see in this exhibit, the – uh, the units that have been constructed are sort of – uh, you can see them on the lower third of the plan on the western boundary. So, this project has been approved. They’ve participated with Collier County on some of the long-term improvements that they’re making for the intersection of Immokalee Road and Collier Boulevard. The canal has fairly recently been relocated. The bridge is under construction. There will be an interconnection with this project and Addie’s Corner, which is immediately to the west where the Addison Place Apartments have been constructed. I’m gonna go back and just tell you – so, the project has been approved for commercial and residential. And what we’re proposing to do is increase the number of residential units to – from 281 multi- family, or 138 single family, to allow up to 460 dwelling units of Transcript PL20180002194 Tree Farm MPUD 06-20-2019 NIM Page 2 of 19 varying types. We’re at the same time proposing to reduce the commercial office square footage from 120,000 square feet to 80,000 square feet and then we’re adding back in a provision to add up to 105,000 square feet of indoor self-storage. All of that being said, there’s a trip cap that was established for this project when they participated in the improvements for Immokalee Road and Collier Boulevard, and that trip cap will remain the same even though we are modifying the intensity of the residential and commercial. Uh, we’re also cleaning up the Master Plan. There have been a few minor changes to this project since its original conception and this has gone through the hearing examiner process. So, we’re incorporating those revisions into this document. We’re cleaning up the Master Plan to reflect some of those minor changes as well. So, one of the significant features of this project is that the circle and box that are showing in red on this exhibit represent an activity center boundary and a density band. And you can see the project in yellow, we’re entirely within the density band, partially within the activity center boundary, which is why we qualify for 580 dwelling units in total. We’re seeking 460, so we’re seeking less units than the county could allow us to request. And I would point out that the county has said these are the areas where we do want higher densities and intensities of development. This is a little bit, um, closer-in image of just the project. And the point of – I know this isn’t showing on the LED screen, but, like, apartments – maybe Dan Waters, who has just walked in. Dan is in the back of the room. He’s our engineer [inaudible] [00:04:15]. He might not be able to point out where those 54 units are under construction. But it’s part of the Addison Place Apartments that’s actually being built in the Tree Farm mixed-used planned development. This is the approved zoning Master Plan that’s part of the record for the county. It’s, uh, got a break line in it because it’s such a long, steep piece of property. But the – the main features of the project remain the same. And this is what we are proposing as a new one. We put it in an aerial just for context. So, the lower portion of the site that’s in the activity center will be either commercial or mixed- use. So, we know that allows the residential that’s under construction. It also allows a variety of commercial uses and the proposed indoor self-storage. Transcript PL20180002194 Tree Farm MPUD 06-20-2019 NIM Page 3 of 19 And then, to the north, in the area attached that’s labeled “R” on this plan, it allows for residential uses that are allowed and also proposed for the project. We have not modified any of the proposed heights for the residential units. We’re simply changing the number of units that are allowed for the project. This is another aerial photograph showing you some more detail, in the context of an aerial photograph, of how we relate to our neighbors and the intersection down at Collier and Immokalee Road. And, again, I put this up just as kind of an ending slide for us because we’re gonna turn it over to you all to ask any additional questions that you may have and our team will be happy to try to answer any of those questions you do have. So, I’m gonna leave this up as our concluding slide and, uh, try to take any questions that you may have. And if I could just, before we get started with that, one at a time, please. And we’ll try to make sure that we – uh, and if you can just indicate, uh, your name if you’re okay or just that you’re a nearby resident or something. It’s really just for the – when the Planning Commissioners listen to the tape or hear the transcription, they want to make sure that it’s not – we want to make sure that who said – that an audience member is asking the question or the developer. So, just one at a time so we can make sure that we capture what you’re saying. Yes, sir? Ed Staley: My name is Ed Staley. I live at Esplanade. If I understand what you’re saying, all of the commercial will be adjacent to Addie’s Corner and residential will be adjacent to, um, the Delillo Property, uh, Blue Landscaping, the Hatcher parcel as you head up. So, that will all be residential? D. Wayne Arnold: That’s correct. Everything outside of the commercial activity center boundary will be dedicated residential only. Of course, our mixed- use tract that’s in the activity center allows both residential and commercial. So, all of our commercial will have to be, uh, in that area adjacent to Addison’s Place. Ed Staley: You mentioned you’re not asking for a modification with respect to the height. Um, could you, relative to the height of the existing apartment buildings at Addison Place, could you just – instead of just using feet because that’s difficult to understand sometimes – but how do the height restrictions that you are not changing, how are they relative to the existing, uh, height of the Addison Place Apartments? D. Wayne Arnold: Well, we don’t have an end user in mind so I don’t – can’t tell you specifically. One of the changes that the staff has, uh, requested that Transcript PL20180002194 Tree Farm MPUD 06-20-2019 NIM Page 4 of 19 we make early in this process, right now the PUD document that’s in place specifies numbers of stories and height. We’re eliminating the number of stories because the county likes to deal in a zone from actual height, which are also expressed, but not numbers of stories. So, that is one of the more specific changes we’re making in the document itself. It looks like Rich is looking for the height. If I can just take one pause, Rich [inaudible] [00:07:56] in my document. I’ll just hand it to you. So, I’m gonna – if we can just take one second. Maybe I can take another – or another question, and I’ll come back to you about height. Ed Staley: Okay. D. Wayne Arnold: Yes, sir? Steve Santoro: My name is Steve Santoro. I live in the Quarry. We’re relatively new in the area, but a few questions that I’ve got. You talk about the self- serve storage. Can you describe – is it as I’m picturing when we see self-serve storage? We have, like, maybe 50 units to it. Is that what you mean? D. Wayne Arnold: Well, the indoor self-storage that we typically, uh, talk about, and I think that the county anticipates, is going to be indoor air- conditioned self-storage. Uh, we’ve worked on several of the lock- up and cube smart facilities in the area so it would be one where you have indoor – it may have some outdoor garage doors, but primarily it’s going to be indoor air-conditioned storage. It’s not an outdoor storage lot or anything of that nature. Steve Santoro: Okay. Can you just share with us the access and egress points? I assume you have nothing on Immokalee. Everything is coming off of Collier? D. Wayne Arnold: You are correct. Our only access to Immokalee Road directly would be through the Addie’s Corner parcel and across the new bridge that’s been constructed west of Collier Boulevard. And it shows up – I wish the pointer would show up here. But our access point is actually where it says Addie’s Corner on this exhibit. And the internal access road that’s shown, there’s a new bridge there that accesses – Richard Yovanovich: Do you have a pointer? Steve Santoro: Oh, there you go. Transcript PL20180002194 Tree Farm MPUD 06-20-2019 NIM Page 5 of 19 D. Wayne Arnold: This one looks even better. Oh, it’s not. Okay. Sure. I think I can reach it. So, here we are. There’s an internal frontage road that will come across Addie’s Corner project and then go south and there’s a bridge that’s depicted on this aerial, where that would be our access – our most direct access for the commercial to Immokalee Road. The other access points are shown on the Master Plan as being – I don’t know. Norm, do you know if it’s three or four total off of Collier Boulevard Extension? Norman Trebilcock: Um, there’s – there’s four there. D. Wayne Arnold: Four total on Collier Boulevard Extension. Steve Santoro: On the Collier Boulevard, would one of the access points be directly across from where the Quarry has its side entrance? Norman Trebilcock: Yeah. Yes. D. Wayne Arnold: Norm, do you want to answer that? Norman Trebilcock: Okay. Sure. The way it appears, it’s there like that. D. Wayne Arnold: So, it’s near the northern two thirds? That would be one of our primary access points to the residential tracts. Norman Trebilcock: And there’s one just further north there [inaudible] [00:10:34] Joe Kisbaum: Is that where the light is? The traffic light? D. Wayne Arnold: Is there going to be a traffic signal there, Norm? Norman Trebilcock: No. That’s not – I don’t believe there’s any planned – planned at this location here or anything. Steve Santoro: I’m sorry. You said there were no lights planned at all? Norman Trebilcock: We weren’t – we weren’t planning on a light here. There’s some typical language that the county will have, uh, if and when a signal is warranted. That kind of thing and do a fair share quorum. But – but we haven’t planned anything there. There may be something for the Quarry. I don’t know, but, uh, not – not on our part. D. Wayne Arnold: Thanks, Norm. Okay. Rich Yovanovich: Your height is 50 feet zoned and 62 feet actual. Transcript PL20180002194 Tree Farm MPUD 06-20-2019 NIM Page 6 of 19 D. Wayne Arnold: Is that for residential? Rich: That’s for multi-family. D. Wayne Arnold: For multi-family, the zoned height is 50 feet and the actual, Rich, was? Rich: Sixty-two. D. Wayne Arnold: Sixty-two feet. Joe Kisbaum: That’s five, six stories. Right? D. Wayne Arnold: It probably – in the 50 feet, you probably get closer to four would be my guess. Dan Waters also worked on Addison Place and we have heights that are similar. Not exactly those, but – Dan Waters: Yeah. Those are – so, I’m going by memory. But those are four- story buildings and I believe they have a 52-foot actual height, which is basically from the ground to the tippy-top of it. And then a, uh, zone height, which measures, you know, on the pitched roof, halfway up. Um, I think it’s about 47- or 48-feet zone height. D. Wayne Arnold: Yeah. So, we’re not substantially greater than those numbers in what we’re proposing. Yes, sir? Male Resident 1: How many additional trips are you estimating on Collier as a result of your project once it’s fully built out? D. Wayne Arnold: The question was how many trips we’re estimating on Collier Boulevard? Male Resident 1: Additional trips. D. Wayne Arnold: Norm, can you, uh, answer that? Norman Trebilcock: The project has an existing trip – what they call a trip count. And so it’s 580 p.m. peak hour, two-way trips is the trip count. So, we’ll hold to that. That’s what [inaudible] [00:12:33] D. Wayne Arnold: Did you have another question? Male Resident 1: No. Thank you. [Crosstalk] D. Wayne Arnold: Okay. Anybody else? Yes? Transcript PL20180002194 Tree Farm MPUD 06-20-2019 NIM Page 7 of 19 Joe Kisbaum: Yeah. I’m Joe Kisbaum. I live at the Quarry and my home is closest to, uh, Nickel Ridge, which is the, uh, the first set of homes that are closest to Collier. I have several questions, having lived through the Esplanade. How much blasting will you do? Because there was a considerable amount of blasting for Esplanade and they had to video tape homes and so forth because of concerns about it. Do you have, uh, any idea whether that’s going to occur? Dan Waters: There won’t be any blasting. The – the county’s got regulations that basically say if you’re gonna do blasting, you have to be a certain distance from a right-of-way line or a structure. Joe Kisbaum: Okay. Dan Waters: In this case, this is such a – a – Joe Kisbaum: Narrow. Dan Waters: – narrow site – yeah – that we wouldn’t meet any of that criteria and wouldn’t be able to blast. Joe Kisbaum: Because there was a lot of blasting with Esplanade. Dan Waters: Oh, I’m sure. Yeah. There was a lot of rock. Joe Kisbaum: And it affected – yeah. Yeah. Second question. What about a buffer? People like us are now – there’s a bit of a buffer, but as you can see from the map, Quarry Drive is very close to – and you know where Quarry Drive is, right? That’s the interior road in – in Quarry. Uh, it’s very close to the Collier Extension or whatever. We used to call it Broken Neck Road. Uh, what kind of setback will there be from that road, in terms of your closest homes or buildings or structures to that Collier Extension? Are you gonna be butted right up against it or will there be a buffer? Will there be a berm? Will there be any separation? Wayne Arnold: The County will definitely require us – and we would want a landscape buffer, obviously, to Collier Boulevard as well. And then, of course, the right-of-way would continue to separate us as would the new frontage road. So, I think we’ve got a decent separation. Our buffer requirement against the road is, I think, a Type D buffer, which requires trees. And, uh – but my guess is that the developer or whoever the end user is will want to certainly supplement that to provide a decent buffer from Collier Boulevard Extension. But it varies, too, whether it’s a multi-family end user or a single-family Transcript PL20180002194 Tree Farm MPUD 06-20-2019 NIM Page 8 of 19 end user. Joe Kisbaum: Well, what we noticed at the Quarry is the buffer wasn’t really – and the berm was inadequate even after they did the building at Esplanade. And they’ve had to add more trees and it’s been more costly to our development, um, just because they didn’t anticipate the height of the buildings or some of the other things that might be coming in. D. Wayne Arnold: Okay. Any other questions there from you, sir? Joe Kisbaum: I’m – I’m sure I’ll think of others. I’ll let other people talk. D. Wayne Arnold: All right. Anybody else? Yes, sir. Dennis Lundgren: Yeah. I’m Dennis Lundgren and I also live in the Quarry, uh, just off Quarry Drive down at Cobalt Cove. And my question is is there any thoughts of further developing the Collier Extension to be two lanes each way, uh, as part of this development or keeping that space, uh, available for the two lanes each way when Collier does get expanded? D. Wayne Arnold: I think that’s the answer. And, Norm, I’ll let you confirm that, if you don’t mind. Norman Trebilcock: Sure. Yes. Um, so, Collier Boulevard, that section you see, that is master planned for four lanes. So, the two lanes that you see there will ultimately be the two northbound lanes. And so then, on the other side, would be the other two. So, there’s adequate right of way for that. Dennis Lundgren: So, it’s just the two lanes currently – Norman Trebilcock: Correct. Dennis Lundgren: And that will stay that way through this development? Norman Trebilcock: Correct. We wouldn’t trigger any – Dennis Lundgren: And the space is there and it’s set aside for Collier to go to two lanes each way? Norman Trebilcock: Right. Dennis Lundgren: Or more. I’m not sure what their big plan is, if they’re gonna go to two or three lanes each way. Transcript PL20180002194 Tree Farm MPUD 06-20-2019 NIM Page 9 of 19 Norman Trebilcock: The – the old Master Plan for that road had been, um, just as a four- lane section so it had been planned. And that’s why, like what Wayne said, that’s why you’ll see that the things will be offset a bit because you’ll have a wider right of way there to accommodate. Dennis Lundgren: So, it will still dead-end at the Esplanade back entrance? Norman Trebilcock: Um, correct. We’re not involved in any extension of that road. I mean, long-term, you’ll see the long-range planned [inaudible] [00:16:52] extension, you know, up to Lee County but we’re not involved with that. Dennis Lundgren: As -- as part of your buffer, are you considering any sound abatement buffers with regard to either side of Collier Extension? D. Wayne Arnold: At this point, no. I don’t think we know enough about who our end users are going to be for the residential component. That’s probably going to be their own individual choice if they decide to put up a wall or just decide to buffer themselves with landscaping, but we don’t have a specific plan for that. Dennis Lundgren: Who decides if there’s a need for that? D. Wayne Arnold: Well, ultimately, it’s gonna be the developer who is going to make that decision. I mean, after the fact, the county road expansion projects, you can -- you can, uh, approach them about putting, you know, in a sound wall that would be taller than the normal decorative walls that you see along your community or any others. But, at this point, I just don’t know. Dennis Lundgren: There’s nothing now but the intent is you probably would not do anything on the east side of the Collier Extension? D. Wayne Arnold: No. There are no plans to be on the east side of the extension. Yeah. Well, the project doesn’t go on the east side of the extension. Norman Trebilcock: It’s on the right side, right? D. Wayne Arnold: I’m sorry. Right. The west side. Dennis Lundgren: So, you’re doing everything of yours on the west side – D. Wayne Arnold: That’s correct. Dennis Lundgren: – and it hasn’t been totally determined whether it’s a visual and Transcript PL20180002194 Tree Farm MPUD 06-20-2019 NIM Page 10 of 19 sound buffer? D. Wayne Arnold: That’s correct. It has not been determined. Dennis Lundgren: When is that determined and will we know about it? D. Wayne Arnold: Well, the determination is going to be decided by the developer. We haven’t asked for any deviations for exceeding the kind of walls or anything that would be typical of sound walls. Norman Trebilcock: Yeah, there’s a normal code. [Crosstalk] Ed Staley: Ed Staley again. D. Wayne Arnold: Yes, sir? Ed Staley: Following up on the general question with respect to buffers, um, I believe you were involved and may recall that the, uh, uh, when Addie’s Corner was developed, um, there was some contentious whatever – back and forth – between the Esplanade folks and the Addie’s Corner folks. Uh, it got resolved. Um, both sides, I think, gave a little. Um, there was extra buffering, there were extra trees planted, an agreement was reached. Since you will be abutting, um, again, um, a substantial portion of, uh, Esplanade – with the exception of the blue landscaping parcel, it will be all, uh, Esplanade – do you intend – do you intend that perhaps it would be beneficial to avoid what was a contentious issue in the past, uh, and perhaps, uh, reach out to the folks at Esplanade, uh, and maybe work with them, uh, on the question of buffering and planting some things like that. Uh, you know, perhaps to, um, stave off or avoid, um, uh, some of the problems that existed with respect to Addie’s Corner? Do you think that would be a, uh, a sensible business judgment? D. Wayne Arnold: Well, I think we’re always happy to talk to our neighbors. And I can’t make a commitment for the propert y owner tonight because he’s not here, but I can certainly talk to the property owner and suggest that we talk and reach out to the Esplanade representatives. Ed Staley: I suggest it only because, in this situation, in contrast to perhaps others, we do have a bit of a history. And, um, that could be, you know, looked at, uh, maybe from both sides, learned from, uh, and, uh, a good outcome achieved, uh, by some, uh, intelligent Transcript PL20180002194 Tree Farm MPUD 06-20-2019 NIM Page 11 of 19 forethought. My only point. D. Wayne Arnold: Yeah. Good suggestion. Thank you. Anybody else? Yes? Male Speaker: I have another question. Will there be any additional lighting provided on the Collier Extension as part of this project? Right now, there is no street lighting at all on that street. And besides what you might be doing internally, will anything be happening along the street to get better – better lighting on the street itself? D. Wayne Arnold: Do you all not have lighting under any entrance on Collier Boulevard? Because it seems – the county typically requires us to have landscape lighting – Male Speaker: There is. Norm Trebilcock: I think he’s talking about the roadway itself. There wouldn’t be any requirement for that. D. Wayne Arnold: It’s at, uh, entrances, the county requires us to have a certain, you know, certain lighting or at the intersection, but not necessarily along the entire segment. Male Speaker: So, who’s responsible for doing that? The county? D. Wayne Arnold: Yes. Norm Trebilcock: Yeah. Male Speaker: They are? Do you know if they are going to do that as part of this project? Rich Yovanovich: Part of our project? D. Wayne Arnold: It wouldn’t be typical. Rich Yovanovich: Not as part of our project. Male Speaker: In conjunction with it. Rich Yovanovich: I don’t think they have any plans to do that as part of our project. Male Speaker: So, the Collier Extension will remain dark? And it will just have whatever lights filter through from either side to light the roadway? D. Wayne Arnold: I think at this point in time, yes. Only the entrances are planning to Transcript PL20180002194 Tree Farm MPUD 06-20-2019 NIM Page 12 of 19 be lighted. And the county – I don’t know what their plans are. My sense would be that when they go to the four-lane program at some point in the future, that you might see a different lighting configuration. Male Speaker: So, at this point, they just don’t care because it’s only two lanes? D. Wayne Arnold: I don’t know. I wouldn’t say that they don’t care, but I don’t think it’s probably one of their requirements. And I can’t speak for the county’s transportation department. Male Speaker: I think it’s – I think it’s more of a safety issue because if you were on that street and you had a road problem and you had to get out, you know, you’re in the dark. D. Wayne Arnold: Sure. Understood. D. Wayne Arnold: I don’t think we’re in control of that. Male Speaker: Okay. D. Wayne Arnold: It’s the county’s right [inaudible] [00:22:15]. Yes, sir? Joe Kisbaum: It’s Joe Kisbaum again from the Quarry. We were told by the county that the extension is gonna hook into Logan and not go all the way up, uh, as it was originally designed, uh, to go up to – uh, what’s the next crossroad? D. Wayne Arnold: Bonita Beach Road. Joe Kisbaum: Bonita Beach Road. Is that accurate? D. Wayne Arnold: Logan – yeah. The way that – Joe Kisbaum: It’s gonna bend over to Logan. D. Wayne Arnold: Correct. So, it does get there, but through Logan because Logan then ties – Joe Kisbaum: Right. But they also said they – at least through 2040, they said it remains as a two-lane road and not a four-lane road. Do you have any information on that? Because we had a big meeting about that issue and – Norm Trebilcock: I mean, the transportation planning staff is best because they kind of keep track better of, um, lane calls and triggers and stuff. And Transcript PL20180002194 Tree Farm MPUD 06-20-2019 NIM Page 13 of 19 because you have that two-lane Logan and then you’d have potentially a two-lane Collier Boulevard, it may be pushed out further because essentially you have four lanes of road that will go – Joe Kisbaum: Because they’re focusing on Logan as the egress up to – for – for, uh, Logan up to Bonita Beach Road. Norm Trebilcock: Yeah. So, the section of Logan, um, close to where this would tie in, actually is a four-lane section of Logan. Joe Kisbaum: Up there? Norm Trebilcock: Yeah. It widens out there. So, that’s the whole idea where you have these two two-lane roads then coming into a four-lane section right at that intersection there. And then that will tie into Bonita Beach Road. I believe that’s – Joe Kisbaum: And then one other question. What about the overpass that they plan to build at the corner of Immokalee and Collier? Are you aware that they are wanting to do an overpass? Norm Trebilcock: Yeah. This – this project actually provided some of the footprint land for that overpass that Wayne shows in our map. Joe Kisbaum: Do you know exactly where it will be? Because it’s been a big contention about us not getting a light at the entrance of the Quarry and them using that access road – I don’t know if the Quarry people know about the big meeting that they had about going through some of our property to access the commercial property there. You know what I’m referring to? Ed Staley: Yeah. It might stall traffic. Joe Kisbaum: And they wanted a light there and they said, “We can’t put a light because of this planned overpass.” And I just wondered do you know where it’s going to start and where it’s going to end? D. Wayne Arnold: Yes, we do. Generally speaking, we do know. It’s going to start, um, probably a little – Norm, I don’t know if you want to point where. Norman Trebilcock: Yeah. You can kind of see the canal – you see this canal configuration? Joe Kisbaum: Yeah. Transcript PL20180002194 Tree Farm MPUD 06-20-2019 NIM Page 14 of 19 Norman Trebilcock: That’s where the [inaudible] [00:24:37] and that really defines the footprint. That defines the footprint of the overpass. So, it comes back and ties in back here. So, it’s – you know, at that point is where it ties back in. About a half mile. It’ll be very similar to the one at, uh, Airport Road and Golden Gate Parkway, where it goes about a half mile, um, in either direction. Joe Kisbaum: So, Immokalee would go over Collier? Norman Trebilcock: Correct. D. Wayne Arnold: Yes. Norman Trebilcock: Yeah. And then you see it over here. That’s why the canal got pushed over and that’s why the bridge is so far back from Collier Boulevard because eventually this will be part of the overpass. Joe Kisbaum: Okay. And that will reduce the congestion at that corner, obviously. Norman Trebilcock: Correct. It’ll – it’ll make it flow really well just like the one at Airport and Golden Gate Parkway does. Joe Kisbaum: Correct. Norman Trebilcock: The difference is, you know, that there’s, you know, two six-lane roads crossing each other. Joe Kisbaum: Well, you know, everybody knows that Immokalee is called a failed road. It’s been designated as being totally, uh, bombarded by cars. And with all this additional building, I think this is gonna be done before anything else gets done. Norman Trebilcock: Yeah. The flyover will really help relieve all that flow. You know, the folks that just want to go east-west. Female Resident 1: Yeah. But that’s not happening until what? 2040 or something? Norman Trebilcock: It’s – Joe Kisbaum: Is it that far out? Female Resident 1: Yeah. It’s that far out. Joe Kisbaum: I thought they were gonna do it sooner. Female Resident 1: So, I guess my question is what do we do from – I’m a resident of Transcript PL20180002194 Tree Farm MPUD 06-20-2019 NIM Page 15 of 19 Twin Eagles. I have 750 homes going in across the street from me. We’re gonna have 400 homes across from the public on the southeast side. Now you have another 400 going in. I mean, what are we supposed to do? We have no way to go north. We can’t get on 75 in season. If we ever had to evacuate, we’re screwed basically. And there’s nothing that’s coming. D. Wayne Arnold: Yeah. You’re getting the traffic signals in the fairly near future. Female Resident 1: But a traffic signal is not gonna allow us to go north if we need to go north. D. Wayne Arnold: No. And then there will be a Vanderbilt Beach Road extension, too, that’s going to be a reliever for the Immokalee Road traffic. Norman Trebilcock: Right. D. Wayne Arnold: So, there are a couple of things that are in the near term works that may help you. Female Resident 1: But none of this gets to – the problem for us it is it gets clogged at 75 and Immokalee. You...I mean, we go south down Vanderbilt and then come up 41 to go north because you can’t get through 75 and Immokalee Road. And now we have another 400 here and 800 – 1,500, plus what’s going on down east of us. D. Wayne Arnold: Right. Well, I think the important part of this project, and as I mentioned, we’re limited to a certain number of trips associated with this property because of, uh, the developer agreement that was established back when this project first came through. So, we’re living with the trip cap that was established under that agreement. Even though we’re changing the mix of commercial and residential today, we’re still going to have the same trip cap associated with this piece of property. So, um, the impact is really meant to be, uh, a wash at this point. Female Resident 1: So, what kind of commercial do you envision? D. Wayne Arnold: Well, we’ve got a long list of commercial. The county– since this is an activity center, I would venture to say most of our uses are very comparable to a general commercial C4 zoning, which probably doesn’t mean anything to you, but it’ll allows the full gamut of most of the retail you see. Probably one anomaly that’s not a true C4 use is the indoor self-storage. But a lot of planned developments that we’ve worked on, we incorporate those because they’re such a necessary part of what we do because we just don’t build enough storage into our homes. Transcript PL20180002194 Tree Farm MPUD 06-20-2019 NIM Page 16 of 19 But, um, you’re gonna see things that allows eating places and it allows – I think it allows a gas convenience facility, it allows a retail grocery store, it allows a little bit of everything. But, again, that commercial, it’s – it – it is – uh, there were provisions made in these two projects so that they could share buffering and developing with the Addie’s Corner project to the west so we could develop more of a seamless commercial opportunity there, so it didn’t seem like we had as fragmented of a development pattern. So, there were some reductions – Joe Kisbaum: So, it looks like it only goes back to where that pump station is? I’m trying to understand how deep the commercial part will be. What would it line up with? That pump station that they built? Norm Trebilcock: I don’t know where the pump station is. So, you can kind of see it. It lines up – Joe Kisbaum: Right there. Right? D. Wayne Arnold: Yeah. Joe Kisbaum: And what’s across there? The pump station? It’s past the emergency room. Norm Trebilcock: I don’t know what pump station you’re talking about. But it’s kind of where – you see where your road winds around here? Right at that initial curve? Joe Kisbaum: Okay. Norm Trebilcock: That might be a good point of reference for you. Right at that – I’d call it a tangent of a curve [inaudible] [00:29:01]. Joe Kisbaum: Yeah. There’s a wall there. If you don’t know that area, there’s a wall around – I think it’s a pump station they said they built. Norm Trebilcock: Oh, okay. Dan Waters: I don’t think it’s – D. Wayne Arnold: I’m not familiar with the pump station. Dan Waters: I don’t think – it’s probably a little bit north of that pump station. But I think you’re close. Transcript PL20180002194 Tree Farm MPUD 06-20-2019 NIM Page 17 of 19 Joe Kisbaum: A little north? Dan Waters: I’m going off – Joe Kisbaum: Close? Dan Waters: Yeah. I’m going off – yeah. Yes. Here. Joe Kisbaum: And then everything is residential behind there? D. Wayne Arnold: That’s correct. D. Wayne Arnold: Everything north of that. Joe Kisbaum: And do you go all the way back to Esplanade? They have a – what do you guys have back – oh, that gentleman left. Uh, there’s some sort of a storage building or golf course maintenance building way in the back. [Crosstalk] Dan Waters: On the north end? Joe Kisbaum: Yeah. On the north end. D. Wayne Arnold: I kind of know of what the building is in Esplanade. Joe Kisbaum: So, you go right up to that? Or? D. Wayne Arnold: That’s correct. That’s our northern limit. Mm-hmm. Joe Kisbaum: Okay. Okay. D. Wayne Arnold: Didn’t mean to lose the crowd. Joe Kisbaum: People are leaving. D. Wayne Arnold: Anything else? Anybody not have a chance to ask a question? Joe Kisbaum: Will you meet again? How about the final question: are you gonna have another meeting once this more fully develops so we get a better sense of the final plan? D. Wayne Arnold: This is our required neighborhood information meeting and just – I usually wrap up with this so it’s probably a good segue. We’re going to be going forward to the Collier County Planning Commission. Transcript PL20180002194 Tree Farm MPUD 06-20-2019 NIM Page 18 of 19 We don’t have a firm date established for that public hearing yet, but you’ll get notice if you got notice of this meeting. You should get notice from the county for the planning commission hearing. They’ll then make a recommendation to the Board of County Commissioners and we’re probably on track to, sometime in the fall, to get to the Board of County Commissioners. We’re back in and undergoing some review. We haven’t had too many significant comments from the county on our initial submittal, so we would expect to get to the planning commission – what are we? In June? Possibly August, I guess. Joe Kisbaum: And if everything moves, when would you break ground on the second – D. Wayne Arnold: Uh, I don’t know. I think it really just depends on, you know, the overall economy and when and who the end users for residential would be. The commercial, obviously, it already has 54 dwelling units in the commercial mixed use tract that have been constructed by the Baron Collier family. So, I don’t know what else is going to happen. I don’t think there’s anything imminently planned. Ed Staley: What’s your best case? D. Wayne Arnold: Well, probably, best case is going to be if we get through this process to obtain the additional residential units, then that could happen as early as late fall of this year, theoretically. But I don’t think there are any plans or plats in place for that. So, you know, that process takes six months typically. So, realistically, it’s early 2020 to see groundbreaking here for the, uh, other residential tracts in the project. Commercial could happen a little bit sooner because we can without platting to a site plan review for the county and that’s a little bit shorter process. Joe Kisbaum: And would you work from the front back? Or from the back front? Is there any thought as to how – because every development has a strategy? They want to complete this area before we go to the next. D. Wayne Arnold: Well, I think the way the set it up – it clearly sets up as two separate development opportunities. So, we could have easily at least two separate developers come in here. And, you know, whichever one comes to the table first and decides which tract they want, we haven’t programmed that at this point in time. Yes, sir? Ed Staley: Is, uh, anything in place that once you start development? Say Phase 1 is the commercial and 2 is the residential. Uh, and once you Transcript PL20180002194 Tree Farm MPUD 06-20-2019 NIM Page 19 of 19 started, and you will complete it and not leave it abandoned or incomplete for long periods of time because of whatever reasons, whether it’s funding or anything else? D. Wayne Arnold: Yeah. The county does make us bond certain infrastructure things, so if they – the developer can’t complete things, they have the money to capture the bond and then make those improvements. And then there are time limits on our site plan approvals and things that require us to do certain things. Dan would probably have a better answer for you, but the county doesn’t encourage us to just languish with a development and let it sit stagnant. Ed Staley: Yeah. I ask that only because the first thing you’re gonna do is remove all the trees and foliage that are along there. And once that’s done, if you don’t do anything to follow up, you’ve got a pretty barren area. And, uh, I don’t think either the Quarry or Esplanade would like to have that there. Joe Kisbaum: Well, all the animals will come over like when they cleared Esplanade – Esplanade. We got the bears and the – you know, you’re displacing a lot of the nature. D. Wayne Arnold: Of course. Yeah. Yeah. And we’ll be required to, obviously, put in our buffers [inaudible] [00:33:21] development. Anything else? We appreciate everybody coming out and, uh, grab one of Sharon’s cards if you’d like. The PowerPoint presentation is on our web site; gradyminor.com/plans is how you get there. And, uh, feel free to stay in touch. Thank you. [End of Audio] Duration: 34 minutes Petition PL20180002194 Tree Farm MPUD Amendment June 20, 2019 Neighborhood Information Meeting •TBC Tree Farm 1, LLC and TBC Tree Farm 2, LLC –Applicant •D. Wayne Arnold, AICP, Professional Planner –Q. Grady Minor & Associates, P.A. •Richard D. Yovanovich, Esq., Land Use Attorney –Coleman, Yovanovich & Koester, P.A. •Dan Waters, PE, Civil Engineer –Peninsular Engineering •Norman Trebilcock, PE, Traffic Engineer –Trebilcock Consulting Solutions, PA 2 Project Team Current Zoning:Tree Farm Mixed-use Planned Development (MPUD) Future Land Use:Mixed Use Activity Center and Residential Density Band Project Acreage:58.84+/-acres Approved:June 26,2007 by Ordinance Number 07-54 Amended:10-27-2015 HEX No.2015-42 and 07-05-2018 HEX No.2018-12 3 Project Information 4 •Increase the permitted number of dwelling units from 281 multi-family or 138 single family to allow up to 460 dwelling units of varying types including single family, multi -family, two family attached and townhomes. Maximum allowed density under the GMP is 580. •Decrease the permitted commercial/office square footage from 120,000 square feet to 80,000 square feet. •Add indoor self-storage as a permitted use up to a maximum of 105,000 square feet. •Modify the Conceptual PUD Master Plan to reflect a minor change recently approved (HEX 2018-12), which relocated the small on-site preserve. •Remove the affordable housing developer commitment. •Project has already paid for its traffic impacts Proposed Request 5 •Located on the Northwest quadrant of Immokalee Road and Collier Boulevard Extension •Section 22, Township 48 South, Range 26 East Project Location Map Subject Property Collier Blvd. Ext. Immokalee Rd 6 •Portion of the project located within Activity Center #3 •Located within Residential Density Band Future Land Use 7 •54 dwelling units under construction Aerial Map Subject Property Immokalee Rd Collier Blvd. Ext. 8 •Ordinance 07-54, Exhibit A Master Plan •Ordinance 07-54, Exhibit A Master Plan Notes Approved Master Plan 9 •Proposed Exhibit A Master Plan •Proposed Exhibit A Master Plan Notes Proposed Master Plan 10 Aerial Master Plan Overlay •Date aerial flown: January 2019, Collier County Property Appraiser 11 Conclusion