Fiala Ex ParteEx parte Items – Commissioner Donna Fiala
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
January 14, 2020
ADVERTISED PUBLIC HEARINGS
9.A. This item requires that ex parte disclosure be provided by Commission members.
Recommendation to approve an Ordinance amending Ordinance Number 92-43, as amended by
Ordinance Number 92-77, and amending Ordinance Number 2004-41, as amended, the Collier
County Land Development Code which includes the comprehensive zoning regulations for the
unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map
or maps by changing the zoning classification of the herein described real property from a
Residential Multifamily (RMF-16(8)) zoning district to a Residential Planned Unit Development
(RPUD) zoning district, to allow for development of up to 526 multi-family dwelling units, two-
family attached and townhouse residential dwelling units, or 265 single- family dwelling units
or any combination of dwelling unit types subject to a traffic cap for a project to be known as
Enbrook RPUD; and by eliminating the 100 foot wide greenbelt along the entire east and south
property lines and eliminating the two-story height limitation described in Ordinance No. 92-43
and Ordinance No. 92- 77 for the Royal Fakapalm Planning Community; and providing an
effective date. The subject property consisting of 65.88 acres is located on the south side of
Manatee Road approximately 1500 feet east of Collier Boulevard, in Section 10, Township 51
South, Range 26 East, Collier County, Florida. [PL20180002899] (District 1)
NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings Correspondence e-mails Calls
Meeting w/ Rich Yovanovich & Wayne Arnold, Site Visit with Staff to see Traffic Congestion,
Met with Hearing Examiner, Spoke with Planning Commissioners, East Naples Civic
Association & Staff, Read the Staff Report
CONSENT AGENDA
16.A.11 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 for recording the amended final plat of Bella Tesoro an Esplanade Community – Phase
1, Application Number PL20190001408 (f.k.a Currents of Naples an Esplanade Community –
Phase 1), approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security. (District 1)
NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings Correspondence e-mails Calls
16.A.12.
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 for recording the minor final plat of Talis Park Maintenance Facility Plat, Application
Number PL20190001165. (District 2)
NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings Correspondence e-mails Calls
Ex parte Items – Commissioner Donna Fiala
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
January 14, 2020
SUMMARY AGENDA
17.A. This item requires that ex parte disclosure be provided by the 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 2004-41, as amended, the Collier County
Land Development Code which includes the comprehensive zoning regulations for the
unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map
or maps by changing the zoning classification of the herein described real property from an
Industrial (I) zoning district to a Commercial Planned Unit Development (CPUD) zoning district
to allow 50,000 square feet of floor area for an automotive dealer, for a 4.7+/- acre parcel to be
known as the 3600 Radio Road CPUD, located just east of the intersection of Airport-Pulling
Road and Radio Road, in Section 1, Township 50 South, Range 25 East, Collier County, Florida;
and by providing an effective date. [PL20180002741] (District 4)
NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings Correspondence e-mails Calls
17.C. 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] (District 3)
NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings Correspondence e-mails Calls
Meeting w/ Rich Yovanovich & Wayne Arnold
17.D. 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 a Resolution of the Board of Zoning Appeals of Collier County, Florida providing for
the establishment of a conditional use to allow a private school and preschool with child care
services in the Agricultural (A) zoning district pursuant to Sections 2.03.01.A.1.c.10 and
2.03.01.A.1.c.11 of the Collier County Land Development Code, for 9± acres of a 15.97± acre
parcel located on the south side of Westclox Street, approximately half a mile west of Carson
Road in Immokalee, in Section 31, Township 46 South, Range 29 East, Collier County, Florida.
[PL20180002693] (District 5)
NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings Correspondence e-mails Calls
FYI: CCPC hearing Enbrook RPUD (off Manatee Rd)
From
BrownleeMichael
To
FialaDonna
Recipients
Donna.Fiala@colliercountyfl.gov
Fwd: Petition PL20180002899 Enbrook Residential Planned Unit
Development & Dolphin Car Wash
From
Donna Fiala
To
BrownleeMichael
Recipients
Michael.Brownlee@colliercountyfl.gov
Would you please forward this message on to Mike Bosi and also make a copy of it for me to refer to. I'm really worried about this same thing, and
I'd like to go out there with Mike Bosi and have him explain how this will work with schools, traffic, narrow roads, no sidewalks, two schools, and all
the other homes and mobile homes in that area, including the condo's. AND - I'd like to know what other developments are still waiting on the books
to move forward. This should break the back of the community for sure.
Donna
---------- Forwarded message --------- From: Allie Ellis <allie1750@hotmail.com> Date: Fri, May 31, 2019 at 12:51 PM Subject: Re: Petition
PL20180002899 Enbrook Residential Planned Unit Development & Dolphin Car Wash To: Donna Fiala <donnafiala@gmail.com> Cc: Allie Ellis
<allie1750@hotmail.com>
Dear Donna:
1. PUD – 526 residential homes all emptying onto Manatee Road. This will make Manatee Road (two lane road) too congested as there are some
neighborhoods and apartments already on this road plus people cut through the Manatee School yard from 41 East to get onto Collier Blvd and
avoid the intersection of Collier and 41 E. The two gas stations also add congestion at the corner. I think that 526 units and another 500 cars are too
many for the Manatee Road.
2. Dolphin Car Wash is asking for 3 lanes instead of 2 lanes. I am more concerned to learn of how the water and washing liquids will be contained
and not flow onto Riverwood Road and Henderson Creek. Please forward this to the appropriate department so that they can send me the
requirement of a car wash. I appreciate that the ingress and egress is not on Riverwood Road.
Sincerely,
Allie Ellis (Alexandra)
Email: allie1750@hotmail.com
Telephone 239-775-1750
PUDR-PL20190002899, ENBROOK RPUD
October 7, 2019
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STAFF REPORT
TO:COLLIER COUNTY PLANNING COMMISSION
FROM:ZONING DIVISION ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT -PLANNING &
REGULATION
HEARING DATE:OCTOBER 17,2019
SUBJECT: PUDR-PL20190002899,ENBROOK RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD)
______________________________________________________________________________
PROPERTY OWNER/APPLICANT AND AGENTS:
Owner:
Rimar Enterprises, Inc.
8040 S.W. 69th Avenue
Miami, FL 33143
Applicants:
Rimar Enterprises, Inc.D.R. Horton
8040 S.W. 69th Avenue 10541 Six Mile Cypress
Miami, FL 33143 Fort Myers, FL 33966
Agents:
D.Wayne Arnold, AICP Richard D. Yovanovich, Esquire
Q.Grady Minor & Associates Coleman, Yovanovich & Koester, P.A.
3800 Via Del Rey 4001 Tamiami Trail North, Suite 300
Bonita Springs, FL 34134 Naples, FL 34103
REQUESTED ACTION:
The petitioner requests that the Collier County Planning Commission (CCPC)consider amending
Ordinance Number 92-43, as amended by Ordinance Number 92-77, and amending Ordinance
Number 2004-41, as amended, the Collier County Land Development Code (LDC) which includes
the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by
amending the appropriate zoning atlas map or maps by changing the zoning classification of the
herein described real property from a Residential Multifamily (RMF-16(8)) zoning district to a
Residential Planned Unit Development (RPUD) zoning district, to allow for development of up to
526 multi-family dwelling units, two-family attached and townhouse residential dwelling units, or
265 single-family dwelling units or any combination of dwelling unit types subject to a traffic cap for
PUDR-PL20190002899, ENBROOK RPUD
October 7, 2019
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a project to be known as Enbrook RPUD; and by eliminating the 100-foot wide greenbelt along the
entire east and south property lines and eliminating the two-story height limitation described in
Ordinance Number 92-43 and Ordinance Number 92-77 for the Royal Fakapalm Planning
Community; and providing an effective date.
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GEOGRAPHIC LOCATION:
The subject property consisting of 65.88±acres is located on the south side of Manatee Road
approximately 1500 feet east of Collier Boulevard, in Section 10, Township 51 South, Range 26 East,
Collier County, Florida.(See the Location Map on page 2 of this Staff Report.)
PURPOSE/DESCRIPTION OF PROJECT:
The subject 65.88±acre --family at a
density of eight
reevaluation program in 1992. The density of eight dwelling units generates 526 dwelling units. The
petitioner proposes to rezone the subject property from RMF-16(8) to Residential Planned Unit
Development (RPUD) with a maximum of 526 multi-family dwelling units or 265 single-family
detached, two-family attached, and townhouse dwelling units. A residential amenity center will also
be provided. (See Attachment A-Proposed PUD Ordinance.)
Ordinance Number 92-43 and Ordinance Number 92-77 require a 100-foot wide greenbelt along the
entire eastern and southern property lines and a two-story building height limit. These ordinances
are proposed to be amended. (See Attachment B-Ordinance Number 92-43 and Attachment C-
Ordinance Number 92-77.)
The buildings will have a maximum zoned height of 35 feet and an actual height of 40 feet. Setbacks
from the Planned Unit Development (PUD)boundaries are a minimum of 15 feet. Ingress/egress will
be provided from Manatee Road.
The Master Plan provided on the previous page of this Staff Report depicts the area of proposed
residential development, amenity area, and a 12.84±acre preserve. Landscape buffering
requirements are met by a 15-foot-wide Type B Landscape Buffer (trees 25 feet on center and a six-
foot tall hedge or wall)along the PUD perimeters. A required 20-foot wide Type D Landscape Buffer
(trees 30 feet on center) is provided along Manatee Road.
The petitioner seeks six deviations related to street width, on-premise signs, wall height, architectural
standards, and parking. For further information, please see the Deviation Discussion section of this
Staff Report.
SURROUNDING LAND USE AND ZONING:
North:Manatee Road, a two-lane road and then developed mobile homes with a zoning designation
of Mobile Home (MH)
East: Developed water booster pumping facility,and undeveloped land with a zoning designation
of Public (P) and Mobile Home (MH)
South:Vacant land with a zoning designation of A.S.G.M. Business Center PUD
West:Developed multi-family residential uses with a zoning designation of RMF-16,and a
shopping center with a zoning designation of intermediate Commercial (C-4)
PUDR-PL20190002899, ENBROOK RPUD
October 7, 2019
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AERIAL PHOTO
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Comprehensive Planning staff has reviewed the proposed PUD Rezone and has found it consistent
with the Future Land Use Element (FLUE)of the GMP. See attached Exhibit D -FLUE Consistency
Review.
Transportation Element:
2018 Traffic Impact Statement (TIS) for consistency with Policy 5.1 of the Transportation Element
of the Growth Management Plan (GMP). Transportation Planning staff used the current 2018 Annual
Update and Inventory Reports (AUIR) for these findings.
Policy 5.1 of the Transportation Element of the GMP states:
conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE)
affecting the overall countywide density or intensity of permissible development, with
Subject Site
PUDR-PL20190002899, ENBROOK RPUD
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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
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 (LOS) Standard 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
and submitted as part of the traffic impact statement that addresses th
Staff finding: According to the PUD and the TIS provided with the proposed rezoning,the applicant
is requesting a maximum of 526 single-family and multi-family residential dwelling units. This
development is currently entitled to 526 multi-family units. The requested rezone is proposing either
the development of 265 single-family units or 526 multi-family units or a combination of both single
and multi-family units so long as the trip cap of 259 two-way PM peak hour trips is not exceeded.
Staff also notes that this development is vested for 483 multi-family units according to amended
Certificate of Occupancy (COA)(reference number 06-018-09) with a vested trip limit of 240 two-
way PM peak hour trips. See also attachment A below.
This development has vested transportation rights. Staff evaluated the TIS and the scenarios
presented accurately reflect trip generation calculations in combination with PUD Exhibit F,
Developer Commitments, Section 4, Transportation. Staff also reviewed the current adjacent
roadway segments,according to the 2018 AUIR,for issues related to any potential scenario that
exceeds the vested trip limit of 240 two-way PM peak hour trips. The adjacent roadway segments
are as follows: Collier Boulevard (CR 951) from Wal-Mart Driveway to Manatee Road has a current
service volume of 2,000 trips,a remaining capacity of approximately 243 trips,and is currently
operating at Level of Service (LOS). Collier Boulevard (CR 951) from Manatee Road to
Mainsail Drive has a current service volume of 2,200 trips,a remaining capacity of approximately
259 trips,.
In conclusion,and as noted above, this development has a vested trip limit. Based on the information
provided in the TIS and PUD for the petition,Transportation Planning staff finds the proposed
development in compliance with the GMP and the LDC and recommends approval.
Conservation and Coastal Management Element (CCME): Environmental Planning staff have
found this project to be consistent with the applicable provisions of the Conservation and Coastal
Management Element (CCME)of the GMP.The project site consists of 11.62 acres of native
vegetation. A minimum of 2.91 acres, 25%,preserve is required. However, 12.84 acres of preserve
shall be placed under preservation and dedicated to Collier County.
PUDR-PL20190002899, ENBROOK RPUD
October 7, 2019
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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 referred
,and Section 10.02.08 F., Nature of Requirements of Planning Commission Report
ollier County
recommendation.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 belo ing and Land Development Review In addition, staff offers
the following analysis:
Environmental Review: Environmental Planning staff has reviewed the petition,and the PUD
Document to address environmental concerns. As previously stated, the preserve requirement is 2.91
acres or 25%of 11.62 acres. The proposed PUD Master Plan provides 12.84 acres preserve, which
meets the minimum 25 percent native vegetation preservation requirement in accordance with LDC
section 3.05.07. No listed 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.
Landscape Review: Landscape Review staff has reviewed this petition for compliance with the LDC
and recommends approval of this project.
School Board Review: At this time,there is existing or planned capacity within the next five years
for the proposed development at the elementary, middle,and high school levels.At the time of Site
Development Plan (SDP)or Plans and Plat (PPL),the development would be reviewed for
concurrency to ensure there is capacity either within the concurrency service area the development is
located within or in adjacent concurrency service areas.
Utilities Review:The project lies within the regional potable water service area and the south
wastewater service areas of the Collier County Water-Sewer District. Water and wastewater services
System
capacity must be confirmed at the time of development permit (SDP or PPL) review, and a
commitment to provide service will be established upon permit approval.
Storm Water Planning Review:The Drainage outfall discharge resulting from this PUD Rezone will
PUDR-PL20190002899, ENBROOK RPUD
October 7, 2019
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system will be reviewed and approved by the South Florida Water Management District and Collier
County staff during the SDP process.
Zoning and Land Development Review: As previously stated, this PUD Rezone petition will allow
for 526 multi-family dwelling units or 265 single-family dwelling units, or a combination of single-
family and multi-family dwelling units subject to a traffic cap. The ingress/egress will be from
Manatee Road.
The proposed PUD will provide adequate buffering with existing neighbors. An approximate 700-
foot wide preserve separates the proposed residential development from the existing commercial area
to the west. An approximate 80-foot wide preserve area and minimum code required 15-foot wide
Type B Landscape Buffer (trees 25 feet on center and a 6-foot high hedge, fence or wall) screens the
proposed residential development from the undeveloped commercial PUD to the south. A Type B
Landscape Buffer along the east and west property boundaries screen the developed residential,
undeveloped mobile homes,and developed utility site. Along Manatee Road, a Type D Landscape
Buffer (trees 30 feet on center) will buffer the proposed development from Manatee Road.
The proposed building height of 35 feet and actual height of 40 feet are compatible with the adjacent
zoned building heights ranging from 30 feet to 75 feet. The required 60% open space will be
provided.
Therefore, staff finds the proposed PUDR compatible with the surrounding land uses.
REZONE FINDINGS:
Staff completed a comprehensive evaluation of this land use petition including the criteria upon which
a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.5., Planning
Commission Recommendation ,and Subsection
10.02.08 F., Nature of Requirements of Planning Commission Report
these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to
support their action on the rezoning request. An evaluation relative to these subsections is discussed
In addition, staff offers
the following analysis:
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.
be characterized as
residential multi-family, mobile home, commercial, business park,and public lands.
PUDR-PL20190002899, ENBROOK RPUD
October 7, 2019
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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.
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 growth and development trends, changing market conditions, specifically the development of the
site with residences, and the development of the surrounding area, support the proposed PUD. This
site is located within an area of development with a mixture of residential and other uses. The
proposed PUD rezoning is appropriate, as limited in the PUD Document and the PUD Master Plan
based on its compatibility with adjacent land uses.
6.Whether the proposed change will adversely influence living conditions in the
neighborhood.
The proposed PUD Rezone -use policies upon adoption that are
reflected by the Future Land Use Element (FLUE) of the GMP. Development in compliance with
the proposed PUD Rezone should not adversely impact living conditions in the area.
7.Whether the proposed change will create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses, because of peak volumes or
projected types of vehicular traffic, including activity during construction phases of the
development, or otherwise affect public safety.
The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP
consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency
review. Operational impacts will be addressed at time of first development order (SDP or Plat).
management regulations when development approvals are sought.
8.Whether the proposed change will create a drainage problem.
The proposed PUD Rezone 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 change will not seriously reduce light and air to adjacent areas.
10.Whether the proposed change would adversely affect property values in the adjacent area.
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October 7, 2019
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Staff is of the opinion this PUD Rezone will not adversely impact property values. However, zoning
by itself may or may not affect values, since value determination is driven by market value.
11.Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations.
Properties around the Enbrook RPUD are developed and undeveloped. The basic premise underlying
all of the development standards in the LDC is that their sound application, when combined with the
SDP approval process and PPL 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
PUD 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 developed within the parameters of the existing zoning designation.
14.Whether the change suggested is out of scale with the needs of the neighborhood or the
county.
Staff is of the opinion that the proposed PUD Rezone is not out of scale with the needs of the neighborhood or
County. The petitioner has provided adequate commitments in PUD Exhibit F to mitigate for traffic
congestion impacts.
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 be 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.
PUDR-PL20190002899, ENBROOK RPUD
October 7, 2019
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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 site development plan approval process and again later as part of the building
permit process.
17.The impact of development on the availability of adequate public facilities and services
consistent with the levels of service adopted in the Collier County GMP and as defined and
implemented through the Collier County adequate public facilities ordinance.
The activity proposed by this amendment will have no adverse impact on public utilities facility
adequacy.
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 subject site is surrounded by mobile home development to the north, undeveloped land and a
water booster pumping facility to the east, an undeveloped business park to the south, and by a
shopping center to the west. The adjacent roadway network has sufficient capacity to accommodate
the proposed development.
Water distribution and wastewater transmission mains are readily available within the Manatee Road
right-of-way, and there is adequate water and wastewater treatment capacity to serve the proposed
PUD.
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 and PPL 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.
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October 7, 2019
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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
is of the opinion that this petition can be found 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 proposed landscaping and buffering standards are compatible with the adjacent uses. Staff has
concluded that this PUD Rezone
externally.
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 60% 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.
Collier County has sufficient treatment capacity for water and wastewater service to the project.
Conveyance capacity must be confirmed at the time of development permit application.
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 Plat), at which time a new TIS will be required to demonstrate turning movements for
all site access points. Finally, th
concurrency management regulations when development approvals, including but not limited to any
plats and or site development plans, are sought.
7.The ability of the subject property and of surrounding areas to accommodate expansion.
The area has adequate supporting infrastructure, including adjacent Collier County Water-Sewer
District potable water and wastewater mains, to accommodate this project.
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.
This criterion essentially requires an evaluation of the extent to which development standards and
deviations proposed for this PUD depart from development standards that would be required for the
most similar conventional zoning district. The petitioner is seeking six deviations related to street
width, on-premise signs, wall height, architectural standards, and parking.
PUDR-PL20190002899, ENBROOK RPUD
October 7, 2019
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Please refer to the Deviation Discussion portion of the Staff Report below for a more extensive
examination of the deviations.
Deviation Discussion:
The petitioner is seeking six deviations from the requirements of the LDC. The deviations are directly
extracted from PUD Exhibit F.,and staff analysis/recommendation are
outlined below.
Deviation #1
Deviation 1 seeks relief from Section 6.06.01 N., Street System Requirements,which requires a
60-foot right-of-way width for Local/Private roads,to instead allow a 50-foot right-of-way width.
The petitioner states the following in support of the deviation:
The proposed roadway is private and will not be subject to Collier County ownership and
maintenance. The 50-foot right of way width accommodates the required 10-foot lane widths
and 5-foot sidewalks per the Community Development Local Street cross-section in Appendix
B of the Land Development Code. A 10-foot wide utility easement is proposed on each side
of the right of way to accommodate the utility needs of the development. Roadside swales are
not proposed as valley gutter will be provided for street drainage to inlets that will discharge
to the onsite detention areas;thus the wider right of way widths typically provided for swales
is not required.
Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends
APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has
demonstrated that "the element may be waived without a detrimental effect on the health, safety, and
welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the
of such regu
Deviation #2
Deviation 2 seeks relief from LDC Section 5.06.02.B.5.a, On-premises Directional Signs,which
requires that each sign shall be setback a minimum of 10 feet from edge of the roadway paved surface
or back of curb, to instead allow a setback of 5 feet from edge of roadway, paved surface or back of
curb. This deviation excludes public roads.
The petitioner states the following in support of the deviation:
This deviation will provide locational flexibility for directional signage internal to the RPUD.
A unified design theme will be utilized for all signage throughout the community, thereby
ensuring a cohesive appearance and increased aesthetic appeal. All directional signage will
meet the Clear Sight Distance requirements in accordance with LDC Section 6.06.05.
Furthermore, this deviation is typical of many of the master-planned developments throughout
Collier County. All roads and drives will be privately owned and maintained.
PUDR-PL20190002899, ENBROOK RPUD
October 7, 2019
Page 16 of 19
Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends
APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has
demonstrated that "the element may be waived without a detrimental effect on the health, safety, and
welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the
tified as meeting public purposes to a degree at least equivalent to literal application
Deviation #3
Deviation 3 seeks relief from LDC Section 5.03.02.C.1.a and 5.03.02.C, Fences and Walls,
Excluding Sound Walls, which requires fences or walls in a residential PUD to be 6 feet or less in
height, to instead allow an 8-foot high wall on top of a 4-foot high berm along Manatee Road right-
of-way.
The petitioner states the following in support of the deviation:
The additional wall height is necessary to provide a buffer from the adjacent 2-lane traffic
noise,and the ground must be altered to meet water management criteria. The wall height is
consistent with the wall height constructed for other residential PUDs.
Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends
APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has
demonstrated that "the element may be waived without a detrimental effect on the health, safety, and
welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the
Deviation #4
Deviation 4 seeks relief from LDC Section 5.05.08.B.2.a.i and 5.05.08.B.2.c.i, Architectural and
Site Design Standards,which requires where a proposed project site located within 150 to 300 feet
of an arterial or collector road, including all rights-of-way, shall be required to comply with LDC
sections 5.05.08 D.4., D.10., D.13., D.15., E, and F. Compliance shall be limited to the building
façades facing the arterial or collector road to instead allow the buildings behind a wall to not be
subject to this LDC requirement.
The petitioner states the following in support of the deviation:
This Section of the LDC would be applicable to a building located in the amenity area of the project.
It is the intent of the developer to install solid walls on their Manatee Road property boundary. The
wall along Manatee Road will be 8 feet in height on top of a berm, making the amenity building
largely impossible for the public to see. Requiring additional architectural embellishments for the
amenity building is unnecessary.
Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends
APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has
demonstrated that "the element may be waived without a detrimental effect on the health, safety, and
welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the
PUDR-PL20190002899, ENBROOK RPUD
October 7, 2019
Page 17 of 19
devi
Deviation #5
Deviation 5 seeks relief from LDC Section 4.05.04.G, Parking Space Requirements,which
requires where small-scale recreation facilities are accessory to a single-family or multi-family
project and intended only for the residents of that project, exclusive of golf courses/clubhouses, the
recreation facilities may be computed at 50 percent of normal requirements where the majority of the
dwelling units are not within 300 feet of the recreation facilities and at 25 percent of normal
requirements where the majority of the dwelling units are within 300 feet of the recreation facilities,
to instead allow the parking space for the recreation facilities to be computed at 25 percent where the
majority of dwelling units are within 500 feet of the recreation facilities.
The petitioner states the following in support of the deviation:
The project will have sidewalks throughout allowing residents the ability to walk to the project
amenity area. Parking on-site will be provided. It has been this developers experience that
the proposed reduction in required parking provides ample on-site parking for residents and
guests and that the LDC requirement results in excess parking for the on-site amenity area.
Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends
APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has
demonstrated that "the element may be waived without a detrimental effect on the health, safety, and
welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the
Deviation #6
Deviation 6 seeks relief from LDC Section 5.06.02.B.6.b., On-premises Sign Within Residential
Districts,which permits two ground signs at a maximum height of 8 feet with a combined sign face
area not to exceed 64 square feet, to instead allow a combined sign face area of 160 square feet. The
free-standing monument signs, for a maximum height of 12 feet (8-foot high wall on a 4-foot high
berm) measured from the adjacent roadway centerline elevation. If the sign is on the wall, the wall
will be 10 feet from the Manatee Road right-of-way.
The petitioner states the following in support of the deviation:
This deviation is warranted as it is anticipated the signage will be coordinated with the
appealing if it is consistent with the scale of the perimeter project wall.
Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends
APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has
demonstrated that "the element may be waived without a detrimental effect on the health, safety, and
welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the
PUDR-PL20190002899, ENBROOK RPUD
October 7, 2019
Page 18 of 19
NEIGHBORHOOD INFORMATION MEETING (NIM):
The applicant conducted a NIM on June 5,2019,at Collier County Government Center, BCC
Boardroom, located at 3299 Tamiami Trail East, Building F, Naples, Florida.Approximately ten
residents attended the meeting For further information,
see the NIM Transcript which is contained in attached Exhibit E-Application.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office has reviewed the Staff Report for this petition on October 7, 2019.
RECOMMENDATION:
Planning and Zoning Review staff recommends that the CCPC forward Petition PUDR-
PL20190002899, Enbrook RPUD to the BCC with a recommendation of approval.
Attachments:
Attachment A-Proposed PUD Ordinance
Attachment B-Ordinance Number 92-43
Attachment C-Ordinance Number 92-77
Attachment D-FLUE Consistency Review
Attachment E-Application
Please tell me about the Enbrook Residential PUD.
From
FialaDonna
To
StrainMark
Cc
BrownleeMichael; Donna Fiala
Recipients
Mark.Strain@colliercountyfl.gov; Michael.Brownlee@colliercountyfl.gov; donnafiala@gmail.com
I want to know more before going to their NIM. Maybe you could even call me when you have a chance. It sounds like it will be very crowded, in
an already crowded area with an Elementary and Middle School right there, and other affordable housing units planned, plus another PUD with
single family homes, and only a two lane road leading into the area. Is this owner occupied? Is it affordable? If you'd like, we could even meet next
week Wednesday if you'd like to try to explain it to me.
Thanks for your help.
Donna
Donna Fiala
Collier County Commissioner, District 1
3299 Tamiami Trail East, Suite #303
Naples, FL 34112
P: (239) 252-8601
F: (239) 252-6578
I am not home accepting the things I cannot change,
I am out changing the things I can not accept.
________________________________
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,
do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
Site Visit to Manatee Road
From
BrownleeMichael
To
FialaDonna; BosiMichael; CohenThaddeus
Cc
FrenchJames
Recipients
Donna.Fiala@colliercountyfl.gov; Michael.Bosi@colliercountyfl.gov; Thaddeus.Cohen@colliercountyfl.gov; James.French@colliercountyfl.gov
Would you please forward this message on to Mike Bosi and also make a copy of it for me to refer to. I'm really worried about this same thing, and
I'd like to go out there with Mike Bosi and have him explain how this will work with schools, traffic, narrow roads, no sidewalks, two schools, and all
the other homes and mobile homes in that area, including the condo's. AND - I'd like to know what other developments are still waiting on the
books to move forward. This should break the back of the community for sure.
Donna
---------- Forwarded message --------- From: Allie Ellis <allie1750@hotmail.com> Date: Fri, May 31, 2019 at 12:51 PM Subject: Re: Petition
PL20180002899 Enbrook Residential Planned Unit Development & Dolphin Car Wash To: Donna Fiala <donnafiala@gmail.com> Cc: Allie Ellis
<allie1750@hotmail.com>
Dear Donna:
1. PUD – 526 residential homes all emptying onto Manatee Road. This will make Manatee Road (two lane road) too congested as there are some
neighborhoods and apartments already on this road plus people cut through the Manatee School yard from 41 East to get onto Collier Blvd and
avoid the intersection of Collier and 41 E. The two gas stations also add congestion at the corner. I think that 526 units and another 500 cars are
too many for the Manatee Road.
2. Dolphin Car Wash is asking for 3 lanes instead of 2 lanes. I am more concerned to learn of how the water and washing liquids will be contained
and not flow onto Riverwood Road and Henderson Creek. Please forward this to the appropriate department so that they can send me the
requirement of a car wash. I appreciate that the ingress and egress is not on Riverwood Road.
Sincerely,
Allie Ellis (Alexandra)
Email: allie1750@hotmail.com
Telephone 239-775-1750
Enbrook RPUD (526 Units off Manatee Rd) - NIM
From
BrownleeMichael
To
FialaDonna
Recipients
Donna.Fiala@colliercountyfl.gov
image001.png
image001.png
Meet w/ Rich Yovanovich re: Tree Farm, Enbrook, Guadalupe
From
BrownleeMichael
To
FialaDonna
Recipients
Donna.Fiala@colliercountyfl.gov
Dianna Quintanilla
Legal Assistant
The Northern Trust Building
4001 Tamiami Trail North, Suite 300
Naples, Florida 34103
P: 239.435.3535| F: 239.435.1218
dquintanilla@cyklawfirm.com