HEX Final Decision 2023-18INSTR 6426425 OR 6266 PG 2493
RECORDED 7/10/2023 2:03 PM PAGES 24
CLERK OF THE CIRCUIT COURTAND COMPTROLLER
COLLIER COUNTY FLORIDA
HEX NO. 2023-18 REC $205.50
HEARING EXAMINER DECISION
DATE OF HEARING.
May 25, 2023
PETITION.
Petition No. PDI-PL20230000465 — US 41/ Creative Drive - Request for an insubstantial
change to Ordinance No. 18-29, the Torres Family Trust CPUD, to allow an access point on
US 41 subject to closure and replacement with up to two access points on Creative Drive, to
provide that no wall is required along the eastern and southern CPUD boundaries adjacent
only to Tract P, Preserve, and to amend the master plan. The subject property is located on
the south side of US 41, approximately one-half mile southeast of Manatee Road and,
opposite and southeast from Naples Reserve Boulevard, in Section 12, Township 51 South,
Range 26 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The applicant is requesting to re-establish the access point to the CPUD from Creative Drive to
US 41 and clarity on the Master Plan that no wall is required along the eastern and southern CPUD
boundaries adjacent to Tract P, the on -site preserve area.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 of the Collier
County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the
County Administrative Code.
2. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
The public hearing was conducted electronically and in -person in accordance with
Emergency/Executive Order 2020-04.
4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi -Judicial
Public I Iearing Waiver related to conducting the public hearing electronically and in -person.
5. The NIM was advertised and held on March 6, 2023, at 5:00 pm at the Collier County South
Regional Library, Meeting Room A, at 8065 Lely Cultural Parkway #9005, Naples, FL 34113.
Page 1 of 6
There were thirteen (13) members of the public present and one (1) participated remotely via
Zoom.
6. The County Staff presented the Petition followed by the Petitioner and/or Petitioner's
representative, public comment and then rebuttal by the Petitioner and/or Petitioner's
representative. Linda Gray and Joseph LaRose, board members at Imperial Wilderness
Condominium Association, Inc. which is located on the east and south sides of the subject
access point appeared at the public hearing. Ms. Gray and Mr. LaRose were speaking on behalf
of the 546 homeowners residing in Imperial Wilderness to voice their concerns regarding their
egress point, the deceleration and acceleration lanes for entering and leaving their
development, the several accidents that have occurred on their egress and the wildlife entering
their property due to the new development.
7. The County's Land Development Code Section 10.02.13.E.1. and 10.02.13.E.2 lists the criteria
for an insubstantial change to an approved PUD ordinance. The Hearing Examiner acting in
the capacity of the Planning Commission shall make findings as to the original application
with the criteria in Land Development Code Sections 10.02.13.E.I and 10.02.13.E.2.'
LDC Section 10.02.13.E.1 Criteria:
1. Is there a proposed change in the boundary of the Planned Unit Development (PUD)?
The record evidence and testimony from the public hearing reflects that there is no impact
or change to the existing PUD boundary.
2. Is there a proposed increase in the total number of dwelling units or intensity of land use
or height of buildings within the development?
The record evidence and testimony from the public hearing reflects that the request will
not increase the approved density or intensity, or the height of proposed buildings.
3. Is there a proposed decrease in preservation, conservation, recreation, or open space areas
within the development in excess of five (5) percent of the total acreage previously
designated as such, or five (5) acres in area?
The record evidence and testimony from the public hearing reflects that the request will
not result in a decrease in the preserve, conservation, recreation, or open space areas. The
request relocates an access point and provides clarification of where the wall is required
along the project boundaries.
4. Is there a proposed increase in the size of areas used for non-residential uses, to include
institutional, commercial, and industrial land uses (excluding preservation, conservation,
or open space), or a proposed relocation of nonresidential land uses?
1 The Hearing Examiner's findings are italicized.
Page 2 of 6
The record evidence and testimony from the public hearing reflects that the request does
not impact the size of non-residential areas or propose to relocate such areas within the
PUD boundary.
5. Is there a substantial increase in the impacts of the development which may include, but
are not limited to increases in traffic generation; changes in traffic circulation; or impacts
on other public facilities?
The record evidence and testimony from the public hearing reflects that the request will
not result in an impact on the development in terms of traffic and public facilities. The
approved Master Plan provided for two (2) access points to Creative Drive which would
provide access to US-41 via a driveway. The proposed modification will allow for direct
access to the site via US-41 instead of Creative Drive in -line with one of the recommended
options provided by FDOT. There was competent substantial evidence from the applicant's
traffic engineer that the new access point on US-41 will not interfere with the access point
directly east and also on US-41 for Imperial Wilderness. No change in land use activities
or intensities is being requested.
Will the change result in land use activities that generate a higher level of vehicular traffic
based upon the Trip Generation Manual published by the Institute of Transportation
Engineers?
The record evidence and testimony from the public hearing reflects that the request will
not generate a higher level of vehicular traffic. No change in land use activities or
intensities is being requested. The only traffic related change is the addition of an access
point on US-41 until such time as Creative Drive is properly aligned.
7. Will the change result in a requirement for increased stormwater retention, or otherwise
increase stormwater discharge?
The record evidence and testimony from the public hearing reflects that the request will
not result in increased requirements for stormwater retention or increased stormwater
discharges.
8. Will the proposed change bring about a relationship to an abutting land use that would be
incompatible with an adjacent land use?
The record evidence and testimony from the public hearing reflects that the request will
not modify any existing uses or intensities that would impact any surrounding land uses or
that would be incompatible. The clarification to being added to the Master Plan indicates
where the wall is and is not required as was already identified in the approved PUD
Document. Furthermore, the clarification is for the area adjacent to the onsite preserve,
only and this area is still subject to the 25' Type B Buffer requirement or preserve area
buffer equivalency per Planning Developer Commitment B. The preserve use is already a
compatible use to the Travel Trailer Recreational Vehicle Campground (TTRVC) use
located on the adjacent properties to the south and east. A wall is still required on the
Page 3 of 6
eastern side of the subject property along the landscape buffer adjacent Imperial
Wilderness starting where the Preserve tract ends.
9. Are there any modifications to the PUD Master Plan or PUD document or amendment to a
PUD ordinance which is inconsistent with the Future Land Use Element or other elements
of the Growth Management Plan or which modification would increase the density of
intensity of the permitted land uses?
The record evidence and testimony from the public hearing reflects that the request does
not impact the project's compliance with the Growth Management Plan (GMP).
10. The proposed change is to a PUD District designated as a Development of Regional Impact
(DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change
requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19),
F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S., and any changes to
a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed
and approved by Collier County under Section 10.02.13 of the LDC.
The record evidence and testimony from the public hearing reflects that the CPUD is not
within a Development of Regional Impact.
11. Are there any modifications to the PUD Master Plan or PUD document or amendment to a
PUD ordinance which impact(s) any consideration deemed to be a substantial modification
as described under Section(s) 10.02.13 E.
The record evidence and testimony from the public hearing reflects that the request is not
a substantial modification to the CPUD and may be processed as a PDI pursuant to the
LDC and Administrative Code.
The request complies with the thresholds for insubstantial changes to PUDs as outlined in LDC
Sec. 10.02.13.E.2 as follows:
1. Does this petition change the analysis of findings and criteria used for the original
application?
The record evidence and testimony from the public hearing reflects that the PUD Rezoning
of the subject CPUD for the proposed petition has not modified the original analysis of
findings and criteria. No change to the permitted land uses, intensities, or design standards
is being requested as part of the petition. The clarification that there is no wall required
along the eastern and southern property boundary adjacent to the on -site preserve area is
just identifying what was already approved for the CPUD as clearly identified within the
Conceptual Perimeter Berm Cross -Sections, Section B-B of the approved PUD Document.
Page 4 of 6
ANALYSIS.
Based on a review of the record including the Petition, application, exhibits, the County's staff
report, and hearing comments and testimony from the Petitioner and/or the Petitioner's
representative(s), County staff and any given by the public, the Hearing Examiner finds that there
is enough competent, substantial evidence as applied to the criteria set forth in Section
10.02.13.E.1 of the Land Development Code to approve Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number PDI-PL20230000465, filed by
Josephine Medina, AICP of RVi Planning + Landscape Architecture representing the Torres
Family Holdings, LLC with respect to the property as described in the Torres Family Trust
Commercial Planned Unit Development (CPUD), Ordinance No. 18-29, for the following:
• An insubstantial change to Ordinance No. 18-29, the Torres Family Trust CPUD, to allow
an access point on US 41 subject to closure and replacement with up to two access points
on Creative Drive, to provide that no wall is required along the eastern and southern CPUD
boundaries adjacent only to Tract P, Preserve, and to amend the Master Plan.
Said changes are fully described in the proposed PUD Language attached as Exhibit "A" and the
Revised Master Concept Plan attached as Exhibit `B" and are subject to the conditions below.
ATTACHMENTS.
Exhibit A — Proposed PUD Language Changes
Exhibit B — Revised Master Concept Plan
LEGAL DESCRIPTION.
See Ordinance No. 18-29
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. Access to the project site shall be provided by one (1) access point on Tamiami Trail East.
However, if Creative Drive is realigned to meet FDOT standards, then access to the project
site shall be provided for by up to two (2) access points on Creative Drive, and the access
point along Tamiami Trail shall be extinguished within six (6) months of the realigned
Creative Drive receiving certification. Additionally, at this time, applicable access point(s)
on Creative Drive shall be aligned with access points to the adjacent Fiddler's Creek
Business Tract, as determined by the County Manager or designee. Later as the site is
developed, if the new US-41 access to the subject property is deemed by the County to
cause interference with the US-41 deceleration lane and access point to Imperial
Page 5 of 6
Wilderness, then the applicant may be required to modify the PUD to address this
interference.
3. The applicant shall professionally maintain all landscape buffer areas especially adjacent
to its neighbor, Imperial Wilderness, and later as the site is developed, if the County deems
such development creates an adverse impact on Imperial Wilderness where there is no wall
on the south and east boundary of the on -site Preserve tract, then the applicant may be
required to modify the PUD to address these impacts.
DISCLAIMER.
Pursuant to Section 125.022(5) F.S., 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.
APPEALS.
This decision becomes effective on the date it is rendered. An appeal of this decision shall be done
in accordance with applicable ordinances, codes and law.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES
AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR
VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE
NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES.
June 22, 2 ,
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
Page 6 of 6
EXHIBIT "A"
EXHIBIT A
TORRES FAMILY TRUST CPUD
LIST OF PERMITTED USES
PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered, or used, or land used, in whole
or in part, within the Torres Family Trust CPUD, for other than the following:
TRACT C — COMMERCIAL DEVELOPMENT
Principal Uses
A. Up to 60,000 square feet of gross floor area of the following commercial uses, as
identified with a number from the Standard Industrial Classification Manual (1987),
subject to the restrictions in I.B and 111. No single use may exceed 45,000 square feet of
gross leasable area.
1. Accounting, auditing, and bookkeeping (872 1).
2. Advertising agencies (7311).
3. Animal specialty services, except veterinary (0752, excluding animal shelters;
artificial insemination services: animal specialties; breeding of animals; dog
pounds; honey straining on the farm; training horses, except racing; outside
kenneling and horse boarding).
4. Apparel and accessory stores (561 1-5699).
5. Architectural services (8712).
6. Auto and home supply stores (5531).
7. Banks, credit unions and trusts (6011-6091 ).
8. Barber shops (7241, except for barber schools).
9. Beauty shops (7231, except for beauty schools).
10. Business associations (8611).
11. Business consulting services (8748).
12. Business credit institutions (6153-6159).
13. Business services —miscellaneous (7389, excluding auctioneering service;
automobile recovery; automobile repossession; bartering services for businesses;
batik work; bondspersons; bottle exchanges; bronzing; cloth cutting; contractors'
disbursement; convention decorators; cosmetic kits; cotton inspection; cotton
sampler; directories, telephone; drawback service, customs; drive -a -way
automobile; exhibits, building; filling pressure containers; field warehousing; fire
extinguishers; firefighting service; floats, decoration; folding and refolding; gas
systems; inspection of commodities; labeling bottles; liquidation services; metal
slitting and shearing; mounting merchandise on cars; music distribution systems;
packaging and labeling; patrol of electric transmission or gas lines; pipeline or
powerline inspection; pre-sorting mail service; press clipping service; produce
weighing service; product sterilization service; racetrack cleaning; radio
EXHIBIT "A"
Page 1 of 15
broadcasting music checkers; recording studios; repossession service; rug
binding; salvaging of damaged merchandise; sampling of commodities; scrap
steel cutting and slitting; shrinking textiles; solvent recovery; sponging textiles;
styling of fashions, apparel, furniture, and textiles; swimming pool cleaning; tape
slitting; textile designers; textile folding; tobacco sheeting; weighing foods and
other commodities; window trimming; and yacht brokers).
14. Child day care services (8351).
15. Churches.
16. Civic, social, and fraternal associations (8641).
17. Commercial art and graphic design (7336).
18. Commercial photography (7335).
19. Computer and computer software stores (5734).
20. Credit reporting services (7323).
21. Direct mail advertising services (7331).
22. Drug stores (5912).
23. Eating and drinking places (5812 restaurants only). All establishments engaged in
the retail sale of alcoholic beverages for on -premise consumption are subject to
the locational requirements of section 5.05.01 of the LDC.
24. Educational plants and services (821 1, 8221-8222).
25. Engineering services (8711).
26. Essential services, subject to section 2.01.03 of the LDC.
27. Federal and federally -sponsored credit agencies (61 11).
28. Food stores (groups 5411-5499).
29. Garment pressing and agents for laundries and drycleaners (7212, excluding truck
route laundry and dry cleaning, not operated by laundries).
30. General merchandise stores (5331-5399).
31. Glass, Paint, and Wallpaper stores (5231).
32. Group care facilities limited to persons 55 and over (category I and 11, except for
homeless shelters); care units, except for homeless shelters; nursing homes;
independent or assisted living facilities pursuant to F.S. § 429 and ch. 58A-5
F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and
ch. 4-193 F.A.C.; all subject to section 5.05.04. of the LDC (hereinafter
collectively or singularly referred to as "Assisted Living Facility"). Assisted
Living Facilities are not subject to the limitation on square footage.
33. Hardware stores (5251).
34. Health services, offices and clinics (8011-8049, 8092, and 8099).
35. Home furniture and furnishings stores (5712-5719).
36. Home health care services (8082).
37. Household appliance stores (5722).
38. Insurance carriers, agents and brokers (6311---- 6399, 6411).
39. Labor unions (9631 ).
40. Landscape architects, consulting and planning (0781 ).
41. Legal services (8111).
42. Libraries (8231).
43. Loan brokers (6163, excluding pay day loans).
44. Management services (8741, 8742).
Page 2 of 15
45. Membership organizations, miscellaneous (8699).
46. Motor freight transportation and warehousing (4225, air conditioned and mini -and
self -storage warehousing only).
47. Mortgage bankers and loan correspondents (6162).
48. Museums and art galleries (8412).
49. Musical instrument stores (5736).
50. Personnel supply services (7361 & 7363).
51. Personal services, miscellaneous (7299 - limited to babysitting bureaus, clothing
rental, costume rental, debt counseling, depilatory salons, diet workshops, dress suit
rental, electrolysis, genealogical investigation service, and hair removal only) with
5,000 square feet or less of gross floor area in the principal structure.
52. Photographic studios, portrait (7221).
53. Physical fitness facilities (7991; 7997).
54. Professional membership organizations (8621).
55. Public administration (groups 9111-9199, 9229, 9311, 9411, 9451, 9511-9532,
9611-9661).
56. Public relations services (8743).
57. Radio, television and consumer electronics stores (5731).
58. Radio, television and publishers advertising representatives(7313).
59. Real Estatc(6531----- 6552).
60. Religious organizations (8661).
61. Repair services - miscellaneous (7629, excluding appliance repair; business
machine repair; office machine repair - except typewriters, computers; and washing
machine repair; 7631, 7699 - limited to bicycle repair, binocular repair, camera
repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop,
picture framing, and pocketbook repair only).
62. Retail nurseries, lawn and garden supply stores (5261).
63. Retail services - miscellaneous (5921-5963 except pawnshops and building
materials; 5992-5999 except auction rooms, awning shops, gravestones, hot tubs,
monuments, swimming pools, tombstones and whirlpool baths).
64. Security and commodity brokers, dealer, exchanges and services (6211-6289).
65. Shoe repair shops and shoeshine parlors (7251).
66. Surveying services (8713).
67. Tax return preparation services (7291).
68. Travel agencies (4724, no other transportation services).
69. United States Postal Service (431 1, except major distribution center).
70. Veterinary services (0742, excluding outdoor kenneling).
71. Any other principal and related use that is determined to be comparable and
compatible to the foregoing by the Board of Zoning Appeals or Hearing Examiner
pursuant to the process outlined in the LDC.
The following commercial uses, as identified with a number from the Standard Industrial
Classification Manual (1987), are prohibited within 60 feet of the southern or eastern
property line:
1. Animal specialty services, except veterinary (0752, excluding animal shelters;
artificial insemination services: animal specialties; breeding of animals; dog
Page 3 of 15
pounds; honey straining on the farm; training horses, except racing; outside
kenneling and horse boarding).
2. Apparel and accessory stores (561 1-5699).
3. Auto and home supply stores (5531).
4. Banks, credit unions and trusts (6011-6091).
5. Barber shops (7241, except for barber schools).
6. Beauty shops (7231, except for beauty schools).
7. Business credit institutions (6153-6159).
8. Business services -miscellaneous (7389, excluding auctioneering service;
automobile recovery; automobile repossession; bartering services for businesses;
batik work; bondspersons; bottle exchanges; bronzing; cloth cutting; contractors'
disbursement; convention decorators; cosmetic kits; cotton inspection; cotton
sampler; directories, telephone; drawback service, customs; drive -a -way
automobile; exhibits, building; filling pressure containers; field warehousing; fire
extinguishers; firefighting service; floats, decoration; folding and refolding; gas
systems; inspection of commodities; labeling bottles; liquidation services; metal
slitting and shearing; mounting merchandise on cars; music distribution systems;
packaging and labeling; patrol of electric transmission or gas lines; pipeline or
powerline inspection; pre-sorting mail service; press clipping service; produce
weighing service; product sterilization service; racetrack cleaning; radio
broadcasting music checkers; recording studios; repossession service; rug binding;
salvaging of damaged merchandise; sampling of commodities; scrap steel cutting
and slitting; shrinking textiles; solvent recovery; sponging textiles; styling of
fashions, apparel, furniture, and textiles; swimming pool cleaning; tape slitting;
textile designers; textile folding; tobacco sheeting; weighing foods and other
commodities; window trimming; and yacht brokers).
9. Child day care services (8351).
10. Churches.
11. Computer and computer software stores (5734).
12. Drug stores (5912).
13. Eating and drinking places (5812 restaurants only). All establishments engaged in
the retail sale of alcoholic beverages for on -premise consumption are subject to the
locational requirements of section 5.05.01 of the LDC.
14. Educational plants and services (8211, 8221-8222).
15. Federal and federally -sponsored credit agencies (6111 ).
16. Food stores (groups 541 1-5499).
17. Garment pressing and agents for laundries and drycleaners (7212, excluding truck
route laundry and dry cleaning, not operated by laundries).
18. General merchandise stores (5331-5399).
19. Glass, Paint, and Wallpaper stores (5231).
20. Hardware stores (5251).
21. Home furniture and furnishings stores (5712-5719).
22. Household appliance stores (5722).
23. Libraries (823 1).
24. Loan brokers (6163).
Page 4 of 15
25. Motor freight transportation and warehousing (4225, air conditioned and mini -and
self -storage warehousing only).
26. Mortgage bankers and loan correspondents (6162).
27. Museums and art galleries (8412).
28. Musical instrument stores (5736).
29. Photographic studios, portrait (7221).
30. Physical fitness facilities (7991 ; 7997).
31. Radio, television and consumer electronics stores (5731).
32. Religious organizations (8661 ).
33. Repair services - miscellaneous (7629, excluding appliance repair; business
machine repair; office machine repair - except typewriters, computers; and washing
machine repair; 7631, 7699 — limited to bicycle repair, binocular repair, camera
repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop,
picture framing, and pocketbook repair only).
34. Retail nurseries, lawn and garden supply stores (5261 ).
35. Retail services - miscellaneous (5921-5963 except pawnshops and building
materials; 5992-5999 except auction rooms, awning shops, gravestones, hot tubs,
monuments, swimming pools, tombstones and whirlpool baths).
36. Shoe repair shops and shoeshine parlors (7251).
37. United States Postal Service (4311, except major distribution center).
38. Veterinary services (0742, excluding outdoor kenneling).
IL Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and
structures permitted by right in this CPUD, including, but not limited to:
1. Outside storage or display of merchandise when specifically permitted by the LDC for
a use, subject to LDC Section 4.02.12.
2. One caretakers residence, subject to LDC Section 5.03.05.
3. Temporary outdoor display of merchandise during business hours provided it does not
adversely affect pedestrian or vehicular traffic or public health or safety as determined
by the County. Merchandise storage and display is prohibited within any front yard but
allowed within the side and rear yards of lots.
4. Signage in accordance with LDC Section 5.06.00 et seq.
III. Restrictions on Certain Uses:
Within 60 feet of the eastern and southern perimeter boundaries of the PUD, and subject to the
square footage limitations in I.A., only the following uses and/or improvements shall be
permitted:
1. Conservation/Preserve areas;
2. Landscape buffers;
3. Stormwater management areas (dry or wet detention);
4. Essential services;
Page 5 of 15
5. Professional office or other professional service uses not otherwise prohibited in
Section I.B., above; and
6. Accessory uses and structures customarily associated with any of the permitted
principal uses, including parking, except outdoor storage and display.
IV. Prohibited Use:
Any use meeting the definition of a sexually oriented business, as set forth in Ordinance No.
91-83, as amcndcd, isprohibited.
TRACT P — PRESERVE:
PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered, or used, or land used, in whole
or in part, for other than the following:
A. Principal Uses:
1. Preservation of native habitat.
B. Accessory Uses, allowed only ifadditional acreage above the required minimum is provided
in Tract P:
1. Storm water management structures.
2. Pervious and impervious pathways and boardwalks, consistent with LDC Section
3.05.07 H.l .h.i.
3. Shelters without walls.
4. Educational signage and bulletin boards located on or immediately adjacent to the
pathway.
5. Benches for seating.
6. Viewing platforms.
7. Any other use which is comparable in nature with the forgoing list of permitted
accessory uses, as determined by the Hearing Examiner by the process outlined in the
LDC.
Page 6 of 15
EXHIBIT B
TORRES FAMILY TRUST CPUD
DEVELOPMENT STANDARDS
The table below sets forth the development standards for commercial land uses (including
Assisted Living Facilities) within Tract C of the Torres Family Trust CPUD. Standards not
specifically set forth herein shall be those specified in applicable sections ofthe LDC in effect as
of the date of approval of the SDP or subdivision plat.
1. COMMERCIAL DEVELOPMENT STANDARDS
PRINCIPAL
STRUCTURES
ACCESSORY
STRUCTURES
MIN. LOT .AREA
10.000 S.F.
N;A
MIN. LO"I' WIDTII
100 FEET
NA
MIN. FLOOR AREA
1.000 S.F.
ti+A
MINIMUM
LARDS
From Tamiami Trail
35 FEET
SPS
From adjacent TTRVC zoned property
25 FEET if no preserve
or 25 FEET ftom
reserve boundary
10 FEET if no preserve
Of 10 FEET from
preserve houndaiN
From adjacent PUD zoned properq
25 FEET
10 FEET
Min. Front Yard
10 FEE I
SPS
Mim Side Yurd
10 FEET
5 FEET
Mim Rear Yard
10 FEET
5 FEET
Win. Prewrvv 5ctaad
21 FEET
10 FEET
Actin. Lake Setback "
20 FEET
10 FEE l
MIN. DISTANCE; BETWEEN STRUCTURES
20 F f or'!, sum of RH.
whichever i+greater
10 FEET
MAX. BUILDING HEIGHT NOT TO EXCEED
ZONED
45 FEET
SPS
MAX. BUILDING HEIGHT NOT TO EXCEED
ACTI 1Al
52 FEET
SPS
1. Per principal structure, un the finished first floor.
2. Landscape buffers shall be separately platted orst:parate tracts on the SDP.
3. As measured from the Control Elevation.
Page 7 of 15
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EXHIBIT D
TORRES FAMILY TRUST CPUD
LEGAL DESCRIPTION
Starting at the Northwest Corner of the property at the intersection of the South Right-of-way of
U.S. 41 and the West line of Section 12, Township 51 South, Range 26 East Collier County,
Florida, and proceeding Southerly along the Section Line for approximately 870 feet, thence
Easterly for 330 feet, thence Northerly for 660 feet, thence Westerly along U.S. 41 Southerly
Right-of-way for approximately 390 feet to the point of beginning, less and except the following
described parcel: Commencing at the intersection of the west line of Section 12, Township 51
South, Range 26 East Collier County, Florida, and the Southeasterly Right-of-way of U.S. 41;
run South 54°24'20" East 377.86 feet along said Right-of-way line to the point of beginning;
Continue along said Right-of-way Line 12.14 feet; thence South 1'01'20" West 100.00 feet,
thence North 88°58'40" West 10.00 feet; thence North 1°01'20" East 106.89 feet to the point of
beginning.
Page 11 of 15
EXHIBIT E
TORRES FAMILY TRUST CPUD
LIST OF REQUESTED DEVIATIONS FROM LDC
Deviation 1: From LDC Section 5 05.04.D.I Group Housing, which establishes a maximum floor
area ratio of 0.45 for care units, assisted living units, continuing care retirement communities,
nursing homes, and dwelling units that are part of an aging -in -place living environment, to allow
a maximum floor area ratio of 0.60 for an Assisted Living Facility, consistent with the East
Tamiami Trail Infill Subdistrict.
Page 12 of 15
EXHIBIT F
TORRES FAMILY TRUST CPUD
LIST OF DEVELOPER COMMITMENTS
1. 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 MPUD. At the time of this PUD approval, the
Managing Entity is Torres Family Holdings, LLC. 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, 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 will 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.
II. ENVIRONMENTAL
The site contains approximately 5.33 acres of native vegetation. For a commercial or
industrial project within the Coastal High Hazard Area, 15 percent of existing native
vegetation must be retained (15% of 5.33 acres = 0.80 acres). The preserve as depicted on
the Master Plan contains a minimum of 0.80 acres.
III. TRANSPORTATION
A. Intensity of uses under any development scenario for the PUD is limited to the two-
way, unadjusted, average weekday, pm peak hour trip entering/exiting generation
of 425 total trips utilized in the TIS dated May 2016 (gross trips).
B.
ea
Access to the project site
shall be rovided b one 1 access point on 1 amiami Trail Last. However, if
Creative Drive is realigned to meet FDOT standards then access to the project site
shall be provided for by up to two 2 access points on Creative Drive and the
access oint along Tamami Trail shall be extinguished within six (6) months of the
reali ned Creative Drive receivina certification. Additionally, at this time
licable access point(s) on Creative Drive shall be aligned with access points to
the adjacent Fiddler's Creek Business Tract as determined by the County Manager
or designee.
Page 13 of 15
IV. PLANNING
A. The developer of any group housing or retirement community, its successors or
assigns, shall provide the following services and be subject to the following
operational standards for the units in the retirement community, including, but not
limited to, independent living units, assisted living units, or skilled nursing units:
Operational Characteristics for Senior Housing
Senior housing may be composed of one or more types of care/housing facilities.
These care/housing types are limited to independent living, assisted living, and
skilled nursing units, each of which can have varying operational characteristics.
The following characteristics of senior housing care units distinguish them from
residential land uses, and all of the characteristics must be provided for and
maintained to be considered a senior housing care unit:
• The facility shall be for residents 55 years of age and older;
• There shall be on -site dining facilities to the residents, with food service being
on -site, or catered;
• Group transportation services shall be provided for the residents for the
purposes of grocery and other types of shopping. Individual transportation
services shall be coordinated for the residents needs, including but not limited
to medical office visits;
• There shall be an onsite manager/activities coordinator to assist residents who
shall be responsible for planning and coordinating stimulating activities for the
residents;
• An on -site wellness facility shall provide exercise and general fitness
opportunities for the residents;
• Each unit shall be equipped with devices provided to notify emergency service
providers in the event of a medical or other emergency;
• Independent living units shall be designed so that a resident is able to age in
place. For example, kitchens may be easily retrofitted by lowering the sink to
accommodate a wheelchair bound resident or bathrooms may be retrofitted by
adding grab bars.
• g facilities shall be constructed to have a core
Nursing homes or assisted livin
area to shelter residents and staff on site in the event of a hurricane. The core
area will be constructed to meet the Public Shelter Design Criteria that are
required for new public schools and public community colleges and universities
("State Requirements for Educational Facilities, 2014") and shall be capable of
ventilation or air conditioning provided by back-up generator for a period of no
less than 96 hours.
$. Tract P, Preserve, where it is dense enough to provide equivalent buffering perthe
LDC, may count towards minimum Type B buffering requirements. Preserves may
be used to satisfy the landscape buffer requirements after exotic vegetation removal
in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings
with native plant materials shall be in accordance with LDC section 3.05.07.
Page 14 of 15
C. The Master Plan is conceptual in nature and is subject to modifications at time of Plans
and Plat (PPL) or Site Development Plan (SDP) approval due to agency permitting
requirements.
D. Lighting shall be fully shielded and directed so as to prevent glare on adjacent
residential or TTRVC zoned properties.
E. Outdoor amplified sound is prohibited, except in conjunction with an approved
temporary use permit and in such limited cases shall be restricted to the hours of
11:00 a.m. to 8:00 p.m.
F. 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.
G. All other applicable state or federal permits must be obtained before commencement
of the development.
H. An Enhanced 15 foot wide Type D buffer shall be provided along US 41 (Tamiami
Trail East). In addition to the required canopy trees, spaced 25' on center, the buffer
shall include a continuous undulating double hedgerow spaced 3' on center. Plantings
shall be 3 gallon and at least 24" in height at time of planting for first row hedges
(closest to the right-of-way) and 4 gallon and at least 24" in height at the time of
planting for the second row of hedges.
Page 15 of 15
EXHIBIT "B"
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